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CRIMINAL CODE (ADMINISTRATION OF JUSTICE OFFENCES) AMENDMENT ACT 2005 (NO. 53 OF 2005) - SCHEDULE 2

Schedule 2     Technical amendments

(see s 3)

Part 2.1     Crimes Act 1900

[2.1]     Section 114D (4)

substitute

    (4)     In this section:

"public fraud offence" means an offence against the Criminal Code, section 333 (General dishonesty).

Explanatory note

This amendment remakes the definition to update a cross-reference to the Crimes (Offences against the Government) Act 1989 , section 8. That Act has been repealed and the offence that was in section 8 is now covered by the Criminal Code, section 333. The definition is also amended to remove the reference to the Criminal Code, section 48 (Conspiracy). That reference is not necessary because the Legislation Act, s 189 provides that a reference to an offence includes a reference to a related ancillary offence (including conspiracy).

Part 2.2     Criminal Code 2002

[2.2]     Section 28 (7)

omit

tribunal of fact

substitute

trier of fact

Explanatory note

This amendment changes a term for consistency throughout the Code.

[2.3]     Section 29 (2)

omit

tribunal of fact

substitute

trier of fact

Explanatory note

This amendment changes a term for consistency throughout the Code.

[2.4]     Section 35 (2)

omit

tribunal of fact

substitute

trier of fact

Explanatory note

This amendment changes a term for consistency throughout the Code.

[2.5]     Section 46 heading

substitute

46     Agency

Explanatory note

This amendment changes the heading to more accurately describe the operation of the section.

[2.6]     Section 65 (2) (b)

omit

tribunal of fact

substitute

trier of fact

Explanatory note

This amendment changes a term for consistency throughout the Code.

[2.7]     Section 66 (2), (3) and (4)

omit

tribunal of fact

substitute

trier of fact

Explanatory note

This amendment changes a term for consistency throughout the Code.

[2.8]     Section 336 (3)

omit

Explanatory note

This amendment is consequential on the insertion of a definition of benefit in the dictionary by another amendment.

[2.9]     Section 337 (6)

before

misleading

insert

false or

Explanatory note

This amendment makes the language of the subsection consistent with section 337 (5).

[2.10]     Section 337 (7), definition of benefit

omit

Explanatory note

This amendment is consequential on the insertion of a definition of benefit in the dictionary by another amendment.

[2.11]     Section 338 (4)

before

misleading

insert

false or

Explanatory note

This amendment makes the language of the subsection consistent with the section 337 (4).

[2.12]     Section 338 (6)

omit

(1) (c) (ii)

substitute

(1) (d) (ii)

Explanatory note

This amendment corrects a cross-reference.

[2.13]     Section 352, definition of benefit

omit

Explanatory note

This amendment is consequential on the insertion of a definition of benefit in the dictionary by another amendment.

[2.14]     Section 356 (2) (a) (i), (ii) and (iii)

omit

himself, herself

substitute

the agent

Explanatory note

This amendment improves language.

[2.15]     Section 356 (2) (b) (i) and (ii)

omit

he or she

substitute

the agent

Explanatory note

This amendment improves language.

[2.16]     Section 357 (2) (a) (i), (ii) and (iii)

omit

himself, herself

substitute

the agent

Explanatory note

This amendment improves language.

[2.17]     Section 358 (a)

omit

himself or herself

substitute

the person

Explanatory note

This amendment improves language.

[2.18]     Section 358 (b)

omit

himself, herself

substitute

the person

Explanatory note

This amendment improves language.

[2.19]     Section 359 (1) (b) (i)

omit

himself, herself

substitute

the official

Explanatory note

This amendment improves language.

[2.20]     Section 359 (2) (c) (i)

omit

himself, herself

substitute

the person

Explanatory note

This amendment improves language.

[2.21]     Section 360 (2) (a)

omit

himself or herself

substitute

the person

Explanatory note

This amendment improves language.

[2.22]     Section 402

substitute

402     Meaning of threat for pt 4.1

For this part—

        (a)     a threat to a person includes a threat to a group of people; and

        (b)     fear that a threat will be carried out includes apprehension that it will be carried out.

Note     For further definition of threat , see the dictionary.

Explanatory note

This amendment remakes the section consequent on the insertion of a definition of threat in the dictionary by another amendment.

[2.23]     Section 424 (4)

substitute

    (4)     For this section—

        (a)     a threat to a person includes a threat to a group of people; and

        (b)     fear that a threat will be carried out includes apprehension that it will be carried out.

Note     For further definition of threat , see the dictionary.

Explanatory note

This amendment remakes the subsection consequent on the insertion of a definition of threat in the dictionary by another amendment.

Part 2.3     Legislative Assembly Precincts Act 2001

[2.24]     Section 11

substitute

11     Application of Crimes Act, s 154

The Crimes Act 1900 , section 154 (Additional offences on territory premises) applies to the Assembly precincts as if they were government premises within the meaning of that section.

Explanatory note

This amendment remakes a provision to update a cross-reference to the Crimes (Offences against the Government) Act 1989 . That Act has now been repealed and the relevant provision is now found in the Crimes Act 1900 , section 154.

Part 2.4     Rehabilitation of Offenders (Interim) Act 2001

[2.25]     Section 9  (2) (f) and (g)

substitute

        (f)     an offence against the Criminal Code, section 310 (Aggravated robbery);

        (g)     an offence against the Criminal Code, section 312 (Aggravated burglary);

Explanatory note

This amendment updates cross-references.

Part 2.5     Spent Convictions Act 2000

[2.26]     Dictionary, definition of sexual offence , paragraph (b)

omit

section 102 (Burglary)

substitute

the Criminal Code, section 311 (Burglary)

Explanatory note

This amendment updates a cross-reference.



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