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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment
(Gangs) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103 2
5 Consequential amendment of other Acts 2
6 Repeal of Act 2
Schedule 1 Amendment of Crimes Act 1900 3
Schedule 2 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 9
Schedule 3 Consequential amendment of other Acts 15
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Crimes Legislation Amendment
(Gangs) Bill 2006
Act No , 2006
An Act to amend the Crimes Act 1900 and the Law Enforcement (Powers and
Responsibilities) Act 2002 to make further provision with respect to organised
criminal groups and public disorder; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Legislation Amendment (Gangs) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Gangs) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
The Law Enforcement (Powers and Responsibilities) Act 2002 is
amended as set out in Schedule 2.
5 Consequential amendment of other Acts
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
Public disorder means a riot or other civil disturbance that gives
rise to a serious risk to public safety, whether at a single location
or resulting from a series of incidents in the same or different
locations.
[2] Section 59A Assault during public disorder
Omit section 59A (3).
[3] Section 60 Assault and other actions against police officers
Insert "throws a missile at," after "assaults," in section 60 (1).
[4] Section 60 (1A)
Insert after section 60 (1):
(1A) A person who, during a public disorder, assaults, throws a missile
at, stalks, harasses or intimidates a police officer while in the
execution of the officer's duty, although no actual bodily harm is
occasioned to the officer, is liable to imprisonment for 7 years.
[5] Section 60 (2A)
Insert after section 60 (2):
(2A) A person who, during a public disorder, assaults a police officer
while in the execution of the officer's duty, and by the assault
occasions actual bodily harm, is liable to imprisonment for 9
years.
[6] Section 60 (3A)
Insert after section 60 (3):
(3A) A person who, maliciously by any means, and during a public
disorder:
(a) wounds a police officer, or
(b) inflicts grievous bodily harm on a police officer,
while in the execution of the officer's duty is liable to
imprisonment for 14 years.
Page 3
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 1 Amendment of Crimes Act 1900
[7] Section 60A Assault and other actions against law enforcement officers
(other than police officers)
Insert "throws a missile at," after "assaults," in section 60A (1).
[8] Section 60B Actions against third parties connected with law
enforcement officers
Omit "imprisonment for 2 years" from section 60B (2).
Insert instead "imprisonment for 5 years".
[9] Section 60C Obtaining of personal information about law enforcement
officers
Omit "imprisonment for 2 years". Insert instead "imprisonment for 5 years".
[10] Section 93GA Firing at dwelling-houses or buildings
Insert after section 93GA (1):
(1A) A person who, during a public disorder, fires a firearm at a
dwelling-house or other building with reckless disregard for the
safety of any person is liable to imprisonment for 16 years.
[11] Part 3E
Insert after Part 3D:
Part 3E Participation in criminal groups
93IJ Definitions
(1) In this Part:
criminal group means a group of 3 or more people who have as
their objective or one of their objectives:
(a) obtaining material benefits from conduct that constitutes a
serious indictable offence, or
(b) obtaining material benefits from conduct engaged in
outside New South Wales (including outside Australia)
that, if it occurred in New South Wales, would constitute a
serious indictable offence, or
(c) committing serious violence offences, or
(d) engaging in conduct outside New South Wales (including
outside Australia) that, if it occurred in New South Wales,
would constitute a serious violence offence.
law enforcement officer has the same meaning as it has in
Division 8A of Part 3.
Page 4
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Crimes Act 1900 Schedule 1
serious violence offence means an offence punishable by
imprisonment for life or for a term of 10 years or more, where the
conduct constituting the offence involves:
(a) loss of a person's life or serious risk of loss of a person's
life, or
(b) serious injury to a person or serious risk of serious injury
to a person, or
(c) serious damage to property in circumstances endangering
the safety of any person, or
(d) perverting the course of justice (within the meaning of Part
7) in relation to any conduct that, if proved, would
constitute a serious violence offence as referred to in
paragraph (a), (b) or (c).
(2) A group of people is capable of being a criminal group for the
purposes of this Part whether or not:
(a) any of them are subordinates or employees of others, or
(b) only some of the people involved in the group are involved
in planning, organising or carrying out any particular
activity, or
(c) its membership changes from time to time.
93IK Participation in criminal groups
(1) A person who participates in a criminal group:
(a) knowing that it is a criminal group, and
(b) knowing, or being reckless as to whether, his or her
participation in that group contributes to the occurrence of
any criminal activity,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person who assaults another person, intending by that action to
participate in any criminal activity of a criminal group, is guilty
of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) A person who destroys or damages property belonging to another
person, or threatens to destroy or damage property belonging to
another person, intending by that action to participate in any
criminal activity of a criminal group, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
Page 5
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 1 Amendment of Crimes Act 1900
(4) A person who assaults a law enforcement officer while in the
execution of the officer's duty, intending by that action to
participate in any criminal activity of a criminal group, is guilty
of an offence.
Maximum penalty: Imprisonment for 14 years.
(5) For the purposes of this section, an action is taken to be carried
out in relation to a law enforcement officer while in the execution
of the officer's duty, even though the law enforcement officer is
not on duty at the time, if it is carried out:
(a) as a consequence of, or in retaliation for, actions
undertaken by that law enforcement officer in the
execution of the officer's duty, or
(b) because the officer is a law enforcement officer.
93IL Alternative verdicts
If, on the trial of a person for an offence under section 93IK (2),
(3) or (4), the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied that the accused is guilty of an
offence under section 93IK (1), it may find the accused not guilty
of the offence charged but guilty of an offence under section
93IK (1), and the accused is liable to punishment accordingly.
[12] Section 195 Maliciously destroying or damaging property
Insert at the end of section 195:
(2) A person who, during a public disorder, maliciously destroys or
damages property belonging to another or to that person and
another is liable:
(a) to imprisonment for 7 years, or
(b) if the destruction or damage is caused by means of fire or
explosives, to imprisonment for 12 years.
[13] Section 196 Maliciously destroying or damaging property with intent to
injure a person
Insert at the end of section 196:
(2) A person who, during a public disorder, maliciously destroys or
damages property, intending by the destruction or damage to
cause bodily injury to another, is liable:
(a) to imprisonment for 9 years, or
(b) if the destruction or damage is caused by means of fire or
explosives, to imprisonment for 16 years.
Page 6
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Crimes Act 1900 Schedule 1
[14] Section 197 Dishonestly destroying or damaging property
Insert at the end of section 197:
(2) A person who, during a public disorder, dishonestly, with a view
to making a gain for that person or another, destroys or damages
property is liable:
(a) to imprisonment for 9 years, or
(b) if the destruction or damage is caused by means of fire or
explosives, to imprisonment for 16 years.
[15] Section 199 Threatening to destroy or damage property
Insert at the end of section 199:
(2) A person who, during a public disorder and without lawful
excuse, makes a threat to another, with the intention of causing
that other to fear that the threat would be carried out:
(a) to destroy or damage property belonging to that other or to
a third person, or
(b) to destroy or damage the first-mentioned person's own
property in a way which that person knows will or is likely
to endanger the life of, or to cause bodily injury to, that
other or a third person,
is liable to imprisonment for 7 years.
[16] Section 200 Possession etc of explosive or other article with intent to
destroy or damage property
Insert at the end of section 200:
(2) A person who, during a public disorder, has possession, custody
or control of an article with the intention that it should be used
maliciously to destroy or damage property belonging to:
(a) some other person, or
(b) the first-mentioned person or the user, or both of them, and
some other person,
is liable (if the article is an explosive) to imprisonment for 9 years
or (if the article is not an explosive) to imprisonment for 5 years.
Page 7
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 1 Amendment of Crimes Act 1900
[17] Section 351A
Omit the section. Insert instead:
351A Recruiting persons to engage in criminal activity
(1) A person (not being a child) who recruits another person to carry
out or assist in carrying out a criminal activity is guilty of an
offence.
Maximum penalty: Imprisonment for 7 years.
(2) A person (not being a child) who recruits a child to carry out or
assist in carrying out a criminal activity is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) In this section:
child means a person under the age of 18 years.
criminal activity means conduct that constitutes a serious
indictable offence.
recruit means counsel, procure, solicit, incite or induce.
[18] Section 546A Consorting with convicted persons
Insert at the end of section 546A:
(2) Proceedings for an offence against this section may be
commenced at any time within 12 months after the date of
commission of the offence.
[19] Eleventh Schedule Savings and transitional provisions
Insert at the end of the Eleventh Schedule (with appropriate Part and clause
numbers):
Part Crimes Legislation Amendment (Gangs)
Act 2006
Limitation period for consorting
Section 546A (2), as inserted by the Crimes Legislation
Amendment (Gangs) Act 2006, applies only to an offence against
section 546A that is committed, or is alleged to have been
committed, after the commencement of that subsection.
Page 8
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 2
Schedule 2 Amendment of Law Enforcement
(Powers and Responsibilities) Act 2002
(Section 4)
[1] Section 70 Use of force etc to enter and search premises
Insert after section 70 (1):
(1A) A police officer authorised to enter premises pursuant to a
warrant may, if it is reasonably necessary to do so for the purpose
of entering those premises, do any of the following:
(a) disable any alarm, camera or surveillance device at the
premises,
(b) pacify any guard dog at the premises.
[2] Section 70 (3)
Insert after section 70 (2):
(3) A police officer authorised to search premises pursuant to a
warrant may do anything that it is reasonably necessary to do for
the purpose of preventing the loss or destruction of, or damage to,
any thing connected with an offence that the police officer
believes on reasonable grounds to be at those premises, including
by blocking any drains at or used in connection with the
premises.
[3] Section 87MA
Insert after section 87M:
87MA Power to disperse groups
(1) If a group of persons are assembled within an area that is the
target of an authorisation, a police officer may give a direction to
those persons, or to any of them, to disperse immediately.
(2) The police officer giving the direction must:
(a) inform the person or persons to whom the direction is
given that an authorisation has been given under this Act
to prevent or control a public disorder, and
(b) warn the person or persons to whom the direction is given
that a refusal or failure to comply with the direction may
be an offence.
Page 9
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
(3) If a police officer has complied with this section and section 201
in giving a direction to a person and the person fails to comply
with the direction, the police officer may again give the direction
and, in that case, must again warn the person that a failure or
refusal to comply with the direction may be an offence.
(4) A person must not, without reasonable excuse, refuse or fail to
comply with a direction given in accordance with this section.
Maximum penalty: 50 penalty units.
(5) A direction under this section is to be given orally and, if given
to a group of persons, is to be given in such a manner as is likely
to be audible to all persons in that group, or to as many of them
as practicable.
(6) If a direction under this section is given to a group of persons, it
is not necessary for the police officer to repeat the direction, or to
repeat the information and warning referred to in subsection (2),
to each person in the group.
(7) However, just because the police officer is not required to repeat
any such direction, information or warning does not in itself give
rise to any presumption that each person in the group has received
the direction, information or warning.
[4] Section 87N Powers exercisable without authorisation under this
Division
Insert "(except section 87MA)" after "Division" where firstly occurring in
section 87N (2).
[5] Part 16A
Insert after Part 16:
Part 16APowers relating to fortified premises
210A Definitions
In this Part:
fortification means any security measure that involves a structure
or device forming part of, or attached to, premises that:
(a) is intended or designed to prevent or impede police access
to the premises, or
(b) has, or could have, the effect of preventing or impeding
police access to the premises and is excessive for the
particular type of premises.
Page 10
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 2
fortification removal order has the meaning given by section
210B.
210B Fortification removal order
(1) A Local Court may, on application by the Commissioner, make
an order (a fortification removal order) directing a person named
in the order (being an owner or occupier of the premises) to
remove or modify any fortifications at the premises, as specified
in the order, within a period specified in the order.
(2) A Local Court is to make a fortification removal order only if
satisfied that there are fortifications at the premises concerned
and that:
(a) the fortifications have been constructed or put in place in
contravention of the Environmental Planning and
Assessment Act 1979, or
(b) there are reasonable grounds to believe that the premises
are being used, have been used or are likely to be used:
(i) for or in connection with the commission of a
serious indictable offence, or
(ii) to conceal evidence of a serious indictable offence,
or
(iii) to keep the proceeds of a serious indictable offence.
(3) A fortification removal order must state the general grounds on
which the order is made.
(4) If the owner or occupier required by a fortification removal order
to remove or modify fortifications did not appear, or was not
represented, before the Local Court on the making of the order,
the Commissioner is to cause a copy of the order to be served:
(a) personally on the owner or occupier named in the order, or
(b) if personal service cannot be effected promptly, by causing
a copy of the order to be affixed to or near the entrance of
the premises.
(5) Part 6 of the Local Courts Act 1982 applies, subject to any
modifications provided for by this Part or by the regulations, to
proceedings for a fortification removal order under this Part.
Note. Section 64 of the Local Courts Act 1982 provides for appeals in
relation to matters dealt with under Part 6 of that Act.
Page 11
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
210C Application for fortification removal order
(1) An application for a fortification removal order is to be made by
the Commissioner by issuing and filing an application notice in
accordance with Part 6 of the Local Courts Act 1982.
(2) Despite section 42 of that Act, the application notice must be
served:
(a) personally on the respondent, or
(b) if personal service cannot be effected promptly, by causing
a copy of the application notice to be affixed to or near the
entrance of the premises.
(3) Section 44 of the Local Courts Act 1982 does not apply to
proceedings for a fortification removal order.
210D Enforcement of fortification removal order
(1) If the fortifications to which a fortification removal order applies
are not removed or modified in accordance with a fortification
removal order within the period required by the order or, if that
period is extended or further extended by the Commissioner
under this Part, within the extended period, the Commissioner
may cause the fortifications to be removed or modified to the
extent required by the order in accordance with this section.
(2) For that purpose, the Commissioner, or any police officer
authorised by the Commissioner, may do any one or more of the
following:
(a) enter the premises without a warrant,
(b) use such force as is reasonably necessary for the purpose
of entering the premises,
(c) make use of such assistants as the Commissioner or police
officer considers necessary to remove or modify the
fortifications,
(d) seize anything required to be removed for the purpose of
complying with the order,
(e) do anything else it is reasonably necessary to do to remove
or modify the fortifications to the extent required by the
order.
(3) The Commissioner may recover the costs incurred by the
Commissioner under this section, as a debt in any court of
competent jurisdiction, from any person who caused the
fortifications to be constructed or put in place.
Page 12
Crimes Legislation Amendment (Gangs) Bill 2006
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 2
(4) Before premises are first entered under this section, the
Commissioner must cause a notice to be prepared that:
(a) contains a summary of the fortification removal order, and
(b) specifies the intention of the Commissioner to enter, or to
authorise entry, to the premises to cause the fortifications
to be removed or modified in accordance with the order on
or from a date specified in the order (the enforcement
date).
(5) A copy of the notice must be served, not less than 7 days before
the enforcement date:
(a) personally on the occupier of the premises, or
(b) if personal service cannot be effected promptly, by causing
a copy of the notice to be affixed to or near the entrance to
the premises.
210E Hindering removal or modification of fortifications
(1) A person must not do anything with the intention of preventing,
obstructing or hindering the removal or modification of
fortifications in accordance with a fortification removal order.
Maximum penalty: 100 penalty units or imprisonment for 6
months, or both.
(2) Subsection (1) applies to the removal or modification of
fortifications by a person who is, or is acting for or on the
instructions of, an owner or occupier of the premises, or a person
who is acting under section 210D.
210F Liability for damage
(1) No action lies against the Crown or any person for damage to
property resulting from the enforcement of a fortification
removal order.
(2) However, an owner of premises may recover the reasonable costs
associated with repair or replacement of property damaged as a
result of creation of fortifications or enforcement of a
fortification removal order as a debt from any person who caused
the fortifications to be constructed or put in place.
Page 13
Crimes Legislation Amendment (Gangs) Bill 2006
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
210G Extension of order
The Commissioner may extend or further extend the period for
compliance with a fortification removal order if, before the end
of the period allowed for compliance with the order, an
application is made by the owner or occupier of the premises
specified in the order for an extension.
210H Withdrawal of order
(1) If the Commissioner decides that a fortification removal order
will not be enforced, the Commissioner is to lodge a notice (a
withdrawal notice) with the court that made the fortification
removal order that:
(a) identifies the fortification removal order and the premises
to which it relates, and
(b) states that the Commissioner has decided the fortification
removal order will not be enforced.
(2) The fortification removal order ceases to have effect when the
withdrawal notice is lodged with the court.
(3) A copy of the withdrawal notice is to be served:
(a) personally on the owner or occupier named in the
fortification removal order, or
(b) if personal service cannot be effected promptly, by causing
a copy of the withdrawal notice to be affixed to or near the
entrance of the premises.
210I Application of planning controls
A consent or approval under the Environmental Planning and
Assessment Act 1979 is not required to carry out any work
required to be carried out to comply with or enforce a fortification
removal order.
210J Delegation
The Commissioner may delegate a function conferred on the
Commissioner by this Part, other than this power of delegation,
to a Deputy Commissioner of Police or an Assistant
Commissioner of Police.
[6] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Gangs) Act 2006
Page 14
Crimes Legislation Amendment (Gangs) Bill 2006
Consequential amendment of other Acts Schedule 3
Schedule 3 Consequential amendment of other Acts
(Section 5)
3.1 Criminal Procedure Act 1986 No 209
[1] Schedule 1 Indictable offences triable summarily
Insert "or (2A)" after "60 (2)" in clause 2 of Table 1.
[2] Schedule 1, Table 1
Insert after clause 10B:
10C Offences relating to participation in criminal groups
An offence under section 93IK (2) or (3) of the Crimes Act 1900.
[3] Schedule 1, Table 2
Insert "or (1A)" after "60 (1)" in clause 1.
[4] Schedule 1, Table 2
Insert after clause 4C:
4D Offences relating to participation in criminal groups
An offence under section 93IK (1) of the Crimes Act 1900.
3.2 Local Courts Act 1982 No 164
Section 36 Proceedings to which Part does not apply
Insert after section 36 (2) (c):
(d) applications for orders under Part 16A of the Law
Enforcement (Powers and Responsibilities) Act 2002.
Page 15
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