Crimes Legislation Amendment
(Terrorism) Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

The Sydney Opera House Trust Amendment Bill 2004 is cognate with this Bill.

Overview of Bill

The object of this Bill is to make a number of miscellaneous amendments to the
Crimes Act 1900, the Criminal Procedure Act 1986, the Terrorism (Police
Powers) Act 2002 and the State Emergency and Rescue Management Act 1989
arising from a review of offences and powers relating to terrorism.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act:

(a) on a day or days appointed by proclamation for amendments related to
offences (Schedules 1 and 2), and

(b) on the date of assent for amendments related to powers (Schedules 3
and 4).

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
Act 1900 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendment to the
Criminal Procedure Act 1986 set out in Schedule 2.

Clause 5 is a formal provision that gives effect to the amendments to the
Terrorism (Police Powers) Act 2002 set out in Schedule 3.

Clause 6 is a formal provision that gives effect to the amendment to the State
Emergency and Rescue Management Act 1989 set out in Schedule 4.

Schedule 1 Amendment of Crimes Act 1900
Schedule 1 [1] inserts an interpretation provision into section 4. At present,
various offences against the person refer to the administration or taking of
poison or other destructive or noxious thing, for example, section 41
(Administering poison etc with intent to injure or annoy) and section 39 (Using
poison etc so as to endanger life). The amendment makes it clear that the offence
is committed if the poison or thing is caused to be administered or taken by
causing any person to inhale, take or be exposed to the poison or thing by its
release into the person’s environment.

Schedule 1 [2] revises section 48 (which currently makes it an offence to place,
or throw, an explosive in or near a building, ship or vessel) to extend the offence
to a public place and to any vehicle, train or other conveyance.

Schedule 1 [3] amends section 55 to increase the maximum penalty for the
possession or making of explosives, noxious things or any other instrument or
thing, with the intention of injuring persons, from imprisonment for 5 years to
imprisonment for 10 years.

Schedule 1 [4] amends the heading to Part 3B (which currently relates to
firearms and related offences) to reflect the addition of offences relating to
explosives (see items [5] and [9]).

Schedule 1 [5] inserts proposed section 93FA into the Act to deal with the
possession or making of explosives.

Proposed section 93FA (1) creates a new offence (maximum penalty:

imprisonment for 5 years) if a person possesses explosives in a public place
without reasonable excuse or lawful purpose.

Proposed section 93FA (2)–(4) contains the summary offence, currently in
section 545D, of possessing or making explosives in suspicious circumstances
and increases the maximum penalty from imprisonment for 1 year or a fine of 10
penalty units (or both) to imprisonment for 2 years or a fine of 50 penalty units
(or both).

Schedule 1 [6] amends section 200 to increase the maximum penalty for the
possession of explosives with the intention of maliciously destroying or
damaging property from imprisonment for 3 years to imprisonment for 7 years.

Schedule 1 [7] amends section 203A to extend the definition of public facility
in connection with offences related to sabotage so as to include the sabotage or
threatened sabotage of public computer systems (including systems providing
banking or other services to the public).

Schedule 1 [8] omits section 545D consequent on its transfer to Part 3B, as
proposed section 93FA (2)–(4) (see item [5]).

Schedule 1 [9] and [10] transfer section 545E (an explosives-related offence) to
Part 3B, which is being extended to explosives offences.

Schedule 2 Amendment of Criminal Procedure Act
1986
Schedule 2 amends Table 2 of Schedule 1 to the Act to provide that the proposed
new offence of possessing explosives in a public place is to be tried summarily,
unless the prosecution otherwise elects.

Schedule 3 Amendment of Terrorism (Police Powers)
Act 2002
Schedule 3 [1] amends section 5 to clarify the circumstances in which the
special powers conferred by the Act may be authorised. At present the special
powers are only exercisable if the Commissioner or a Deputy Commissioner of
Police (or other available senior police officer) is satisfied that there are
reasonable grounds for believing that there is an imminent threat of a terrorist
act. The proposed amendment will require the Commissioner etc to be satisfied
that there are reasonable grounds for believing that there is a threat of a terrorist
act occurring in the near future.

Schedule 3 [2] inserts proposed section 14A into the Act to authorise the
Commissioner of Police or a Deputy Commissioner (or other available senior
police officer) to give directions to government agencies (and their members and
officers) to facilitate the exercise of the special powers conferred on police
officers under the Act when an authority to exercise those powers is given by the
Commissioner, Deputy Commissioner or other senior officer.

Schedule 3 [3] inserts proposed section 19A into the Act to confer specific
power on police officers to place a roadblock or other cordon in or around a
target area where police officers are authorised to exercise special powers under
the Act to search persons, vehicles or premises.

Schedule 4 Amendment of State Emergency and
Rescue Management Act 1989
Schedule 4 amends section 4 (Definition of “emergency”) to make it clear that
a terrorist act is included in the actual or imminent occurrences (such as fires,
floods, storms, earthquakes, explosions, accidents, epidemics or warlike actions)
that can constitute an emergency for the purposes of the Act. Accordingly, the
Premier may declare a state of emergency under section 33 of the Act in
connection with such an emergency if satisfied that it constitutes a significant
and widespread danger to life or property in New South Wales.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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