New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 3

SCHEDULE 3 – Amendment of Crimes Act 1900

(Section 3)

[1] Part 3, Division 13A

Omit the heading to the Division as inserted by the Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 No 84 .
Insert instead:

Division 14 Kidnapping

Kidnapping

[2] Section 85A Kidnapping

Renumber the section as section 86.

[3] Old Division 14, heading, old sections 86-91

Omit the heading to old Division 14 of Part 3 and sections 86-91.
Insert instead:

87 Child abduction

(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.

(2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.

(3) In this section:
"child" means a child under the age of 12 years.
"detaining a child" includes causing the child to remain where he or she is.
"taking a child" includes causing the child to accompany a person and causing the child to be taken.

(4) In this section, a reference to a person who has parental responsibility for a child is a reference to:

(a) a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or

(b) a person authorised to be the carer of the child under an Act relating to the care and protection of children.

[4] Part 3, Division 14A

Insert before section 91A:

Division 14A Procuring for prostitution

Procuring for prostitution

[5] Part 3D

Insert after Part 3C:

Part 3D - Public order offences relating to bomb and other hoaxes

93IH Conveying false information that a person or property is in danger

(1) A person who conveys information:

(a) that the person knows to be false or misleading, and

(b) that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both,

is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(2) This section extends to conveying information by any means including making a statement, sending a document, or transmitting an electronic or other message.

(3) In this section, a reference to the safety of a person includes the safety of the person who conveys the information and the person to whom it is conveyed.

93II Leaving or sending an article with intent to cause alarm

(1) A person:

(a) who leaves in any place, or sends by any means, a substance or article, and

(b) who intends to induce a false belief that the substance or article is likely to be a danger to the safety of a person or of property, or both,

is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(2) For the purposes of this section, a false belief that a substance or article is likely to be a danger includes a false belief that the substance or article is likely to explode, ignite, or contain, consist of or discharge a dangerous matter.

[6] Section 203 False statement that a person or property is in danger

Omit the section.

[7] Section 562H Telephone interim orders

Insert after section 562H (9):

(9A) Extended period in special circumstances Despite subsection (9), a telephone interim order may be made under subsection (3) for an extended period lasting until midnight on the twenty-eighth day after the order is made (unless it is revoked or it otherwise ceases to have effect) if the authorised justice is satisfied that the Local Court closest to the place at which the application for the order is made is not sitting within the fourteen-day period following the making of the order.

(9B) Objection by defendant to extended period An order may not be made under subsection (9A) for the extended period if the defendant:

(a) is present at the place where the application is made, and

(b) objects, verbally or otherwise, when the application is made to the making of the order for the extended period.

(9C) Notification of defendant A police officer must notify the defendant:

(a) at the time the application is made if the defendant is present at the place the application is made, of the defendant's right to object under subsection (9B) to the making of the order for an extended period, and

(b) at the time the order is served, of the defendant's right to apply to have the extended period of the order reduced, or the terms of the order varied under subsection (9D).

(9D) Application for reduction or variation of extended period of the order If the defendant objects to the extended period of the order, the defendant may apply to:

(a) the authorised justice who made the order or any other authorised justice, or

(b) a Local Court,

to have the extended period reduced, or the terms of the order varied.

(9E) Reduction or variation of extended period On application by the defendant, an authorised justice or a Local Court may reduce the extended period of the order or vary the terms of the order.

(9F) Notification of application for reduction or variation The extended period of a telephone interim order must not be reduced, or the terms of the order varied, unless notice of the application has been served on the Commissioner of Police.

(9G) Notice of reduction or variation Notice of any reduction or variation is to be served on the defendant, the protected person and the Commissioner of Police.

[8] 562H (16)

Omit the definition of "working day".

[9] 578B Possession of child pornography

Omit "6 months" from section 578B (4) (a). Insert instead "2 years".

[10] 578B (5) (a)

Omit the paragraph. Insert instead:

(a) that the defendant did not know, or could not reasonably be expected to have known, that the film, publication or computer game concerned is or contains pornographic material involving a child under 16, or

[11] 578C Publishing child pornography and indecent articles

Insert after section 578C (5):

(5A) Proceedings for an offence under subsection (2A) are not to be commenced later than 2 years after the date of the alleged offence.