New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2003 - SCHEDULE 3

SCHEDULE 3 – Amendment of Crimes Act 1900 No 40

(Section 3)

[1] Section 52B Dangerous navigation: substantive matters

Omit "to the public" wherever occurring in section 52B (1) (b) and (c) and (3) (b) and (c).
Insert instead "to another person or persons".

[2] Section 63 Common law offences of rape and attempted rape abolished

Insert "1A," after "Parts" in section 63 (2).

[3] Section 308G Producing, supplying or obtaining data with intent to commit serious computer offence

Insert after section 308G (3):

(4) It is not an offence to attempt to commit an offence against this section.

[4] Section 308H Unauthorised access to or modification of restricted data held in computer (summary offence)

Insert ", being data" before "to which" in the definition of "restricted data" in section 308H (3).

[5] Section 474C Consideration of petitions

Omit "provisions, and" from section 474C (3) (a) (ii).
Insert instead "provisions, or".

[6] Section 474C (3) (a) (iii) and (iv)

Insert after section 474C (3) (a) (ii):

(iii) has been the subject of a right of appeal (or a right to apply for leave to appeal) by the convicted person but no such appeal or application has been made, or

(iv) has been the subject of appeal proceedings commenced by or on behalf of the convicted person (including proceedings on an application for leave to appeal) where the appeal or application has been withdrawn or the proceedings have been allowed to lapse, and

[7] Section 474C (3) (b)

Insert "Governor or the" before "Minister".

[8] Section 474E Consideration of applications

Omit "provisions, and" from section 474E (3) (a) (ii).
Insert instead "provisions, or".

[9] Section 474E (3) (a) (iii) and (iv)

Insert after section 474E (3) (a) (ii):

(iii) has been the subject of a right of appeal (or a right to apply for leave to appeal) by the convicted person but no such appeal or application has been made, or

(iv) has been the subject of appeal proceedings commenced by or on behalf of the convicted person (including proceedings on an application for leave to appeal) where the appeal or application has been withdrawn or the proceedings have been allowed to lapse, and

[10] Eleventh Schedule Savings and transitional provisions

Insert before Part 1:

Part 1A - Crimes (Sexual Assault) Amendment Act 1981

1A Application of section 30 of Interpretation Act 1987 Section 30 of the Interpretation Act 1987 applies to and in respect of the abolition by section 63 of the common law offences of rape and attempted rape in the same way as it applies to and in respect of the repeal of an Act or statutory rule.

1B Construction of certain references In any other Act or instrument made under an Act:

(a) a reference to rape, the crime of rape, the offence of rape or an offence under section 63 is to be read and construed as a reference to an offence under section 61B, 61C or 61D, and

(b) a reference to attempted rape, attempting to commit rape, attempting to commit the crime of rape, attempting to commit the offence of rape or an offence under section 65 is to be read and construed as a reference to the offence of attempting to commit an offence under section 61B, 61C or 61D,

but a reference to a crime or misdemeanour which was punishable by death immediately before the commencement of the Crimes (Amendment) Act 1955 is to be read and construed as not including a reference to an offence under section 61B, 61C or 61D.

1C Statement for purposes of section 30A of Interpretation Act 1987

(1) Clauses 1A and 1B re-enact (with modifications) section 4 of the Crimes (Sexual Assault) Amendment Act 1981 .

(2) Clauses 1A and 1B are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(3) Clauses 1A and 1B are taken to have commenced on the commencement of the Crimes (Sexual Assault) Amendment Act 1981 .

Note: Item [1] brings section 52B of the Crimes Act 1900 (which relates to dangerous navigation) into line with section 52A of that Act (which relates to dangerous driving).
Item [3] makes it clear that an attempt to commit an offence against section 308G of the Crimes Act 1900 (which relates to the production, supply or obtaining of data with intent to commit a serious computer offence) is not itself an offence, and so brings that section into line with a corresponding provision of the Cybercrime Act 2001 of the Commonwealth.
Item [4] clarifies the meaning of the definition of "restricted data" in section 308H of the Crimes Act 1900 .
Items [6] and [9] amend sections 474C and 474E of the Crimes Act 1900 so as to provide that a petition to the Governor or application to the Supreme Court may be declined in relation to a conviction or sentence if the convicted person has failed to lodge an appeal (or an application for leave to appeal) or has lodged such an appeal or application but subsequently withdrawn it or allowed the appeal proceedings to lapse. Items [5], [7] and [8] are consequential amendments.
Item [10] transfers a savings and transitional provision from the Crimes (Sexual Assault) Amendment Act 1981 to the Crimes Act 1900 , so enabling the 1981 Act to be repealed. Item [2] is a consequential amendment.