New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT (TERRORISM) ACT 2004 - SCHEDULE 1

SCHEDULE 1 – Amendment of Crimes Act 1900

(Section 3)

[1] Section 4 Definitions

Insert at the end of the section:

(7) A reference in any offence under this Act to causing any poison or other destructive or noxious thing to be administered to or taken by any person includes a reference to causing any person to inhale, take or be exposed to the poison or thing by its release into the person's environment.

[2] Section 48

Omit the section. Insert instead:

48 Causing explosives to be placed in or near building, conveyance or public place

(1) A person who causes an explosive to be placed in or near:

(a) a building, or

(b) a vehicle, vessel, train or other conveyance, or

(c) a public place,

with the intention of causing bodily harm to any person, is guilty of an offence.

Maximum penalty: Imprisonment for 14 years.

(2) A person commits an offence under this section whether or not:

(a) any explosion occurs, or

(b) any bodily harm is caused.

[3] Section 55 Possessing or making explosives or other things with intent to injure

Omit "five years". Insert instead "10 years".

[4] Part 3B, heading

Insert " explosives, " before " firearms ".

[5] Section 93FA

Insert after section 93F:

93FA Possession or making of explosives

(1) A person who possesses an explosive in a public place is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(2) A person who possesses or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess or make the explosive for a lawful purpose, is guilty of an offence.

Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both.

(3) An offence against subsection (2) is a summary offence.

(4) A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.

[6] Section 200 Possession etc of explosive or other article with intent to destroy or damage property

Omit "is liable to imprisonment for 3 years".
Insert instead "is liable (if the article is an explosive) to imprisonment for 7 years or (if the article is not an explosive) to imprisonment for 3 years".

[7] Section 203A Definitions

Insert at the end of the definition of "public facility":

(e) a public computer system, including a computer system used for the operation of a public facility, for the provision of banking services or for other services to the public.

[8] Section 545D Unlawful making or possession of explosives

Omit the section.

[9] Section 545E Possession of dangerous articles other than firearms

Omit the section and insert it (re-numbered as section 93FB) in appropriate order in Part 3B.

[10] Section 357 Searching for and seizing firearms etc

Omit "section 545E" from section 357 (1) (b).
Insert instead "section 93FB".