New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
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.
Omit section 59A (3).
Insert "throws a missile at," after "assaults," in section 60 (1).
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.
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.
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.
Insert "throws a missile at," after "assaults," in section 60A (1).
Omit "imprisonment for 2 years" from section 60B (2).
Insert instead "imprisonment for 5 years".
Omit "imprisonment for 2 years". Insert instead "imprisonment for 5 years".
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.
Insert after Part 3D:
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.
"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.(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.
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.
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.
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.
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.
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.
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.
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.
Insert at the end of the Eleventh Schedule (with appropriate Part and clause numbers):
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.