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Queensland
CRIMINAL LAW
AMENDMENT BILL 1996
Queensland
CRIMINAL LAW AMENDMENT BILL
1996
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF CRIMINAL CODE ACT 1899
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 6 (Civil remedies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--AMENDMENT OF CRIMINAL CODE
5 Code amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 1 (Construction of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Replacement of s 6 (Carnal knowledge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Carnal knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Amendment of s 10 (Accessories after the fact) . . . . . . . . . . . . . . . . . . . . . . 15
9 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10A Interpretation of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 23 (Intention--motive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Amendment of s 28 (Intoxication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 29 (Immature age) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Amendment of s 31 (Justification and excuse--compulsion) . . . . . . . . . . . 17
14 Amendment of s 47 (Unlawful oaths to commit certain crimes) . . . . . . . . . 17
15 Amendment of s 75 (Threatening violence) . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Replacement of s 85 (Obtaining disclosure of secrets relating to
defences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
85 Disclosure of official secrets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Criminal Law Amendment
17 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
123A Perjury--contradictory statements . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Amendment of s 148 (Obstructing officers of courts of justice) . . . . . . . . . 19
19 Replacement of s 194 (False declarations and statements) . . . . . . . . . . . . 19
194 False declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Insertion of new s 195A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
195A Contradictory statements--false statements or declarations . . . . . . 19
21 Replacement of s 208 (Unlawful anal intercourse) . . . . . . . . . . . . . . . . . . . 20
208 Unlawful sodomy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Amendment of s 209 (Attempt to have unlawful anal intercourse) . . . . . . . 21
23 Amendment of s 210 (Indecent treatment of children under 16) . . . . . . . . . 22
24 Amendment of s 211 (Carnal knowledge of animal) . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 213 (Householder permitting abuse of children
on householder's premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Amendment of s 215 (Carnal knowledge of girls under 16) . . . . . . . . . . . . . 24
27 Amendment of s 216 (Abuse of intellectually impaired persons) . . . . . . . . 24
28 Amendment of s 217 (Procuring young person etc. for carnal
knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Amendment of s 218 (Procuring sexual acts by coercion etc.) . . . . . . . . . . 26
30 Amendment of s 219 (Taking child under 16 for immoral purposes) . . . . . 26
31 Replacement of s 221 (Conspiracy to defile) . . . . . . . . . . . . . . . . . . . . . . . . 27
221 Conspiracy to defile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Replacement of s 222 (Incest by man) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
222 Incest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Amendment of s 229B (Maintaining a sexual relationship with a
child under 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Amendment of s 229G (Procuring prostitution) . . . . . . . . . . . . . . . . . . . . . . . 31
35 Amendment of s 233 (Betting houses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Replacement of s 267 (Defence of dwelling) . . . . . . . . . . . . . . . . . . . . . . . . 31
267 Defence of dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Amendment of s 274 (Defence of moveable property against
trespassers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
38 Amendment of s 275 (Defence of moveable property with claim
of right) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Criminal Law Amendment
39 Amendment of s 276 (Defence of moveable property without
claim of right) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Amendment of s 277 (Defence of premises against trespassers
--removal of disorderly persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
41 Amendment of s 278 (Defence of possession of real property or
vessel with claim of right) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Amendment of s 279 (Exercise of right of way or easement) . . . . . . . . . . . 34
43 Amendment of s 280 (Domestic discipline) . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 Amendment of s 281 (Discipline of ship or aircraft) . . . . . . . . . . . . . . . . . . 35
45 Replacement of s 286 (Duty of head of family) . . . . . . . . . . . . . . . . . . . . . . 35
286 Duty of person who has care of child . . . . . . . . . . . . . . . . . . . . . . . . 35
46 Amendment of s 308 (Written threats to murder) . . . . . . . . . . . . . . . . . . . . . 36
47 Amendment of s 313 (Killing unborn child) . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Amendment of s 317 (Acts intended to cause grievous bodily
harm or prevent apprehension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
49 Amendment of s 317A (Taking or sending dangerous goods on aircraft) . . 38
50 Replacement of s 318 (Preventing escape from wreck) . . . . . . . . . . . . . . . . 38
318 Obstructing rescue or escape from unsafe premises . . . . . . . . . . . . . 38
51 Insertion of new s 320A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
320A Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
52 Amendment of s 321 (Attempting to injure by explosive substances) . . . . 39
53 Insertion of new s 321A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
321A Bomb hoaxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Amendment of s 326 (Endangering life of children by exposure) . . . . . . . . 40
55 Amendment of s 328A (Dangerous driving of a motor vehicle) . . . . . . . . . 40
56 Amendment of s 335 (Common assault) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
57 Amendment of s 336 (Assault with intent to have unlawful anal
intercourse) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Amendment of s 337 (Indecent assaults) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Amendment of s 339 (Assaults occasioning bodily harm) . . . . . . . . . . . . . . 44
60 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Amendment of s 346 (Assaults in interference with freedom of
trade or work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62 Amendment of s 347 (Definition of "rape") . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Criminal Law Amendment
63 Replacement of s 364 (Desertion of children) . . . . . . . . . . . . . . . . . . . . . . . 46
364 Cruelty to children under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Amendment of s 390 (Things capable of being stolen) . . . . . . . . . . . . . . . . 46
65 Amendment of s 398 (Punishment of stealing) . . . . . . . . . . . . . . . . . . . . . . . 46
66 Amendment of s 408C (Misappropriation of property) . . . . . . . . . . . . . . . . . 50
67 Insertion of new s 408D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
408D Computer hacking and misuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
68 Amendment of s 412 (Attempted robbery--accompanied by
wounding or in company) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
69 Amendment of s 415 (Demanding property, benefit or
performance of services with threats) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
70 Amendment of s 416 (Attempts at extortion by threats) . . . . . . . . . . . . . . . 54
71 Amendment of s 418 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
72 Replacement of s 419 (Housebreaking--burglary) . . . . . . . . . . . . . . . . . . . . 56
419 Burglary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
73 Replacement of s 421 (Breaking into places and committing
indictable offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
421 Entering or being in premises and committing indictable
offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
74 Amendment of s 425 (Persons found armed etc. with intent to
commit an indictable offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
75 Replacement of ch 40 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
CHAPTER 40--OTHER FRAUDULENT PRACTICES
76 Amendment of s 427A (Obtaining property by passing valueless
cheques) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
77 Amendment of s 433 (Receiving stolen property etc.) . . . . . . . . . . . . . . . . . 58
78 Replacement of s 441 (Fraudulent false accounting) . . . . . . . . . . . . . . . . . . 59
441 Fraudulent falsification of records . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
79 Amendment of s 442B (Receipt or solicitation of secret
commission by an agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
80 Amendment of s 442D (False or misleading receipt or account) . . . . . . . . 60
81 Amendment of s 442E (Secret commission for advice given) . . . . . . . . . . . 60
82 Amendment of s 442F (Secret commission to trustee in return for
substituted appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
5
Criminal Law Amendment
83 Amendment of s 442G (Liability of director etc. acting without
authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
84 Amendment of s 442I (Penalty on conviction) . . . . . . . . . . . . . . . . . . . . . . . 61
85 Amendment of s 458 (Unlawful acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
86 Amendment of s 460 (Damage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
87 Amendment of s 469 (Malicious injuries in general) . . . . . . . . . . . . . . . . . . 61
88 Amendment of s 478 (Sending letters threatening to burn or destroy) . . . . 63
89 Amendment of s 484 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
90 Amendment of s 488 (Punishment of forgery in general) . . . . . . . . . . . . . . . 63
91 Amendment of s 494 (Making documents without authority) . . . . . . . . . . . 64
92 Insertion of new s 501A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
501A Contradictory statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
93 Replacement s 510 (Instruments and materials for forgery) . . . . . . . . . . . . 64
510 Instruments and materials for forgery . . . . . . . . . . . . . . . . . . . . . . . . . 64
94 Amendment of s 514 (Personation in general) . . . . . . . . . . . . . . . . . . . . . . . 65
95 Amendment of s 535 (Attempts to commit offences) . . . . . . . . . . . . . . . . . . 65
96 Insertion of new pt 8, ch 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
552A Charges of indictable offences that must be dealt with
summarily on prosecution election . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
552B Charges of indictable offences that may be dealt with
summarily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
552C Summary hearing of indictable offence must be by magistrate . . . . 68
552D When magistrate must abstain from jurisdiction . . . . . . . . . . . . . . . . 69
522E Charge may be heard and decided where defendant
arrested or served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
522F Time for prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
522G Value of property affecting jurisdiction to be decided by
magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
552I Procedure under section 552B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
552J Appeals against decision to decide charge summarily . . . . . . . . . . . 71
97 Amendment of s 560 (Nature of indictments) . . . . . . . . . . . . . . . . . . . . . . . . 71
98 Amendment of s 563 (Nolle prosequi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
99 Amendment of s 566 (Particular indictments) . . . . . . . . . . . . . . . . . . . . . . . 72
100 Amendment of s 568 (Cases in which several charges may be joined) . . . 73
6
Criminal Law Amendment
101 Amendment of s 569 (Accessories) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
102 Amendment of s 572 (Amendment of indictments) . . . . . . . . . . . . . . . . . . . 75
103 Amendment of s 577 (Charge of homicide of child) . . . . . . . . . . . . . . . . . . 75
104 Amendment of s 578 (Charge of offence of a sexual nature) . . . . . . . . . . . 75
105 Amendment of s 581 (Stealing, false pretences, and cheating) . . . . . . . . . 76
106 Replacement of s 590 (Right to be tried) . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
590 Bringing accused to trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
107 Insertion of new s 590B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
590B Advanced notice of expert evidence . . . . . . . . . . . . . . . . . . . . . . . . . 78
108 Insertion of new s 592A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
592A Pre-trial directions and rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
109 Amendment of s 594 (Accused person to be called upon to plead
to indictment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
110 Amendment of s 597A (Separate trials where 2 or more charges
against the same person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
111 Amendment of s 604 (Trial by jury) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
112 Amendment of s 631A (Plea of guilty during trial) . . . . . . . . . . . . . . . . . . . 81
113 Replacement of s 632 (Accomplices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
632 Corroboration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
114 Amendment of s 636 (Evidence of blood relationship) . . . . . . . . . . . . . . . . 82
115 Amendment of s 639 (Evidence on charges of offences against
customs laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
116 Amendment of s 643 (Intention to defraud) . . . . . . . . . . . . . . . . . . . . . . . . . . 83
117 Insertion of new s 644A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
644A Witness giving incriminating answers . . . . . . . . . . . . . . . . . . . . . . . . 83
118 Insertion of new s 651 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
651 Supreme Court and District Court may decide summary
offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
652 Proceedings to transmit summary charge . . . . . . . . . . . . . . . . . . . . . 85
119 Amendment of s 669A (Appeal by Attorney-General) . . . . . . . . . . . . . . . . . 85
120 Provisions repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
PART 4--OTHER ACTS REPEALED OR AMENDED
121 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
122 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
7
Criminal Law Amendment
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 88
PROVISIONS OF CRIMINAL CODE REPEALED
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 91
OTHER ACTS AMENDED
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 . . . . . . . . . . . . . . . . 91
DISTRICT COURTS ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 96
VAGRANTS, GAMING AND OTHER OFFENCES ACT 1931 . . . . . . . . . 99
1996
A BILL
FOR
An Act to amend the criminal law
s1 10 s4
Criminal Law Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Criminal Law Amendment Act 1996. 4
5
Commencement
Clause 2. (1) Section 1211 commences on the date of assent. 6
(2) This Act, other than section 121, commences on a day to be fixed by 7
proclamation. 8
PART 2--AMENDMENT OF CRIMINAL CODE ACT 9
1899 10
amended 11
Act
Clause 3. This part amends the Criminal Code Act 1899. 12
of s 6 (Civil remedies) 13
Amendment
Clause 4.(1) Section 6, heading before subsection (2)-- 14
omit. 15
(2) Section 6-- 16
insert-- 17
`(1A) A person who suffers loss or injury in, or in connection with, the 18
1 Section 121 (Act repealed)
s5 11 s6
Criminal Law Amendment
commission of an indictable offence of which the person is found guilty has 1
no right of action against another person for the loss or injury. 2
`(1B) Subsection (2) applies whether or a not a conviction is recorded for 3
the offence.'. 4
(3) Section 6(1A) to (2)-- 5
renumber as section 6(2) to (4). 6
PART 3--AMENDMENT OF CRIMINAL CODE 7
amended 8
Code
Clause 5. This part amends the Criminal Code. 9
of s 1 (Construction of terms) 10
Amendment
Clause 6.(1) Section 1, definitions "grievous bodily harm', "mail", "mail 11
conveyance", "Post and Telegraph Department", "Postmaster- 12
General", "post office" and "telegraph office", "property", "telegram" 13
and "thing sent by telegraph", "telegraph", and "thing sent by post"-- 14
omit. 15
(2) Section 1-- 16
insert-- 17
`"benefit" includes property, advantage, service, entertainment, the use of 18
or access to property or facilities, and anything of benefit to a person 19
whether or not it has any inherent or tangible value, purpose or 20
attribute. 21
"carnal knowledge" includes sodomy. 22
"document" includes-- 23
(a) anything on which there is writing; and 24
(b) anything on which there are marks, figures, symbols, codes, 25
perforations or anything else having a meaning for a person 26
s6 12 s6
Criminal Law Amendment
qualified to interpret them; and 1
(c) a record. 2
"forge" a document, means make, alter or deal with the document so that 3
the whole of it or a material part of it-- 4
(a) purports to be what, or of an effect that, in fact it is not; or 5
(b) purports to be made, altered or dealt with by a person who did not 6
make, alter or deal with it or by or for some person who does not, 7
in fact exist; or 8
(c) purports to be made, altered or dealt with by authority of a person 9
who did not give that authority; or 10
(d) otherwise purports to be made, altered or dealt with in 11
circumstances in which it was not made, altered or dealt with. 12
"grievous bodily harm" means-- 13
(a) the loss of a distinct part or an organ of the body; or 14
(b) serious disfigurement; or 15
(c) any bodily injury of such a nature that, if left untreated, would 16
endanger or be likely to endanger life, or cause or be likely to 17
cause permanent injury to health; 18
whether or not treatment is or could have been available. 19
"premises" includes-- 20
(a) a building or structure, or part of a building or structure, of any 21
type; and 22
(b) a group of, or part of a group of, buildings or structures, of any 23
type; and 24
(c) the land or water where a building or structure or a group of 25
buildings or structures is situated; and 26
(d) a vehicle, or a caravan; and 27
(e) a tent, or a cave; and 28
(f) premises in which more than 1 person has ownership. 29
"property" includes-- 30
s6 13 s6
Criminal Law Amendment
(a) every thing animate or inanimate that is capable of being the 1
subject of ownership; and 2
(b) money; and 3
(c) electrical or other energy, gas and water; and 4
(d) a plant; and 5
(e) an animal that is-- 6
(i) a tame animal, whether or not naturally tame; or 7
(ii) an untamed animal of a type that, if kept, is usually kept 8
confined; or 9
(iii) an untamed animal in a person's possession or being 10
pursued for return to possession after escape; and 11
(f) a thing produced by an animal mentioned in paragraph (e); and 12
(g) any other property real or personal, legal or equitable, including 13
things in action and other intangible property. 14
"public officer" means a person other than a judicial officer, whether or not 15
the person is remunerated-- 16
(a) discharging a duty imposed under an Act or of a public nature; or 17
(b) holding office under or employed by the Crown; 18
and includes, whether or not the person is remunerated-- 19
(c) a person employed to execute any process of a court; and 20
(d) a public service employee; and 21
(e) a person appointed or employed under any of the following 22
Acts-- 23
(i) the Police Service Administration Act 1990; 24
(ii) the Transport Infrastructure Act 1994; 25
(iii) the Law Courts and State Buildings Protective Security Act 26
1983; and 27
(f) a member, officer, or employee of an authority, board, 28
corporation, commission, local government, council, committee 29
s6 14 s6
Criminal Law Amendment
or other similar body established for a public purpose under an 1
Act. 2
"record" means any thing or process-- 3
(a) on or by which information is recorded or stored; or 4
(b) by means of which sounds, images, writings, messages or 5
anything else having meaning can be conveyed in any way in a 6
visible or recoverable form; 7
even if the use or assistance of some electronic, electrical, mechanical, 8
chemical or other device or process is required to recover or convey 9
the information or meaning. 10
"serious disease" means a disease that would, if left untreated, be of such a 11
nature as to-- 12
(a) cause or be likely to cause any loss of a distinct part or organ of 13
the body; or 14
(b) cause or be likely to cause serious disfigurement; or 15
(c) endanger or be likely to endanger life, or to cause or be likely to 16
cause permanent injury to health; 17
whether or not treatment is or could have been available. 18
"vehicle" includes-- 19
(a) a motor vehicle, motor cycle, train, aircraft, or vessel; or 20
(b) anything else used or to be used to carry persons or goods from 21
place to place. 22
"woman" includes any female. 23
"writing" includes any way of representing or reproducing in a visible 24
form any word, inscription, signature or other mark.'. 25
(3) Section 1, definition "dwelling house", `house'-- 26
omit. 27
(4) Section 1, definition "have in possession", `have in'-- 28
omit. 29
(5) Section 1, definition "person employed in the public service", 30
s7 15 s9
Criminal Law Amendment
`officers and persons of the Defence Force and'-- 1
omit. 2
of s 6 (Carnal knowledge) 3
Replacement
Clause 7. Section 6-- 4
omit, insert-- 5
knowledge 6
`Carnal
`6. If "carnal knowledge" is used in defining an offence, the offence, so 7
far as regards that element of it, is complete on penetration to any extent.'. 8
of s 10 (Accessories after the fact) 9
Amendment
Clause 8. Section 10(2) and (3)-- 10
omit. 11
of new s 10A 12
Insertion
Clause 9. After section 10-- 13
insert-- 14
of ch 2 15
`Interpretation
`10A.(1) Under section 72, a person's criminal responsibility extends to 16
any offence that, on the evidence admissible against him or her, is either the 17
offence proved against the person who did the act or made the omission that 18
constitutes that offence or any statutory or other alternative to that offence. 19
`(2) Under section 8 3, a person's criminal responsibility extends to any 20
offence that, on the evidence admissible against him or her, is a probable 21
consequence of the prosecution of a common intention to prosecute an 22
unlawful purpose, regardless of what offence is proved against any other 23
party to the common intention. 24
`(3) This section does not limit any other provision of this chapter.'. 25
2 Section 7 (Principle offenders)
3 Section 8 (Offenders committed in prosecution of common purpose)
s 10 16 s 12
Criminal Law Amendment
of s 23 (Intention--motive) 1
Amendment
Clause 10. Section 23(1), from `for an act'-- 2
omit, insert-- 3
`for-- 4
(a) an act or omission that occurs independently of the exercise of the 5
person's will; or 6
(b) an event that occurs by accident. 7
`(1A) However, under subsection (1)(b), the person is not excused from 8
criminal responsibility for death or grievous bodily harm that results to a 9
victim because of a defect, weakness, or abnormality even though the 10
offender does not intend or foresee or cannot reasonably foresee the death 11
or grievous bodily harm.'. 12
of s 28 (Intoxication) 13
Amendment
Clause 11.(1) Section 28(1), `the person's'-- 14
omit, insert-- 15
`his or her'. 16
(2) Section 28(2), after `who has'-- 17
insert-- 18
`, to any extent'. 19
(3) Section 28(2), after `offence or not'-- 20
insert-- 21
`and whether his or her mind is disordered by the intoxication alone or in 22
combination with some other agent.'. 23
of s 29 (Immature age) 24
Amendment
Clause 12. Section 29(2), `15'-- 25
omit, insert-- 26
`14'. 27
s 13 17 s 15
Criminal Law Amendment
of s 31 (Justification and excuse--compulsion) 1
Amendment
Clause 13.(1) Section 31(1)(b), `the person'-- 2
omit, insert-- 3
`he or she'. 4
(2) Section 31(1)(d)-- 5
omit, insert-- 6
`(d) when he or she does or omits to do the act in order to save 7
himself or herself or another person from immediate death or 8
grievous bodily harm threatened to be inflicted on him or her or 9
the other person by some person in a position to execute the 10
threats, and believing himself or herself or the other person to be 11
unable otherwise to escape the carrying of the threats into 12
execution.'. 13
(3) Section 31(2), `treason or'-- 14
omit. 15
of s 47 (Unlawful oaths to commit certain crimes) 16
Amendment
Clause 14. Section 47(a), `treason or'-- 17
omit. 18
of s 75 (Threatening violence) 19
Amendment
Clause 15.(1) Section 75(1)-- 20
omit, insert-- 21
`75.(1) Any person who-- 22
(a) with intent to intimidate or annoy any person, by words or 23
conduct threatens to enter or damage a dwelling or other 24
premises; or 25
(b) with intent to alarm any person, discharges loaded firearms or 26
does any other act that is likely to cause any person in the vicinity 27
to fear bodily harm to any person or damage to property; 28
commits a crime. 29
s 16 18 s 17
Criminal Law Amendment
Maximum penalty--2 years imprisonment.'. 1
(2) Section 75(2), `2 years'-- 2
omit, insert-- 3
`5 years'. 4
of s 85 (Obtaining disclosure of secrets relating to 5
Replacement
defences) 6
Clause 16. Section 85-- 7
omit, insert-- 8
of official secrets 9
`Disclosure
`85. A person who is or has been employed as a public officer who 10
unlawfully publishes or communicates any information that comes or came 11
to his or her knowledge, or any document that comes or came into his or 12
her possession, by virtue of the person's office, and that it is or was his or 13
her duty to keep secret, commits a misdemeanour. 14
Maximum penalty--2 years imprisonment.'. 15
of new s 123A 16
Insertion
Clause 17. After section 123-- 17
insert-- 18
statements 19
`Perjury--contradictory
`123A. If, on the trial of a person for perjury, the jury is satisfied that-- 20
(a) the accused has made 2 statements on oath or under another 21
sanction authorised by law, 1 of which is irreconcilably in conflict 22
with the other; and 23
(b) the accused made 1 of the statements knowing it to be false; 24
but the jury is unable to say which statement was falsely made, the jury 25
may make a special finding to that effect and find the accused guilty of 26
perjury.'. 27
s 18 19 s 20
Criminal Law Amendment
of s 148 (Obstructing officers of courts of justice) 1
Amendment
Clause 18. Section 148(2)-- 2
omit. 3
of s 194 (False declarations and statements) 4
Replacement
Clause 19. Section 194-- 5
omit, insert-- 6
declarations 7
`False
`194.(1) A person who makes a declaration that the person knows is 8
false in a material particular, whether or not the person is permitted or 9
required by law to make the declaration, before a person authorised by law 10
to take or receive declarations, commits a misdemeanour. 11
Maximum penalty--3 years imprisonment. 12
(2) In this section-- 13
"declaration" includes a statement and an affidavit.'. 14
of new s 195A 15
Insertion
Clause 20. After section 195-- 16
insert-- 17
statements--false statements or declarations 18
`Contradictory
`195A. If, on the trial of a person for an offence defined in section 193 or 19
1944, the jury is satisfied that-- 20
(a) the accused has made 2 statements or declarations and 1 is 21
irreconcilably in conflict with the other; and 22
(b) the accused made 1 of the statements or declarations knowing it 23
to be false; 24
but the jury is unable to say which statement or declaration was falsely 25
4 Section 193 (False statements in statements required to be under oath or solemn
declaration) or 194 (False declarations)
s 21 20 s 21
Criminal Law Amendment
made, the jury may make a special finding to that effect and find the 1
accused guilty of the offence.'. 2
of s 208 (Unlawful anal intercourse) 3
Replacement
Clause 21. Section 208-- 4
omit, insert-- 5
sodomy 6
`Unlawful
`208. (1) Any person who-- 7
(a) sodomises a person under 18 years; or 8
(b) permits a male person under 18 years to sodomise him or her; or 9
(c) sodomises an intellectually impaired person; or 10
(d) permits an intellectually impaired person to sodomise him or her; 11
commits a crime. 12
Maximum penalty--14 years imprisonment 13
`(2) The offender is liable to imprisonment for life if the offence is 14
committed in respect of-- 15
(a) a child under 12 years; or 16
(b) a child, or an intellectually impaired person, who is to the 17
knowledge of the offender-- 18
(i) his or her lineal descendant; or 19
(ii) under his or her guardianship or care. 20
`(3) For an offence defined in subsection (1)(a) or (b) alleged to have 21
been committed in respect of a child who is 12 years or more, it is a defence 22
to prove that the accused person believed, on reasonable grounds, that the 23
person in respect of whom the offence was committed was 18 years or 24
more. 25
`(4) It is a defence to a charge of an offence defined in subsection (1)(c) 26
or (d) to prove-- 27
(a) that the accused person believed on reasonable grounds that the 28
person was not an intellectually impaired person; or 29
s 22 21 s 22
Criminal Law Amendment
(b) that the act that was the offence did not, in the circumstances, 1
constitute sexual exploitation of the intellectually impaired 2
person.'. 3
of s 209 (Attempt to have unlawful anal intercourse) 4
Amendment
Clause 22.(1) Section 209, heading-- 5
omit, insert-- 6
`Attempted sodomy'. 7
(2) Section 209(1), `3 years'-- 8
omit, insert-- 9
`7 years'. 10
(3) Section 209(2) to (5)-- 11
omit, insert-- 12
`(2) The offender is liable to imprisonment for 14 years if the offence is 13
committed in respect of-- 14
(a) a child under 12 years; or 15
(b) a child, or an intellectually impaired person, who is to the 16
knowledge of the offender-- 17
(i) his or her lineal descendant; or 18
(ii) under his or her guardianship or care. 19
`(3) It is a defence to a charge of attempting to commit an offence 20
defined in section 208(1)(a) or (b) in respect of a child who is 12 years or 21
more to prove that the accused person believed, on reasonable grounds, that 22
the child was of or above 18 years. 23
`(4) It is a defence to a charge of attempting to commit an offence 24
defined in section 208(1)(c) or (d) to prove-- 25
(a) that the accused person believed on reasonable grounds that the 26
person in respect of whom the offence was committed was not an 27
intellectually impaired person; or 28
(b) that the act that was the offence did not, in the circumstances, 29
s 23 22 s 24
Criminal Law Amendment
constitute sexual exploitation of the intellectually impaired 1
person.'. 2
of s 210 (Indecent treatment of children under 16) 3
Amendment
Clause 23.(1) Section 210(2), `misdemeanour'-- 4
omit, insert-- 5
`crime'. 6
(2) Section 210(2), `5 years'-- 7
omit, insert-- 8
`10 years'. 9
(3) Section 210(3), `10 years'-- 10
omit, insert-- 11
`14 years'. 12
(4) Section 210(4), `the offender's'-- 13
omit, insert-- 14
`his or her'. 15
(5) Section 210(4), `10 years'-- 16
omit, insert-- 17
`14 years'. 18
(6) Section 210(6)-- 19
omit. 20
(7) Section 210(7)-- 21
renumber as section 210(6). 22
of s 211 (Carnal knowledge of animal) 23
Amendment
Clause 24.(1) Section 211, heading-- 24
omit, insert-- 25
`Bestiality'. 26
s 25 23 s 25
Criminal Law Amendment
(2) Section 211, after `knowledge'-- 1
insert-- 2
`with or'. 3
of s 213 (Householder permitting abuse of children on 4
Amendment
householder's premises) 5
Clause 25.(1) Section 213, heading-- 6
omit, insert-- 7
`Owner etc. permitting abuse of children on premises'. 8
(2) Section 213(1), ` the age of 16 years'-- 9
omit, insert-- 10
`the prescribed age'. 11
(3) Section 213(2), `misdemeanour'-- 12
omit, insert-- 13
`crime'. 14
(4) Section 213(2), `5 years'-- 15
omit, insert-- 16
`10 years'. 17
(5) Section 213(3)(b), `10 years'-- 18
omit, insert-- 19
`14 years' 20
(6) Section 213(4)-- 21
omit, insert-- 22
`(4) If the proscribed act is one defined to constitute an offence in 23
section 2085 and the child is of or above 12 years, it is a defence to prove 24
that the accused person believed, on reasonable grounds, that the child was 25
of or above 18 years. 26
5 Section 108 (Unlawful sodomy)
s 26 24 s 27
Criminal Law Amendment
`(5) If the proscribed act is one defined to constitute an offence in 1
section 210 or 215 6 and the child is of or above 12 years, it is a defence to 2
prove that the accused person believed, on reasonable grounds, that the child 3
was of or above 16 years. 4
`(6) In this section-- 5
"prescribed age" means-- 6
(a) for an offence defined in section 208--18 years; 7
(b) for an offence defined in section 210 or 215--16 years.'. 8
of s 215 (Carnal knowledge of girls under 16) 9
Amendment
Clause 26.(1) Section 215(2), `misdemeanour'-- 10
omit, insert-- 11
`crime'. 12
(2) Section 215(2), `5 years'-- 13
omit, insert-- 14
`14 years'. 15
(3) Section 215(3), `10 years'-- 16
omit, insert-- 17
`14 years'. 18
(4) Section 215(6) and (7)-- 19
omit, insert-- 20
`(6) In this section-- 21
"carnal knowledge" does not include sodomy.'. 22
of s 216 (Abuse of intellectually impaired persons) 23
Amendment
Clause 27.(1) Section 216(1), `subsection (3)'-- 24
6 Section 210 (Indecent treatment of children under 16) or 215 (Carnal knowledge
of girls under 16)
s 27 25 s 27
Criminal Law Amendment
omit, insert-- 1
`subsection (3)(a) and (b)'. 2
(2) Section 216(1), `misdemeanour'-- 3
omit, insert-- 4
`crime'. 5
(3) Section 216(1), `5 years'-- 6
omit, insert-- 7
`14 years'. 8
(4) Section 216(2), after `subsection (3)'-- 9
insert-- 10
`(c)'. 11
(5) Section 216(2), `misdemeanour'-- 12
omit, insert-- 13
`crime'. 14
(6) Section 216(2), `3 years'-- 15
omit, insert-- 16
`10 years'. 17
(7) Section 216(3)(b), `14 years'-- 18
omit, insert-- 19
`life'. 20
(8) Section 216(3)(c), `10 years'-- 21
omit, insert-- 22
`14 years'. 23
(9) Section 216(3A), `10 years'-- 24
omit, insert-- 25
`14 years'. 26
(10) Section 216(5) and (6)-- 27
s 28 26 s 30
Criminal Law Amendment
omit, insert-- 1
`(5) In this section-- 2
"carnal knowledge" does not include sodomy. 3
"deals with" includes doing any act that, if done without consent, would 4
constitute an assault.'. 5
of s 217 (Procuring young person etc. for carnal 6
Amendment
knowledge 7
Clause 28.(1) Section 217(2)-- 8
omit. 9
(2) Section 217(3), definition "carnal knowledge"-- 10
omit. 11
(3) Section 217(3)-- 12
renumber as section 217(2). 13
of s 218 (Procuring sexual acts by coercion etc.) 14
Amendment
Clause 29.(1) Section 218(1), `7 years'-- 15
omit, insert-- 16
`14 years'. 17
(2) Section 218(2) and (3)-- 18
omit, insert-- 19
`(2) In this section-- 20
"procure" means knowingly entice or recruit for the purposes of sexual 21
exploitation.'. 22
of s 219 (Taking child under 16 for immoral purposes) 23
Amendment
Clause 30.(1) Section 219, heading, `under 16'-- 24
omit. 25
(2) Section 219(1), `who is under the age of 16 years'-- 26
s 31 27 s 31
Criminal Law Amendment
omit, insert-- 1
` who is under the prescribed age'. 2
(3) Section 219(2), `5 years'-- 3
omit, insert-- 4
`10 years'. 5
(4) Section 219(3)(b), `10 years'-- 6
omit, insert-- 7
`14 years'. 8
(5) Section 219(4)-- 9
omit, insert-- 10
`(4) If the proscribed act is one defined to constitute an offence defined in 11
section 2087 and the child is of or above 12 years, it is a defence to prove 12
that the accused person believed, on reasonable grounds, the child was of or 13
above 18 years. 14
`(5) If the proscribed act is one defined to constitute an offence defined in 15
section 210 or 215 8 and the child is of or above 12 years, it is a defence to 16
prove that the accused person believed, on reasonable grounds, the child 17
was of or above 16 years. 18
`(6) In this section (1)-- 19
"prescribed age" means-- 20
(a) for an offence defined in section 208--18 years; 21
(b) for an offence defined in section 210 or 215--16 years.'. 22
of s 221 (Conspiracy to defile) 23
Replacement
Clause 31. Section 221-- 24
omit, insert-- 25
7 Section 208 (Unlawful sodomy)
8 Section 210 (Indecent treatment of children under 16) or 215 (Carnal knowledge
of girls under 16)
s 32 28 s 32
Criminal Law Amendment
to defile 1
`Conspiracy
`221. Any person who conspires with another to induce any person, by 2
any false pretence or other fraudulent means, to permit any person to have 3
unlawful carnal knowledge with or of him or her commits a crime. 4
Maximum penalty--10 years imprisonment.'. 5
of s 222 (Incest by man) 6
Replacement
Clause 32. Section 222-- 7
omit, insert-- 8
9
`Incest
`222.(1) Any person who-- 10
(a) has carnal knowledge with or of the person's offspring or other 11
lineal descendant, or sibling, parent, grandparent, uncle, aunt, 12
nephew or niece; and 13
(b) knows that the other person bears that relationship to him or her, 14
or some relationship of that type to him or her; 15
commits a crime. 16
Maximum penalty--imprisonment for life. 17
`(2) Any person who attempts to commit the crime of incest is liable to 18
imprisonment for 10 years. 19
`(3) It is immaterial that the act or attempted act of carnal knowledge 20
happened with the consent of either person. 21
`(4) It is a defence to a charge under this section to prove that the accused 22
person was, at the time when the act or attempted act of carnal knowledge 23
happened, acting under the coercion of the other person. 24
`(5) A reference in this section to an offspring or other lineal descendant, 25
or a sibling or a parent includes a relationship of that type that is a half, 26
adoptive or step relationship. 27
`(6) For subsection (5), a reference to a step relationship includes a 28
relationship corresponding to a step relationship arising because of 29
cohabitation in a de facto relationship or because of a foster relationship or a 30
legal arrangement.'. 31
s 33 29 s 33
Criminal Law Amendment
of s 229B (Maintaining a sexual relationship with a child 1
Amendment
under 16) 2
Clause 33.(1) Section 229B, heading, `under 16'-- 3
omit. 4
(2) Section 229B(1), `the age of 16 years'-- 5
omit, insert-- 6
`the prescribed age'. 7
(3) Section 229B(1), `7 years'-- 8
omit, insert-- 9
`14 years'. 10
(4) Section 229B(1A), `offender', first mention-- 11
omit, insert-- 12
`accused person'. 13
(5) Section 229B(1A), `the offender maintained'-- 14
omit, insert-- 15
`he or she maintained'. 16
(6) Section 229B(1B)-- 17
omit. 18
(7) Section 229B(1D)-- 19
omit, insert-- 20
`(1D) If-- 21
(a) the offence of a sexual nature mentioned in subsection (2) is 22
alleged to have been committed in respect of a child of or above 23
12 years; and 24
(b) the offence is defined under section 208 or 2099; 25
it is a defence to prove that the accused person believed throughout the 26
relationship, on reasonable grounds, that the child was of or above 18 years. 27
9 Section 208 (Unlawful sodomy) or 209 (Attempted sodomy)
s 33 30 s 33
Criminal Law Amendment
`(1E) If-- 1
(a) the offence of a sexual nature mentioned in subsection (2) is 2
alleged to have been committed in respect of a child of or above 3
12 years; and 4
(b) the offence is one other than one defined under section 208 or 5
209; 6
it is a defence to prove that the accused person believed throughout the 7
relationship, on reasonable grounds, that the child was of or above 16 8
years.'. 9
(8) Section 229B(2), `subsection (1)'-- 10
omit, insert-- 11
`this section'. 12
(9) Section 229B(2), `committed by the person'-- 13
omit, insert-- 14
`committed by him or her'. 15
(10) Section 229B(2), `and the person'-- 16
omit, insert-- 17
`and he or she'. 18
(11) Section 229B(3), `subsection (1)'-- 19
omit, insert-- 20
`this section'. 21
(12) Section 229B(1A) to (3)-- 22
renumber as section 229B(2) to (8). 23
(13) Section 229B-- 24
insert-- 25
`(9) In this section-- 26
"prescribed age" means-- 27
(a) to the extent that the relationship involves an act defined to 28
constitute an offence in section 208 or 209--18 years; or 29
s 34 31 s 37
Criminal Law Amendment
(b) to the extent that the relationship involves any other act defined to 1
constitute an offence of a sexual nature--16 years.'. 2
of s 229G (Procuring prostitution) 3
Amendment
Clause 34.(1) Section 229G(3)-- 4
omit. 5
(2) Section 229G(4)-- 6
renumber as section 229G(3). 7
of s 233 (Betting houses) 8
Amendment
Clause 35. Section 233(1B)-- 9
omit. 10
of s 267 (Defence of dwelling) 11
Replacement
Clause 36. Section 267-- 12
omit, insert-- 13
of dwelling 14
`Defence
`267. It is lawful for a person who is in peaceable possession of a 15
dwelling, and any person lawfully assisting him or her or acting by his or 16
her authority, to use force to prevent or repel another person from 17
unlawfully entering or remaining in the dwelling, if the person using the 18
force believes on reasonable grounds-- 19
(a) the other person is attempting to enter or to remain in the dwelling 20
with intent to commit an indictable offence in the dwelling; and 21
(b) it is necessary to use that force.'. 22
of s 274 (Defence of moveable property against 23
Amendment
trespassers) 24
Clause 37.(1) Section 274, after `and for any person'-- 25
insert-- 26
s 38 32 s 39
Criminal Law Amendment
`lawfully assisting him or her or'. 1
(2) Section 274, `the person's'-- 2
omit, insert-- 3
`his or her'. 4
(3) Section 274, after `does not do'-- 5
insert-- 6
`grievous'. 7
of s 275 (Defence of moveable property with claim of 8
Amendment
right) 9
Clause 38.(1) Section 275, after `and for any person'-- 10
insert-- 11
`lawfully assisting him or her or'. 12
(2) Section 275, `the person's', first mention-- 13
omit, insert-- 14
`his or her'. 15
(3) Section 275, `the person', 2nd mention-- 16
omit, insert-- 17
`he or she'. 18
(4) Section 275, after `does not do'-- 19
insert-- 20
`grievous'. 21
of s 276 (Defence of moveable property without claim of 22
Amendment
right) 23
Clause 39.(1) Section 276, `from a'-- 24
omit, insert-- 25
`from another'. 26
s 40 33 s 40
Criminal Law Amendment
(2) Section 276, `resists the person'-- 1
omit, insert-- 2
`resists him or her'. 3
(3) Section 276, `force'-- 4
omit, insert-- 5
`the force that is reasonably necessary'. 6
(4) Section 276, `the person does not do'-- 7
omit, insert-- 8
`he or she does not do grievous'. 9
of s 277 (Defence of premises against trespassers 10
Amendment
--removal of disorderly persons) 11
Clause 40.(1) Section 277(1), after `and for any person'-- 12
insert-- 13
`lawfully assisting him or her or'. 14
(2) Section 277(1), `the person's'-- 15
omit, insert-- 16
`his or her'. 17
(3) Section 277(1), `the person does not do'-- 18
omit, insert-- 19
`he or she does not do grievous'. 20
(4) Section 277(2), `the person's'-- 21
omit, insert-- 22
`his or her'. 23
(5) Section 277(2), `force'-- 24
omit, insert-- 25
`the force that is reasonably necessary'. 26
(6) Section 277(2), from `the person does not do'-- 27
s 41 34 s 42
Criminal Law Amendment
omit, insert-- 1
`he or she does not do the person grievous bodily harm'. 2
of s 278 (Defence of possession of real property or vessel 3
Amendment
with claim of right) 4
Clause 41.(1) Section 278, after `and for any person'-- 5
insert-- 6
`lawfully assisting him or her or'. 7
(2) Section 278, `the person's'-- 8
omit, insert-- 9
`his or her'. 10
(3) Section 278, `the person does not do'-- 11
omit, insert-- 12
`he or she does not do grievous'. 13
of s 279 (Exercise of right of way or easement) 14
Amendment
Clause 42.(1) Section 279, `the person's', first mention-- 15
omit. 16
(2) Section 279, after `and for any person'-- 17
insert-- 18
`lawfully assisting him or her or'. 19
(3) Section 279, `the person's', 2nd mention-- 20
omit, insert-- 21
`his or her'. 22
(4) Section 279, `the person does not do the person entering'-- 23
omit, insert-- 24
`he or she does not do the person entering grievous'. 25
s 43 35 s 45
Criminal Law Amendment
of s 280 (Domestic discipline) 1
Amendment
Clause 43.(1) Section 280, after `correction'-- 2
insert-- 3
`, discipline, management or control'. 4
(2) Section 280, `child, pupil or apprentice'-- 5
omit, insert-- 6
`child or pupil'. 7
of s 281 (Discipline of ship or aircraft) 8
Amendment
Clause 44.(1) Section 281, heading, `ship or aircraft'-- 9
omit, insert-- 10
`vehicle'. 11
(2) Section 281, from `the master' to `himself or herself'-- 12
omit, insert-- 13
`a person in charge of a vehicle on a journey'. 14
(3) Section 281, `the person's'-- 15
omit, insert-- 16
`his or her'. 17
(4) Section 281, `vessel or aircraft'-- 18
omit, insert-- 19
`vehicle'. 20
of s 286 (Duty of head of family) 21
Replacement
Clause 45. Section 286-- 22
omit, insert-- 23
`Duty of person who has care of child 24
`286.(1) It is the duty of every person who has care of a child under 16 25
years to-- 26
s 46 36 s 47
Criminal Law Amendment
(a) provide the necessaries of life for the child; and 1
(b) take the precautions that are reasonable in all the circumstances to 2
avoid danger to the child's life, health or safety; and 3
(c) take the action that is reasonable in all the circumstances to 4
remove the child from any such danger; 5
and he or she is held to have caused any consequences that result to the life 6
and health of the child because of any omission to perform that duty, 7
whether the child is helpless or not. 8
`(2) In this section-- 9
"person who has care of a child" includes a parent, foster parent, step 10
parent, guardian or other adult in charge of the child, whether or not the 11
person has lawful custody of the child.'. 12
of s 308 (Written threats to murder) 13
Amendment
Clause 46.(1) Section 308, heading-- 14
omit, insert-- 15
`Threats to murder in document'. 16
(2) Section 308, `writing'-- 17
omit, insert-- 18
`document'. 19
of s 313 (Killing unborn child) 20
Amendment
Clause 47.(1) Section 313, `woman'-- 21
omit, insert-- 22
`female'. 23
(2) Section 313-- 24
insert-- 25
`(2) Any person who, unlawfully assaults a female pregnant with a child 26
capable of being born alive and destroys the life of, or does grievous bodily 27
harm to, or transmits a serious disease to, the child before its birth, commits 28
s 48 37 s 48
Criminal Law Amendment
a crime. 1
Maximum penalty--imprisonment for life. 2
`(3) For this section, evidence that demonstrates on the balance of 3
probabilities that a female had at any material time been pregnant for a 4
period of 24 weeks or more is proof that the child with which she was at 5
that time pregnant was then capable of being born alive.'. 6
of s 317 (Acts intended to cause grievous bodily harm or 7
Amendment
prevent apprehension) 8
Clause 48.(1) Section 317, heading, `or prevent apprehension'-- 9
omit, insert-- 10
`and other malicious acts'. 11
(2) Section 317(c) to (g)-- 12
renumber as section 317(g) to (k) 13
(3) Section 317, words before paragraph (g), as renumbered-- 14
omit, insert-- 15
`317. Any person who, with intent-- 16
(a) to maim, disfigure or disable, any person; or 17
(b) to do some grievous bodily harm or transmit a serious disease to 18
any person; or 19
(c) to resist or prevent the lawful arrest or detention of any person; or 20
(d) to resist or prevent a public officer from acting in accordance with 21
lawful authority-- 22
either-- 23
(e) in any way unlawfully wounds, does grievous bodily harm, or 24
transmits a serious disease to, any person; or 25
(f) unlawfully strikes, or attempts in any way to strike, any person 26
with any kind of projectile or anything else capable of achieving 27
the intention; or'. 28
s 49 38 s 50
Criminal Law Amendment
of s 317A (Taking or sending dangerous goods on 1
Amendment
aircraft) 2
Clause 49.(1) Section 317A, heading-- 3
omit, insert-- 4
`Carrying or sending dangerous goods in a vehicle'. 5
(2) Section 317A(1), `on board an aircraft'-- 6
omit, insert-- 7
`in or on a vehicle'. 8
(3) Section 317A(1)(c), `the person's'-- 9
omit, insert-- 10
`his or her'. 11
(4) Section 317A(1), `7 years'-- 12
omit, insert-- 13
`14 years'. 14
(5) Section 317A(2), from `that the act' to `concerned or'-- 15
omit. 16
(6) Section 317A(3), definition "dangerous goods", paragraph (b)-- 17
omit, insert-- 18
`(b) an explosive or noxious substance, acid or other thing of a 19
dangerous or destructive nature that because of its nature or 20
condition may endanger the safety of a vehicle, a person in, on or 21
in the vicinity of the vehicle.'. 22
of s 318 (Preventing escape from wreck) 23
Replacement
Clause 50.(1) Section 318-- 24
omit, insert-- 25
rescue or escape from unsafe premises 26
`Obstructing
`318.(1) Any person who unlawfully obstructs anyone in the other 27
person's efforts to save the life of someone who is in, or escaping from, 28
s 51 39 s 53
Criminal Law Amendment
dangerous, destroyed or other unsafe premises commits a crime. 1
Maximum penalty--imprisonment for life. 2
(2) In this section-- 3
"obstruct" includes hinder and attempt to obstruct'. 4
of new s 320A 5
Insertion
Clause 51. After section 320-- 6
insert-- 7
8
`Torture
`320A.(1) A person who tortures another person commits a crime. 9
Maximum penalty--14 years imprisonment. 10
`(2) In this section-- 11
"torture" means the intentional infliction of severe pain or suffering on a 12
person by an act or series of acts done on 1 or more than 1 occasion. 13
"pain or suffering" includes physical, mental, psychological or emotional 14
pain or suffering, whether temporary or permanent.'. 15
of s 321 (Attempting to injure by explosive substances) 16
Amendment
Clause 52.(1) Section 321, heading, after `explosive'-- 17
insert-- 18
`or noxious'. 19
(2) Section 321, after `explosive'-- 20
insert-- 21
`or noxious'. 22
of new s 321A 23
Insertion
Clause 53. After section 321-- 24
insert-- 25
s 54 40 s 55
Criminal Law Amendment
hoaxes 1
`Bomb
`321A.(1) Any person who-- 2
(a) places an article or substance in any place; or 3
(b) sends an article or substance in any way; 4
with the intention of inducing in another person a belief that the article or 5
substance is likely to explode, ignite, or discharge a dangerous or noxious 6
substance, commits a crime. 7
Maximum penalty--7 years imprisonment. 8
`(2) Any person who, in Queensland or elsewhere, makes a statement or 9
conveys information to another person that he or she knows or believes to 10
be false, with the intention of inducing in that person or another person a 11
belief that an explosive or noxious substance, acid or other thing of a 12
dangerous or destructive nature is present in a place in Queensland, 13
commits a crime. 14
Maximum penalty--5 years imprisonment. 15
`(3) Subsections (1) and (2) apply whether or not the accused had any 16
particular person in mind as the person in whom he or she intended to 17
induce the belief mentioned in the subsections.'. 18
of s 326 (Endangering life of children by exposure) 19
Amendment
Clause 54.(1) Section 326, `2 years'-- 20
omit, insert-- 21
`7 years'. 22
(2) Section 326, `misdemeanour'-- 23
omit, insert-- 24
`crime'. 25
of s 328A (Dangerous driving of a motor vehicle) 26
Amendment
Clause 55.(1) Section 328A, heading-- 27
omit, insert-- 28
s 55 41 s 55
Criminal Law Amendment
`Dangerous operation of a vehicle'. 1
(2) Section 328A(1)-- 2
omit, insert-- 3
`328A.(1) A person who operates, or in any way interferes with the 4
operation of, a vehicle dangerously in any place commits a misdemeanour. 5
Maximum penalty--200 penalty units or 3 years imprisonment.'. 6
(2) Section 328A(2)(b), `under this section'-- 7
omit, insert-- 8
`of an offence against this section'. 9
(3) Section 328A(2), all words after `the person'-- 10
omit, insert-- 11
`commits a crime.'. 12
(4) Section 328A(2), at the end-- 13
insert-- 14
`Maximum penalty--400 penalty units or 5 years imprisonment'. 15
(5) Section 328A(4), `If the offender'-- 16
omit, insert-- 17
`A person who operates, or in any way interferes with the operation of, a 18
vehicle dangerously in any place and'. 19
(7) Section 328A(4), `person the offender is liable'-- 20
omit, insert-- 21
`person commits a crime and is liable'. 22
(8) Section 328A(4), `in which case the offender'-- 23
omit, insert-- 24
`in which case he or she'. 25
(9) Section 328A(5)-- 26
omit, insert-- 27
`(5) In this section-- 28
s 56 42 s 56
Criminal Law Amendment
"operates, or in any way interferes with the operation of, a vehicle 1
dangerously" means operate, or in any way interfere with the 2
operation of, a vehicle at a speed or in a way that is dangerous to the 3
public, having regard to all the circumstances, including-- 4
(a) the nature, condition and use of the place; and 5
(b) the nature and condition of the vehicle; and 6
(c) the number of persons, vehicles or other objects that are, or might 7
reasonably be expected to be, in the place; and 8
(d) the concentration of alcohol in the operator's blood; and 9
(e) the presence of any other substance in the operator's body. 10
"prescribed offence" means-- 11
(a) an offence against this section; or 12
(b) an offence charged on indictment involving the driving or 13
operation of a vehicle at a speed causing or likely to cause injury 14
to anyone; or 15
(c) an offence against the Traffic Act 1949, section 16(1),(2), (2A), 16
(2B) or (2D).10 17
"place" does not include a place being used to race or test vehicles and 18
from which other traffic is excluded at the time.' 19
"the public" includes passengers in a vehicle whether in a public or private 20
place.'. 21
of s 335 (Common assault) 22
Amendment
Clause 56. Section 335, `1 year'-- 23
omit, insert-- 24
`3 years'. 25
10 Traffic Act 1949, section 16 (Driving etc. whilst under the influence of liquor or
drugs or with prescribed concentration of alcohol in blood)
s 57 43 s 58
Criminal Law Amendment
of s 336 (Assault with intent to have unlawful anal 1
Amendment
intercourse) 2
Clause 57.(1) Section 336, heading-- 3
omit, insert-- 4
`Assault with intent to commit rape'. 5
(2) Section 336, all words from `have carnal ' to `intercourse-- 6
omit, insert-- 7
`commit rape'. 8
of s 337 (Indecent assaults) 9
Amendment
Clause 58.(1) Section 337, heading, `Indecent'-- 10
omit, insert-- 11
`Sexual'. 12
(2) Section 337(1), `7 years'-- 13
omit, insert-- 14
`10 years'. 15
(3) Section 337(1)(a), after `another'-- 16
insert-- 17
`person'. 18
(4) Section 337(3)-- 19
renumber as section 337(4). 20
(5) Section 337(2)-- 21
omit, insert-- 22
`(2) If immediately before, during, or immediately after the offence, the 23
offender is, or pretends to be, armed with a dangerous or offensive weapon, 24
or is in company with another person, the offender is liable to 25
imprisonment for life. 26
`(3) If, for an offence defined in subsection (1)(a) or (1)(b)(i), the 27
indecent assault or act of gross indecency consists, completely or partly-- 28
s 59 44 s 60
Criminal Law Amendment
(a) in penetrating the vagina, vulva, or anus to any extent with an 1
object or a part of the body other than the penis--the offender is 2
liable to imprisonment for life; or 3
(b) in bringing into contact any part of the genitalia or the anus with 4
any part of the mouth--the offender is liable to 14 years 5
imprisonment.'. 6
(6) Section 337(4), as renumbered-- 7
insert-- 8
` "procure" means knowingly entice or recruit for the purposes of sexual 9
exploitation.'. 10
of s 339 (Assaults occasioning bodily harm) 11
Amendment
Clause 59.(1) Section 339(1), `misdemeanour'-- 12
omit, insert-- 13
`crime'. 14
(2) section 339(1), 3 years'-- 15
omit, insert-- 16
`7 years'. 17
(3) Section 339(2)-- 18
omit. 19
(4) Section 339(3), after `offender'-- 20
insert-- 21
`does bodily harm, and'. 22
(5) Section 339(3), `7 years'-- 23
omit, insert-- 24
`10 years'. 25
of s 340 (Serious assaults) 26
Amendment
Clause 60.(1) Section 340, `misdemeanour'-- 27
s 61 45 s 62
Criminal Law Amendment
omit, insert-- 1
`crime'. 2
(2) Section 340, `3 years'-- 3
omit, insert-- 4
`7 years'. 5
of s 346 (Assaults in interference with freedom of trade 6
Amendment
or work) 7
Clause 61.(1) Section 346, all words from `is guilty of'-- 8
omit, insert-- 9
`commits a crime.'. 10
(2) Section 346, at the end-- 11
insert-- 12
`Maximum penalty--5 years imprisonment.'. 13
of s 347 (Definition of "rape") 14
Amendment
Clause 62.(1) Section 347, heading-- 15
omit, insert-- 16
`Rape'. 17
(2) Section 347(1), `of a female'-- 18
omit, insert-- 19
`of another person'. 20
(3) Section 347(1), `her'-- 21
omit, insert-- 22
`that person's'. 23
(4) Section 347, `woman'-- 24
insert-- 25
`female'. 26
s 63 46 s 65
Criminal Law Amendment
of s 364 (Desertion of children) 1
Replacement
Clause 63. Section 364-- 2
omit, insert-- 3
to children under 16 4
`Cruelty
`364. A person who, having the lawful care or charge of a child under 16 5
years, causes suffering to the child by-- 6
(a) failing to provide the child with adequate food, clothing, medical 7
treatment, accommodation or care when it is available to the 8
person from his or her own resources; or 9
(b) failing to take all lawful steps to obtain adequate food, clothing, 10
medical treatment, accommodation or care when it is not available 11
to the person from his or her own resources; or 12
(c) deserting the child; or 13
(d) leaving the child without means of support; 14
commits a crime. 15
Maximum penalty--5 years imprisonment.'. 16
of s 390 (Things capable of being stolen) 17
Amendment
Clause 64. Section 390-- 18
omit, insert-- 19
`Things capable of being stolen 20
`390. Anything that is the property of any person is capable of being 21
stolen if it is-- 22
(a) moveable; or 23
(b) capable of being made moveable, even if it is made moveable in 24
order to steal it.'. 25
of s 398 (Punishment of stealing) 26
Amendment
Clause 65.(1) Section 398(1), `3 years'-- 27
omit, insert-- 28
s 65 47 s 65
Criminal Law Amendment
`5 years'. 1
(2) Section 398(2), `3 years'-- 2
omit, insert-- 3
`5 years'. 4
(3) Section 398(2), `$200'-- 5
omit, insert-- 6
`$1 000'. 7
(4) Section 398(3)-- 8
omit. 9
(5) Section 398, punishment in special cases, clause 2-- 10
omit. 11
(6) Section 398, punishment in special cases, clause 4(b), `$40'-- 12
omit, insert-- 13
`$1 000'. 14
(7) Section 398, punishment in special cases, clause 4(b), `house'-- 15
omit. 16
(8) Section 398, punishment in special cases, clause 4(c), `vessel or'-- 17
omit. 18
(9) Section 398, punishment in special cases, clause 4(d), `vessel'-- 19
omit, insert-- 20
`vehicle'. 21
(10) Section 398, punishment in special cases, clause 4, `7 years'-- 22
omit, insert-- 23
`10 years'. 24
(11) Section 398, punishment in special cases, clause 5, `7 years'-- 25
omit, insert-- 26
`10 years'. 27
s 65 48 s 65
Criminal Law Amendment
(12) Section 398, punishment in special cases, clause 6, `7 years'-- 1
omit, insert-- 2
`10 years'. 3
(13) Section 398, punishment in special cases, clause 7, `7 years'-- 4
omit, insert-- 5
`10 years'. 6
(14) Section 398, punishment in special cases, clause 8(d), `for such 7
disposition, such power of attorney having been'-- 8
omit, insert-- 9
`or other authority for the disposition of the property'. 10
(15) Section 398, punishment in special cases, clause 8, `7 years'-- 11
omit, insert-- 12
`10 years'. 13
(16) Section 398, punishment in special cases, clause 9, `7 years'-- 14
omit, insert-- 15
`10 years'. 16
(17) Section 398, punishment in special cases, clause 10, `the offender', 17
2nd mention-- 18
omit, insert-- 19
`him or her'. 20
(18) Section 398, punishment in special cases, clause 10, `$500'-- 21
omit, insert-- 22
`$1 000'. 23
(19) Section 398, punishment in special cases, clause 10, `7 years'-- 24
omit, insert-- 25
`10 years'. 26
(20) Section 398, punishment in special cases, clause 11, `7 years'-- 27
omit, insert-- 28
s 65 49 s 65
Criminal Law Amendment
`10 years'. 1
(21) Section 398, punishment in special cases, clause 12, heading, `an 2
aircraft'-- 3
omit, insert-- 4
`a vehicle'. 5
(22) Section 398, punishment in special cases, clause 12, `an aircraft'-- 6
omit, insert-- 7
`a vehicle'. 8
(23) Section 398, punishment in special cases-- 9
insert-- 10
`Stealing by looting 11
`13. If-- 12
(a) the offence is committed during a natural disaster, civil unrest or 13
an industrial dispute; or 14
(b) the thing stolen is left unattended by the death or incapacity of the 15
person in possession of the property; 16
the offender is liable to imprisonment for 10 years. 17
`Stealing firearm for use in another indictable offence 18
`14. If-- 19
(a) the thing stolen is a firearm; and 20
(b) the offender steals the firearm intending that it be used by anyone 21
to commit an indictable offence; 22
the offender is liable to imprisonment for 14 years. 23
`Stealing firearm or ammunition 24
`15. If the thing stolen is a firearm or ammunition, the offender is liable 25
to imprisonment for 10 years.'. 26
s 66 50 s 66
Criminal Law Amendment
of s 408C (Misappropriation of property) 1
Amendment
Clause 66.(1) Section 408C, words before subsection (2)-- 2
omit, insert-- 3
`Fraud 4
`408C.(1) A person who dishonestly-- 5
(a) applies to his or her own use or to the use of any person-- 6
(i) property belonging to another; or 7
(ii) property belonging to the person, or which is in the person's 8
possession, either solely or jointly with another person, 9
subject to a trust, direction or condition or on account of any 10
other person; or 11
(b) obtains property from any person; or 12
(c) induces any person to deliver property to any person; or 13
(d) gains a benefit or advantage, pecuniary or otherwise, for any 14
person; or 15
(e) causes a detriment, pecuniary or otherwise, to any person; or 16
(f) induces any person to do any act which the person is lawfully 17
entitled to abstain from doing; or 18
(g) induces any person to abstain from doing any act which that 19
person is lawfully entitled to do; or 20
(h) makes off, knowing that payment on the spot is required or 21
expected for any property lawfully supplied or returned or for any 22
service lawfully provided, without having paid and with intent to 23
avoid payment; 24
commits the crime of fraud. 25
(2) Section 408C(2), `misappropriation of property'-- 26
omit, insert-- 27
`fraud'. 28
(3) Section 408C(2)(a) and (b)-- 29
omit, insert-- 30
s 66 51 s 66
Criminal Law Amendment
`(a) if the offender is a director or member of the governing body of a 1
corporation, and the victim is the corporation; 2
(b) if the offender is an employee of another person, and the victim is 3
the other person;'. 4
(4) Section 408C(2)(c), `the property dishonestly applied'-- 5
omit, insert-- 6
`any property in relation to which the offence is committed'. 7
(5) Section 408C(2)(d)-- 8
omit, insert-- 9
`(d) if the property, or the yield to the offender from the dishonesty, is 10
of a value of $5 000 or more.'. 11
(6) Section 408C(3)(a)-- 12
omit, insert-- 13
`(a) "property", without limiting the definition of property in 14
section 111, includes credit, service, any benefit or advantage, 15
anything evidencing a right to incur a debt or to recover or receive 16
a benefit, and releases of obligations;'. 17
(7) Section 408C(3)(b) and (c)-- 18
omit, insert-- 19
`(b) a person's act or omission in relation to property may be 20
dishonest even though-- 21
(i) he or she is willing to pay for the property; or 22
(ii) he or she intends to afterwards restore the property or to 23
make restitution for the property or to afterwards fulfil his or 24
her obligations or to make good any detriment; or 25
(iii) an owner or other person consents to doing any act or to 26
making any omission; or 27
(iv) a mistake is made by another person; and 28
(c) a person's act or omission in relation to property is not taken to 29
11 Section 1 (Construction of terms)
s 67 52 s 67
Criminal Law Amendment
be dishonest, if when the person does the act or makes the 1
omission, he or she does not know to whom the property belongs 2
and believes on reasonable grounds that the owner cannot be 3
discovered by taking reasonable steps, unless the property came 4
into his or her possession or control as trustee or personal 5
representative;'. 6
(11) Section 408C(3)(d), `part owner'-- 7
omit, insert-- 8
`joint or part owner or owner in common'. 9
(12) Section 408C(3)-- 10
insert-- 11
`(e) "obtain" includes to get, gain, receive or acquire in any way; and 12
(f) if a person obtains property from any person or induces any 13
person to deliver property to any person it is immaterial in either 14
case whether the owner passes or intends to pass ownership in 15
the property or whether he or she intends to pass ownership in the 16
property to any person.'. 17
of new s 408D 18
Insertion
Clause 67. After section 408C-- 19
insert-- 20
hacking and misuse 21
`Computer
`408D.(1) A person who uses a restricted computer without the consent 22
of the computer's controller commits an offence. 23
Maximum penalty--2 years imprisonment. 24
`(2) If the person causes or intends to cause detriment or damage, or 25
gains or intends to gain a benefit, the person commits a crime and is liable 26
to imprisonment for 5 years. 27
`(3) If the person causes a detriment or damage or obtains a benefit for 28
any person to the value of more than $5 000, or intends to commit an 29
indictable offence, the person commits a crime and is liable to 30
imprisonment for 10 years. 31
s 67 53 s 67
Criminal Law Amendment
`(4) It is a defence to a charge under this section to prove that the use of 1
the restricted computer was authorised, justified or excused by law. 2
`(5) In this section-- 3
"benefit" includes a benefit obtained by or delivered to any person. 4
"computer" means all or part of a computer, computer system or 5
computer network and includes, for example, all external devices 6
connected to the computer in any way or capable of communicating 7
with each other as part of a system or network. 8
"controller" means a person who has a right to control the computer's use. 9
"damage" includes-- 10
(a) damage to any computer hardware or software; and 11
(b) for information--any alteration, addition, removal or loss of, or 12
other damage to, information. 13
"information" includes data, file, document, or computer language or 14
coding. 15
"detriment" includes any detriment, pecuniary or otherwise, to any person. 16
"restricted computer" means a computer for which-- 17
(a) a device, code or a particular sequence of electronic impulses is 18
necessary in order to gain access to or to use the computer; and 19
(b) the controller-- 20
(i) withholds or takes steps to withhold access to the device, or 21
knowledge of the code or of the sequence or of the way of 22
producing the code or the sequence, from other persons; or 23
(ii) restricts access or takes steps to restrict access to the device 24
or knowledge of the code or of the sequence, or to the way 25
of producing the sequence, to a person or a class of person 26
authorised by the controller. 27
"use", of a restricted computer, includes accessing or altering any 28
information stored in, or communicate information directly or 29
indirectly to or from, the restricted computer, or cause a virus to 30
become installed on or to otherwise affect, the computer.'. 31
s 68 54 s 70
Criminal Law Amendment
of s 412 (Attempted robbery--accompanied by 1
Amendment
wounding or in company) 2
Clause 68.(1) Section 412, heading-- 3
omit, insert-- 4
`Attempted robbery'. 5
(2) Section 412(3), `kind of loaded arms'-- 6
omit, insert-- 7
`dangerous or offensive weapon, instrument or noxious substance'. 8
(3) Section 412(3), `any person by discharging the loaded arms'-- 9
omit, insert-- 10
`, or uses other personal violence to, any person by the weapon, 11
instrument or noxious substance'. 12
of s 415 (Demanding property, benefit or performance of 13
Amendment
services with threats) 14
Clause 69.(1) Section 415(1)(a), `writing'-- 15
omit, insert-- 16
`document'. 17
(2) Section 415(6)-- 18
omit. 19
of s 416 (Attempts at extortion by threats) 20
Amendment
Clause 70.(1) Section 416(1)(c), `writing'-- 21
omit, insert-- 22
`document'. 23
(2) Section 416(2)(c), `have carnal knowledge of any person by anal 24
intercourse'-- 25
omit, insert-- 26
`commit unlawful sodomy against any person'. 27
s 71 55 s 71
Criminal Law Amendment
(3) Section 416(2)(d), after `rape'-- 1
insert-- 2
`against any person'. 3
(4) Section 416(2)(d), `woman or girl'-- 4
omit, insert-- 5
`female'. 6
of s 418 (Definitions) 7
Amendment
Clause 71.(1) Section 418(1), `building', 1st to 3rd mention-- 8
omit, insert-- 9
`dwelling or any premises'. 10
(2) Section 418(1), `building', 4th mention-- 11
omit, insert-- 12
`dwelling or premises'. 13
(3) Section 418(2), `building'-- 14
omit, insert-- 15
`dwelling or premises'. 16
(4) Section 418(3), `building'-- 17
omit, insert-- 18
`dwelling or premises'. 19
(5) Section 418-- 20
insert-- 21
`(4) In this chapter-- 22
"premises" includes-- 23
(a) a building or structure and a part of a building or structure other 24
than a dwelling; and 25
(b) a tent, caravan, or vehicle; and 26
(c) any similar place.'. 27
s 72 56 s 73
Criminal Law Amendment
of s 419 (Housebreaking--burglary) 1
Replacement
Clause 72. Section 419-- 2
omit, insert-- 3
`Burglary 4
`419.(1) Any person who enters or is in the dwelling of another with 5
intent to commit an indictable offence in the dwelling commits a crime. 6
Maximum penalty--14 years imprisonment. 7
`(2) If the offender enters the dwelling by means of any break, he or she 8
is liable to imprisonment for life. 9
`(3) If-- 10
(a) the offence is committed in the night; or 11
(b) the offender-- 12
(i) uses or threatens to use actual violence; or 13
(ii) is or pretends to be armed with a dangerous or offensive 14
weapon, instrument or noxious substance; or 15
(iii) is in company with 1 or more persons; or 16
(iv) damages, or threatens or attempts to damage, any property; 17
the offender is liable to imprisonment for life. 18
`(4) Any person who enters or is in the dwelling of another and commits 19
an indictable offence in the dwelling commits a crime. 20
Maximum penalty--imprisonment for life.'. 21
of s 421 (Breaking into places and committing indictable 22
Replacement
offences) 23
Clause 73. Section 421-- 24
omit, insert-- 25
or being in premises and committing indictable offences 26
`Entering
`421.(1) Any person who enters or is in any premises with intent to 27
commit an indictable offence in the premises commits a crime. 28
s 74 57 s 74
Criminal Law Amendment
Maximum penalty--10 years imprisonment. 1
`(2) Any person who enters or is in any premises and commits an 2
indictable offence in the premises commits a crime. 3
Maximum penalty--14 years imprisonment. 4
`(3) If the offender gains entry to the premises by any break and 5
commits an indictable offence in the premises, he or she is liable to 6
imprisonment for life.'. 7
of s 425 (Persons found armed etc. with intent to commit 8
Amendment
an indictable offence) 9
Clause 74.(1) Section 425, heading-- 10
omit, insert-- 11
`Possession of things used in connection with unlawful entry'. 12
(2) Section 425(1)(a), after `or instrument,'-- 13
insert-- 14
`or a noxious substance,'. 15
(3) Section 425(1)(a), `house'-- 16
omit, insert-- 17
`or premises'. 18
(4) Section 425(1)(b)-- 19
omit, insert-- 20
`(b) having in his or her possession anything intended for use in or in 21
connection with the commission of an offence defined in section 22
419 or 42112;'. 23
(5) Section 425(1)(f)-- 24
omit. 25
12 Section 419 (Burglary) or 421 (Entering or being in premises and committing
indictable offences)
s 75 58 s 77
Criminal Law Amendment
of ch 40 hdg 1
Replacement
Clause 75. Chapter 40, heading-- 2
omit, insert-- 3
HAPTER 40--OTHER FRAUDULENT 4
`C
PRACTICES'. 5
of s 427A (Obtaining property by passing valueless 6
Amendment
cheques) 7
Clause 76. Section 427A(4)-- 8
omit. 9
of s 433 (Receiving stolen property etc.) 10
Amendment
Clause 77.(1) Section 433(1), `knowing'-- 11
omit, insert-- 12
`and has reason to believe'. 13
(2) Section 433(2), `knowing'-- 14
omit, insert-- 15
`has reason to believe'. 16
(3) Section 433-- 17
insert-- 18
`(3A) If the thing received is a firearm or ammunition, the offender is 19
liable to imprisonment for 14 years. 20
`(3B) If the offender received the thing while acting as a pawnbroker or 21
dealer in second hand goods, under a licence or otherwise, the offender is 22
liable to imprisonment for 14 years.'. 23
(4) Section 433(5), `the accused person's'-- 24
omit, insert-- 25
`his or her'. 26
(5) Section 433(3A) to (5)-- 27
s 78 59 s 79
Criminal Law Amendment
renumber as section 433(4) to (7). 1
of s 441 (Fraudulent false accounting) 2
Replacement
Clause 78. Section 441-- 3
omit, insert-- 4
falsification of records 5
`Fraudulent
`441. Any person who with intent to defraud-- 6
(a) makes a false entry in any record; or 7
(b) omits to make an entry in any record; or 8
(c) gives any certificate or information that is false in a material 9
particular; or 10
(d) in any way falsifies, destroys, alters or damages any record; or 11
(e) produces or makes use of any record the person knows is false in 12
a material particular; 13
commits a crime. 14
Maximum penalty--10 years imprisonment.'. 15
of s 442B (Receipt or solicitation of secret commission by 16
Amendment
an agent 17
Clause 79.(1) Section 442B(1), at the end-- 18
insert-- 19
`commits a crime.'. 20
(2) Section 442B(2)-- 21
renumber as section 442BA. 22
(3) Section 442BA, as renumbered, `is guilty of an offence'-- 23
omit, insert-- 24
`commits a crime'. 25
s 80 60 s 83
Criminal Law Amendment
of s 442D (False or misleading receipt or account) 1
Amendment
Clause 80. Section 442D, `is guilty of an offence'-- 2
omit, insert-- 3
`commits a crime'. 4
of s 442E (Secret commission for advice given) 5
Amendment
Clause 81.(1) Section 442E(1), `an offence'-- 6
omit, insert-- 7
`a crime'. 8
(2) Section 442E(2)-- 9
renumber as section 442EA. 10
(3) Section 442EA, as renumbered, `an offence'-- 11
omit, insert-- 12
`a crime'. 13
of s 442F (Secret commission to trustee in return for 14
Amendment
substituted appointment) 15
Clause 82. Section 442F, `is guilty of an offence'-- 16
omit, insert-- 17
`commits a crime'. 18
of s 442G (Liability of director etc. acting without 19
Amendment
authority) 20
Clause 83. Section 442G, `is guilty of an offence'-- 21
omit, insert-- 22
`commits a crime'. 23
s 84 61 s 87
Criminal Law Amendment
of s 442I (Penalty on conviction) 1
Amendment
Clause 84. Section 442, words before paragraph (b)-- 2
omit, insert-- 3
`Penalty on conviction 4
`442I. Any person guilty of a crime against any of the provisions of this 5
chapter is-- 6
(a) liable, if a corporation, to a penalty of 3 400 penalty units, and if 7
an individual, to 7 years imprisonment; and'. 8
of s 458 (Unlawful acts) 9
Amendment
Clause 85. Section 458(2), after `in it'-- 10
insert-- 11
`, or an interest in it as joint or part owner or owner in common'. 12
of s 460 (Damage) 13
Amendment
Clause 86. Section 460, `, or to a writing or inscription,'-- 14
omit. 15
of s 469 (Malicious injuries in general) 16
Amendment
Clause 87.(1) Section 469, heading-- 17
omit, insert-- 18
`Wilful damage'. 19
(2) Section 469, from `2 years'-- 20
omit, insert-- 21
`5 years.'. 22
(3) Section 469, punishment in special cases, clause 1, `house'-- 23
omit. 24
(4) Section 469, punishment in special cases-- 25
s 87 62 s 87
Criminal Law Amendment
insert-- 1
`Graffiti 2
`9.(1) If the property in question is in a public place, or is visible from a 3
public place, and the destruction or damage is caused by-- 4
(a) spraying, writing, drawing, marking or otherwise applying paint 5
or another marking substance; or 6
(b) scratching or etching; 7
the offender commits a crime and is liable to imprisonment for 5 years. 8
`(2) If the offence involves obscene or indecent representations, the 9
offender is liable to imprisonment for 7 years. 10
`(3) The court may-- 11
(a) whether or not it imposes any other penalty for the offence, order 12
the offender to perform community service under the Penalties 13
and Sentences Act 1992, part 5, division 213, including for 14
example, removing graffiti from property; and 15
(b) whether or not it imposes any penalty for the offence, order the 16
offender to pay compensation to any person under the Penalties 17
and Sentences Act 1992, part 3, division 4.14 18
`Educational institutions 19
`10.(1) If the property in question is part of a school, education centre, 20
college, university, or another educational institution, the offender commits 21
a crime and is liable to imprisonment for 7 years. 22
`(2) The court may-- 23
(a) whether or not it imposes any other penalty for the offence, order 24
the offender to perform community service work under the 25
Penalties and Sentences Act 1992, part 5, division 2 including for 26
example, cleaning or repairing any damaged property that is part 27
13 Penalties and Sentences act 1992, part 5 (Intermediate orders), division 2
(Community service orders)
14 Part 3 (Releases, restitution and compensation), division 4 (Orders for restitution
and compensation)
s 88 63 s 90
Criminal Law Amendment
of an educational institution; and 1
(b) whether or not it imposes any penalty for the offence, order the 2
offender to pay compensation to any person under the Penalties 3
and Sentences Act 1992, part 3, division 4.'. 4
of s 478 (Sending letters threatening to burn or destroy) 5
Amendment
Clause 88. Section 478, `writing'-- 6
omit, insert-- 7
`document'. 8
of s 484 (Definitions) 9
Amendment
Clause 89.(1) Section 484, definition "document", from `includes' to `but'-- 10
omit. 11
(2) Section 484, definition "writing"-- 12
omit. 13
of s 488 (Punishment of forgery in general) 14
Amendment
Clause 90. (1) Section 488, heading-- 15
omit, insert-- 16
`Forgery and uttering'. 17
(2) Section 488, from `Any person' to `3 years'-- 18
omit, insert-- 19
`A person who, with intent to defraud-- 20
(a) forges a document; or 21
(b) utters a forged document; 22
commits a crime. 23
Maximum penalty if no other punishment is provided--3 years 24
imprisonment. 25
s 91 64 s 93
Criminal Law Amendment
`(2) Subsection (1) applies whether or not the document is complete and 1
even though it is not, or does not purport to be, binding in law.'. 2
of s 494 (Making documents without authority) 3
Amendment
Clause 91. Section 494, `or writing'-- 4
omit. 5
of new s 501A 6
Insertion
Clause 92. After section 501-- 7
insert-- 8
statements 9
`Contradictory
`501A. If, on the trial for a person under section 501, the jury is 10
satisfied-- 11
(a) the accused has made 2 statements and 1 is irreconcilably in 12
conflict with the other; and 13
(b) the accused made 1 of the statements knowing it to be false; 14
but the jury unable to say which statement was falsely made, the jury may 15
make a special finding to that effect and find the accused guilty of the 16
offence.'. 17
s 510 (Instruments and materials for forgery) 18
Replacement
Clause 93. Section 510-- 19
omit, insert-- 20
and materials for forgery 21
`Instruments
`510. Any person who unlawfully-- 22
(a) makes, or starts or prepares to make, a thing with intent to use it 23
to forge a document; or 24
(b) possesses a thing with intent to use it to forge a document; or 25
(c) uses a thing to forge a document; or 26
s 94 65 s 96
Criminal Law Amendment
(d) disposes of a thing that has been used to forge a document; 1
commits a crime. 2
Maximum penalty--14 years imprisonment.'. 3
of s 514 (Personation in general) 4
Amendment
Clause 94. Section 514, after `living or dead,'-- 5
insert-- 6
`real or fictitious,'. 7
of s 535 (Attempts to commit offences) 8
Amendment
Clause 95. Section 535(2)-- 9
omit. 10
of new pt 8, ch 58A 11
Insertion
Clause 96. Part 8, after chapter 58-- 12
insert-- 13
`CHAPTER 58A--INDICTABLE OFFENCES 14
DEALT WITH SUMMARILY 15
of indictable offences that must be dealt with summarily on 16
`Charges
prosecution election 17
`552A.(1) This section applies to a charge of any of the following 18
indictable offences-- 19
(a) an offence against any of the following provisions-- 20
· section 141 21
· section 142 22
· section 143 23
· section 144 24
s 96 66 s 96
Criminal Law Amendment
· section 148 1
· section 233 2
· section 34015; 3
(b) any offence involving an assault, not being of a sexual nature or 4
accompanied by an attempt to commit a crime, if the maximum 5
penalty for the offence is not more than 5 years; 6
(c) an offence of attempting to commit any of the above offences; 7
(d) an offence of counselling or procuring of any of the above 8
offences. 9
`(2) A charge of an offence mentioned in subsection (1) must be heard 10
and decided summarily, if the prosecution elects to have the charge heard 11
and decided summarily. 12
`(3) This section is subject to section 552D.16 13
of indictable offences that may be dealt with summarily 14
`Charges
`552B. (1) This section applies to a charge of any of the following 15
indictable offences-- 16
(a) an offence of stealing, fraud, receiving or other dishonesty, or of 17
making anything moveable with intent to steal it, and the value of 18
the property, benefit or detriment is not more than $5 000; 19
(b) an offence against section 40617; 20
(c) an offence relating to damage to or destruction of property up to 21
the value of $5 000; 22
(d) an offence relating to an animal, skin or carcass or part of an 23
animal, skin or carcass; 24
15 Section 141 (Aiding persons to escape from lawful custody), section 142
(Escape by persons in lawful custody), section 143 (Permitting escape),
section 144 (Harbouring escaped prisoners etc.), section 148 (Obstructing
officers of courts of justice), section 233 (Betting houses), section 340 (Serious
assault)
16 Section 552D (When magistrate must abstain from jurisdiction)
17 Section 406 (Bringing stolen goods into Queensland)
s 96 67 s 96
Criminal Law Amendment
(e) an offence against section 419 or 42118, if-- 1
(i) the offence involved stealing or an intent to steal or an intent 2
to destroy or damage property or the damage or destruction 3
of property; and 4
(ii) the offender was not armed or pretending to be armed when 5
the offence was committed; and 6
(iii) the value of any property stolen, damaged or destroyed was 7
not more than $1 000; 8
(f) an offence against section 42519; 9
(g) an offence against section 408A(1)20; 10
(h) an offence of a sexual nature without a circumstance of 11
aggravation where the complainant was 14 years of age or over at 12
the time of the alleged offence and the defendant has pleaded 13
guilty; 14
(i) an offence involving an assault, if-- 15
(i) the assault is-- 16
(A) without a circumstance of aggravation; and 17
(B) is not of a sexual nature; and 18
(C) is not an assault mentioned in section 552A; and 19
(ii) the maximum penalty for the offence is not more than 20
7 years; 21
(j) an offence against section 328A(1)21; 22
(k) an offence of unlawful stalking without a circumstance of 23
aggravation; 24
18 Section 419 (Burglary) or 421 (Entering or being in premises and committing
indictable offences)
19 Section 425 (Possession of things used in connection with unlawful entry)
20 Section 408A (Unlawful use or possession of motor vehicles, aircraft or vessels)
21 Section 328A (Dangerous operation of a vehicle)
s 96 68 s 96
Criminal Law Amendment
(l) an offence against chapter 22A;22 1
(m) an offence against chapter 42A;23 2
(n) an offence of attempting to commit any of the above offences; 3
(o) an offence of counselling or procuring of any of the above 4
offences. 5
`(2) A charge of an offence mentioned in subsection (1)(a) to (e) or a 6
charge of attempting to commit, or of counselling or procuring, any of 7
those offences must be dealt with summarily, unless the defendant informs 8
the court that he or she wants to be tried by a jury. 9
`(3) Also, if-- 10
(a) the defendant admits that he or she is guilty of an offence to 11
which subsection (2) applies; and 12
(b) the magistrate considers the offence is of a nature that the 13
defendant may be adequately punished on summary conviction; 14
the charge must be dealt with summarily under subsection (2) whether or 15
not the value of any property in relation to which the offence was 16
committed is less than the value mentioned in subsection (1)(a) to (e). 17
`(4) For subsection (3), it is immaterial that the defendant could be 18
charged with an offence that the magistrate has no jurisdiction to hear and 19
decide because of the value of the property in question. 20
`(5) A charge of an offence mentioned in subsection (1)(f) to (m), or a 21
charge of attempting to commit, or of counselling or procuring, any of 22
those offences, must be decided summarily, unless the defendant informs 23
the magistrate that he or she wants to be tried by jury. 24
`(6) This section is subject to section 552D.24 25
26
hearing of indictable offence must be by magistrate 27
`Summary
`552C.(1) The summary hearing and deciding of an indictable offence 28
under this chapter must be by a magistrate. 29
22 Chapter 22A (Prostitution)
23 Chapter 42A (Secret commissions)
24 Section 552D (When magistrate must abstain from jurisdiction)
s 96 69 s 96
Criminal Law Amendment
`(2) Jurisdiction of a justice who is not a magistrate is limited to taking or 1
making a procedural action or order under the Justices of the Peace and 2
Commissioners for Declarations Act 1991. 3
magistrate must abstain from jurisdiction 4
`When
`552D.(1) A magistrate must abstain from dealing summarily with a 5
charge under section 552A or 552B25 if satisfied, at any stage, and after 6
hearing any submissions by the prosecution and defence, that because of the 7
nature or seriousness of the offence or any other relevant consideration the 8
defendant, if convicted, may not be adequately punished on summary 9
conviction. 10
`(2) If the magistrate abstains from jurisdiction, the magistrate must 11
proceed to hear and decide the charge as a committal proceeding. 12
may be heard and decided where defendant arrested or 13
`Charge
served 14
`522E. Without limiting the places a charge may be heard summarily 15
under section 552A or 552B, the charge may also be heard and decided at a 16
place appointed for holding magistrates courts within the district in which 17
the accused person was arrested on the charge or served with the summons 18
for the charge under the Justices Act 1886. 19
for prosecution 20
`Time
`522F. If a court hears and decides a charge summarily under 21
section 552A or 552B, the court has jurisdiction despite the time that has 22
elapsed from the time when the matter of complaint of the charge arose. 23
25 Section 552A (Charges of indictable offences that must be dealt with summarily
on prosecution election) or 552B (Charges of indictable offences that may be
dealt with summarily)
s 96 70 s 96
Criminal Law Amendment
of property affecting jurisdiction to be decided by magistrate 1
`Value
`522G. For section 552B26, the value of property or of damage to 2
property is the value as decided by the Magistrates Court. 3
`Maximum punishment of indictable offences that are dealt with 4
summarily 5
`552H. A person is liable on summary conviction under section 552A27 6
or 552B to the lesser of the following maximum penalties-- 7
(a) 100 penalty units or 3 years imprisonment; 8
(b) the penalty for the offence had it been dealt with on indictment. 9
under section 552B 10
`Procedure
`552I.(1) This section applies to any charge for an offence to which 11
section 552B applies. 12
`(2) If the defendant is not legally represented, the court is required-- 13
(a) to state the substance of the charge to the defendant; and 14
(b) to explain to the defendant that he or she is entitled to be tried by a 15
jury and is not obliged to make any defence; and 16
(c) to ask the defendant whether he or she consents to the charge 17
being dealt with summarily. 18
`(3) Whether or not the defendant is legally represented, unless the 19
defendant informs the magistrate that he or she desires to be tried by a jury, 20
the court must ask whether the defendant is guilty or not guilty of the 21
offence. 22
`(4) If the defendant says `guilty' the court must convict. 23
`(5) If the defendant says `not guilty' the court must hear the defence. 24
`(6) After the defendant enters a plea, the magistrate must then deal with 25
the charge summarily. 26
26 Section 522B (Charges of indictable offences that may be dealt with summarily)
27 Section 552A (Charges of indictable offences that must be dealt with summarily
on prosecution election)
s 97 71 s 97
Criminal Law Amendment
`(7) Unless a defendant's criminal history is admissible in evidence, the 1
magistrate must not have any regard to the defendant's criminal history-- 2
(a) before receiving a plea of guilty or making any decision of guilt; 3
or 4
(b) for deciding whether the defendant may be adequately punished 5
on summary conviction. 6
against decision to decide charge summarily 7
`Appeals
`552J.(1) This section applies if a person is summarily convicted or 8
sentenced under section 552A or 552B.28 9
`(2) The grounds on which the person may appeal include that the 10
magistrate erred by deciding the conviction or sentence summarily. 11
`(3) The grounds on which the Attorney-General may appeal against 12
sentence include that the magistrate erred by deciding the sentence 13
summarily. 14
`(4) On an appeal against sentence relying on a ground that the magistrate 15
erred by proceeding summarily, the court deciding the appeal may, if it 16
decides to vary the sentence, impose the sentence the court considers 17
appropriate up to the maximum sentence that could have been imposed if 18
the matter had been dealt with on indictment.'. 19
of s 560 (Nature of indictments) 20
Amendment
Clause 97.(1) Section 560, heading-- 21
omit, insert-- 22
`Presenting indictments'. 23
(2) Section 560-- 24
insert-- 25
`(3) If a person has been committed for trial for an indictable offence that 26
28 Section 522A (Charges of indictable offences that must be dealt with summarily
on prosecution election) or 522B (Charges of indictable offences that may be
dealt with summarily)
s 98 72 s 99
Criminal Law Amendment
may be tried in a District Court, the director of public prosecutions or a 1
Crown prosecutor may present the indictment to either the Supreme Court 2
or a District Court. 3
`(4) In deciding the court to which the indictment is to be presented, the 4
director of public prosecutions or Crown prosecutor must have regard to-- 5
(a) the complexity of the case; and 6
(b) the seriousness of the alleged offence; and 7
(c) any particular importance attaching to the case; and 8
(d) any other relevant consideration.'. 9
of s 563 (Nolle prosequi) 10
Amendment
Clause 98.(1) Section 563(1), after `indictment'-- 11
insert-- 12
`, or in relation to any charge contained in any indictment,'. 13
(2) Section 563(2), after `indictment'-- 14
insert-- 15
`, or in relation to any charge contained in any indictment,'. 16
(3) Section 563(3), after `indictment'-- 17
insert-- 18
`or charge'. 19
of s 566 (Particular indictments) 20
Amendment
Clause 99.(1) Section 566(1), (4) and (4A)-- 21
omit. 22
(2) Section 566(5A), `any coin or'-- 23
omit. 24
(3) Section 566(5A), `of either'-- 25
omit. 26
s 100 73 s 100
Criminal Law Amendment
(4) Section 566(5A), `such coin or'-- 1
omit, insert-- 2
`the'. 3
(5) Section 566(15), `subsection (1)'-- 4
omit, insert-- 5
`section 1'. 6
(6) Section 566(16), from `procuring the delivery' to `money or 7
goods'-- 8
omit, insert-- 9
`inducing the delivery of anything dishonestly'. 10
(7) Section 566(17), `or trick or device'-- 11
omit. 12
(8) Section 566(18)-- 13
omit. 14
of s 568 (Cases in which several charges may be joined) 15
Amendment
Clause 100.(1) Section 568(1)-- 16
omit, insert-- 17
`568.(1) In an indictment against a person for stealing property the 18
person may be charged and proceeded against on 1 charge even though-- 19
(a) the property belongs to the same person or to different persons; 20
or 21
(b) the property was stolen over a space of time; or 22
(c) different acts of stealing took place at different times, whether or 23
not the different acts can be identified.'. 24
(2) Section 568(1A), after `the taking'-- 25
insert-- 26
`, destruction or conversion'. 27
(3) Section 568(1B), (1C) and (2)-- 28
s 100 74 s 100
Criminal Law Amendment
omit. 1
(4) Section 568(1A) and (4) to (6)-- 2
renumber as section 568(2) and (6) to (10). 3
(5) Section 568-- 4
insert-- 5
`(3) In an indictment against a person for fraud the person may be 6
charged and proceeded against on 1 charge even though-- 7
(a) any number of specific frauds of the same type has been 8
committed, whether or not each specific act of fraud can be 9
identified; or 10
(b) the frauds have extended over any space of time; or 11
(c) property applied belongs to different persons, and has come into 12
the possession or control of the accused person at different times 13
and subject to different trusts, directions, conditions, or duties to 14
account; or 15
(d) the property, benefit, detriment or inducement belongs to or is 16
caused to different persons. 17
`(4) In an indictment against a person for receiving property the person 18
may be charged and proceeded against on 1 charge even though-- 19
(a) the property belongs to different persons; or 20
(b) the property was received over a space of time; or 21
(c) different acts of receiving took place at different times, whether or 22
not the different acts can be identified. 23
`(5) In an indictment against a person for forgery or uttering the person 24
may be charged and proceeded against on 1 charge even though-- 25
(a) any number of separate forgeries or utterings has been 26
committed, whether or not the separate acts of forgery or uttering 27
can be identified; or 28
(b) the forgeries or utterings have extended over any space of time; or 29
(c) there was an intent to defraud one or more than one person.'. 30
s 101 75 s 104
Criminal Law Amendment
of s 569 (Accessories) 1
Amendment
Clause 101. Section 569, after `committing an offence,'-- 2
insert-- 3
`or who does or omits to do any act for the purpose of enabling or aiding 4
another person to commit the offence,'. 5
of s 572 (Amendment of indictments) 6
Amendment
Clause 102.(1) Section 572, after `omitted', first mention-- 7
insert-- 8
`, or any count that ought to have been included in the indictment has 9
been omitted'. 10
(2) Section 572-- 11
insert-- 12
`(2A) If the court is satisfied no injustice will be done by amending the 13
indictment, the court may make the order at any time before, or at any stage 14
of, the trial on the indictment, or after verdict.'. 15
(3) Section 572(2A) to (4)-- 16
renumber as section (3) to (5). 17
of s 577 (Charge of homicide of child) 18
Amendment
Clause 103. Section 577, from `woman had recently'-- 19
omit, insert-- 20
`female had recently been delivered, the accused person may be 21
convicted of an offence defined in section 313 or 31429, if any offence 22
under either of those sections is established by the evidence.'. 23
of s 578 (Charge of offence of a sexual nature) 24
Amendment
Clause 104.(1) Section 578(1), `210(1)(a), 215'-- 25
29 Section 313 (Killing unborn child) or 314 (Concealing the birth of children)
s 105 76 s 105
Criminal Law Amendment
omit, insert-- 1
`208, 209, 210(1), 215, 216'. 2
(2) Section 578-- 3
insert-- 4
`(1A) On an indictment charging a person with the crime of unlawful 5
sodomy under any part of section 208 30, the person may be convicted of 6
any offence, if established by the evidence, defined in section 209, 210(1), 7
216, 217, 218 or 337.31'. 8
(3) Section 578(2), from `section'-- 9
omit, insert-- 10
`section 210(1), 217 or 218.'. 11
(4) Section 578(3), `210(1)(a)'-- 12
omit, insert-- 13
`210(1)'. 14
(5) Section 578(4), from `section'-- 15
omit, insert-- 16
`section 208, 209, 210(1), 216, 217, 218 or 337.'. 17
of s 581 (Stealing, false pretences, and cheating) 18
Amendment
Clause 105.(1) Section 581, heading-- 19
omit, insert-- 20
`Offences of dishonesty'. 21
(2) Section 581(b)-- 22
omit, insert-- 23
30 Section 208 (Unlawful sodomy)
31 Section 209 (Attempted sodomy), 210 (Indecent treatment of children under 16),
216 (Abuse of intellectually impaired persons), 217 (Procuring young person etc.
for carnal knowledge), 218 (Procuring sexual acts by coercion etc.) or 337
(Sexual assaults)
s 106 77 s 106
Criminal Law Amendment
`(b) fraud, with or without a circumstance of aggravation;'. 1
(3) Section 581(d) and (e)-- 2
omit, insert-- 3
`(d) unlawful use or possession of a vehicle, with or without a 4
circumstance of aggravation; 5
(e) unlawfully receiving anything under section 43332;'. 6
(4) Section 581(f), `procuring'-- 7
omit, insert-- 8
`counselling or procuring'. 9
of s 590 (Right to be tried) 10
Replacement
Clause 106. Section 590-- 11
omit, insert-- 12
accused to trial 13
`Bringing
`590.(1) Subject to section 56133, when a person charged with an 14
indictable offence has been committed for trial and it is intended to put the 15
person upon his or her trial for the offence, the director of public 16
prosecutions or a Crown prosecutor must present the indictment no later 17
than 6 months after the date on which the person was committed for trial. 18
`(2) If-- 19
(a) an indictment is not so presented; or 20
(b) it becomes apparent that evidence necessary to establish the 21
offence is not going to be available; or 22
(c) the accused has absconded and is not likely to be found before the 23
expiry of the period; or 24
(d) if for any other reason it is impracticable to present the 25
indictment; 26
32 Section 433 (Receiving stolen property etc.)
33 Section 561 (Ex officio informations)
s 107 78 s 108
Criminal Law Amendment
the director of public prosecutions or a Crown prosecutor may apply to the 1
Court at any time before or after the expiry of the period for an extension of 2
time within which to present an indictment. 3
`(3) The court hearing the application may, if satisfied that good cause is 4
shown and no miscarriage of justice is likely to result, grant the extension of 5
time the court considers just. 6
`(4) If an indictment is not presented before the expiry of the period or 7
any extension of the period, the person is entitled to be discharged from the 8
consequences of his or her committal.'. 9
of new s 590B 10
Insertion
Clause 107. After section 590A-- 11
insert-- 12
notice of expert evidence 13
`Advanced
`590B.(1) If a party to a trial intends to adduce expert evidence in relation 14
to an issue in the trial, he or she must-- 15
(a) as soon as practicable--give the other parties to the trial written 16
notice of the name of the expert, and any finding or opinion he or 17
she proposes to adduce; and 18
(b) as soon as practicable before the trial date--give the other parties 19
to the proceeding a copy of the expert report on which the finding 20
or opinion is based. 21
`(2) The directions judge under section 592A 34 or trial judge may fix 22
times for compliance with subsection (1).'. 23
of new s 592A 24
Insertion
Clause 108. After section 592-- 25
insert-- 26
34 Section 592A (Pre-trial directions and rulings)
s 108 79 s 108
Criminal Law Amendment
directions and rulings 1
`Pre-trial
`592A.(1) If the Crown has presented an indictment before a court 2
against a person, a party may apply for a direction or ruling, or a judge of 3
the court may on his or her initiative direct the parties to attend before the 4
court for directions or rulings, as to the conduct of the trial. 5
`(2) Without limiting subsection (1) a direction or ruling may be given in 6
relation to-- 7
(a) the quashing or staying of the indictment; or 8
(b) the joinder of accused or joinder of charges; or 9
(c) the provision of a statement, report, proof of evidence or other 10
information; or 11
(d) noting of admissions and issues the parties agree are relevant to 12
the trial or sentence; or 13
(e) deciding questions of law including the admissibility of evidence 14
and any step that must be taken if any evidence is not to be 15
admitted; or 16
(f) ascertaining whether a defence of insanity or diminished 17
responsibility or any other question of a psychiatric nature is to be 18
raised; or 19
(g) the psychiatric or other medical examination of the accused; or 20
(h) the exchange of medical, psychiatric and other expert reports; or 21
(i) the reference of the accused to the Mental Health Tribunal; or 22
(j) the date of trial and directing that a date for trial is not to be fixed 23
until it is known whether the accused proposes to rely on a 24
defence of insanity or diminished responsibility or any other 25
question of a psychiatric nature; or 26
(k) the return of subpoenas and notices to Crown witnesses; or 27
(l) encouraging the parties to narrow the issues and any other 28
administrative arrangement to assist the speedy disposition of the 29
trial. 30
(2) A direction or ruling is binding unless the trial judge, for special 31
reason, gives leave to re-open the direction or ruling. 32
s 109 80 s 110
Criminal Law Amendment
(3) A direction or ruling must not be subject to interlocutory appeal but 1
may be raised as a ground of appeal against conviction or sentence.'. 2
of s 594 (Accused person to be called upon to plead to 3
Amendment
indictment) 4
Clause 109.(1) Section 594(1), `At the time appointed for the trial of an accused 5
person'-- 6
omit, insert-- 7
`On the presentation of the indictment or at any later time'. 8
(2) Section 594(1), `the person'-- 9
omit, insert-- 10
`he or she'. 11
(3) Section 594(2)-- 12
renumber as section 594(3). 13
(4) Section 594-- 14
insert-- 15
`(2) If the indictment contains more than one count, a plea to any number 16
of counts may, with the consent of the accused person, be taken at one and 17
the same time on the basis that the plea to one count will be treated as a plea 18
to any number of similar counts on the same indictment.'. 19
of s 597A (Separate trials where 2 or more charges 20
Amendment
against the same person) 21
Clause 110. After section 597A(1)-- 22
insert-- 23
`(1AA) In considering potential prejudice, embarrassment or other 24
reason for ordering separate trials under this provision in relation to alleged 25
offences of a sexual nature, the court must not have regard to the possibility 26
that similar fact evidence, the probative value of which outweighs its 27
potentially prejudicial effect, may be the result of collusion or suggestion.'. 28
s 111 81 s 112
Criminal Law Amendment
of s 604 (Trial by jury) 1
Amendment
Clause 111.(1) Section 604, `If'-- 2
omit, insert-- 3
`Subject to subsection (2), if'. 4
(2) Section 604, after `plea of guilty'-- 5
insert-- 6
`, a plea of autrefois acquit or autrefois convict'. 7
(3) Section 604-- 8
insert-- 9
`(2) Issues raised by a plea of autrefois acquit or autrefois convict must 10
be tried by the court.'. 11
of s 631A (Plea of guilty during trial) 12
Amendment
Clause 112.(1) Section 631A(1), `the person'-- 13
omit, insert-- 14
`he or she'. 15
(2) Section 631A(1)(a), `the person's'-- 16
omit, insert-- 17
`his or her'. 18
(3) Section 631A(1)(c), `and in the presence of the jury'-- 19
omit. 20
(4) Section 631A(1)(d), `and in the presence of the jury'-- 21
omit. 22
(5) Section 631A-- 23
insert-- 24
`(1A) It is not necessary for the plea to be taken in the jury's presence.'. 25
(6) Section 631A(4), `the person'-- 26
omit, insert-- 27
s 113 82 s 115
Criminal Law Amendment
`him or her'. 1
of s 632 (Accomplices) 2
Replacement
Clause 113. Section 632-- 3
omit, insert-- 4
5
`Corroboration
`632.(1) A person may be convicted of an offence on the uncorroborated 6
testimony of 1 witness, unless this Code expressly provides to the 7
contrary.35 8
`(2) On the trial of a person for an offence, a judge is not required by any 9
rule of law or practice to warn the jury that it is unsafe to convict the 10
accused on the uncorroborated testimony of 1 witness. 11
`(3) Subsection (1) or (2) does not prevent a judge from making a 12
comment on the evidence given in the trial that it is appropriate to make in 13
the interests of justice, but the judge must not warn or suggest in any way to 14
the jury that the law regards any class of complainants as unreliable 15
witnesses.'. 16
of s 636 (Evidence of blood relationship) 17
Amendment
Clause 114. Section 636(1), definition "prescribed offence", `or 223'-- 18
omit. 19
of s 639 (Evidence on charges of offences against customs 20
Amendment
laws) 21
Clause 115.(1) Section 639, heading-- 22
omit, insert-- 23
`Averments about public officers and public service officers or 24
employees'. 25
35 See section 52 (Sedition), section 57 (False evidence before Parliament, section
117 (False claims), section 125 (Evidence on charge of perjury) and section
195(Evidence).
s 116 83 s 117
Criminal Law Amendment
(2) Section 639, from `particular time an' to `smuggling, is'-- 1
omit, insert-- 2
`particular time a public officer or public service officer or employee is'. 3
(3) Section 639, from `was an officer' to `smuggling, at'-- 4
omit, insert-- 5
`was a public officer or public service officer or employee at'. 6
of s 643 (Intention to defraud) 7
Amendment
Clause 116.(1) Section 643, heading-- 8
omit, insert-- 9
`Intention to injure, deceive or defraud'. 10
of new s 644A 11
Insertion
Clause 117. Chapter 63, after section 644-- 12
insert-- 13
giving incriminating answers 14
`Witness
`644A.(1) A person who is called as a witness in any proceeding for an 15
offence against section 59, 60, 87, 103, 118, 120, 121, 122, 127 or 13336, 16
must not be excused from answering any question relating to the offence on 17
the ground that the answer to the question may incriminate or tend to 18
incriminate himself or herself. 19
`(2) An answer to a question in a proceeding to which this section applies 20
is not admissible in evidence against the person giving the answer other 21
than in the proceeding or in a prosecution for perjury in respect of the 22
answer.'. 23
36 Section 59 (Member of Parliament receiving bribes), 60 (Bribery of member of
Parliament), 87 (Official corruption), 103 (Bribery), 118 (Bargaining for offices
in public service), 120 (Judicial corruption), 121 (Official corruption not judicial
but relating to offences), 122 (Corrupting or threatening jurors), 127 (Corruption
of witnesses) or 133 (Compounding crimes)
s 118 84 s 118
Criminal Law Amendment
of new s 651 1
Insertion
Clause 118. After section 650-- 2
insert-- 3
Court and District Court may decide summary offences 4
`Supreme
`651.(1) If an indictment has been presented against a person before the 5
Supreme Court or a District Court (the "court"), the court may also, 6
subject to subsection (2), hear and decide summarily any charge of a 7
summary offence that has been laid against the person. 8
`(2) The court must not hear and decide the summary offence unless-- 9
(a) the court considers it appropriate to do so; and 10
(b) the accused person is represented by a legal practitioner; and 11
(c) the Crown and the accused consent to the court so doing; and 12
(d) the accused person states his or her intention of entering a plea of 13
guilty to the charge; and 14
(e) the complaint or bench charge sheet for the offence is before the 15
court, whether or not returnable before another court. 16
`(3) Subject to this section, the practices of the court and the express 17
provisions of this Code relating to taking a plea on an indictment apply to 18
the taking of a plea to the charge in a complaint or bench charge sheet. 19
`(4) On convicting the person of the summary offence, the court may 20
make any orders in relation to the conviction a magistrates court may make. 21
`(5) The power to make rules for the court extends to the making of rules 22
in relation to the practice and procedure to be applied in the hearing and 23
decision summarily of summary offences by the court. 24
`(6) If-- 25
(a) the person charged with the summary offence states his or her 26
intention of entering a plea of guilty to the charge; but 27
(b) subsequently states an intention of entering a plea of not guilty to 28
the charge or enters a plea of not guilty to the charge; 29
the court must direct that the charge be heard by a magistrates court and 30
order that the registrar send the relevant court record to the registrar of the 31
relevant magistrates court. 32
s 119 85 s 119
Criminal Law Amendment
to transmit summary charge 1
`Proceedings
`652.(1) A charge for a summary offence may be transmitted to the 2
registry of the Supreme Court or a District Court for the purpose of the 3
charge being dealt with under section 651 at any time despite any limitation 4
in any Act as to the time for commencing proceedings for a summary 5
offence. 6
`(2) If a person charged with committing a summary offence wishes to 7
have the offence heard and decided under section 651, he or she must make 8
written application to the registrar of the relevant magistrates court to 9
transmit the relevant complaint or bench charge sheet to the registrar of the 10
Supreme Court or District Court. 11
`(3) An application under subsection (2) must be a written statement 12
signed by the applicant containing at least-- 13
(a) a declaration by that person under the Oaths Act 1867; and 14
(b) the following information-- 15
(i) the charge to be transmitted; 16
(ii) the defendant's intention to plead guilty to the offence 17
charged; 18
(iii) that the defendant wishes to have the charge transferred to 19
the Supreme Court or District Court for no other reason than 20
to plead guilty to the charge. 21
`(4) On being satisfied that the application fulfils the requirements of this 22
section the registrar of the relevant magistrates court must transmit, by any 23
secure and expeditious means, the relevant complaint or bench charge sheet 24
or copy to the registrar of the Supreme Court or District Court. 25
`(5) On the final decision of the transmitted charge by the Supreme Court 26
or District Court, the registrar of the relevant court must, within 1 calender 27
month, notify the result of the decision to the registrar of the relevant 28
magistrates court and no further appearance is required in that court by any 29
party to the proceeding.'. 30
of s 669A (Appeal by Attorney-General) 31
Amendment
Clause 119.(1) Section 669A-- 32
s 119 86 s 119
Criminal Law Amendment
insert-- 1
`(1A) The Attorney-General may appeal to the court against an order 2
staying proceedings or further proceedings on an indictment.'. 3
(2) Section 669A(2), after `if'-- 4
insert-- 5
`the person charged has been'. 6
(3) Section 669A(2)(a) and (b), `the person has been'-- 7
omit. 8
(4) Section 669A(2)-- 9
insert-- 10
`(c) convicted, following a determination of the court of trial on that 11
point of law-- 12
(i) of a charge other than the charge that was under 13
consideration when the point of law arose; or 14
(ii) of the same charge with or without a circumstance of 15
aggravation.'. 16
(5) Section 669A(2A)-- 17
insert-- 18
`(c) convicted, following a determination of the court of trial on that 19
point of law-- 20
(i) of a charge other than the charge that was under 21
consideration when the point of law arose; or 22
(ii) of the same charge with or without a circumstance of 23
aggravation.'. 24
(6) Section 669A(4)(b)-- 25
omit, insert-- 26
`(b) if the person so desires, by the person acquitted or discharged or 27
by counsel on his or her behalf;'. 28
(7) Section 669A(5), after `acquitted'-- 29
insert-- 30
s 120 87 s 122
Criminal Law Amendment
`or convicted'. 1
(8) Section 669A(5), after `acquittal'-- 2
insert-- 3
`or conviction'. 4
repealed 5
Provisions
Clause 120. Each provision specified in schedule 1 is repealed. 6
PART 4--OTHER ACTS REPEALED OR AMENDED 7
repealed 8
Act
Clause 121. The Criminal Code 1995 is repealed. 9
Acts amended 10
Other
Clause 122. Schedule 2 amends the Acts mentioned in it. 11
88
Criminal Law Amendment
CHEDULE 1 1
¡S
PROVISIONS OF CRIMINAL CODE REPEALED 2
section 120 3
Section 32 (Compulsion of husband) 4
Section 33 (No conspiracy between husband and wife alone) 5
Section 35 (Liability of husband and wife for offences committed by either 6
with respect to the other's property) 7
Chapter 6 (Treason and other offences against the Sovereign's person and 8
authority) 9
Section 50 (Effect of prosecution) 10
Section 53 (Defamation of foreign princes) 11
Section 67 (Smuggling or rescuing goods under arms) 12
Section 68 (Smuggling under arms or in disguise) 13
Section 76 (Assembling for the purpose of smuggling) 14
Section 84 (Disclosure of secrets relating to defences by public officers) 15
Section 86 (Disclosure of other official secrets) 16
Section 145C (Summary proceedings) 17
Chapter 18 (Offences relating to the coin) 18
Chapter 19 (Offences relating to posts and telegraphs) 19
Section 196 (Shooting at customs boats or officers) 20
Section 197 (Resisting officers engaged in preventing smuggling) 21
Section 198 (Resisting customs officers) 22
Section 223 (Incest by adult female) 23
Section 229A (Indictable offences against morality that may be dealt with 24
summarily) 25
89
Criminal Law Amendment
SCHEDULE 1 (continued)
Section 229P (Summary proceedings) 1
Section 237 (False information as to health of foreign ships) 2
Section 244 (Fraudulent destruction or removal of goods liable to duty) 3
Chapter 31 (Assaults punishable on summary conviction), heading 4
Section 341 (Jurisdiction of justices) 5
Section 342 (Some assaults not to be so dealt with) 6
Section 343A (Assaults occasioning bodily harm) 7
Section 344 (Aggravated assaults) 8
Section 359B (Summary proceedings for unlawful stalking) 9
Section 408B (Indictable offences relating to user or possession of motor 10
vehicles, aircraft or vessels that may be dealt with summarily) 11
Section 420 (Entering dwelling house with intent to commit an indictable 12
offence) 13
Section 422 (Breaking into places with intent to commit indictable offences) 14
Section 425A (Definitions for purposes of Chapter) 15
Section 426 (Definition) 16
Section 427 (Obtaining goods or credit by false pretence or wilfully false 17
promise) 18
Section 428 (Obtaining execution of valuable security by a false pretence or 19
wilfully false promise) 20
Section 429 (Cheating) 21
Section 442H (Offences) 22
Chapter 43 (Summary conviction for stealing and like indictable offences) 23
Section 449 (Time for prosecution) 24
Chapter 47 (Summary conviction for certain offences) 25
Section 485 (Further definitions) 26
Section 486 (Definition of forgery) 27
90
Criminal Law Amendment
SCHEDULE 1 (continued)
Section 487 (Certain matters immaterial) 1
Section 489 (Uttering false documents and counterfeit seals) 2
Section 490 (Uttering cancelled or exhausted documents) 3
Section 491 (Uttering cancelled stamps) 4
Section 505 (Sending false telegrams) 5
Section 511 (Counterfeit stamps) 6
Section 512 (Paper for postal purposes) 7
Section 513 (Paper and dies for postage stamps) 8
Chapter 53 (Fraudulent debtors) 9
Section 531 (Concealment by officers of companies on reduction of capital) 10
Section 532 (Falsification of books of companies) 11
Section 556 (Summary convictions--time) 12
Section 633 (Evidence on charge of treason) 13
Section 681 (Seizure of counterfeit coin, tools for coining etc.) 14
Section 696 (Names of jury to be given to person charged with treason or 15
concealment of treason) 16
Section 698 (Committal of fraudulent debtors). 17
91
Criminal Law Amendment
CHEDULE 2 1
¡S
OTHER ACTS AMENDED 2
section 122 3
BAIL ACT 1980 4
´
1. Section 20(3A)(a)(i), `during the sittings specified in the 5
undertaking'-- 6
omit. 7
CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 8
´
1. Section 3, definitions "prescribed sexual offence" and "report"-- 9
omit. 10
2. Section 3-- 11
insert-- 12
` "prescribed sexual offence" means any of the following offences-- 13
(a) rape; 14
(b) attempt to commit rape; 15
(c) assault with intent to commit rape; 16
(d) a sexual assault defined in the Criminal Code, section 337.37 17
"report" means an account in writing and an account broadcast or 18
distributed in any way in or as sound or visual images.'. 19
37 Criminal Code, section 337 (Sexual assaults)
92
Criminal Law Amendment
SCHEDULE 2 (continued)
ISTRICT COURTS ACT 1967 1
´D
1. Section 61(2), after `419,'-- 2
insert-- 3
`421,'. 4
VIDENCE ACT 1977 5
´E
1. Section 93A, heading, after `12 years'-- 6
omit, insert-- 7
`or intellectually impaired person'. 8
2. Section 93A, after `12 years'-- 9
insert-- 10
`or an intellectually impaired person'. 11
3. Section 93A(1)(b) and (c) and (2), after `child'-- 12
insert-- 13
`or intellectually impaired person'. 14
4. Section 93A-- 15
insert-- 16
`(5) A person is an "intellectually impaired person" if the person has a 17
disability-- 18
(a) that is attributable to an intellectual, psychiatric, cognitive or 19
neurological impairment or a combination of these; and 20
93
Criminal Law Amendment
SCHEDULE 2 (continued)
(b) that results in-- 1
(i) a substantial reduction of the person's capacity for 2
communication, social interaction or learning; and 3
(ii) the person needing support.'. 4
5. After section 132-- 5
insert-- 6
`Admissibility of similar fact evidence 7
132A. In a criminal proceeding, similar fact evidence, the probative value 8
of which outweighs its potentially prejudicial effect, must not be ruled 9
inadmissible on the ground that it may be the result of collusion or 10
suggestion, and the weight of that evidence is a question for the jury, if 11
any.'. 12
JUSTICES ACT 1886 13
´
1. Section 108(1), `until the sittings of the court before which the 14
defendant is to be tried, or'-- 15
omit. 16
2. Section 113(1), `until the sittings of that court, or'-- 17
omit. 18
3. Section 126(1)(a), `sittings of a'-- 19
omit. 20
21
94
Criminal Law Amendment
SCHEDULE 2 (continued)
4. Section 147A-- 1
omit. 2
UVENILE JUSTICE ACT 1992 3
´J
1. Section 8(2)(a)-- 4
omit, insert-- 5
`(a) the Criminal Code, section 552B(1)(a)38 on a charge of receiving, 6
or the Criminal Code, section 552B(1)(e); or'. 7
2. Section 98-- 8
omit, insert-- 9
`Correction of error by court making order 10
`98.(1) The Penalties and Sentences Act 1992, section 18839 applies to a 11
Childrens Court Judge and a Childrens Court Magistrate. 12
`(2) For the Penalties and Sentences Act 1992, section 188(5)(b), a party 13
to the proceeding includes, if the defendant affected is a child, the chief 14
executive or the commission acting in the interests of the child. 15
`(3) This section does not affect the power of a court under another 16
section of this division.'. 17
18
38 Criminal Code, section 522B (Charges of indictable offences that may be dealt
with summarily)
39 Penalties and Sentences Act 1992, section 188 (Court may reopen sentencing
proceedings)
95
Criminal Law Amendment
SCHEDULE 2 (continued)
ENTAL HEALTH ACT 1974 1
´M
1. Section 28A, definition "unsoundness of mind", after `Criminal 2
Code'-- 3
insert-- 4
`, but does not include a state of mind resulting, to any extent, from 5
intentional intoxication or stupefaction alone or in combination with some 6
other agent at or about the time of the alleged offence'. 7
2. Section 28D(2), `intends to'-- 8
omit, insert-- 9
`may'. 10
3. Section 43A(3)-- 11
omit, insert-- 12
`(3) An appeal to the Court of Appeal against a decision of the Mental 13
Health Tribunal may be instituted by-- 14
(a) the person to whose mental condition the decision relates; or 15
(b) the Attorney-General.'. 16
4. Section 43A(4), `28 days'-- 17
omit, insert-- 18
`1 calendar month'. 19
96
Criminal Law Amendment
SCHEDULE 2 (continued)
PENALTIES AND SENTENCES ACT 1992 1
´
1. After section 13-- 2
insert-- 3
`Cooperation with law enforcement authorities to be taken into 4
account 5
`13A.(1) This section applies for a sentence that is to be reduced by the 6
sentencing court because the offender has undertaken to cooperate with law 7
enforcement agencies in a proceeding about an offence, including a 8
confiscation proceeding. 9
`(2) The undertaking must be in a written declaration. 10
`(3) The court must-- 11
(a) cause the written undertaking and the sentencing remarks under 12
paragraph (b) to be sealed and placed on the court file with an 13
order that it may only be opened by an order of the court, 14
including on an application to re-open the sentencing proceedings 15
under section 188(2)40; and 16
(b) state in closed court-- 17
(i) that the sentence is being reduced under this section; and 18
(ii) the sentence it would otherwise have imposed.'. 19
2. Replacement of section 188 (Supreme or District Court may reopen 20
proceeding to correct sentencing errors)-- 21
omit, insert-- 22
`Court may reopen sentencing proceedings 23
`188.(1) If a court has in, or in connection with, a criminal proceeding, 24
including a proceeding on appeal-- 25
40 Section 188 (Court may reopen sentencing proceedings)
97
Criminal Law Amendment
SCHEDULE 2 (continued)
(a) imposed a sentence that is not in accordance with the law; or 1
(b) failed to impose a sentence that the court legally should have 2
imposed; or 3
(c) imposed a sentence decided on a clear factual error of substance; 4
the court, whether or not differently constituted, may reopen the proceeding. 5
`(2) Also, if-- 6
(a) a court has, in or in connection with, a criminal proceeding 7
reduced a sentence because the offender has undertaken in a 8
written declaration to cooperate with law enforcement agencies in 9
a proceeding about an offence, including a confiscation 10
proceeding; and 11
(b) the offender, without reasonable excuse, does not cooperate under 12
the undertaking; 13
the court, whether or not differently constituted, may reopen the proceeding. 14
`(3) If a court reopens a proceeding, it-- 15
(a) must give the parties an opportunity to be heard; and 16
(b) may resentence the offender-- 17
(i) for a reopening under subsection (1)(a)-- to a sentence in 18
accordance with law; or 19
(ii) for a reopening under subsection (1)(b)-- to a sentence the 20
court legally should have imposed; or 21
(iii) for a reopening under subsection (1)(c)-- to a sentence that 22
takes into account the factual error; or 23
(iv) for a reopening under subsection (2)-- to a sentence under 24
subsection (4); and 25
(c) may amend any relevant conviction or order to the extent 26
necessary to take into account the sentence imposed under 27
paragraph (b). 28
`(4) On an application under subsection (2)-- 29
98
Criminal Law Amendment
SCHEDULE 2 (continued)
(a) if the court is satisfied that the offender has completely failed to 1
cooperate, the court must resentence the offender having regard to 2
the sentence that would otherwise have been imposed if an 3
undertaking under section 13A41 had not been given; or 4
(b) if the court is satisfied that the offender has partly failed to 5
cooperate, the court may substitute for the reduced sentence the 6
sentence it considers appropriate, not greater than the sentence that 7
would have been imposed if the undertaking had not been given. 8
`(5) The court may reopen the proceeding-- 9
(a) on its own initiative at any time; or 10
(b) for a reopening under subsection (1)--on the application of a 11
party to the proceeding made within-- 12
(i) 28 days after the day the sentence was imposed; or 13
(ii) any further time the court may allow on application at any 14
time; or 15
(c) for a reopening under subsection (2)--on the application of the 16
prosecution made at any time, whether or not the appeal period 17
under the Criminal Code, section 671(2)42 has expired. 18
`(6) Subject to subsection (7), this section does not affect any right of 19
appeal. 20
`(7) For an appeal under any Act against a sentence imposed under 21
subsection (3) or (4), the time within which the appeal must be made starts 22
from the day the sentence is imposed under subsection (3) or (4). 23
`(8) This section applies to a sentence imposed, or required to be 24
imposed, whether before or after the commencement of this section.'. 25
41 Section 13A (Cooperation with law enforcement authorities to be taken into
account)
42 Criminal Code, section 671 ( Time for appealing)
99
Criminal Law Amendment
SCHEDULE 2 (continued)
AGRANTS, GAMING AND OTHER OFFENCES 1
´V
ACT 1931 2
1. Section 2-- 3
insert-- 4
` "graffiti instrument" means a spray-paint can or another applying, 5
scratching or etching implement. 6
"graffiti offence" means an offence to which the Criminal Code, 7
section 46943, punishment in special cases, clause 9, applies. 8
"spray-paint can" means a container capable of propelling or otherwise 9
applying paint.'. 10
2. Part 4, after section 37B-- 11
insert-- 12
`Possession of a graffiti instrument 13
`37C.(1) A person must not without lawful excuse, the proof of which 14
lies on him or her, possess a graffiti instrument under circumstances that 15
give rise to a reasonable suspicion that the instrument has been used or is 16
intended to be used to commit a graffiti offence. 17
Maximum penalty--70 penalty units or 2 years imprisonment. 18
`(2) The court may-- 19
(a) whether or not it imposes any other penalty for the offence, order 20
the offender to perform community service under the Penalties 21
and Sentences Act 1992, part 5 division 244 including, for 22
example, removing graffiti from property; or 23
43 Criminal Code, section 469 (Wilful damage)
44 Penalties and Sentences Act 1992 , part 5 (Intermediate orders), division 2
(Community service orders)
100
Criminal Law Amendment
SCHEDULE 2 (continued)
(b) whether or not it imposes any penalty for the offence, order the 1
offender to pay compensation to any person under the Penalties 2
and Sentences Act 1992, part 3, division 4.45'. 3
© State of Queensland 1996
45 Penalties and Sentences Act 1992, part 3 (Releases, restitution and
compensation), division 4 (Orders for restitution and compensation)
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