Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Loitering near places frequented by children 2
4. New section 590 inserted 3
590. Transitional provision--Crimes (Amendment) Act 1998 4
5. New sections 248 to 252 substituted 4
248. Interpretation 4
249. Contaminating goods with intent to cause public alarm or
economic loss 5
250. Threatening to contaminate goods with intent to cause
public alarm or economic loss 5
251. Making false statements concerning contamination of
goods with intent to cause public alarm or economic loss 6
252. Territorial nexus for offences 6
6. Amendment of section 360A 7
NOTES 9
i
532150B.I1-6/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Crimes Act 1958 and for other purposes.
Crimes (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to make further provision for offences
relating to loitering near places frequented
5 by children;
(b) to make further provision for offences
relating to the contamination of goods;
(c) to make further provision relating to legal
representation of an accused.
1
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on the day on which it receives the
Royal Assent.
5 (2) Section 5 comes into operation on 1 January 1999.
3. Loitering near places frequented by children
No. 6231. (1) In section 60B of the Crimes Act 1958 for sub-
Reprint No. 14
section (1) substitute--
as at 1 July
1998.
'(1) In this section, "sexual offence" means--
10 (a) an offence against section 38, 39, 40,
44(1), 44(2), 44(4), 45, 46, 47, 47A, 48,
49, 55 or 56; or
(b) any offence specified in clause 8, 9, 10
or 12 of Schedule 8; or
15 (c) an offence of conspiracy to commit,
incitement to commit or attempting to
commit an offence referred to in
paragraph (a) or (b).'.
(2) In section 60B(2) of the Crimes Act 1958--
20 (a) in paragraph (a) after sub-paragraph (i)
insert--
"(ia) an offence against--
(A) section 5, 6, 7 or 11 of the
Prostitution Control Act 1994;
25 or
(B) section 6, 7, 8 or 9 of the
Prostitution Regulation Act
1986; or
(C) section 59(1)(a) or (b) or 60
30 inserted in this Act on 1 March
1981 by section 5 of the Crimes
(Sexual Offences) Act 1980 and
2
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 4
Act No.
repealed on 5 August 1991 by
section 3 of the Crimes (Sexual
Offences) Act 1991; or";
(b) for "a summary offence punishable on
5 conviction by level 8 imprisonment (1 year
maximum) or a level 8 fine (120 penalty
units maximum)" substitute "an offence".
(3) In section 60B of the Crimes Act 1958, after sub-
section (2) insert--
10 "(2A) An offence against sub-section (2) is--
(a) an indictable offence for which the
offender is liable to level 6
imprisonment (5 years maximum) or a
level 6 fine (600 penalty units
15 maximum) if at the time of the
commission of the offence the offender
had previously been sentenced as a
serious sexual offender (within the
meaning of Part 2A of the Sentencing
20 Act 1991) for a sexual offence (within
the meaning of that Part) or a violent
offence (within the meaning of that
Part); or
(b) a summary offence for which the
25 offender is liable to level 7
imprisonment (2 years maximum) or a
level 7 fine (240 penalty units
maximum) in any other case.".
4. New section 590 inserted
30 After section 589 of the Crimes Act 1958
insert--
3
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 5
Act No.
"590. Transitional provision--Crimes
(Amendment) Act 1998
(1) The amendments of section 60B of this Act
made by section 3 of the Crimes
5 (Amendment) Act 1998 apply only to
offences alleged to have been committed
after the commencement of section 3.
(2) If an offence is alleged to have been
committed between two dates and section 3
10 of the Crimes (Amendment) Act 1998
commences on a date between those two
dates, for the purposes of sub-section (1) the
offence must be taken to have been alleged
to have been committed before the
15 commencement of that section.".
5. New sections 248 to 252 substituted
For section 248 of the Crimes Act 1958
substitute--
'248. Interpretation
20 (1) In this Division--
"contaminate", in relation to goods,
includes--
(a) interfere with the goods; or
(b) making it appear that the goods
25 have been contaminated or
interfered with;
"goods" includes any substance--
(a) whether or not for human
consumption; and
4
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 5
Act No.
(b) whether natural or manufactured;
and
(c) whether or not incorporated or
mixed with other goods.
5 (2) In this Division, a reference to economic loss
caused through public awareness of the
contamination of goods includes a reference
to economic loss caused through--
(a) members of the public not purchasing
10 or using those goods or similar goods;
or
(b) steps taken to avoid public alarm or
anxiety or to avoid harm to members of
the public.
15 249. Contaminating goods with intent to cause
public alarm or economic loss
A person must not contaminate goods with
the intention of--
(a) causing public alarm or anxiety; or
20 (b) causing economic loss through public
awareness of the contamination.
Penalty: Level 5 imprisonment (10 years
maximum) or a level 5 fine
(1200 penalty units maximum) or
25 both.
250. Threatening to contaminate goods with
intent to cause public alarm or economic
loss
(1) A person must not make a threat that goods
30 will be contaminated with the intention of--
(a) causing public alarm or anxiety; or
5
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 5
Act No.
(b) causing economic loss through public
awareness of the contamination.
Penalty: Level 5 imprisonment (10 years
maximum) or a level 5 fine
5 (1200 penalty units maximum) or
both.
(2) For the purposes of this section, a threat may
be made by any conduct, and may be explicit
or implicit and conditional or unconditional.
10 251. Making false statements concerning
contamination of goods with intent to cause
public alarm or economic loss
(1) A person must not make a statement that the
person believes to be false--
15 (a) with the intention of inducing the
person to whom the statement is made
or others to believe that goods have
been contaminated; and
(b) with the intention of thereby--
20 (i) causing public alarm or anxiety;
or
(ii) causing economic loss through
public awareness of the
contamination.
25 Penalty: Level 5 imprisonment (10 years
maximum) or a level 5 fine
(1200 penalty units maximum) or
both.
(2) For the purposes of this section, making a
30 statement includes conveying information by
any means.
252. Territorial nexus for offences
6
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 6
Act No.
It is immaterial that the conduct of a person
constituting an offence under this Division
occurred outside Victoria, so long as the
person intended by that conduct--
5 (a) to cause public alarm or anxiety in
Victoria; or
(b) to cause economic loss in Victoria
through public awareness of the
contamination.'.
10 6. Amendment of section 360A
After section 360A(3) of the Crimes Act 1958
insert--
"(4) Despite anything to the contrary in sub-
section (2)--
15 (a) if the court is satisfied that, in relation
to the trial, the accused has engaged in
vexatious or unreasonable conduct that
has contributed to the accused's
inability to afford the full cost of
20 obtaining from a private practitioner
legal representation in the trial, the
court may refuse to make an order
under sub-section (2);
(b) the legal burden of proof for the
25 purposes of sub-section (2)(b) that the
accused is unable to afford the full cost
of obtaining legal representation rests
on the accused;
(c) for the purposes of proving under sub-
30 section (2)(b) that the accused is unable
to afford the full cost of obtaining legal
representation, regard must be had to
property--
(i) that is subject to the effective
35 control of the accused (whether or
7
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
s. 6
Act No.
not the accused has an interest in
it); or
(ii) in which the accused has an
interest--
5 as determined in accordance with
section 9 or 10 of the Confiscation Act
1997;
(d) a reference in sub-section (2) to the
provision of assistance to the accused is
10 a reference to the provision of legal
representation;
(e) the conditions that may be specified by
the court under sub-section (2) do not
include conditions relating to the
15 identity, number or remuneration of
persons representing the accused;
(f) the court must give Victoria Legal Aid
an opportunity to appear and be heard
before an order is made under sub-
20 section (2).
(5) Despite anything to the contrary in section
17A of the Supreme Court Act 1986,
Victoria Legal Aid may appeal to the Court
of Appeal, with leave of the Court of Appeal,
25 from an order under sub-section (2) of the
Trial Division constituted by a Judge.
(6) This section, as amended by section 6 of the
Crimes (Amendment) Act 1998, applies to
and with respect to an order made by a court
30 under sub-section (2) of this section after the
commencement of that section, whether
proceedings relating to the relevant trial
commenced before or after that
commencement.".
35
8
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
9
532150B.I1-6/10/98
Crimes (Amendment) Act 1998
Act No.
10
532150B.I1-6/10/98
[Index] [Search] [Download] [Related Items] [Help]