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Crimes (Contamination of Goods) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 states that the purpose of the Act is to amend the contamination
of goods offences in the Crimes Act 1958 to add recklessness as
a fault element of those offences.
Clause 2 provides that the Act comes into operation the day after it
receives Royal Assent.
Clause 3 inserts a new heading to section 249 of the Crimes Act 1958 and
amends that section by inserting that it is also an offence for a
person to contaminate goods where the person is reckless as to
whether the contamination will cause public alarm or anxiety or
economic loss through public awareness of the contamination.
Clause 4 inserts a new heading to section 250 of the Crimes Act 1958 and
amends that section by--
· inserting that it is also an offence for a person to make a
threat to contaminate goods where the person is reckless
as to whether the threat will cause public alarm or
anxiety or economic loss through public awareness of
the threat; and
· substituting "threat" for "contamination" in
sub-section (1)(b) to clarify what the public is aware
of that occasions the economic loss.
Clause 5 inserts a new heading to section 251 of the Crimes Act 1958 and
amends that section by--
· inserting that it is also an offence for a person to make a
false statement concerning the contamination of goods
where the person is reckless as to whether the statement
will cause public alarm or anxiety or economic loss
through public awareness of the statement; and
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· substituting "statement" for "contamination" in
sub-section (1)(b)(ii) to clarify what the public is
aware of that occasions the economic loss.
Clause 6 amends section 252 of the Crimes Act 1958 to provide that,
where a person is reckless as to whether the person's
contamination of goods (section 249), threat to contaminate
goods (section 250), or false statement inducing others to believe
goods have been contaminated (section 251) cause public alarm
or anxiety or economic loss in Victoria, that conduct need not
occur in Victoria.
Clause 7 inserts a new section 602 in the Crimes Act 1958 that provides
that the offences as amended by clauses 3, 4 and 5 only apply
to alleged conduct after the amendments have commenced
operation. In addition, the clause provides that, where conduct
is alleged to have occurred in a period of time straddling the
commencement of the amended offences, the conduct is deemed
to have occurred before that commencement.
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