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Vagrancy (Repeal) and Summary Offences
(Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Act, which is to repeal the Vagrancy
Act 1966 and re-enact certain provisions in the Summary
Offences Act 1966 and the Crimes Act 1958.
Clause 2 provides that the Act will commence on the day after the day on
which it receives the Royal Assent.
Clause 3 repeals the Vagrancy Act 1966.
Clause 4 inserts new section 19 into the Summary Offences Act 1966
which re-enacts the offence of obscene exposure currently in
section 7(1)(c) of the Vagrancy Act 1966. There is a maximum
penalty of 2 years imprisonment.
Clause 5 inserts new Division 8 into Part I of the Summary Offences Act
1966 containing the following offences--
· section 49A: begging or gathering alms. This provision
re-enacts the offence (currently in section 6(1)(d) of the
Vagrancy Act 1966) of begging or gathering alms, or
causing, procuring or encouraging a child to beg or
gather alms. For clarity, the offence is split into
2 offences, each punishable by a maximum of
12 months imprisonment;
· section 49B: loitering with intent. This provision
re-enacts the offence (currently in section 7(1)(f) of the
Vagrancy Act 1966) of loitering in a public place with
intent to commit an indictable offence;
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· section 49C: being disguised with unlawful intent.
This provision re-enacts the offences (currently in
sections 6(1)(f) and 7(1)(h) of the Vagrancy Act 1966)
of being disguised or having an article of disguise with
unlawful intent;
· section 49D: possessing housebreaking implements.
This provision re-enacts the offence (currently in
section 7(1)(g) of the Vagrancy Act 1966) of having
housebreaking implements without lawful excuse.
As with the current offence, the defendant has the
burden of proving a lawful excuse;
· section 49E: escaping from lawful custody.
This provision re-enacts the offence (currently in
section 8(b) of the Vagrancy Act 1966) of escaping or
attempting to escape from lawful custody;
· section 49F: consorting. This provision re-enacts the
offence (currently in section 6(1)(c) of the Vagrancy
Act 1966) of habitually consorting without reasonable
excuse. However, whereas the current offence refers to
habitually consorting with reputed thieves, the new
offence refers to habitually consorting with persons
found guilty or reasonably suspected of an organised
crime offence. This is defined in the same way as in the
Major Crime (Investigatory Powers) Act 2004.
As with the current offence, the defendant has the
burden of proving a reasonable excuse.
The maximum penalty for each of the offences in sections 49B to
49F is 2 years imprisonment.
Clause 6 inserts new section 31B into the Crimes Act 1958. This section
re-enacts the offence of being armed with criminal intent which
is currently in section 8(a) of the Vagrancy Act 1966.
The maximum penalty is 5 years imprisonment.
Clause 7 makes a consequential amendment to section 60B(2) of the
Crimes Act 1958, so that the re-enacted offence of obscene
exposure (see clause 4 above) is included as a "sexual offence"
for the purposes of that section.
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