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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2016
A Bill for
An Act to amend legislation about crime, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Crimes Legislation Amendment Act 2016.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
.
Part 2 Crimes (Child Sex Offenders) Act 2005
4 Entry and search
warrant—application
Section 116C (3) (a)
substitute
(a) the immediate use of an entry and search warrant is necessary—
(i) for the purpose of verifying the offender’s personal details; or
(ii) if the registrable offender is subject to an order under chapter 5A
(Orders prohibiting offender conduct)—because the offender has breached,
or is likely to breach, the order; and
Part 3 Crimes (Sentence Administration) Act 2005
5 Automatic cancellation of parole
order for ACT offence
Section 149 (1)
substitute
(1) This section applies if, while an offender’s parole order is in force, the offender—
(a) commits an offence against a territory law that is punishable by imprisonment; and
(b) is convicted or found guilty by a court of the offence.
Part 4 Crimes (Sentencing) Act 2005
6 Non-association and place restriction
orders—when may be made
Section 23 (4), definition of
relevant offence,
paragraphs (a) to (c)
substitute
(a) an offence against the Criminal Code
, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or
(b) an offence against the Criminal Code
, chapter 6 (Serious drug offences); or
(c) an offence against the Criminal Code
, chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or
(ca) an offence against the Firearms Act 1996
that is punishable by imprisonment for 20 years or more; or
(cb) an offence against the Crimes Act 1900
, section 114B (Money laundering); or
in division 3.9.2, insert
369A Alternative verdicts—aggravated robbery and robbery
(1) This section applies if, in a prosecution for aggravated robbery, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed robbery.
(2) The trier of fact may find the defendant guilty of robbery, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
369B Alternative verdicts—aggravated burglary and burglary
(1) This section applies if, in a prosecution for aggravated burglary, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed burglary.
(2) The trier of fact may find the defendant guilty of burglary, but only if
the defendant has been given procedural fairness in relation to that finding of
guilt.
8 Offences against
Act—application of Criminal Code etc
Section 4, note 1, 7th dot
point
omit
(1) and
9 Restrictions where alcohol or other
drugs concerned
Section 242 (1)
substitute
(1) A person commits an offence if the person—
(a) is under the influence of alcohol or another drug; and
(b) either—
(i) has a firearm in the person’s physical possession; or
(ii) uses a firearm.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
insert
(4) In this section:
physical possession—see section 10 (1) (a).
11 Disposal of surrendered or seized
firearms
Section 262 (1)
substitute
(1) This section applies in relation to a firearm surrendered to or seized by a police officer under this Act or any other territory law.
12 Licence categories and authority
conferred
Schedule 3, item 7, column 5
substitute
to—
(a) acquire, dispose of, possess, repair, maintain, manufacture,
or store, in the course of carrying on the business of a firearms dealer, and
only at the registered premises, any firearm to which the licence applies;
and
(b) acquire or dispose of ammunition for those firearms; and
(c) test
those firearms—
(i) at the registered premises; or
(ii) at an
approved shooting range; or
(iii) on rural land with the permission of the
owner or occupier of the land; or
(iv) on public unleased land in accordance
with a permit under the Public Unleased Land Act 2013
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 15 December 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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