Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Legislation amended
(see s 3)
Part 1.1 Confiscation of Criminal Assets Act 2003
[1.1] Part 3, note 1, dot point
omit
• "indictable offence"—see s 13 (2)
[1.2] Part 3, note 1, dot point
omit
• "ordinary indictable offence"—see s 13 (2)
substitute
• "ordinary offence"—see s 13 (2)
[1.3] Part 3, note 1, new dot point
insert
• "relevant offence"—see s 13 (2)
substitute
(2) In this Act:
"ordinary offence" means a relevant offence other than a serious offence.
"relevant offence"—
(a) means an offence punishable by imprisonment for longer than 12 months; and
(b) includes an offence (however described) against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (or in a way corresponding to the way in which an indictable offence against an ACT law may be dealt with), even if it may also be dealt with as a summary offence (however described) in some circumstances.
Note An offence against an ACT law is an indictable offence if it is punishable by imprisonment for longer than 2 years, or is declared by law to be an indictable offence (see Legislation Act, s 190 (1)).
"serious offence" means—
(a) an offence punishable by imprisonment for 5 years or longer; or
(b) any other offence prescribed by regulation.
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omit
omit
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[1.9] Dictionary, note 2, dot point
omit
• indictable offence
[1.10] Dictionary, definition of indictable offence
omit
[1.11] Dictionary, definition of ordinary indictable offence
substitute
"ordinary offence"—see section 13 (2).
[1.12] Dictionary, new definition of relevant offence
insert
"relevant offence"—see section 13 (2).
[1.13] Further amendments, mentions of indictable offence and ordinary indictable offence
column 1 item | column 2 provision | column 3 omit | column 4 substitute |
|---|---|---|---|
| 1 | section 9, note 2 | an indictable offence | a relevant offence |
| 2 | section 9, note 4 | an indictable offence | a relevant offence |
| 3 | section 12 (2), example | an indictable offence | a relevant offence |
| 4 | section 16 | an indictable offence | a relevant offence |
| 5 | section 27 (2) | ordinary indictable offence |
ordinary offence |
| 6 | section 29 (1) (a) | indictable offence | relevant offence |
| 7 | section 29 (1) (b) | stated indictable offence | stated relevant offence |
| 8 | section 29 (1) (b) (i) | ordinary indictable offence | ordinary offence |
| 9 | section 29 (1) (b) (i) | related indictable offence | related relevant offence |
| 10 | section 31 (2) (b) (i) | ordinary indictable offence | ordinary offence |
| 11 | section 31 (2) (b) (i) | related indictable offence | related relevant offence |
| 12 | section 47 heading | ordinary indictable offences | ordinary offences |
| 13 | section 47 (1) |
ordinary indictable offence | ordinary offence |
| 14 | section 47 (3), notes | ordinary indictable offences | ordinary offences |
|
15 | section 47 (6) | ordinary indictable offence | ordinary offence |
16 | table 47 heading | ordinary indictable offences | ordinary offences |
17 | section 48 (5) (b) | ordinary indictable offences | ordinary offences |
| 18 | section 49 (1) | an indictable offence | a relevant offence |
| 19 | section 52 | an indictable offence | a relevant offence |
20 | section 53 | an indictable offence | a relevant offence |
| 21 |
section 54 (1) | indictable offence | relevant offence |
| 22 |
section 76 heading | ordinary indictable offences | ordinary offences |
|
23 | section 76 (1) | ordinary indictable offence | ordinary offence |
24 | section 76 (4) (b) and (d) | relevant indictable offence |
relevant offence |
| 25 | section 83 (1) | an indictable offence | a relevant offence |
| 26 | section 84 heading | ordinary indictable offences | ordinary offences |
| 27 | section 84 (1) | ordinary indictable offence | ordinary offence |
| 28 | section 91 heading | ordinary indictable offence | ordinary offence |
| 29 | section 91 (1) |
ordinary indictable offence | ordinary offence |
| 30 | section 91 (1) | ordinary indictable offences | ordinary offences |
| 31 | section 91 (2), example | ordinary indictable offence | ordinary offence |
|
32 | section 93 (2), example 2 | ordinary indictable offence |
ordinary offence |
| 33 | section 95, example | ordinary indictable offence | ordinary offence |
| 34 | section 98 (a) | ordinary indictable offences | ordinary offences |
| 35 | section 129 (2) (a) | an indictable offence | a relevant offence |
| 36 | section 142 (1) (a) | an indictable offence | a relevant offence |
| 37 |
section 157 (a) (ii) | an indictable offence | a relevant offence |
38 | section 158 (2) (a) | an indictable offence | a relevant offence |
| 39 | section 158 (2), note | An indictable offence | A relevant offence |
| 40 | section 164, definition of "investigation", paragraph (a) (ii) | an indictable offence | a relevant offence |
| 41 | section 190 (4) | an indictable offence | a relevant offence |
| 42 |
section 195, definition of "target material", paragraphs (b) and (d) |
an indictable offence | a relevant offence |
| 43 | section 202 (1) (c) | an indictable offence | a relevant offence |
| 44 |
section 239 (3) (b) | an indictable offence | a relevant offence |
45 | section 239 (3), example | an indictable offence | a relevant offence |
| 46 | section 249 | an indictable offence | a relevant offence |
Part 1.2 Corrections Management Act 2007
omit
indictable offences against ACT laws.
substitute
offences against ACT laws punishable by imprisonment for longer than 12 months.
Part 1.3 Crimes Act 1900
substitute
22 Assault with intent to commit other offence
omit
[1.17] Section 49, table 49, item 6, column 2
omit
(Assault with intent to commit indictable offence)
substitute
(Assault with intent to commit other offence)
[1.18] Section 114A, definition of proceeds of crime , paragraphs (a) and (b) (ii)
omit
an indictable offence
substitute
an offence punishable by imprisonment for longer than 12 months
[1.19] Section 185, definition of evidential material
substitute
"evidential material" means a thing relevant to an offence, including a thing in electronic form.
[1.20] Section 185, new definition of serious offence
insert
"serious offence "means an offence punishable by imprisonment for longer than 12 months.
[1.21] Section 185, definitions of thing relevant to an indictable offence and thing relevant to a summary offence
substitute
"thing relevant to" an offence means—
(a) anything in relation to which the offence has been committed or is suspected on reasonable grounds to have been committed; or
(b) anything suspected on reasonable grounds to provide evidence of the commission of the offence; or
(c) anything suspected on reasonable grounds to be intended to be used for the purpose of committing the offence.
[1.22] Section 187 (1) and note
substitute
(1) The Commonwealth Crimes Act, part 1C (Investigation of Commonwealth offences) and the schedule (Form of explanation under section 23V) apply to offences not punishable by imprisonment, or punishable by imprisonment for 12 months or less, in the same way as they apply to offences punishable by imprisonment for longer than 12 months.
Note The Cwlth Crimes Act provisions apply to offences against ACT laws that are punishable by imprisonment for longer than 12 months if the investigating officer is a police officer (see that Act, s 23A (6)).
omit
a summary offence:
substitute
an offence not punishable by imprisonment, or punishable by imprisonment for 12 months or less:
[1.24] Section 194 (6) (ii) and (7) (ii)
omit
an indictable offence
substitute
a serious offence
[1.25] Section 195 (1) (d) (ii) and (2) (c) (ii)
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indictable offence
substitute
serious offence
omit
an indictable offence
substitute
a serious offence
omit
an indictable offence
substitute
a serious offence
omit
an indictable offence
substitute
a serious offence
substitute
(b) the offence is a relevant offence; and
[1.30] Section 220 (4), definition of relevant summary offence
substitute
"relevant offence" means—
(a) a serious offence; or
(b) an offence against any of the following:
(i) section 380 (Possession of offensive weapons and disabling substances);
(ii) section 381 (Possession of offensive weapons and disabling substances with intent);
(iii) the Criminal Code, section 321 (Minor theft);
(iv) the Road Transport (Alcohol and Drugs) Act 1977 , section 19 (Prescribed blood alcohol concentration exceeded).
[1.31] Section 253 (1), definition of offence to which this Act applies
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 12 months
[1.32] Section 300, definition of serious offence , paragraph (a)
substitute
(a) an offence involving actual or threatened violence and punishable by imprisonment for longer than 12 months; or
omit
[1.34] New section 375 (1) (c)
insert
(c) an offence against the Criminal Code, section 310 (Aggravated robbery) or section 312 (Aggravated burglary).
omit
$10 000
substitute
$30 000
insert
(6A) When the court is satisfied the case is ready to be listed for hearing, the court must ask the defendant whether the defendant consents to the case being disposed of summarily.
substitute
(c) the defendant consented to the case being disposed of summarily and the consent has not been withdrawn under section 375A; and
(d) if the charge is for an offence against the Criminal Code, section 310 or section 312—the prosecutor also consents to the case being disposed of summarily.
substitute
(c) the defendant consents to the case being disposed of summarily and the consent is not withdrawn under section 375A; and
(d) if the charge is for an offence against the Criminal Code, section 310 or section 312—the prosecutor also consents to the case being disposed of summarily.
substitute
(b) the defendant's consent to the case being disposed of summarily has been withdrawn under section 375A;
insert
(11A) If the Magistrates Court disposes of a case summarily under this section and convicts the defendant of the offence, the court must not impose a penalty that exceeds—
(a) a fine of $15 000, imprisonment for 5 years or both; or
(b) if the maximum penalty provided for the offence by the law creating it is less than the penalty mentioned in paragraph (a)—the maximum penalty.
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If the court
substitute
If the Childrens Court
insert
375A Withdrawal of consent to summary disposal of case
(1) A consent given by a defendant under section 375 (6A) to summary disposal of a case can be withdrawn only if the court grants leave under this section.
(2) The defendant may apply to the court for leave to withdraw the consent.
(3) However, an application may not be made if a prosecution witness has given evidence in person at the hearing.
(4) The court may grant leave only if satisfied on reasonable grounds that—
(a) a significant change in relation to the defendant or the case happened after the consent was given; and
(b) granting the leave is justified in all the circumstances.
Examples—par (a)
1 the defendant changed his or her legal representative before the start of the hearing
2 the prosecution provided new evidence before the start of the hearing.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
insert
Part 30 Transitional—Crimes Legislation Amendment Act 2008
600 Application of amendments
The amendments of part 17 (Offences punishable summarily and summary procedure generally) made by the Crimes Legislation Amendment Act 2008 do not apply to a proceeding for an offence if the hearing in the proceeding has started before the amendments commence.
601 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Crimes Legislation Amendment Act 2008 .
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
602 Expiry—pt 30
This part expires 1 year after the day it commences.
Part 1.4 Crimes (Forensic Procedures) Act 2000
[1.44] Meaning of
serious offence and serious offender
Section 9 (1) (a)
substitute
(a) an offence against a territory law punishable by imprisonment for longer than 12 months; or
Part 1.5 Crimes (Sentencing) Act 2005
substitute
(b) an offence against any of the following provisions of the Crimes Act 1900 ;
(i) section 25 (Causing grievous bodily harm);
(ii) section 26 (Common assault);
(iii) section 35 (Stalking);
(iv) section 39 (Neglect etc of children);
(v) section 47 (Concealment of birth); or
omit
punishable by imprisonment for longer than 1 year
substitute
punishable by imprisonment for longer than 2 years
relocate as section 322A
relocate before section 319
omit
omit
substitute
363 Obstructing territory official—minor offence
Part 1.7 Domestic Violence and Protection Orders Act 2001
substitute
6 | 22 | assault with intent to commit other offence |
omit
Part 1.8 Domestic Violence and Protection Orders Act 2008
substitute
6 | 22 | assault with intent to commit other offence |
omit
Part 1.9 Evidence (Miscellaneous Provisions) Act 1991
omit
committal proceeding
substitute
committal hearing
omit
omit
committal proceeding
substitute
committal hearing
omit
committal proceeding
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committal hearing
omit
omit
committal proceeding
substitute
committal hearing
Part 1.10 Legislation Act 2001
substitute
(1) An offence is an "indictable offence" if—
(a) it is punishable by imprisonment for longer than 2 years; or
(b) it is declared by an ACT law to be an indictable offence.
Part 1.11 Magistrates Court Act 1930
omit
substitute
(b) all the evidence for the prosecution has been taken;
substitute
90 Committal proceedings—prosecution evidence to be given to accused person
(1) This section applies if a person (the accused person ) is charged with an indictable offence and a committal hearing is to be held in relation to the charge.
(2) Within the period, prescribed under the rules, before the date set for the committal hearing, the informant must serve the following documents on the accused person:
(a) a copy of the written statements that the informant proposes to tender at the hearing;
(b) for each exhibit identified in the statements—a copy of the exhibit or a notice relating to inspection of it.
(3) A copy of the documents served must be filed in the court within the period prescribed under the rules.
(4) Before the committal hearing, the accused person or the person's lawyer may ask the informant to allow the accused person or the person's lawyer to—
(a) inspect the exhibits mentioned in the notice (if any) served on the accused person under subsection (2) (b); and
(b) if a statement is in the form of a transcript of a recording as mentioned in section 90AA (3A)—listen to or view the recording.
(5) The informant must comply with a request under subsection (4).
(6) Subsection (4) (b) does not entitle the accused person or the person's lawyer to be given or make a copy of the recording.
substitute
(1) If the informant has served a copy of a written statement on the accused person in accordance with section 90, the court at the committal hearing must admit the statement (and any exhibit identified in it) as evidence of the matters in it unless the statement (or exhibit) is inadmissible under this section or according to the rules of evidence.
[1.67] Section 90AA (4) to (8)
omit
[1.68] Section 90AA (10) and (11)
substitute
(10) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court's leave.
(11) The court may give leave only—
(a) on application by the prosecution; and
(b) if it considers that the interests of justice cannot adequately be satisfied if the witness's evidence-in-chief is not given in person at the hearing.
[1.69] Section 90AA (12), definitions of proceeding for a sexual offence and sexual offence
omit
substitute
90A Plea of guilty at committal hearing
substitute
90AB Witnesses generally not to be cross-examined at committal hearing
(1) A witness must not be cross-examined at a committal hearing if—
(a) the hearing relates to a sexual offence (whether or not it relates also to another offence); and
(b) the witness is a complainant in relation to the sexual offence.
(2) A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied that—
(a) the party has—
(i) identified an issue to which the proposed questioning relates; and
(ii) provided a reason why the evidence of the witness is relevant to the issue; and
(iii) explained why the evidence disclosed by the prosecution does not address the issue; and
(iv) identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and
(b) the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial.
(3) In this section:
"sexual offence "means an offence against the Crimes Act 1900 , part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude).
substitute
90ABA Attendance of accused not required if order made under s 89A
The accused person is not required to be present at the committal hearing if the person is excused from attending the hearing under section 89A.
omit
substitute
91 Proceeding following prosecution evidence
omit everything before
the court must charge
substitute
When all the evidence offered by the prosecution in relation to the indictable offence with which the accused person is charged has been taken,
substitute
(a) if the court is of the opinion, having regard to all the evidence before it, that there is a reasonable prospect that the person would be convicted of the offence—commit the person for trial for the offence; or
(b) otherwise—if the person is in custody in relation to the offence, immediately order that the person be released from custody in relation to the offence.
substitute
(a) in a proceeding under this part, the court is of the opinion, having regard to all the evidence before it, that there is no reasonable prospect that the person would be convicted of the offence; or
insert
(1A) However, the court may proceed under subsection (1) (a) only if satisfied on reasonable grounds that the defendant—
(a) knows the hearing date; and
(b) understands that the court can proceed to hear and decide the case in the defendant's absence if the defendant fails to appear; and
(c) has decided not to appear at the hearing.
substitute
(c) review appeals under division 3.10.3 (Review appeals in criminal matters).
substitute
219 No right of appeal under div 3.10.2 if review appeal
(1) A person is not entitled to appeal to the Supreme Court under this division against a decision of the Magistrates Court if the person has instituted an appeal against the decision under division 3.10.3 (Review appeals in criminal matters).
(2) If a person institutes an appeal under division 3.10.3 in relation to a decision of the Magistrates Court, any appeal against the decision that has been instituted under this division is taken to be withdrawn.
[1.81] Division 3.10.3 heading
substitute
Division 3.10.3 Review appeals in criminal matters
substitute
219B Decisions subject to review appeal
omit everything before
in accordance with this division
substitute
Each of the following is a decision of the Magistrates Court from which an appeal by way of review (a review appeal ) may be made
substitute
219C How review appeal is instituted
(1) A review appeal must be instituted by the appellant filing a notice of appeal in the Supreme Court within 28 days after the day the conviction was entered, the order or decision was made or the sentence or penalty imposed, or within any further time the Supreme Court allows.
(2) As soon as practicable after instituting the appeal, the appellant must—
(a) file a copy of the notice of appeal in the Magistrates Court; and
(b) serve a copy of the notice of appeal on—
(i) for an appeal mentioned in section 219B (1) (b) or (c)—the director of public prosecutions; and
(ii) for any other appeal—the person who was the defendant in the proceeding in the Magistrates Court.
219D Grounds for review
The Supreme Court may review a decision of the Magistrates Court under this division on any 1 or more of the following grounds:
(a) that there was a prima facie case of error or mistake on the part of the Magistrates Court;
(b) that the Magistrates Court did not have jurisdiction or authority to make the decision;
(c) that the decision of the Magistrates Court should not in law have been made;
(d) for a decision mentioned in section 219B (1) (d) or (e)—that, in the circumstances of the case, the decision should not have been made;
(e) for a decision mentioned in section 219B (1) (f)—that the sentence or penalty was manifestly inadequate or otherwise in error.
219E Report by Magistrate
On a review appeal, the Supreme Court may, if it considers appropriate, make an order requiring the magistrate by whom the Magistrates Court was constituted to give to the Supreme Court a report setting out the reasons for the decision of the Magistrates Court and any facts or matters that in the view of the magistrate were relevant to the decision of the Magistrates Court.
substitute
(1) On a review appeal, the Supreme Court may, after considering the evidence before the Magistrates Court and any further evidence called by leave of the Supreme Court—
(a) dismiss the appeal if satisfied that the decision of the Magistrates Court should be confirmed; or
(b) set aside or quash, in whole or part, or otherwise vary or amend, the decision of the Magistrates Court.
omit
preliminary examination
substitute
committal hearing
[1.87] Section 219F (5) and (6)
substitute
(5) The Supreme Court may, despite the ground or any of the grounds for review mentioned in section 219D being established, dismiss the appeal if the court considers that no substantial miscarriage of justice has happened.
(6) On the dismissal of an appeal, the decision of the Magistrates Court appealed from may be enforced, executed or given effect to as if the appeal had not been instituted.
substitute
(9) Subsection (8) applies whether the Supreme Court dismisses the appeal or exercises any of the other powers given to it by this section.
substitute
244 Costs in criminal matters
(1) The power of the court to award costs is subject to the following:
(a) if the court makes a conviction or order in favour of the informant—it may order that the defendant must pay to the informant the informant's costs;
(b) if the court dismisses the information, or makes an order in favour of the defendant—it may order that the informant must pay to the defendant the defendant's costs;
(c) if a matter is adjourned—the court may order that the costs of and caused by the adjournment be paid by any party to any other party;
(d) costs ordered to be paid—
(i) must be awarded in the way prescribed by regulation; and
(ii) may be recovered under the rules about the enforcement of judgments of the court in civil proceedings.
(2) Subject to any order of the court, the expenses of a person who attends at court to give evidence or to produce documents must be allowed to the person (whether or not they have been examined or produced documents and whether or not they were subpoenaed to attend).
substitute
(2) Section 288 does not apply to the committal hearing for an indictable offence alleged to have been committed jointly by a child and an adult if a magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the committal hearings separately, orders that the section does not apply.
insert
Chapter 11 Transitional—Crimes Legislation Amendment Act 2008
450 Application of amendments—indictable offences
(1) In this section:
"commencement day" means the day the Crimes Legislation Amendment Act 2008 , part 1.10 (Legislation Act 2001) commences.
(2) This section applies if, before the commencement day—
(a) a person has been committed to the Supreme Court under this Act in relation to an offence punishable by imprisonment for longer than 1 year but not longer than 2 years; and
(b) the matter has not been finally decided.
(3) The Supreme Court may deal with the matter as if the offence were still an indictable offence.
451 Application of certain other amendments
(1) The amendments of the following provisions made by the Crimes Legislation Amendment Act 2008 do not apply to a proceeding for an offence if the hearing in the proceeding has started before the amendments commence:
(a) section 90AA;
(b) section 90AB;
(c) section 90ABA;
(d) section 92;
(e) section 94;
(f) section 97;
(g) section 110.
(2) The amendments of part 3.10 (Criminal appeals) made by the Crimes Legislation Amendment Act 2008 do not apply to a proceeding on an appeal if the proceeding has started before the amendments commence.
452 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Crimes Legislation Amendment Act 2008 .
(2) A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
(3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
453 Expiry—ch 11
This chapter expires 1 year after the day it commences.
[1.92] Dictionary, new definition of review appeal
insert
"review appeal", for division 1.10.3 (Review appeals in criminal matters)—see section 219B (1).
Part 1.12 Prostitution Act 1992
substitute
4 | 22 | assault with intent to commit other offence |
Part 1.13 Supreme Court Act 1933
omit
preliminary examination
substitute
committal hearing
[1.95] Section 58A (1) (b) and (c)
substitute
(b) if the witness gave evidence in person at the committal hearing, the accused person or the accused person's lawyer had the opportunity to cross-examine the witness;
insert
Part 10 Transitional—Crimes Legislation Amendment Act 2008
100 Application of amendments
(1) In this section:
"commencement day" means the day the Crimes Legislation Amendment Act 2008 , part 1.10 (Legislation Act 2001) commences.
(2) This section applies if, before the commencement day, a proceeding had been commenced but not finally decided in the Supreme Court in relation to an offence punishable by imprisonment for longer than 1 year but not longer than 2 years.
(3) The Supreme Court may deal with the matter as if the offence were still an indictable offence.
101 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Crimes Legislation Amendment Act 2008 .
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
102 Expiry—pt 10
This part expires 1 year after the day it commences.
Part 1.14 Witness Protection Act 1996
substitute
(i) was a witness to or has knowledge of an offence punishable by imprisonment for longer than 12 months and is or has been a witness in a criminal proceeding relating to the offence; or