New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Crimes Legislation Amendment
Bill 2012
No , 2012
A Bill for
An Act to amend certain legislation with respect to criminal offences and procedure;
and for other purposes.
Clause 1 Crimes Legislation Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Legislation Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Crimes Legislation Amendment Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Section 66F Sexual offences--cognitive impairment 2
Omit "an established de facto partner" from section 66F (7) (a) (ii). 3
Insert instead "the de facto partner". 4
[2] Section 73 Sexual intercourse with child between 16 and 18 under 5
special care 6
Insert "or the de facto partner of a parent, guardian or foster parent of the 7
victim" after "victim" in section 73 (3) (a). 8
[3] Section 86 Kidnapping 9
Insert after section 86 (1) (a): 10
(a1) with the intention of committing a serious indictable 11
offence, or 12
[4] Schedule 3 Abolished common law offences and rules 13
Insert after clause 6: 14
7 Person who fails to disclose crime committed by the person's 15
husband or wife or de facto partner 16
(1) Any common law rule that a person cannot be found guilty of an 17
offence involving failing to disclose a crime committed by the 18
person's husband or wife or de facto partner is abolished. 19
(2) This clause applies only to or in respect of an offence involving 20
failing to disclose such a crime if the offence is committed, or 21
alleged to have been committed, on or after the commencement 22
of this clause. 23
[5] Schedule 11 Savings and transitional provisions 24
Insert at the end of the Schedule with appropriate Part and clause numbering: 25
Part Crimes Legislation Amendment Act 2012 26
Application of amendments 27
An amendment to section 73 or 86 made by the Crimes 28
Legislation Amendment Act 2012 applies only in respect of an 29
offence committed, or alleged to have been committed, on or 30
after the commencement of the amendment. 31
Page 3
Crimes Legislation Amendment Bill 2012
Schedule 2 Amendment of Criminal Procedure Act 1986 No 209
Schedule 2 Amendment of Criminal Procedure Act 1
1986 No 209 2
[1] Section 281B Sensitive evidence--meaning 3
Insert after section 281B (1): 4
(1A) For the purposes of this Part, an audio recording of a person 5
committing an offence against another person (the protected 6
person) is sensitive evidence if: 7
(a) the contents of the audio recording are obscene or 8
indecent, or 9
(b) providing a copy of the audio recording to another person 10
without the protected person's consent would interfere 11
with the protected person's privacy. 12
(1B) The contents of an audio recording are not obscene or indecent 13
merely because they include obscene or indecent language. 14
[2] Section 281B (2) 15
Insert "or (1A)" after "subsection (1)". 16
[3] Section 281B (2) (b) 17
Omit "a video, held or seized by a prosecuting authority, showing". 18
Insert instead "a video or audio recording, held or seized by a prosecuting 19
authority, of". 20
[4] Section 281D Procedures for giving access to sensitive evidence to 21
accused person 22
Insert "or listen to" after "view" in section 281D (2) (d). 23
[5] Section 281D (2) (e) 24
Omit "such a viewing". 25
Insert instead "the viewing of, or listening to, the thing". 26
[6] Section 281D (4) 27
Insert "or listen to" after "view". 28
[7] Schedule 2 Savings, transitional and other provisions 29
Insert at the end of clause 1 (1): 30
Crimes Legislation Amendment Act 2012 31
Page 4
Crimes Legislation Amendment Bill 2012
Amendment of Criminal Procedure Act 1986 No 209 Schedule 2
[8] Schedule 2 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provision consequent on enactment of 3
Crimes Legislation Amendment Act 2012 4
Sensitive evidence--audio recordings 5
The amendments made to Part 2A of Chapter 6 by the Crimes 6
Legislation Amendment Act 2012 extend to a criminal 7
investigation instituted, or criminal proceedings instituted or 8
partly heard, before the commencement of Schedule 2 to that Act. 9
Page 5
Crimes Legislation Amendment Bill 2012
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation 1
3.1 Crimes (Domestic and Personal Violence) Act 2007 No 80 2
[1] Section 48 Making of application for an order 3
Insert after section 48 (2) (a): 4
(a1) the guardian of the person for whose protection the order 5
would be made, in the case of a person in respect of whom 6
a guardianship order within the meaning of the 7
Guardianship Act 1987 is in force, or 8
[2] Section 48 (7) 9
Insert after section 48 (6): 10
(7) A reference in sections 52, 55 (2), 73 (4), 77 (7), 78 (1) and 84 (6) 11
to a protected person includes a reference to the guardian of the 12
person in the case of an application for an order made by the 13
guardian of a person on the person's behalf (as referred to in 14
subsection (2) (a1)). 15
[3] Section 72 Application for variation or revocation of final apprehended 16
violence orders 17
Insert after section 72 (2) (a): 18
(a1) the guardian of the protected person, in the case of a 19
protected person in respect of whom a guardianship order 20
within the meaning of the Guardianship Act 1987 is in 21
force, or 22
3.2 Crimes (Sentencing Procedure) Act 1999 No 92 23
[1] Sections 32 (4) (c) and 35A (3) 24
Insert "or by a person, or a person belonging to a class of persons, prescribed 25
by the regulations" after "Prosecutions" wherever occurring. 26
[2] Section 32 (5) 27
Omit the subsection. Insert instead: 28
(5) A list of additional charges is taken to be signed on behalf of the 29
Director of Public Prosecutions if it is signed by a person who is 30
authorised to do so by means of a written order signed by the 31
Director of Public Prosecutions or who belongs to a class of 32
persons so authorised. 33
Page 6
Crimes Legislation Amendment Bill 2012
Amendment of other legislation Schedule 3
[3] Section 35A (4) 1
Omit the subsection. Insert instead: 2
(4) A certificate is taken to be signed on behalf of the Director of 3
Public Prosecutions if it is signed by a person who is authorised 4
to do so by means of a written order signed by the Director of 5
Public Prosecutions or who belongs to a class of persons so 6
authorised. 7
3.3 Crimes (Sentencing Procedure) Regulation 2010 8
[1] Clause 4 Lists of additional charges 9
Omit "section 32 (5) (b)" from clause 4 (2). Insert instead "section 32 (4) (c)". 10
[2] Clause 4 (2) (k) 11
Insert after clause 4 (2) (j): 12
(k) the Chief Executive Officer of the Food Authority. 13
[3] Clause 7A Consultation with victim and police in relation to charge 14
negotiations 15
Omit "section 35A (4) (b)". Insert instead "section 35A (3)". 16
3.4 Crimes (Serious Sex Offenders) Act 2006 No 7 17
[1] Section 5 Definitions of "serious sex offence" and "offence of a sexual 18
nature" 19
Omit "111, 112 or 113" from section 5 (1) (b). 20
Insert instead "86 (1) (a1), 111, 112, 113 or 114 (1) (a), (c) or (d)". 21
[2] Schedule 2 Savings, transitional and other provisions 22
Omit clause 1 (1). Insert instead: 23
(1) The regulations may contain provisions of a savings or 24
transitional nature consequent on the enactment of this Act or any 25
Act that amends this Act. 26
Page 7
Crimes Legislation Amendment Bill 2012
Schedule 3 Amendment of other legislation
[3] Schedule 2, Part 6 1
Insert after Part 5: 2
Part 6 Provision consequent on enactment of 3
Crimes Legislation Amendment Act 2012 4
9 Application of amendment 5
The amendment made to section 5 by the Crimes Legislation 6
Amendment Act 2012 applies only to and in respect of an offence 7
committed on or after the commencement of Schedule 3.4 to that 8
Act. 9
3.5 Young Offenders Act 1997 No 54 10
[1] Sections 4 (definition of "Director-General"), 46 (1), 47 (2) (e), 62A and 11
66 (2) (e) and (4) (definition of "authorised officer of the Department of 12
Human Services") 13
Omit "Department of Human Services" wherever occurring. 14
Insert instead "Department of Attorney General and Justice". 15
[2] Section 17 Records of warnings 16
Insert after section 17 (3) and the note: 17
(4) This section does not require a record made under this section and 18
held by the Bureau of Crime Statistics and Research to be 19
destroyed or expunged if the record was divulged to the Bureau 20
in accordance with section 66. 21
[3] Section 66 Disclosure of records 22
Insert after section 66 (2) (e): 23
(f) records of, or relating to, warnings, cautions and 24
conferences under this Act may (subject to any regulations 25
made for the purposes of subsection (3)) be divulged to a 26
person employed in the Bureau of Crime Statistics and 27
Research. 28
[4] Section 66 (3) 29
Insert "or (f)" after "subsection 2 (e)". 30
Page 8
Crimes Legislation Amendment Bill 2012
Amendment of other legislation Schedule 3
[5] Schedule 3 Savings and transitional provisions 1
Omit clause 1 (1). Insert instead: 2
(1) The regulations may contain provisions of a savings or 3
transitional nature consequent on the enactment of this Act or any 4
Act that amends this Act. 5
[6] Schedule 3, Part 4 6
Insert after Part 3: 7
Part 4 Provision consequent on enactment of 8
Crimes Legislation Amendment Act 2012 9
7 Destruction and disclosure of records 10
(1) Anything done or omitted to be done before the commencement 11
of Schedule 3.5 to the Crimes Legislation Amendment Act 2012 12
in relation to the destruction of records of warnings or the 13
disclosure of records of, or relating to, warnings, cautions and 14
conferences to the Bureau of Crime Statistics and Research that 15
could have been validly done or omitted to be done if the 16
amendments made to this Act by that Subschedule had been in 17
force when it was done or omitted to be done, is taken to have 18
been validly done or omitted to be done. 19
(2) Section 17 (4), as inserted by Schedule 3.5 to the Crimes 20
Legislation Amendment Act 2012, extends to records of warnings 21
divulged to the Bureau of Crime Statistics and Research before 22
the commencement of that Subschedule. 23
3.6 Young Offenders Regulation 2010 24
[1] Clauses 14 and 16 25
Omit "Department of Human Services" wherever occurring. 26
Insert instead "Department of Attorney General and Justice". 27
[2] Clause 15 Disclosure of records relating to cautions and conferences to 28
Department of Attorney General and Justice 29
Omit "Department of Human Services" wherever occurring. 30
Insert instead "Department of Attorney General and Justice". 31
Page 9
Crimes Legislation Amendment Bill 2012
Schedule 3 Amendment of other legislation
[3] Clause 15A 1
Insert after clause 15: 2
15A Disclosure of records relating to warnings, cautions and 3
conferences to Bureau of Crime Statistics and Research 4
For the purposes of section 66 (2) (f) of the Act, a record of, or 5
relating to, a warning, caution or conference under the Act may 6
be divulged to a person employed in the Bureau of Crime 7
Statistics and Research if: 8
(a) the information contained in the record will only be used 9
in research by that Bureau, the production of statistics by 10
that Bureau and the publication of those statistics and of 11
reports relating to that research, and 12
(b) any such publication does not name or otherwise identify 13
the child to whom the record relates. 14
[4] Clause 16 Authorised officers 15
Insert after clause 16 (b): 16
(b1) an Assistant Regional Director, 17
Page 10
Crimes Legislation Amendment Bill 2012
Repeal of legislation and consequential amendments Schedule 4
Schedule 4 Repeal of legislation and consequential 1
amendments 2
4.1 Crimes (Appeal and Review) Act 2001 No 120 3
Section 3 Definitions 4
Omit paragraph (f) from the definition of sentence in section 3 (1). 5
4.2 Criminal Appeal Act 1912 No 16 6
Section 2 Definitions 7
Omit paragraph (j) from the definition of Sentence in section 2 (1). 8
4.3 Law Enforcement (Powers and Responsibilities) 9
Amendment (Detained Person's Property) Act 2008 No 88 10
The Act is repealed. 11
4.4 Sporting Venues (Offenders Banning Orders) Act 2005 No 67 12
The Act is repealed. 13
Page 11
[Index] [Search] [Download] [Related Items] [Help]