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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure) Amendment
(Firearms Offences) Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Crimes (Sentencing Procedure) Act 1999:
(a) to establish standard non-parole periods for a number of firearm offences against the
Crimes Act 1900, and
(b) to increase the standard non-parole periods for offences relating to the unauthorised
possession or use of firearms and prohibited weapons under the Firearms Act 1996 and the
Weapons Prohibition Act 1998.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92
The Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (the Table)
sets standard non-parole periods for a number of offences. When determining a sentence for an
offence listed in the Table, a court is required to take into account the standard non-parole period
for that offence.
b2015-030-19.d07
Crimes (Sentencing Procedure) Amendment (Firearms Offences) Bill 2015 [NSW]
Explanatory note
Schedule 1 [1] and [2] amend the Table to introduce a standard non-parole period of 9 years for
offences under section 33A (1) and (2) of the Crimes Act 1900 relating to discharging a firearm
with intent to cause grievous bodily harm or to resist arrest or detention, of 5 years for an offence
under section 93GA (1) of that Act of firing a firearm at a dwelling-house or other building with
reckless disregard for the safety of any person and of 6 years for offences under
section 93GA (1A) and (1B) of that Act of firing a firearm with reckless disregard for the safety
of any person at a dwelling-house or other building during a public disorder or in the course of
organised criminal activity.
Schedule 1 [3] and [4] amend the Table to increase the standard non-parole period for offences
under section 7 of the Firearms Act 1996 relating to unauthorised possession or use of firearms
from 3 to 4 years and for offences under section 7 of the Weapons Prohibition Act 1998 relating
to unauthorised possession or use of prohibited weapons from 3 to 5 years.
Schedule 1 [5] is a savings and transitional provision.
Page 2
First print
New South Wales
Crimes (Sentencing Procedure) Amendment
(Firearms Offences) Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 3
b2015-030-19.d07
New South Wales
Crimes (Sentencing Procedure) Amendment
(Firearms Offences) Bill 2015
No , 2015
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision with
respect to standard non-parole periods for firearm and prohibited weapon offences.
Crimes (Sentencing Procedure) Amendment (Firearms Offences) Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Procedure) Amendment (Firearms Offences) 3
Act 2015. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Sentencing Procedure) Amendment (Firearms Offences) Bill 2015 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 1 Amendment of Crimes (Sentencing Procedure) 1
Act 1999 No 92 2
[1] Part 4, Division 1A, Table 3
Insert after item 4: 4
4AA Section 33A (1) of the Crimes Act 1900 (discharging a firearm with intent to 9 years
cause grievous bodily harm)
4AB Section 33A (2) of the Crimes Act 1900 (discharging a firearm with intent to 9 years
resist arrest or detention)
[2] Part 4, Division 1A, Table 5
Insert before item 11: 6
10N Section 93GA (1) of the Crimes Act 1900 (fire a firearm at a dwelling-house or 5 years
other building with reckless disregard for the safety of any person)
10O Section 93GA (1A) of the Crimes Act 1900 (fire a firearm, during a public 6 years
disorder, at a dwelling-house or other building with reckless disregard for the
safety of any person)
10P Section 93GA (1B) of the Crimes Act 1900 (fire a firearm, in the course of an 6 years
organised criminal activity, at a dwelling-house or other building with reckless
disregard for the safety of any person)
[3] Part 4, Division 1A, Table 7
Omit "3 years" from item 20 (relating to unauthorised possession or use of firearms). 8
Insert instead "4 years". 9
[4] Part 4, Division 1A, Table 10
Omit "3 years" from item 24 (relating to unauthorised possession or use of prohibited 11
weapon). 12
Insert instead "5 years". 13
Page 3
Crimes (Sentencing Procedure) Amendment (Firearms Offences) Bill 2015 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[5] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of the Schedule, with appropriate Part and clause numbering: 2
Part Provision consequent on enactment of Crimes 3
(Sentencing Procedure) Amendment (Firearms 4
Offences) Act 2015 5
Standard non-parole periods 6
An amendment made to this Act by the Crimes (Sentencing Procedure) 7
Amendment (Firearms Offences) Act 2015 applies only in respect of an 8
offence committed, or alleged to have been committed, on or after the 9
commencement of the amendment. 10
Page 4
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