New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The maximum penalty for the new offences is to be:
(a)
imprisonment for 10 years, or
(b)
if the offence is committed in connection with an unwarranted
demand--imprisonment for 14 years, or
(c)
if the offence causes death or grievous bodily harm or is intended to do
so--imprisonment for 25 years.
The Bill also amends the Criminal Procedure Act 1986 to enable the new
offences to be prosecuted summarily in certain cases.
Clause 2 provides for the commencement of the proposed Act on a day to
be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Crimes Act 1900 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 2.
Schedule 1
Amendment of Crimes Act 1908
Schedule 1 [1] makes a consequential change to the provision of the
Principal Act listing its contents.
Schedule 1 [2] inserts Part 3C into the Principal Act (proposed sections
93IA-93IG). Proposed section 931A inserts definitions of contaminate and
goods for the purposes of the Part. Contaminate is defined widely so as to
include interference or the appearance of contamination or interference.
Goods is also defined widely so as to include any substance or article,
including goods that are not for human consumption or that are natural or
manufactured. The proposed section makes it clear that causing economic
loss through public awareness of contamination includes causing such loss
because the public shun the goods or because of steps taken to avoid public
alarm or anxiety.
Explanatory note page 2
Proposed section 931B creates the offence of contaminating goods with the
intention of causing public alarm or anxiety or causing economic loss
through
public
awareness
of
the
contamination.
Maximum
penalty--imprisonment for 10 years.
Proposed section 931C creates the offence of threatening to contaminate
goods with the intention of causing public alarm or anxiety or causing
economic loss through public awareness of the contamination. Maximum
penalty--imprisonment for 1 0 years.
Proposed section 931D creates the offence of making false statements to
induce people to believe that goods have been contaminated with the
intention of causing public alarm or anxiety or causing economic loss
through
public
awareness
of
the
contamination.
Maximum
penalty--imprisonment for 10 years.
Proposed section 931E provides for a maximum penalty of imprisonment for
14 years if the above offences are committed in connection with an
unwarranted demand.
Proposed section 931F provides for a maximum penalty of imprisonment for
25 years if the commission of the above offences causes death or grievous
bodily harm or is intended to do so.
Proposed section 931G ensures that a person can be convicted of an offence
under the Part even if the only territorial connection with this State is
intending to cause public alarm or anxiety, or economic loss, in this State.
Schedule 2
Amendment of Criminal Procedure Act 1986
Schedule 2 enables summary proceedings before a Magistrate for any of the
proposed new offences (which carry a maximum penalty of imprisonment for
10 years) unless either the prosecution or the accused elect to have the matter
tried by a jury. The maximum penalty that may be imposed on summary
conviction is imprisonment for 2 years.
Explanatory note page 3