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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2024
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 2024
.
This Act commences on the 7th 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:
•
•
•
•
.
Note This Act also amends other legislation (see sch 1).
substitute
17 Charged people in custody to be brought before court
(1) This section applies to an accused person who—
(a) has been taken into custody and charged with an offence; and
(b) is refused bail by an authorised officer or is not released on bail granted by an authorised officer.
(2) The accused person must be brought before a court as soon as practicable and, in any case—
(a) within 48 hours after being taken into custody (the 48-hour period); or
(b) within 96 hours after being taken into custody if, within the 48-hour period, a police officer gives the court a certificate—
(i) from a doctor who is an employee or contractor of a hospital; and
(ii) that states the accused person is an inpatient of the hospital and unfit to be brought before the court within the 48-hour period.
insert
19A Court bail—person required by summons to appear
(1) This section applies if, at any time—
(a) an accused person appears before a court to answer a summons; and
(b) the person is not already in custody; and
(c) either—
(i) the person was served with the summons while serving a sentence of imprisonment; or
(ii) the court is satisfied, on fresh evidence or information that was unavailable when the person was served, that a relevant risk applies in the proceeding; and
(d) the court adjourns or postpones the hearing of the proceeding begun by the summons.
(2) The accused person is, on appearing before the court, taken to be in the custody of the court but only for the purpose of—
(a) making an order granting bail to the person; and
(b) applying provisions under this Act in relation to the grant of bail.
Examples—provisions in relation to the grant of bail
• s 24 (Conditions of bail)
• s 28 (Undertakings to appear)
(3) In this section:
appears includes appears by audio link or audiovisual link.
audio link—see the Evidence (Miscellaneous Provisions) Act 1991
, section 16 (1).
audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991
, dictionary.
relevant risk, in a proceeding, means a substantial risk the accused person in the proceeding will—
(a) fail to appear in court in relation to the offence; or
(b) commit another offence; or
(c) interfere with evidence in the proceeding; or
(d) harass or interfere with a person who may be required to give evidence in the proceeding in relation to the offence.
summons includes a court attendance notice under the Magistrates Court Act 1930
, section 41B.
6 Contravention of Act by police
officers
Section 52 (2) (a) (ii)
substitute
(ii)
(Cwlth); or
7 Definitions for pt
13
Section 300 (1), definition of serious offence
substitute
serious offence means—
(a) an offence punishable by imprisonment for longer than 1 year if the factual circumstances of the offending involve actual or threatened violence and substantial risk of harm to another person; or
(b) an offence against section 27 (3) or (4).
Note Serious offence is defined differently for div 13.4 (see s
325).
Part 4 Crimes (Child Sex Offenders) Act 2005
8 Class 1 offences
Schedule
1, part 1.1, new items 14 to 16
insert
14
|
|
, section 62 (1)
incest and similar offences
15
, section 62 (2)
incest and similar offences
16
an offence mentioned in items 1 to 15 to which Crimes Act 1900
, section 72AA applies
aggravated offence—involving family violence
9 Schedule 1, part 1.2, new items 2A and 2B
insert
2A
|
|
(Cwlth) section 270.6 (1), as in force from time to time before amendment by
(Cwlth)
sexual servitude
the other person (as mentioned in that section) is a child
2B
(Cwlth) section 270.6 (2), as in force from time to time before amendment by
(Cwlth)
sexual servitude
the other person (as mentioned in that section) is a child
10 Class 2 offences
Schedule
2, part 2.1, new item 17
insert
17
|
an offence mentioned in items 1to 16 to which Crimes
Act 1900
|
, section 72AA applies
aggravated offence—involving family violence
11 Schedule 2, part 2.2, new item 11A
insert
11A
|
|
(Cwlth), section 273.5 (1), as in force from time to time before amendment
by
(Cwlth)
possess, control, produce, distribute or obtain child exploitation material outside Australia
12 Schedule 2, part 2.2, new items 14A and 14B
insert
14A
|
|
(Cwlth), section 471.16, as in force from time to time before amendment by
(Cwlth)
use postal service for child exploitation material
14B
(Cwlth), section 471.17 (1), as in force from time to time before amendment
by
(Cwlth)
possess, control, produce, supply or obtain child exploitation material for use through postal service
13 Schedule 2, part 2.2, new item 17A
insert
17A
|
|
(Cwlth), section 474.22A (1)
possess or control child exploitation material obtained or accessed using carriage service
14 Schedule 2, part 2.2, new items 20A and 20B
insert
20A
|
|
(Cwlth), section 474.19 (1), as in force from time to time before amendment
by
(Cwlth)
use carriage service for child exploitation material
20B
(Cwlth), section 474.20 (1), as in force from time to time before amendment
by
(Cwlth)
possess, control, produce, supply or obtain child exploitation material for use through carriage service
15 Schedule 2, part 2.2, new item 22A
insert
22A
|
|
(Cwlth), section 474.23A (1)
conduct for the purposes of electronic service used for child abuse material
16 Schedule 2, part 2.2, item 23, column 3
omit
section 474.22 or section 474.23
insert
section 474.22, 474.22A or 474.23
17 Schedule 2, part 2.2, new item 28A
insert
28A
|
|
(Cwlth), section 474.27AA (1)
use carriage service to ‘groom’ another person to make it easier to procure child under 16 years old
Part 5 Crimes (Sentence Administration) Act 2005
18 Appointment of board
members
New section 174 (1) (ba)
insert
(ba) the chief police officer;
omit
subsection (1) (c)
substitute
subsection (1) (ba) and (c)
in part 8.1, insert
179A Delegation by chief police officer
The chief police officer may delegate their functions as a board member to a police officer of the rank of commander (or a higher rank).
Note For laws about delegations, see the Legislation Act
, pt 19.4.
insert
• chief police officer
Schedule 1 Technical amendments
(see s 3)
Part 1.1 Information Privacy Act 2014
[1.1] Section 25 (2), definition of Commonwealth enforcement or intelligence body, paragraph (e) and (f)
substitute
(e) the National Anti-Corruption Commissioner appointed under the National Anti-Corruption Commission Act 2022
(Cwlth), section 241;
(f) a staff member of the National Anti-Corruption Commission established
under the
(Cwlth), section 20;
Explanatory note
This amendment updates a reference because of the repeal of the Law Enforcement Integrity Commissioner Act 2006
(Cwlth) by the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022
(Cwlth), and enactment of the National Anti-Corruption Commission Act 2022
(Cwlth).
Part 1.2 Integrity Commission Act 2018
[1.2] Section 71 (4), example 1
omit
Australian Commission for Law Enforcement Integrity (ACLEI)
substitute
National Anti-Corruption Commission (NACC)
[1.3] Section 112 (2), example 1
omit
Australian Commission for Law Enforcement Integrity (ACLEI)
substitute
National Anti-Corruption Commission (NACC)
[1.4] Dictionary, definition of Australian Commission for Law Enforcement Integrity (or ACLEI)
omit
[1.5] Dictionary, definition of integrity body, paragraph (g)
substitute
(g) the National Anti-Corruption Commission;
[1.6] Dictionary, new definition of National Anti-Corruption Commission (or NACC)
insert
National Anti-Corruption Commission (or NACC)—see the National Anti-Corruption Commission Act 2022
(Cwlth), section 20.
Explanatory note
These amendments update references because of the repeal of the Law Enforcement Integrity Commissioner Act 2006
(Cwlth) by the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022
(Cwlth), and enactment of the National Anti-Corruption Commission Act 2022
(Cwlth).
Part 1.3 Taxation Administration Act 1999
[1.7] Section 97 (3), definition of Commonwealth enforcement body, paragraph (d)
substitute
(d) the National Anti-Corruption Commissioner appointed under the National Anti-Corruption Commission Act 2022
(Cwlth), section 241.
Explanatory note
This amendment updates a reference because of the repeal of the Law Enforcement Integrity Commissioner Act 2006
(Cwlth) by the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022
(Cwlth), and enactment of the National Anti-Corruption Commission Act 2022
(Cwlth).
Part 1.4 Victims of Crime Act 1994
[1.8] Section 15I (2) (c), example 2
omit
Australian Commission for Law Enforcement Integrity (ACLEI)
substitute
National Anti-Corruption Commission (NACC) established under the National Anti-Corruption Commission Act 2022
(Cwlth), section 20
Explanatory note
This amendment updates a reference because of the repeal of the Law Enforcement Integrity Commissioner Act 2006
(Cwlth) by the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022
(Cwlth), and enactment of the National Anti-Corruption Commission Act 2022
(Cwlth).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 7 February 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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