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CLAUSE NOTES
Crimes (Miscellaneous Amendments) Bill 2013
Clause 1: Short title
Clause 2: Commencement date
Clause 3: Principal Act for Part 2 Criminal Code Act 1924
Clause 4: Amendments to Principal Act:
a) Inserts definition of "motor vehicle" in section
1. The definition is required because of the use of
the term in the new carjacking offence;
b) Omits section 92 (Maintenance), an obsolete
crime that is not a criminal offence in any other
Australian jurisdiction;
c) Amends section 150 to clarify that the duty to
take precaution or care to avoid danger includes
management of an animal that may endanger human
life;
d) Inserts a new section creating crimes of
carjacking and aggravated carjacking;
e) Inserts a new section creating a general crime
of fraud;
f) Deletes paragraph 297(1)(d) consequential on
the creation of the new general fraud crime;
g) Consequential amendment related to h) below;
h) Inserts a new requirement in section 331B(2)
that the Court warn the defendant of the
requirements of new section 368B;
i) Inserts a new section 331B(2A) to restrict an
application under section 331B(2)(a) as of right to
the first appearance of the defendant. At all other
times the application can only be made with the
leave of the Court;
j) Inserts a new section 334C to provide for an
alternative conviction of an offence under section
32(1) of the Traffic Act 1925 on a charge of causing
death by dangerous driving;
k) Inserts a new paragraph (d) in section 337B(1)
to add another possible alternative conviction of an
indecent act with or directed at a young person to
a charge of maintaining a sexual relationship with a
young person;
l) Inserts a new paragraph (ba) in section 338(1)
to include the new crime of fraud as a possible
alternative conviction to other crimes of
dishonesty;
m) Amends section 350(1) to allow a person
appearing for the Crown, as well as a Crown Law
Officer, to inform the court that the Crown will
not proceed further;
n) Inserts a new section 368B to provide that a
defendant who intends to adduce admissible
opinion evidence within the meaning of the Evidence
Act 2001 must give a notice of evidence containing
certain specified information to the Director of
Public Prosecutions within certain specified times.
The section sets out consequences for non-
compliance.
The section further provides that if the defendant
intends to adduce admissible opinion evidence
relevant to his or her mental state or medical
condition at the time of the offence, the court or
judge may require the defendant to submit to an
examination by a suitably qualified person at the
prosecutor's expense.
The section will apply to admissible opinion evidence
to be adduced in a trial on indictment and
proceedings under the Criminal Justice (Mental
Impairment) Act 1999.
o) Replaces section 402(4A) and inserts new
subsections (4B) (4D) to clarify the provisions
relating to the element of "double jeopardy" in
resentencing; to allow the Court of Criminal
Appeal to remit the resentencing of the offender to
the court of trial after an appeal has been
determined and to clarify what the court of trial is
to do if a matter is remitted to it;
p) Inserts a new paragraph (ab) in section 409(1) to
allow the Court of Criminal Appeal to order a
person convicted, or a person respondent to a
prosecution appeal to attend Court on the hearing
of the appeal or to receive judgement in relation to
the appeal;
q) Makes an amendment to section 411(2)
consequential to the insertion of new paragraph
409(1)(ab);
r) Inserts "Indecent assault" into the list of crimes for
which an offender may be arrested without a
warrant in Appendix A.
Clause 5: Principal Act for Part 3 Justices Act 1959
Clause 6: Amends section 71 of the Principal Act to provide
that the new crime of fraud (section 253A) may be
tried summarily if the value of the benefit or
detriment is no more than $5000.
Clause 7: Amends section 72 of the Principal Act to provide
that the defendant may elect to have the new crime
of fraud (section 253A) tried summarily if the value of
the benefit or detriment exceeds $5000 but does not
exceed $20,000.
Clause 8: Amends section 110 of the Principal Act to insert
new subsections to mirror sections 402(4A) and (4B)
of the Criminal Code and provide that on hearing a
motion to review in relation to an order imposing
sentence a Court must not take into account the fact
that the Court's decision may mean that the person is
sentenced for the crime a second time but may take
into account any matter relevant to sentencing that
has occurred between when the sentencing order
was made and the hearing of the motion to review.
The section further provides that if a court quashes
an order the matter may be remitted to the justices
to be dealt with subject to any directions in law.
Clause 9: Amends section 113A to provide that on hearing an
appeal under the section, which may result in the
exercising of a power in relation to sentencing, a
magistrate must not take into account the fact that
his or her decision may mean that the person is
sentenced for an offence a second time but may take
into account any matter relevant to sentencing that
has occurred between when a sentencing order was
made and the hearing of the appeal.
Clause 10: Amends section 113B to provide that on hearing an
application under the section in relation to an order
imposing sentence, a magistrate must not take into
account the fact that the his or her decision may
mean that the person is sentenced for an offence a
second time but may take into account any matter
relevant to sentencing that has occurred between
when a the order to which the reviews relates was
made and the review of the order.
Clause 11: Repeals the amending Act one year after all of the
amendments contained have been incorporated into
the Principal Acts.