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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Intoxication) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to create various aggravated intoxication offences (in addition to the recently created
offence of assault causing death when intoxicated) by increasing by 2 years the maximum
penalty for the following offences under the Crimes Act 1900 if committed when an adult
offender was intoxicated in public by alcohol or a narcotic drug (or by any other
intoxicating substance in conjunction with alcohol or a narcotic drug):
(i) an offence under section 35 (Reckless grievous bodily harm or wounding),
(ii) an offence under section 59 (Assault occasioning actual bodily harm),
(iii) an offence under section 60 (Assault and other actions against police officers),
(iv) an offence under section 93C (Affray),
(b) to require the courts to impose the following minimum sentences of imprisonment (and
minimum non-parole periods) on a person guilty of the following serious aggravated
intoxication offences:
section 35 (1AA) (Reckless grievous bodily harm when 5 years
intoxicated in public and in company)
section 35 (1A) (Reckless grievous bodily harm when intoxicated 4 years
in public)
section 35 (2A) (Reckless wounding when intoxicated in public 4 years
and in company)
b2014-013-33.d17
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Explanatory note
section 35 (3A) (Reckless wounding when intoxicated in public) 3 years
section 60 (3B) (Wounding or causing grievous bodily harm to 5 years
police officers when intoxicated in public)
section 60 (3C) (Wounding or causing grievous bodily harm to 5 years
police officers during public disorder and when intoxicated in
public)
(c) to amend the recently created offence of assault causing death when intoxicated to clarify
the assaults to which it applies and to make consequential changes that reflect features of
the other proposed aggravated intoxication offences created by this Bill,
(d) to authorise a police officer to require a breath test or analysis, or require the provision of a
blood or urine sample, after arresting an offender for any aggravated intoxication offence
to confirm or disprove that the offender was intoxicated (by extending provisions that were
recently enacted in relation to assaults causing death when intoxicated) and to amend those
provisions by:
(i) authorising a police officer to require the provision of a blood or urine sample within
12 hours (instead of 4 hours) after the alleged offence, and
(ii) making it an offence to consume or take alcohol or a narcotic drug within 12 hours
after assaulting a person in order to alter the presence or concentration of the
intoxicating substance in the person's breath, blood or urine and thereby avoid
prosecution for an aggravated intoxication offence,
(e) to make other consequential or related amendments.
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 a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 [11]-[31] amend the Act to create the aggravated intoxication offences referred to in
paragraph (a) of the Overview, and to make consequential changes.
Schedule 1 [2] inserts proposed section 8A into the Act in relation to offenders intoxicated in
public for the purposes of aggravated intoxication offences. The proposed section provides, in
particular, that:
(a) an offender is intoxicated if the offender's speech, balance, co-ordination or behaviour is
noticeably affected as the result of the consumption or taking of alcohol or a narcotic drug
(or of any other intoxicating substance in conjunction with alcohol or a narcotic drug), or if
the offender has 0.15 or more grams of alcohol in the offender's breath or blood, and
(b) an offender is intoxicated in public if the offender is intoxicated while in or in the vicinity
of a public place, including any premises or land open to the public, any licensed premises,
any premises or land regularly used by a local community for consuming or taking alcohol
or narcotic drugs, premises declared under the Restricted Premises Act 1943 and any
premises or land occupied by a criminal group, and
(c) a person has a defence if the intoxication was not self-induced, and
(d) evidence may be given of the presence and concentration of any alcohol, drug or other
intoxicating substance in the offender's breath, blood or urine as determined by an analysis
carried out under the Law Enforcement (Powers and Responsibilities) Act 2002, and
Page 2
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Explanatory note
(e) an offender who records a concentration of alcohol or a narcotic drug in the person's blood
within 6 hours after the alleged offence is taken to have at least that concentration of alcohol
or drug in the offender's blood at the time of the alleged offence, and
(f) an offender is presumed to be intoxicated at the time of an alleged offence if the offender
refuses or fails to provide a blood sample for analysis.
Schedule 1 [1] omits the definition of intoxication by reference to Part 11A of the Act as a
consequence of the special definition of intoxication inserted in proposed section 8A.
Schedule 1 [2] inserts proposed section 8B into the Act to specify the minimum sentences of
imprisonment (and non-parole periods) for adult offenders when tried on indictment as referred to
in paragraph (b) of the Overview. The minimum sentences (and non-parole periods) do not apply
to an offender who has a significant cognitive impairment. Schedule 1 [10] omits section 25B
(which provided a minimum sentence for the recently created offence of assault causing death
when intoxicated under section 25A) as a result of that minimum sentence being transferred to
proposed section 8B.
Schedule 1 [3]-[9] amend section 25A of the Act as referred to in paragraph (c) of the Overview.
Schedule 1 [32] amends Schedule 11 to the Act to extend the review of the operation of sections
25A and 25B in relation to assaults causing death when intoxicated to all the proposed aggravated
intoxication offences.
Schedule 2 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103
Schedule 2 [1]-[8] amend Division 4 of Part 10 of the Act to confer on police officers the breath
testing and analysis powers and the blood and urine sampling powers referred to in paragraph (d)
of the Overview relating to the proposed aggravated intoxication offences.
Schedule 2 [9] amends that Division 4 to create the offence referred to in paragraph (d) of the
Overview relating to persons consuming or taking alcohol or drugs after an assault in order to alter
the presence or concentration of alcohol or a narcotic drug in the person's breath, blood or urine.
Schedule 3 Consequential amendment of other Acts
Schedule 3.1 amends the Crimes (Sentencing Procedure) Act 1999 to prescribe a standard
non-parole period of 5 years for an offence under section 60 (3A) of the Crimes Act 1900
(wounding or inflicting grievous bodily harm on police officer during public disorder)--the same
period proposed as the minimum sentence (and non-parole period) under the amendments made
by Schedule 1 to the proposed Act for the aggravated intoxicated form of that offence. This will
provide a consistent approach for offences with a standard non-parole period that are to have an
aggravated intoxicated form of the offence with a minimum sentence (and non-parole period).
Schedule 3.2 amends the Criminal Procedure Act 1986 to enable any of the proposed aggravated
intoxication offences that do not carry a minimum sentence to be disposed of summarily with the
election (as appropriate) of the prosecution or accused.
Page 3
First print
New South Wales
Crimes Amendment (Intoxication) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities)
Act 2002 No 103 11
Schedule 3 Consequential amendment of other Acts 13
b2014-013-33.d17
New South Wales
Crimes Amendment (Intoxication) Bill 2014
No , 2014
A Bill for
An Act to amend the Crimes Act 1900 with respect to the imposition of increased maximum
sentences, and the imposition of minimum sentences, for certain offences committed when the
offender was intoxicated in public; and for other purposes.
Crimes Amendment (Intoxication) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Intoxication) Act 2014. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Section 4 (1) Definition of "Intoxication" 2
Omit the definition. 3
[2] Sections 8A and 8B 4
Insert after section 8: 5
8A "Intoxicated in public"--aggravated intoxication offences 6
(1) In this section: 7
aggravated intoxication offence means an offence under section 25A (2), 35 8
(1AA), 35 (1A), 35 (2A), 35 (3A), 59 (1A), 59 (3), 60 (1B), 60 (2B), 60 (3B), 9
60 (3C) or 93C (1A). 10
narcotic drug includes any prohibited drug under the Drug Misuse and 11
Trafficking Act 1985. 12
prescribed concentration of alcohol means a concentration of 0.15 grams or 13
more of alcohol in 210 litres of breath or 100 millilitres of blood. 14
(2) For the purposes of an aggravated intoxication offence, a person is intoxicated
if: 15
16
(a) the person's speech, balance, co-ordination or behaviour is noticeably 17
affected as the result of the consumption or taking of alcohol or a 18
narcotic drug (or any other intoxicating substance in conjunction with 19
alcohol or a narcotic drug), or 20
(b) there was present in the person's breath or blood the prescribed 21
concentration of alcohol. 22
(3) For the purposes of an aggravated intoxication offence, a person is intoxicated 23
in public if the person is intoxicated while in or in the vicinity of a public 24
place, including the following: 25
(a) any premises or land open to the public, 26
(b) premises licensed to sell liquor, 27
(c) premises or land regularly used by a local community for consuming or 28
taking alcohol or narcotic drugs, 29
(d) premises declared under the Restricted Premises Act 1943, 30
(e) premises or land occupied by a criminal group (within the meaning of 31
Division 5 of Part 3A). 32
(4) It is a defence in proceedings for an aggravated intoxication offence if the 33
accused would not have been intoxicated but for intoxication that was not 34
self-induced (within the meaning of Part 11A). 35
(5) For the purposes of proceedings for an aggravated intoxication offence (and 36
without limiting any other evidence that may be given of intoxication): 37
(a) evidence may be given of the presence and concentration of any 38
alcohol, narcotic drug or other intoxicating substance in the accused's 39
breath, blood or urine as determined by an analysis carried out in 40
accordance with Division 4 of Part 10 of the Law Enforcement (Powers 41
and Responsibilities) Act 2002, and 42
(b) the concentration of alcohol in the accused's blood at the time of the 43
alleged offence is presumed to be at least the concentration of alcohol 44
in the accused's blood within 6 hours after the alleged offence as 45
Page 3
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
determined by such an analysis (unless the accused proves the 1
contrary), and 2
(c) the concentration of a narcotic drug in the accused's blood or urine at 3
the time of the alleged offence is presumed to be at least the 4
concentration of the drug in the accused's blood or urine within 6 hours 5
after the alleged offence as determined by such an analysis (unless the 6
accused proves the contrary), and 7
(d) the accused is presumed to have been intoxicated at the time of the 8
alleged offence if the accused refused or failed to provide a blood 9
sample (other than on medical grounds) in relation to the alleged 10
offence pursuant to a requirement under Division 4 of Part 10 of the Law 11
Enforcement (Powers and Responsibilities) Act 2002 (unless the 12
accused proves that the accused was not intoxicated at the time of the 13
alleged offence). 14
(6) A presumption under subsection (5) (b) or (c) cannot be rebutted unless the 15
accused also proves that the accused did not consume or take alcohol or a 16
narcotic drug within 6 hours after the time of the alleged offence in order to 17
alter the presence or concentration of alcohol or a narcotic drug in the person's 18
blood or urine. 19
8B Minimum sentences of imprisonment, and non-parole period, for certain 20
aggravated intoxication offences 21
(1) This section applies to an offence under any section or subsection of this Act 22
for which a sentence of imprisonment is specified at the end of the section or 23
subsection as the minimum penalty for the offence. 24
Note. See sections 25A (2), 35 (1AA), 35 (1A), 35 (2A), 35 (3A), 60 (3B) and 60 (3C). 25
(2) A court, in proceedings on indictment, is required to impose a sentence of 26
imprisonment on a person guilty of any such offence that is not less than the 27
sentence of imprisonment specified as the minimum penalty for the offence. 28
(3) Any non-parole period for that sentence of imprisonment is also required to be 29
not less than the minimum sentence for the offence. 30
(4) This section does not apply to the sentencing of a person who had a significant 31
cognitive impairment at the time the offence was committed (not being a 32
temporary self-induced impairment). A cognitive impairment includes an 33
intellectual disability, a developmental disorder (including an autistic 34
spectrum disorder), a neurological disorder, dementia, a mental illness or a 35
brain injury. 36
(5) If this section requires a person to be sentenced to a minimum period of 37
imprisonment, nothing in section 21 (or any other provision) of the Crimes 38
(Sentencing Procedure) Act 1999 or in any other Act or law authorises a court 39
to impose a lesser or no sentence (or to impose a lesser non-parole period). 40
(6) Nothing in this section affects the prerogative of mercy. 41
[3] Section 25A Assault causing death 42
Omit "with any part of the person's body or with an object held by the person" from section 43
25A (1) (a). 44
[4] Section 25A (2) 45
Insert "in public" after "intoxicated". 46
Page 4
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
[5] Section 25A (2) 1
Insert at the end of the subsection: 2
Minimum penalty: Imprisonment for 8 years. 3
[6] Section 25A (2A) 4
Insert after section 25A (2): 5
(2A) For the purposes of this section, a person hits another person if the person: 6
(a) hits the other person with any part of the person's body, or 7
(b) hits the other person with a thing worn or held by the person, or 8
(c) forces any part of the other person's body to hit the ground, a structure 9
or other thing. 10
[7] Section 25A (3) 11
Omit "or an object". Insert instead "or other thing". 12
[8] Section 25A (5), (6) and (10) 13
Omit the subsections. 14
[9] Section 25A 15
Insert at the end of the section: 16
Note. See section 8A for provisions relating to establishing intoxication in public for the 17
purposes of the aggravated intoxication offence under subsection (2). 18
[10] Section 25B Assault causing death when intoxicated--mandatory minimum 19
sentence 20
Omit the section. 21
[11] Section 35 Reckless grievous bodily harm or wounding 22
Insert before section 35 (1): 23
(1AA) Reckless grievous bodily harm--when intoxicated in public and in company 24
A person of or above the age of 18 years who, when intoxicated in public and 25
in the company of another person or persons: 26
(a) causes grievous bodily harm to any person, and 27
(b) is reckless as to causing actual bodily harm to that or any other person, 28
is guilty of an offence. 29
Maximum penalty: Imprisonment for 16 years. 30
Minimum penalty: Imprisonment for 5 years. 31
Page 5
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
[12] Section 35 (1A) 1
Insert after section 35 (1): 2
(1A) Reckless grievous bodily harm--when intoxicated in public 3
A person of or above the age of 18 years who, when intoxicated in public: 4
(a) causes grievous bodily harm to any person, and 5
(b) is reckless as to causing actual bodily harm to that or any other person, 6
is guilty of an offence. 7
Maximum penalty: Imprisonment for 12 years. 8
Minimum penalty: Imprisonment for 4 years. 9
[13] Section 35 (2A) 10
Insert after section 35 (2): 11
(2A) Reckless wounding--when intoxicated in public and in company 12
A person of or above the age of 18 years who, when intoxicated in public and 13
in the company of another person or persons: 14
(a) wounds any person, and 15
(b) is reckless as to causing actual bodily harm to that or any other person, 16
is guilty of an offence. 17
Maximum penalty: Imprisonment for 12 years. 18
Minimum penalty: Imprisonment for 4 years. 19
[14] Section 35 (3A) 20
Insert after section 35 (3): 21
(3A) Reckless wounding--when intoxicated in public 22
A person of or above the age of 18 years who, when intoxicated in public: 23
(a) wounds any person, and 24
(b) is reckless as to causing actual bodily harm to that or any other person, 25
is guilty of an offence. 26
Maximum penalty: Imprisonment for 9 years. 27
Minimum penalty: Imprisonment for 3 years. 28
[15] Section 35 (5) 29
Insert "and no or a lesser minimum penalty" after "that carries a lesser maximum penalty". 30
[16] Section 35 31
Insert at the end of the section: 32
Note. See section 8A for provisions relating to establishing intoxication in public for the 33
purposes of the aggravated intoxication offences under this section. 34
Page 6
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
[17] Section 59 1
Omit the section. Insert instead: 2
59 Assault occasioning actual bodily harm 3
(1) Assault 4
A person who: 5
(a) assaults any person, and 6
(b) by the assault occasions actual bodily harm to that person, 7
is guilty of an offence. 8
Maximum penalty: Imprisonment for 5 years. 9
(1A) Assault--when intoxicated in public 10
A person of or above the age of 18 years who, when intoxicated in public: 11
(a) assaults any person, and 12
(b) by the assault occasions actual bodily harm to that person, 13
is guilty of an offence. 14
Maximum penalty: Imprisonment for 7 years. 15
(2) Assault--when in company 16
A person who, in the company of another person or persons: 17
(a) assaults any person, and 18
(b) by the assault occasions actual bodily harm to that person, 19
is guilty of an offence. 20
Maximum penalty: Imprisonment for 7 years. 21
(3) Assault--when intoxicated in public and in company 22
A person of or above the age of 18 years who, when intoxicated in public and 23
in the company of another person or persons: 24
(a) assaults any person, and 25
(b) by the assault occasions actual bodily harm to that person, 26
is guilty of an offence. 27
Maximum penalty: Imprisonment for 9 years. 28
(4) Alternative verdict 29
If on the trial of a person charged with an offence under any subsection of this 30
section the jury is not satisfied that the offence is proven but is satisfied that 31
the person has committed an offence under any other subsection of this section 32
(that carries a lesser maximum penalty), the jury may acquit the person of the 33
offence charged and find the person guilty of an offence under that other 34
subsection. The person is liable to punishment accordingly. 35
Note. See section 8A for provisions relating to establishing intoxication in public for the 36
purposes of the aggravated intoxication offences under this section. 37
[18] Section 60 Assault and other actions against police officers 38
Omit "is liable to imprisonment for 5 years." from section 60 (1). Insert instead: 39
is guilty of an offence. 40
Maximum penalty: Imprisonment for 5 years. 41
Page 7
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
[19] Section 60 (1A) and (2) 1
Omit "is liable to imprisonment for 7 years." wherever occurring. Insert instead: 2
is guilty of an offence. 3
Maximum penalty: Imprisonment for 7 years. 4
[20] Section 60 (1B) 5
Insert after section 60 (1A): 6
(1B) A person of or above the age of 18 years who, when intoxicated in public, 7
assaults, throws a missile at, stalks, harasses or intimidates a police officer 8
while in the execution of the officer's duty, although no actual bodily harm is 9
occasioned to the officer, is guilty of an offence. 10
Maximum penalty: Imprisonment for 7 years. 11
[21] Section 60 (2A) 12
Omit "is liable to imprisonment for 9 years.". Insert instead: 13
is guilty of an offence. 14
Maximum penalty: Imprisonment for 9 years. 15
[22] Section 60 (2B) 16
Insert after section 60 (2A): 17
(2B) A person of or above the age of 18 years who, when intoxicated in public, 18
assaults a police officer while in the execution of the officer's duty, and by the 19
assault occasions actual bodily harm, is guilty of an offence. 20
Maximum penalty: Imprisonment for 9 years. 21
[23] Section 60 (3) 22
Omit "is liable to imprisonment for 12 years.". Insert instead: 23
is guilty of an offence. 24
Maximum penalty: Imprisonment for 12 years. 25
[24] Section 60 (3A) 26
Omit "is liable to imprisonment for 14 years.". Insert instead: 27
is guilty of an offence. 28
Maximum penalty: Imprisonment for 14 years. 29
[25] Section 60 (3B) and (3C) 30
Insert after section 60 (3A): 31
(3B) A person of or above the age of 18 years who by any means, when intoxicated 32
in public: 33
(a) wounds or causes grievous bodily harm to a police officer while in the 34
execution of the officer's duty, and 35
(b) is reckless as to causing actual bodily harm to that officer or any other 36
person, 37
is guilty of an offence. 38
Maximum penalty: Imprisonment for 14 years. 39
Minimum penalty: Imprisonment for 5 years. 40
Page 8
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(3C) A person of or above the age of 18 years who by any means, during a public 1
disorder and when intoxicated in public: 2
(a) wounds or causes grievous bodily harm to a police officer while in the 3
execution of the officer's duty, and 4
(b) is reckless as to causing actual bodily harm to that officer or any other 5
person, 6
is guilty of an offence. 7
Maximum penalty: Imprisonment for 16 years. 8
Minimum penalty: Imprisonment for 5 years. 9
[26] Section 60 10
Insert at the end of the section: 11
Note. See section 8A for provisions relating to establishing intoxication in public for the 12
purposes of the aggravated intoxication offences under this section. 13
[27] Section 93C Affray 14
Omit section 93C (1). Insert instead: 15
(1) A person: 16
(a) who uses or threatens unlawful violence towards another, and 17
(b) whose conduct is such as would cause a person of reasonable firmness 18
present at the scene to fear for his or her personal safety, 19
is guilty of an offence. 20
Maximum penalty: Imprisonment for 10 years. 21
(1A) A person of or above the age of 18 years: 22
(a) who, when intoxicated in public, uses or threatens unlawful violence 23
towards another, and 24
(b) whose conduct is such as would cause a person of reasonable firmness 25
present at the scene to fear for his or her personal safety, 26
is guilty of an offence. 27
Maximum penalty: Imprisonment for 12 years. 28
(1B) An offence under subsection (1) or (1A) is an offence of affray. 29
[28] Section 93C (2) 30
Insert "or (1A)" after "subsection (1)". 31
[29] Section 93C (5) 32
Insert "under subsection (1)" after "Affray". 33
[30] Section 93C (6) 34
Insert after section 93C (5): 35
(6) If on the trial of a person for an offence under subsection (1A) the jury is not 36
satisfied that the offence is proven but is satisfied that the person has 37
committed an offence under subsection (1), the jury may acquit the person of 38
the offence under subsection (1A) and find the person guilty of an offence 39
under subsection (1). The person is liable to punishment accordingly. 40
[31] Section 93C 41
Insert at the end of the section: 42
Page 9
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Note. See section 8A for provisions relating to establishing intoxication in public for the 1
purposes of the aggravated intoxication offence under subsection (1A). 2
[32] Schedule 11 Savings and transitional provisions 3
Omit Part 33. Insert instead: 4
Part 33 Crimes and Other Legislation Amendment (Assault 5
and Intoxication) Act 2014 and Crimes Amendment 6
(Intoxication) Act 2014 7
75 Review of operation of amendments made by amending Acts 8
(1) For the purposes of this clause, the relevant Ministers are the Attorney 9
General and the Minister for Police and Emergency Services. 10
(2) The relevant Ministers are to review the operation of the amendments made by 11
the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 12
2014 and the Crimes Amendment (Intoxication) Act 2014. The Ministers may 13
engage persons to assist in the review. 14
(3) The review is to be undertaken as soon as practicable and before 1 February 15
2017. 16
(4) The relevant Ministers are to report to the Premier on the outcome of the 17
review as soon as practicable after the review is completed. 18
Page 10
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Amendment of Law Enforcement (Powers and 1
Responsibilities) Act 2002 No 103 2
[1] Section 138D 3
Omit the section. Insert instead: 4
138D Persons to whom Division applies and purpose of exercise of powers 5
(1) This Division applies to a person who has been arrested by a police officer for 6
an alleged aggravated intoxication offence under the Crimes Act 1900. 7
(2) A police officer may exercise the powers conferred by this Division to confirm 8
or disprove that the person was intoxicated. 9
[2] Section 138E 10
Omit the section. Insert instead: 11
138E Definitions 12
In this Division: 13
aggravated intoxication offence means an offence against section 25A (2), 35 14
(1AA), 35 (1A), 35 (2A), 35 (3A), 59 (1A), 59 (3), 60 (1B), 60 (2B), 60 (3B), 15
60 (3C) or 93C (1A) of the Crimes Act 1900. 16
breath test, breath analysis and other words and expressions used in this 17
Division and in Schedule 3 to the Road Transport Act 2013 have the same 18
meanings as they have in that Schedule. 19
narcotic drug includes any prohibited drug under the Drug Misuse and 20
Trafficking Act 1985. 21
[3] Section 138F Breath testing and breath analysis for presence of alcohol 22
Omit "within 2 hours after the commission of the alleged offence" from section 138F (3). 23
Insert instead "as soon as possible and within 2 hours after the police officer has reason to 24
believe that the alleged offence was committed". 25
[4] Sections 138F (5) and 138G (6) 26
Omit "an offence under section 25A (2) of the Crimes Act 1900" wherever occurring. 27
Insert instead "an aggravated intoxication offence". 28
[5] Section 138G Blood and urine samples for analysis for presence of alcohol or drugs 29
Insert "or failed" after "refused" in section 138G (2). 30
[6] Section 138G (3) 31
Omit "within 4 hours after the commission of the alleged offence". 32
Insert instead "as soon as possible and within 12 hours after the police officer has reason to 33
believe that the alleged offence was committed". 34
[7] Section 138G (6) 35
Omit "alcohol, drug or other substance". Insert instead "alcohol or narcotic drug". 36
[8] Section 138H Offences relating to testing 37
Insert "or fails" after "refuses" in section 138H (1). 38
Page 11
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
[9] Section 138H (2A) and (2B) 1
Insert after section 138H (2): 2
(2A) A person is guilty of an offence if the person consumes or takes alcohol or a 3
narcotic drug within 12 hours after assaulting a person in order to alter the 4
presence or concentration of alcohol or a narcotic drug in the person's breath, 5
blood or urine and thereby avoid prosecution for an aggravated intoxication 6
offence. 7
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both. 8
(2B) A person cannot be found guilty of both an offence under subsection (2A) and 9
an aggravated intoxication offence to which the assault under that subsection 10
relates. 11
Page 12
Crimes Amendment (Intoxication) Bill 2014 [NSW]
Schedule 3 Consequential amendment of other Acts
Schedule 3 Consequential amendment of other Acts 1
3.1 Crimes (Sentencing Procedure) Act 1999 No 92 2
[1] Section 18 Interpretation of provisions imposing penalties 3
Insert at the end of the section: 4
Note. See section 8B of the Crimes Act 1900 for the interpretation of a penalty 5
expressed to be a minimum penalty for certain offences against that Act. 6
[2] Part 4, Division 1A, Table Standard non-parole periods 7
Insert after Item No 6: 8
6A Section 60 (3A) of the Crimes Act 1900 (wounding or 5 years
inflicting grievous bodily harm on police officer during
public disorder)
3.2 Criminal Procedure Act 1986 No 209 9
[1] Schedule 1 Indictable offences triable summarily 10
Omit "35" from item 2 of Table 1. Insert instead "35 (1), (2), (3) or (4)". 11
[2] Schedule 1 12
Omit "60 (2) or (2A)" from item 2 of Table 1. Insert instead "60 (2), (2A) or (2B)". 13
[3] Schedule 1 14
Omit "60 (1) or (1A)" from item 1 of Table 2. Insert instead "60 (1), (1A) or (1B)". 15
Page 13
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