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New South Wales
Courts and Crimes Legislation
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Child Protection (Offenders Registration) Act
2000 No 42 3
Schedule 2 Amendment of Criminal Procedure Act 1986 No 209 5
Schedule 3 Amendment of District Court Act 1973 No 9 6
Schedule 4 Amendment of Solicitor General Act 1969 No 80 7
Schedule 5 Amendment of Trustee Act 1925 No 14 8
b2010-129-32.d15
New South Wales
Courts and Crimes Legislation
Amendment Bill 2010
No , 2010
A Bill for
An Act to make miscellaneous amendments to legislation relating to crimes, court
proceedings and other matters.
Clause 1 Courts and Crimes Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Courts and Crimes Legislation Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Courts and Crimes Legislation Amendment Bill 2010
Amendment of Child Protection (Offenders Registration) Act 2000 No 42 Schedule 1
Schedule 1 Amendment of Child Protection 1
(Offenders Registration) Act 2000 No 42 2
[1] Section 3 Definitions 3
Omit paragraph (d) from the definition of Class 1 offence in section 3 (1). 4
Insert instead: 5
(d) an offence against section 272.8, 272.10 (if it relates to an 6
underlying offence against section 272.8) or 272.11 of the 7
Criminal Code of the Commonwealth, or an offence 8
against section 272.18, 272.19 or 272.20 of the Criminal 9
Code of the Commonwealth if it relates to another 10
Class 1 offence as elsewhere defined in this section, or 11
[2] Section 3 (1), definition of "Class 2 offence" 12
Omit paragraph (g). Insert instead: 13
(g) an offence against section 272.9, 272.10 (if it relates to an 14
underlying offence against section 272.9), 272.14 or 15
272.15 of the Criminal Code of the Commonwealth, or an 16
offence against section 272.18, 272.19 or 272.20 of the 17
Criminal Code of the Commonwealth if it relates to 18
another Class 2 offence as elsewhere defined in this 19
section, or 20
[3] Schedule 2 Savings, transitional and other provisions 21
Insert at the end of clause 1 (1): 22
Courts and Crimes Legislation Amendment Act 2010 23
[4] Schedule 2 24
Insert after Part 7: 25
Part 8 Provisions consequent on enactment of 26
Courts and Crimes Legislation 27
Amendment Act 2010 28
20 Application of amendments 29
(1) The amendments made to the definitions of Class 1 offence and 30
Class 2 offence in section 3 (1) by the amending Act extend to 31
any offence referred to in those amendments (a new registrable 32
offence) in respect of which a sentence was imposed before the 33
commencement of the amendments. 34
Page 3
Courts and Crimes Legislation Amendment Bill 2010
Schedule 1 Amendment of Child Protection (Offenders Registration) Act 2000 No 42
(2) Sections 4 and 5 do not apply in respect of a sentence imposed, 1
or a supervised sentence commenced, before the commencement 2
of the amending Act in respect of a new registrable offence. 3
(3) A person who becomes a registrable person on the 4
commencement of the amending Act merely because of having 5
committed a new registrable offence, and who is not in 6
government custody, must, within the appropriate period, report 7
the person's relevant personal information to the Commissioner 8
of Police. 9
(4) The appropriate period is: 10
(a) in relation to a person who is in New South Wales on the 11
commencement of the amending Act--21 days after that 12
commencement or before the person leaves New South 13
Wales, whichever period ends first, or 14
(b) in relation to a person who is not in New South Wales on 15
that commencement--within 7 days after entering and 16
remaining in New South Wales for 14 or more consecutive 17
days. 18
(5) The report must be made in the manner in which an initial report 19
must be made under this Act. 20
(6) For the purposes of calculating the period for which a person 21
must continue to comply with the person's reporting obligations 22
in respect of a new registrable offence, the reporting period for 23
the new registrable offence is taken to have commenced: 24
(a) when the person was sentenced for the new registrable 25
offence, or 26
(b) when the person ceases to be in government custody in 27
relation to the offence, 28
whichever is the later. 29
(7) A reference in this Act to the reporting obligations of a registrable 30
person includes a reference to the reporting obligations imposed 31
under this Part. 32
(8) In this clause, the amending Act means the Courts and Crimes 33
Legislation Amendment Act 2010. 34
Page 4
Courts and Crimes Legislation Amendment Bill 2010
Amendment of Criminal Procedure Act 1986 No 209 Schedule 2
Schedule 2 Amendment of Criminal Procedure Act 1
1986 No 209 2
[1] Section 94 Meaning of "offence involving violence" 3
Insert after section 94 (1) (f): 4
(f1) an offence the elements of which include the commission 5
of, or an intention to commit, an offence referred to in any 6
of the above paragraphs, 7
[2] Schedule 2 Savings, transitional and other provisions 8
Insert after Part 20: 9
Part 21 Provision consequent on enactment of 10
Courts and Crimes Legislation 11
Amendment Act 2010 12
67 Changes to the definition of "offence involving violence" 13
The amendment made by the Courts and Crimes Legislation 14
Amendment Act 2010 to the definition of offence involving 15
violence in section 94 applies in respect of committal 16
proceedings that a Magistrate first starts to hear after the 17
commencement of the amendment. 18
Page 5
Courts and Crimes Legislation Amendment Bill 2010
Schedule 3 Amendment of District Court Act 1973 No 9
Schedule 3 Amendment of District Court Act 1973 1
No 9 2
Section 18 Acting Judges 3
Insert after section 18 (4A): 4
(4B) A person who is or has been an associate Judge of the Supreme 5
Court of New South Wales may be so appointed even though that 6
person has reached the age of 72 years (or will have reached that 7
age before the appointment expires), but may not be so appointed 8
for any period that extends beyond the day on which he or she 9
reaches the age of 75 years. 10
Page 6
Courts and Crimes Legislation Amendment Bill 2010
Amendment of Solicitor General Act 1969 No 80 Schedule 4
Schedule 4 Amendment of Solicitor General Act 1
1969 No 80 2
Section 4 Delegation of powers 3
Insert after section 4 (1): 4
(1A) This section extends to any power, authority, duty or function of 5
the Attorney General to intervene in any proceedings before a 6
court or tribunal, whether personally or by agent, including a 7
power, authority, duty or function conferred on the Attorney 8
General as the Minister administering an Act. 9
Page 7
Courts and Crimes Legislation Amendment Bill 2010
Schedule 5 Amendment of Trustee Act 1925 No 14
Schedule 5 Amendment of Trustee Act 1925 No 14 1
[1] Section 18 Ratio of loan to value 2
Insert after section 18 (6): 3
(7) In this section, a prescribed insurer means an insurer or an 4
insurer of a class prescribed by the regulations. 5
[2] Schedule 2 Savings and transitional provisions 6
Insert after Part 2: 7
Part 3 Provision consequent on enactment of 8
Courts and Crimes Legislation 9
Amendment Act 2010 10
6 Saving of existing regulation 11
A regulation made for the purposes of section 18 (3) of the Act 12
that is in force on the commencement of this clause is taken to be 13
a regulation made for the purposes of section 18 (7) of the Act. 14
Page 8
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