New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Justice Legislation Amendment Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Acts 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Justice Legislation Amendment Bill 2017
Act No , 2017
An Act to amend various Acts relating to courts and crimes and other related matters.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Justice Legislation Amendment Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Justice Legislation Amendment Act 2017.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsection (2).
(2) Schedule 1.10 commences on a day or days to be appointed by proclamation.
Page 2
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
Schedule 1 Amendment of Acts
1.1 Bail Act 2013 No 26
[1] Section 16B Offences to which the show cause requirement applies
Omit section 16B (1) (d) (iii). Insert instead:
(iii) a serious indictable offence under the Firearms Act 1996 that
involves acquiring, supplying, manufacturing or giving
possession of a pistol or prohibited firearm or a firearm part that
relates solely to a prohibited firearm,
[2] Section 16B (3)
Omit "firearm, prohibited firearm and pistol, and use, acquire, supply or possession of a
firearm, have the same meanings as in the Firearms Act 1996".
Insert instead "firearm, firearm part, prohibited firearm and pistol, and use, acquire,
supply or possession of a firearm or firearm part, have the same meanings as in the
Firearms Act 1996".
1.2 Children (Criminal Proceedings) Act 1987 No 55
Section 31 Hearing of charges in the Children's Court
Insert after section 31 (5):
(6) Notwithstanding subsection (1), when the Children's Court commits to
another court for trial or sentence a person who is charged with an indictable
offence or a serious children's indictable offence (the principal indictable
offence):
(a) the prosecutor must, if the person has been charged with any back up or
related offence to the principal indictable offence, produce to the
Children's Court a certificate specifying the back up or related offence,
and
(b) the Children's Court may transfer to the other court proceedings for any
such back up or related offence.
(7) If a back up or related offence is transferred to another court under
subsection (6), the proceedings for such an offence are to be dealt with in
accordance with sections 167-169 of the Criminal Procedure Act 1986. For
that purpose, a reference in those sections to the Local Court is to be construed
as a reference to the Children's Court.
(8) In this section:
back up offence, in relation to a principal indictable offence, means an
offence:
(a) that is a summary offence or an indictable offence that is capable of
being dealt with summarily by the Children's Court, and
(b) all the elements of which are elements that are necessary to constitute
the principal indictable offence, and
(c) that is to be prosecuted on the same facts as the principal indictable
offence.
related offence, in relation to a principal indictable offence, means an offence:
(a) that is a summary offence or an indictable offence that is capable of
being dealt with summarily by the Children's Court, and
Page 3
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
(b) that arises from substantially the same circumstances as those from
which the principal indictable offence has arisen,
but does not include a back up offence.
1.3 Confiscation of Proceeds of Crime Act 1989 No 90
[1] Section 4 Definitions
Omit "the day on which the person was convicted of the offence" from paragraph (a) of the
definition of relevant period in section 4 (1).
Insert instead "the day on which the person was sentenced for the offence".
[2] Section 4 (10)
Insert after section 4 (9):
(10) Notes included in this Act do not form part of this Act.
[3] Section 25 Assessment of pecuniary penalty
Insert at the end of section 25 (5):
Note. For example, in the case of an illegal activity involving the trafficking of drugs, in
determining the value of benefits derived by the defendant from the trafficking of drugs
there is to be no reduction on account of any expenditure by the defendant in acquiring
the drugs.
[4] Sections 26 (2) and 83 (1) (d)
Omit "Service and Execution of Process Act 1901" wherever occurring.
Insert instead "Service and Execution of Process Act 1992".
[5] Section 30 Assessment of proceeds of drug trafficking
Insert after section 30 (6):
Note. For example, in the case of an illegal activity involving the trafficking of drugs, in
determining the value of the proceeds derived by the defendant from the trafficking of
drugs there is to be no reduction on account of any expenditure by the defendant in
acquiring the drugs.
[6] Schedule 1 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provision consequent on the enactment of Justice
Legislation Amendment Act 2017
Application of amendment
Section 4, as amended by the Justice Legislation Amendment Act 2017,
extends to a person:
(a) who has been convicted of, but not sentenced for, a serious offence
before the commencement of that amendment, or
(b) who was sentenced for a serious offence within the period of 6 months
before the commencement of that amendment.
Page 4
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
1.4 Court Security Act 2005 No 1
Section 8 Possession of restricted items in court premises
Omit paragraph (b) of the maximum penalty to section 8 (1). Insert instead:
(b) in the case of a knife that is not a prohibited weapon within the meaning
of the Weapons Prohibition Act 1998--20 penalty units or
imprisonment for 2 years (or both).
1.5 Crimes Act 1900 No 40
[1] Section 47 Using etc explosive substance or corrosive fluid etc
Insert "(including petrol)" after "any destructive or explosive substance".
[2] Section 193E Alternative verdicts
Insert after section 193E (2A):
(2B) If on the trial of a person for an offence under section 193C (1), the jury is not
satisfied that the accused is guilty of the offence charged, but is satisfied that
the accused is guilty of an offence under section 193C (2), it may find the
accused not guilty of the offence charged but guilty of the other offence, and
the accused is liable to punishment accordingly.
1.6 Crimes (Sentencing Procedure) Act 1999 No 92
Section 30A Reading out victim impact statements in court
Insert after section 30A (3):
(3A) If the proceedings are for a prescribed sexual offence, the part of the
proceedings in which the statement is read out is to be held in camera unless:
(a) the court directs (subject to subsection (3)), at the request of a party to
the proceedings, that the proceedings are to be held in open court, and
(b) the court is satisfied that:
(i) special reasons in the interests of justice require the part of the
proceedings to be held in open court, or
(ii) the victim to whom the statement relates consents to the
statement being read out in open court.
(3B) The principle that proceedings for an offence should generally be open or
public in nature, or that justice should be seen to be done, does not of itself
constitute special reasons in the interests of justice requiring the part of the
proceedings to be held in open court.
(3C) If the proceedings are for a prescribed sexual offence, the victim to whom the
statement relates is entitled to have a person or persons chosen by the victim
to be present near the victim, and within the victim's sight, when the statement
is read out, whether the statement is read in open court, in camera or in
accordance with any closed-circuit television arrangements. Any such person
or persons chosen by the victim may include a parent, guardian, relative, friend
or support person of the victim or a person assisting the victim in a
professional capacity.
Page 5
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
1.7 Criminal Appeal Act 1912 No 16
Section 5AA Appeal in criminal cases dealt with by courts in their summary
jurisdictions
Omit section 5AA (4). Insert instead:
(4) The Court of Criminal Appeal in proceedings before it on an appeal under this
section may:
(a) confirm the determination made by the Supreme Court in its summary
jurisdiction, or
(b) order that the determination made by the Supreme Court in its summary
jurisdiction be vacated and:
(i) make any determination that the Supreme Court in its summary
jurisdiction could have made on the evidence heard on appeal, or
(ii) order a new trial in such manner as the Court of Criminal Appeal
thinks fit.
1.8 Criminal Assets Recovery Act 1990 No 23
[1] Section 6 Meaning of "serious crime related activity"
Insert after paragraph (a) of the definition of drug trafficking offence in section 6 (3):
(a1) section 23A (Offences with respect to enhanced indoor cultivation of
prohibited plants in presence of children),
[2] Section 10B Contents and effect of restraining orders
Insert "(or during the time that it is in force)" after "a restraining order" in section 10B (2).
1.9 Criminal Procedure Act 1986 No 209
[1] Schedule 2 Savings, transitional and other provisions
Omit "evidence is given" from clause 84 (1).
Insert instead "accused person was committed for trial or sentence".
[2] Schedule 2, clause 84 (2)
Omit "order is made". Insert instead "accused person was committed for trial or sentence".
1.10 Mental Health (Forensic Provisions) Act 1990 No 10
[1] Section 32 Persons suffering from mental illness or condition or cognitive
impairment
Omit section 32 (1) (a) (i). Insert instead:
(i) cognitively impaired, or
[2] Section 32 (3) (b)
Omit the paragraph. Insert instead:
(b) on the condition that the defendant attend on a person or at a place
specified by the Magistrate:
(i) for assessment or treatment (or both) of the defendant's mental
condition or cognitive impairment, or
Page 6
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
(ii) to enable the provision of support in relation to the defendant's
cognitive impairment, or
[3] Section 32 (6)
Insert after section 32 (5):
(6) In this section:
cognitive impairment means ongoing impairment of a person's
comprehension, reasoning, adaptive functioning, judgment, learning or
memory that materially affects the person's ability to function in daily life and
is the result of damage to, or dysfunction, developmental delay or deterioration
of, the person's brain or mind, and includes (without limitation) any of the
following:
(a) intellectual disability,
(b) borderline intellectual functioning,
(c) dementia,
(d) acquired brain injury,
(e) drug or alcohol related brain damage, including foetal alcohol spectrum
disorder,
(f) autism spectrum disorder.
1.11 Surveillance Devices Act 2007 No 64
[1] Section 51 Particulars of warrants sought under Part 3 to be notified to Attorney
General
Omit section 51 (3).
[2] Section 54
Omit the section. Insert instead:
54 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be
served on any person may be served by any of the following methods:
(a) in the case of an individual--by personal delivery to the person,
(b) by post to the address specified by the person for the service of
documents of that kind,
(c) in the case of an individual who has not specified such an address--by
post to the residential or business address of the person last known to
the person serving the document,
(d) in the case of a corporation--by post to the registered office or any other
office of the corporation or by leaving it at any such office with a person
apparently over the age of 16 years,
(e) by fax to a fax number specified by the person for the service of
documents of that kind,
(f) by email to an email address specified by the person for the service of
documents of that kind,
(g) by any other method authorised by the regulations for the service of
documents of that kind.
Page 7
Justice Legislation Amendment Bill 2017 [NSW]
Schedule 1 Amendment of Acts
(2) Nothing in this section affects the operation of any provision of a law or of the
rules of a court authorising a document to be served on a person by any other
method.
(3) In this section, serve includes give or send.
1.12 Terrorism (Police Powers) Act 2002 No 115
[1] Section 17 Power to search persons
Omit the note to section 17 (2).
[2] Section 26V Power to search persons for seizable items
Omit the note to section 26V (5).
[3] Schedule 1 Conduct of personal searches
Omit "(Section 17)". Insert instead "(Sections 17 and 26V)".
[4] Schedule 1, clause 2
Omit the definitions of frisk search and ordinary search.
[5] Schedule 1, clause 3
Omit the clause. Insert instead:
3 Searches generally
A police officer who is authorised to search a person may, in conducting the
search:
(a) quickly run his or her hands over the person's outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article
of clothing and any gloves, shoes, socks and hat (but not, except in the
case of a strip search, all of the person's clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to
the person's outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
Page 8
[Index] [Search] [Download] [Related Items] [Help]