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CRIME (MISCELLANEOUS AMENDMENTS) BILL 2013 BILL 4 OF 2013

                           FACT SHEET

           Crimes (Miscellaneous Amendments) Bill 2013

The Bill makes a number of amendments to the Criminal Code Act 1924
and the Justices Act 1959. The Bill:


    Amends the Criminal Code Act 1924 to

    (a) Insert definition of "motor vehicle" in section 1. The definition
        is required because of the use of the term in the new
        carjacking offence;

    (b) Omit section 92 (Maintenance);

    (c) Amend section 150 to clarify that the duty extends to an
        animal that may endanger human life ;

    (d) Insert a new section creating crimes of carjacking and
        aggravated carjacking;

    (e) Insert a new section creating a general crime of fraud;

    (f)   Delete paragraph 297(1)(d) consequential on the creation of
          the new general fraud crime;

    (g) Insert 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;

    (h) Insert a new section 334C to provide for alternative
        convictions on a charge of causing death by dangerous driving;

    (i)   Insert a new paragraph (d) in section 337B(1) to add another
          possible alternative conviction to a charge of maintaining a
          sexual relationship with a young person;
 
 
(j)   Insert a new paragraph (ba) to include the new crime of fraud
      as a possible alternative conviction to other crimes of
      dishonesty;

(k) Amend section 350(1) to allow a person appearing for the
    Crown, other than a Crown Law Officer to inform the court
    that the Crown will not proceed further;

(l)   Insert a new section 368B to provide that a defendant who
      intends to adduce the evidence of an "expert" (admissible
      opinion evidence within the meaning of the Evidence Act 2001)
      must give notice of evidence containing certain specified
      information and provide that the Court must warn the
      defendant of the requirements of this new section;
Amends the Justices Act 1959 to insert a new provision that mirrors
section 402(4A) of the Criminal Code which states that on hearing
an appeal which may result in the imposition of a new 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.
 
 

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