2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Greg Cornwell)
Crimes Amendment Bill 2004

A Bill for
An Act to amend the Crimes Act 1900

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Crimes Amendment Act 2004.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes Act 1900.
4	New sections 384A and 384B
insert
384A	Sale of spray paint can to child
	(1)	A person commits an offence if—
	(a)	the person sells a spray paint can; and
	(b)	the person to whom the spray paint can is sold is a child.
Maximum penalty:  10 penalty units.
	(2)	Strict liability applies to subsection (1) (b).
	(3)	An employer commits an offence if an employee of the employer sells a spray paint can to a child.
Maximum penalty:  10 penalty units.
	(4)	An offence against subsection (3) is a strict liability offence.
	(5)	Without limiting subsection (4), it does not matter that the spray paint can is sold without the employer’s authority or contrary to the employer’s orders or instructions.
	(6)	It is a defence to a prosecution for an offence against subsection (3) in relation to the sale of a spray paint can to a child if the employer proves that the employer—
	(a)	had no knowledge of the sale; and
	(b)	could not, by the exercise of appropriate diligence, have prevented the sale.
	(7)	An employer may be prosecuted for, and convicted of, an offence against subsection (3) in relation to the sale of a spray paint can by an employee to a child whether or not the employee has been prosecuted for, or convicted of, an offence against subsection (1) in relation to the sale.
	(8)	The regulations may provide that this section does not apply in relation to a stated kind of spray paint can.
	(9)	In this section:
spray paint can means a spray can that contains spray paint.
384B	Regulations under the Magistrates Court Act 1930
	(1)	The provisions set out in the Crimes Amendment Act 2004, schedule 1 are taken, on the commencement of this section, to be regulations made under the Magistrates Court Act 1930, section 258 (Power to make rules or regulations).
	(2)	To remove any doubt and without limiting subsection (1), the provisions set out in the Crimes Amendment Act 2004, schedule 1 may be amended or repealed as if they had been made as regulations by the Executive under the Magistrates Court Act 1930, section 258.
	(3)	To remove any doubt, the regulations mentioned in subsection (1) are taken to have commenced on the day this section commences.
	(4)	Subsections (1), (2) and (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	This section expires on the day it commences.
5	Expiry of Act
This Act expires on the day after it commences.

Schedule 1	New regulations
(see s 3)

Australian Capital Territory
Magistrates Court (Crimes Infringement Notices) Regulations 2004
1	Name of regulations
These regulations are the Magistrates Court (Crimes Infringement Notices) Regulations 2004.
2	Purpose of regulations
The purpose of these regulations is to provide for infringement notices under the Magistrates Court Act 1930, part 8 for certain offences against the Crimes Act.
Note	The Magistrates Court Act 1930, pt 8 creates a system of infringement notices for offences against various Acts.  The infringement notice system is intended to provide an alternative to prosecution.
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Meaning of Crimes Act
In these regulations:
Crimes Act means the Crimes Act 1900.
5	Administering authority
The administering authority for an infringement notice offence against the Crimes Act is the chief police officer.
6	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Crimes Act mentioned in schedule 1, column 2.
7	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Crimes Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.
	(2)	The penalty payable by a corporation for an offence against the Crimes Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence.
	(3)	The cost of serving a reminder notice for an infringement notice offence against the Crimes Act is $34.
8	Contents of infringement notices—other information
	(1)	An infringement notice served on a company by an authorised person for an infringement notice offence against the Crimes Act must include the company’s ACN.
Note	The requirement under this regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this regulation:
company means a company registered under the Corporations Act.
9	Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person who is a police officer for an infringement notice offence against the Crimes Act must identify the authorised person by the authorised person’s service number as a police officer.
10	Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person who is a police officer for an infringement notice offence against the Crimes Act must identify the authorised person by the authorised person’s service number as a police officer.
11	Authorised people for infringement notice offences
A police officer may serve—
	(a)	an infringement notice for an infringement notice offence against the Crimes Act; and
	(b)	a reminder notice for an infringement notice offence against the Crimes Act.

Schedule 1	Crimes Act infringement notice offences and penalties
(see reg 6 and reg 7)

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	section 384A (1)	10	100	
2	section 384A (3)	10	100	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004