2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Crimes Amendment Bill 2006

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Crimes Act 1900
	3	Legislation amended—pt 2	3
	4	Offences against Act—application of Criminal Code etc
Section 7A, note 1, new dot points	3
	5	Power to conduct search of person for knife
New section 193 (1A)	3
	6	Section 193 (2) and (3)	3
	7	New section 193 (4)	4
	8	Return of seized knife or thing
Section 244 (1) (a) and (b)	4
	9	Forfeiture of knife
Section 248 (1)	4
	10	Section 248 (3) (a)	4
	11	Possession of knife in public place or school
Section 382 (1)	5
	12	New section 382A	5
	13	Dictionary, new definition of in the vicinity of	6
Part 3	Prohibited Weapons Act 1996
	14	Legislation amended—pt 3	7
	15	New sections 3A and 3B	7
	16	Sections 5 and 6	8
	17	Section 8	9

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Crimes Amendment Bill 2006

A Bill for
An Act to amend the Crimes Act 1900, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Crimes Amendment Act 2006.
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)).

Part 2	Crimes Act 1900
3	Legislation amended—pt 2
This part amends the Crimes Act 1900.
4	Offences against Act—application of Criminal Code etc
Section 7A, note 1, new dot points
insert
·	s 382 (Possession of knife in public place or school)
·	s 382A (Possession of knife in licensed premises etc)
5	Power to conduct search of person for knife
New section 193 (1A)
insert
	(1A)	If a person is in, or in the vicinity of, licensed premises, a police officer may—
	(a)	conduct a frisk search or an ordinary search of the person; and
	(b)	seize any knife found as a result of the search.
6	Section 193 (2) and (3)
omit
subsection (1)
substitute
this section
7	New section 193 (4)
insert
	(4)	In this section:
licensed premises—see the Liquor Act 1975, dictionary.
8	Return of seized knife or thing
Section 244 (1) (a) and (b)
omit
section 382
substitute
section 382 or section 382A
9	Forfeiture of knife
Section 248 (1)
omit
section 382 (Possession of knife in public place or school)
substitute
section 382 (Possession of knife in public place or school) or section 382A (Possession of knife in licensed premises etc)
10	Section 248 (3) (a)
omit
section 382
substitute
section 382 or section 382A
11	Possession of knife in public place or school
Section 382 (1)
substitute
	(1)	A person commits an offence if the person, without reasonable excuse—
	(a)	is in a public place or school; and
	(b)	is in possession of a knife.
Maximum penalty:  100 penalty units, imprisonment for 2 years or both.
12	New section 382A
insert
382A	Possession of knife in licensed premises etc
	(1)	A person commits an offence if the person—
	(a)	is in licensed premises; and
	(b)	is in possession of a knife.
Maximum penalty:  100 penalty units, imprisonment for 2 years or both.
	(2)	A person commits an offence if the person—
	(a)	is in the vicinity of licensed premises; and
	(b)	is in possession of a knife.
Maximum penalty:  100 penalty units, imprisonment for 2 years or both.
	(3)	This section does not apply to a person in possession of a knife in, or in the vicinity of, licensed premises if—
	(a)	the possession is necessary or reasonable for, or for a purpose incidental to, the lawful pursuit of the person’s occupation; or
	(b)	the possession is of a prescribed kind.
	(4)	In this section:
licensed premises—see the Liquor Act 1975, dictionary.
13	Dictionary, new definition of in the vicinity of
insert
in the vicinity of, licensed premises—a person is in the vicinity of licensed premises if the person is within 200 metres of the premises.

Part 3	Prohibited Weapons Act 1996
14	Legislation amended—pt 3
This part amends the Prohibited Weapons Act 1996.
15	New sections 3A and 3B
insert
3A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3B	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
·	s 5 (Possession or use of prohibited weapons)
·	s 6 (Possession of prohibited articles)
·	s 8 (Delivery to police by unauthorised holders).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
16	Sections 5 and 6
substitute
5	Possession or use of prohibited weapons
	(1)	A person commits an offence if the person—
	(a)	possesses or uses a prohibited weapon; and
	(b)	is not authorised by this Act to possess or use the weapon.
Maximum penalty:  100 penalty units, imprisonment for 2 years or both.
	(2)	In subsection (1):
use, a prohibited weapon, includes—
	(a)	fire or explode the weapon; and
	(b)	whether or not the weapon concerned is capable of being fired or exploded, cause a reasonable belief that it will be fired or exploded.
6	Possession of prohibited articles
A person commits an offence if the person—
	(a)	uses a prohibited article; and
	(b)	is not authorised by this Act to possess or use the article.
Maximum penalty:  50 penalty units, imprisonment for 1 year or both.
17	Section 8
substitute
8	Delivery to police by unauthorised holders
	(1)	A person commits an offence if the person—
	(a)	comes into possession of a prohibited weapon or prohibited article, but is not authorised by or under this Act to possess the weapon or article; and
	(b)	does not, not later than 7 days after the day the person comes into possession of the weapon or article, deliver the weapon or article to—
	(i)	a person who is authorised by a permit to possess it; or
	(ii)	a police officer.
Maximum penalty:  50 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if the person—
	(a)	possesses a prohibited weapon or prohibited article and ceases to be authorised to possess the weapon or article; and
	(b)	does not, not later than 7 days after the day the person ceases to be authorised to possess the weapon or article, deliver the weapon or article to—
	(i)	a person who is authorised by a permit to possess it; or
	(ii)	a police officer.
Maximum penalty:  50 penalty units, imprisonment for 1 year or both.
	(3)	A person does not contravene any other provision of this Act just by delivering or surrendering anything in accordance with this section or by accepting its delivery. 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006