2001
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Bill Stefaniak)
Crimes Amendment Bill 2001 (No 3)

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 2001 (No 3).
2	Commencement
This Act is taken to have commenced on 17 October 2001.
3	Act amended
This Act amends the Crimes Act 1900.
4	New division 4.3D
insert
Division 4.3D	Offences relating to biological substances or chemical agents
135S	Meaning of economic loss
In this division, economic loss caused through public awareness of the use, or possible use, of a biological substance or chemical agent includes economic loss caused through—
	(a)	members of the public not buying or using particular goods or services; or
	(b)	steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.
135T	Meaning of use
In this division, use in relation to a biological substance or chemical agent includes—
	(a)	giving or sending the substance or agent to someone; or
	(b)	putting or sending it where people are likely to be exposed to it.
135U	Using substance or agent with intent to cause public alarm or economic loss
A person must not use a biological substance or chemical agent with the intention of—
	(a)	causing public alarm or anxiety; or
	(b)	causing economic loss through public awareness of the use of the substance or agent.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
135V	Threatening to use substance or agent with intent to cause public alarm or economic loss
	(1)	A person must not threaten to use a biological substance or chemical agent with the intention of—
	(a)	causing public alarm or anxiety; or
	(b)	causing economic loss through public awareness of the possibility of the use of the substance or agent.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
	(2)	For this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.
135W	Making false statements about use of substance or agent with intent to cause public alarm or economic loss
	(1)	A person must not make a statement that the person believes to be false with the intention of—
	(a)	inducing the person to whom the statement is made or others to believe that a biological substance or chemical agent has been used; and
	(b)	in that way, either—
	(i)	causing public alarm or anxiety; or
	(ii)	causing economic loss through public awareness of the use, or possible use, of the substance or agent.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
	(2)	For this section, making a statement includes communicating information by any means.
135X	Territorial nexus for offences
It is immaterial that the conduct of a person forming an offence against this division happened outside the jurisdiction if the person intended by the conduct—
	(a)	to cause public alarm or anxiety in the ACT; or
	(b)	to cause economic loss in the ACT through public awareness of the use or possible use of the biological substance or chemical agent.

Endnotes
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.
Penalty units
2	The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

© Australian Capital Territory 2001