Australian Capital Territory
Crimes Legislation Amendment Act 2011
A2011-7
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Crimes Act 1900
	4	Meaning of sexual intercourse in pt 3
New section 50 (2)	3
	5	Act of indecency without consent
Section 60 (1)	3
	6	Section 60 (2)	3
	7	New section 60 (3)	3
	8	New section 63A	4
Part 3	Crimes (Sentencing) Act 2005
	9	Victim impact statements—use in court
Section 52 (2) (a)	5
Part 4	Criminal Code 2002
	10	Unlawful possession of stolen property
Section 324 (4), definition of stolen property	6
	11	Trafficking in controlled drug
Section 603, new note	6
	12	New section 636A	6
Part 5	Prostitution Act 1992
	13	Disqualifying offences—Crimes Act 1900
Schedule 1, new item 21A	8

Australian Capital Territory
Crimes Legislation Amendment Act 2011
A2011-7

An Act to amend legislation about crimes, 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 Legislation Amendment Act 2011.
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 following legislation:
·	Crimes Act 1900
·	Crimes (Sentencing) Act 2005
·	Criminal Code 2002
·	Prostitution Act 1992.

Part 2	Crimes Act 1900
4	Meaning of sexual intercourse in pt 3
New section 50 (2)
insert
	(2)	In this section:
object includes an animal.
5	Act of indecency without consent
Section 60 (1)
omit
who knows that that other person does not consent, or who is reckless as to whether that other person consents,
substitute
who is reckless as to whether that other person consents
6	Section 60 (2)
omit
who knows that that other person does not consent, or who is reckless as to whether that other person consents,
substitute
who is reckless as to whether that other person consents
7	New section 60 (3)
insert
	(3)	For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.
8	New section 63A
insert
63A	Bestiality
A person commits an offence if the person engages in a sexual activity of any kind with an animal.
Maximum penalty: imprisonment for 10 years.
Note	A reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

Part 3	Crimes (Sentencing) Act 2005
9	Victim impact statements—use in court
Section 52 (2) (a)
substitute
	(a)	after any of the following:
	(i)	the offender has pleaded guilty to the offence;
	(ii)	the court has found the offence proved;
	(iii)	the offender has been found guilty or convicted of the offence; and

Part 4	Criminal Code 2002
10	Unlawful possession of stolen property
Section 324 (4), definition of stolen property
substitute
stolen property means property obtained in a way that is an appropriation of property under section 304.
11	Trafficking in controlled drug
Section 603, new note
after section 603 (8), insert
Note	For an alternative verdict provision applying to an offence against this section, see s 636A.
12	New section 636A
in part 6.6, insert
636A	Alternative verdicts—trafficking in or possessing controlled drug
	(1)	This section applies if, in a prosecution for an offence against section 603 (Trafficking in controlled drug), the trier of fact—
	(a)	is not satisfied beyond reasonable doubt that the defendant committed the offence; but
	(b)	is satisfied beyond reasonable doubt that the defendant committed an alternative offence.
	(2)	The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
	(3)	In this section:
alternative offence means an offence against—
	(a)	the Drugs of Dependence Act 1989, section 169 (Possessing drugs of dependence); or
	(b)	that Act, section 171 (Possessing prohibited substances); or
	(c)	the Medicines, Poisons and Therapeutic Goods Act 2008, section 36 (Possessing certain declared substances).

Part 5	Prostitution Act 1992
13	Disqualifying offences—Crimes Act 1900
Schedule 1, new item 21A
insert
21A	63A	bestiality	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 9 December 2010.
2	Notification
	Notified under the Legislation Act on 16 March 2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Crimes Legislation Amendment Bill 2011, which originated in the Legislative Assembly as the Crimes Legislation Amendment Bill 2010 and was passed by the Assembly on 8 March 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011