2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2011

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Crimes Act 1900
	4	New section 293	3
Part 3	Crimes (Sentencing) Act 2005
	5	Sentencing—relevant considerations
New section 33 (1) (ga)	5
Part 4	Criminal Code 2002
	6	Self-defence
New section 42 (3) (c)	6
	7	New section 42 (5) to (7)	6

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2011

A Bill for
An Act to amend legislation about self-defence and sentencing

    

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.

Part 2	Crimes Act 1900
4	New section 293
insert
293	Self-defence—limited if defendant under police restraint
	(1)	A plea of self-defence may not be raised in a proceeding for an offence against a law in force in the ACT, to which the Criminal Code does not apply, where the defendant believed on reasonable grounds that an act making up the offence was necessary to prevent or end the unlawful imprisonment of the defendant, or someone else, if—
	(a)	the imprisonment perceived as unlawful by the defendant was because of the defendant’s, or other person’s, restraint by a police officer; and
	(b)	it was reasonably clear that the person carrying out the restraint was a police officer.
	(2)	Subsection (1) does not apply to an act that happened before the commencement of this section.
	(3)	Subsection (2) and this subsection expire 5 years after the day this section commences.
	(4)	In this section:
direction, given to a person by a police officer, means a direction that is given by the officer in the honest belief that the direction could be lawfully given.
restraint includes any restriction on a person’s liberty because the person is under arrest or has been given a direction by a police officer that requires the person to remain in the custody of, or at a place in accordance with a direction of, a police officer until a police officer rescinds the direction.
Examples—restraint
1	detention for breath analysis (see Road Transport (Alcohol and Drugs) Act 1977, s 11)
2	a direction to remain at a place while roadside drug screening test carried out (see Road Transport (Alcohol and Drugs) Act 1977, s 13A)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
under arrest means arrested by a police officer holding the honest belief that the arrest could be lawfully made.

Part 3	Crimes (Sentencing) Act 2005
5	Sentencing—relevant considerations
New section 33 (1) (ga)
insert
	(ga)	if the offence involved a victim who, at the time of the offence, was providing a service to the public the nature of which exposed the victim to an increased risk of the offence or a similar offence; 
Examples
1	police officer
2	parking inspector
3	nurse
4	member of the emergency services
5	bus or taxi driver
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 4	Criminal Code 2002
6	Self-defence
New section 42 (3) (c)
insert
	(c)	the person—
	(i)	is, or is with someone else who is, under restraint by a police officer and it is reasonable to know the person carrying out the restraint is a police officer; and
	(ii)	is responding to prevent or end the restraint because the person believes the restraint is an unlawful imprisonment of himself or herself or the other person.
7	New section 42 (5) to (7)
insert
	(5)	Subsections (3) (c) and (7) do not apply to conduct that happened before the commencement of this section.
	(6)	Subsection (5) and this subsection expire 5 years after the day this section commences.
	(7)	In this section:
direction, given to a person by a police officer, means a direction that is given by the officer in the honest belief that the direction could be lawfully given.
restraint includes any restriction on a person’s liberty because the person is under arrest or has been given a direction by a police officer that requires the person to remain in the custody of, or at a place in accordance with a direction of, a police officer until a police officer rescinds the direction.
Examples—restraint
1	detention for breath analysis (see Road Transport (Alcohol and Drugs) Act 1977, s 11)
2	a direction to remain at a place while roadside drug screening test carried out (see Road Transport (Alcohol and Drugs) Act 1977, s 13A)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
under arrest means arrested by a police officer holding the honest belief that the arrest could be lawfully made.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 8 December 2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011