2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Crimes (Offences Against Police) Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 9A	2
	5	Manslaughter
Section 15, note	2
	6	Intentionally inflicting grievous bodily harm
Section 19, note	3
	7	Recklessly inflicting grievous bodily harm
Section 20, note	3
	8	Wounding
Section 21, note	3
	9	Assault with intent to commit other offence
New section 22 (2) and note	3
	10	Inflicting actual bodily harm
Section 23, note	4
	11	Assault occasioning actual bodily harm
Section 24, note	4
	12	Causing grievous bodily harm
New section 25 (2) and note	4
	13	Common assault
New section 26 (2) and note	4
	14	Threat to kill
New section 30 (2) and note	5
	15	Threat to inflict grievous bodily harm
New section 31 (2) and note	5
	16	Possession of object with intent to kill etc
New section 33 (2) and note	5
	17	Forcible confinement
New section 34 (2) and note	5
	18	Stalking
Section 35 (1), penalty	6
	19	Affray
Section 35A, penalty	7
	20	Aggravated offences—offences against pregnant women
Section 48A (2) and (3)	7
	21	Section 48A (4) and (5)	7
	22	Alternative verdicts for aggravated offences—offences against pregnant women
Section 48B (2), definition of aggravated offence	8
	23	New sections 48C and 48D	8
	24	Table 49, item 6, column 2	13
	25	Dictionary, definition of aggravated offence	13
	26	Dictionary, new definitions	14

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Crimes (Offences Against Police) Amendment Bill 2012

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 (Offences Against Police) Amendment Act 2012.
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 section 9A
in part 2, insert
9A	Definitions—pt 2
In this part:
aggravated offence means an aggravated offence against a pregnant woman or an aggravated offence against a police officer.
aggravated offence against a police officer—see section 48C.
aggravated offence against a pregnant woman—see section 48A.
fault element—see the Criminal Code, section 17.
5	Manslaughter
Section 15, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
6	Intentionally inflicting grievous bodily harm
Section 19, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
7	Recklessly inflicting grievous bodily harm
Section 20, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
8	Wounding
Section 21, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
9	Assault with intent to commit other offence
New section 22 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 7 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
10	Inflicting actual bodily harm
Section 23, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
11	Assault occasioning actual bodily harm
Section 24, note
substitute
Note	Section 48A (Aggravated offences—offences against pregnant women) and s 48C (Aggravated offences—offences against police officers) make provision in relation to aggravated offences against this section.
12	Causing grievous bodily harm
New section 25 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 7 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
13	Common assault
New section 26 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 3 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
14	Threat to kill
New section 30 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 13 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
15	Threat to inflict grievous bodily harm
New section 31 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 7 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
16	Possession of object with intent to kill etc
New section 33 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 7 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
17	Forcible confinement
New section 34 (2) and note
insert
	(2)	However, for an aggravated offence against a police officer, the maximum penalty is imprisonment for 13 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
18	Stalking
Section 35 (1), penalty
substitute
Maximum penalty:
	(a)	for an aggravated offence against a police officer—
	(i)	imprisonment for 7 years if—
	(A)	the offence involved a contravention of an injunction or other order made by a court; or
	(B)	the offender was in possession of an offensive weapon; or
	(ii)	imprisonment for 3 years in any other case; or
	(b)	in any other case—
	(i)	imprisonment for 5 years if—
	(A)	the offence involved a contravention of an injunction or other order made by a court; or
	(B)	the offender was in possession of an offensive weapon; or
	(ii)	imprisonment for 2 years in any other case.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
19	Affray
Section 35A, penalty
substitute
Maximum penalty:
	(a)	for an aggravated offence against a police officer—imprisonment for 13 years; or
	(b)	in any other case—imprisonment for 10 years.
Note	Section 48C (Aggravated offences—offences against police officers) makes provision in relation to aggravated offences against this section.
20	Aggravated offences—offences against pregnant women
Section 48A (2) and (3)
omit
aggravated offence
substitute
aggravated offence against a pregnant woman
21	Section 48A (4) and (5)
omit
aggravated offence
substitute
aggravated offence against a pregnant woman
22	Alternative verdicts for aggravated offences—offences against pregnant women
Section 48B (2), definition of aggravated offence
substitute
aggravated offence means an aggravated offence against a pregnant woman.
23	New sections 48C and 48D
insert
48C	Aggravated offences—offences against police officers
	(1)	This section applies to an offence against any of the following provisions:
	(a)	section 15 (Manslaughter);
	(b)	section 19 (Intentionally inflicting grievous bodily harm);
	(c)	section 20 (Recklessly inflicting grievous bodily harm);
	(d)	section 21 (Wounding);
	(e)	section 22 (Assault with intent to commit other offence);
	(f)	section 23 (Inflicting actual bodily harm);
	(g)	section 24 (Assault occasioning actual bodily harm);
	(h)	section 25 (Causing grievous bodily harm);
	(i)	section 26 (Common assault);
	(j)	section 30 (Threat to kill);
	(k)	section 31 (Threat to inflict grievous bodily harm);
	(l)	section 33 (Possession of object with intent to kill etc);
	(m)	section 34 (Forcible confinement);
	(n)	section 35 (Stalking);
	(o)	section 35A (Affray).
	(2)	The offence is an aggravated offence against a police officer if the offence was committed against a police officer—
	(a)	while the police officer was exercising the officer’s functions as a police officer; or
	(b)	because of, or in retaliation for, anything done by the police officer or any other police officer in the exercise of the officer’s functions as a police officer.
	(3)	However, the offence is not an aggravated offence against a police officer if the defendant proves, on the balance of probabilities, that the defendant did not know, and could not reasonably have known, that the person was a police officer.
	(4)	If the prosecution intends to prove that the offence is an aggravated offence against a police officer, the relevant factors of aggravation must be stated in the charge.
	(5)	To remove any doubt—
	(a)	it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and
 	(b)	the Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1) (a) to (n), whether or not it is an aggravated offence against a police officer.
	(6)	In this section:
applied provisions—see the Criminal Code, section 10 (1).
factor of aggravation means a matter mentioned in subsection (2) (a) or (b).
48D	Alternative verdicts for aggravated offences—offences against police officers
	(1)	If, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48D, the trier of fact is not satisfied that the defendant committed the aggravated offence, but is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence), 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.
Table 48D
column 1
item	column 2
aggravated offence	column 3
alternative offences	
1	section 15 (Manslaughter), aggravated offence	·	section 15, simple offence
·	section 20 (Recklessly inflicting grievous bodily harm), aggravated offence
·	section 20, simple offence 
·	section 25 (Causing grievous bodily harm), aggravated offence
·	section 25, simple offence
·	section 29 (2) (Culpable driving of motor vehicle—causing death)	
2	section 19 (Intentionally inflicting grievous bodily harm), aggravated offence	·	section 19, simple offence
·	section 20 (Recklessly inflicting grievous bodily harm), aggravated offence
·	section 20, simple offence
·	section 21 (Wounding), aggravated offence
·	section 21, simple offence
·	section 23 (Inflicting actual bodily harm), aggravated offence
·	section 23, simple offence	
3	section 20 (Recklessly inflicting grievous bodily harm), aggravated offence	·	section 20, simple offence
·	section 23 (Inflicting actual bodily harm), aggravated offence
·	section 23, simple offence
·	section 25 (Causing grievous bodily harm), aggravated offence
·	section 25, simple offence
·	section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm)	
4	section 21 (Wounding), aggravated offence	·	section 21, simple offence
·	section 23 (Inflicting actual bodily harm), aggravated offence
·	section 23, simple offence
·	section 24 (Assault occasioning actual bodily harm), aggravated offence
·	section 24, simple offence
·	section 26 (Common assault), aggravated offence
·	section 26, simple offence	
5	section 22
(Assault with intent to commit other offence), aggravated offence	·	section 22, simple offence
·	section 26 (Common assault), aggravated offence
·	section 26, simple offence	
6	section 23 (Inflicting actual bodily harm), aggravated offence	·	section 23, simple offence
·	section 24 (Assault occasioning actual bodily harm), aggravated offence
·	section 24, simple offence
·	section 26 (Common assault), aggravated offence
·	section 26, simple offence	
7	section 24 (Assault occasioning actual bodily harm), aggravated offence	·	section 24, simple offence
·	section 26 (Common assault), aggravated offence
·	section 26, simple offence	
8	section 25 (Causing grievous bodily harm), aggravated offence	·	section 25, simple offence	
9	section 26 (Common assault), aggravated offence	·	section 26, simple offence	
10	section 30 (Threat to kill), aggravated offence	·	section 30, simple offence	
11	section 31 (Threat to inflict grievous bodily harm), aggravated offence	·	section 31, simple offence	
12	section 33 (Possession of object with intent to kill etc), aggravated offence	·	section 33, simple offence	
13	section 34 (Forcible confinement), aggravated offence	·	section 34, simple offence	
14	section 35 (Stalking), aggravated offence	·	section 35, simple offence	
15	section 35A (Affray), aggravated offence	·	section 35A, simple offence	
	(2)	In this section:
aggravated offence means an aggravated offence against a police officer.
simple offence, in relation to a provision, means an offence against the provision that is not an aggravated offence against the provision.
24	Table 49, item 6, column 2
omit
(2)
25	Dictionary, definition of aggravated offence
substitute
aggravated offence—
	(a)	for part 2 (Offences against the person)—see section 9A; and
	(b)	for part 5 (Sexual servitude)—see section 81.
26	Dictionary, new definitions
insert
aggravated offence against a police officer, for part 2 (Offences against the person)—see section 9A.
aggravated offence against a pregnant woman, for part 2 (Offences against the person)—see section 9A.
fault element, for part 2 (Offences against the person)—see section 9A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 15 February 2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012