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This is a Bill, not an Act. For current law, see the Acts databases.
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2010
A Bill for
An Act to amend legislation about crimes, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Crimes Legislation Amendment Act 2010.
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)).
This Act amends the following legislation:
• Crimes Act 1900
• Crimes (Sentencing) Act 2005
• Criminal Code 2002
• Prostitution Act 1992.
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
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
insert
(3) For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.
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
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.
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).
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 2010.
2 Notification
Notified under the Legislation Act on 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010
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