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2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2023
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 2023
.
(1) This Act (other than the provisions mentioned in subsections (2) and (3)) commences on the 7th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Sections 14, 15 and 18 commence 6 months after this Act’s notification day.
(3) Parts 9 and 10 commence on the later of—
(a) the commencement of the Magistrates Court (Infringement Notices) Amendment Act 2020
, section 16; and
(b) the day after this Act’s notification day.
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
.
4 Right of review of bail
decisions—prosecution
Section 44 (5) (b)
omit
24 hours have passed since notice was given under subsection (4)
substitute
the period for making the application and giving written notice under
subsection (3) has ended
Part 3 Confiscation of Criminal Assets Act 2003
insert
258A Review of unexplained wealth provisions
(1) The Minister must—
(a) review the operation and effectiveness of the unexplained wealth provisions of this Act and any other territory law relating to the provisions, as soon as practicable after 3 August 2025; and
(b) present a report of the review to the Legislative Assembly by 3 August 2026.
(2) This section expires on 3 August 2027.
6 Destroying or damaging
property
Section 116 (3) (d)
omit
Part 5 Crimes (Sentencing) Act 2005
7 Fines—orders to
pay
Section 14 (1)
omit
that is punishable by a fine
8 Section 64 (2), definition of excluded sentence of imprisonment, paragraph (e)
omit
insert
• corrections officer
10 Dictionary, definition of corrections officer
omit
Part 6 Crimes (Sentencing) Regulation 2006
11 Criminal justice entities—Act,
s 136 (4) def criminal justice entity, par (i)
Section 3
(1) (i) and (j)
substitute
(i) the Domestic, Family and Sexual Violence Coordinator-General;
12 Exclusion of evidence of reasons for
judicial etc decisions
Section 129 (5) (a) (ii)
after
Juries Act 1967,
insert
section 42BA or
in part 1, insert
4 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The
, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 42BA (Improper inquiry by juror about matters relevant to trial).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
substitute
37A Definitions—pt 8
In this part:
majority verdict, of a jury consisting of 12 jurors, means a verdict agreed by 11 jurors.
unanimous verdict, of a jury, means a verdict agreed by all jurors.
38 Majority verdict sufficient for offences against territory laws at certain criminal trials
(1) This section applies in relation to a verdict of a jury at a criminal trial if—
(a) the verdict is for an offence against a territory law; and
(b) the jury has retired to consider the verdict; and
(c) the jury consists of 12 jurors.
(2) A majority verdict is a sufficient verdict, and must be taken to be the verdict of the jury, if the judge is satisfied—
(a) that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and
(b) after examination on oath of 1 or more jurors, that the jury is not likely to reach a unanimous verdict.
39 Discharge of jury where no verdict likely to be reached
If a jury has retired to consider its verdict at a criminal trial, the judge may discharge the jury if the judge is satisfied—
(a) that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and
(b) after examination on oath of 1 or more jurors, that the jury is not likely to reach—
(i) a unanimous verdict; or
(ii) if a majority verdict would be a sufficient verdict under section 38 (2)—a majority verdict.
15 Adjournment of trial on discharge of
jury for disagreement
Section 40
omit
section 38
substitute
section 39
insert
42BA Improper inquiry by juror about matters relevant to trial
(1) A person commits an offence if—
(a) the person is a juror for a criminal trial; and
(b) the person makes an inquiry; and
(c) the inquiry was made—
(i) after the person is sworn as a juror and before being discharged; and
(ii) for the purpose of obtaining information about any matter relating to the trial; and
(d) the inquiry was not made in the proper exercise of the person’s functions as a juror.
Maximum penalty: imprisonment for 2 years.
(2) Subsection (1) does not apply to a person making an inquiry authorised by the court.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see
, s 58).
(3) For this section, an inquiry made in contravention of a direction, or permission, given to the jury by the judge is not a proper exercise of the person’s functions as a juror.
(4) In this section:
making an inquiry includes any of the following:
(a) asking a question of another person;
(b) conducting any research;
(c) viewing or inspecting any place or object;
(d) conducting an experiment;
(e) causing another person to make an inquiry.
Examples—making an inquiry
1 conducting research using the internet to search an electronic database for information
2 bringing information into the jury room, such as news articles, research papers or books
17 Confidentiality of jury
deliberations and identities
Section 42C (11), new definition of
offence relating to jury deliberations
insert
offence relating to jury deliberations includes an offence against section 42BA (1).
18 Dictionary, new definitions
insert
majority verdict, of a jury consisting of 12 jurors, for part 8 (Disagreement of jury)—see section 37A.
unanimous verdict, of a jury, for part 8 (Disagreement of
jury)—see section 37A.
Part 9 Magistrates Court Act 1930
19 Extension of time to pay
penalty
Section 124 (1) (a)
after
stated in the
insert
infringement notice or
insert
(3) If the time to pay an infringement notice penalty is extended and a territory law limits the period to begin a prosecution for the infringement notice offence, the period to begin the prosecution is extended until 1 year after payment of the penalty is required.
21 Effect of payment of infringement
notice penalty
Section 125 (3)
after
section 127 (Withdrawal of infringement notice)
insert
and section 131ACB (Infringement notice management plan—effect of cancellation)
22 Application for infringement notice
management plan or addition to plan—decision
New section 131AB
(4A)
insert
(4A) Despite subsections (3) and (4), the administering authority may refuse the application if—
(a) the applicant had an infringement notice management plan covering the same infringement notice offence; and
(b) the plan was cancelled under section 131ACA.
23 New sections 131ACA and 131ACB
insert
131ACA Cancellation of infringement notice management plan
(1) This section applies if—
(a) a person has an infringement notice management plan; and
(b) the administering authority is satisfied on reasonable grounds that—
(i) circumstances prescribed by regulation apply to the person; or
(ii) in any other case—the person has failed to comply with the plan; and
(c) notice disputing liability for an infringement notice offence covered by the plan has not been given to the administering authority in accordance with this part.
(2) The administering authority may, by serving a notice (a cancellation notice) on the person, cancel the infringement notice management plan, but only if—
(a) the administering authority gives the person written notice of the proposed cancellation (a proposed cancellation notice); and
(b) the proposed cancellation notice—
(i) sets out the grounds for the proposed cancellation; and
(ii) states that the person may, within 28 days after the administering authority gives the proposed cancellation notice to the person, give the authority written reasons why the plan should not be cancelled; and
(c) the cancellation notice is served after the end of the period mentioned in paragraph (b) (ii).
(3) The cancellation notice must state—
(a) the identifying number (however described) for the person’s infringement notice management plan; and
(b) that the plan has been cancelled and, in general terms, the effect of section 131ACB; and
(c) for each infringement notice and reminder notice covered by the infringement notice management plan—
(i) the identifying number for the infringement notice or reminder notice; and
(ii) the outstanding amount payable by the person for the infringement notice penalty; and
(d) the matters mentioned in section 122 (1); and
(e) any other information prescribed by regulation and any additional information that the administering authority considers appropriate.
(4) A regulation may make provision in relation to—
(a) matters the administering authority must consider when deciding under subsection (1) (b) (ii) whether a person has failed to comply with the person’s infringement notice management plan; and
(b) matters the administering authority must consider when deciding whether to cancel an infringement notice management plan; and
(c) information to be given to the administering authority by the person or anyone else in relation to the person’s compliance with the plan.
131ACB Infringement notice management plan—effect of cancellation
(1) This section applies if an infringement notice management plan is cancelled under section 131ACA.
(2) For each infringement notice offence that was covered by the infringement notice management plan—
(a) section 125 ceases to apply, and is taken never to have applied, to the offence because of the plan; and
(b) this part has effect as if the infringement notice or reminder notice for the offence had been served on the person when the plan was cancelled; and
(c) a proceeding for the offence may be taken in a court against anyone (including the person) as if the person had not entered into the plan.
(3) If the person had paid any instalments under the infringement notice management plan before it was cancelled, the instalments are taken to have been paid—
(a) if the plan covered 1 infringement notice penalty only—as part of the penalty; or
(b) if the plan covered more than 1 infringement notice penalty—as part of the penalties, apportioned in the way the administering authority considers appropriate.
(4) If a territory law limits the period to begin a prosecution for an
infringement notice offence covered by the cancelled infringement notice
management plan, the period is extended until 1 year after the plan was
cancelled.
Part 10 Magistrates Court Regulation 2009
insert
3B Cancellation of infringement notice management plan allowing payment by instalment—Act, s 131ACA (1) (b) (i)
Any of the following circumstances are prescribed:
(a) the person fails to pay 3 or more consecutive instalments in accordance with the plan;
(b) the person fails to pay 6 or more instalments in accordance with the plan in any 12-month period.
3C Matters to consider when deciding whether to cancel infringement notice management plan—Act, s 131ACA (4) (b)
The following matters are prescribed:
(a) any reasons given to the administering authority by the person about why they failed to make the payments as mentioned in section 3B or otherwise failed to comply with the plan;
(b) whether it is likely the person will—
(i) if a circumstance mentioned in section 3B applies—fail to pay further instalments in accordance with the plan; or
(ii) in any case—fail to comply with the plan in the future.
Part 11 Victims of Crime Act 1994
25 Membership of
board
Section 22C (c)
substitute
(c) the Domestic, Family and Sexual Violence Coordinator-General; and
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 26 October 2023.
2 Notification
Notified under the
on 2023.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
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