Australian Capital Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

CRIMES (STREET OFFENCES) AMENDMENT BILL 2007

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Bill Stefaniak)

Crimes (Street Offences) Amendment Bill 2007





Contents

Page









2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Bill Stefaniak)

Crimes (Street Offences) Amendment Bill 2007





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 (Street Offences) Amendment Act 2007.

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 Offences against Act—application of Criminal Code etc

Section 7A, note 1, new dot points

insert

• s 392 (Disorderly or offensive behaviour)

• s 392A (Offensive language)

5 Section 392

substitute

392 Disorderly or offensive behaviour

(1) A person must not behave in a disorderly or offensive way in or near a public place or school.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) In this section:

disorderly includes violent or riotous.

near, a public place or school, includes within view of, or hearing from, the place or school.

offensive includes intimidating, indecent, threatening, abusive, obscene or insulting.

392A Offensive language

(1) A person must not use offensive language in or near a public place or school.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) In this section:

near, a public place or school, includes within view of, or hearing from, the place or school.

offensive includes intimidating, indecent, threatening, abusive, obscene or insulting.

6 Offence notices

Section 441 (1) (a)

substitute

(a) is satisfied as to the identity of a person; and

7 Section 441 (10)

substitute

(10) In this section:

prescribed offence means an offence against any of the following sections:

(a) section 119 (Defacing premises);

(b) section 154 (Additional offences on territory premises);

(c) section 379 (Misbehaviour at public meetings);

(d) section 391 (Fighting);

(e) section 392 (Disorderly or offensive behaviour);

(f) section 392A (Offensive language);

(g) section 393 (Indecent exposure);

(h) section 394 (Noise abatement directions);

(i) the Liquor Act 1975, section 139 (1) or (2) (Consumption of liquor in certain public places);

(j) the Liquor Act 1975, section 152 (Sale or supply of liquor to under-age people);

(k) the Liquor Act 1975, section 154 (Buying, possession and consumption of liquor by under-age people).

prescribed penalty means—

(a) if the penalty for the offence to which the prescribed penalty relates is more than 2 penalty units—$200; or

(b) otherwise—$100.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2007.

2 Notification

Notified under the Legislation Act on 2007.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.





 

[Index] [Search] [Download] [Related Items] [Help]