2018
2018
2018-11-29
act
government
publicspecial
act.reprint
allinforce
2018-11-13
2018-11-13
1
2018-11-29
act-1987-015
2018
none
act-2018-094
ceeb0c15-2fb2-4ac1-b95f-3144559a6dc9
1c7a1fc1-8fec-45b6-bc92-34a24fe4ad1a
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 29.11.2018.
An Act to amend certain legislation to make
further provision with respect to the supervision and detention of high risk
offenders; to make amendments to the Crimes Act
1900 concerning the supply of prohibited drugs, concealing
offences and bushfire and former offences; to amend the Crimes
(Appeal and Review) Act 2001 to permit the publication and
disclosure of information about certain mercy petitions; and to amend the
Liquor Act 2007 to make provision for
new types of licences.
1Name of
Act
This Act is the Community
Protection Legislation Amendment Act
2018.
2Commencement
(1)
This Act commences on the date of assent to this
Act except as provided by subsection (2).
(2)
Schedule 1.7 commences:
(a)
if the date of assent to the Surveillance Devices Amendment (Statutory Review) Act
2018 is on or before the date of assent to this
Act—on the date of assent to this Act, or
(b)
if the date of assent to the Surveillance Devices Amendment (Statutory Review) Act
2018 is after the date of assent to this Act—on the
date of assent to that Act.
3Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules does not form part of
this Act.
Schedule 1Amendment of legislation
concerning high risk offenders
1.1Children (Detention Centres) Act 1987 No
57
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
Commonwealth Criminal Code means the
Criminal Code set out in the Schedule to the Criminal Code Act
1995 of the Commonwealth.
[2]Section
4A
Insert after section 4:
4ACommonwealth
detainees
(1)
This section applies in relation to a person (a
Commonwealth detainee) who
is:
(a)
the subject of a continuing detention order or
interim detention order in force under Division 105A of Part 5.3 of the
Commonwealth Criminal Code, and
(b)
to be detained in a detention centre under this
Act under an arrangement with the State under section 105A.21 of the
Commonwealth Criminal Code.
(2)
Subject to the regulations, a Commonwealth
detainee may be treated as a person subject to control for the purposes of the
detention of the detainee under this Act.
(3)
The regulations may make provision for or with
respect to the detention of Commonwealth detainees under this Act and may, for
that purpose, provide for the modification of provisions of this Act in their
application to Commonwealth detainees.
(4)
In this section:
modification includes addition,
exception, omission or substitution.
[3]Section 59 Juvenile offenders
to whom Division applies
Omit section 59 (1) (d) and (e). Insert
instead:
(d)
who is making or has previously made any
statement (or is carrying out or has previously carried out any activity)
advocating support for any terrorist act or violent extremism,
or
(e)
who has or previously had any personal or
business association or other affiliation with any person, group of persons or
organisation that is or was advocating support for any terrorist act or
violent extremism.
[4]Section 59
(1A)
Insert after section 59 (1):
(1A)
Without limiting subsection (1) (d) and
(e):
(a)
advocating support for a terrorist act or violent
extremism includes (but is not limited to) any of the following:
(i)
making a pledge of loyalty to a person, group of
persons or organisation, or an ideology, that supports terrorist acts or
violent extremism,
(ii)
using or displaying images or symbols associated
with a person, group of persons or organisation, or an ideology, that supports
terrorist acts or violent extremism,
(iii)
making a threat of violence of a kind that is
promoted by a person, group of persons or organisation, or an ideology, that
supports terrorist acts or violent extremism, and
(b)
an association or other affiliation with a
person, group of persons or organisation includes (but is not limited to) any
of the following:
(i)
networking or communicating with the person,
group of persons or organisation,
(ii)
using social media sites or any other websites to
communicate with the person, group of persons or
organisation.
[5]Section 86 Submissions by
State
Omit section 86 (1). Insert instead:
(1)
The State may at any time make submissions to the
Children’s Court concerning the release on parole of:
(a)
a serious offender, or
(b)
a juvenile offender to whom Division 5 applies
(whether or not a serious offender).
Note—
Section 71A of the Terrorism (High Risk Offenders) Act
2017 authorises the use by the State of certain
information obtained under that Act in proceedings for parole under this Act,
but only with the consent of the provider of the
information.
[6]Section
86A
Insert after section 86:
86AWithdrawal of offender
information provided under Terrorism (High
Risk Offenders) Act 2017
(1)
This section applies to proceedings for parole
before the Children’s Court in which information is used under the
authority given by section 71A of the Terrorism (High
Risk Offenders) Act 2017.
Note—
Section 71A of the Terrorism (High Risk Offenders) Act
2017 authorises the use by the State of certain
information obtained under that Act in proceedings for parole under this Act,
but only with the consent of the provider of the
information.
(2)
The Children’s Court must allow the State
or a prescribed terrorism intelligence authority to withdraw the information
from the consideration of the Children’s Court at any time before the
proceedings are determined.
(3)
Any offender information that is withdrawn from
the consideration of the Children’s Court must not be:
(a)
used in making submissions for the State in the
proceedings, or
(b)
taken into consideration by the Children’s
Court in determining the proceedings.
(4)
In this section:
offender
information has the same meaning as in Part 5 of the Terrorism (High Risk Offenders) Act
2017.
prescribed terrorism intelligence
authority has the same meaning as in the Terrorism (High Risk Offenders) Act
2017.
Explanatory
note
Item [2] of the proposed amendments enables
certain persons subject to continuing detention orders and interim detention
orders under Division 105A of Part 5.3 of the Criminal Code set out in the
Schedule to the Criminal Code Act 1995 of the
Commonwealth to be detained in detention centres. Item [1] makes a
consequential amendment.
Items [3] and [4] make amendments that are
consistent with the proposed amendments made by this Schedule to the Terrorism (High Risk Offenders) Act
2017 concerning the identification of persons advocating
terrorist acts or violent extremism or having associations or other
affiliations with others who do so.
Item [5] enables the State to make submissions to
the Children’s Court in parole proceedings concerning a juvenile
offender who is a terrorism related offender.
Item [6] enables the withdrawal of certain
information provided under the Terrorism (High
Risk Offenders) Act 2017 used in proceedings for parole.
Section 71A of the Terrorism (High Risk Offenders) Act
2017 (as proposed to be inserted by this Schedule)
authorises the use of the information in parole
proceedings.
1.2Children (Detention Centres) Regulation
2015
[1]Clause 7A Designation of
national security interest detainees
Omit clause 7A (1) (a) (iv) and (v). Insert
instead:
(iv)
is making or has previously made any statement
(or is carrying out or has previously carried out any activity) advocating
support for any terrorist act or violent extremism, or
(v)
has or previously had any personal or business
association or other affiliation with any person, group of persons or
organisation that is or was advocating support for any terrorist act or
violent extremism, and
[2]Clause 7A
(1A)
Insert after clause 7A (1):
(1A)
Without limiting subclause (1) (a) (iv) and
(v):
(a)
advocating support for a terrorist act or violent
extremism includes (but is not limited to) any of the following:
(i)
making a pledge of loyalty to a person, group of
persons or organisation, or an ideology, that supports terrorist acts or
violent extremism,
(ii)
using or displaying images or symbols associated
with a person, group of persons or organisation, or an ideology, that supports
terrorist acts or violent extremism,
(iii)
making a threat of violence of a kind that is
promoted by a person, group of persons or organisation, or an ideology, that
supports terrorist acts or violent extremism, and
(b)
an association or other affiliation with a
person, group of persons or organisation includes (but is not limited to) any
of the following:
(i)
networking or communicating with the person,
group of persons or organisation,
(ii)
using social media sites or any other websites to
communicate with the person, group of persons or
organisation.
Explanatory
note
The proposed amendments make amendments that are
consistent with amendments made by this Schedule to the Terrorism (High Risk Offenders) Act
2017 concerning the identification of persons advocating
terrorist acts or violent extremism or having associations or other
affiliations with others who do so.
1.3Crimes
(Administration of Sentences) Act 1999 No
93
[1]Section 153 Submissions by
State
Omit section 153 (1). Insert instead:
(1)
The State may at any time make submissions to the
Parole Authority concerning the release on parole of:
(a)
a serious offender, or
(b)
an offender (whether or not a serious offender)
to whom Division 3A applies.
Note—
Section 71A of the Terrorism (High Risk Offenders) Act
2017 authorises the use by the State of certain
information obtained under that Act in proceedings for parole under this Act,
but only with the consent of the provider of the
information.
[2]Section
153A
Insert after section 153:
153AWithdrawal of offender
information provided under Terrorism (High
Risk Offenders) Act 2017
(1)
This section applies to proceedings for parole
before the Parole Authority in which information is used under the authority
given by section 71A of the Terrorism (High
Risk Offenders) Act 2017.
Note—
Section 71A of the Terrorism (High Risk Offenders) Act
2017 authorises the use by the State of certain
information obtained under that Act in proceedings for parole under this Act,
but only with the consent of the provider of the
information.
(2)
The Parole Authority must allow the State or a
prescribed terrorism intelligence authority to withdraw the information from
the consideration of the Parole Authority at any time before the proceedings
are determined.
(3)
Any offender information that is withdrawn from
the consideration of the Parole Authority must not be:
(a)
used in making submissions for the State in the
proceedings, or
(b)
taken into consideration by the Parole Authority
in determining the proceedings.
(4)
In this section:
offender
information has the same meaning as in Part 5 of the Terrorism (High Risk Offenders) Act
2017.
prescribed terrorism intelligence
authority has the same meaning as in the Terrorism (High Risk Offenders) Act
2017.
[3]Section 159B Offenders to whom
Division applies
Omit section 159B (d) and (e). Insert
instead:
(d)
who is making or has previously made any
statement (or is carrying out or has previously carried out any activity)
advocating support for any terrorist act or violent extremism,
or
(e)
who has or previously had any personal or
business association or other affiliation with any person, group of persons or
organisation that is or was advocating support for any terrorist act or
violent extremism.
[4]Section 159B
(2)
Insert at the end of section 159B:
(2)
Without limiting subsection (1) (d) and
(e):
(a)
advocating support for a terrorist act or violent
extremism includes (but is not limited to) any of the following:
(i)
making a pledge of loyalty to a person, group of
persons or organisation, or an ideology, that supports terrorist acts or
violent extremism,
(ii)
using or displaying images or symbols associated
with a person, group of persons or organisation, or an ideology, that supports
terrorist acts or violent extremism,
(iii)
making a threat of violence of a kind that is
promoted by a person, group of persons or organisation, or an ideology, that
supports terrorist acts or violent extremism, and
(b)
an association or other affiliation with a
person, group of persons or organisation includes (but is not limited to) any
of the following:
(i)
networking or communicating with the person,
group of persons or organisation,
(ii)
using social media sites or any other websites to
communicate with the person, group of persons or
organisation.
Explanatory
note
Item [1] of the proposed amendments enables the
State to make submissions to the State Parole Authority concerning an offender
who is a terrorism related offender.
Item [2] enables the withdrawal of certain
information provided under the Terrorism (High
Risk Offenders) Act 2017 used in proceedings for parole.
Section 71A of the Terrorism (High Risk Offenders) Act
2017 (as proposed to be inserted by this Schedule)
authorises the use of the information in parole proceedings.
Items [3] and [4] make amendments that are
consistent with amendments made by this Schedule to the Terrorism (High Risk Offenders) Act
2017 concerning the identification of persons advocating
terrorist acts or violent extremism or having associations or other
affiliations with others who do so.
1.4Crimes
(High Risk Offenders) Act 2006 No 7
[1]Section
5AA
Insert after section 5A:
5AARelationship of Act with
Terrorism (High Risk Offenders) Act
2017
(1)
This Act does not limit the circumstances in
which an order can be made in respect of an eligible offender under the
Terrorism (High Risk Offenders) Act
2017.
(2)
In applying for a supervision or detention order
under this Act or determining an application for the order:
(a)
supervision under an extended supervision order
made under the Terrorism (High Risk Offenders) Act
2017 may be treated for the purposes of this Act as
equivalent to supervision under an extended supervision order made under this
Act, and
(b)
detention or custody under a continuing detention
order made under the Terrorism (High Risk Offenders) Act
2017 may be treated for the purposes of this Act as
equivalent to detention or custody under a continuing detention order made
under this Act.
Note—
For example, a person may be treated for the
purposes of this Act as being in custody or under supervision in the community
if the person is being supervised or detained under an extended supervision
order or continuing detention order made under the Terrorism (High Risk Offenders) Act
2017.
(3)
Accordingly, the Supreme Court may make a
supervision or detention order under this Act by reference to supervision,
detention or custody under an extended supervision order or continuing
detention order made under the Terrorism (High
Risk Offenders) Act 2017 if it could have made the order
under this Act had the supervision, detention or custody been instead under an
extended supervision order or continuing detention order made under this
Act.
(4)
Subsections (2) and (3) extend to an extended
supervision order or continuing detention order made under the Terrorism (High Risk Offenders) Act
2017 before the commencement of this
section.
(5)
In this section:
supervision or detention order under this
Act means any of the following orders under this Act:
(a)
an extended supervision
order,
(b)
an interim supervision order,
(c)
a continuing detention order,
(d)
an interim detention order,
(e)
an emergency detention
order.
[2]Section 6 Requirements with
respect to application
Insert “(in addition to the condition
referred to in section 11 (2))” after “conditions” in
section 6 (4).
[3]Section 9 Determination of
application for extended supervision order
Insert after section 9 (3):
(4)
In determining whether or not to make an extended
supervision order in respect of an offender, the Supreme Court is not to
consider any intention of the offender to leave New South Wales (whether
permanently or temporarily).
[4]Section 11 Conditions that may
be imposed on supervision order
Insert at the end of the section:
(2)
An extended supervision order or interim
supervision order must include a condition requiring the offender not to leave
New South Wales except with the approval of the Commissioner of Corrective
Services.
[5]Section 17 Determination of
application for continuing detention order
Insert after section 17 (4):
(4A)
To avoid doubt, section 11 (2) applies to an
extended supervision order made under this section.
[6]Section 22 Right of
appeal
Omit section 22 (4B). Insert instead:
(4B)
Without limiting any other jurisdiction it may
have, if the Court of Appeal remits a matter to the Supreme Court for decision
after an appeal is made, the Court of Appeal may make an interim order (for a
period not exceeding 28 days) revoking or varying an extended supervision
order, continuing detention order or emergency detention order the subject of
the appeal.
(4C)
The Court of Appeal may make more than one
interim order under subsection (4B) provided that the combined periods during
which the interim orders (whether made under this Act by the Court of Appeal
or the Supreme Court at first instance) are in force do not exceed 3 months in
total.
[7]Section 24AA Meaning of
“relevant agency”
Insert “, or agency of the Commonwealth or
another State or Territory,” after “public sector agency” in
section 24AA (g).
[8]Section 24AD Sub-committees of
Assessment Committee
Insert after section 24AD (1):
(1A)
A sub-committee may be formed by the Assessment
Committee as constituted to exercise functions conferred by or under the
Terrorism (High Risk Offenders) Act
2017 to exercise those functions for the
Committee.
(1B)
A sub-committee may include persons who are not
members of the Assessment Committee.
[9]Section
28A
Omit the section. Insert instead:
28AEvidentiary
certificates
A certificate issued by the Commissioner of
Corrective Services NSW that states that an order under Part 2 or 3 imposed on
a specified offender was suspended under section 10, 10C, 18C or 18D and the
date of the expiry of the order in accordance with the section concerned is
admissible in any legal proceedings despite any Act or law to the contrary and
is evidence of the facts so stated.
Explanatory
note
Item [1] of the proposed amendments to the
Crimes (High Risk Offenders) Act 2006
(the CHRO
Act) enables the Supreme Court to make supervision or
detention orders under that Act in respect of offenders who are being
supervised or detained under an extended supervision order or continuing
detention order made under the Terrorism (High
Risk Offenders) Act 2017.
Items [3] and [5] provide that the Supreme Court,
in determining whether or not to make an extended supervision order in respect
of an offender, is not to consider any intention of the offender to leave New
South Wales (whether permanently or temporarily).
Item [4] provides that an extended supervision
order or interim supervision order must include a condition requiring the
offender concerned not to leave New South Wales except with the approval of
the Commissioner of Corrective Services NSW. Item [2] makes a consequential
amendment.
Item [6] enables the Court of Appeal to make more
than one interim order if it remits a matter to the Supreme Court on an appeal
provided that the combined periods during which the interim orders (whether
made under the CHRO Act by the Court of Appeal or the Supreme Court at first
instance) are in force do not exceed 3 months in total. The maximum period of
each interim order made by the Court of Appeal is 28 days.
Item [7] enables agencies of the Commonwealth and
other States and Territories to be prescribed to be relevant agencies by the
regulations for the purposes of Part 4A (High Risk Offenders Assessment
Committee and inter-agency co-operation) of the CHRO Act.
Item [8] enables sub-committees of the High Risk
Offenders Assessment Committee to be formed whose functions are limited to
those imposed on the Committee by or under the Terrorism (High
Risk Offenders) Act 2017. It also enables sub-committees
to include persons who are not members of the Committee.
Item [9] expands the provisions in respect of
which the Commissioner of Corrective Services NSW may issue evidentiary
certificates concerning suspensions of orders.
1.5Criminal Procedure Act 1986 No
209
Schedule 1 Indictable offences
triable summarily
Omit “60 (15) or (16)” from clause
10H of Table 2. Insert instead “59F (2) or
(3)”.
Explanatory
note
The proposed amendment is consequential on the
repeal and re-enactment by this Schedule of the provisions of section 60 of
the Terrorism (High Risk Offenders) Act
2017.
1.6Surveillance Devices Act 2007 No
64
[1]Section 4
Definitions
Insert in alphabetical order in section 4
(1):
correctional centre and inmate of a correctional centre have
the same meanings as in the Crimes
(Administration of Sentences) Act 1999.
supervision or detention order under
the Terrorism (High Risk Offenders) Act
2017 means any of the following orders under that
Act:
(a)
an extended supervision
order,
(b)
an interim supervision order,
(c)
a continuing detention order,
(d)
an interim detention order,
(e)
an emergency detention
order.
terrorism
related offender means a person who is any of the following
within the meaning of the Terrorism (High Risk Offenders) Act
2017:
(a)
a convicted NSW terrorist
offender,
(b)
a convicted NSW underlying terrorism
offender,
(c)
a convicted NSW terrorism activity
offender.
[2]Section 4 (1), definition of
“relevant proceeding”
Insert after paragraph (p):
(q)
a proceeding for the parole of a person to whom
Division 5 of Part 4C of the Children
(Detention Centres) Act 1987 or Division 3A of Part 6 of
the Crimes (Administration of Sentences) Act
1999 applies,
(r)
a proceeding under the Terrorism (High Risk Offenders) Act
2017.
[3]Section 17 Application for a
surveillance device warrant
Insert after section 17 (1):
(1A)
A law enforcement officer (or another person on
his or her behalf) may also apply for the issue of a surveillance device
warrant for the use of a surveillance device in a correctional centre if the
law enforcement officer on reasonable grounds suspects or believes
that:
(a)
an eligible offender within the meaning of the
Terrorism (High Risk Offenders) Act
2017 is an inmate of the correctional centre,
and
(b)
an investigation is being, will be or is likely
to be conducted into whether an application for a supervision or detention
order should be made under the Terrorism (High
Risk Offenders) Act 2017 in respect of the offender on the
basis that the offender is a terrorism related offender,
and
(c)
the use of a surveillance device is necessary for
the purpose of an investigation into whether an application for a supervision
or detention order under the Terrorism (High
Risk Offenders) Act 2017 should be made to enable evidence
to be obtained that would be likely to support the
application.
[4]Section 17 (4)
(a)
Insert “or (1A) (c)” after
“subsection (1) (c)”.
[5]Section 19 Determining the
application
Insert “for an application under section 17
(1)—” before “the nature” in section 19 (2)
(a).
[6]Section 19 (2)
(f)
Insert “for an application under section 17
(1)—” before “any previous”.
[7]Section 19 (2)
(g)
Insert at the end of section 19 (2) (f):
, and
(g)
for an application under section 17
(1A)—any previous warrant sought or issued under this Part or a
corresponding law in connection with the same
inmate.
[8]Section 20 Contents of
surveillance device warrants
Insert “for a warrant based on an
application under section 17 (1)—” before “the
alleged” in section 20 (1) (b) (ii).
[9]Section 20 (1) (b)
(iia)
Insert after section 20 (1) (b) (ii):
(iia)
for a warrant based on an application under
section 17 (1A)—the ground referred to in section 8 (a) or (b), 9 (1) or
10 (1) (a), (b), (c) (i) or (ii) of the Terrorism (High
Risk Offenders) Act 2017 on which it is alleged that the
inmate is a terrorism related offender, and
[10]Section 24 Discontinuance of
use of surveillance device under warrant
Omit “the purpose of enabling evidence to
be obtained of the commission of the relevant offence or the identity or
location of the offender” wherever occurring in section 24 (2) and
(4).
Insert instead “the warrant
purpose”.
[11]Section 24
(5)
Insert after section 24 (4):
(5)
In this section:
warrant
purpose means:
(a)
in relation to a warrant that is issued based on
an application under section 17 (1)—the purpose of enabling evidence to
be obtained of the commission of the relevant offence or the identity or
location of the offender, or
(b)
in relation to a warrant that is issued based on
an application under section 17 (1A)—the purpose of enabling evidence to
be obtained that would be likely to support an application for a supervision
or detention order under the Terrorism (High
Risk Offenders) Act 2017 in respect of the
inmate.
Explanatory
note
Item [3] of the proposed amendments enables a
surveillance device warrant for the use of a surveillance device in a
correctional centre to be issued in respect of an inmate who is an eligible
offender within the meaning of the Terrorism (High
Risk Offenders) Act 2017 for use in an investigation into
whether to make an application for a supervision or detention order against
the inmate. Items [1], [2] and [4]–[11] make consequential
amendments.
1.7Surveillance Devices Amendment (Statutory Review) Act
2018
Schedule 1 [8], proposed
section 20 (1) (b)
Insert “(or for a warrant based on an
application under section 17 (1A)—the ground on which it is alleged that
the inmate is a terrorism related offender)” after
“issued”.
Explanatory
note
The proposed amendment is consequential on the
amendment proposed to be made by Schedule 1.6 [3].
1.8Terrorism (High Risk Offenders) Act 2017 No
68
[1]Section 10 Convicted NSW
terrorism activity offender
Omit section 10 (1) (c). Insert instead:
(c)
the offender:
(i)
is making or has previously made any statement
(or is carrying out or has previously carried out any activity) advocating
support for any terrorist act or violent extremism, or
(ii)
has or previously had any personal or business
association or other affiliation with any person, group of persons or
organisation that is or was advocating support for any terrorist act or
violent extremism.
[2]Section 10
(1A)
Insert after section 10 (1):
(1A)
Without limiting subsection (1) (c):
(a)
advocating support for a terrorist act or violent
extremism includes (but is not limited to) any of the following:
(i)
making a pledge of loyalty to a person, group of
persons or organisation, or an ideology, that supports terrorist acts or
violent extremism,
(ii)
using or displaying images or symbols associated
with a person, group of persons or organisation, or an ideology, that supports
terrorist acts or violent extremism,
(iii)
making a threat of violence of a kind that is
promoted by a person, group of persons or organisation, or an ideology, that
supports terrorist acts or violent extremism, and
(b)
an association or other affiliation with a
person, group of persons or organisation includes (but is not limited to) any
of the following:
(i)
networking or communicating with the person,
group of persons or organisation,
(ii)
using social media sites or any other websites to
communicate with the person, group of persons or
organisation.
[3]Section 16 Relationship of Act
with Crimes (High Risk Offenders) Act
2006
Insert at the end of the section:
(2)
In applying for an order under Part 2 or 3 or
determining an application for the order:
(a)
supervision under an extended supervision order
made under the Crimes (High Risk Offenders) Act
2006 may be treated for the purposes of this Act as
equivalent to supervision under an extended supervision order made under this
Act, and
(b)
detention or custody under a continuing detention
order made under the Crimes (High Risk Offenders) Act
2006 may be treated for the purposes of this Act as
equivalent to detention or custody under a continuing detention order made
under this Act.
Note—
For example, a person may be treated for the
purposes of sections 7, 8, 9 and 10 as continuing to be supervised or detained
under this Act after serving an offence if the person is being supervised or
detained under an extended supervision order or continuing detention order
made under the Crimes (High Risk Offenders) Act
2006.
(3)
Accordingly, the Supreme Court may make an order
under Part 2 or 3 by reference to supervision, detention or custody under an
extended supervision order or continuing detention order made under the
Crimes (High Risk Offenders) Act 2006 if
it could have made the order under this Act had the supervision, detention or
custody been instead under an extended supervision order or continuing
detention order made under this Act.
(4)
Subsections (2) and (3) extend to an extended
supervision order or continuing detention order made under the Crimes (High Risk Offenders) Act 2006
before the commencement of those subsections.
[4]Section 23 Requirements with
respect to application
Insert “(in addition to or instead of the
conditions referred to in section 29 (1A))” after
“conditions” in section 23 (4).
[5]Section 24 Pre-trial
procedures
Omit section 24 (3). Insert instead:
(2A)
It is sufficient compliance with subsection (2)
(a) if the eligible offender is:
(a)
provided with an index of the documents, reports
and other information, and
(b)
given access to a document, report or other
information included in the index (or a part of a document, report or other
information) as is relevant to the proceedings if the offender (or the
offender’s legal representative) requests
access.
(2B)
The regulations may make provision for or with
respect to the provision and content of an index of documents, reports and
other information for the purposes of subsection (2A).
(3)
However, the State is not required to disclose
any document, report or other information, or disclose its existence in an
index, to an eligible offender except in accordance with Division 5.3 (or an
order under that Division) if:
(a)
the Attorney General or a prescribed terrorism
intelligence authority intends to make an application under that Division for
the document, report or other information to be dealt with as terrorism
intelligence, or
(b)
the document, report or other information is the
subject of a pending application under that Division for it to be dealt with
as terrorism intelligence, or
(c)
the Supreme Court has granted an application
under that Division for the document, report or other information to be dealt
with as terrorism intelligence.
[6]Section 25 Determination of
application for extended supervision order
Insert after section 25 (3):
(4)
In determining whether or not to make an extended
supervision order in respect of an eligible offender, the Supreme Court is not
to consider any intention of the offender to leave New South Wales (whether
permanently or temporarily).
[7]Section 29 Conditions that may
be imposed on extended or interim supervision order
Insert after section 29 (1):
(1A)
Unless the Supreme Court orders differently (and
without limiting the conditions that the Court may impose under subsection
(1)), an extended supervision order or interim supervision order must include
conditions requiring the eligible offender:
(a)
to submit to the supervision and guidance of any
enforcement officer responsible for the supervision of the offender for the
time being and obey all reasonable directions of an enforcement officer
(including in respect of providing a schedule of movements),
and
(b)
to wear electronic monitoring equipment as
directed and not tamper with, or remove, the equipment,
and
(c)
to live at an address approved by an enforcement
officer and notify an enforcement officer of any intention to change the
offender’s address or living arrangements, and
(d)
not to leave New South Wales except with the
approval of the Commissioner of Corrective Services, and
(e)
to submit to the search of the offender’s
person and residence and the search and seizure of the offender’s
vehicle, computer, electronic and communication device or any storage
facility, garage, locker or commercial facility under the offender’s
control, and
(f)
to comply with rules or by-laws (or both) of any
approved accommodation for the offender, and
(g)
not to use prohibited drugs, or obtain drugs
unlawfully or abuse drugs lawfully obtained, and
(h)
to submit to drug and alcohol testing,
and
(i)
not to possess or use any of the
following:
(i)
a firearm, firearm part or ammunition within the
meaning of the Firearms Act
1996,
(ii)
a prohibited weapon within the meaning of the
Weapons Prohibition Act
1998,
(iii)
a spear gun,
(iv)
an explosive substance intended, by the eligible
offender, to be used in an explosive device,
(v)
a fuse capable of use with an explosive or a
detonator, or a detonator, that is intended, by the eligible offender, to be
used as a fuse or detonator for an explosive device (as the case may be),
and
(j)
to be available for interview at such times and
places as an enforcement officer (or the officer’s nominee) may from
time to time direct, and
(k)
to undergo ongoing psychological or psychiatric
assessment or counselling (or any combination of these) as directed by an
enforcement officer, and
(l)
not to start on the offender’s own
initiative any job, volunteer work or educational course without the approval
of an enforcement officer, and
(m)
to obey any reasonable direction by an
enforcement officer about communication, internet access and use of electronic
devices (including, but not limited to, approval of devices used, method of
communication, access to internet and restrictions on deleting information),
and
(n)
to permit an enforcement officer to visit the
offender at the offender’s residential address at any time and, for that
purpose, to enter the premises at that address, and
(o)
to notify an enforcement officer of any intention
to change the offender’s employment if practicable before the change
occurs or otherwise at his or her next interview with an enforcement officer,
and
(p)
not to associate (including using third parties)
with any person or persons specified by an enforcement officer, whether face
to face or by written correspondence or electronic means,
and
(q)
not to change the offender’s name or use
any other name without notifying an enforcement officer,
and
(r)
not to frequent or visit any place or district
specified by an enforcement officer.
[8]Section 38 Pre-trial
procedures
Omit section 38 (3). Insert instead:
(2A)
It is sufficient compliance with subsection (2)
(a) if the eligible offender is:
(a)
provided with an index of the documents, reports
and other information, and
(b)
given access to a document, report or other
information included in the index (or a part of a document, report or other
information) as is relevant to the proceedings if the offender (or the
offender’s legal representative) requests
access.
(2B)
The regulations may make provision for or with
respect to the provision and content of an index of documents, reports and
other information for the purposes of subsection (2A).
(3)
However, the State is not required to disclose
any document, report or other information, or disclose its existence in an
index, to an eligible offender except in accordance with Division 5.3 (or an
order under that Division) if:
(a)
the Attorney General or a prescribed terrorism
intelligence authority intends to make an application under that Division for
the document, report or other information to be dealt with as terrorism
intelligence, or
(b)
the document, report or other information is the
subject of a pending application under that Division for it to be dealt with
as terrorism intelligence, or
(c)
the Supreme Court has granted an application
under that Division for the document, report or other information to be dealt
with as terrorism intelligence.
[9]Section 39 Determination of
application for continuing detention order
Insert after section 39 (3):
(3A)
To avoid doubt, section 25 (4) applies to an
extended supervision order made under this section.
[10]Section 45 Requirements with
respect to application
Omit section 45 (3). Insert instead:
(3)
However, the State is not required to disclose to
the eligible offender or the Legal Aid Commission of New South Wales any
document, report or other information except in accordance with Division 5.3
(or an order under that Division) if:
(a)
the Attorney General or a prescribed terrorism
intelligence authority intends to make an application under that Division for
the document, report or other information to be dealt with as terrorism
intelligence, or
(b)
the document, report or other information is the
subject of a pending application under that Division for it to be dealt with
as terrorism intelligence, or
(c)
the Supreme Court has granted an application
under that Division for the document, report or other information to be dealt
with as terrorism intelligence.
[11]Section 53 Right of
appeal
Omit “declaration or order under
appeal” from section 53 (5).
Insert instead “declaration under section
12 or order under Part 2 or 3 being appealed”.
[12]Section 53 (6) and
(6A)
Omit section 53 (6). Insert instead:
(6)
Without limiting any other jurisdiction it may
have, if the Court of Appeal remits a matter to the Supreme Court for decision
after an appeal is made, the Court of Appeal may make an interim order (for a
period not exceeding 28 days) revoking or varying the declaration under
section 12 or order under Part 2 or 3 being appealed.
(6A)
The Court of Appeal may make more than one
interim order under subsection (6) provided that the combined periods during
which the interim orders (whether made under this Act by the Court of Appeal
or the Supreme Court at first instance) are in force do not exceed 3 months in
total.
[13]Part 5 Information about
eligible offenders
Insert before section 57:
Division 5.1Interpretation
[14]Section 57
Definitions
Insert in alphabetical order:
independent third party means a
person appointed as an independent third party under section
59B.
relevant
indictable offence means an offence against a law of this
State or any other Australian jurisdiction that may be prosecuted on
indictment.
substantive proceedings—see
section 59A (1).
terrorism
intelligence application—see section 59A
(1).
[15]Part 5, Division 5.2,
heading
Insert before section 58:
Division 5.2Requirements and requests for
offender information
[16]Part 5, Divisions 5.3 and
5.4
Omit section 60. Insert instead:
Division 5.3Use of information involving
terrorism intelligence
59AMaking terrorism intelligence
applications
(1)
The Attorney General or a prescribed terrorism
intelligence authority may:
(a)
make an application (a terrorism
intelligence application) to the Supreme Court in any
proceedings before the Court under this Act (the substantive proceedings) for
particular information to be dealt with as terrorism intelligence in those
proceedings, and
(b)
request that the Supreme Court take steps under
section 59C to maintain the confidentiality of the information while the Court
is considering whether to grant the application.
(2)
The Supreme Court must grant a terrorism
intelligence application if the Court is satisfied that:
(a)
the information to which the application relates
was provided to the Attorney General under Division 5.2,
and
(b)
the information is terrorism
intelligence.
59BAppointment and role of
independent third parties
(1)
The Supreme Court must appoint a qualified person
to be an independent third party representative for an eligible offender for
the purposes of a terrorism intelligence application or the substantive
proceedings (or both) if:
(a)
the eligible offender does not have any legal
representatives in the substantive proceedings, or
(b)
the applicant in the terrorism intelligence
application requests that the Court take the steps referred to in section 59C
(2) (b), (c) or (d) to maintain the confidentiality of
information.
(2)
A person is a qualified
person for the purposes of subsection (1) if the person is a
person of a kind prescribed by the regulations as being qualified to provide
independent and impartial representation for eligible offenders for the
purposes of this Division.
(3)
An independent third party representative for an
eligible offender:
(a)
is to be allowed access to information or
terrorism intelligence in respect of which the representative has been
appointed by either being provided with a copy of the information or
intelligence or being allowed to view it, and
(b)
may make such submissions to the Court on behalf
of the eligible offender as the representative considers to be in the best
interests of the offender concerning:
(i)
whether or not information is terrorism
intelligence, or
(ii)
the level of access to terrorism intelligence
that should be given to the offender under this
Division.
(4)
The applicant in the terrorism intelligence
application concerning the information or terrorism intelligence in respect of
which an independent third party representative has been appointed is
responsible for the payment of the costs of the services provided by the
representative.
59CSteps to maintain
confidentiality
(1)
The Supreme Court must take steps:
(a)
to maintain the confidentiality of information to
which a terrorism intelligence application relates (including steps to receive
evidence and hear argument about the information) until the application is
determined, and
(b)
if the terrorism intelligence application is
granted—to maintain the confidentiality of the terrorism intelligence in
the substantive proceedings (including steps to receive evidence and hear
argument about the intelligence in private).
(2)
The Supreme Court may allow any of the following
forms of access to information or terrorism intelligence referred to in
subsection (1) (having regard to what the Court considers appropriate because
of the nature of the information or intelligence and the degree of risk of
disclosure to non-parties by parties and their legal representatives and any
other matter the Court considers relevant):
(a)
viewing, or providing a copy of, a document
containing the information or intelligence,
(b)
viewing, or providing a copy of, a document
containing the information or intelligence that has been redacted to the
extent necessary to prevent the disclosure of the information or
intelligence,
(c)
viewing, or providing a copy of, a document
containing the information or intelligence that has been redacted to the
extent necessary to prevent the disclosure of the information or intelligence
together with a written summary of the nature of the redacted information or
intelligence,
(d)
viewing, or providing a copy of, a document
containing the information or intelligence that has been redacted to the
extent necessary to prevent the disclosure of the information or intelligence
together with a written statement of the facts that the information or
intelligence would (or would be likely to)
establish.
(3)
In allowing access to a document referred to in
subsection (2), the Supreme Court may:
(a)
allow a party and the party’s legal
representatives, if any, to be provided with a copy of the document,
or
(b)
allow a party’s legal representatives, if
any, to be provided with a copy of the document and the party to view (but not
have a copy of) the document, or
(c)
allow a party’s legal representatives to be
provided with a copy of the document, but deny the party any form of access to
the document, or
(d)
allow a party and the party’s legal
representatives, if any, to view (but not have a copy of) the document,
or
(e)
allow a party’s legal representatives, if
any, to view (but not have a copy of) the document, but deny the party any
form of access to the document.
(4)
Subsections (2) and (3):
(a)
are subject to any agreement under section 59E
and the regulations, and
(b)
do not limit access that an independent third
party for an eligible offender is required to be provided with under section
59B.
59DWithdrawal of information to
which a terrorism intelligence application relates
(1)
The Supreme Court must give an affected person or
body an opportunity to withdraw the information to which a terrorism
intelligence application relates from consideration by the Court if:
(a)
the Court is not satisfied that the information
is terrorism intelligence, or
(b)
the Court decides not to grant the level of
access requested under section 59A (1) (b) in relation to the
information.
(2)
Each of the following is an affected
person or body:
(a)
the applicant in the terrorism intelligence
application,
(b)
any prescribed terrorism intelligence authority
that provided the information.
(3)
However, the Supreme Court is not required to
allow the information to be withdrawn from consideration by the Court if the
Court considers that its withdrawal would be manifestly unfair to a party to
the substantive proceedings who is an eligible offender.
(4)
Any information that is withdrawn from
consideration by the Supreme Court must not be:
(a)
disclosed to a party to the substantive
proceedings who is an eligible offender or the offender’s legal
representatives, or
(b)
taken into consideration by the Supreme Court in
determining the substantive proceedings.
59EAgreements concerning dealing
with terrorism intelligence
An agreement may be entered at any time in the
substantive proceedings by the following persons as to arrangements about the
disclosure, protection, storage, handling or destruction of the terrorism
intelligence in the proceedings:
(a)
the Attorney General on behalf of the
State,
(b)
if the terrorism intelligence is provided by a
prescribed terrorism intelligence authority—the
authority,
(c)
one or more other parties to the proceedings (or
their legal representatives on their behalf).
59FOrders by Supreme
Court
(1)
The Supreme Court may make any orders the Court
considers appropriate:
(a)
to prohibit or restrict access to, or the
disclosure or publication of, terrorism intelligence for the purposes of this
Division, or
(b)
to give effect to an agreement under section
59E.
(2)
A person is guilty of an offence if the person
contravenes an order under this section.
Maximum penalty:
(a)
in the case of a corporation—100 penalty
units, or
(b)
in the case of an individual—100 penalty
units or imprisonment for 2 years (or both).
(3)
A person is guilty of an offence against this
subsection if the person commits an offence against subsection (2) in
circumstances in which the person:
(a)
intends to endanger the health or safety of any
person or prejudice the effective conduct of an investigation into a relevant
indictable offence, or
(b)
knows that, or is reckless as to whether, the
disclosure of the information:
(i)
endangers or will endanger the health or safety
of any person, or
(ii)
prejudices or will prejudice the effective
conduct of an investigation into a relevant indictable
offence.
Maximum penalty: imprisonment for 7
years.
60Regulations concerning dealing
with terrorism intelligence
The regulations may make provision for or with
respect to:
(a)
the ways in which terrorism intelligence to which
this Division applies is to be stored, handled or destroyed,
and
(b)
the ways in which, and places at which, terrorism
intelligence to which this Division applies may be accessed and documents or
records relating to such intelligence may be
prepared.
Division 5.4General
[17]Section 68 Proceedings for
offences
Omit “60 (15) or (16)” wherever
occurring. Insert instead “59F (2) or (3)”.
[18]Section 71 Disclosure and use
of application documentation
Omit “Supreme Court” from section 71
(2) where firstly occurring.
Insert instead “court in which the
proceedings are brought”.
[19]Section 71 (2)
(c)
Omit “Supreme Court”. Insert instead
“court”.
[20]Section
71A
Insert after section 71:
71AUse of certain information
provided under Act in parole proceedings
(1)
This section applies to the following information
(relevant
information):
(a)
offender information provided under Part
5,
(b)
information provided to a relevant agency of the
State under a co-operative protocol under section 65,
(c)
information provided under a terrorism
information exchange agreement under section 67,
(d)
an expert report (within the meaning of section
71) about an eligible offender.
(2)
The State is authorised to use relevant
information in the following proceedings, but only with the consent of the
provider of the information:
(a)
proceedings before the State Parole Authority
under the Crimes (Administration of Sentences)
Act 1999 concerning the parole of an
offender,
(b)
proceedings before the Children’s Court
under the Children (Detention Centres) Act
1987 concerning the parole of an
offender.
(3)
This section applies despite anything to the
contrary in this or any other Act.
[21]Section
73
Omit the section. Insert instead:
73Evidentiary
certificates
A certificate issued by the Commissioner of
Corrective Services that states that an order under Part 2 or 3 imposed on a
specified offender was suspended under section 26, 28, 42 or 47 and the date
of the expiry of the order in accordance with the section concerned is
admissible in any legal proceedings despite any Act or law to the contrary and
is evidence of the facts so stated.
[22]Schedule 1 Savings,
transitional and other provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering:
PartProvisions consequent on
enactment of Community Protection Legislation
Amendment Act 2018
Application of
amendments
(1)
The following provisions apply in respect of the
repeal of section 60, and the enactment of Division 5.3 of this Act, by the
amending Act:
(a)
if access to terrorism intelligence had not yet
been provided under section 60 before its repeal, it may be provided by
reference to that Division,
(b)
any order made by the Supreme Court under section
60 in force immediately before its repeal continues in force as an order under
section 59F (as inserted by the amending Act),
(c)
any agreement in force under section 60
immediately before its repeal continues in force as an agreement under section
59E (as inserted by the amending Act).
(2)
Section 71A (as inserted by the amending Act)
extends to information that was provided, and expert reports created, before
its commencement.
(3)
Subject to clause 2 (3) of this Schedule, section
68 and clause 10H in Part 6 of Table 2 of Schedule 1 to the Criminal Procedure Act 1986, as in force
immediately before the amendment of section 68 by the amending Act, continue
to apply in respect of offences against the former section 60 committed before
the commencement of the amendment.
(4)
In this clause:
amending
Act means the Community
Protection Legislation Amendment Act
2018.
Explanatory
note
Items [1] and [2] of the proposed amendments to
the Terrorism (High Risk Offenders) Act
2017 (the THRO
Act) clarify when persons are to be treated as advocating
terrorist acts or violent extremism or having associations or other
affiliations with others who do so for the purposes of the definition of
convicted
NSW terrorism activity offender.
Item [3] enables the Supreme Court to make
supervision or detention orders under that Act in respect of offenders who are
being supervised or detained under an extended supervision order or continuing
detention order made under the Crimes (High Risk
Offenders) Act 2006.
Items [5] and [8] enable the State to give an
index of relevant documents, reports and other information to an eligible
offender in respect of whom an application for an extended supervision order
or continuing detention order is made. The eligible offender will be able to
request access to the indexed documents, reports and other
information.
Items [6] and [9] provide that the Supreme Court,
in determining whether or not to make an extended supervision order or
continuing detention order in respect of an eligible offender, is not to
consider any intention of the offender to leave New South Wales (whether
permanently or temporarily).
Item [7] introduces standard conditions for
extended supervision orders, which the Supreme Court can vary. Item [4] makes
a consequential amendment.
Item [10] sets out the circumstances in which the
State is not required to disclose information to an eligible offender or the
Legal Aid Commission in relation to an application for an emergency detention
order except in accordance with proposed Division 5.3 of the THRO Act (which
is proposed to be inserted by item [16]).
Item [11] clarifies which declarations and orders
under the THRO Act can be appealed to the Court of Appeal.
Item [12] enables the Court of Appeal to make
more than one interim order if it remits a matter to the Supreme Court on an
appeal provided that the combined periods during which the interim orders
(whether made under the THRO Act by the Court of Appeal or the Supreme Court
at first instance) are in force do not exceed 3 months in total. The maximum
period of each interim order made by the Court of Appeal is 28
days.
Item [16] makes further provision with respect to
maintaining the confidentiality of information that is, or is claimed to be,
terrorism intelligence. Items [13]–[15] and [17] make consequential
amendments.
Items [18] and [19] authorise courts in addition
to the Supreme Court to allow expert reports provided under the THRO Act to be
disclosed and used in proceedings before them.
Item [20] authorises the use in parole
proceedings of certain information about eligible offenders provided under the
THRO Act.
Item [21] expands the provisions in respect of
which the Commissioner of Corrective Services NSW may issue evidentiary
certificates concerning suspensions of orders.
Item [22] provides for transitional matters for
the amendments made to the THRO Act.
1.9Terrorism (High Risk Offenders) Regulation
2018
Clause 10 Independent third
party representatives
Omit “section 60”. Insert instead
“Division 5.3”.
Explanatory
note
The proposed amendment is consequential on the
repeal and re-enactment by this Schedule of the provisions of section 60 of
the Terrorism (High Risk Offenders) Act
2017.
Schedule 2Amendment of Crimes Act 1900 No
40
2.1Amendment concerning supply of
drugs causing death
Section
25C
Insert after section 25B:
25CSupply of drugs causing
death
(1)
A person is guilty of an offence under this
section if:
(a)
the person supplies a prohibited drug to another
person for financial or material gain, and
(b)
the drug is self-administered by another person
(whether or not the person to whom the drug was supplied),
and
(c)
the self-administration of the drug causes or
substantially causes the death of that other
person.
Maximum penalty: Imprisonment for 20
years.
(2)
In proceedings for an offence under this section,
it is necessary to prove that the accused knew, or ought reasonably to have
known, that supplying the prohibited drug would expose another person (whether
or not the person to whom the drug was supplied) to a significant risk of
death as a result of the self-administration of the
drug.
(3)
A person does not commit an offence under this
section for supplying a prohibited drug if the person is authorised to supply
the drug under the Poisons and Therapeutic Goods Act
1966.
(4)
Proceedings for an offence under this section may
only be instituted by or with the approval of the Director of Public
Prosecutions.
(5)
Section 18 does not apply to an offence under
this section.
(6)
In this section:
prohibited drug means any substance
specified in Schedule 1 to the Drug Misuse and
Trafficking Act 1985, but does not include a prohibited
plant within the meaning of that Act.
Explanatory
note
The proposed amendment makes it an offence,
punishable by imprisonment for 20 years, to supply a prohibited drug for
financial or material gain if the self-administration of the drug by another
person causes or substantially causes that other person’s death. It will
be necessary to prove that the person supplying the prohibited drug knew, or
ought reasonably to have known, that the supply would expose a person to a
significant risk of death.
2.2Amendments concerning offences
of concealing offences
[1]Section 316 Concealing serious
indictable offence
Omit section 316 (1) and (2). Insert
instead:
(1)
An adult:
(a)
who knows or believes that a serious indictable
offence has been committed by another person, and
(b)
who knows or believes that he or she has
information that might be of material assistance in securing the apprehension
of the offender or the prosecution or conviction of the offender for that
offence, and
(c)
who fails without reasonable excuse to bring that
information to the attention of a member of the NSW Police Force or other
appropriate authority,
is guilty of an offence.
Maximum penalty: Imprisonment for:
(a)
2 years—if the maximum penalty for the
serious indictable offence is not more than 10 years imprisonment,
or
(b)
3 years—if the maximum penalty for the
serious indictable offence is more than 10 years imprisonment but not more
than 20 years imprisonment, or
(c)
5 years—if the maximum penalty for the
serious indictable offence is more than 20 years
imprisonment.
(2)
A person who solicits, accepts or agrees to
accept any benefit for the person or any other person in consideration for
doing anything that would be an offence under subsection (1) is guilty of an
offence.
Maximum penalty: Imprisonment for:
(a)
5 years—if the maximum penalty for the
serious indictable offence is not more than 10 years imprisonment,
or
(b)
6 years—if the maximum penalty for the
serious indictable offence is more than 10 years imprisonment but not more
than 20 years imprisonment, or
(c)
7 years—if the maximum penalty for the
serious indictable offence is more than 20 years
imprisonment.
[2]Section 316A Concealing child
abuse offence
Omit the penalty from section 316A (1). Insert
instead:
Maximum penalty: Imprisonment for:
(a)
2 years—if the maximum penalty for the
child abuse offence is less than 5 years imprisonment, or
(b)
5 years—if the maximum penalty for the
child abuse offence is 5 years imprisonment or
more.
[3]Section 316A (2)
(g)
Insert at the end of section 316A (2) (f):
, or
(g)
the information is about an offence under section
60E that did not result in any injury other than a minor injury (for example,
minor bruising, cuts or grazing of the skin) and the alleged offender and the
alleged victim are both school students who are under the age of 18 years, but
only if the person is a member of staff of:
(i)
a government school and the person has taken
reasonable steps to ensure that the incident reporting unit (however
described) of the Department of Education is made aware of the alleged
offence, or
(ii)
a non-government school and the person has taken
reasonable steps to ensure that the principal or governing body of the school
is made aware of the alleged offence.
[4]Section 316A
(4)
Omit the penalty from section 316A (4). Insert
instead:
Maximum penalty: Imprisonment for:
(a)
5 years—if the maximum penalty for the
child abuse offence is less than 5 years imprisonment, or
(b)
7 years—if the maximum penalty for the
child abuse offence is 5 years imprisonment or
more.
[5]Section 316A
(9)
Insert in alphabetical order:
government school and non-government school have the same
meanings as in the Education Act
1990.
member of
staff, school and school
student have the same meanings as in Division 8B of Part
3.
Explanatory
note
Item [1] of the proposed amendments updates
provisions relating to concealing a serious indictable offence:
(a)
to make the layout of those provisions consistent
with the equivalent provisions in section 316A of the Crimes
Act 1900 which deals with concealing a child abuse
offence, and
(b)
to provide that the offence of concealing a
serious indictable offence can be committed only by a person who is of or
above the age of 18 years, and
(c)
to introduce staggered penalties for the offences
of concealing a serious indictable offence and concealing a serious indictable
offence for a benefit. The penalties are based on the seriousness of the
concealed offence.
Item [2] introduces staggered penalties for the
offence of concealing a child abuse offence. The penalty is based on the
seriousness of the concealed offence.
Item [3] provides a member of staff of a school
with an alternative means of reporting a child abuse offence in the case of an
offence under section 60E of the Crimes Act
1900 (Assaults etc at schools) that did not result in any
injury other than a minor injury (for example, minor bruising, cuts or grazing
of the skin) if the alleged offender and the alleged victim are both school
students who are under the age of 18 years. Instead of reporting the offence
to a member of the NSW Police Force, the member of staff may instead take
reasonable steps to ensure that the offence is brought to the attention of the
incident reporting unit of the Department of Education in the case of a
government school or the principal or governing body of the school in the case
of a non-government school. Item [5] defines terms used in the proposed
provision.
Item [4] introduces staggered penalties for the
offence of concealing a child abuse offence for a benefit. The penalty is
based on the seriousness of the concealed offence.
2.3Amendments concerning
bushfires and former sexual offences
[1]Section 203E
Offence
Omit “14 years” from the penalty to
section 203E (1). Insert instead “21
years”.
[2]Schedule 1A Former sexual
offences
Insert in appropriate order:
Section 79
(but only in relation to an offence of buggery)
Buggery and
bestiality
Section
80
Attempt etc
to commit buggery
Explanatory
note
Item [1] of the proposed amendments increases the
maximum penalty for an offence of intentionally causing a fire and being
reckless as to its spread to vegetation on public land or land belonging to
another person. The maximum penalty is to increase from imprisonment for 14
years to imprisonment for 21 years.
Item [2] adds the former offences of buggery and
attempting, or assaulting a person, to commit buggery to the list of offences
in Schedule 1A to the Crimes Act 1900.
That Schedule sets out former sexual offences for the purposes of a number of
provisions of that Act.
Schedule 3Amendment of Crimes (Appeal and Review) Act 2001 No
120
Section
114A
Insert after section 114:
114AInformation about mercy
petitions
(1)
The publication or disclosure by or on behalf of
the Minister of information relating to a mercy petition is not a
contravention of the following:
(a)
the Criminal Records
Act 1991,
(b)
the Health Records
and Information Privacy Act 2002,
(c)
the Privacy and
Personal Information Protection Act
1998,
(d)
any other Act.
(2)
In this section, mercy
petition includes:
(a)
a petition for a review of a conviction or
sentence, or for the exercise of the Governor’s pardoning power,
referred to in Division 2 of Part 7,
(b)
any other petition for the exercise of the
prerogative of mercy.
(3)
Subsection (1) does not apply to the Court Suppression and Non-publication Orders Act
2010.
Explanatory
note
The proposed amendment prevents the publication
or disclosure by or on behalf of the Attorney General of information relating
to a petition for a review or conviction of a sentence or for a pardon, or
other mercy petition, from being a contravention of a provision of an Act that
would otherwise prohibit the publication or disclosure. Provisions of the Acts
concerned prevent information about past convictions of a person or personal
or health information about a person from being published or disclosed. The
protection from contravention does not extend to contraventions of suppression
orders or non-publication orders under the Court Suppression
and Non-publication Orders Act 2010.
Schedule 4Amendment of Liquor Act 2007 No
90
[1]Section 10 Types of licences
and authorisation conferred by licence
Insert after section 10 (1) (f):
(g)
any other type of licence that is prescribed by
the regulations.
[2]Section 159
Regulations
Insert after section 159 (2):
(2A)
The regulations may provide that a particular
type of licence is not to be granted if the Authority is of the opinion that
the sale or supply of liquor under the licence would more appropriately be
provided under another type of licence.
Historical
notes
Table of amending
instruments
Community
Protection Legislation Amendment Act 2018 No 94. Assented
to 28.11.2018. Date of commencement, Sch 1.7 excepted, assent, sec 2 (1); date
of commencement of Sch 1.7, assent, sec 2 (2) (a).