His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes Act 1900.
BOB DEBUS, M.P.,Attorney General
1 Name of Regulation
This Regulation is the Crimes (General) Regulation 2000.
2 Commencement
This Regulation commences on 1 September 2000.Note—This Regulation replaces the Crimes (General) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Interpretation
(1) In this Regulation:the Act means the Crimes Act 1900.(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.(3) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
4 Forms for records concerning domestic violence and child assault
The forms referred to in the Table to this clause are prescribed for the purposes of the provisions of the Act so referred to.Table
5 Forms for complaints and orders concerning apprehended violence
For the purposes of Part 15A of the Act:(a) a complaint for an order may be made in a form approved by the Minister, and(b) an application to vary or revoke an order may be made in a form approved by the Minister,(c) a telephone interim order made under section 562H of the Act may be in a form approved by the Minister, and(d) a court may make an order in a form approved by the Minister.
6 Concealment of offences by certain persons
For the purposes of section 316 (4) of the Act, the following professions, callings or vocations are prescribed:(a) a legal practitioner,(b) a medical practitioner,(c) a psychologist,(d) a nurse,(e) a social worker, including:(i) a support worker for victims of crime, and(ii) a counsellor who treats persons for emotional or psychological conditions suffered by them,(f) a member of the clergy of any church or religious denomination,(g) a researcher for professional or academic purposes.
7 Short descriptions of certain offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision of the Act specified in Column 1 of Schedule 2 is:(a) the text set out in relation to the offence in Column 2 of that Schedule, or(b) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.(3) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(4) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(5) Subclause (4) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
8 Savings provision
Any act, matter or thing that, immediately before the repeal of the Crimes (General) Regulation 1995, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Forms
(Clause 4)
Form 1 Record of complaint requesting the issue of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence
(Section 357G (7))
I, the undersigned Magistrate, received a complaint (details overleaf) in person*/by telephone* (which was transmitted by ............................................................
of .................................................. Police Station)*
from ............... of .............................. Police Station
(hereinafter called the complainant) alleging that the complainant had been denied entry to a dwelling-house at ............................................................
in which the complainant suspects or believes a domestic violence offence has been committed*/is being committed*/is imminent*/is likely to be committed* making it necessary to immediately enter the dwelling-house to investigate*/take action* and for which purpose the complainant requests I issue my warrant authorising such entry.
of .................................................. Police Station)*
from ............... of .............................. Police Station
(hereinafter called the complainant) alleging that the complainant had been denied entry to a dwelling-house at ............................................................
in which the complainant suspects or believes a domestic violence offence has been committed*/is being committed*/is imminent*/is likely to be committed* making it necessary to immediately enter the dwelling-house to investigate*/take action* and for which purpose the complainant requests I issue my warrant authorising such entry.
And being satisfied there were reasonable grounds for that suspicion or belief (give details):
............................................................
............................................................
on ............... [date] at ..... a.m.*/p.m.* I granted my warrant authorising the complainant to enter the abovementioned dwelling-house pursuant to section 357G of the Crimes Act 1900, (subject to the following additional terms)*:
............................................................
............................................................
............................................................
............................................................
on ............... [date] at ..... a.m.*/p.m.* I granted my warrant authorising the complainant to enter the abovementioned dwelling-house pursuant to section 357G of the Crimes Act 1900, (subject to the following additional terms)*:
............................................................
............................................................
....................Magistrate.
* Delete if inapplicable
Details of incident
1
Names of persons involved (if known):
............................................................
............................................................
2
Location of incident (full address or description of dwelling-house):
............................................................
............................................................
3
Name of civilian informant and relationship (if any) to aggrieved person:
............................................................
............................................................
4
It is suspected that the offence of ............................................................
(a domestic violence offence) has been committed*/is being committed*/is imminent*/is likely to be committed* in the dwelling-house.
(a domestic violence offence) has been committed*/is being committed*/is imminent*/is likely to be committed* in the dwelling-house.
5
Other information obtained by investigating police:
(a) Personal observations by police (e.g. noise from the house etc): ............................................................
............................................................
............................................................
(b) Resident’s or neighbour’s information: ............................................................
............................................................
............................................................
(c) Other information: ............................................................
............................................................
............................................................
6
Was the investigating police officer denied entry to the dwelling-house? yes*/no*.
7
Details of denial of entry (including anything said or done):
............................................................
............................................................
............................................................
............................................................
8
The complainant requests the grant of a warrant believing it is necessary to immediately enter the dwelling-house:
to investigate whether a domestic violence offence:or to take action:
to investigate whether a domestic violence offence:
(a) has been committed*
(b) is being committed*
(c) to prevent the commission of a domestic violence offence*
(d) to prevent the further commission of a domestic violence offence*.
* Delete if inapplicable
Form 2
Part 1 Record of grant of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence
(Section 357G (12))
On ................................... [date] at ..... a.m.*/p.m.* ........................................ Magistrate, being satisfied there were reasonable grounds for doing so, granted a warrant authorising .................... of .................................................. Police Station (hereinafter called the complainant) to enter the dwelling-house at ............................................................
............................................................
............................................................
after receiving a complaint that:
1 The complainant had been denied entry to the dwelling-house.
2 The complainant suspects or believes:(a) a domestic violence offence has recently been committed* is being committed* is imminent* is likely to be committed* in the dwelling-house, and(b) it is necessary to immediately enter the dwelling-house to investigate or take action in relation to the complaint.
And the warrant was granted subject to the following additional terms:* ............................................................
............................................................
............................................................
....................
Signature of complainant
(Police Officer)
* Delete if inapplicable
Part 2 Important information for residents
1A warrant has been granted by a Magistrate authorising the police to enter your home to investigate the matter referred to in paragraph 2 (a) above relating to a domestic violence offence.2If necessary, the police may use reasonable force to enter your home and any person attempting to prevent the police from entering could be prosecuted for that as a criminal offence.3The police are authorised by the warrant to remain in your home only as long as is reasonably necessary for them to do the following things:(a) to investigate whether a domestic violence offence has been committed,(b) to prevent a domestic violence offence from being committed,(c) to arrest a person for a domestic violence offence,(d) to assist any person who is injured.
Schedule 2 Short descriptions of offences
(Clause 7)
Column 1 | Column 2 |
Offence | Prescribed expression |
Section 58—assault person with intent to commit felony | assault with intent to commit felony |
Section 58—assault, resist or wilfully obstruct any officer while in execution of duty | assault/resist/wilfully obstruct officer |
Section 58—assault, resist or wilfully obstruct any person acting in the aid of an officer in execution of duty | assault/resist/wilfully obstruct person aiding officer |
Section 58—assault person with intent to resist or prevent the lawful apprehension or detainer of any person for any offence | assault to resist/prevent arrest/detention |
Section 59—assault person occasioning actual bodily harm | assault occasioning actual bodily harm |
Section 61—assault person not occasioning actual bodily harm | common assault |
Section 117—commit larceny | larceny |
Section 125—fraudulently take property or part of property held as bailee to own use | bailee fraudulently take property to own use |
Section 125—fraudulently take property or part of property held as bailee to the use of person other than owner or bailee | bailee fraudulently take property to other’s use |
Section 125—fraudulently take property or part of property for which property held as bailee has been converted or exchanged to own use | bailee fraudulently take converted/exchanged property to own use |
Section 125—fraudulently take property or part of property for which property held as bailee has been converted or exchanged to use of person other than owner or bailee | bailee fraudulently take converted/exchanged property to other’s use |
Section 125—fraudulently convert property or part of property held as bailee to own use | bailee fraudulently convert property to own use |
Section 125—fraudulently convert property or part of property held as bailee to use of person other than owner or bailee | bailee fraudulently convert property to other’s use |
Section 125—fraudulently convert property or part of property for which property held as bailee has been converted or exchanged to own use | bailee fraudulently take converted/exchanged property to own use |
Section 125—fraudulently convert property or part of property for which property held as bailee has been converted or exchanged to use of person other than owner or bailee | bailee fraudulently take converted/exchanged property to other’s use |
Section 126—steal any cattle | steal cattle |
Section 126—wilfully kill any cattle with intent to steal the carcass, or skin, or other part, of the cattle so killed | kill cattle with intent to steal carcass/skin/part of cattle |
Section 134—steal the whole or any part of any valuable security | steal whole/part valuable security |
Section 134—embezzle the whole or any part of any valuable security | embezzle whole/part valuable security |
Section 134—destroy the whole or any part of any valuable security for any fraudulent purpose | destroy whole/part valuable security |
Section 134—cancel the whole or any part of any valuable security for any fraudulent purpose | cancel whole/part valuable security |
Section 134—obliterate the whole or any part of any valuable security for any fraudulent purpose | obliterate whole/part valuable security |
Section 134—conceal the whole or any part of any valuable security for any fraudulent purpose | conceal whole/part valuable security |
Section 148—steal any property in a dwelling house | steal in dwelling house |
Section 154A (1) (a)—take and drive a conveyance without the consent of the owner or person in lawful possession of the conveyance | take and drive conveyance |
Section 154A (1) (a)—take a conveyance without the consent of the owner or person in lawful possession of the conveyance for the purpose of driving the conveyance | take conveyance for purposes of driving |
Section 154A (1) (a)—take a conveyance without the consent of the owner or person in lawful possession of the conveyance for the purpose of secreting it | take conveyance for purpose of secreting it |
Section 154A (1) (a)—take a conveyance without the consent of the owner or person in lawful possession of the conveyance for the purpose of obtaining a reward for its restoration or pretended restoration | take conveyance for reward for actual/pretended restoration |
Section 154A (1) (a)—take a conveyance without the consent of the owner or person in lawful possession of the conveyance for a fraudulent purpose (other than the purpose of driving, secreting or of obtaining a reward for the conveyance’s restoration or pretended restoration) | take conveyance for fraudulent purpose |
Section 154A (1) (b)—drive a conveyance knowing that it has been taken without the consent of the owner or person in lawful possession of the conveyance | knowingly drive stolen conveyance |
Section 154A (1) (b)—allow oneself to be carried in or on a conveyance knowing that it has been taken without the consent of the owner or person in lawful possession of the conveyance | knowingly be carried in/on stolen conveyance |
Section 156—being a clerk or servant, steal any property belonging to master or employer | steal property of master/employer |
Section 156—being a clerk or servant, steal any property in the possession of master or employer | steal property in possession of master/employer |
Section 156—being a clerk or servant, steal any property in the power of master or employer | steal property in power of master/employer |
Section 156—being a clerk or servant, steal any property into which property belonging to master or servant has been converted or exchanged | steal property out of converted/exchanged property of master/employer |
Section 156—being a clerk or servant, steal any property into which property in possession of master or employer has been converted or exchanged | steal property out of converted/exchanged property master/employer possessed |
Section 156—being a clerk or servant, steal any property into which property in power of master or employer has been converted or exchanged | steal property out of converted/exchanged property in power of master/employer |
Section 157—being a clerk or servant, fraudulently embezzle whole or part of property delivered to, or received or taken into possession by, clerk or servant for, in the name or on account of master or employer | embezzlement by clerk/servant |
Section 158—being a clerk or servant, destroy, alter or mutilate any book, paper, writing, valuable security or account of employer with intent to defraud | destroy/alter/mutilate book/paper/writing/valuable security/account |
Section 158—being a clerk or servant, falsify any book, paper, writing, valuable security or account of employer with intent to defraud | falsify book/paper/writing/valuable security/account |
Section 158—being a clerk or servant, make or concur in making a false entry in any book, writing or account of employer with intent to defraud | make/concur in making false entry in book/writing/account |
Section 158—being a clerk or servant, omit or alter, or concur in omitting or altering, material particular of book, writing or account of employer with intent to defraud | omit/alter/concur in omitting/altering material particular of book/writing/account |
Section 178A—fraudulently misappropriate for own use money or valuable security collected or received and required to be delivered to, or accounted for or paid to other person | fraudulently misappropriate money/valuable security |
Section 178A—fraudulently omit to account for money or valuable security collected or received and required to be delivered to, or accounted for or paid to other person | fraudulently omit to account for money/valuable security |
Section 178B—obtain chattel, money or valuable security by passing any cheque that is not paid on presentation | obtain chattel/money/valuable security by passing valueless cheque |
Section 178BA—dishonestly obtain any money, valuable thing or financial advantage by deception | obtain money/valuable thing/financial advantage by deception |
Section 178BB—make or publish, or concur in making or publishing, false or misleading statement with intent to obtain any money, valuable thing or financial advantage | obtain money/valuable security/financial advantage by false/misleading statement |
Section 178C—obtain credit by false pretence or false promise when incurring debt or liability | obtain credit by false pretence/false promise |
Section 178C—obtain credit by fraud when incurring debt or liability | obtain credit by fraud |
Section 179—obtain property by false promise with intent to defraud | obtain property by false promise |
Section 179—obtain property by false pretence with intent to defraud | obtain property by false pretence |
Section 188—knowing that property is stolen, receive, dispose of or attempt to dispose of property where the stealing amounts to a felony | receive/dispose of stolen property |
Section 189A—knowing that property is stolen, without lawful excuse receive, dispose of, or attempt to dispose of, or have possession of, property stolen outside NSW | receive/dispose of/attempt to dispose of/possess property stolen outside NSW |
Section 195 (a)—maliciously destroy or damage property belonging to another person otherwise than by means of fire or explosives | maliciously destroy/damage property |
Section 195 (a)—maliciously destroy or damage property belonging to the person and another person otherwise than by means of fire or explosives | maliciously destroy/damage partly owned property |
Section 353B—carrying razor, razor blade or other cutting weapon when apprehended for any crime or offence or immediately before being apprehended | carry cutting weapon |
Section 527A—obtain or attempt to obtain money, valuable thing or benefit by wilful false representation | obtain money/valuable thing/benefit by wilful false representation |
Section 527C (1) (a)—have any thing in custody which may be reasonably suspected of being unlawfully obtained | unlawfully obtained goods (personal custody) |
Section 527C (1) (b)—have any thing in the custody of another person which may be reasonably suspected of being unlawfully obtained | unlawfully obtained goods (in another’s custody) |
Section 527C (1) (c)—have any thing, in or on premises, which may be reasonably suspected of being unlawfully obtained | unlawfully obtained goods (in/on premises) |
Section 527C (1) (d)—give custody of any thing which may be reasonably suspected of being unlawfully obtained to person not entitled | give unlawfully obtained goods to person not entitled |
Section 546C—resist or hinder, or incite another to assault, resist or hinder, a member of the police force in execution of duty | resist police/hinder police/incite another to assault/resist/hinder police |
Section 547B—knowingly falsely represent to police that an act has been, or will be, done or an event has occurred or will occur, being an act or event that calls for police investigation | falsely represent to police act/event calling for investigation |
Section 547C—being in or near a building without reasonable cause with intent to peep or pry on another person | peep/pry |