An Act to amend the Crimes Act 1900 with respect to child neglect offences; and to make a consequential amendment to the Criminal Procedure Act 1986.
1 Name of Act
This Act is the Crimes Amendment (Child Neglect) Act 2004.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Consequential amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 2.
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 43
Omit the section. Insert instead:43 Abandoning or exposing a child under 7 yearsA person who, without reasonable excuse, intentionally abandons or exposes a child under 7 years of age is guilty of an offence if it causes a danger of death or of serious injury to the child.Maximum penalty: Imprisonment for 5 years.
[2] Section 43A
Insert after section 43:43A Failure of persons with parental responsibility to care for child(1) In this section:child means a child under 16 years of age.parental responsibility means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.(2) A person:(a) who has parental responsibility for a child, andis guilty of an offence if the failure causes a danger of death or of serious injury to the child.(b) who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,Maximum penalty: Imprisonment for 5 years.
[3] Section 44 Not providing wife, child or servant with food etc
Omit “, child, ward” wherever occurring.
Schedule 2 Consequential amendment of Criminal Procedure Act 1986
(Section 4)
Schedule 1 Indictable offences triable summarily
Insert “, 43A” after “43” in item 2 of Table 1.