An Act to make miscellaneous amendments to legislation relating to crimes and court proceedings, the Director of Public Prosecutions and fine enforcement.
1 Name of Act
This Act is the Courts and Crimes Legislation Amendment Act 2012.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of legislation
[1] Section 267 Maximum penalties for Table 1 offences
Insert “, subject to this section,” after “offence is” in section 267 (3).
[2] Section 267 (4)
Omit the subsection.
[3] Section 267 (4A)
Omit “12 months”. Insert instead “2 years”.
[4] Section 268 Maximum penalties for Table 2 offences
Omit section 268 (2). Insert instead:(2) The maximum fine that the Local Court may impose for the following offences is:(a) for an offence under section 35A (2), 49A, 56, 58, 59, 59A, 60 (1), 60A (1), 60B, 60C, 60E (1) and (4), 61, 61L, 61N or 61O (1) or (1A) of the Crimes Act 1900—50 penalty units,(b) for an offence listed in Part 2 or 3 of Table 2 to Schedule 1 (other than an offence under section 154A of the Crimes Act 1900):(i) 50 penalty units, or(ii) if the value of any property, amount of money or reward concerned does not exceed $2,000—20 penalty units,(c) for an offence under section 154A of the Crimes Act 1900—50 penalty units,(d) for an offence under section 93G, 93H or 93I of the Crimes Act 1900—50 penalty units,(e) for an offence under section 7, 7A, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 1996—50 penalty units,(f) for an offence under section 7, 20, 23 (1), 23A (1), 25A (1), 31 or 34 of the Weapons Prohibition Act 1998—100 penalty units,(g) for an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900—50 penalty units,(h) for an offence under section 100 (1) of the Rural Fires Act 1997—100 penalty units,(i) for an offence under section 578C (2A) of the Crimes Act 1900—in the case of an individual, 100 penalty units or, in the case of a corporation, 200 penalty units,(j) for an offence under section 10 or 20 of the Liens on Crops and Wool and Stock Mortgages Act 1898—50 penalty units,(k) for an offence under Part 2 or 5 (other than section 40 (2)) of the Surveillance Devices Act 2007—in the case of an individual, 100 penalty units or, in the case of a corporation, 200 penalty units,(l) for an offence under section 17 or 18 of the Child Protection (Offenders Registration) Act 2000—100 penalty units,(m) for an offence under section 65 of the Electricity Supply Act 1995—100 penalty units,(n) for an offence under section 66 of the Gas Supply Act 1996—100 penalty units.(2AA) A fine may be imposed as referred to in subsection (2) for an offence in addition to or instead of any term of imprisonment that may be imposed by law for the offence.
[5] Section 289A Definitions
Omit the definition of .
[6] Section 289A
Insert in alphabetical order:means any person, or person of a class, prescribed by the regulations for the purposes of this definition.seized material, in relation to proceedings for a child abuse material offence, means material:(a) that came into the possession of a police officer in the course of the exercise of functions as a police officer, and(b) some of which is alleged child abuse material that is the subject of the proceedings.
[7] Section 289B Use of random sample evidence in child abuse material cases
Omit section 289B (1). Insert instead:(1) An authorised classifier may, in connection with any proceedings for a child abuse material offence, conduct an examination of a random sample of seized material.
[8] Section 289B (2), (3), (5) and (8)
Omit “authorised analyst” wherever occurring.Insert instead “authorised classifier”.
[9] Section 289B (4)
Omit the subsection. Insert instead:(4) A certificate of an authorised classifier, that certifies any of the following matters, is admissible in proceedings for a child abuse material offence as evidence of the matters certified:(a) that the authorised classifier conducted an examination of a random sample of seized material,(b) the findings of the authorised classifier as to the nature and content of the random sample.
[10] Section 289B (6)
Omit “child abuse material or alleged child abuse material the subject of the proceedings concerned”.Insert instead “seized material”.
[11] Section 299B Determining if there is a protected confidence
Insert after section 299B (4):(5) This section has effect despite sections 297 and 298.
[12] Section 305A Subpoenas for production of counselling communications
Insert “requiring the production of a document recording a counselling communication (within the meaning of section 296)” after “service of subpoenas”.
[13] Section 305A
Omit “involving a prescribed sexual offence”.
[14] Schedule 1 Indictable offences triable summarily
Insert after clause 18 in Table 1:An offence under section 152 of the Conveyancers Licensing Act 2003 where the amount of money in respect of which the offence is charged exceeds $5,000 or an offence under section 153 of that Act where the account in respect of which the offence is charged relates to an amount that exceeds $5,000.
[15] Schedule 1, Table 1
Insert after clause 23A:An offence under section 211 of the Property, Stock and Business Agents Act 2002 where the amount of money in respect of which the offence is charged exceeds $5,000 or an offence under section 212 of that Act where the account in respect of which the offence is charged relates to an amount that exceeds $5,000.
[16] Schedule 1, Table 2
Insert after clause 10C:An offence under section 152 of the Conveyancers Licensing Act 2003 where the amount of money in respect of which the offence is charged does not exceed $5,000 or an offence under section 153 of that Act where the account in respect of which the offence is charged relates to an amount that does not exceed $5,000.An offence under section 211 of the Property, Stock and Business Agents Act 2002 where the amount of money in respect of which the offence is charged does not exceed $5,000 or an offence under section 212 of that Act where the account in respect of which the offence is charged relates to an amount that does not exceed $5,000.
[17] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
[18] Schedule 2
Insert at the end of the Schedule with appropriate Part and clause numbers:Part Provisions consequent on enactment of Schedule 1.1 to Courts and Crimes Legislation Amendment Act 2012Changes in respect of Schedule 1 offences(1) An amendment made to section 267 or 268 by the Courts and Crimes Legislation Amendment Act 2012 applies only in respect of an offence that is committed, or alleged to have been committed, on or after the commencement of the amendment.(2) An amendment made to Schedule 1 by the Courts and Crimes Legislation Amendment Act 2012 extends to an offence that was committed, or alleged to have been committed, before the commencement of the amendment unless the accused person has been committed for trial or sentence before that commencement.Use of random sample evidence(1) The amendments made to Part 4A of Chapter 6 by the Courts and Crimes Legislation Amendment Act 2012 extend to proceedings instituted or partly heard before the commencement of the amendments, which were not finally disposed of before that commencement.(2) Accordingly, that Part as so amended extends to offences under Division 15A of Part 3 of the Crimes Act 1900 alleged to have been committed before the commencement of the amendments to Part 4A of Chapter 6.
Clause 27A
Insert after clause 27:27A Authorised classifiersFor the purposes of the definition of in section 289A of the Act, members of the NSW Police Force who have undertaken training in the classification of child abuse material that is conducted or arranged by the NSW Police Force are prescribed as authorised classifiers.
[1] Section 36 Savings and transitional provisions
Insert after section 36 (8):(9) The amendments made to this Act by the Courts and Crimes Legislation Amendment Act 2012:(a) extend to the person holding the office of Director immediately before the day on which the Bill for the Courts and Crimes Legislation Amendment Act 2012 was first introduced into Parliament, and(b) do not apply to or in respect of any person who ceased to hold office as Director before that day.
[2] Section 37 Regulations
Insert at the end of section 37 (3):
[3] Schedule 1 Provisions relating to Senior Officers
Omit clause 10 (1) (a) and (b). Insert instead:(a) section 3 of that Act applies to a person who vacated the office of Director under clause 4 (1) (c) after serving as Director for not less than 5 years, and(b) section 4 of that Act applies to a person who ceased to hold office as Director after having attained the age of 60 years and serving as Director for not less than 10 years as if a reference to having attained the age of 72 years and retired were a reference to having vacated office under clause 4 (1) (c), and(c) section 5 of that Act applies to a person who held office as Director as if a reference in section 5 (2) to having attained the age of 72 years and then retired were a reference to having vacated office under clause 4 (1) (c) (regardless of whether the person’s term of office would have expired before the person could have attained the age of 72 years), and(d) section 6 of that Act applies to a person who died while holding office as Director as if a reference in section 6 (5) to having attained the age of 72 years and then retired and died were a reference to having vacated office under clause 4 (1) (c) and died (regardless of whether the person’s term of office would have expired before the person could have attained the age of 72 years).
[4] Schedule 1, clause 10 (6), definition of “superannuation scheme”
Insert in alphabetical order:superannuation scheme has the same meaning as STC fund or STC scheme has in the Superannuation Administration Act 1996.
Section 13 Referral for a court fine enforcement order
Insert after section 13 (2):(3) Subsection (1) (a) does not apply to a court that uses an automated electronic system for the referral of unpaid court imposed fines to the State Debt Recovery Office.