Schedule 1 Amendment of Crimes Act 1900

(Section 3)

[1]   Section 4 Definitions

Insert at the end of the section:

  

(7)  A reference in any offence under this Act to causing any poison or other destructive or noxious thing to be administered to or taken by any person includes a reference to causing any person to inhale, take or be exposed to the poison or thing by its release into the person’s environment.

[2]   Section 48

Omit the section. Insert instead:

  

48   Causing explosives to be placed in or near building, conveyance or public place

(1)  A person who causes an explosive to be placed in or near:

(a)  a building, or

(b)  a vehicle, vessel, train or other conveyance, or

(c)  a public place,

      with the intention of causing bodily harm to any person, is guilty of an offence.

Maximum penalty: Imprisonment for 14 years.

(2)  A person commits an offence under this section whether or not:

(a)  any explosion occurs, or

(b)  any bodily harm is caused.

[3]   Section 55 Possessing or making explosives or other things with intent to injure

Omit “five years”. Insert instead “10 years”.

[4]   Part 3B, heading

Insert “explosives,” before “firearms”.

[5]   Section 93FA

Insert after section 93F:

  

93FA   Possession or making of explosives

(1)  A person who possesses an explosive in a public place is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(2)  A person who possesses or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess or make the explosive for a lawful purpose, is guilty of an offence.

Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both.

(3)  An offence against subsection (2) is a summary offence.

(4)  A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.

[6]   Section 200 Possession etc of explosive or other article with intent to destroy or damage property

Omit “is liable to imprisonment for 3 years”.

Insert instead “is liable (if the article is an explosive) to imprisonment for 7 years or (if the article is not an explosive) to imprisonment for 3 years”.

[7]   Section 203A Definitions

Insert at the end of the definition of public facility:

  

(e)  a public computer system, including a computer system used for the operation of a public facility, for the provision of banking services or for other services to the public.

[8]   Section 545D Unlawful making or possession of explosives

Omit the section.

[9]   Section 545E Possession of dangerous articles other than firearms

Omit the section and insert it (re-numbered as section 93FB) in appropriate order in Part 3B.

[10]   Section 357 Searching for and seizing firearms etc

Omit “section 545E” from section 357 (1) (b).

Insert instead “section 93FB”.