Crimes (General) Regulation 2000
Repealed version for 10 February 2003 to 31 August 2005 (accessed 26 May 2013 at 12:49)
Status information
NSW Crest

Status information

Currency of version
Repealed version for 10 February 2003 to 31 August 2005 (accessed 26 May 2013 at 12:49).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Note:
The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2005.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 September 2005.
NSW Crest

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 This Regulation replaces the Crimes (General) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.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

Section 357G (7)

Form 1

Section 357G (12)

Part 1 of Form 2

Section 357G (13) (a)

Part 2 of Form 2

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,
(h)  if the serious indictable offence referred to in section 316 (1) of the Act is an offence under section 60E of the Act, a school teacher, including a principal of a school.

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

Crimes Act 1900

(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.

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)*:
............................................................
............................................................

....................
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.

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:

(a)  has been committed*
(b)  is being committed*
or to take action:
(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

Crimes Act 1900

(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

1   A 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.

2   If 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.

3   The 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

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Crimes (General) Regulation 2000 published in Gazette No 103 of 11.8.2000, p 7497 and amended as follows:
Crimes (General) Amendment (School Protection) Regulation 2003 (GG No 39 of 7.2.2003, p 769)

Table of amendments

Cl 6

Am 7.2.2003.

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