Page 84 - Week 01 - Wednesday, 8 April 1992
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PROSTITUTION (CONSEQUENTIAL AMENDMENTS) BILL 1992
MR MOORE (10.56): I present the Prostitution (Consequential Amendments) Bill 1992.
Title read by Clerk.
MR MOORE: I move:
That this Bill be agreed to in principle.
I have nothing further to add.
Debate (on motion by Mr Connolly) adjourned.
CRIMES (AMENDMENT) BILL 1992
MR HUMPHRIES (10.57): Madam Speaker, I present the Crimes (Amendment) Bill 1992.
Title read by Clerk.
MR HUMPHRIES: I move:
That this Bill be agreed to in principle.
The full title of the Act being amended - the Crimes Act 1900 of the State of New South Wales in its application to the Australian Capital Territory - is effectively the ACT's equivalent of the States' crimes Acts, and is a very important piece of legislation underpinning a great deal of our criminal law. Prior to 1 January 1986, Part IV of that Act contained certain provisions which, broadly speaking, were aimed at white collar crime and were frequently used by both the police and the then Corporate Affairs Commission in this context. Of the provisions in Part IV, those most frequently used were section 173 to section 180. On 1 January 1986 the existing Part IV was repealed and new provisions were substituted by the Crimes (Amendment) Ordinance, No. 4 of 1985.
This Bill, Madam Speaker, is premised on the argument that former section 173 of the Crimes Act has not been adequately replaced by the 1985 amending legislation and should be substantially re-enacted to remedy a lacuna in the Territory's criminal law. The old section 173 was a specific provision which, in general terms, made it an offence for a company officer to take or otherwise misapply the property of a company. It does cover the area of directors and other officers using their position to steal from the company or misuse company property to their own advantage or to the disadvantage of the company. It is important to realise, however, that many of the activities proscribed in section 173 could not be regarded as theft in the ordinary sense of that word.
Section 173 was repealed on 1 January 1986, along with the rest of the old Part IV. The new provisions replaced section 173, together with the other sections, with a single theft provision - a new section 99. It is worthy of note that section 173
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