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Legislative Assembly for the ACT: 2001 Week 1 Hansard (15 February) . . Page.. 268 ..
Mr Stefaniak: That is what we have now, which we did not have before.
MS TUCKER: That is right. Mr Stefaniak is saying that he wanted to get one definition. Agreed. Good idea. Mr Stanhope is adding to that single definition to make sure that the intent concept is linked to it.
Mr Stefaniak: The intent is there in those sections I read out.
MS TUCKER: Mr Stefaniak said that we know that this definition has worked and there has been no problem but, as I understand it, it has been in place only since December 2000 and only in respect of stalking, so there has not been enough time to know whether there are problems. It applies only in a specific area.
Let me state my understanding of the research we have done trying to get a position on this. Before December 2000 the definition of offensive weapon in section 4 of the Crimes Act said only that it included an imitation or replica of an offensive weapon or an instrument, as the case may be. Offensive weapon is defined more precisely at four different places in the act that applied to different parts. Specifically, these definitions are in part III, "Offences against the person". Section 33, "Possession of object with intent to kill etc.", states:
A person who:
(a) has possession of an object capable of causing harm to another person; and
(b) intends to use the object, or to cause or permit another person to use the object, unlawfully to kill another person or cause grievous bodily harm to another person;
is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
So there is intent there. The key word here is the "and" between the paragraph beginning with "has possession" and the paragraph beginning with "intends". In part IV, "Offences relating to property", section 93 states:
"offensive weapon" means an article made or adapted for use for the purpose of causing injury to or incapacitating a person or which any person having it with him or her intends to use for that purpose;
Part XIV states:
"offensive weapon" means any thing made or adapted for use for causing bodily injury, or intended for that use by the person who has it in his or her possession.
Section 494, "Possession of an offensive weapon with intent", states.
(1) A person who has on his or her person an offensive weapon or a disabling substance, in circumstances indicating intent to use the weapon or substance to commit an offence involving actual or threatened violence, is guilty of an offence punishable ...
(2) In subsection (1):
"disabling substance" means any anaesthetising or other substance made for use for disabling a person, or intended for that use by the person who has it in his or her possession;"
"offensive weapon" means any thing capable of being used for causing bodily injury.
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