Hansard - ACT Legislative Assembly

Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2871 ..

Schedule 4

CRIMES LEGISLATION AMENDMENT BILL 2001

Amendment circulated by the Leader of the Opposition

PART 1

Clause 5

Page 3, line 15-

[Oppose the clause.]

Part 3

Page 6, line 2-

Omit the part.

Clause 13

Proposed new subsection 107A (2)

Page 9, line 10-

Omit the subsection, substitute the following subsection:

(2) In the prosecution of a person for an offence against this section, the prosecution must establish beyond reasonable doubt that the defendant-

(a) did not have reasonable grounds for believing that the cheque would be paid in full on presentation; or

(b) had an intention to defraud.

Clause 16

Proposed new subsection 349SA (1)

Page 10, line 22-

Omit the subsection, substitute the following subsection:

(1) This section applies if a police officer believes, on reasonable grounds, that-

(a) a person is carrying, or otherwise has in his or her possession, a thing (the relevant thing ) relevant to an indictable offence; and

(b) it is necessary to exercise a power under subsection (2) to prevent the thing from being concealed, lost or destroyed; and

(c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.