Specific penalties and orders
has been updated as a result of the following recent amendments:
- Pawnbrokers and Second-hand Dealers Regulation 2021 has replaced the 2015 regulation.
[2-000] Road transport legislation has been amended as follows:
- PCA, other alcohol related offences and mandatory interlock order disqualification tables at [2-020] to include offences pursuant to Road Transport Act 2013 Sch 3 cll 17(1)(a), 17(1)(b), 17(1)(c),
- Testing for alcohol and drug use — Sch 3 offences — Road Transport Act table at [2-040] to remove offence under Sch 3 cl 17(3).
[22-000] Apprehended violence orders at [22-120] and [22-140] is updated to include the following amendments in the Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 which commenced on 27 March 2021:
- section 36(c) includes, as a prohibition taken to be specified in every AVO made on/after 27 March 2021, intentionally or recklessly harming an animal that belongs to, or is in the possession of, the protected person or a person with whom they have a domestic relationship,
- the definition of “intimidation” in s 7(1)(c) includes (for AVO applications, including for variation/revocation, made on/after 27 March 2021) conduct that causes a reasonable apprehension of harm to an animal that belongs/belonged to, or is or was in the possession of the person/another with whom they have a domestic relationship,
- for persons sentenced to full-time imprisonment for a relevant offence, an ADVO is in force for the period of imprisonment and an additional two years unless there is good reason to impose a different period. Further, such an AVO may commence on a day before the day the person starts serving the term of imprisonment: ss 39(2A)–39(2D),
- ss 39(1) and 39(1A) provide that, in relation to a person who pleads guilty, or is found guilty, of a serious offence, a court must make a final AVO for the protection of the person against whom the offence was committed whether or not an interim AVO (which includes a provisional order) has been made, or an application for an AVO has been made.
[30-000] Inquiries under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 has been extensively revised as a result of the commencement of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021 on 27 March 2021. Significant amendments have been made to the chapter including in relation to the following paragraphs:
- [30-000] includes a table of the provisions in the Mental Health (Forensic Provisions) Act 1990 corresponding to those in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020,
- [30-040] includes the definitions of “Mental health impairment” and “Cognitive impairment” defined in ss 4, 5(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020,
- [30-060] lists the matters under s 15 a magistrate may consider when determining whether it is appropriate to deal with a defendant in accordance with Div 2, and the actions set out in ss 13 (adjournment) and 14 (dismissal),
- [30-120] includes the orders under s 18 for dealing with a defendant who is a “mentally ill person” or a “mentally disordered person” within the meaning of the Mental Health Act 2007,
- [30-140] includes detention and assessment orders under s 19.
Other consequential amendments were made as follows:
- [18-000] Commonwealth offences is amended at [18-140] to refer to mental health impairment and cognitive impairment under s 12 Mental Health and Cognitive Impairment Forensic Provisions Act 2020,
- [28-000] Committal proceedings is amended at [28-180] in relation to remitting a matter to a magistrate after an accused has been found fit to be tried in committal proceedings under s 52 Mental Health and Cognitive Impairment Forensic Provisions Act 2020,
- [38-000] Children’s Court is amended at [38-260] to add that Pt 2 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 applies to children in the Children’s Court,
- [54-000] Warrants for arrest in criminal proceedings in the Local Court has been amended to include a warrant under s 114 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 for forensic/correctional patients outside NSW and the subject of an apprehension order.
The Index and Table of Statutes have been updated to Update 140.