Update 149, September 2023
Specific Penalties and Orders has been improved by utilising Lawcodes to generate penalties in almost all of the maximum penalty tables. For a list of Acts in Specific Penalties and Orders that are not populated by Lawcodes see Introduction. The following additional Acts have been included:
Specific penalties and orders has been updated as follows:
- Crimes Act 1900 has been amended by Crimes Legislation Amendment (Assaults on Retail Workers) Act 2023 No 11 to include new offence s 60G
- Law Enforcement (Powers and Responsibilities) Act 2002 has been amended by Statute Law (Miscellaneous Provisions) Act 2023 to omit s 76AG(1) from Sch 1, Table 2, and insert s 76AO as a Table 2 offence
[2-000] Road Transport includes:
- updated penalties resulting from the Heavy Vehicle National Law: Schedule of Infringement Penalties and Demerit Points 23/24 FY at [2-040]
- the offence of using an unregistered vehicle at [2-040] has updated maximum penalty information for s 2.1(1) Motor Accident Injuries Act 2017 and s 9 Motor Vehicles Taxation Act 1988 offences.
[18-000] Commonwealth offences:
- has been revised due to the value of the penalty unit increasing to $313 from 1 July 2023, and [18-060], [18-100], [18-160], [18-200], [18-220], [18-300], [18-320], [18-340] and [18-380] have been amended to take this into account
- includes penalties for corporations under Taxation Administration Act 1953 s 8ZF and prosecution of prescribed taxation offences under s 8ZJ(4) in [18-200]
- includes a reference to D Lane, Sentencing of federal offenders in Australia: a guide for practitioners, 6th edn, April 2023 at [18-000].
[20-000] Bail is revised at [20-840] regarding the onus on an accused to satisfy bail provisions for Commonwealth child sex offences and to include reference to R v Weatherall  NSWSC 710 regarding s 15AAA Crimes Act 1914.
[28-000] Committal proceedings is amended as follows:
- Commissioner of Police v Walker  NSWSC 539, BUSB v R (2011) 80 NSWLR 170 and HT v The Queen (2019) 269 CLR 403 at [28-080] in respect of restricted retention orders which restrains the defendant from retaining copies of parts of the brief of evidence
- Charge certificates at [28-100] is revised and amended
- Failure to file charge certificate at [28-100] includes Zahed v DPP  NSWSC 368, which discusses s 68(2), (3) Criminal Procedure Act 1986 and consideration of the “interests of justice” test
- Elwood v DPP  NSWSC 772 and Landrey v DPP  NSWCA 211 are included in Failing to fulfil case conference obligations at [28-120]
- Hijazi v DPP  NSWSC 1218 is included at [28-160] in respect of the importance of knowing what a defendant is pleading guilty and not guilty to.
The Index, Table of Cases and Table of Statutes have been updated to Update 149.