ACT Bill to Target Criminal Gang Activity
Tuesday 5 November 2019 @ 11.22 a.m. | Judiciary, Legal Profession & Procedure | Legal Research
The Crimes (Disrupting Criminal Gangs) Legislation Amendment Bill 2019 (ACT) (the “Bill”) was introduced to ACT’s Legislative Assembly (the “Assembly”) on 24 October 2019 by the Attorney-General, the Hon Gordon Ramsay. The Bill proposes amendments to the following ACT legislation:
- Construction Occupations (Licensing) Act 2004;
- Construction Occupations (Licensing) Regulation 2004;
- Crimes Act 1900;
- Crimes (Sentencing) Act 2005; and
- Liquor Act 2010.
Purpose of the Bill
As outlined in the Bill’s Explanatory Statement (“ES”), the Bill proposes to introduce a range of measures to improve public order and safety in the ACT, including where criminal activity occurs in the context of criminal organisations. Some of the amendments include:
- amending the penalties for offences of fighting (sections 391 of the Crimes Act 1900) and offensive behaviour (s 392 of the Crimes Act 1900);
- increasing maximum penalties for specified offences committed in connection with a criminal group or committed by a person associated with a criminal group;
- introducing an exclusion order scheme to exclude certain people from specified licensed premises through a civil mechanism; and
- introducing the cancellation of a licence under the Liquor Act 2010 or the Construction Occupations (Licensing) Act 2004 on the basis of a person’s criminal activities.
Overview of the Proposed Amendments
Some of the the proposed amendments include:
- Construction Occupations (Licensing) Act 2004 - inserting new Part 5A which introduces a cancellation scheme for construction licences due to the criminal activity of the licensee - these provisions create an authorising law under the ACT Civil and Administrative Tribunal Act 2008;
- Construction Occupations (Licensing) Regulation 2004 - inserting new section 11A “to the effect that if a person’s licence is cancelled by cancellation order made under the Act, the person is not eligible to be licensed for a period of five years after the order was made unless the order is revoked under section 68”;
- Crimes Act 1900 - amending section 35A(2) and (3), inserting new sections 35AA and 35AB and amending sections 391 and 392;
- Crimes (Sentencing) Act 2005 - inserting new Part 4.6 “Sentencing—schedule offence with criminal group”; and
- Liquor Act 2010 - this Act is extensively amended, including insertion of new Division 8.10 “Exclusion orders” and insertion of new Part 11B “Cancellation of licence or permit for criminal activity”.
Attorney-General’s Comment on the Bill
Commenting on the Bill in his Second Reading speech, the Attorney-General said:
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Sources:
Crimes (Disrupting Criminal Gangs) Legislation Amendment Bill 2019 (ACT) - Bill and supporting information available from TimeBase LawOne Service