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More legislation to note

Thu Nov 08 2007

The Crimes Amendment (Consent - Sexual Assault Offences) Bill 2007 was introduced to�the Legislative Council�on 7 November. The objects of the Bill, as defined in the�Explanatory Notes is to�amend the Crimes Act 1900:

  • to define “consent” for the purposes of sexual assault offences as free and voluntary agreement to sexual intercourse, and
  • to include in the cases when consent to sexual intercourse is or may be negated: incapacity to consent, intoxication, persons who are asleep or unconscious, unlawful detention, intimidatory or coercive conduct and abuse of a position of authority or trust, and
  • to provide that a person commits sexual assault if the person has no reasonable grounds for believing that the other person consents to the sexual intercourse.

�View the minister's second reading speech>

Bail Amendment Bill 2007

The object of this Bill is to amend the Bail Act 1978:�

  • to create a presumption against bail in respect of certain serious firearms offences, and
  • to limit the number of applications in relation to bail that may be made to a court by a person accused of an offence, and
  • for statute law revision purposes.

The Bill�was declared agreed to in principle on 7 November. View the agreement in principle debate by Greg Smith MP, shadow attorney general>

Jury Amendment Bill 2007

The Bill was introduced in the Legislative Assembly on 23 October. The object of this Bill, as stated in the explanatory notes,�is to amend the _Jury Act 1977 _to:

  • enable up to 3 additional jurors to be selected for certain criminal trials in the Supreme Court or District Court, and
  • ensure that only 12 members of a jury that is expanded with additional jurors may retire to consider the jury’s verdict.

The Bill passed parliament on 7 November. Greg Smith MP led for the Opposition in the agreement in principle debate. View his speech>

8 November 2007

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