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CRIMES AMENDMENT BILL 1994 [1995]

Order of the day read for the consideration of the bill in committee of

the whole.

In the committee

Bill, taken as a whole by leave, debated.

On the motion of the Minister for the Environment, Sport and

Territories(Senator Faulkner) the following amendments, taken together

by leave, were debated and agreed to:

Clause 6, line 3 (page 3) to line 15 (page 4), omit the clause.

Clause 9, page 4, lines 22 and 23, omit the clause, substitute the

following clause:

Repeal of sections 86 and 86A and substitution of new section

"9. Sections 86 and 86A of the Principal Act are repealed and the

following section is substituted:

Conspiracy

"86.(1) A person who conspires with another person to commit an

offence against a law of the Commonwealth punishable by imprisonment

for more than 12 months, or by a fine of 200 penalty units or more, is

guilty of the offence of conspiracy to commit that offence and is

punishable as if the offence to which the conspiracy relates had been

committed.

"(2) Despite subsection (1), if the person conspires with another

person to commit an offence against section 29D of this Act, the

conspiracy is punishable by a fine not exceeding 2,000 penalty units,

or imprisonment for a period not exceeding 20 years, or both.

Note: Penalty units are defined in section 4AA.

"(3) For the person to be guilty:

(a) the person must have entered into an agreement with one or more

other persons; and

(b) the person and at least one other party to the agreement must

have intended that an offence would be committed pursuant to the

agreement; and

(c) the person or at least one other party to the agreement must

have committed an overt act pursuant to the agreement.

"(4) A person may be found guilty of conspiracy to commit an offence

even if:

(a) committing the offence is impossible; or

(b) the only other party to the agreement is a body corporate; or

(c) each other party to the agreement is at least one of the

following:

(i) a person who is not criminally responsible;

(ii) a person for whose benefit or protection the offence

exists; or

(d) subject to paragraph (5)(a), all other parties to the agreement

have been acquitted of the conspiracy.

"(5) A person cannot be found guilty of conspiracy to commit an

offence if:

(a) all other parties to the agreement have been acquitted of the

conspiracy and a finding of guilt would be inconsistent with

their acquittal; or

(b) he or she is a person for whose benefit or protection the

offence exists.

"(6) A person cannot be found guilty of conspiracy to commit an

offence if, before the commission of an overt act pursuant to the

agreement, the person:

(a) withdrew from the agreement; and

(b) took all reasonable steps to prevent the commission of the

offence.

"(7) A court may dismiss a charge of conspiracy if it thinks that the

interests of justice require it to do so.

"(8) Any defences, procedures, limitations or qualifying provisions

that apply to an offence apply also to the offence of conspiracy to

commit that offence.

"(9) Proceedings for an offence of conspiracy must not be commenced

without the consent of the Director of Public Prosecutions. However, a

person may be arrested for, charged with, or remanded in custody or on

bail in connection with, an offence of conspiracy before the necessary

consent has been given.

"(10) In any law of the Commonwealth:

(a) a reference to paragraph 86(1)(a) of this Act is taken to be a

reference to subsection (1) of this section; and

(b) a reference to the application of subsection (1) of this section

because of or by virtue of paragraph 86(1)(a) of this Act is

taken to be a reference to subsection (1) of this section; and

(c) a reference to section 86A of this Act is taken to be a

reference to subsection (2) of this section.'.".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator McGauran) resumed the Chair and the

Chairman of Committees (Senator Crichton-Browne) reported accordingly.

On the motion of the Minister for Industry, Science and Technology

(Senator Cook) the report from the committee was adopted and the bill

read a third time.