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Legislative Assembly for the ACT: Week 9 Hansard (17 August) . . Page.. 3802..


Schedules of amendments

Schedule 1

Criminal Code (Serious Drug Offences) Amendment Bill 2004

Amendments moved by the Attorney-General

1

Proposed new clause 3A

Page 2, line 17-

insert

3A Chapter 5

relocate as chapter 8 and renumber section 425 as section 800

2

Clause 4

Proposed new part 6.8

Page 39, line 6-

insert

Part 6.8 Application of ch 6

641 Uncertainty about when conduct engaged in

(1) This section applies if, in a prosecution for an offence against this chapter or the Drugs of Dependence Act 1989, part 10 as in force at any time before the commencement of this chapter-

(a) it is necessary for the trier of fact to decide when alleged conduct was engaged in by a person; and

(b) the trier of fact is satisfied beyond reasonable doubt that the person engaged in the conduct but is not satisfied beyond reasonable doubt that-

(i) the alleged conduct was engaged in before the commencement of this chapter; or

(ii) the alleged conduct was engaged in on or after the commencement of this chapter.

(2) The alleged conduct is taken to have been engaged in by the person before the commencement of this chapter.

(3) This section expires 5 years after the day it commences.

3

Schedule 1

Proposed new clause 1.47A

Page 53, line 5-

insert

[1.47A] Schedule 1

omit


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