Table Of ContentLEXISNEXIS ANNOTATED ACTS
ANNOTATED CRIMINAL
LEGISLATION NEW SOUTH
WALES
2016–2017 EDITION
Legislation current as at 8 September 2016
LEXISNEXIS ANNOTATED ACTS
ANNOTATED CRIMINAL
LEGISLATION NEW SOUTH
WALES
RODERICK N HOWIE QC
BA LLM (Hons)
A former Justice of the Supreme Court of New South Wales
PETER A JOHNSON
BA LLM
A Judge of the Supreme Court of New South Wales
2016–2017 EDITION
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Introduction
This volume of LexisNexis Annotated Acts provides practitioners and
students with a guide to criminal legislation in New South Wales.
Reproduced are the Criminal Procedure Act 1986, the Criminal Procedure
Regulation 2010, the Crimes (Sentencing Procedure) Act 1999, the Crimes
(Sentencing Procedure) Regulation 2010, the Crimes Act 1900, the Crimes
Regulation 2015, the Crimes (Domestic and Personal Violence) Act 2007, the
Crimes (High Risk Offenders) Act 2006, the Bail Act 2013, the Drug Misuse
and Trafficking Act 1985, the Drug Misuse and Trafficking Regulation 2011,
the Summary Offences Act 1988, the Summary Offences Regulation 2015,
the Crimes (Forensic Procedures) Act 2000, the Crimes (Forensic
Procedures) Regulation 2014, the Law Enforcement (Powers and
Responsibilities) Act 2002 and the Law Enforcement (Powers and
Responsibilities) Regulation 2016 — all legislation is annotated with
comprehensive and detailed commentary. This volume also includes proof
material for the Crimes Act 1900, the Drug Misuse and Trafficking Act 1985
and the Summary Offences Act 1988. Each set of proof material has been
relocated from the end of the volume to follow the section to which it relates.
Currency of legislation
The legislation reflects the law as amended to 7 October 2016.
Publisher’s note
Legislation
The publisher, authors, contributors and endorsers of this publication each
excludes liability for loss suffered by any person resulting in any way from
the use of, or reliance on, this publication.
The publisher gratefully acknowledges permission to reprint the Law Part
Codes in relevant sections of legislation in this service from the Lawcodes
database, available through the Judicial Commission of New South Wales.
© LexisNexis. The legislation reproduced in this work does not purport to be
an official or authorised version.
Cross references
The text of this book has been extracted from the four-volume looseleaf
service Criminal Practice and Procedure New South Wales by Roderick N
Howie QC and Justice Peter A Johnson, and broadly follows the internal
arrangement of the looseleaf service. This book therefore contains cross-
references to other areas of the looseleaf service which have not been
extracted. When this occurs, reference should be made to Criminal Practice
and Procedure New South Wales.
The commentary and proof material contain:
internal cross-references to paragraphs of the Acts and Regulations
and to other paragraphs in the volume where the same or related
issues are discussed in more detail and in other contexts;
cross-references to cases, other Acts and Regulations and other
publications dealing with aspects of the issues under discussion.
Features of this Book
Legislation tabs
This edition includes a Quick Reference Directory and grey shaded tabs on
the side of the legislation, which have been added to facilitate quick and easy
access to information.
Index
The index locates references to given topics in all the legislation published.
Running heads
Running heads at the top of each page indicate the section and paragraph
number of the legislation as set out on each page as follows:
Left page: s 1 ANNOTATED CRIMINAL [2-s 1]
LEGISLATION NSW 2015/2016
Right page: [2-s 1] CRIMINAL PROCEDURE ACT 1986 s 1
Paragraph numbers
The text in this book has been extracted from the looseleaf service
Criminal Practice and Procedure New South Wales. Hence the paragraph
numbers appear as they do in the looseleaf publication.
Commentary
The Acts and Regulations have been annotated by R N Howie and P A
Johnson and provide authoritative and comprehensive commentary to key
pieces of legislation.
General commentary on a section of the Act
General commentary on a given section of the Act is located at the end of
the section. This provides an overview of the section and links the topic
under discussion to related areas. It also describes the background and
purpose of the legislation, outlining the structure and general operation of the
section.
Detailed commentary on a subsection of the Act
Where relevant, detailed commentary on a subsection follows the general
commentary.
How to find commentary on a particular topic
Information within the commentary can be researched according to the
topic, case law or provision of the legislation by using the:
Table of Contents
This table appears at page vii.
Table of Cases
This table appears at page xix.
Index
The index appears at page 2051.
Tables of Provisions
Located before the Acts and Regulations, the tables show the division of
the legislation into parts, divisions and subdivisions, and include the title of
every section or regulation. This is a convenient starting point if you need an
overview of the structure of the legislation to find commentary on a particular
topic.
Legislative histories
To find out the full name and date of assent and commencement of an
amending Act, or the number and date of gazettal and commencement of an
amending Rule, turn to the relevant Table of Amendments in front of the Act
or Regulations. The Table of Amendments gives a list of amendments to the
legislation.
Historical notes
Where a section or subsection, regulation or schedule has been amended,
an historical note compiled by the editor has been inserted in square brackets,
in small typeface, immediately beneath the provision. This note details the
