Criminal Code Amendment (Aggravated Burglary) Act 1997

Criminal Code Amendment (Aggravated Burglary) Act 1997

An Act to amend the Criminal Code

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Criminal Code Amendment (Aggravated Burglary) Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Criminal Code is referred to as the Code.

4.    Section 245 amended (Aggravated burglary)

Section 245 of the Code is amended as follows:

(a) by omitting paragraph (a) and substituting the following paragraph:

(a) at the time he or she commits that burglary –

(i) has with him or her any offensive weapon or instrument or any explosive substance; or

(ii) is in company with any other person or persons; or

(iii) the place in relation to which the burglary is committed is being used or is ordinarily used for the purposes of human habitation; or

(b) by inserting in paragraph (b) ", deprives any person of his or her liberty or otherwise assaults any person" after "person";

(c) by inserting in paragraph (b)(ii) "or she" after "he".

[Second reading presentation speech made in:

House of Assembly on 19 MARCH 1997

Legislative Council on 17 APRIL 1997]