Criminal Code Amendment (Abolition of Defence of Provocation) Act 2003


Tasmanian Crest
Criminal Code Amendment (Abolition of Defence of Provocation) Act 2003

An Act to amend the Criminal Code Act 1924

[Royal Assent 9 May 2003]

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 (Abolition of Defence of Provocation) Act 2003 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Criminal Code Act 1924 is referred to as the Principal Act.

4.   Schedule 1 amended (Criminal Code)

Schedule 1 to the Principal Act is amended as follows:
(a) by omitting from section 157(1) "Subject to the provisions of section 160, culpable" and substituting "Culpable";
(b) by omitting section 160.

5.   Transitional

(1)  This Act does not apply to criminal proceedings that began before the commencement of this Act.
(2)  For the purposes of subsection (1) , criminal proceedings are taken to have begun if the accused person has been called upon to plead.

[Second reading presentation speech made in:

House of Assembly on 20 MARCH 2003

Legislative Council on 27 MARCH 2003]