139Regulation-making power

139 Regulation-making power The Executive may make regulations for this Act. Schedule offences Schedule 1 Crimes Act 1900 Part 1.1 (see s 61B, def schedule offence) Part 1.1 Crimes Act 1900 item 1 Manslaughter 15 2 Intentionally inflicting grievous bodily harm 19 3 Recklessly inflicting grievous bodily harm 20 4 Wounding 21 5 Assault with intent to commit other offence 22 6 Inflicting actual bodily harm 23 7 Assault occasioning actual bodily harm 24 8 Causing grievous bodily harm 25 9 Common assault 26 10 Acts endangering life etc 27 11 Acts endangering health etc 28 12 Discharging firearm at building or conveyance 28B 13 Threat to kill 30 14 Threat to inflict grievous bodily harm 31 15 Demands accompanied by threats 32 16 Possession of object with intent to kill etc 33 17 Forcible confinement 34 18 Affray 35A 19 Kidnapping 38 20 Money laundering 114B Part 1.2 Criminal Code item 21 Possession etc of property suspected of being proceeds of crime 114C 22 Organised fraud 114D 23 Destroying or damaging property 116 24 Arson 117 Part 1.2 Criminal Code item 1 Robbery 309 2 Aggravated robbery 310 3 Obtaining financial advantage by deception 332 4 General dishonesty 333 5 Conspiracy to defraud 334 6 Blackmail 342 7 Arson 404 8 Threat to cause property damage—fear of death or serious harm 9 Threat to cause property damage 407 10 Trafficking in controlled drug 603 (3), (5), (7) and (8) 11 Manufacturing controlled drug for selling 607 (3) and (5) 12 Manufacturing controlled drug 609 13 Selling controlled precursor for manufacture of controlled drug 14 Manufacturing controlled precursor for manufacture of controlled drug Schedule offences Schedule 1 Criminal Code Part 1.2 item 15 Possessing controlled precursor 612 16 Supplying substance, equipment or instructions for manufacturing controlled drug 17 Possessing substance, equipment or instructions for manufacturing controlled drug 18 Possessing tablet press 614A 19 Cultivating controlled plant for selling 616 (3), (5), (7) and (8) 20 Cultivating controlled plant 618 21 Selling controlled plant 619 (3), (5), (7) and (8) 22 Supplying plant material, equipment or instructions for cultivating controlled plant 23 Possessing plant material, equipment or instructions for cultivating controlled plant 24 Participating in a criminal group 652 25 Participating in a criminal group—causing harm 26 Participating in a criminal group—property damage 27 Recruiting people to engage in criminal activity 28 Threatening etc witness, interpreter, intermediary or juror 29 Threatening etc participant in criminal investigation 709A 30 Preventing attendance etc of witness, interpreter, intermediary or juror 31 Preventing production of thing in evidence 711 Part 1.3 Drugs of Dependence Act 1989 item 32 Reprisal against person involved in proceeding 33 Perverting the course of justice 713 34 Accessory after the fact 717 Part 1.3 Drugs of Dependence Act 1989 item 1 Sale or supply 164 Part 1.4 Firearms Act 1996 item 1 Offence—unauthorised possession or use of prohibited firearms 2 Offence—unauthorised possession or use of firearms other than prohibited firearms 3 Offence—contravention of condition by licensee etc 4 Offences—trafficking firearms 220 5 Offence—unlawful disposal of firearms 226 6 Offence—unlawful acquisition of firearms 227 (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • administrative unit • adult • corrections officer • director-general (see s 163) • director of public prosecutions • doctor • entity • found guilty • head of service • law (of the Territory) • lawyer • Magistrates Court • may (see s 146) • must (see s 146) • oath • police officer • road transport authority • sentence administration board • statutory office-holder • Supreme Court • territory authority • victims of crime commissioner • working day. accommodation order—see section 133Y. additional offence, for part 4.4 (Taking additional offences into assessor— (a) for part 4.2 (Pre-sentence reports)—see section 39A; and (b) for part 4.2A (Intensive correction assessments)—see section 46A; and (c) for part 4.2B (Drug and alcohol treatment assessments)—see section 46H; and (d) for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XG (3). at, in relation to a correctional centre or detention place, includes in the correctional centre or detention place. bail condition—see the Bail Act 1992, dictionary. because of, an offence, for part 4.3 (Victim impact statements)—see section 47. combination sentence—see section 29 (1) (Combination sentences— offences punishable by imprisonment) and section 30 (1) (Combination sentences—offences punishable by fine). community service condition— (a) of a good behaviour order for an offender, for this Act generally—see section 85; and (b) of an intensive correction order for an offender, for division 5.4.2 (Intensive correction orders—community service conditions)—see section 80A. community service work—see the Crimes (Sentence Administration) Act 2005, section 316. controlled drug means a controlled drug under the Criminal Code, chapter 6 (Serious drug offences). core conditions— (a) of a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80Y; and (b) of a therapeutic correction order, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XN (1). correctional centre means— (a) a correctional centre under the Corrections Management Act 2007; or (b) a NSW correctional centre. court— (a) for this Act generally, if a court has sentenced an offender, made an order or given a direction—means the same court, however constituted; and (b) for part 4.2B (Drug and alcohol treatment assessments) and part 5.4A (Drug and alcohol treatment orders)—means the Supreme Court; and (c) for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B. criminal group, for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61C. criminal intelligence, for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B. custodial part, of a treatment order—see section 80W. CYP director-general means the director-general responsible for the Children and Young People Act 2008. deferred sentence obligations, for an offender—see section 120. deferred sentence order—see section 27 (2). detention place means a detention place under the Children and Young People Act 2008. driver licence disqualification order—see section 16 (2). drug and alcohol treatment assessment—see section 46J. drug and alcohol treatment order—see section 12A. education and training condition—see section 133N. existing sentence, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1). family violence offence—see the Family Violence Act 2016, dictionary. fine, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 69. fine order—see section 14 (2). good behaviour order—see section 13 (2). harm, for part 4.3 (Victim impact statements)—see section 47. health director-general means the director-general responsible for the Health Records (Privacy and Access) Act 1997. intensive correction means intensive correction in the community under an intensive correction order. intensive correction assessment means an assessment prepared under part 4.2A by the director-general about whether an intensive correction order is suitable for an offender. intensive correction order—see section 11. list of additional offences, for part 4.4 (Taking additional offences into account)—see section 55. member— (a) in relation to the treatment and supervision team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M; and (b) in relation to the treatment order team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M. non-association order—see section 21. non-conviction order—see section 17 (2). nonparole period, for a sentence of imprisonment— (a) see section 65 (2) (Nonparole periods—court to set); and (b) if the nonparole period of the sentence is amended—means the nonparole period as amended. offender—see section 8. parole order—see the Crimes (Sentence Administration) Act 2005, section 117. place restriction order—see section 21. pre-sentence report means a report— (a) for use in a criminal proceeding; and (b) prepared by the director-general. pre-sentence report matter— (a) for part 4.2 (Pre-sentence reports)—see section 40A; and (b) for a young offender—see section 133E. primary sentence, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1). primary victim, for part 4.3 (Victim impact statements)—see section 47, definition of victim, paragraph (a). principal offence, for part 4.4 (Taking additional offences into probation condition, of a good behaviour order for an offender, means a condition included in the order that, during the period of the order, or for a part of that period stated in the order, the offender is— (a) to be on probation subject to the supervision of a person appointed under the order; and (b) to obey all reasonable directions of the appointed person. Example of directions for par (b) that the offender comply with a condition mentioned in section 13 (4) (g), examples, even if the condition is not a condition of the order rehabilitation program— (a) for a good behaviour order, for this Act generally—see section 93; and (b) for an intensive correction order, for division 5.4.3 (Intensive correction orders—rehabilitation program conditions)—see section 80G. rehabilitation program condition— (a) of a good behaviour order for an offender, for this Act generally—see section 93; and (b) of an intensive correction order for an offender, for division 5.4.3 (Intensive correction orders—rehabilitation program conditions)—see section 80G. reparation order means an order under— (a) section 19 (3) (Reparation orders—losses and expenses generally); or (b) section 20 (3) or (4) (Reparation orders—stolen property). schedule offence, for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B. sentence means— (a) when used as a noun—the penalty imposed for an offence; or (b) when used as a verb—to impose a penalty for an offence. sentence of imprisonment includes— (a) a sentence of imprisonment that has been imposed but is yet to start; and (b) a combination sentence that imposes a penalty of imprisonment together with another penalty. sentence-related order, for part 4.4 (Taking additional offences into sentencing court— (a) for part 8.2 (Deferred sentence orders—supervision) and part 8.3 (Deferred sentence orders—amendment or cancellation)—see section 123; and (b) for a young offender subject to a therapeutic correction order, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XA. supervision condition—see section 133U. surety, for a good behaviour order for an offender, means a person other than the offender who gives security for complying with the suspended sentence order—see section 12 (2). term—if the term of a sentence is amended under the Crimes (Sentence Administration) Act 2005, the term of the sentence as therapeutic correction assessment, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XG (2) (a) (i). therapeutic correction conditions, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XO (1). therapeutic correction obligations, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XD. therapeutic correction order, for part 8A.2A (Young offenders— therapeutic correction orders)—see section 133XB (2). therapeutic correction plan, for part 8A.2A (Young offenders— therapeutic correction orders)—see section 133XJ (1). therapeutic correction team, for part 8A.2A (Young offenders— therapeutic correction orders)—see section 133XA. treatment and supervision part, of a treatment order—see section 80X. treatment and supervision team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M. treatment order, means a drug and alcohol treatment order. treatment order obligations, of an offender subject to a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80P. treatment order team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M. treatment program, for part 5.4A (Drug and alcohol treatment orders)—see section 80Z. treatment program conditions, of a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80Z. victim, of an offence, for part 4.3 (Victim impact statements)—see section 47. victim impact statement, for an offence, for part 4.3 (Victim impact statements)—see section 47. young offender—see section 133B. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Crimes (Sentencing) Act 2005 A2005-58 notified LR 2 December 2005 s 1, s 2 commenced 2 December 2005 (LA s 75 (1)) remainder commenced 2 June 2006 (s 2 and LA s 79) as amended by Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.11 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.11 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) as modified by Crimes (Sentencing) Regulation 2006 SL2006-22 sch 1 (as am by SL2006-25 s 8) taken to have been notified LR 18 May 2006 (A2006-23, s 4 (3) (a)) s 1 taken to have commenced 18 May 2006 (LA s 75 (1)) sch 1 commenced 2 June 2006 (A2006-23 s 4 (3) (b) and see Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Crimes (Sentencing) Amendment Regulation 2006 (No 1) SL2006-25 s 8 notified LR 1 June 2006 s 1, s 2 commenced 1 June 2006 (LA s 75 (1)) s 8 commenced 2 June 2006 (s 2 and see Crimes (Sentencing) Act