Review of the Crimes Act 1900

What’s this about?

The Department of Communities and Justice, on behalf of the Attorney General, is undertaking a statutory review of Part 4AF of the Crimes Act 1900. The department is seeking submissions on whether: 

• the policy objectives of Part 4AF of the Crimes Act 1900 remain valid
• the terms of Part 4AF of the Crimes Act 1900 remain appropriate for securing those objectives. 

Part 4AF contains section 214A, which provides an offence of damage or disruption to a major facility. This offence prohibits a person from entering, remaining on or near, climbing, jumping from, trespassing on or blocking entry to any part of a major facility if that conduct causes damage to or seriously disrupts or obstructs use of the facility. It contains a maximum penalty of 2 years’ imprisonment. 

Part 4AF was introduced in 2022 by the Roads and Crimes Legislation Amendment Act 2022, which also expanded the offence in section 144G of the Roads Act 1993 to include major roads. Transport for NSW is now reviewing those amendments on behalf of the Minister for Roads, the Minister for Transport and the Minister for Regional Transport and Roads and the department will consider the views of Transport for NSW. Find out more information on the review of section 144G of the Roads Act 1993.

The department will also be considering the impact of the NSW Supreme Court’s decision in Kvelde v State of New South Wales [2023] NSWSC 1560 on section 214A. 

Have your say

Submit your feedback by Thursday 23 May 2024.

You can submit your feedback in 2 ways.

We may publish submissions we receive. If you do not want your submission to be published, please tell us this when you send your comments.