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  • Writer's pictureGeoff Harrison

Assault Retail Worker

Updated: Nov 3, 2023


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Published by Geoff Harrison | 21 September 2023


The offence of Assault Retail Worker was introduced by the Crimes Legislation Amendment (Assaults on Retail Workers) Act 2023 No 11 and was assented to/commenced on 13 July 2023. This offence carries a maximum penalty of 4 years imprisonment compared to common assault which has a maximum penalty of 2 years imprisonment. The offence is a Table 2 offence hence, the offence is dealt with summarily unless the prosecution elect to proceed on indictment.


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CRIMES ACT 1900 - SECT 60G Assault and other action against retail workers

Assault and other action against retail workers


(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a retail worker in the course of the worker's duty, although no actual bodily harm is caused to the worker, commits an offence.

Maximum penalty--imprisonment for 4 years.


(2) A person commits an offence if the person--

(a) assaults a retail worker in the course of the worker's duty, and

(b) by the assault, causes actual bodily harm to the worker.

Maximum penalty--imprisonment for 6 years.


(3) A person commits an offence if the person by any means--

(a) wounds or causes grievous bodily harm to a retail worker in the course of the worker's duty, and

(b) is reckless as to causing actual bodily harm to the retail worker or another person.

Maximum penalty--imprisonment for 11 years.


(4) For this section, an action is taken to be carried out in relation to a retail worker in the course of the worker's duty, even if the worker is not on duty at the time, if the action is carried out as a consequence of, or in retaliation for, actions undertaken by the retail worker in the course of the worker's duty.


60F DEFINITIONS

In this division--

"retail worker" means a person whose duties primarily involve working in an area of a shop open to the public.


"shop" means the whole or a part of a building, place, stall, structure, tent, vehicle or yard in which goods are sold, or offered or exposed for sale, by retail, including by auction.






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