Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

CRIMES LEGISLATION AMENDMENT (SEXUAL CRIMES AGAINST CHILDREN AND COMMUNITY PROTECTION MEASURES) BILL 2019

                             2019-2020


   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                             SENATE




CRIMES LEGISLATION AMENDMENT (SEXUAL CRIMES AGAINST
CHILDREN AND COMMUNITY PROTECTION MEASURES) BILL 2019




       SUPPLEMENTARY EXPLANATORY MEMORANDUM


        Amendments to be Moved on Behalf of the Government




                   (Circulated by authority of the
        Attorney-General, the Honourable Christian Porter MP)
AMENDMENTS TO THE TITLE OF BILL 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection
Measures) Bill 2019


(Government)


GENERAL OUTLINE

1.     The purpose of these amendments to the Crimes Legislation Amendment (Sexual
       Crimes Against Children and Community Protection Measures) Bill 2019 ('the Bill')
       and the Explanatory Memorandum to the Bill is to require a review of sentencing
       outcomes for offenders convicted of Commonwealth child sex offences after the
       passage of the Bill.


FINANCIAL IMPACT

2.     Nil.




                                                                                       2
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Crimes Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019


1.     The amendment to the Bill is compatible with the human rights and freedoms
       recognised or declared in the international instruments listed in section 3 of the
       Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

2.     The amendment introduces a new schedule to the Bill. This provides for a review of
       the sentencing outcomes for offenders convicted of Commonwealth child sex
       offenders after the passage of the Bill.

Human rights implications

3.     The amendment will ensure monitoring of sentencing of Commonwealth child sex
       offenders, to ensure it meets community expectations. The measures in the
       amendment are both proportionate and appropriate to address the risks faced by
       children.




                                                                                            3
NOTES ON AMENDMENTS

Amendment 1: Clause 2, page 3 (table item 16)

1.    This amendment provides for the commencement of Schedule 15 the day after the Bill
      receives the Royal Assent.

Amendment 2: Item 2

2.    This amendment provides for a statutory review (a review) to be undertaken of
      sentencing outcomes for offenders convicted of Commonwealth child sex offences in
      the three years following the passage of the Bill.

3.    The review will be undertaken by an appropriately qualified person or persons, who
      the Attorney-General determines should undertake the review.

4.    The review will need to be completed in a set timeframe - a report outlining the
      findings of the review must be provided to the Attorney-General within 12 months
      after the end of the three year period.

5.    The Attorney-General must table the report within 15 sitting days of receipt. It must
      be tabled in both Houses of the Parliament.




                                                                                              4