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2014
LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL TERRITORY
CRIMES AMENDMENT
BILL 2014
EXPLANATORY
STATEMENT
Presented by
Simon Corbell MLA
Attorney-General
Purpose of the Bill
The Crimes Amendment Bill 2014
provides an amendment to support the Supreme Court’s power to consider
inquiry reports under the Crimes Act 1900.
In summary the Bill will:
• Repeal section 431 of the Crimes Act 1900; and
• Introduce a transitional provision which will ensure that the repeal
of section 431 applies to the Supreme Court’s consideration of reports
already delivered by an inquiry board at the time this Bill is
introduced.
Human Rights Considerations
The
Crimes Amendment Bill 2014 engages the right to a fair trial and/or rights under
criminal proceedings (sections 21 and 22) the ACTs Human Rights Act 2004
(the Human Rights Act)
The repeal of section 431 supports the right
to a fair trial and/or rights in criminal proceedings by clarifying that, in
considering a report of an inquiry board and making an order in relation to a
conviction, the Court is able to consider matters, take evidence and hear
submissions in accordance with its usual practice.
Crimes Legislation Amendment Bill 2014
Clause 1 — Name of Act
This is a technical clause that
names the short title of the Act. The name of the Act would be the Crimes
Amendment Act 2014.
Clause 2— Commencement
This clause
commences the Act on the day the bill for the Act is presented to the
Legislative Assembly.
Clause 3— Legislation amended
This
clause identifies the legislation amended by the Act.
Clause 4 –
Repeal, section 431
This clause repeals section 431. Section 431
provides that consideration of “whether to make an order” in
relation to a report of a board of inquiry is not a judicial proceeding and
places some limitations on the Court considering matters, taking evidence and
hearing submissions in considering whether to make an order about an inquiry
report. Section 429 allows the Court to make an order in relation to
publication of the report. Section 430 requires that Court to make an order in
relation to the conviction to which the report relates. This repeal eliminates
any confusion in the legislation about the scope or application of those
limitations and removes statements about the nature of the Court’s
function in making a decision about a report.
Clause 5 – New
section 620
Section 620 is a transitional provision that clarifies the
application of the repeal of section 431 to proceedings that commenced
immediately before the repeal. Under section 620, the repeal of section 431 will
apply to a report of a board of inquiry if, immediately before the commencement
of the Bill, the Full Court had considered, or had started considering a report,
whether or not it had made an order under section 430 (2).