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Legislative Assembly for the ACT: 2013 Week 14 Hansard (28 November) . . Page.. 4470..


(c) achieve a timely sale;

(d) ensure the successful party has appropriate experience, capacity and integrity to operate a wagering business; and

(e) ensure employee welfare is considered.".

I have spoken to the amendment already; so I will add no further comments.

Amendment agreed to.

Motion, as amended, agreed to.

Crimes Legislation Amendment Bill 2013

Debate resumed from 31 October 2013, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR HANSON (Molonglo—Leader of the Opposition) (5.18): The Liberal opposition will be supporting this bill. It is an omnibus bill that amends nine acts and regulations. Some amendments are minor or technical in nature; others are more substantive. I will comment on the more substantive of the amendments.

Two amendments are made to the Crimes Act 1900. The first is to clarify that, when a police officer issues an infringement notice to a young person for a minor criminal offence, the young person is not regarded as being "under restraint"just because he or she is "in the company of a police officer". Being "under restraint"is only intended in cases where a young person is arrested and taken in for questioning. Under this amendment there would no longer be a requirement on the police officer to contact the young person's parent. This means that police will be able to deal with minor offences quickly and more efficiently, freeing them up to deal with more serious matters. The young person would be given an infringement notice and sent on their way.

The second is to remove the 12-month limitation on starting prosecution action for certain sexual offences. It has retrospective effect for offences committed between 1951 and 1985 for some offences against girls and between 1976 and 1985 for buggery, but not bestiality, and for indecent assault of a male.

In relation to an offence against a girl, a criminal proceeding can only begin if the offender was at least two years older than the victim. In relation to the remaining offences, a criminal proceeding cannot begin unless the prosecution also alleges the offence involved incest or was committed without consent. Power will lay with the courts to deal with prosecutions as they consider appropriate, including ordering a permanent stay on proceedings if sufficient evidence cannot be established.

This latter amendment allows for victims who perhaps were too young or simply could not garner the emotional strength or energy to bring forward a prosecution


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