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Legislative Assembly for the ACT: 2018 Week 10 Hansard (20 September) . . Page.. 3898 ..


All these amendments together show that as a government we will keep working to deliver improvements and to keep our laws up to date. SLAB bills are important building blocks in the development of a modern and accessible ACT statute book. I commend the bill to the Assembly.

Debate (on motion by Mr Hanson) adjourned to the next sitting.

Crimes Legislation Amendment Bill 2018

Mr Ramsay, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (11.38): I move:

That this bill be agreed to in principle.

I am pleased to present the Crimes Legislation Amendment Bill 2018 to the Assembly. This bill addresses a number of criminal justice legislation issues, the majority of which have been requested by stakeholders to improve the operation and the efficiency of the justice system.

In summary, the bill will clarify that warrants under the Crimes (Child Sex Offenders) Act 2005 are issued by a magistrate rather than the Magistrates Court; extend the ability to issue warrants to an associate judge of the Supreme Court; extend existing mechanisms for transferring backup and related charges with an indictable matter committed to the Supreme Court; and increase the monetary value of a penalty unit for offences.

Firstly to the amendments to the Crimes (Child Sex Offenders) Act of 2005. Under the current provisions of the act, a police officer above the rank of sergeant is able to apply to the Magistrates Court for a warrant authorising entry to and search of premises occupied by a registered child sex offender.

The distinguishing feature of the warrant application process under the Crimes (Child Sex Offenders) Act 2005 compared with other warrant provisions in the territory legislation is that the power to issue a warrant is vested in the Magistrates Court rather than in a person in their designated capacity as a persona designata. While the function to issue warrants is ordinarily entrusted to judicial officers as designated persons, in the performance of their functions the judicial officer must act personally, detached from the court.

There is a concern that the warrant scheme as constructed may trigger a range of ordinary procedural requirements under the Court Procedures Rules 2006, and that would obviously undermine the purpose of creating a mechanism for police officers to


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