Page 4016 - Week 13 - Wednesday, 1 December 2021

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Schedule of amendments

Schedule 1

Justice and Community Safety Legislation Amendment Bill 2021

Amendments moved by the Attorney-General

1

Clause 2 (1)

Page 2, line 8—

insert

• part 7A

2

Clause 2

Page 2, line 15—

insert

(2A) Part 7A (Criminal Code 2002) commences on the day after this Act’s notification day.

3

Clause 3

Page 3, line 8—

insert

• Criminal Code 2002

4

Proposed new part 7A

Page 15, line 7—

insert

Part 7A   Criminal Code 2002 

15A  Mental impairment and criminal responsibility 

  Section 28 (4) and (5) 

substitute

(4) A person is presumed not to have been suffering from a mental impairment that had an effect mentioned in subsection (1).

(5) The presumption is displaced only if it is proved on the balance of probabilities (by the prosecution or defence) that the person was suffering from a mental impairment that had an effect mentioned in subsection (1).

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