Page 4381 - Week 14 - Tuesday, 22 November 2005

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Tuesday, 22 November 2005

MR SPEAKER (Mr Berry) took the chair at 10.30 am, made a formal recognition that the Assembly was meeting on the lands of the traditional owners, and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory.

Legal Affairs—Standing Committee

Scrutiny report 19

MR STEFANIAK (Ginninderra): I present the following report:

Legal Affairs—Standing Committee (performing the duties of a Scrutiny of Bills and Subordinate Legislation Committee)—Scrutiny Report 19, dated 21 November 2005, together with the relevant minutes of proceedings.

I seek leave to make a brief statement.

Leave granted.

MR STEFANIAK: Scrutiny report 19 contains the committee’s comments on one bill, 12 pieces of subordinate legislation and five government responses. The report was circulated to members when the Assembly was not sitting. I commend the report to the Assembly.

Crimes (Sentencing) Bill 2005

Detail stage

Clause 34.

Debate resumed from 15 November 2005.

MR STEFANIAK (Ginninderra) (10.32): I seek leave to move amendments Nos 13 to 16 circulated in my name together.

Leave granted.

MR STEFANIAK: I move amendments Nos 13 to 16 circulated in my name [see schedule 1 at page 4462]. I draw members’ attention firstly to my amendment in relation to the “if any” provision throughout the government’s bill. As we have already debated the issue and I have lost that amendment, I will say nothing further on that. That would obviously and logically be defeated. However, I draw members’ attention to clauses 14 and 15, referring to clause 34 (1) (d) and (1) (e), in relation to irrelevant considerations in sentencing. Section 34 (1) states: “In deciding how an offender should be sentenced (if at all)…”. I would accept that you are going to keep that wording. It continues:

…a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:

(a) a law that has not commenced;

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