Page 4400 - Week 14 - Tuesday, 22 November 2005
New clause 133A.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (11.52): I move amendment No 6 circulated in my name which inserts a new clause 133A [see schedule 2 at page 4465].
The bill retains the sentencing courts’ authority to make ancillary orders such as compensation for damage. For example, the bill currently would lapse these orders if a conviction or a finding of guilt is reversed or set aside. The bill enables reparation orders to be made for expenses incurred as a consequence of an offence or losses caused by theft of property. Rather than place victims in a situation where these orders are made, enforced and then changed, the intention of the government’s amendment is to defer the execution of the orders until the normal appeal periods expire.
Clause 133A defers the effect of ancillary orders and reparation orders until the end of appeal proceedings. This clause also provides the appellate court with the power to give effect to an ancillary order or a reparation order before the appeal proceedings are complete, if justice would be served. If a conviction is set aside or overturned, clause 133A would automatically lapse ancillary orders and reparation orders.
DR FOSKEY (Molonglo) (11.53): I agree with this amendment to the Crimes (Sentencing) Bill, as it appears to make it more logical and administratively based in regard to the most appropriate manner for the courts to deal with and implement ancillary orders.
New clause 133A agreed to.
Remainder of bill, by leave, taken as a whole and agreed to.
Bill, as amended, agreed to.
Crimes (Sentence Administration) Bill 2005
Debate resumed from 30 June 2005, on motion by Mr Stanhope:
That this bill be agreed to in principle.
Question resolved in the affirmative.
Bill agreed to in principle.
Bill, by leave, taken as a whole.