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Legislative Assembly for the ACT: 2013 Week 03 Hansard (Thursday, 28 February 2013) . . Page.. 928 ..


provide greater clarity for justice stakeholders in applying a number of pieces of legislation including the offence of affray, appeals for automatic disqualification of driver licences and when property offences can be dealt with summarily;

provide consistency among similar property offences in the Crimes Act 1900 and Criminal Code 2002;

improve the ability of the courts to take into account alcohol and drug issues when sentencing;

ensure that the Children’s Court has jurisdiction to hear and decide charges against both an adult and a child or young person where they are jointly charged;

ensure that possession of a controlled pre-cursor offence is enforceable; and

create a new offence of possessing a tablet press.

The bill, we are told, will also strengthen a number of amendments in relation to sexual offences and the giving of evidence in violent and/or sexual offences including:

creating new offences of sexual intercourse and act of indecency with a young person under special care;

bringing the definition of ‘vagina’ for sexual offences into line with other jurisdictions;

ensuring that fellatio is captured in the definition of ‘sexual intercourse’; and

strengthening Sexual Assault Reform Program evidence provisions for giving evidence in sexual and violent offences and the giving of victim impact statements in such cases.

In summary, the opposition believes that this bill does make a number of sensible improvements. We will therefore be supporting it. The Greens have raised an issue in relation to one particular clause. They raised that with us yesterday; I wanted more time to consider that. As a result of that, I understand that other members will be agreeing to adjournment of the detail stage for us to consider that particular clause.

MR RATTENBURY (Molonglo) (10.57): This bill proposes several amendments to ACT legislation with the aim of improving the criminal justice system in the territory. The Greens agree in principle with the majority of these changes. However, as Mr Seselja has touched on, there is one change proposed in the bill that we strongly


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