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Senate

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019

Supplementary Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)
Amendments to be Moved on Behalf of the Government

AMENDMENTS TO THE TITLE OF BILL 2019

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019

(Government)

GENERAL OUTLINE

1. The purpose of these amendments to the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019 ('the Bill') and the Explanatory Memorandum to the Bill is to require a review of sentencing outcomes for offenders convicted of Commonwealth child sex offences after the passage of the Bill.

FINANCIAL IMPACT

2. Nil.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019

1. The amendment to the Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

2. The amendment introduces a new schedule to the Bill. This provides for a review of the sentencing outcomes for offenders convicted of Commonwealth child sex offenders after the passage of the Bill.

Human rights implications

3. The amendment will ensure monitoring of sentencing of Commonwealth child sex offenders, to ensure it meets community expectations. The measures in the amendment are both proportionate and appropriate to address the risks faced by children.

NOTES ON AMENDMENTS

Amendment 1: Clause 2, page 3 (table item 16)

1. This amendment provides for the commencement of Schedule 15 the day after the Bill receives the Royal Assent.

Amendment 2: Item 2

2. This amendment provides for a statutory review (a review) to be undertaken of sentencing outcomes for offenders convicted of Commonwealth child sex offences in the three years following the passage of the Bill.

3. The review will be undertaken by an appropriately qualified person or persons, who the Attorney-General determines should undertake the review.

4. The review will need to be completed in a set timeframe - a report outlining the findings of the review must be provided to the Attorney-General within 12 months after the end of the three year period.

5. The Attorney-General must table the report within 15 sitting days of receipt. It must be tabled in both Houses of the Parliament.


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