House of Representatives

Second Reading Speech

Dr Kemp (Minister for Education, Training and Youth Affairs and Minister Assisting the Prime Minister for the Public Service)

I move:

That the bill be now read a second time.

The Education, Training and Youth Affairs Legislation Amendment (Application of Criminal Code) Bill 2001 amends legislation in the Education, Training and Youth Affairs portfolio to harmonise existing criminal offence provisions with chapter 2 of the criminal code.

It is one of a series of government bills designed to apply the criminal code on a portfolio-by-portfolio basis.

Chapter 2 of the criminal code, contained in the Criminal Code Act 1995, establishes the general principles of criminal responsibility. It provides a standard approach to the formulation of Commonwealth criminal offences. The criminal code will apply to offences against a law of the Commonwealth from 15 December 2001.

Some offence provisions in my portfolio's legislation predate the criminal code and there is a possibility that the application of the code will change their meaning and operation.

The purpose of the bill is to make all the necessary amendments to offence provisions to ensure compliance and consistency with the general principles of the criminal code.

Specifically the bill will amend offence provisions in the Higher Education Funding Act 1988 and the Student Assistance Act 1973. However, the offence provisions, as amended by the bill, will not change in operation or meaning.

The bill harmonises offence provisions in Education, Training and Youth Affairs legislation in several ways.

Firstly, the bill makes it clear that the criminal code applies to offence provisions within the portfolio legislation.

Secondly, the bill clarifies the physical and fault elements of offences. This will improve the efficient and fair prosecution of offences.

Thirdly, the bill amends my portfolio's legislation to remove unnecessary duplication of the general offence provisions in the criminal code.

Finally, the bill amends certain offence provisions to expressly provide that they are offences of strict liability - that is, an offence where the prosecution does not need to prove any fault on the part of the defendant. If an offence is not expressly stated to be one of strict liability, then the prosecution will be required to prove fault in relation to the physical elements of the offence. The amendments in the bill are necessary to ensure that the strict liability nature of certain offence provisions is not lost after the application of the criminal code. Without these amendments, the offences would become more difficult for the prosecution to prove and perhaps unenforceable.

I would like to emphasise that the bill does not create any new strict liability offences.

The criminal code is a significant step in the reform of our system of justice, and the harmonisation process will bring greater consistency and clarity to Commonwealth criminal law. It is important that the amendments in the bill are made prior to 15 December 2001 to ensure that there is a seamless transition.

I look forward to the bill receiving the support of the opposition.

I commend the bill to the House and present the explanatory memorandum.

Debate (on motion by Mr Lee) adjourned.