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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-29 Daily Xml
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CRIMINAL LAW (SENTENCING) (SUSPENDED SENTENCES) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 2, line 18 [clause 4(2), inserted subsection (2b)]—Delete 'either' and substitute 'any'

No. 2. Clause 4, page 2, line 20 [clause 4(2), inserted subsection (2b)(a)]—After 'crime offence' insert:

or specified offence against police

No. 3. Clause 4, page 3, line 2 [clause 4(2), inserted subsection (2b)(b)]—Delete '3 year period' and substitute '5 year period'

No. 4. Clause 4, page 3, line 10 [clause 4(2), inserted subsection (2ba)(a)]—After 'serious and organised crime offence' insert:

or specified offence against police

No. 5. Clause 4, page 3, lines 15 and 16 [clause 4(2), inserted subsection (2ba)(b)]—After 'serious and organised crime offence' insert:

or specified offence against police

No. 6. Clause 4, page 3, after line 26 [clause 4(3), inserted subsection (4)]—After paragraph (c) insert:

(ca) an offence under section 19AC;

No. 7. Clause 4, page 3, after line 32 [clause 4(3), inserted subsection (4)]—After paragraph (i) insert:

(ia) an offence under section 170;

No. 8. Clause 4, page 4, after line 14 [clause 4(3), inserted subsection (4)]—After the definition of serious and organised crime offence insert:

specified offence against police means—

(a) an aggravated offence under section 23(1) or 23(3) of the Criminal Law Consolidation Act 1935 where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(c) of that Act and the victim is a police officer; or

(b) an offence of attempted murder or attempted manslaughter under the Criminal Law Consolidation Act 1935 where the victim is a police officer and the offender committed the offence—

(i) knowing the victim to be acting in the course of his or her official duty; or

(ii) in retribution for something the offender knows or believes to have been done by the victim in the course of his or her official duty.

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

I just wanted to indicate, very briefly, that there were some moderate changes made to this legislation in the Legislative Council. Predominantly, they deal with giving additional protection to police officers who might be injured or assaulted, or whatever, in the course of their duties. I wish to indicate that the government intends to accept these proposed amendments. I can also say that we are pleased that the legislation with these amendments will now pass the parliament; it has been a matter of concern to me for some time and it is great to have some progress in this area. So, I thank all members in both houses for their constructive contributions.

Ms CHAPMAN: The opposition accepts the amendments as scheduled from the Legislative Council. We thank the members of the Legislative Council for their consideration of this legislation and the helpful amendments which they have presented. We note and acknowledge the government's acceptance of those. Obviously, it is important to, as best we can, recognise the aggravating circumstances when the victim is a police officer, and the redefining of a specified offence against police and the other amendments are welcomed by the opposition.

Motion carried.

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