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CRIMES LEGISLATION AMENDMENT (SEXUAL OFFENCES AGAINST CHILDREN) BILL 2010

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Social Inclusion (Senator Stephens)—That this bill be now read a second time.

Debate resumed.

Document: Senator Xenophon, by leave, tabled the following document:

 Crimes Legislation Amendment (Sexual Offences Against Children) Bill 2010—Letter from the Minister for Home Affairs (Mr O'Connor) to Senator Xenophon.

Debate continued.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: Senator Stephens tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

On the motion of Senator Stephens the following amendments, taken together by leave, were agreed to:

 Schedule 1, item 4, page 26 (after line 15), after section 273.2, insert:

  

273.2A Consent to commencement of proceedings where defendant under 18

  (1) Proceedings for an offence against this Division must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.

  (2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

 Schedule 1, item 28, page 50 (after line 6), after section 474.24B, insert:

  

474.24C Consent to commencement of proceedings where defendant under 18

  (1) Proceedings for an offence against this Subdivision must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.


  (2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Moore) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator Stephens the report from the committee was adopted and the bill read a third time.