1732

 

1998-1999-2000

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

 

Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999

 

 

 

(Amendments to be moved by Senator Harradine in committee of the whole)

 

(1)     Clauses 3 to 7, page 2 (lines 4 to 26), omit the clauses, substitute:

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

[machinery provision]

(2)     Page 2 (after line 26), at the end of the Bill, add:

Schedule 1—Amendment of the Northern Territory (Self-Government) Act 1978

1  After section 50A

Insert:

50B  Laws concerning mandatory imprisonment

                   The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws creating a mandatory sentence of detention or imprisonment.

2  Application

For the avoidance of doubt, the enactments of the Legislative Assembly contained in Division 3 of Part VI of the Juvenile Justice Act 1995 and section 78A of the Sentencing Act 1995 have no force or effect as laws of the Territory, except as regards the lawfulness or validity of anything done in accordance therewith, before the commencement of this Act.

[section 50A—compulsory imprisonment]

(3)     Title, page 1 (lines 1 to 4), omit “ implement Australia’s human rights obligations to children under Articles 37(b) and 40(4) of the Convention or the Rights of the Child ”, substitute “remove the power of the Northern Territory Legislative Assembly to make laws for mandatory detention and imprisonment” .

[Title]