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Criminal Code Amendment (Application) Bill 1999

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1999

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

CRIMINAL CODE AMENDMENT

 

(APPLICATION) BILL 1999

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Justice and Customs,

Senator The Honourable Amanda Vanstone)

 

 



CRIMINAL CODE AMENDMENT

 

(APPLICATION) BILL 1999

 

GENERAL OUTLINE

 

The Bill repeals and replaces subsection 2.2(2) of the Criminal Code Act 1995 .  Section 2.2(2) provides for the application of Chapter 2 to all criminal offences under Commonwealth law on the day occurring 5 years after the day on which the Criminal Code Act 1995 receives Royal Assent.  Royal Assent was given on 15 March 1995, and accordingly Chapter 2 will apply to all offences under Commonwealth law on 16 March 2000.  Chapter 2 contains the Criminal Code general principles of criminal responsibility.

 

The effect of the Bill is to alter the date on which Chapter 2 will apply to all Commonwealth offences.  The Bill stipulates that such application will occur on and after 15 December 2001.

 

FINANCIAL IMPACT STATEMENT

 

The Bill is expected to have no impact on Commonwealth expenditure or revenue. Failure to enact the Bill could increase the cost of prosecuting offences.

 

 



NOTES ON CLAUSES

 

Clause 1

 

This contains the short title to the Bill.

 

Clause 2

 

This clause would allow the amendment to commence on the day it receives Royal Assent. 

 

Clause 3

 

The Criminal Code is in a schedule of the Criminal Code Act 1995.  Clause 3 contains a schedule which would amend the Criminal Code. 

 

Item 1 of the schedule would repeal subsection 2.2(2) of the Criminal Code and replace it with a provision that provides on and after 15 December 2001, Chapter 2 of the Criminal Code will apply to all other offences.

 

Subsection 2.2(2) provides that on and after the day occurring 5 years after the day on which the Criminal Code Act 1995 receives Royal Assent, Chapter 2 (which contains the general principles of criminal responsibility) will apply to all other offences. This means that under this subsection Chapter 2 would apply to all offences on 16 March, 2000.

 

The replacement provision will provide a 20 month extension which would allow further adjustments to be made to offences to enable them to operate appropriately once the Criminal Code applies to them. If the Criminal Code applied to all offences on 16 March 2000, many would be harder to prosecute because it will not be possible to adjust all of them before that date.