2016-2017-2018

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

Investigation and prosecution measures Bill 2017

ADDENDUM TO THE EXPLANATORY MEMORANDUM

(Circulated by authority of the

Attorney-General, the Honourable Christian Porter MP)

Investigation and Prosecution measures Bill 2017

This addendum responds to concerns raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest 13 of 2017.

general Outline

After paragraph 34, insert:

Part 3 of Schedule 2 of the Bill applies only if the amending Director of Public Prosecutions Amendment (Norfolk Island) Regulations were to be challenged and found to be invalid. Therefore, the retrospective application of Part 3 would only operate to validate anything done under the amending Regulations.

It is considered appropriate to include a provision to this effect as a precaution to avoid any detrimental impact should the amending Regulations be found to be invalid. It is important to ensure the validity of any prosecutions conducted on Norfolk Island in reliance on the amending Regulations. To do otherwise would undermine the effective enforcement of the criminal law during this period. While the risk of invalidity is small, the consequence would be significant for all concerned, not least of all the victims and defendants involved in any prosecutions.

It is important to note that the retrospective application of Part 3 of Schedule 2 of the Bill would not have any detrimental effect on an individual, or change the rights or liabilities of any person subject to prosecution during the period in which the amending Regulations were purportedly in force. The Bill does not in any way change the circumstances under which a person may be found to have committed a criminal act. The provision merely ensures the availability of an effective mechanism for prosecuting such acts.