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Schedule 1—Amendments

Schedule 1 Amendments

   

Criminal Code Act 1995

1  Subsections 360.2(1) and 360.3(1) of the Criminal Code (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 20 years or a fine of 5,000 penalty units, or both.

2  After section 360.3 of the Criminal Code

Insert:

360.3A   Mandatory minimum penalties

             (1)  The court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.

             (2)  Subsection (1) does not apply if it is established on the balance of probabilities that the person was aged under 18 years when the offence was committed.

3  Subsections 361.2(1) and (3) and 361.3(1), (3) and (4) of the Criminal Code (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 20 years or a fine of 5,000 penalty units, or both.

4  After section 361.4 of the Criminal Code

Insert:

361.5   Mandatory minimum penalties

             (1)  The court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.

             (2)  Subsection (1) does not apply if it is established on the balance of probabilities that the person was aged under 18 years when the offence was committed.

5  Application of amendments

The amendments made by items 2 and 4 of this Schedule apply in relation to conduct engaged in at or after the commencement of this Schedule.