Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts12. After section 429A of the Principal Act the following section is inserted:
“429AB. (1) A court determining the sentence to be imposed in respect of an offence—
(a) shall have regard to any victim impact statement tendered in respect of the offence; and
(b) shall not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not tendered in respect of the offence.
“(2) The prosecutor shall not tender a victim impact statement to the court unless—
(a) the victim has consented in writing; and
(b) a copy of the statement has been given to the defence.
“(3) The defence may cross-examine the victim about the contents of a victim impact statement.
“(4) In this section—
‘court' means the Supreme Court or the Magistrates Court;
(a) the legal practitioner representing the offender; or
(b) if the offender is not so represented—the offender;
(a) physical injury;
(b) mental injury or emotional suffering (including grief);
(c) pregnancy;
(d) economic loss; and
(e) substantial impairment of rights accorded by law;