Crimes (Sentencing Procedure)
Amendment Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Crimes (Sentencing Procedure) Act 1999 with
respect to sentencing for crimes committed against public transport workers or
community workers (such as surf life savers).

The Bill makes it clear that the current provision, that makes it a factor of aggravation
in sentencing that the victim was a vulnerable person such as a taxi driver, extends to
a bus driver or other public transport worker.

The Bill also makes it clear that the current provision, that makes it a factor of
aggravation in sentencing that the person was a community worker and the offence
arose because of the victim’s occupation, extends to volunteer community workers
(such as surf life savers) where the offence arose because of the victim’s voluntary
work.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
(Sentencing Procedure) Act 1999 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] and [2] amend section 21A of the Principal Act to give effect to the
amendments mentioned in the Overview relating to aggravating factors in
sentencing.

Schedule 1 [3] makes a related amendment to the Table to Division 1A of Part 4 of
the Principal Act (Standard non-parole periods for certain offences) so that the
clarification with respect to community workers in section 21A extends to the same
description of victims that appears in that Table in relation to murder.

Schedule 1 [4] and [5] amend Schedule 2 to the Principal Act to make transitional
provisions consequent on the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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