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This is a Bill, not an Act. For current law, see the Acts databases.
CRIMES AMENDMENT (FAIRNESS FOR MINORS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Crimes Amendment (Fairness for
Minors) Bill 2011
No. , 2011
(Senator Hanson-Young)
A Bill for an Act to amend the Crimes Act 1914, and
for related purposes
i Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Crimes Act 1914
3
Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Crimes Act 1914, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Crimes Amendment (Fairness for
5
Minors) Act 2011.
6
2 Commencement
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This Act commences on the day this Act receives the Royal
8
Assent.
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2 Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Crimes Act 1914
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1 Subsection 3ZQA(2)
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Omit ", which may include the taking of an X-ray of a part of a person's
5
body,".
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2 After subsection 3ZQA(2)
7
Insert:
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(2A) Despite subsection (2), the regulations must not specify the taking
9
of an X-ray of a part of a person's body as a prescribed procedure
10
for determining a person's age.
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(2B) If, immediately before the time this subsection commences,
12
regulations are in force which specify the taking of an X-ray of a
13
part of a person's body as a prescribed procedure for determining a
14
person's age, they cease to be in force on and after that
15
commencement.
16
3 After Subdivision A of Division 4A of Part 1AA
17
Insert:
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Subdivision AA--Time limits on determining age in certain
19
circumstances
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3ZQAA Time limit on determining age in certain circumstances
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(1) This section applies in relation to a person if the person:
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(a) is a non-citizen (within the meaning of the Migration Act
23
1958); and
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(b) is suspected of committing an offence against Subdivision A
25
of Division 12 of Part 2 of the Migration Act 1958; and
26
(c) claims to have been under the age of 18 years at the time of
27
the alleged commission of the offence; and
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(d) has been taken into immigration detention (within the
29
meaning of the Migration Act 1958).
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Schedule 1 Amendments
4 Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011
(2) The person is taken, for the purposes of criminal proceedings
1
(including bail, committal, trial, sentencing and appeal
2
proceedings) in relation to the offence, to have been under the age
3
of 18 years at the time of the alleged commission of the offence
4
unless a magistrate orders, on application by an investigating
5
official, that the person was 18 years or over at the time of the
6
alleged commission of the offence.
7
(3) An application to a magistrate by an investigating official for the
8
purposes of subsection (2) can only be made within 30 days after
9
the person is taken into immigration detention (within the meaning
10
of the Migration Act 1958).
11
(4) Before making an order under subsection (2), the magistrate must
12
be satisfied, on the balance of probabilities, that on the evidence
13
before the magistrate the person was 18 years or over at the time of
14
the alleged commission of the offence.
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(5) Without limiting subsection (4), the evidence may include birth
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certificates, affidavits from family members of the person, school
17
records and medical records.
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(6) To avoid doubt, for the purposes of subsection (1), this section
19
applies to a person even if the person is no longer in immigration
20
detention (within the meaning of the Migration Act 1958).
21
4 Section 15
22
Before "Where a person", insert "(1)".
23
5 At the end of section 15
24
Add:
25
(2)
If:
26
(a) a person is charged with an offence against Subdivision A of
27
Division 12 of Part 2 of the Migration Act 1958; and
28
(b) the person is a non-citizen (within the meaning of that Act);
29
and
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(c) the person either:
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(i) was under the age of 18 years at the time of the alleged
32
commission of the offence; or
33
(ii) claims to have been under the age of 18 years at the
34
time of the alleged commission of the offence and a
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Amendments Schedule 1
Crimes Amendment (Fairness for Minors) Bill 2011 No. , 2011 5
magistrate has not ordered under subsection 3ZQAA(2)
1
that the person is aged 18 years or over; and
2
(d) the person is remanded under paragraph (1)(a);
3
the person must be remanded in a youth justice facility.
4
6 After section 15B
5
Insert:
6
15BA Time limit for bringing people smuggling charges in certain
7
circumstances
8
(1) This section applies in relation to a person if the person:
9
(a) is a non-citizen (within the meaning of the Migration Act
10
1958); and
11
(b) is suspected of committing an offence against Subdivision A
12
of Division 12 of Part 2 of the Migration Act 1958; and
13
(c) is, or claims to be, under the age of 18 years; and
14
(d) has been taken into immigration detention (within the
15
meaning of the Migration Act 1958).
16
(2) A charge for an offence against Subdivision A of Division 12 of
17
Part 2 of the Migration Act 1958 can only be brought against the
18
person within 14 days after the person is taken into immigration
19
detention.
20
7 Application of amendments
21
(1)
The amendments made by items 1 and 2 apply in relation to
22
determining a person's age on or after the commencement of this
23
Schedule.
24
(2)
The amendments made by items 3 and 6 apply in relation to
25
non-citizens taken into immigration detention (within the meaning of
26
the Migration Act 1958) on or after the commencement of this
27
Schedule.
28
(3)
The amendments made by items 4 and 5 apply in relation to defendants
29
remanded on or after the commencement of this Schedule.
30