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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF REPRESENTATIVES
Presented and read a first
time
Human Rights
(Mandatory Sentencing of Juvenile Offenders) Bill
2000
No. ,
(Mr Beazley)
A Bill
for an Act to implement Australia’s human rights obligations to children
under Articles 37(b) and 40(4) of the Convention on the Rights of the
Child
ISBN: 0642
431086
Contents
A Bill for an Act to implement Australia’s human
rights obligations to children under Articles 37(b) and 40(4) of the Convention
on the Rights of the Child
The Parliament of Australia enacts:
This Act may be cited as the Human Rights (Mandatory Sentencing of
Juvenile Offenders) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
This Act extends to every external Territory.
For the purpose of this Act, a child is a person under 18
years of age.
A law of the Commonwealth, or of a State or of a Territory must not
require a court to sentence a person to imprisonment or detention for an offence
committed as a child.
To avoid doubt, enactments that are contrary to section 5 have no force
or effect as laws of the Commonwealth, or of a State or of a Territory, except
as regards the lawfulness or validity of anything done in accordance with those
laws before the commencement of this Act.
Any child in prison or detention at the commencement of this Act pursuant
to an enactment that is contrary to section 5 must be brought within 28 days
after the day on which this Act commences before the court that sentenced him or
her for re-consideration of the remainder of the sentence in accordance with
this Act. The court has full discretion to vary the sentence if it thinks fit in
all the circumstance of the offender and the offence.