2011

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

                                      				SERIAL NO. 173  

						EXPLANATORY STATEMENT

			CRIMINAL JUSTICE LEGISLATION AMENDMENT BILL 2011

GENERAL OUTLINE

This Bill amends a range of criminal justice legislation within the Justice and Police portfolios, namely the Bail Act, the Criminal Code, the Juries Act, the Parole of Prisoners Act and the Child Protection (Offender Reporting and Registration) Act

The purposes of the Bill are to rectify a number of procedural and technical problems with the operation of the amended Acts, correct errors or uncertainty caused by the legislation, and to increase maximum penalties in the Child Protection (Offender Reporting and Registration) Act to enhance the deterrence effect of these provisions. 

Principally, the Bill amends:

(a)	the Criminal Code by repealing section 42 which currently provides an excuse from criminal liability for property damage offences committed by either a husband or wife, to the other. This repeal of this section reflects modern community standards and is consistent with all other jurisdictions;
(b)	section 33 of the Bail Act so that it is clear that magistrates can review police bail decisions;
(c)	section 11(2) of the Juries Act to raise the age of persons who may opt to permanently exempt themselves from jury service from 65 years to 70 years. This is a necessary change to ensure the eligible jury pool remains at a sustainable level in the Northern Territory; and
(d)	sections 19A, 48, 49, 83 and 92 of the Child Protection (Offender Reporting and Registration) Act to increase the maximum penalty for offenders who breach these provisions from two years imprisonment to five years imprisonment.

The Bill also includes various small updates of a statute law revision nature. (For example, the word ‘shall’ has been replaced with the word ‘must’ and references to repealed Acts have been deleted as necessary.)

NOTES ON CLAUSES

Part 1 Preliminary Matters

Clause 1.	Short title
This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Criminal Justice Legislation Amendment Act 2011.

Clause 2.	Commencement
This clause outlines when the Act will commence operation. All provisions will commence on the date fixed by the Administrator by Gazette notice.

Part 2 Amendment of Bail Act

Clause 3.	Act amended
This Part of the Bill amends the Bail Act.

Clause 4.	Section 8 amended
This clause is a technical amendment to subsection 8(1)(b) to remove a reference to repealed legislation. It does not effect the operation of the section. 

Clause 5.	Section 33 amended
This clause amends section 33 to allow magistrates and justices to review police bail determinations on their own initiative. It does not alter the types of decision that the magistrate or justice may make on review. The clause also makes consequential amendments to ensure that the same procedural rights (to make submissions) are afforded to accused persons, regardless of whether the review is initiated by the person or by a magistrate or justice.

Clause 6.	Section 34 amended
This clause is a technical amendment to section 34 that clarifies that magistrates and justices are not prevented from reviewing bail decisions.  

Part 3 Amendment of Child Protection (Offender Reporting and Registration) Act

Clause 7.	Act Amended
This Part of the Bill amends the Child Protection (Offender Reporting and Registration) Act.

Clause 8.	Section 19A Amended
This clause of the Bill increases the maximum penalty for the offence in section 19A from two to five years imprisonment. Section 19A makes it an offence for reportable offenders to fail to comply with an attendance notice from the Commissioner of Police (to answer questions about their personal details) or to fail to answer the Commissioner’s reasonable and relevant questions.

Clause 9.	Section 48 Amended
This clause of the Bill increases the maximum penalty for the offence in section 48 from two to five years imprisonment. Section 48 makes it an offence for reportable offenders to fail to comply with their reporting obligations under the Act, without reasonable excuse.

Clause 10.	Section 49 Amended
This clause of the Bill increases the maximum penalty for the offence in section 49 from two to five years imprisonment. Section 49 makes it an offence for reportable offenders to provide false or misleading material in purported compliance with Part 3 (reporting obligations) of the Act.

Clause 11.	Section 83 Amended
This clause of the Bill increases the maximum penalty for the offence in section 83 from two to five years imprisonment. Section 83 makes it an offence for offenders who are subject to a prohibition order to fail to comply with the prohibition order, without reasonable excuse.

Clause 12.	Section 92 Amended
This clause of the Bill increases the maximum penalty for the offence in section 92 from two to five years imprisonment. Section 92 makes it an offence for reportable offenders to apply for or engage in child-related employment during their prohibited period (as set by the Act, the sentencing court or the Supreme Court at the time of a prohibition order).

Part 4 Amendment of Criminal Code

Clause 13.	Act Amended
This Part of the Bill amends the Criminal Code. 

Clause 14.	Section 42 repealed
This clause repeals section 42. Section 42 provides excuse from criminal liability for husbands and wives who commit offences against the property of their spouse, except where there is an intention to injure or defraud another person, or when the couple is separating. The effect of the clause will be to allow criminal sanctions against husbands and wives who commit offences against the property of their spouse.

Part 5 Amendment of Juries Act

Clause 15.	Act Amended
This part of the Bill amends the Juries Act. 

Clause 16.	Section 11 amended
This clause amends subsection 11(2) of the Juries Act to raise the age of persons who may opt to permanently exempt themselves from jury service from 65 years to 70 years. 

Clause 17.	Part XII inserted
This clause inserts a new Part XII (Transitional matters for Criminal Justice Legislation Amendment Act 2011). The clause inserts a new section 69 (Savings – exemption under section 11) in the new Part XII which preserves permanent jury exemptions already obtained under the existing subsection 11(2). This means persons who have already opted, by written notice to the Sheriff, for a permanent exemption from jury duty (because they are over 65) will continue to hold that exemption after the commencement of this legislation. 

Part 6 Amendment of Parole of Prisoners Act

Clause 18.	Act Amended
This Part of the Bill amends the Parole of Prisoners Act. 

Clause 19.	Section 5 amended
This clause makes technical amendments to subsections 5(8A) and (8B) to remove references to repealed legislation, but does not effect the operation of these sections.

Part 7 Other matters

Clause 20.	Expiry of Act
This clause stipulates that the Criminal Justice Legislation Amendment Act 2011 expires a day after commencement, which is the time by when its provisions take effect as amendments in the relevant   amended Acts.