2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
CRIMINAL CODE AMENDMENT
(FEMALE GENITAL MUTILATION) BILL 2013
SERIAL NO. 37

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to expand the application of section 186C of the Criminal Code to adult women rather than just applying to children.  

The amendment will ensure that the offence of taking a person from the Northern Territory (or making arrangements for the same), with the intention of performing female genital mutilation, is applicable to both children and adult women.  

NOTES ON CLAUSES
	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 Code Amendment (Female Genital Mutilation) Act 2013.
	Clause 2.	Commencement.
This Act will commence on a day fixed by the Administrator by Gazette notice.

Clause 3.	Criminal Code amended

This Bill will amend the Criminal Code.

Clause 4.	Section 186C amended

Clause 4 amends section 186C of the Criminal Code by replacing the word ‘child’ with ‘person’, ‘another person’ or ‘that person’ where appropriate.

This amendment effectively expands the application of section 186C to adult women rather than just applying to children. This amendment will ensure that the offence of taking another person from the Northern Territory (or making arrangements for the same), with the intention of performing female genital mutilation, is applicable to both children and adult women.

The amendment is necessary to protect both adult women and girls from the offence of female genital mutilation.

It is not the intention of the legislation that the victim be prosecuted under the section.

Clause 5. 	Part XI heading replaced

Clause 5 amends the heading of Part XI of the Criminal Code to ‘Transitional matters’. This Part amalgamates the existing transitional provisions of the Criminal Code and establishes divisions for each.  Due to the increasing number of transitional provisions in the Criminal Code this will ensure better structure and flow for each of the transitional provisions.

Clause 5 creates Division 1 which caters for section 444, being the transitional provisions of the Criminal Code Amendment (Criminal Responsibility Reform) Act 2005.

Clause 6.	Part XII heading replaced

Clause 6 creates Division 2 which caters for section 445, being the transitional provisions of the Criminal Code Amendment (Expert Evidence) Act 2009.

Clause 7.	Part XIII heading replaced

Clause 7 creates Division 3 which caters for section 446, being the transitional provisions of the Criminal Code Amendment (Mental Impairment and Unfitness for Trial) Act 2010.

Clause 8.	Part XI, Division 4 inserted

Clause 8 creates Division 4 and inserts section 447 into the Criminal Code.  Section 447 contains the transitional provisions for the Criminal Code Amendment (Female Genital Mutilation) Act 2013.

A transitional provision has been included in the Bill to provide that an offence is only committed against the amended section if all offending conduct occurs after commencement.  This will ensure that there is no confusion if a defendant were to be charged ‘between dates’ with the beginning of the offending period prior to the commencement.

Section 447(1) provides that section 186C, as amended by this Act, only applies to offences committed after the commencement of this Act.

Section 447(2) provides that section 186C, as in force before the commencement of this Act, applies to offences committed prior to the commencement of this Act.

Section 447(3) provides that the amended section 186C is only applicable if all alleged criminal conduct occurred after the commencement of this Act.  Where a course of conduct is alleged to have occurred both before and after the commencement of this Act, section 447(2) is applicable.