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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
THE
SENATE
Presented and read a first
time
Human Rights
(Mandatory Sentencing for Property Offences) Bill
2000
No. ,
2000
(Senator Brown)
A
Bill for an Act to implement Australia’s human rights obligations under
various international instruments with respect to the sentencing of people for
property offences
ISBN: 0642 452199
Contents
A Bill for an Act to implement Australia’s human
rights obligations under various international instruments with respect to the
sentencing of people for property offences
The Parliament of Australia enacts:
This Act may be cited as the Human Rights (Mandatory Sentencing for
Property Offences) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
This Act extends to every external Territory.
In this Act:
child means a person under 18 years of age.
property offence means any offence involving:
(a) theft (irrespective of the value of the property); or
(b) criminal damage to property; or
(c) unlawful entry to buildings; or
(d) unlawful use of a vessel, motor vehicle, caravan or trailer;
or
(e) receiving stolen goods; or
(f) unlawful possession of goods reasonably suspected of being stolen;
or
(g) receiving stolen goods after change of ownership; or
(h) taking reward for the recovery of property obtained by criminal means;
or
(i) assault with intent to steal; or
(j) robbery; or
(k) armed robbery;
or any other offence involving an unlawful interference with the property
or property rights of another person, including an offence consisting of
attempting or conspiring to commit, or aiding, abetting, counselling, or
procuring the commission of, a property offence.
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 a property
offence committed as a child.
A law of the Commonwealth, or of a State or of a Territory must not
require a court to sentence a person who is at least 18 years of age to
imprisonment or detention for a property offence.
To avoid doubt, enactments that are contrary to section 5 or 6 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 person (including a child) in prison or detention at the commencement
of this Act pursuant to an enactment that is contrary to section 5 or 6 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 circumstances of the offender and the
offence.