The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Amendment of the Northern Territory (Self-Government) Act 1978 Bill 2000

No. , 2000

(Mr Andren)

A Bill for an Act for the amendment of the Northern Territory (Self-Government) Act 1978 to prevent the mandatory sentencing of children

ISBN: 0642 431078

Contents

A Bill for an Act for the amendment of the Northern Territory (Self-Government) Act 1978 to prevent the mandatory sentencing of children

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Amendment of the Northern Territory (Self-Government) Act 1978 Act 2000

2 Commencement This Act commences on the day on which it receives the Royal Assent.

3 Schedule The Northern Territory (Self-Government) Act 1978 is amended as set out in the applicable items in Schedule 1, and the other items in that Schedule have effect according to their terms.

Schedule 1--Amendment of the Northern Territory (Self-Government) Act 1978 1 Subsection 4(1) Insert:

"child, for the purposes of this Act, is a person under 18 years of age;".

2 Section 6 Add:

"(2) Despite the provisions of this section, the powers of the Legislative Assembly do not extend to the making of laws which would require a court to sentence a person to imprisonment or detention for an offence committed as a child.".

4 Application To avoid doubt, an enactment of the Legislative Assembly that is contrary to subsection 6(2) of the Northern Territory (Self-Government) Act 1978 has no force or effect as a law of the Northern Territory, except as regards the lawfulness or validity of anything done in accordance with that law before the commencement of the Amendment of the Northern Territory (Self-Government) Act 1978 Act 2000.

5 Transitional Any person in prison or detention at the commencement of the Amendment of the Northern Territory (Self-Government) Act 1978 Act 2000 pursuant to an enactment that is contrary to subsection 6(2) of the Northern Territory (Self-Government) Act 1978 for an offence committed as a child, must be brought within 28 days after the day on which the Amendment of the Northern Territory (Self-Government) Act 1978 Act 2000 commences before the court that sentenced him or her for re-consideration of the remainder of the sentence in accordance with subsection 6(2). The court has full discretion to vary the sentence if it thinks fit in all the circumstance of the offender and the offence.