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:

Part 1--Preliminary

1 Short title This Act may be cited as the Human Rights (Mandatory Sentencing of Juvenile Offenders) Act 2000.

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

3 Act extends to external territories This Act extends to every external Territory.

4 Interpretation For the purpose of this Act, a child is a person under 18 years of age.

5 Mandatory detention or imprisonment of juveniles 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.

6 Application 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.

7 Transitional 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.