Criminal Code Amendment (Hate Crimes) Bill 2024

Mr BURKE (Watson—Minister for the Arts, Minister for Home Affairs, Minister for Cyber Security, Minister for Immigration and Multicultural Affairs and Leader of the House) (20:01): For the benefit of the House, authority for the amendments to be circulated was given some time ago. The clerks and the officials have been working hard to get everything uploaded.

I move amendment (1) on sheet AA101: (1) Page 8 (after line 21), at the end of the Bill, add: Schedule 2 — Mandatory minimum sentences and maximum penalties Crimes Act 1914 1 Paragraph 15AAA(1)(a) After "section 16AAA", insert "(except items 1A to 1E of that table)". 2 Section 16AAA (before table item 1) Insert: 1A offence against subsection 80.2H(1) of the Criminal Code 12 months 1B offence against subsection 80.2HA(1) of the Criminal Code 12 months 1C offence against a provision of Division 101 or 102 of the Criminal Code (other than an offence against subsection 102.8(1) or (2) of the Criminal Code) 6 years 1D offence against subsection 102.8(1) or (2) of the Criminal Code 12 months 1E offence against a provision of Division 103 of the Criminal Code 3 years 3 Paragraph 16AAC(2)(b) Repeal the paragraph, substitute: (b) the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of: (i) in relation to any of items 1A to 1E of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or (ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence. 4 Paragraph 16AAC(3)(b) Repeal the paragraph, substitute: (b) if the court is taking into account, under paragraph 16A(2)(h), the person having cooperated with law enforcement agencies in the investigation of: (i) in relation to any of items 1A to 1E of the table in section 16AAA—the offence or an offence against subsection 80.2H(1) or 80.2HA(1) or Part 5.3 or 5.5 of the Criminal Code; or (ii) in relation to any of items 1 to 15 of the table in section 16AAA or any of the items in the table in subsection 16AAB(2)—the offence or a Commonwealth child sex offence; by an amount that is up to 25% of the period specified in column 2 of the applicable item in the relevant table; Criminal Code Act 1995 5 Subsection 80.2H(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 5 years. 6 Subsection 80.2HA(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 5 years. 7 Application provision The amendments made by this Schedule apply in relation to a conviction that occurs on or after the commencement of this item if the conduct constituting the offence occurs wholly on or after that commencement. 8 Review of amendments (1) The Parliamentary Joint Committee on Intelligence and Security must review the operation and effectiveness of the amendments made by this Schedule.

(2) The Committee must: (a) begin the review before the end of the period of 2 years beginning on the day on which this Schedule commences; and (b) report the Committee's comments and recommendations to each House of the Parliament as soon as practicable after completing the review. I won't delay the House. I've given the reasons for this amendment in my previous speech.

Even though that motion was withdrawn, the reasons are still on the Hansard,and I refer to them.