Page 2756 - Week 10 - Tuesday, 14 August 1990
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MR COLLAERY: This piece of legislation - - -
MR ACTING SPEAKER: Listen, Mr Berry, pay attention.
MR COLLAERY: If you were not so far up your ladder, you would be able to hear. It takes him five minutes to get to his feet, he is that tall.
Members interjected.
MR COLLAERY: This is about torture; it is an appropriate subject, I think.
Mr Berry: Is this a ministerial statement?
MR COLLAERY: Through you, Mr Acting Speaker; may I continue?
MR ACTING SPEAKER: Mr Collaery does have the floor, Mr Berry.
Mr Berry: On a point of order, Mr Acting Speaker; is this a ministerial statement?
MR ACTING SPEAKER: It is the presentation of a paper, Crimes (Amendment) Ordinance (No. 2). He was also granted leave to make a short statement. Continue, Deputy Chief Minister.
Members interjected.
MR ACTING SPEAKER: Order, members! Let Mr Collaery make his statement. We have given him leave, now listen to him.
MR COLLAERY: This piece of legislation contains some important changes to the criminal law of the ACT. Responsibility for the Crimes Act 1900 (New South Wales) in its application in the ACT - that is the principal criminal legislation of the ACT - passed from the Commonwealth to the ACT Government on 1 July 1990. Just prior to this handover, on 15 June 1990, the Commonwealth made this ordinance I am tabling to amend the provisions in the Crimes Act 1900 which relate to offences against a person, that is offences other than sexual offences. These reforms were made in consultation with myself and the ACT Criminal Law Consultative Committee.
Of particular interest is the new offence of torture, contained in section 235. This provision implements in the ACT the convention against torture and other cruel, inhuman, or degrading treatment or punishment. The section follows the wording of the convention and applies to acts of torture inflicted by a public official, or a person acting at the instigation of a public official. The offence carries a maximum penalty of 10 years imprisonment.
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