Page 3788 - Week 13 - Wednesday, 16 October 1991
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In our view, when the police seize this material, particularly from paedophiles, those paedophiles should be prosecuted for the possession of the material. They might wish, on the other hand, to assist the Director of Public Prosecutions and/or the police, who may wish to give them protection or even immunity for giving evidence to assist an inquiry into the source of this disgusting trade. The existence of an offence would then provide leverage for increased police vigilance and inquiries. We believe that this is a necessary early reform.
We believe that, on any commonsense basis, we should move quickly on this matter. We were already in the process of developing this reform when the ALRC report came down on 11 September 1991. I am pleased that this sustains the Rally's view, and I commend to the house the proposed new section 92NB of the Crimes Act.
On another note, the proposed new section 345A and amendments to sections 348 and 349 of the Crimes Act are designed to facilitate concerted action between the eight governing jurisdictions in Australia, apart from the Federal Government, in the application of the criminal law. While the optimum situation is, of course, a uniform criminal code, that historic task is presently with the Gibbs committee, where issues such as the principles relating to criminal responsibility are being slowly resolved between jurisdictions.
In the meantime, it would seem appropriate to attend to those issues of immediate community concern that are not likely to impede uniform moves. Accordingly, the proposed new section 345A of the Crimes Act provides that a person shall not aid, abet, counsel or procure, or, by act or omission, in any way, directly or indirectly, be knowingly concerned in or party to the commission of an offence under a law of a State or another Territory. A penalty of imprisonment for up to three years is applicable.
In drafting this provision, we have had regard to the fact that, while it may be entirely inappropriate in international law to punish the aiding and abetting of offences which are proscribed in another jurisdiction, this should not apply in the Australian Federation where our criminal sanctions are broadly compatible. Nevertheless, when reviewing section 19 of the Northern Territory Misuse of Drugs Act and section 59 of the New Zealand Crimes Act 1989, it became apparent that those provisions require the offence of aiding and abetting occurring in one jurisdiction to reflect a primary offence which itself is unlawful.
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