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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4064 ..

MR STEFANIAK (continuing):

with what is being suggested to them by the committee. I want to make that point. But I think the response by the Chief Minister on this occasion-and it is only in relation to this legislation-was a bit over the top. So we will be writing to him further in relation to that.

I am glad that we and the various stakeholders, namely the Law Society and the Bar Association, have had a chance to look further at this legislation. Whilst I don't think they have any particular problems, a very good comment was made to me several weeks ago by the Bar Association in relation to this criminal code. They have concerns in relation to, I suppose, the piecemeal introduction of the model criminal code. Although to some extent this may be unavoidable, it was suggested to me that they would certainly feel a lot more comfortable if the whole exercise were introduced in one hit when it is completed. This would certainly make the role of the profession and their ability to advise clients so much easier.

As it is, they complain that they have to be aware of about three different sets of laws-what is covered and not covered by the code in the ACT and what is covered by other territory laws; and, of course, the laws of New South Wales across the border and Queensland. Indeed, New South Wales has enacted parts of the code and has other laws as well still in place. I thought that suggestion had some merit. I think it is important that the government take on board that suggestion when it is introducing future criminal code legislation.

At present the implementation record is a little bit patchy across the nation. Chapter 2, which relates to general principles of criminal responsibility, is largely picked up through the Commonwealth Criminal Code Act 1995 as well as the Criminal Code Act 2001 of the ACT and the Criminal Law Consolidation (Self Defence) Amendment Act 1997 of South Australia. The criminal jurisdiction part of chapter 2 has been picked up the Commonwealth Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 and the New South Wales Crimes Legislation Amendment Act 2000.

Chapter 3, which deals with theft, fraud and related offences, has been picked up by the Commonwealth Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 and the Criminal Law Consolidation (Offences of Dishonesty) Amendment Bill 2001 in South Australia.

Chapter 4, criminal damage and computer offences, has been picked up by the Crimes Amendment (Computer Offences) Bill 2001 in New South Wales and also the Commonwealth Cybercrime Bill 2001.

Chapter 5, non-fatal offences against the person, is picked up by the Commonwealth Criminal Code Amendment (United Nations and Associated Personnel) Act 2000, the New South Wales Crimes (Female Genital Mutilation) Amendment Act 1994, the ACT Crimes (Amendment) Act (No 3) 1995, the Northern Territory Criminal Code Amendment Act (No 2) 1995, the Statutes Amendment (Female Genital Mutilation and Child Protection) Amendment Act 1995 in South Australia, the Crimes (Female Genital Mutilation) Act 1996 in Victoria and the Criminal Law Amendment Act 2000 in Queensland.

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