House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General and Minister for Industrial Relations, the Hon Christian Porter MP)

NOTES ON CLAUSES

Preliminary

Clause 1 - Short title

1. This clause provides for the short title of the Act to be the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2019.

Clause 2 - Commencement

2. This clause provides for the commencement of each provision in the Bill, as set out in the table. Item 1 in the table provides that sections 1 to 3 which concern the formal aspects of the Bill, as well as anything in the Bill not elsewhere covered by the table, will commence on the day on which the Bill receives Royal Assent.

3. As set out in the table, Schedule 3 (Cross-examination of vulnerable persons at committal proceedings), Schedule 8 (Matters court has regard to when passing sentence) and Schedule 13 (Revocation of parole order or licence) would commence 28 days after the Bill receives the Royal Assent. This commencement arrangement is designed to ensure that there is time for the courts and prosecutors to be aware of the changes in these Schedules.

4. The table also sets out the commencement arrangements with regard to amendments in the Bill which are contingent on the commencement of Schedules 2 and 3 of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 and Schedule 1 of the Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019.

Clause 3 - Schedules

5. This clause provides that each Act that is specified in a Schedule is amended or repealed as set out in that Schedule and that any other item in the Schedule has effect according to its terms.