Consideration resumed from 29 November.

House of Representatives message—

(1)    Schedule 1, page 5 (after line 4), after item 5, insert:

5A Subparagraph 19B(1)(b)(i)

Omit “cultural background,”.

5B After subsection 19B(1)

Insert:

     (1A)    However, the court must not take into account under subsection (1) any form of customary law or cultural practice as a reason for:

             (a)    excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

             (b)    aggravating the seriousness of the criminal behaviour to which the offence relates.

      (1B)    In subsection (1A):

criminal behaviour includes:

             (a)    any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

             (b)    any fault element relating to such a physical element.

[discharging offenders without conviction]

(2)    Schedule 1, page 5, after proposed item 5B, insert:

5C Paragraph 23WI(3)(c)

Omit “age, physical and mental health, cultural background and (where appropriate) religious beliefs”, substitute “age, physical health and mental health”.

5D Paragraph 23WI(3)(d)

Repeal the paragraph.

5E At the end of section 23WI

Add:

        (4)    Without limiting the matters that the constable may take into account in considering, for the purposes of paragraph (3)(e), the intrusiveness of the forensic procedure, the constable must (where appropriate) take into account the religious beliefs of the suspect.

[forensic procedures]

(3)   Schedule 1, page 5, after proposed item 5E, insert:

5F Paragraph 23WO(3)(c)

Omit “age, physical and mental health, cultural background and (where appropriate) religious beliefs”, substitute “age, physical health and mental health”.

5G Paragraph 23WO(3)(d)

Repeal the paragraph.

5H At the end of section 23WO

Add:

        (4)    Without limiting the matters that the senior constable may take into account in considering, for the purposes of paragraph (3)(e), the intrusiveness of the forensic procedure, the senior constable must (where appropriate) take into account the religious beliefs of the suspect.

[forensic procedures]

(4)    Schedule 1, page 5, after proposed item 5H, insert:

5J Paragraph 23WT(3)(c)

Omit “age, physical and mental health, cultural background and (where appropriate) religious beliefs”, substitute “age, physical health and mental health”.

5K Paragraph 23WT(3)(d)

Repeal the paragraph.

5L At the end of section 23WT

Add:

        (4)    Without limiting the matters that the magistrate may take into account in considering, for the purposes of paragraph (3)(f), the intrusiveness of the forensic procedure, the magistrate must (where appropriate) take into account the religious beliefs of the suspect.

[forensic procedures]

(5)     Schedule 1, item 6, page 5 (line 9), omit “items 4 and 5”, substitute “items 4 to 5L”.

[application of amendments]

criminal behaviour includes: