Senate debates

Thursday, 12 September 2019

Bills

Criminal Code Amendment (Agricultural Protection) Bill 2019; In Committee

1:05 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) | Hansard source

I have a few questions. Did anybody involved in the drafting of this actually seek advice from either AGS or any external legal folk about the principle of needing to have certainty in all drafting, in particular when creating criminal offences? I'm not in charge of this bill, but I am flabbergasted at the lack of certainty. The minister hasn't been able to shed any clarification, simply saying it's a matter for the courts. Surely the scope of the sentence is a matter for the courts, not whether or not an offence has even been conducted? I want to know how on earth this bill has gotten this far and whether anyone responsible for it has actually sought some legal advice, because it seems to me to fly in the face of legal drafting when it comes to criminal liability.

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