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COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Hansard No. 11, 2001 WEDNESDAY, 22 AUGUST 2001 THIRTY-NINTH PARLIAMENT FIRST SESSION—TENTH PERIOD BY AUTHORITY OF THE SENATE INTERNET The Votes and Proceedings for the House of Representatives are available at: http://www.aph.gov.au/house/info/votes Proof and Official Hansards for the House of Representatives, the Senate and committee hearings are available at: http://www.aph.gov.au/hansard SITTING DAYS—2001 Month Date February 6, 7, 8, 26, 27, 28 March 1, 5, 6, 7, 8, 26, 27, 28, 29 April 2, 3, 4, 5, May 9, 10, 22, 23, 24 June 4, 5, 6, 7, 18, 19, 20, 21, 25, 26, 27, 28 August 6, 7, 8, 9, 20, 21, 22, 23, 27, 28, 29, 30 September 17, 18, 19, 20, 24, 25, 26, 27 October 15, 16, 17, 18, 22, 23,24, 25 November 12, 13, 14, 15, 19, 20, 21, 22 December 3, 4, 5, 6, 10, 11, 12, 13 RADIO BROADCASTS Broadcasts of proceedings of the Parliament can be heard on the following Parliamentary and News Network radio stations, in the areas identified. CANBERRA 1440 AM SYDNEY 630 AM NEWCASTLE 1458 AM BRISBANE 936 AM MELBOURNE 1026 AM ADELAIDE 972 AM PERTH 585 AM HOBART 729 AM DARWIN 102.5 FM Wednesday, 22 August 2001 SENATE 26287 Wednesday, 22 August 2001 in the transition to application of the Criminal ————— Code’s general principles. If relevant offences are not adjusted in this manner many will become The PRESIDENT (Senator the Hon. more difficult for the prosecution to prove, and Margaret Reid) took the chair at 9.30 a.m., therefore reduce the protection which was origi- and read prayers. nally intended by the Parliament to be provided FAMILY AND COMMUNITY by the offence. SERVICES LEGISLATION This bill will similarly improve the efficient and AMENDMENT (APPLICATION OF fair prosecution of offences by clarifying the CRIMINAL CODE) BILL 2001 physical elements of offences and amending in- appropriate fault elements. This measure has the First Reading potential to save many hours of court time other- Motion (by Senator Tambling) agreed to: wise spent in complicated, and sometimes incon- sistent, interpretation of offence-creating provi- That the following bill be introduced: A Bill sions. for an Act relating to the application of the Criminal Code to certain offences, and for related The Criminal Code is a significant step in the purposes. reform of our system of justice, and it is impor- tant that it be implemented in a way that is con- Motion (by Senator Tambling) agreed to: sidered and pays careful regard to the way Com- That this bill may proceed without formalities monwealth offence provisions are to work in and be now read a first time. practice. This bill is an important step in that Bill read a first time. process. Second Reading Ordered that further consideration of this bill be adjourned to the first day of the 2002 Senator TAMBLING (Northern Terri- autumn sittings, in accordance with standing tory—Parliamentary Secretary to the Minis- order 111. ter for Health and Aged Care) (9.31 a.m.)—I table the explanatory memorandum relating FAMILY ASSISTANCE ESTIMATE to the bill and move: TOLERANCE (TRANSITION) BILL 2001 That this bill be now read a second time. First Reading I seek leave to have the second reading speech incorporated in Hansard. Motion (by Senator Tambling) agreed to: Leave granted. That the following bill be introduced: A Bill for an Act to amend the A New Tax System The speech read as follows— (Family Assistance) (Administration) Act 1999, The purpose of this bill is to apply the Criminal and for related purposes. Code Act 1995 to all offence-creating and related Motion (by Senator Tambling) agreed to: provisions in Acts falling within the portfolio of the Minister for Family and Community Services, That this bill may proceed without formalities and to make all necessary amendments to these and be now read a first time. provisions to ensure compliance and consistency Bill read a first time. with the Criminal Code’s general principles. The Second Reading amendments will ensure that, after application of the Criminal Code, existing criminal offences and Senator TAMBLING (Northern Terri- related provisions continue to operate in the same tory—Parliamentary Secretary to the Minis- manner as at present. This bill is one of a series ter for Health and Aged Care) (9.32 a.m.)—I designed to apply the Criminal Code on a portfo- table the explanatory memorandum relating lio-by-portfolio basis. to the bill and move: An important component of the bill is to provide That this bill be now read a second time. clarity about the application of strict liability to some offence-creating provisions. Under the I seek leave to have the second reading Criminal Code an offence must specifically iden- speech incorporated in Hansard. tify strict liability, otherwise the prosecution will Leave granted. be required to prove fault in relation to each ele- The speech read as follows— ment of the offence. The bill ensures that the strict liability nature of some provisions is not lost 26288 SENATE Wednesday, 22 August 2001 This bill follows through on the Government’s INDUSTRY, SCIENCE AND recent announcement of a $1,000 tolerance for RESOURCES LEGISLATION families with a family tax benefit or child care AMENDMENT (APPLICATION OF benefit overpayment because of incorrectly esti- CRIMINAL CODE) BILL 2001 mated income or shared care in 2000-2001. First Reading The bill adapts an existing provision in the family assistance law so that the Government’s decision Motion (by Senator Tambling) agreed to: can be put into effect through a disallowable in- That the following bill be introduced: a Bill for strument. The instrument will be made and ta- an Act relating to the application of the Criminal bled as soon as possible after the bill is enacted. Code to certain offences, and for related purposes. The new family assistance system put more than Motion (by Senator Tambling) agreed to: $2 billion extra into the pockets of Australian families. It meant, for the first time ever, that top- That this bill may proceed without formalities ups will be paid to families who have been paid and be now read a first time. less than their actual entitlement because they Bill read a first time. overestimated their income during the year. Second Reading The Government’s information campaign to tell Senator TAMBLING (Northern Terri- families about the new system has been very ef- fective, with some 800,000 families updating tory—Parliamentary Secretary to the Minis- their income estimates during the year. However, ter for Health and Aged Care) (9.33 a.m.)—I the first year was one of transition, and some table the explanatory memorandum relating families clearly needed extra help in adjusting to to the bill and move: the new arrangements. While many families have That this bill be now read a second time. got their income estimate right, and they should be congratulated, there are still those whose cir- I seek leave to have the second reading cumstances mean that it is difficult for them to speech incorporated in Hansard. estimate their income accurately. This special Leave granted. $1,000 tolerance will be available to those who The speech read as follows— have underestimated their income and have an overpayment as a result. The purpose of the Industry, Science and Re- sources Legislation Amendment (Application of The $1,000 tolerance will also be available where a separated parent has incorrectly estimated their Criminal Code) Bill 2001 is to amend certain offence provisions in legislation within the In- share of their child’s care. If a family has both a dustry, Science and Resources portfolio to reflect family tax benefit overpayment and a child care benefit overpayment, the $1,000 tolerance will the application of the Criminal Code Act 1995 (the Criminal Code) to all criminal offences in apply to each overpayment. Commonwealth laws. Any family who still has an excess payment after The amendments are intended to ensure that when the $1,000 tolerance may have it recovered by chapter 2 of the Criminal Code Act 1995 (the adjusting their future payments. Of course, many Code) is applied from 15 December 2001 to all families who overestimated their income will reap Commonwealth criminal offences, those provi- one of the main benefits of the new system when sions will continue to operate in the same manner they are paid their family tax benefit or child care as they operated previously. If legislation con- benefit top-ups with their tax refund or in a direct taining offence provisions were not amended to payment. have regard to the Code, the Code, upon coming Now that families have had time to adjust to the into operation, may alter the interpretation of first year of the new system with the benefit of existing offence provisions. this lenient approach, the Family Assistance Of- The Criminal Code is set out in schedule 2 to the fice is working closely with them to help them Criminal Code Act 1995. It contains the general with their income and shared care estimates for principles of criminal responsibility that will ap- 2001–2002. ply to all Commonwealth criminal offences when Ordered that further consideration of this the Criminal Code Act comes into force, on and bill be adjourned to the first day of the 2002 after 15 December 2001. autumn sittings, in accordance with standing Chapter 2 of the Criminal Code codifies the gen- order 111. eral principles of criminal law and adopts the common law approach of subjective fault based principles.
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