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RECOMMENDATIONS
Recommendation 1
3.104 The
committee recommends that the Bill be amended to replace the words 'excusing,
justifying, authorising, requiring or rendering less serious' in proposed
paragraph 15AB(1)(b) and proposed subsection 16A(2A) with the words 'mitigating
or enhancing the seriousness of' to clarify the scope of their operation.
Recommendation 2
3.105 The
committee recommends that the Bill be amended to remove Item 4 so as to retain
the phrase 'cultural background' in the list of factors that a court must take
into account in sentencing an offender, if relevant and known to the court, in
paragraph 16A(2)(m) of the Crimes Act 1914.
Recommendation 3
3.106 Subject
to the preceding recommendations, the committee recommends that the Senate pass
the Bill.
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