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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