Supplementary Order Paper No 116

No 116

House of Representatives

Supplementary Order Paper

Wednesday, 8 December 2021

Sexual Violence Legislation Bill

Proposed amendment to SOP No 105

Hon Kris Faafoi, in Committee, to move the following amendment:

New clauses 27A to 27F and cross-heading

After clause 27 (page 28), insert:

Consequential amendments to Rights for Victims of Insane Offenders Act 2021

27A Amendments to Rights for Victims of Insane Offenders Act 2021

Sections 27B to 27F amend the Rights for Victims of Insane Offenders Act 2021.

27B Section 14AA repealed (New section 5A inserted (Transitional, savings, and related provisions))

Repeal section 14AA.

27C New section 14NA inserted (Section 28BA amended (Victim’s preferences on presenting victim impact statement))

After section 14N, insert:

14NA Section 28BA amended (Victim’s preferences on presenting victim impact statement)

In section 28BA(a) (as, or when, inserted by section 24 of the Sexual Violence Legislation Act 2019), after “sentencing the offender”, insert “or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity”.

27D Section 15AAA replaced

Replace section 15AAA with:

15AAA Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in Schedule 4 of this Act as the last Part; and

(b)

make all necessary consequential amendments.

27E Schedule 4 amended

In Schedule 4,—

(a)

heading, replace New Schedule 1AA with New Part 2 of Schedule 1AA; and

(b)

delete the heading to new Schedule 1AA; and

(c)

delete s 5A; and

(d)

replace Part 1 with Part 2; and

(e)

renumber clause 1 as clause 2.

27F Schedule 5 amended

In Part 2 of Schedule 5, delete the amendments to—

(a)

section 53; and

(b)

the Schedule heading.

Explanatory note

This Supplementary Order Paper amends consequentially the Rights for Victims of Insane Offenders Act 2021. The consequential amendments are needed to ensure that that Act will work as intended because—

  • that Act, and the Act arising from this Bill, both amend the Victims’ Rights Act 2002:

  • their 2 sets of amendments to that 2002 Act overlap, and are inconsistent:

  • the Rights for Victims of Insane Offenders Act 2021 commences 1 year after its Royal assent:

  • most amendments to that 2002 Act, and in the Act arising from this Bill, commence earlier, namely on the day after its Royal assent.