The bill repeals the mandatory minimum sentences introduced by the Criminal Code Amendment (Hate Crimes) Act 2025, restoring judicial discretion in sentencing for certain offences. It aims to remove fixed penalties that have disproportionately impacted First Nations and other marginalised groups.
This Bill amends the Crimes Act 1914 and the Criminal Code to remove the mandatory minimum sentence provisions inserted by the Criminal Code Amendment (Hate Crimes) Act 2025. Schedule 1 repeals items 1A–1E in section 16AAA of the Criminal Code (which imposed mandatory terms for offences under subsections 80.2H(1)–80.2HA(1), Divisions 101–103, and subsections 80.2BE(1)–(2)), and restores the original drafting of paragraphs 16AAC(2)(b) and (3)(b). It also makes a consequential amendment to paragraph 15AAA(1)(a) of the Crimes Act 1914 to remove references to those items. The amendments commence the day after Royal Assent and apply to convictions for conduct occurring on or after that date.
From the explanatory memorandum:
This Bill repeals the mandatory minimum sentence provisions that were passed in the Criminal Code Amendment (Hate Crimes) Act 2025. Mandatory minimum sentences are a dangerous and unjust tool that have a disproportionate impact on First Nations and other marginalised groups. They also undermine judicial independence and a fair trial.
Mandatory minimum sentences remove judicial discretion and undermine the right to a fair trial and equality before the law guaranteed by ICCPR Articles 14 and 26. Judges cannot tailor penalties to individual circumstances, leading to unjust outcomes.
These provisions have been shown to disproportionately affect Aboriginal and Torres Strait Islander peoples and other marginalised communities, exacerbating over-incarceration without evidence of crime reduction.[1] They also contravene United Nations recommendations that Australia abolish mandatory sentencing due to their discriminatory effects.[2]
Repealing these minimums restores judicial independence, aligns Australian law with international human rights standards, and ensures sentencing remains fair and non-discriminatory.
Mandatory minimum sentences for serious hate and violence offences guarantee a consistent and severe penalty that deters would-be offenders and protects vulnerable communities.[Judgment]
They provide public confidence that heinous acts will be met with meaningful punishment, preventing lenient sentences that could undermine the rule of law and community trust.[Judgment]
Removing these minimums risks greater sentencing disparity, potential increases in serious offences, and weakens the state’s ability to uphold social order and public safety.[Judgment]
2025-03-26
Senate
Before Senate
FARUQI, Sen Mehreen
Unspecified
Criminal Law Reform, Discrimination / Human Rights, Indigenous, Civics, Democratic Institutions