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Section 5 Magistrates Court (Indicative Sentencing) Amendment Bill 2025 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) It is a defence to a prosecution for an offence against1 subsection (2) (a), (b) or (c) if the person proves that the defendant2 consented to the publication of the information before it was3 published.4 (5) It is a defence to a prosecution for an offence against5 subsection (2) (d) if the person proves that the complainant consented6 to the publication of the information before it was published.7 Note A person charged with an offence against s (2) has a legal burden in8 relation to the matters mentioned in s (4) and s (5) (see Criminal Code,9 s 59).10 (6) In this section:11 publish means communicate or distribute information in a way or to12 an extent that makes it available to, or likely to come to the notice of,13 the public or a section of the public.14 61G Review of amendments made by Magistrates Court15 (Indicative Sentencing) Amendment Act 202516 (1) The Minister must review the operation of the amendments made by17 the Magistrates Court (Indicative Sentencing) Amendment Act 202518 within 3 years after the commencement of that Act, section 319 (the commencement day).20 (2) The review must be started not earlier than 2 years after the21 commencement day.22 (3) The review must include a consideration of the effect of the23 amendments on human rights.24 (4) Subsection (3) does not limit what may be included in the review.25 (5) The Minister must present a report of the review to the Legislative26 Assembly as soon as practicable after the report is completed.27 (6) This section expires 4 years after the day it commences.28

Section 6 page 14 Magistrates Court (Indicative Sentencing) Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Sections 90AA (9) and 90AB (3)1 omit2 7 Dictionary, new definitions3 insert4 indicated sentence, for division 3.4.1A (Sentence indications)—5 see section 56.6 sentence indication, for division 3.4.1A (Sentence indications)—7 see section 57 (1).8 sexual offence, for chapter 3 (Criminal proceedings)—9 see section 18A.10 victim impact statement, for division 3.4.1A (Sentence11 indications)—see the Crimes (Sentencing) Act 2005, section 47.12

Crimes (Sentencing) Act 2005—Consequential amendments Schedule 1 Amendment [1.1] Magistrates Court (Indicative Sentencing) Amendment Bill 2025 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Crimes (Sentencing)1 Act 2005—Consequential2 amendments3 (see s 3)4 [1.1] New section 52 (2A)5 insert6 (2A) If a defendant has applied for a sentence indication in a proceeding7 for an offence—8 (a) for the purpose of determining the indicated sentence—9 the statement may be tendered to the court when the court10 considers appropriate; and11 (b) for the purpose of sentencing the defendant—the statement may12 be tendered to the court, made orally or read out in court when13 the court considers appropriate.14 [1.2] New section 52 (3A)15 insert16 (3A) However, subsection (3) does not apply to a statement given to the17 court under subsection (2A) (a).18 [1.3] Section 52 (6), new definitions19 insert20 defendant—see the Magistrates Court Act 1930, section 57.21 indicated sentence—see the Magistrates Court Act 1930, section 56.22 sentence indication—see the Magistrates Court Act 1930,23 section 57 (1).24