Thank you, Mr. Chair.
This specifically addresses the mandatory minimum penalties that have been introduced into clause 38. What I'm attempting to do—and I won't go on for any length, anticipating your ruling on the admissibility of this—is reintroduce judicial discretion with set criteria. You will see this in the last three points, in basically the last sentence of the amendment I'm proposing; namely, a judge would have the discretion to vary from the mandatory minimums in circumstances where the judge “does not consider it necessary to do so”—and then here's where the test applies—“having regard to the public interest, the needs of the community and the best interests of the person who commits the offence”.
Thank you, Mr. Chair.