Senator to Fast Track Criminal Code Amendments for Extraterritorial Criminals

In an article reported in The Australian today (24 June 2013), Senator Nick Xenaphon will seek to introduce changes to the Criminal Code Act 1995 (Cth) to enable prosecutions to be launched against extra-territorial criminals.

After the murder of an Australian citizen, Ms Bradshaw, in Brunei in 1994, no action has yet been able to be taken against the perpetratory due to statutory time limits against action in other countries.

Mr Xenophon is drafting a Bill to amend the Criminal Code Act 1995 to remove the time limit statute which could enable action to be launched in connection with Ms Bradshaw's 1994 murder in Brunei, among other actions.

Mr Xenophon last week had discussions with Foreign Minister Bob Carr, Attorney-General Mark Dreyfus and Shadow Attorney-General George Brandis, SC, over the Bradshaw case and informed them of his plans to introduce the amendment.

He said the Government and Opposition indicated "they were willing to engage" on the issue and Mr Carr said he was planning to raise the matter with the Brunei High Commissioner.

The Criminal Code Act 1995 was last amended following the Bali bombings in 2002 to allow for the prosecution of anyone who murdered an Australian citizen overseas in an Australian court.

Any prosecuting under the Act is conducted by the Commonwealth Director of Public Prosecutions, not at state level.

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