An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision for the consideration of family member victim impact statements in sentencing.
1 Name of Act
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
 Section 28 When victim impact statements may be received and considered
Omit section 28 (4). Insert instead:(4) A victim impact statement given by a family victim may, on the application of the prosecutor and if the court considers it appropriate to do so, be considered and taken into account by a court in connection with the determination of the punishment for the offence on the basis that the harmful impact of the primary victim’s death on the members of the primary victim’s immediate family is an aspect of harm done to the community.(4A) Subsection (4) does not affect the application of the law of evidence in proceedings relating to sentencing.
 Section 28 (6)
Insert after section 28 (5):(6) Despite any other provision of this section, a court must not consider or take into account a victim impact statement under this section unless it has been given by or on behalf of the victim to whom it relates or by or on behalf of the prosecutor.
 Section 29 Victim impact statements discretionary
Insert after section 29 (3):(4) The absence of a victim impact statement given by a family victim does not give rise to an inference that an offence had little or no impact on the members of the primary victim’s immediate family.
 Section 107
Insert after section 106:107 Review of Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014(1) In this section:family member victim impact statement amendments means the amendments made by the Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014.(2) The Minister is to review the operation of the family member victim impact statement amendments to determine the effect of those amendments.(3) The review required by this section is to be undertaken as soon as possible after the period of 3 years from the commencement of the family member victim impact statement amendments.(4) A report on the outcome of the review required by this section is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
 Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Provision consequent on Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014Application of amendmentsThe amendments made to section 28 of this Act by the Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 apply to the determination of a sentence for an offence whenever committed, unless:(a) the court has convicted the person being sentenced of the offence, orbefore the commencement of the amendments.(b) a court has accepted a plea of guilty and the plea has not been withdrawn,