Australian Criminal Law - Law Reform and The Model Criminal Code

Law Reform and The Model Criminal Code

There are currently plans within some states of Australia to reform the criminal law to achieve greater consistency between states, through the Model Criminal Code. However, as criminal law is not a power permitted under the Australian Constitution that the Federal Government can legislate on, the Model Criminal Code is simply a model that individual states may choose to adapt to their own criminal laws.

At present, New South Wales, Western Australia and the Northern Territory have participated in modifying some crimes to match the position in the model criminal code, but in many areas states have not changed laws to reflect this code, and in some instances reject the code entirely.

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