Bob Brown (Tasmania, Australian Greens) Share this | Hansard source

If it is not to be taken into account, it can be seen as mitigating an offence. For example, if a person cannot read or does not understand an instruction given by a police officer in a language that is not their own, that is a mitigating factor. I need it to be abundantly clear that this legislation does not intend to prevent the court from taking into account customary law in, for example, excusing, justifying or lessening the seriousness of the criminal behaviour to which the offence relates. It may be very much a part of the consideration by a court, because a person’s understanding of instructions or, indeed, laws that are in a language they do not speak obviously affects their behaviour.