Why are courts reducing sentences for child sex offenders based on cultural background? This deeply troubling question was one I raised during Estimates.
I cited a case where a convicted child sex offender had his sentence reduced because the judge believed his cultural upbringing made him think the crime wasn’t seriously wrong. Australians are rightly horrified. I asked whether such reasoning could ever apply to Commonwealth offences. Ms Sharp assured me that while courts consider personal circumstances, the gravity of the offence remains. Still, the fact this even happens is alarming.
— Senate Estimates | October 2025
Transcript
Senator ROBERTS: Turning to another case, I’m alarmed by the recent trend in some states to reduce sentences for heinous crimes because of historical cultural experiences. I’ll get to the federal implications here. One recent state case—this is a state case I’m citing— involved a person from overseas who was convicted of child sexual offences and had his sentence reduced because the trial judge felt that, because of his previous exposure to such activity, it would be unfair for him to be severely punished if he believed what he was doing was not seriously wrong. I think that’s horrified a lot of Australians, and constituents have contacted us. Since when has the law reduced sentences simply because the defendant thought it was okay to commit sexual offences against children?
Ms Sharp: I’m not sure that that’s how the law operates; you’ve conflated a number of factors. When a sentence is imposed—I am really speaking about the role of courts here, which is outside my direct operation. When courts are determining what sentence to impose, they consider a whole range of factors. Many of those are set out in the Crimes Act, but some are set out by the common law, by the courts as they develop the law of sentencing over time. Those factors include the personal circumstances of both the victim and the offender.
Senator ROBERTS: A lot of our constituents would be very upset with the decision. They’re telling us they are. They think the judiciary needs to be re-educated, but that’s not for you; I accept that. Can you reassure the Australian public that such a claim would not result in a similar discount if the offence was a Commonwealth one?
Ms Sharp: Senator, I’m not sure precisely what the claim is. I can say that we make submissions to courts about what we think the appropriate sentence is—what we think are the appropriate factors relevant to sentencing, but those factors do include the personal circumstances of an offender. That’s simply the state of the law, and that’s set out in the provisions of the Crimes Act which deal with how sentences are to be imposed in relation to federal offences.
Senator ROBERTS: Isn’t it pretty clear cut that molesting a child, sexually abusing a child, sexually assaulting a child, is exactly that? The law would be pretty clear cut on that, wouldn’t it?
Ms Sharp: Is exactly an offence? Yes, it is an offence.
Senator ROBERTS: And the sentence would be lessened if the male comes from a country where paedophilia is allowed?
Ms Sharp: No. Senator, I’m not sure of the particular details of the case about which you’re speaking. At a general level, at a high level, the personal circumstances of an offender are relevant to determining what the appropriate sentence is for every case. It’s not a question of whether that lessens the gravity of the offence. It’s just one of the factors that go into the mix in determining what is the appropriate sentence for a particular matter.
Senator ROBERTS: I’m at a loss for words. Anyway, thank you very much.
https://img.youtube.com/vi/GupVMa2vhzs/maxresdefault.jpg7201280Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2026-01-21 11:46:112026-01-21 11:46:14Culture is No Excuse for Crime
The Albanese Government has appointed an Illicit Tobacco and e-Cigarette Commissioner to tackle the illegal cigarette market. I asked what impact the $188 million already spent has had, and where the additional $156 million allocated for the next two years will go. I have serious concerns about waste, and the response I received did not provide clarity. These issues will need to be revisited in future Estimates as accounts and outcomes are released.
What’s clear is that there is no baseline for the Commissioner’s operations. I would have thought that the first step should’ve been to determine the size of the market, identify the crimes being committed, and calculate how much revenue the government is losing in duty. Those fundamental questions have not been asked. The Commissioner suggested that seizures was the benchmark of success. I strongly disagree. If the illegal market is booming, then naturally, seizures will increase—this metric does not reflect real progress.
I will continue to push for hard data showing a reduction in the illicit tobacco market as a result of this role. At present, it feels like a mechanism to shift blame without holding anyone accountable. If that proves true, One Nation would abolish this position.
— Senate Estimates | December 2025
Transcript
Senator ROBERTS: Thank you for appearing today. My questions are about the Illicit Tobacco and E-cigarette Commissioner. Is she in?
Ms Foster: Yes. We’ll just get the right officers up to the table for you. It will be a combination of the ITEC Commissioner and the ABF Commissioner.
Senator ROBERTS: I’ll try to be brief. The budget allocated $156.7 million over two years from 2025-26, to expand programs to tackle the illicit tobacco trade. What programs are they, please?
Ms Shuhyta: I think I might defer that to the ABF Commissioner. That money was referred to—sorry. There are two amounts of money. Could you just repeat the budget year that you were referring to?
Senator ROBERTS: ‘$156.7 million over two years from 2025-26 to expand programs to tackle’—
Ms Shuhyta: Yes. I can go through the number of agencies that have that. Sorry, I was thinking about the previous budget year, which went to ABF. Just let me get that list for you. So $49.4 million went to the Australian Federal Police to expand the Criminal Assets Confiscation Taskforce; $7 million went to support the Australian Border Force to utilise emerging technology to screen and detect more illicit tobacco at our borders; $19.9 million went to fund my office, the Illicit Tobacco and E-cigarette Commissioner’s office; $1.4 million went to establish a new international collaboration for regional assessment of criminal network behaviours—that’s where we’ve engaged the UN office of drug control to conduct an Asia-Pacific/Pacific regional threat assessment; $40 million went to support states and territories to establish local-level capability; $31.6 million went to strengthen compliance and enforcement functions under the Public Health (Tobacco and Other Products) Act 2023 and the Therapeutic Goods Act 1989; $4 million went to extend the national tobacco and e-cigarette public health campaign, to target motivations and behaviours of the people who use illicit tobacco; and $3.3 million went to the Commonwealth Director of Public Prosecutions to prosecute contraventions under the public health act and the Therapeutic Goods Act.
Senator ROBERTS: That’s quite a wide net. You were allocated $19.9 million, as you said, of this money, to administer your office. What is that being spent on?
Ms Shuhyta: That’s being spent on the functions that my office was set up to deliver under the Public Health (Tobacco and Other Products) Act. That includes activities that support intergovernmental governance functions, support national strategy development and implementation, support reporting on the size and consequence of the illicit market and support advice on new laws. It is staffing to undertake those functions.
Senator ROBERTS: How many staff do you have—full-time equivalents?
Ms Shuhyta: We are budgeted for 24 full-time equivalents at the moment. We have 12 APS staff and we are undertaking a recruitment process to fill the vacancies, and we have a number of contractors on board to assist with those functions.
Senator ROBERTS: How do the taxpayers know this cost is justified by the outcomes it generates? Have you got KPIs?
Ms Shuhyta: I have reporting obligations under the legislation.
Senator ROBERTS: What are your KPIs under the legislation?
Ms Shuhyta: I have to report on all enforcement actions and consequences undertaken in the last financial year and the size and nature of the illicit markets so we can monitor that year on, year out. It’s also on excise and customs equivalent duties evaded.
Senator ROBERTS: So you can track your effectiveness?
Ms Shuhyta: That should be able to assist us and monitor the intergovernmental activities that are responding to this issue.
Senator ROBERTS: How do you know whether or not you are being effective?
Ms Shuhyta: It’s a good question. My role is to enhance intergovernmental cooperation and coordination to bring the efforts together across states and territories, across portfolios and across multiple points of the supply and demand chain. The value-add that the office brings is to support that force multiplication effect instead of all of the separate agencies working separately.
Senator ROBERTS: I’d make the comment that with the AFP there I would have thought they would be better equipped, knowing their expertise in criminology or countering criminology, to do that. Do you have a starting point for your own measure of success? How many illegal cigarettes entered Australia in the last 12 months?
Ms Shuhyta: I think the ABF might have that data, in terms of cigarettes that they’ve seized coming into the border.
Mr Reynolds: To give an indication of how much we interdicted on the border, we interdicted 2.5 billion sticks of cigarette during the financial year 2024-25. We also interdicted over 439 tonnes of loose-leaf tobacco, and we interdicted six million vape devices and accessories during that financial year.
Senator ROBERTS: Those are pretty impressive figures. Do you have any idea from that, extrapolating, how many came into the country?
Mr Reynolds: That is an assessment that will be in a report provided by the ITEC Commissioner to the government.
Senator ROBERTS: Would it be possible to get that number on notice?
Mr Reynolds: That is a matter for the government.
Senator ROBERTS: Minister, would it be possible to get that number on notice?
Senator Watt: Which number was that?
Senator ROBERTS: The AFP man can tell you. It’s the number of cigarettes that would have come into the country illegally extrapolated from the number of captured or known cigarettes.
Senator Watt: I’ll take that on notice, and we’ll do our best to answer that question.
Ms Foster: If I could just revert to your last question to Ms Shuhyta, I think there are two points to make. The AFP has an incredibly important role in this mission, but it’s quite a specific role, consistent with their mandate. Ms Shuhyta’s role is to try and make the whole work as effectively as possible together. She’s got an example of the work she’s doing with police forces across the jurisdictions which will illustrate the kind of value that the office can add.
Mr Reynolds: May I also add that the Australian Federal Police is a member of the national disruption group, and their expertise is being used as a part of that group to break the illicit tobacco business model.
CHAIR: Final question, Senator Roberts.
Senator ROBERTS: In January 2024, Minister Butler announced:
TheAlbanese Government cracks down on illegal tobacco imports The Albanese Government has committed $188.5 million to crackdown on the importation of illegal tobacco.
It’s been almost two years now. There must be some tangible benefit for the money. Commissioner, what reduction in the importation of illegal tobacco has resulted from this initiative so far? I know of police in Queensland—I know of good citizens in Queensland—who are now going to the illicit tobacco trade because they see that the excise is so damn high.
Mr Reynolds: I mentioned the metrics before. That’s a 38 per cent increase compared to the previous financial year.
Senator ROBERTS: Is that what you’ve interdicted?
Mr Reynolds: That’s correct. I’ll just provide a very quick vignette from Queensland where, just recently, the Australian Border Force and the Queensland Police Service executed a series of warrants that resulted in one of the largest illicit tobacco and vape seizures in Queensland’s history. The total duty evaded for the combined seizures, of over 30.5 million cigarettes and 5.1 tonnes of tobacco, is estimated to be over $53.8 million with the estimated street value of over 4,000 vapes to be $20.05 million. It was an extremely successful joint operation between the Australian Border Force and the Queensland Police Service.
Senator ROBERTS: With respect, we can only assess whether it’s successful or not by comparing it to the total quantity of cigarettes coming in—tobacco and vapes coming in illegally—and finding their way to the market. Apparently that is still huge, and it’s causing crime around Australia with tobacconists getting firebombed.
Mr Reynolds: The fact that we’re able to conduct that successful operation—that breaks that particular criminal syndicate. It’s only through breaking the criminal syndicates that we can reduce the scourge of illicit tobacco in Australia.
Senator ROBERTS: Some people would argue that it’s only cutting the excise back to sensible levels that would break that, because people now find it’s worth going to the criminals to get their tobacco.
I raised with the Director of Public Prosecutions, Ms Raelene Sharpe, the facts of a recent State case in which the sentencing judge stated that a convicted paedophile received a reduced sentence because the offender came from a culture where sexual offences against children were more tolerated.
I asked what the prosecution’s stance would be if such an offence were to come before a Commonwealth court and was informed that a Commonwealth judge would also take cultural factors into account during sentencing.
I found this deeply concerning, as I believe sexual offences against children are among the most serious crimes. In my view, an offender’s cultural background should not diminish the gravity of such offences.
— Senate Estimates | October 2025
Transcript
Senator ROBERTS: Turning to another case, I’m alarmed by the recent trend in some states to reduce sentences for heinous crimes because of historical cultural experiences. I’ll get to the federal implications here. One recent state case—this is a state case I’m citing— involved a person from overseas who was convicted of child sexual offences and had his sentence reduced because the trial judge felt that, because of his previous exposure to such activity, it would be unfair for him to be severely punished if he believed what he was doing was not seriously wrong. I think that’s horrified a lot of Australians, and constituents have contacted us. Since when has the law reduced sentences simply because the defendant thought it was okay to commit sexual offences against children?
Ms Sharp: I’m not sure that that’s how the law operates; you’ve conflated a number of factors. When a sentence is imposed—I am really speaking about the role of courts here, which is outside my direct operation. When courts are determining what sentence to impose, they consider a whole range of factors. Many of those are set out in the Crimes Act, but some are set out by the common law, by the courts as they develop the law of sentencing over time. Those factors include the personal circumstances of both the victim and the offender.
Senator ROBERTS: A lot of our constituents would be very upset with the decision. They’re telling us they are. They think the judiciary needs to be re-educated, but that’s not for you; I accept that. Can you reassure the Australian public that such a claim would not result in a similar discount if the offence was a Commonwealth one?
Ms Sharp: Senator, I’m not sure precisely what the claim is. I can say that we make submissions to courts about what we think the appropriate sentence is—what we think are the appropriate factors relevant to sentencing, but those factors do include the personal circumstances of an offender. That’s simply the state of the law, and that’s set out in the provisions of the Crimes Act which deal with how sentences are to be imposed in relation to federal offences.
Senator ROBERTS: Isn’t it pretty clear cut that molesting a child, sexually abusing a child, sexually assaulting a child, is exactly that? The law would be pretty clear cut on that, wouldn’t it?
Ms Sharp: Is exactly an offence? Yes, it is an offence.
Senator ROBERTS: And the sentence would be lessened if the male comes from a country where paedophilia is allowed?
Ms Sharp: No. Senator, I’m not sure of the particular details of the case about which you’re speaking. At a general level, at a high level, the personal circumstances of an offender are relevant to determining what the appropriate sentence is for every case. It’s not a question of whether that lessens the gravity of the offence. It’s just one of the factors that go into the mix in determining what is the appropriate sentence for a particular matter.
Senator ROBERTS: I’m at a loss for words. Anyway, thank you very much.
https://img.youtube.com/vi/ZrAxvPbJ6jo/maxresdefault.jpg7201280Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2025-10-27 18:21:592025-10-27 18:22:07No Excuse for Abuse: Protecting Children Must Come First
The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill is yet another bill to fix yet another Labor-Liberal ‘uniparty’ immigration failure. It aims to fix the fallout from the High Court’s NZYQ decision, which enabled the release of serious criminal non-citizens into the community – murderers, armed robbers, paedophiles and even a contract killer.
This bill authorises deportation to Nauru—at a staggering cost of around $1M per person – and removes legal protections like natural justice for those being deported.
Tens of thousands of Australians marched nationwide to demand safer borders and an end to mass immigration. These protests weren’t about race or religion – they were about numbers, infrastructure strain and public safety. We want people who contribute to Australia’s society and economy, who assimilate into our way of life and help build national unity—not those that wish to divide the country.
Government’s job is simple: protect life, property, and freedom. Stop interfering—just keep Australians safe and free.
This march was just the beginning. It’s time to reclaim Australia.
Transcript
Here’s yet another bill to fix yet another Labor-Liberal ‘uniparty’ immigration failure. Australian lives are endangered as a result. This is one reason, just one of many, why people marched, in their tens of thousands—across Australia, from north to west to south—on Sunday. And then we have the Labor-Greens communist coalition smearing and denigrating everyday Australians for doing so.
The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 has come about as a result of the poor planning and forethought by the Labor government, and, previously to that, by the coalition when in government, allowing unregulated, unsuitable, dangerous immigrants into Australia without adequate screening as to suitability to enter Australia—murderers, armed robbers, paedophiles and a contract killer.
The current visa process, which has seen mass immigration into Australia of excessive, unsuitable migrants, is a clear policy failure by the Albanese Labor government. People have failed to be accepted as genuine refugees and been denied protection visas after multiple assessments, and the government has found that there are difficulties in deporting those people. We told them that. The coalition told them that. Many of these criminals have re-offended in the community—again, murderers, armed robbers, paedophiles and a contract killer.
Around 280 people—the criminals released as a result of the High Court decision in NZYQ—will be deported under these provisions at a rough cost of $1 million per head. That’s how much we’re supposed to be paying to Nauru. The Australian government has entered into a 30-year contract with the government of Nauru to accept deportees from Australia who are not allowed to remain in Australia. How about we don’t bring in these people in the first place and focus on prevention and protection of our country? It’s been speculated that about 1,000 people may be deported to Nauru over 30 years at a cost to Australia in excess of $1 billion. How about we don’t let in these people in the first place?
This bill is intended to fix this incredibly expensive mistake by the uni-party, which failed the Australian people by allowing criminals, rapists, murders and paedophiles to enter this country. They failed to properly check the criminal histories and cultural suitability of would-be immigrants to Australia. That’s what the people were on the streets about last Sunday, across Australia.
Australians are entitled to be safe from the activities of those who are criminals, the scum of society, who wish to bring their ideas of hate and acceptance of violence into our mostly safe Australian society. The Greens, whose behaviour and beliefs fall well short of acceptable standards, would welcome these poisonous people into our country. Australians want these criminal non-citizens gone. We demand that all immigrants have in-depth checks done as to their history and suitability to enter Australia. The existing processing system has failed us repeatedly. We have not been kept safe. We’ve been exposed to violent criminals.
What has the Albanese government done to date? It has lied to us about the number of unfiltered migrants entering Australia, with mass immigration continuing to occur. Last year’s estimates of net immigration were, in reality, exceeded by around 200,000 people. So the forecasted numbers were not only extraordinarily high; they were exceeded by 200,000. In previous years, the excess was 280,000. We have had more than half a million people coming into this country in net migration in years. What has Mr Albanese done? He promised that the next year they would be cut. They were increased. Then he promised again that they would be cut. They were increased.
The existence of this deportation option now means that, at last, there’s a real prospect of the removal from Australia of those released criminals, and it may allow the government to rearrest and detain those people released into the community after the decision in NZYQ. All this hinges on the contract with Nauru and the passing of legislation contained in this bill. It’s not enough, but it is welcome. I support this bill, which will go further in protecting innocent Australians from the failed immigration policies of the Albanese government and, historically, the coalition.
I want to go back to the protests to give people a voice in Australia. People are uneasy across Australia with mass immigration—not with migrants, but with mass immigration. The protests are not about religion, skin colour or past nationality. They’re about mass immigration. It’s about the numbers swamping our country, housing and homelessness. There’s record homelessness in my state of Queensland, from Cairns in the north to Coolangatta in the south. In every major provincial city in between there is record homelessness. It’s about swamping the infrastructure, traffic and services like education and hospitals. It’s also about mass immigration because mass immigration doesn’t adequately filter people. So it’s about the quality of people.
We want people who contribute to our society and our economy, who are productive from the moment their feet hit the shores of this country, not sending PBS drugs home or signing up for welfare. Most importantly of all, for the spirit of the country, the culture of the country, the cohesion of the country and the unity across the country, we want them to assimilate into Australia, not to change Australia but to be changed by Australia. We want people to fit into the country. That’s why we’ve got to stop this multicultural rubbish. Multiculturalism prevents assimilation. It ensures the past culture they’ve come from continues, and then we have a fractured country. I talked yesterday about this.
Government has three roles. That’s it. They are to protect life, protect property, protect freedom. Stay the hell out of people’s lives but give them a secure environment in which to live and a free environment. We need to restore Australia. Last Sunday was the first step in that. To people across the country, thank you so much for standing up. Thank you so much for reclaiming Australia. We want more. The Australian people need more.
Meet Andrew Jackson, the One Nation Candidate for Gladstone! Join us for a FREE open forum to ask questions, share your thoughts and explore One Nation’s solutions to the key issues facing Queenslanders.
Enjoy an evening with thought-provoking discussions and delicious food at the Gympie Sports Club.
This is a fantastic opportunity to chat with myself and Katy McCallum, ask questions and share your thoughts!
Join us for this paid event, which includes a delicious 3-course meal! Enjoy a selection of canapés, blini, tartlets, and sushi for starters. For the main course, choose between Beef Wellington or Mango Macadamia Chicken Filo, and finish off with a delightful Mango Macadamia Cheesecake.
I will be joining Wayne Ziebarth – One Nation for Scenic Rim – for an evening of discussion on issues that matter to you, your family and your community.
This is your chance to ask questions and share your thoughts!
If you plan on dining in, please book directly with the Bearded Dragon Hotel on (07) 5543 6888
Queensland has been identified as the “crime capital of Australia,” with nearly 300,000 residents falling victim to crime in the past year (9news.com.au | June 30, 2024).
It’s clear we need to take action! We all have a fundamental right to feel secure in our homes, workplaces, and communities.
Join us to discuss this and other pressing issues affecting many Queenslanders. This is your opportunity to share experiences, express your concerns, and learn about the solutions One Nation propose if elected in October. Change begins with the choices we make. To truly make a difference, we must reconsider who we send to Parliament. Together, we can create a safer Queensland!
Crime is out of control in Queensland and it’s affecting every single one of us. Too many in our community have suffered due to a broken system. With Queensland’s police force struggling under immense pressure, more officers are leaving than joining and courts keep releasing repeat offenders. The result? More crimes, more danger.
Innocent lives are at risk—whether it’s through reckless crashes involving stolen cars or home invasions. The financial toll is just as devastating: property damage, soaring insurance premiums, and thousands spent on extra security because the system can’t protect us.
Join us as we discuss this and other key issues that impact you and your family. Let’s stand together and demand stronger laws, more police and real consequences for those who commit these crimes.
There can be hope only for a society which acts as one big family, not as many separate ones – Anwar Sadat
📅 Wednesday, 4 September 2024
🕒 6 pm to 8 pm
📍 Cairns Showgrounds – De Jarlais Function Centre, 127-129 Mulgrave Rd, Parramatta Park
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2024/08/Cairns.png?fit=1080%2C1080&ssl=110801080Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2024-08-21 18:59:242024-08-22 07:40:27Cairns: Free Community Forum
Join me and Michelle Wilde, your One Nation Candidate for Clayfield, for this FREE community forum on Queensland’s Crime Crisis!
🗓️ Friday, 9 August 2024 🕒 6 pm to 10 pm 📍 Hamilton Hotel, 442 Kingsford Smith Drive, Hamilton
Queensland has recently been labeled ‘Australia’s Crime Capital,’ with nearly 300,000 residents affected by crime in the past year alone. The numbers are staggering: 58,479 assaults, 49,490 break-ins, and 18,210 car thefts—making Queensland’s crime rates 12% higher than New South Wales, despite its smaller population | https://senroberts.com/qld-crime.
This is an opportunity to share experiences and concerns with us and fellow residents.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2024/08/Michelle_CrimeCrisis_D1_V2_EventsGraphics.jpg?fit=1080%2C1080&ssl=110801080Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2024-08-02 11:35:352024-08-02 11:35:39Community Forum in Hamilton
RSVP here: 
Planning on dining in? Call the hotel on 
