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FAMILY VIOLENCE LEGISLATION AMENDMENT BILL 2022

2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Family Violence Legislation Amendment Bill 2022

Contents

Page

Part 1.1Children and Young People Act 200881

Part 1.2Crimes (Child Sex Offenders) Act 200581

Part 1.3Evidence Act 201182

Part 1.4Sex Work Act 199282

Part 1.5Supreme Court Act 193382

2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Family Violence Legislation Amendment Bill 2022

A Bill for

An Act to amend legislation about family violence, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Family Violence Legislation Amendment Act 2022

.

2 Commencement

This Act commences on the 7th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

• Crimes Act 1900

• Crimes (Sentencing) Act 2005

• Evidence (Miscellaneous Provisions) Act 1991

• Family Violence Act 2016

• Working With Vulnerable People (Background Checking) Act 2011

.

Note This Act also amends other legislation (see sch 1).

Part 2 Crimes Act 1900

4 New section 9A

in part 2, insert

9A Meaning of aggravated offence—pt 2

In this part:

aggravated offence—

(a) for an offence committed against a pregnant woman—see section 48A (2); and

(b) for an offence involving family violence—see section 48C (2).

5 Sections 15 (3), 19 (2), 20 (2), 21 (2), 23 (2) and 24 (2), note

substitute

Note Section 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.

6 Common assault

New section 26 (2)

insert

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 3 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

7 Acts endangering life etc

Section 27 (3)

omit everything after paragraph (h), substitute

is guilty of an offence punishable, on conviction, by imprisonment for—

(i) in the case of an aggravated offence against this section—13 years; or

(j) in any other case—10 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

8 Acts endangering health etc

Section 28 (2)

omit everything after paragraph (e), substitute

is guilty of an offence punishable, on conviction, by imprisonment for—

(f) in the case of an aggravated offence against this section—7 years; or

(g) in any other case—5 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

9 Culpable driving of motor vehicle

Section 29 (3), note

substitute

Note Section 48A (Aggravated offences—pt 2 offences against pregnant women) and s 48C (Aggravated offences—pt 2 offences involving family violence) make provision in relation to an aggravated offence against this section.

10 Threat to kill

Section 30 (b)

omit everything after paragraph (b), substitute

the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—

(c) in the case of an aggravated offence against this section—13 years; or

(d) in any other case—10 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

11 Threat to inflict grievous bodily harm

Section 31 (b)

omit everything after paragraph (b), substitute

the firstmentioned person is guilty of an offence punishable, on conviction, by imprisonment for—

(c) in the case of an aggravated offence against this section—7 years; or

(d) in any other case—5 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

12 Demands accompanied by threats

Section 32 (1)

omit

for 20 years.

substitute

for—

(d) in the case of an aggravated offence against this section—25 years; or

(e) in any other case—20 years.

13 Section 32 (2)

omit

for 10 years.

substitute

for—

(d) in the case of an aggravated offence against this section—13 years; or

(e) in any other case—10 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

14 Stalking

Section 35 (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence against this section—

(i) imprisonment for 7 years if—

(A) the offence involved a contravention of an injunction or other order made by a court; or

(B) the offender was in possession of an offensive weapon; or

(ii) in any other case—imprisonment for 3 years; or

(b) for an offence against this section other than an aggravated offence—

(i) imprisonment for 5 years if—

(A) the offence involved a contravention of an injunction or other order made by a court; or

(B) the offender was in possession of an offensive weapon; or

(ii) in any other case—imprisonment for 2 years.

Note Section 48C (Aggravated offences—pt 2 offences involving family violence) makes provision in relation to an aggravated offence against this section.

15 Section 48A heading

substitute

48A Aggravated offences—pt 2 offences against pregnant women

16 Section 48A (6), definition of applied provisions

omit

17 Section 48B heading

substitute

48B Alternative verdicts for aggravated offences—pt 2 offences against pregnant women

18 Section 48B (1)

substitute

(1) This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48B, the trier of fact—

(a) is not satisfied that the defendant committed the aggravated offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).

(1A) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.

19 Table 48B, item 4, column 3, 6th dot point

substitute

• section 26 (Common assault), simple offence

20 Table 48B, new items 4A and 4B

insert

21 Section 48B (2)

omit

22 New sections 48C and 48D

insert

48C Aggravated offences—pt 2 offences involving family violence

(1) This section applies to an offence against any of the following provisions:

(a) section 15 (Manslaughter);

(b) section 19 (Intentionally inflicting grievous bodily harm);

(c) section 20 (Recklessly inflicting grievous bodily harm);

(d) section 21 (Wounding);

(e) section 23 (Inflicting actual bodily harm);

(f) section 24 (Assault occasioning actual bodily harm);

(g) section 26 (Common assault);

(h) section 27 (Acts endangering life etc);

(i) section 28 (Acts endangering health etc);

(j) section 29 (Culpable driving of motor vehicle);

(k) section 30 (Threat to kill);

(l) section 31 (Threat to inflict grievous bodily harm);

(m) section 32 (Demands accompanied by threats);

(n) section 35 (Stalking).

(2) The offence is an aggravated offence if the offence involves family violence.

(3) If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.

(4) To remove any doubt—

(a) it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

(b) the Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence.

(5) In this section:

factor of aggravation means the matter mentioned in subsection (2).

Note The following sections also provide that particular offences involving family violence are aggravated offences:

(a) s 72AA (Aggravated offences—pt 3 offences involving family violence);

(b) s 72EA (Aggravated offences—pt 3A offences involving family violence);

(c) s 116 (Destroying or damaging property).

48D Alternative verdicts for aggravated offences—offences involving family violence

(1) This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 48D, the trier of fact—

(a) is not satisfied that the defendant committed the aggravated offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).

(2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

Table 48D

, section 6 (1), penalty, paragraph (a) (Negligent driving—causing death)

20

section 29 (4) (Culpable driving of motor vehicle—causing grievous bodily harm), aggravated offence

• section 29 (4), simple offence

• Road Transport (Safety and Traffic Management) Act 1999

, section 6 (1), penalty, paragraph (b) (Negligent driving—causing grievous bodily harm)

21

section 30 (Threat to kill), aggravated offence

• section 30, simple offence

22

section 31 (Threat to inflict grievous bodily harm), aggravated offence

• section 31, simple offence

23

section 32 (Demands accompanied by threats), aggravated offence

• section 32, simple offence

24

section 35 (Stalking), aggravated offence

• section 35, simple offence

23 Alternative verdicts for certain other offences against the person

Table 49

substitute

Table 49

, section 6 (1), penalty, paragraph (a) (Negligent driving)—causing death

15

section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm

• Road Transport (Safety and Traffic Management) Act 1999

, section 6 (1), penalty, paragraph (b) (Negligent driving)—causing grievous bodily harm

24 Section 50 heading

substitute

50 Definitions—pt 3

25 Section 50 (1), new definition of aggravated offence

insert

aggravated offence, for an offence involving family violence—see section 72AA (2).

26 Sexual assault in the first degree

New section 51 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 21 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

27 New section 51 (3)

insert

(3) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 25 years.

28 Sexual assault in the second degree

New section 52 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 18 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

29 New section 52 (3)

insert

(3) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 21 years.

30 Sexual assault in the third degree

New section 53 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

31 New section 53 (3)

insert

(3) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.

32 Sexual intercourse without consent

New section 54 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

33 New section 54 (2A)

insert

(2A) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.

34 Sexual intercourse with young person

New section 55 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 21 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

35 New section 55 (2A)

insert

(2A) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 18 years.

36 Section 56 heading

substitute

56 Persistent sexual abuse of child or young person under special care

37 Act of indecency in the first degree

New section 57 (2)

insert

(2) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 19 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

38 Act of indecency in the second degree

New section 58 (2)

insert

(2) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

39 Act of indecency in the third degree

New section 59 (2)

insert

(2) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 13 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

40 Act of indecency without consent

New section 60 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 9 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

41 New section 60 (2A)

insert

(2A) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 11 years.

42 Acts of indecency with young people

New section 61 (1A)

insert

(1A) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

43 New section 61 (2A)

insert

(2A) However, for an aggravated offence against subsection (2), the maximum penalty is imprisonment for 13 years.

44 Intimate observations or capturing visual data etc

Section 61B (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—250 penalty units, imprisonment for 3 years or both; or

(b) in any other case—200 penalty units, imprisonment for 2 years or both.

45 Section 61B (5), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—250 penalty units, imprisonment for 3 years or both; or

(b) in any other case—200 penalty units, imprisonment for 2 years or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

46 Abduction

New section 63 (2)

insert

(2) However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 13 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

47 Using child for production of child exploitation material etc

Section 64 (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or

(b) in any other case—1 500 penalty units, imprisonment for 15 years or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

48 Section 64 (3), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or

(b) in any other case—1 000 penalty units, imprisonment for 10 years or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

49 Trading in child exploitation material

Section 64A (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—1 500 penalty units, imprisonment for 15 years or both; or

(b) in any other case—1 200 penalty units, imprisonment for 12 years or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

50 Possessing child exploitation material

Section 65 (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or

(b) in any other case—700 penalty units, imprisonment for 7 years or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

51 Grooming and depraving young people

Section 66 (1), penalty

substitute

Maximum penalty:

(a) for a 1st offence against a person under 10 years—

(i) for an aggravated offence—imprisonment for 11 years; or

(ii) in any other case—imprisonment for 9 years; or

(b) for a 1st offence against a young person 10 years or older—

(i) for an aggravated offence—imprisonment for 9 years; or

(ii) in any other case—imprisonment for 7 years; or

(c) for a 2nd or subsequent offence against a person under 10 years—

(i) for an aggravated offence—imprisonment for 15 years; or

(ii) in any other case—imprisonment for 12 years; or

(d) for a 2nd or subsequent offence against a young person 10 years or older—

(i) for an aggravated offence—imprisonment for 13 years; or

(ii) in any other case—imprisonment for 10 years.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

52 Section 66 (3), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or

(b) in any other case—700 penalty units, imprisonment for 7 years or both.

53 Failure to report child sexual offence

Section 66AA (8), definition of applied provisions

omit

54 Making false report about child sexual offence

Section 66AB (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—125 penalty units, imprisonment for 16 months or both; or

(b) in any other case—100 penalty units, imprisonment for 12 months or both.

Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

55 Failure by person in authority to protect child or young person from sexual offence

Section 66A (5), definition of applied provisions

omit

56 New sections 72AA and 72AB

in part 3, insert

72AA Aggravated offences—pt 3 offences involving family violence

(1) This section applies to an offence against any of the following provisions:

(a) section 51 (Sexual assault in the first degree);

(b) section 52 (Sexual assault in the second degree);

(c) section 53 (Sexual assault in the third degree);

(d) section 54 (Sexual intercourse without consent);

(e) section 55 (Sexual intercourse with young person);

(f) section 57 (Act of indecency in the first degree);

(g) section 58 (Act of indecency in the second degree);

(h) section 59 (Act of indecency in the third degree);

(i) section 60 (Act of indecency without consent);

(j) section 61 (Acts of indecency with young people);

(k) section 61B (Intimate observations or capturing visual data etc);

(l) section 63 (Abduction);

(m) section 64 (Using child for production of child exploitation material etc);

(n) section 64A (Trading in child exploitation material);

(o) section 65 (Possessing child exploitation material);

(p) section 66 (Grooming and depraving young people);

(q) section 66AB (Making false report about child sexual offence).

(2) The offence is an aggravated offence if the offence involves family violence.

(3) If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.

(4) To remove any doubt—

(a) it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

(b) the Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence mentioned in subsection (1), whether or not it is an aggravated offence, unless the chapter applied to the offence before the commencement of this section.

Note The Criminal Code

does not apply to offences against this part that were offences in force before 1 January 2003 unless the offence is omitted and remade (see Criminal Code

, s 8).

(5) In this section:

factor of aggravation means the matter mentioned in subsection (2).

Note The following sections also provide that particular offences involving family violence are aggravated offences:

(a) s 48C (Aggravated offences—pt 2 offences involving family violence);

(b) s 72EA (Aggravated offences—pt 3A offences involving family violence);

(c) s 116 (Destroying or damaging property).

72AB Alternative verdicts for aggravated offences—offences involving family violence

(1) This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72AB, the trier of fact—

(a) is not satisfied that the defendant committed the aggravated offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).

(2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.

Table 72AB

57 Definitions—pt 3A

Section 72A, new definition of aggravated offence

insert

aggravated offence, for an offence involving family violence—see section 72EA (2).

58 Non-consensual distribution of intimate images

Section 72C, penalty

substitute

Maximum penalty:

(a) for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or

(b) in any other case—300 penalty units, imprisonment for 3 years or both.

Note Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

59 Distribution of intimate image of young person

Section 72D (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—600 penalty units, imprisonment for 6 years or both; or

(b) in any other case—500 penalty units, imprisonment for 5 years or both.

Note Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

60 Threaten to capture or distribute intimate images

Section 72E (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or

(b) in any other case—300 penalty units, imprisonment for 3 years or both.

Note Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

61 New sections 72EA and 72EB

insert

72EA Aggravated offences—pt 3A offences involving family violence

(1) This section applies to an offence against any of the following provisions:

(a) section 72C (Non-consensual distribution of intimate images);

(b) section 72D (Distribution of intimate image of young person);

(c) section 72E (Threaten to capture or distribute intimate images).

(2) The offence is an aggravated offence if the offence involves family violence.

(3) If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.

(4) To remove any doubt, it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation.

(5) In this section:

factor of aggravation means the matter mentioned in subsection (2).

Note  The following sections also provide that particular offences involving family violence are aggravated offences:

(a) s 48C (Aggravated offences—pt 2 offences involving family violence);

(b) s 72AA (Aggravated offences—pt 3 offences involving family violence);

(c) s 116 (Destroying or damaging property).

72EB Alternative verdicts for aggravated offences—offences involving family violence

(1) This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72EB, the trier of fact—

(a) is not satisfied that the defendant committed the aggravated offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence).

(2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.

Table 72EB

62 Sexual servitude offences

Section 79 (1), penalty and note

substitute

Maximum penalty:

(a) if a person who enters or remains in sexual servitude is younger than 18 years—imprisonment for 19 years; or

(b) in any other case—imprisonment for 15 years.

63 Section 79 (2), penalty and note

substitute

Maximum penalty:

(a) if a person in sexual servitude involved with the business is younger than 18 years—imprisonment for 19 years; or

(b) in any other case—imprisonment for 15 years.

64 Deceptive recruiting for sexual services

Section 80, penalty and note

substitute

Maximum penalty:

(a) if the deceived person is younger than 18 years old—imprisonment for 9 years; or

(b) in any other case—imprisonment for 7 years.

65 Sections 81 and 82

substitute

81 Sexual servitude offence etc against person younger than 18 years—charges and proof

In a prosecution for an offence against this part, if the prosecution intends to prove that the offence was committed against a person younger than 18 years old—

(a) the allegation that the offence was committed against a person younger than 18 years old must be stated in the charge; and

(b) the prosecution must prove that the defendant intended to commit, or was reckless about committing, the offence against a person younger than 18 years old.

82 Alternative verdicts—sexual servitude offence etc

(1) This section applies if, in a prosecution for an offence against section 79 or section 80, the trier of fact—

(a) is not satisfied that the defendant committed the offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed another offence against the section carrying a lesser penalty than the offence charged.

(2) The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.

66 Destroying or damaging property

Section 116 (1), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—imprisonment for 25 years; or

(b) in any other case—imprisonment for 20 years.

67 Section 116 (2), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—380 penalty units, imprisonment for 19 years or both; or

(b) in any other case—300 penalty units, imprisonment for 15 years or both.

68 Section 116 (3), penalty

substitute

Maximum penalty:

(a) for an aggravated offence—60 penalty units, imprisonment for 3 years or both; or

(b) in any other case—50 penalty units, imprisonment for 2 years or both.

69 New section 116 (4) to (7)

insert

(4) An offence against this section is an aggravated offence if the offence involves family violence.

(5) If the prosecution intends to prove that the offence is an aggravated offence, the factor of aggravation must be stated in the charge.

(6) To remove any doubt—

(a) it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

(b) the Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence against this section, whether or not it is an aggravated offence.

(7) In this section:

factor of aggravation means the matter mentioned in subsection (4).

Note  The following sections also provide that particular offences involving family violence are aggravated offences:

(a) s 48C (Aggravated offences—pt 2 offences involving family violence);

(b) s 72AA (Aggravated offences—pt 3 offences involving family violence);

(c) s 72EA (Aggravated offences—pt 3A offences involving family violence).

70 Section 123

substitute

123 Alternative verdicts—criminal damage to property offences

(1) This section applies if, in a prosecution for an offence against this division, the trier of fact—

(a) is not satisfied that the defendant committed the offence; but

(b) is satisfied beyond reasonable doubt that the defendant committed another offence against this division carrying a lesser penalty than the offence charged.

(2) The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.

71 Interviewing children and young people about offences

Section 252G (3), new definition of family member

insert

family member—see the Family Violence Act 2016

, section 9.

72 Summary disposal of certain cases at prosecutor’s election

New section 374 (1A)

insert

(1A) For subsection (1) (a), the penalty of imprisonment for an offence charged as an aggravated offence because it involves family violence is the penalty for the simple offence.

73 New section 374 (6A)

insert

(6A) In sentencing or otherwise dealing with a defendant in relation to an offence that is an aggravated offence because it involves family violence, the court must treat the family violence as an aggravating factor for the offence, subject to the limitation on the penalty under subsection (7).

Example

A defendant is charged with aggravated assault occasioning actual bodily harm under s 24 because the offence involves family violence. The prosecutor makes an election to have the case disposed of summarily, based on the maximum penalty of 5 years imprisonment for the simple offence. The court convicts the defendant and must impose a sentence or otherwise deal with the defendant in a way that, subject to the limitation on penalty in s (7), acknowledges the objective seriousness of family violence.

74 New section 434C

insert

434C Aggravated offence may allege more than 1 factor of aggravation

(1) A charge for an offence against this Act that the prosecution intends to prove is an aggravated offence may state more than 1 relevant factor of aggravation for the offence

Example

A defendant is charged with 1 count of assault occasioning actual bodily harm under s 24. The complainant is a pregnant woman and also a family member of the offender. The prosecution intends to prove the offence is an aggravated offence, relying on s 48A and s 72AA. The charge under s 24 may state the relevant factors of aggravation as an assault against a pregnant woman and an assault involving family violence.

(2) In this section:

relevant factor of aggravation—

(a) for an offence mentioned in section 48A (1) (Aggravated offences—pt 2 offences against pregnant women)—see section 48A (6); and

(b) for an offence mentioned in section 48C (1) (Aggravated offences—pt 2 offences involving family violence)—see section 48C (5); and

(c) for an offence mentioned in section 72AA (1) (Aggravated offences—pt 3 offences involving family violence)—see section 72AA (5); and

(d) for an offence mentioned in section 72EA (1) (Aggravated offences—pt 3A offences involving family violence)—see section 72EA (5); and

(e) for an offence against section 116 (Destroying or damaging property)—see section 116 (7).

75 Dictionary, definitions of aggravated offence and alternative offence

substitute

aggravated offence—

(a) for part 2 (Offences against the person)—

(i) for an offence committed against a pregnant woman—see section 48A (2); and

(ii) for an offence involving family violence—see section 48C (2); and

(b) for part 3 (Sexual offences)—see section 72AA (2); and

(c) for part 3A (Intimate image abuse)—see section 72EA (2).

alternative offence, for part 13 (Unfitness to plead and mental impairment)—see section 300 (1).

76 Dictionary, new definitions

insert

applied provisions—see the Criminal Code

, section 10 (1).

family violence—see the Family Violence Act 2016

, section 8.

fault element—see the Criminal Code

, section 17.

simple offence, in relation to a provision, means an offence against the provision that is not an aggravated offence against the provision.

Part 3 Crimes (Sentencing) Act 2005

77 New section 51A

51A Victim impact statements—adjournment of proceeding to allow preparation

(1) If the prosecution in a sentencing proceeding for a serious offence requests an adjournment for the preparation of a victim impact statement, the court must grant the adjournment for a reasonable period to allow the statement’s preparation.

(2) However, the court must not adjourn the proceeding if satisfied that special circumstances justify refusing the adjournment.

(3) In this section:

serious offence means an offence punishable by imprisonment for longer than 5 years.

78 Victim impact statements—effect

Section 53 (3) and (4)

substitute

Note The Evidence (Miscellaneous Provisions) Act 1991

, ch 6A deals with cross-examination of the maker of a victim impact statement.

Part 4 Evidence (Miscellaneous Provisions) Act 1991

79 Section 38 (2)

substitute

38A Meaning of family violence offence—ch 4

In this chapter:

family violence offence—see the Family Violence Act 2016

, dictionary.

80 Special requirements—particular proceedings

Section 43

omit

A provision mentioned in column 3 of a table for a proceeding

substitute

A provision mentioned in column 3 of a table in this section, for a particular proceeding,

81 Table 43.1, item 1, column 3

after 3rd dot point, insert

• div 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications)

82 Part 4.4 heading

substitute

Part 4.4 Special requirements—sexual offence and family violence offence proceedings

83 Division 4.4.3 heading

substitute

Division 4.4.3 Sexual and family violence offence proceedings—protection of counselling communications

84 Meaning of protected confidence—div 4.4.3

Section 79A (1)

after

sexual offence

insert

or family violence offence

85 Section 79A (2)

substitute

(2) A counselling communication is a protected confidence even if––

(a) it is made before the happening, or alleged happening, of the acts constituting the sexual offence or family violence offence; or

(b) it is not made in relation to––

(i) the sexual offence or any sexual offence; or

(ii) a condition arising from the sexual offence or any sexual offence; or

(iii) the family violence offence or any family violence offence; or

(iv) a condition arising from the family violence offence or any family violence offence.

86 Section 79A (5), new definition of family violence offence

insert

family violence offence includes alleged family violence offence.

87 No protected confidence immunity for medical information

Section 79K (a)

after

sexual offence

insert

or family violence offence

88 No protected confidence immunity for communications for criminal investigations and proceedings

Section 79L

after

sexual offence

insert

or family violence offence

89 New chapter 6A

insert

Chapter 6A Victim impact statements

95 Definitions—ch 6

In this chapter—

principal proceeding, for a victim impact statement, means the proceeding for which the statement was made.

victim impact statement—see the Crimes (Sentencing) Act 2005

, section 47.

96 Victim impact statements—cross-examination in principal proceeding

(1) The court must not allow the defence to cross-examine the maker of a victim impact statement about the contents of the statement before a finding of guilt has been made in the principal proceeding, unless the court is satisfied that the statement has substantial probative value to justify allowing the cross-examination.

(2) The court must not allow the defence to cross-examine the maker about the contents of the statement after a finding of guilt has been made in the principal proceeding unless—

(a) a lawyer representing the offender applies for leave to conduct the cross-examination, or if the offender is not legally represented the offender indicates to the court the nature of the proposed cross-examination; and

(b) the court is satisfied that the cross-examination would materially affect the likely sentence to be imposed on an offender; and

(c) the court gives the defence leave to cross-examine the maker.

(3) In this section:

defence means—

(a) any lawyer representing a defendant or offender; or

(b) if the defendant or offender is not legally represented—the defendant or offender.

97 Victim impact statements—use in other proceeding

(1) A victim impact statement must not be used in a proceeding other than the principal proceeding unless—

(a) a finding of guilt has been made in the principal proceeding; or

(b) the court hearing the principal proceeding—

(i) is satisfied, on application by a party seeking to use the statement in another proceeding, that the statement has substantial probative value to justify the party’s use of the statement; and

(ii) makes an order allowing the statement to be used.

(2) An order under subsection (1) (b) (ii) may include any conditions the court considers appropriate having regard to the nature of the alleged offence and the circumstances of the maker of the statement.

90 Dictionary, definition of family member

substitute

family member, for part 4.2 (What special requirements apply to particular proceedings)—see the Family Violence Act 2016

, section 9.

91 Dictionary, new definitions

insert

family violence offence, for chapter 4 (Sexual, violent and family violence offence proceedings)—see the Family Violence Act 2016

, dictionary.

principal proceeding, for chapter 6A (Victim impact statements)—see section 95.

victim impact statement, for chapter 6A (Victim impact statements)—see the Crimes (Sentencing) Act 2005

, section 47.

92 Further amendments, mentions of division 4.4.3 (Sexual offence proceedings—protection of counselling communications)

omit

division 4.4.3 (Sexual offence proceedings—protection of counselling communications)

substitute

division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications)

in

dictionary, definitions of

civil proceeding

counselling

counsellor

criminal proceeding, paragraph (b)

document recording a protected confidence

harm

preliminary criminal proceeding

proceeding, paragraph (d)

protected confidence

protected confidence evidence

Part 5 Family Violence Act 2016

93 Meaning of family violence

New section 8 (2) (f)

insert

(f) harmful use of, or interference with, technology.

Examples—par (f)

1 use of an electronic device to publish intimate images of a family member without the member’s consent

2 causing a computer system to deny access to a family member who is an authorised user of the system

3 using an electronic messaging system to send abusive or threatening messages or images to a family member

4 using software to track a family member’s whereabouts or computer use

5 creating a false social media account to disseminate adverse information about a family member

6 using social media to publish intimate images of a person without the person’s consent

94 New section 156

in division 10.2, insert

156 Review of Act

(1) The Minister must—

(a) review the operation and effectiveness of this Act as soon as practicable after the end of 3 years after this section commences; and

(b) present a report of the review to the Legislative Assembly before the end of 4 years after this section commences.

(2) This section expires 5 years after the day it commences.

95 Dictionary, definition of family violence offence

substitute

family violence offence—an offence is a family violence offence if the conduct making up the offence is family violence.

Part 6 Working with Vulnerable People (Background Checking) Act 2011

96 Disqualifying offences

Schedule 3, parts 3.2 and 3.3

substitute

Part 3.2 Class A disqualifying offences

Note An offence mentioned in this part is a class B disqualifying offence for a person engaged, or seeking registration to engage, in a kinship care activity (see s 11B).

, s 12

murder

2

Criminal Code

, s 44

attempt

to commit murder

3

Crimes Act

, s 29 (2)

culpable driving of motor vehicle, causing death

intent to cause death

4

Crimes Act

, s 29 (2) and s 48A (2)

culpable driving of motor vehicle, causing death

(aggravated offence—against pregnant woman)

intent to cause death

5

Crimes Act

, s 29 (2) and s 48C (2)

culpable driving of motor vehicle, causing death

(aggravated offence—involving family violence)

intent to cause death

Acts intended to cause injury

6

Crimes Act

, s 19

intentionally inflict grievous bodily harm

offence against vulnerable person

7

Crimes Act

, s 19 and s 48A (2)

intentionally inflict grievous bodily harm

(aggravated offence—against pregnant woman)

offence against vulnerable person

8

Crimes Act

, s 19 and s 48C (2)

intentionally inflict grievous bodily harm

(aggravated offence—involving family violence)

offence against vulnerable person

9

Crimes Act

, s 20

recklessly inflict grievous bodily harm

offence against vulnerable person

10

Crimes Act

, s 20 and s 48A (2)

recklessly inflict grievous bodily harm

(aggravated offence—against pregnant woman)

offence against vulnerable person

11

Crimes Act

, s 20 and s 48C (2)

recklessly inflict grievous bodily harm

(aggravated offence—involving family violence)

offence against vulnerable person

12

Crimes Act

, s 21

wounding

offence against vulnerable person

13

Crimes Act

, s 21 and s 48A (2)s

wounding

(aggravated offence—against pregnant woman)

offence against vulnerable person

14

Crimes Act

, s 21 and s 48C (2)

wounding

(aggravated offence—involving family violence)

offence against vulnerable person

15

Crimes Act

, s 22

assault with intent to commit other offence

offence against vulnerable person

16

Crimes Act

, s 23

inflict actual bodily harm

offence against vulnerable person

17

Crimes Act

, s 23 and s 48A (2)

inflict actual bodily harm

(aggravated offence—against pregnant woman)

offence against vulnerable person

18

Crimes Act

, s 23 and s 48C (2)

inflict actual bodily harm

(aggravated offence—involving family violence)

offence against vulnerable person

19

Crimes Act

, s 24

assault occasioning actual bodily harm

offence against vulnerable person

20

Crimes Act

, s 24 and s 48A (2)

assault occasioning actual bodily harm

(aggravated offence—against pregnant woman)

offence against vulnerable person

21

Crimes Act

, s 24 and s 48C (2)

assault occasioning actual bodily harm

(aggravated offence—involving family violence)

offence against vulnerable person

22

Crimes Act

, s 25

cause grievous bodily harm

offence against vulnerable person

23

Crimes Act

, s 27 (3) (a)

acts endangering life—chokes, suffocates or strangles

offence against vulnerable person

24

Crimes Act

, s 27 (3) (a) and s 48C (2)

acts endangering life—chokes, suffocates or strangles

(aggravated offence—involving family violence)

offence against vulnerable person

25

Crimes Act

, s 27 (3) (b)

acts endangering life—administer stupefying or overpowering drug

offence against vulnerable person

26

Crimes Act

, s 27 (3) (b) and s 48C (2)

acts endangering life—administer stupefying or overpowering drug

(aggravated offence—involving family violence)

offence against vulnerable person

27

Crimes Act

, s 27 (3) (c)

acts endangering life—use offensive weapon

offence against vulnerable person

28

Crimes Act

, s 27 (3) (c) and s 48C (2)

acts endangering life—use offensive weapon

(aggravated offence—involving family violence)

offence against vulnerable person

29

Crimes Act

, s 27 (3) (e)

acts endangering life—cause explosion etc

offence against vulnerable person

30

Crimes Act

, s 27 (3) (e) and s 48C (2)

acts endangering life—cause explosion etc

(aggravated offence—involving family violence)

offence against vulnerable person

31

Crimes Act

,

s 27 (3) (f)

acts endangering life—set trap

offence against vulnerable person

32

Crimes Act

,

s 27 (3) (f) and s 48C (2)

acts endangering life—set trap

(aggravated offence—involving family violence)

offence against vulnerable person

33

Crimes Act

, s 27 (3) (g)

acts endangering life—interfere with conveyance, transport facility or public utility service

offence against vulnerable person

34

Crimes Act

, s 27 (3) (g) and s 48C (2)

acts endangering life—interfere with conveyance, transport facility or public utility service

(aggravated offence—involving family violence)

offence against vulnerable person

35

Crimes Act

, s 36

torture

offence against vulnerable person

36

Crimes Act

, s 43

childbirth—grievous bodily harm with intent

offence against vulnerable person

37

Crimes Act

, s 74

prohibition of female genital mutilation

offence against vulnerable person

38

Crimes Act

, s 75

remove child from ACT for genital mutilation

Sexual assault and related offences

39

Crimes Act

, s 51

sexual assault in first degree

offence against vulnerable person

40

Crimes Act

, s 51 and s 72AA (2)

sexual assault in first degree

(aggravated offence—involving family violence)

offence against vulnerable person

41

Crimes Act

, s 52

sexual assault in second degree

offence against vulnerable person

42

Crimes Act

, s 52 and s 72AA (2)

sexual assault in second degree

(aggravated offence—involving family violence)

offence against vulnerable person

43

Crimes Act

, s 53

sexual assault in third degree

offence against vulnerable person

44

Crimes Act

, s 53 and s 72AA (2)

sexual assault in third degree

(aggravated offence—involving family violence)

offence against vulnerable person

45

Crimes Act

, s 54

sexual intercourse without consent

offence against vulnerable person

46

Crimes Act

, s 54 and s 72AA (2)

sexual assault without consent

(aggravated offence—involving family violence)

offence against vulnerable person

47

Crimes Act

, s 55 (1)

sexual intercourse with young person (under 10 years old)

48

Crimes Act

, s 55 (1) and s 72AA (2)

sexual intercourse with young person (under 10 years old)

(aggravated offence—involving family violence)

49

Crimes Act

, s 55 (2)

sexual intercourse with young person (under 16 years old)

offence other than within young adult relationship

50

Crimes Act

, s 55 (2) and s 72AA (2)

sexual intercourse with young person (under 16 years old)

(aggravated offence—involving family violence)

offence other than within young adult relationship

51

Crimes Act

, s 55A

sexual intercourse with young person under special care

52

Crimes Act

, s 56

maintain sexual relationship with young person or person under special care

53

Crimes Act

, s 57

act of indecency in first degree

offence against vulnerable person

54

Crimes Act

, s 57 and s 72AA (2)

act of indecency in first degree

(aggravated offence—involving family violence)

offence against vulnerable person

55

Crimes Act

, s 58

act of indecency in second degree

offence against vulnerable person

56

Crimes Act

, s 58 and s 72AA (2)

act of indecency in second degree

(aggravated offence—involving family violence)

offence against vulnerable person

57

Crimes Act

, s 59

act of indecency in third degree

offence against vulnerable person

58

Crimes Act

, s 59 and s 72AA (2)

act of indecency in third degree

(aggravated offence—involving family violence)

offence against vulnerable person

59

Crimes Act

, s 60

act of indecency without consent

offence against vulnerable person

60

Crimes Act

, s 60 and s 72AA (2)

act of indecency without consent

(aggravated offence—involving family violence)

offence against vulnerable person

61

Crimes Act

, s 61 (1)

act of indecency without consent (child under 10 years old)

62

Crimes Act

, s 61 (1) and s 72AA (2)

act of indecency without consent (child under 10 years old)

(aggravated offence—involving family violence)

63

Crimes Act

, s 61 (2)

act of indecency without consent (child under 16 years)

offence other than within young adult relationship

64

Crimes Act

, s 61 (2) and s 72AA (2)

act of indecency without consent (child under 16 years)

(aggravated offence—involving family violence)

offence other than within young adult relationship

65

Crimes Act

, s 61A

act of indecency with young person under special care

66

Crimes Act

, s 62 (1)

incest (under 10 years)

67

Crimes Act

, s 62 (2)

incest (under 16 years)

offence against child under 13 years

68

Crimes Act

, s 64 (1)

use etc child under 12 years for production of child exploitation material

69

Crimes Act

, s 64 (1) and s 72AA (2)

use etc child under 12 years for production of child exploitation material

(aggravated offence—involving family violence)

70

Crimes Act

, s 64 (3)

use etc child 12 years or older for production of child exploitation material

71

Crimes Act

, s 64 (3) and s 72AA (2)

use etc child 12 years or older for production of child exploitation material

(aggravated offence—involving family violence)

72

Crimes Act

, s 64A

trade in child exploitation material

73

Crimes Act

, s 64A and s 72AA (2)

trade in child exploitation material

(aggravated offence—involving family violence)

74

Crimes Act

, s 65

possess child exploitation material

75

Crimes Act

, s 65 and s 72AA (2)

possess child exploitation material

(aggravated offence—involving family violence)

76

Crimes Act

, s 66 (1) (a)

grooming—encourage young person to commit etc act of sexual nature

77

Crimes Act

, s 66 (1) (a) and s 72AA (2)

grooming—encourage young person to commit etc act of sexual nature

(aggravated offence—involving family violence)

78

Crimes Act

, s 66 (1) (b)

grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature

79

Crimes Act

, s 66 (1) (b) and s 72AA (2)

grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature

(aggravated offence—involving family violence)

80

Crimes Act

, s 66 (1) (c)

grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature

81

Crimes Act

, s 66 (1) (c) and s 72AA (2)

grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature

(aggravated offence—involving family violence)

82

Crimes Act

, s 79 (1)

sexual servitude—cause person to enter or remain in

offence against vulnerable person

83

Crimes Act

, s 79 (2)

sexual servitude—conduct business involving

offence against vulnerable person

84

Crimes Act

, s 80

deceptive recruiting for sexual services

offence against vulnerable person

85

Sex Work Act

, s 20

cause child to provide commercial sexual services etc

Abduction, harassment and related offences

86

Crimes Act

, s 37

abduction of young person

offence against child other than family member

87

Crimes Act

, s 38

kidnapping

offence against child other than family member

88

Crimes Act

, s 40

unlawfully take child etc

offence against child other than family member

89

Crimes Act

, s 63

abduction

offence against vulnerable person

Public order offences

90

Crimes Act

, s 63A

bestiality

Part 3.3 Class B disqualifying offences

, s 15

manslaughter

2

Crimes Act

, s 15 and s 48A (2)

manslaughter

(aggravated offence—against pregnant woman)

3

Crimes Act

, s 15 and s 48C (2)

manslaughter

(aggravated offence—involving family violence)

4

Crimes Act

, s 17 (1)

suicide—aids or abets

5

Crimes Act

, s 17 (2)

suicide—incites or counsels

6

Crimes Act

, s 29 (2)

culpable driving of motor vehicle—cause death

without intent to cause death

7

Crimes Act

, s 29 (2) and s 48A (2)

culpable driving of motor vehicle—cause death

(aggravated offence—against pregnant woman)

without intent to cause death

8

Crimes Act

, s 29 (2) and s 48C (2)

culpable driving of motor vehicle—cause death

(aggravated offence—involving family violence)

without intent to cause death

9

Crimes Act

, s 42

child destruction

10

Road Transport (Safety and Traffic Management) Act

, s 6 (1)

drive motor vehicle negligently

causes death

Acts intended to cause injury

11

Crimes Act

, s 19

intentionally inflict grievous bodily harm

offence other than against vulnerable person

12

Crimes Act

, s 19 and s 48A (2)

intentionally inflict grievous bodily harm

(aggravated offence—against pregnant woman)

offence other than against vulnerable person

13

Crimes Act

, s 19 and s 48C (2)

intentionally inflict grievous bodily harm

(aggravated offence—involving family violence)

offence other than against vulnerable person

14

Crimes Act

, s 20

recklessly inflict grievous bodily harm

offence other than against vulnerable person

15

Crimes Act

, s 20 and s 48A (2)

recklessly inflict grievous bodily harm

(aggravated offence—against pregnant woman)

offence other than against vulnerable person

16

Crimes Act

, s 20 and s 48C (2)

recklessly inflict grievous bodily harm

(aggravated offence—involving family violence)

offence other than against vulnerable person

17

Crimes Act

, s 21

wounding

offence other than against vulnerable person

18

Crimes Act

, s 21 and s 48A (2)

wounding

(aggravated offence—against pregnant woman)

offence other than against vulnerable person

19

Crimes Act

, s 21 and s 48C (2)

wounding

(aggravated offence—involving family violence)

offence other than against vulnerable person

20

Crimes Act

, s 22

assault with intent to commit other offence

offence other than against vulnerable person

21

Crimes Act

, s 23

inflict actual bodily harm

offence other than against vulnerable person

22

Crimes Act

, s 23 and s 48A (2)

inflict actual bodily harm

(aggravated offence—against pregnant woman)

offence other than against vulnerable person

23

Crimes Act

, s 23 and s 48C (2)

inflict actual bodily harm

(aggravated offence—involving family violence)

offence other than against vulnerable person

24

Crimes Act

, s 24

assault occasioning actual bodily harm

offence other than against vulnerable person

25

Crimes Act

, s 24 and s 48A (2)

assault occasioning actual bodily harm

(aggravated offence—against pregnant woman)

offence other than against vulnerable person

26

Crimes Act

, s 24 and s 48C (2)

assault occasioning actual bodily harm

(aggravated offence—involving family violence)

offence other than against vulnerable person

27

Crimes Act

, s 25

cause grievous bodily harm

offence other than against vulnerable person

28

Crimes Act

, s 27 (3) (a)

acts endangering life—chokes, suffocates or strangles

offence other than against vulnerable person

29

Crimes Act

, s 27 (3) (a) and s 48C (2)

acts endangering life—chokes, suffocates or strangles

(aggravated offence—involving family violence)

offence other than against vulnerable person

30

Crimes Act

, s 27 (3) (b)

acts endangering life—administer stupefying or overpowering drug

offence other than against vulnerable person

31

Crimes Act

, s 27 (3) (b) and s 48C (2)

acts endangering life—administer stupefying or overpowering drug

(aggravated offence—involving family violence)

offence other than against vulnerable person

32

Crimes Act

, s 27 (3) (c)

acts endangering life—use offensive weapon

offence other than against vulnerable person

33

Crimes Act

, s 27 (3) (c) and s 48C (2)

acts endangering life—use offensive weapon

(aggravated offence—involving family violence)

offence other than against vulnerable person

34

Crimes Act

, s 27 (3) (e)

acts endangering life—cause explosion etc

offence other than against vulnerable person

35

Crimes Act

, s 27 (3) (e) and s 48C (2)

acts endangering life—cause explosion etc

(aggravated offence—involving family violence)

offence other than against vulnerable person

36

Crimes Act

,

s 27 (3) (f)

acts endangering life—set trap

offence other than against vulnerable person

37

Crimes Act

,

s 27 (3) (f) and s 48C (2)

acts endangering life—set trap

(aggravated offence—involving family violence)

offence other than against vulnerable person

38

Crimes Act

, s 27 (3) (g)

acts endangering life—interfere with conveyance, transport facility or public utility service

offence other than against vulnerable person

39

Crimes Act

, s 27 (3) (g) and s 48C (2)

acts endangering life—interfere with conveyance, transport facility or public utility service

(aggravated offence—involving family violence)

offence other than against vulnerable person

40

Crimes Act

, s 36

torture

offence other than against vulnerable person

41

Crimes Act

, s 74

prohibition of female genital mutilation

offence other than against vulnerable person

Sexual assault and related offences

42

Crimes Act

, s 51

sexual assault in first degree

offence other than against vulnerable person

43

Crimes Act

,

s 51 and s 72AA (2)

sexual assault in first degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

44

Crimes Act

, s 52

sexual assault in second degree

offence other than against vulnerable person

45

Crimes Act

,

s 52 and s 72AA (2)

sexual assault in second degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

46

Crimes Act

, s 53

sexual assault in third degree

offence other than against vulnerable person

47

Crimes Act

,

s 53 and s 72AA (2)

sexual assault in third degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

48

Crimes Act

, s 54

sexual intercourse without consent

offence other than against vulnerable person

49

Crimes Act

,

s 54 and s 72AA (2)

sexual intercourse without consent

(aggravated offence—involving family violence)

offence other than against vulnerable person

50

Crimes Act

, s 55 (2)

sexual intercourse with young person (under 16 years old)

offence within young adult relationship

51

Crimes Act

,

s 55 (2) and s 72AA (2)

sexual intercourse with young person (under 16 years old)

(aggravated offence—involving family violence)

offence within young adult relationship

52

Crimes Act

, s 57

act of indecency in first degree

offence other than against vulnerable person

53

Crimes Act

,

s 57 and s 72AA (2)

act of indecency in first degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

54

Crimes Act

, s 58

act of indecency in second degree

offence other than against vulnerable person

55

Crimes Act

,

s 58 and s 72AA (2)

act of indecency in second degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

56

Crimes Act

, s 59

act of indecency in third degree

offence other than against vulnerable person

57

Crimes Act

,

s 59 and s 72AA (2)

act of indecency in third degree

(aggravated offence—involving family violence)

offence other than against vulnerable person

58

Crimes Act

, s 60

act of indecency without consent

offence other than against vulnerable person

59

Crimes Act

,

s 60 and s 72AA (2)

act of indecency without consent

(aggravated offence—involving family violence)

offence other than against vulnerable person

60

Crimes Act

, s 61 (2)

act of indecency without consent (child under 16 years)

offence within young adult relationship

61

Crimes Act

,

s 61 (2) and s 72AA (2)

act of indecency without consent (child under 16 years)

(aggravated offence—involving family violence)

offence within young adult relationship

62

Crimes Act

, s 61B (1)

observe with device or capture visual data—other person

offence against vulnerable person

63

Crimes Act

,

s 61B (1) and s 72AA (2)

observe with device or capture visual data—other person

(aggravated offence—involving family violence)

offence against vulnerable person

64

Crimes Act

, s 61B (5)

observe with device or capture visual data—other person’s genital/ anal region or breasts

offence against vulnerable person

65

Crimes Act

,

s 61B (5) and s 72AA (2)

observe with device or capture visual data—other person’s genital/ anal region or breasts

(aggravated offence—involving family violence)

offence against vulnerable person

66

Crimes Act

, s 62 (2)

incest (under 16 years)

offence against child 13 years or older

67

Crimes Act

, s 62 (3)

incest (16 years or older)

offence other than against vulnerable person

68

Crimes Act

, s 72C

non-consensual distribution of intimate images

offence against vulnerable person

69

Crimes Act

,

s 72C and s 72EA (2)

non-consensual distribution of intimate images

(aggravated offence—involving family violence)

offence against vulnerable person

70

Crimes Act

, s 72D

Distribution of intimate image of young person

71

Crimes Act

,

s 72D and s 72EA (2)

Distribution of intimate image of young person

(aggravated offence—involving family violence)

72

Crimes Act

, s 79 (1)

sexual servitude—cause person to enter or remain in

offence other than against vulnerable person

73

Crimes Act

, s 79 (2)

sexual servitude—conduct business involving

offence other than against vulnerable person

74

Crimes Act

, s 80

deceptive recruiting for sexual services

offence other than against vulnerable person

Dangerous or negligent acts endangering others

75

Crimes Act

, s 39

neglect etc of children

76

Crimes Act

, s 41

expose or abandon child

Abduction, harassment and related offences

77

Crimes Act

, s 38

kidnapping

offence against child family member or person other than a vulnerable person

78

Crimes Act

, s 63

abduction

offence against child family member or person other than a vulnerable person

Fraud, deception and related offences

79

Criminal Code

, s 326

obtain property by deception

offence against vulnerable person

80

Criminal Code

, s 332

obtain financial advantage by deception

offence against vulnerable person

81

Criminal Code

, s 333

general dishonesty

82

Criminal Code

, s 334

conspiracy to defraud

offence against vulnerable person

83

Criminal Code

, s 336

pass valueless cheques

offence against vulnerable person

84

Criminal Code

, s 336A

make false statements on oath or in statutory declarations

85

Criminal Code

, s 337

make false or misleading statements

86

Criminal Code

, s 338

give false or misleading information

offence against vulnerable person

87

Criminal Code

, s 339

produce false or misleading documents

offence against vulnerable person

88

Criminal Code

, s 346

forgery

offence against vulnerable person

89

Criminal Code

, s 347

use false document

offence against vulnerable person

90

Criminal Code

, s 348

possess false document

offence against vulnerable person

91

Criminal Code

, s 351

false statement by officer of body

Illicit drug offences

92

Criminal Code

, s 603 (1)

traffic controlled drug—large commercial quantity

93

Criminal Code

, s 603 (3)

traffic controlled drug—commercial quantity

94

Criminal Code

, s 603 (5)

traffic controlled drug—trafficable quantity of cannabis

95

Criminal Code

, s 603 (7)

traffic controlled drug—controlled drug other than cannabis

96

Criminal Code

, s 603 (8)

traffic controlled drug—cannabis

97

Criminal Code

,

s 607 (1)

manufacture controlled drug to sell—large commercial quantity

98

Criminal Code

,

s 607 (3)

manufacture controlled drug to sell—commercial quantity

99

Criminal Code

,

s 607 (5)

manufacture controlled drug to sell

100

Criminal Code

,

s 609

manufacture controlled drug

101

Criminal Code

,

s 610 (1)

sell controlled precursor—large commercial quantity

102

Criminal Code

,

s 610 (3)

sell controlled precursor—commercial quantity

103

Criminal Code

,

s 610 (5)

sell controlled precursor for manufacture

104

Criminal Code

,

s 611 (1)

manufacture controlled precursor—large commercial quantity

105

Criminal Code

,

s 611 (3)

manufacture controlled precursor to sell—large commercial quantity

106

Criminal Code

,

s 611 (5)

manufacture controlled precursor—commercial quantity

107

Criminal Code

,

s 611 (7)

manufacture controlled precursor to sell—commercial quantity

108

Criminal Code

,

s 611 (9)

manufacture controlled precursor

109

Criminal Code

,

s 611 (10)

manufacture controlled precursor to sell

110

Criminal Code

,

s 612 (1)

possess controlled precursor—large commercial quantity

111

Criminal Code

,

s 612 (3)

possess controlled precursor—commercial quantity

112

Criminal Code

,

s 612 (5)

possess controlled precursor

113

Criminal Code

,

s 613 (1)

supply substance, equipment or document for drug manufacture

114

Criminal Code

,

s 613 (2)

possess substance, equipment or document to supply for drug manufacture

115

Criminal Code

,

s 614

possess substance, equipment or document for drug manufacture

116

Criminal Code

,

s 616 (1)

cultivate controlled plant to sell—large commercial quantity

117

Criminal Code

,

s 616 (3)

cultivate controlled plant to sell—commercial quantity

118

Criminal Code

,

s 616 (5)

cultivate controlled plant to sell—trafficable quantity

119

Criminal Code

,

s 616 (7)

cultivate other controlled plant to sell

120

Criminal Code

,

s 616 (8)

cultivate cannabis plant to sell

121

Criminal Code

,

s 618 (1)

cultivate controlled plant other than cannabis plant

122

Criminal Code

, s 619 (1)

sell controlled plant—large commercial quantity

123

Criminal Code

, s 619 (3)

sell controlled plant—commercial quantity

124

Criminal Code

, s 619 (5)

sell controlled plant—trafficable quantity of cannabis plant

125

Criminal Code

, s 619 (7)

sell controlled plant—controlled plant other than cannabis plant

126

Criminal Code

, s 619 (8)

sell controlled plant—cannabis plant

127

Criminal Code

,

s 620 (1)

supply controlled plant, product, equipment or document—cultivation

128

Criminal Code

,

s 620 (2)

possess controlled plant, product, equipment or document—intent to supply to another

129

Criminal Code

,

s 621

possess controlled plant, product, equipment or document—cultivation

130

Criminal Code

, s 622 (1)

supply controlled drug to child for selling—commercial quantity

131

Criminal Code

, s 622 (3)

supply controlled drug to child for selling

132

Criminal Code

, s 624 (1)

procure child to traffic in controlled drug—commercial quantity

133

Criminal Code

, s 624 (4)

procure child to traffic in controlled drug

134

Criminal Code

, s 625

supply controlled drug to child

135

Drugs of Dependence Act

, s 164 (2)

sell or supply drug of dependence

136

Drugs of Dependence Act

, s 164 (3)

sell or supply prohibited substance

Public order offences

137

Animal Welfare Act

, s 7A

aggravated cruelty

Schedule 1 Consequential amendments

(see s 3)

Part 1.1 Children and Young People Act 2008

[1.1] Section 246, definition of privileged, paragraph (b)

substitute

(b) it includes a protected confidence under the Evidence (Miscellaneous Provisions) Act 1991

, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

Part 1.2 Crimes (Child Sex Offenders) Act 2005

[1.2] Schedule 1, part 1.1, item 12

substitute

Part 1.3 Evidence Act 2011

[1.3] Section 126F (3), except note

substitute

(3) This division does not apply in relation to a protected confidence within the meaning of the Evidence (Miscellaneous Provisions) Act 1991

, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

Part 1.4 Sex Work Act 1992

[1.4] Schedule 1, item 16

substitute

Part 1.5 Supreme Court Act 1933

[1.5] Schedule 2, part 2.2, item 12

substitute

56

persistent sexual abuse of child or young person under special care

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 10 February 2022.

2 Notification

Notified under the Legislation Act

on 2022.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.

© Australian Capital Territory 2022

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