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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crimes Legislation Amendment (Sexual
Crimes Against Children and
Community Protection Measures) Bill
2017
No. , 2017
(Justice)
A Bill for an Act to amend legislation relating to the
criminal law, and for related purposes
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Revocation of parole order or licence to protect
safety
3
Crimes Act 1914
3
Schedule 2--Use of video recordings
4
Crimes Act 1914
4
Schedule 3--Cross-examination of vulnerable persons at
committal proceedings
5
Crimes Act 1914
5
Schedule 4--Strengthening child sex offences
7
Criminal Code Act 1995
7
Schedule 5--Increased penalties
17
Criminal Code Act 1995
17
Schedule 6--Minimum sentences
19
Crimes Act 1914
19
Schedule 7--Presumption against bail
25
Part 1--Court records
25
Crimes Act 1914
25
Part 2--Commonwealth child sex offenders
26
Crimes Act 1914
26
Schedule 8--Matters court has regard to when passing
sentence etc.
29
Crimes Act 1914
29
Criminal Code Act 1995
30
Schedule 9--Additional sentencing factors for certain offences
31
Criminal Code Act 1995
31
ii
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Schedule 10--Cumulative sentences
34
Crimes Act 1914
34
Schedule 11--Conditional release of offenders after conviction
35
Crimes Act 1914
35
Schedule 12--Additional sentencing alternatives
37
Crimes Act 1914
37
Schedule 13--Release on parole
38
Crimes Act 1914
38
Schedule 14--Revocation of parole order or licence
40
Crimes Act 1914
40
Schedule 15--Expanding the meaning of child abuse material
and other consequential amendments
47
Part 1--Amendments
47
Crimes Act 1914
47
Criminal Code Act 1995
49
Customs Act 1901
53
Telecommunications (Interception and Access) Act 1979
54
Part 2--Application and transitional provisions
56
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
1
A Bill for an Act to amend legislation relating to the
1
criminal law, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Crimes Legislation Amendment (Sexual Crimes
5
Against Children and Community Protection Measures) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Revocation of parole order or licence to protect safety Schedule 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
3
Schedule 1--Revocation of parole order or
1
licence to protect safety
2
3
Crimes Act 1914
4
1 After paragraph 19AU(3)(b)
5
Insert:
6
(ba) in the opinion of the Attorney-General it is necessary to
7
revoke the parole order or licence without giving notice to
8
the person in the interests of ensuring the safety and
9
protection of the community or of another person; or
10
2 Application provision
11
The amendment made by this Schedule applies in relation to a
12
revocation made on or after the commencement of this Schedule
13
(whether the parole order was made, or the licence was granted, before,
14
on or after that commencement).
15
Schedule 2 Use of video recordings
4
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Schedule 2--Use of video recordings
1
2
Crimes Act 1914
3
1 Subsection 15YM(1)
4
Repeal the subsection, substitute:
5
(1) A video recording of an interview of a person to whom
6
subsection (1A) applies in a proceeding may be admitted as
7
evidence in chief if a constable, or a person of a kind specified in
8
the regulations, conducted the interview.
9
2 Subsections 15YM(2) and (3)
10
Repeal the subsections.
11
3 Application and saving provisions
12
(1)
The amendments made by this Schedule apply in relation to
13
proceedings begun on or after the commencement of this Schedule.
14
(2)
A regulation made for the purposes of paragraph 15YM(1)(a) of the
15
Crimes Act 1914 and in force immediately before the commencement of
16
this Schedule has effect, on and after that commencement, as if it had
17
been made for the purposes of subsection 15YM(1) of that Act, as
18
amended by this Schedule.
19
Cross-examination of vulnerable persons at committal proceedings Schedule 3
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
5
Schedule 3--Cross-examination of vulnerable
1
persons at committal proceedings
2
3
Crimes Act 1914
4
1 After paragraph 15YAB(3)(b)
5
Insert:
6
(ba) section 15YHA (about cross-examinations at committal
7
proceedings);
8
2 At the end of subsection 15YF(1)
9
Add:
10
Note:
A person is not to cross-examine certain persons at committal
11
proceedings or proceedings of a similar kind--see section 15YHA.
12
3 At the end of subsection 15YG(1)
13
Add:
14
Note:
A person is not to cross-examine certain persons at committal
15
proceedings or proceedings of a similar kind--see section 15YHA.
16
4 At the end of subsection 15YH(1)
17
Add:
18
Note:
A person is not to cross-examine certain persons at committal
19
proceedings or proceedings of a similar kind--see section 15YHA.
20
5 At the end of Division 3 of Part IAD
21
Add:
22
15YHA Committal proceedings--cross-examination of vulnerable
23
persons
24
(1) A person is not to cross-examine, at committal proceedings or
25
proceedings of a similar kind, a person to whom subsection (2)
26
applies.
27
(2) This subsection applies to the following persons:
28
(a) for a child proceeding--a child witness;
29
Schedule 3 Cross-examination of vulnerable persons at committal proceedings
6
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
(b) for a vulnerable adult proceeding--a vulnerable adult
1
complainant;
2
(c) for a special witness proceeding--a special witness for whom
3
an order under subsection 15YAB(3) is in force for this
4
section.
5
6 Subsection 15YM(4)
6
Omit "The", substitute "Subject to Division 3, the".
7
7 Subsection 15YM(4) (note)
8
Omit "Note", substitute "Note 1".
9
8 At the end of subsection 15YM(4)
10
Add:
11
Note 2:
Division 3 imposes limitations on cross-examinations. For example, a
12
person is not to cross-examine certain persons at committal
13
proceedings or proceedings of a similar kind--see section 15YHA.
14
9 Application provision
15
The amendments made by this Schedule apply in relation to
16
proceedings begun on or after the commencement of this Schedule.
17
Strengthening child sex offences Schedule 4
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
7
Schedule 4--Strengthening child sex offences
1
2
Criminal Code Act 1995
3
1 After subsection 272.9(1) of the Criminal Code (before the
4
penalty)
5
Insert:
6
Note:
A person is taken to engage in sexual activity if the person is in the
7
presence of another person (including by a means of communication
8
that allows the person to see or hear the other person) while the other
9
person engages in sexual activity: see the definition of engage in
10
sexual activity in the Dictionary.
11
2 Section 272.10 of the Criminal Code (heading)
12
Repeal the heading, substitute:
13
272.10 Aggravated offence--sexual intercourse or other sexual
14
activity with child outside Australia
15
3 Paragraph 272.10(1)(b) of the Criminal Code
16
Repeal the paragraph, substitute:
17
(b) one or more of the following apply:
18
(i) the child has a mental impairment at the time the person
19
commits the underlying offence;
20
(ii) the person is in a position of trust or authority in relation
21
to the child, or the child is otherwise under the care,
22
supervision or authority of the person, at the time the
23
person commits the underlying offence;
24
(iii) the child is subjected to cruel, inhuman or degrading
25
treatment in connection with the sexual activity referred
26
to in subsection 272.8(1) or (2) or 272.9(1) or (2);
27
(iv) the child dies as a result of physical harm suffered in
28
connection with the sexual activity referred to in
29
subsection 272.8(1) or (2) or 272.9(1) or (2).
30
Schedule 4 Strengthening child sex offences
8
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
4 After subsection 272.13(1) of the Criminal Code (before the
1
penalty)
2
Insert:
3
Note:
A person is taken to engage in sexual activity if the person is in the
4
presence of another person (including by a means of communication
5
that allows the person to see or hear the other person) while the other
6
person engages in sexual activity: see the definition of engage in
7
sexual activity in the Dictionary.
8
5 After section 471.25 of the Criminal Code
9
Insert:
10
471.25A Using a postal or similar service to "groom" another person
11
to make it easier to procure persons under 16
12
(1) A person (the sender) commits an offence if:
13
(a) the sender causes an article to be carried by a postal or
14
similar service to another person (the recipient); and
15
(b) the sender does this with the intention of making it easier to
16
procure a person (the child) who is, or who the sender
17
believes to be, under 16 to engage in sexual activity with the
18
sender; and
19
(c) the sender is at least 18.
20
Penalty: Imprisonment for 15 years.
21
(2) A person (the sender) commits an offence if:
22
(a) the sender causes an article to be carried by a postal or
23
similar service to another person (the recipient); and
24
(b) the sender does this with the intention of making it easier to
25
procure a person (the child) who is, or who the sender
26
believes to be, under 16 to engage in sexual activity with
27
another person (the participant); and
28
(c) the participant is someone who is, or who the sender believes
29
to be, at least 18.
30
Penalty: Imprisonment for 15 years.
31
(3) A person (the sender) commits an offence if:
32
Strengthening child sex offences Schedule 4
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
9
(a) the sender causes an article to be carried by a postal or
1
similar service to another person (the recipient); and
2
(b) the sender does this with the intention of making it easier to
3
procure a person (the child) who is, or who the sender
4
believes to be, under 16 to engage in sexual activity with
5
another person; and
6
(c) the other person referred to in paragraph (b) is someone who
7
is, or who the sender believes to be, under 18; and
8
(d) the sender intends that the sexual activity referred to in
9
paragraph (b) will take place in the presence of:
10
(i) the sender; or
11
(ii) another person (the participant) who is, or who the
12
sender believes to be, at least 18.
13
Penalty: Imprisonment for 15 years.
14
6 Subsection 471.27(1) of the Criminal Code
15
After "Subdivision", insert "(other than section 471.25A)".
16
7 After subsection 471.27(1) of the Criminal Code
17
Insert:
18
(1A) For the purposes of an offence against section 471.25A, absolute
19
liability applies to the physical element of circumstance of the
20
offence that the child is someone who is under 16.
21
Note 1:
For absolute liability, see section 6.2.
22
Note 2:
For a defence based on belief about age, see section 471.29.
23
8 Subsection 471.27(2) of the Criminal Code
24
Omit "or 471.25(2) or (3)", substitute ", 471.25(2) or (3) or 471.25A(2)
25
or (3)".
26
9 Subsections 471.27(3) and (4) of the Criminal Code
27
Repeal the subsections, substitute:
28
Proof of belief about age--evidence of representation
29
(3) For the purposes of this Subdivision, evidence that a person was
30
represented to the defendant as being under, of, at least or over a
31
Schedule 4 Strengthening child sex offences
10
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
particular age is, in the absence of evidence to the contrary, proof
1
that the defendant believed the person to be under, of, at least or
2
over that age (as the case requires).
3
10 Subsection 471.28(1) of the Criminal Code
4
Omit "or 471.25", substitute ", 471.25 or 471.25A".
5
11 Subsection 471.28(2) of the Criminal Code (heading)
6
Repeal the heading, substitute:
7
Fictitious persons
8
12 After subsection 471.28(2) of the Criminal Code
9
Insert:
10
(2A) For the purposes of an offence against section 471.25A, it does not
11
matter that the recipient or the child is a fictitious person
12
represented to the sender as a real person.
13
13 Subsection 471.28(3) of the Criminal Code
14
Omit "or 471.25", substitute ", 471.25 or 471.25A".
15
14 Subsection 471.29(1) of the Criminal Code (heading)
16
Repeal the heading, substitute:
17
Belief that certain persons at least 16
18
15 Subsection 471.29(1) of the Criminal Code
19
After "Subdivision", insert "(other than section 471.25A)".
20
16 After subsection 471.29(1) of the Criminal Code
21
Insert:
22
(1A) It is a defence to a prosecution for an offence against
23
section 471.25A if the defendant proves that, at the time he or she
24
caused the article to be carried, the defendant believed that the
25
child was at least 16.
26
Note:
A defendant bears a legal burden in relation to the matter in this
27
subsection, see section 13.4.
28
Strengthening child sex offences Schedule 4
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
11
17 Subsection 471.29(2) of the Criminal Code (heading)
1
Repeal the heading, substitute:
2
Procuring and "grooming" offences involving child engaging in
3
sexual activity with other participant--belief that participant under
4
18
5
18 Subsection 471.29(2) of the Criminal Code
6
Omit "or 471.25(2) or (3)", substitute ", 471.25(2) or (3) or 471.25A(2)
7
or (3)".
8
19 Subsection 471.29(3) of the Criminal Code
9
After "(1)", insert ", (1A)".
10
20 After section 474.23 of the Criminal Code
11
Insert:
12
474.23A Conduct for the purposes of electronic service used for
13
child abuse material
14
(1) A person commits an offence if:
15
(a) the person engages in any of the following conduct:
16
(i) creating, developing, altering or maintaining an
17
electronic service;
18
(ii) controlling or moderating an electronic service;
19
(iii) making available, advertising or promoting an
20
electronic service;
21
(iv) assisting in doing anything covered by a preceding
22
subparagraph; and
23
(b) the person does so with the intention that the electronic
24
service be used:
25
(i) by that person; or
26
(ii) by another person;
27
in committing, or facilitating the commission of, an offence
28
against section 474.22 or 474.23.
29
Penalty: Imprisonment for 18 years.
30
Schedule 4 Strengthening child sex offences
12
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
(2) A person may be found guilty of an offence against subsection (1)
1
even if:
2
(a) committing the offence against section 474.22 or 474.23 is
3
impossible; or
4
(b) the electronic service is incapable of being used as mentioned
5
in paragraph (1)(b):
6
(i) at the time the person engages in the conduct mentioned
7
in paragraph (1)(a); or
8
(ii) at any other time.
9
(3) It is not an offence to attempt to commit an offence against
10
subsection (1).
11
(4) In this Code:
12
electronic service means a service a purpose of which is to:
13
(a) allow persons to access material using a carriage service; or
14
(b) deliver material to persons having equipment appropriate for
15
receiving that material, where the delivery of the service is by
16
means of a carriage service;
17
but does not include:
18
(c) a broadcasting service (within the meaning of the
19
Broadcasting Services Act 1992); or
20
(d) a datacasting service (within the meaning of that Act).
21
21 Subsections 474.24(1), (3) and (4) of the Criminal Code
22
Omit "474.22 (using a carriage service for child abuse material) or
23
474.23 (possessing etc. child abuse material for use through a carriage
24
service)", substitute "474.22, 474.23 or 474.23A".
25
22 After subsection 474.25A(1) of the Criminal Code (before
26
the penalty)
27
Insert:
28
Note:
Because of the definition of engage in sexual activity in the
29
Dictionary, this offence covers (for example):
30
(a) a person using a carriage service to see or hear, in real time, a
31
person under 16 engage in sexual activity; and
32
(b) a person engaging in sexual activity that is seen or heard, in real
33
time, by a person under 16 using a carriage service.
34
Strengthening child sex offences Schedule 4
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
13
23 After subsection 474.25A(2) of the Criminal Code (before
1
the penalty)
2
Insert:
3
Note:
Because of the definition of engage in sexual activity in the
4
Dictionary, this offence covers (for example) causing a person under
5
16:
6
(a) to engage in sexual activity that is seen or heard, in real time, by
7
another person by using a carriage service; or
8
(b) to use a carriage service to see or hear, in real time, another
9
person engage in sexual activity.
10
24 Section 474.25B of the Criminal Code (heading)
11
Repeal the heading, substitute:
12
474.25B Aggravated offence--using a carriage service for sexual
13
activity with person under 16 years of age
14
25 Paragraph 474.25B(1)(a) of the Criminal Code
15
After "an offence", insert "(the underlying offence)".
16
26 Paragraph 474.25B(1)(b) of the Criminal Code
17
Repeal the paragraph, substitute:
18
(b) one or more of the following apply:
19
(i) the child has a mental impairment at the time the person
20
commits the underlying offence;
21
(ii) the person is in a position of trust or authority in relation
22
to the child, or the child is otherwise under the care,
23
supervision or authority of the person, at the time the
24
person commits the underlying offence;
25
(iii) the child is subjected to cruel, inhuman or degrading
26
treatment in connection with the sexual activity referred
27
to in subsection 474.25A(1) or 474.25A(2);
28
(iv) the child dies as a result of physical harm suffered in
29
connection with the sexual activity referred to in
30
subsection 474.25A(1) or 474.25A(2).
31
27 After section 474.27 of the Criminal Code
32
Insert:
33
Schedule 4 Strengthening child sex offences
14
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
474.27AA Using a carriage service to "groom" another person to
1
make it easier to procure persons under 16 years of age
2
(1) A person (the sender) commits an offence if:
3
(a) the sender uses a carriage service to transmit a
4
communication to another person (the recipient); and
5
(b) the sender does this with the intention of making it easier to
6
procure a person (the child) who is, or who the sender
7
believes to be, under 16 years of age to engage in sexual
8
activity with the sender; and
9
(c) the sender is at least 18 years of age.
10
Penalty: Imprisonment for 15 years.
11
(2) A person (the sender) commits an offence if:
12
(a) the sender uses a carriage service to transmit a
13
communication to another person (the recipient); and
14
(b) the sender does this with the intention of making it easier to
15
procure a person (the child) who is, or who the sender
16
believes to be, under 16 years of age to engage in sexual
17
activity with another person (the participant); and
18
(c) the participant is someone who is, or who the sender believes
19
to be, at least 18 years of age.
20
Penalty: Imprisonment for 15 years.
21
(3) A person (the sender) commits an offence if:
22
(a) the sender uses a carriage service to transmit a
23
communication to another person (the recipient); and
24
(b) the sender does this with the intention of making it easier to
25
procure a person (the child) who is, or who the sender
26
believes to be, under 16 years of age to engage in sexual
27
activity with another person; and
28
(c) the other person referred to in paragraph (b) is someone who
29
is, or who the sender believes to be, under 18 years of age;
30
and
31
(d) the sender intends that the sexual activity referred to in
32
paragraph (b) will take place in the presence of:
33
(i) the sender; or
34
Strengthening child sex offences Schedule 4
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
15
(ii) another person (the participant) who is, or who the
1
sender believes to be, at least 18 years of age.
2
Penalty: Imprisonment for 15 years.
3
28 Paragraph 474.28(1)(a) of the Criminal Code
4
After "474.25A", insert "or 474.27AA".
5
29 Subsection 474.28(2) of the Criminal Code
6
Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or
7
474.27AA(2) or (3)".
8
30 Subsections 474.28(3) and (4) of the Criminal Code
9
Repeal the subsections, substitute:
10
Proof of belief about age--evidence of representation
11
(3) For the purposes of sections 474.26, 474.27, 474.27A and
12
474.27AA, evidence that a person was represented to the defendant
13
as being under, of, at least or over a particular age is, in the
14
absence of evidence to the contrary, proof that the defendant
15
believed the person to be under, of, at least or over that age (as the
16
case requires).
17
31 Subsection 474.28(8) of the Criminal Code
18
Omit "or 474.27", substitute ", 474.27 or 474.27AA".
19
32 Subsection 474.28(9) of the Criminal Code (heading)
20
Repeal the heading, substitute:
21
Fictitious persons
22
33 Subsection 474.28(9) of the Criminal Code
23
After "474.27", insert ", 474.27AA".
24
34 After subsection 474.28(9) of the Criminal Code
25
Insert:
26
Schedule 4 Strengthening child sex offences
16
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
(9A) For the purposes of an offence against section 474.27AA, it does
1
not matter that the child is a fictitious person represented to the
2
sender as a real person.
3
35 Subsection 474.28(10) of the Criminal Code
4
Omit "or 474.27", substitute ", 474.27 or 474.27AA".
5
36 Subsection 474.29(4) of the Criminal Code (heading)
6
Repeal the heading, substitute:
7
Procuring and "grooming" offences involving child engaging in
8
sexual activity with other participant--belief that participant under
9
18 years of age
10
37 Subsection 474.29(4) of the Criminal Code
11
Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or
12
474.27AA(2) or (3)".
13
38 Subsection 474.29(5) of the Criminal Code (heading)
14
Repeal the heading, substitute:
15
Offences involving transmission of communication--belief that
16
certain persons at least 16 years of age
17
39 After subsection 474.29(5) of the Criminal Code
18
Insert:
19
(5A) It is a defence to a prosecution for an offence against
20
section 474.27AA if the defendant proves that, at the time the
21
communication was transmitted, the defendant believed that the
22
child was at least 16 years of age.
23
Note:
A defendant bears a legal burden in relation to the matter in this
24
subsection, see section 13.4.
25
40 Dictionary in the Criminal Code
26
Insert:
27
electronic service has the meaning given by
28
subsection 474.23A(4).
29
Increased penalties Schedule 5
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
17
Schedule 5--Increased penalties
1
2
Criminal Code Act 1995
3
1 Subsection 272.9(1) of the Criminal Code (penalty)
4
Repeal the penalty, substitute:
5
Penalty: Imprisonment for 18 years.
6
2 Subsection 272.9(2) of the Criminal Code (penalty)
7
Repeal the penalty, substitute:
8
Penalty: Imprisonment for 18 years.
9
3 Subsection 272.15(1) of the Criminal Code (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 15 years.
12
4 Subsection 471.25(1) of the Criminal Code (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 15 years.
15
5 Subsection 471.25(2) of the Criminal Code (penalty)
16
Repeal the penalty, substitute:
17
Penalty: Imprisonment for 15 years.
18
6 Subsection 471.26(1) of the Criminal Code (penalty)
19
Repeal the penalty, substitute:
20
Penalty: Imprisonment for 10 years.
21
7 Section 474.25 of the Criminal Code (penalty)
22
Repeal the penalty, substitute:
23
Penalty: 800 penalty units.
24
Schedule 5 Increased penalties
18
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
8 Subsection 474.25A(1) of the Criminal Code (penalty)
1
Repeal the penalty, substitute:
2
Penalty: Imprisonment for 18 years.
3
9 Subsection 474.25A(2) of the Criminal Code (penalty)
4
Repeal the penalty, substitute:
5
Penalty: Imprisonment for 18 years.
6
10 Subsection 474.27(1) of the Criminal Code (penalty)
7
Repeal the penalty, substitute:
8
Penalty: Imprisonment for 15 years.
9
11 Subsection 474.27(2) of the Criminal Code (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 15 years.
12
12 Subsection 474.27A(1) of the Criminal Code (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 10 years.
15
Minimum sentences Schedule 6
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
19
Schedule 6--Minimum sentences
1
2
Crimes Act 1914
3
1 At the end of subsection 16A(1)
4
Add:
5
Note:
Minimum penalties apply for certain offences--see sections 16AAA,
6
16AAB and 16AAC.
7
2 After section 16AA
8
Insert:
9
16AAA Minimum penalties for certain offences
10
Subject to section 16AAC, if a person is convicted of an offence
11
described in column 1 of an item in the following table, the court
12
must impose a sentence of imprisonment of at least the period
13
specified in column 2 of that item.
14
15
Minimum penalty
Item
Column 1
Offence
Column 2
Sentence of imprisonment
1
offence against subsection 272.8(1)
of the Criminal Code
5 years
2
offence against subsection 272.8(2)
of the Criminal Code
5 years
3
offence against subsection 272.9(1)
of the Criminal Code
5 years
4
offence against subsection 272.9(2)
of the Criminal Code
5 years
5
offence against section 272.10 of the
Criminal Code
6 years
6
offence against section 272.11 of the
Criminal Code
6 years
7
offence against section 272.18 of the
Criminal Code
5 years
Schedule 6 Minimum sentences
20
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Minimum penalty
Item
Column 1
Offence
Column 2
Sentence of imprisonment
8
offence against section 272.19 of the
Criminal Code
5 years
9
offence against section 273.7 of the
Criminal Code
6 years
10
offence against section 471.22 of the
Criminal Code
6 years
11
offence against section 474.23A of
the Criminal Code
5 years
12
offence against section 474.24A of
the Criminal Code
6 years
13
offence against
subsection 474.25A(1) of the
Criminal Code
5 years
14
offence against
subsection 474.25A(2) of the
Criminal Code
5 years
15
offence against section 474.25B of
the Criminal Code
6 years
16AAB Second or subsequent offence
1
(1) This section applies in respect of a person if:
2
(a) the person is convicted of a Commonwealth child sexual
3
abuse offence (a current offence); and
4
(b) the person has, at an earlier sitting, been convicted previously
5
of a child sexual abuse offence.
6
(2) Subject to section 16AAC, if the person is convicted of a current
7
offence described in column 1 of an item in the following table, the
8
court must impose for the current offence a sentence of
9
imprisonment of at least the period specified in column 2 of that
10
item.
11
12
Minimum sentences Schedule 6
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
21
Minimum penalty
Item
Column 1
Current offence
Column 2
Sentence of imprisonment
1
offence against subsection 272.12(1)
of the Criminal Code
3 years
2
offence against subsection 272.12(2)
of the Criminal Code
3 years
3
offence against subsection 272.13(1)
of the Criminal Code
2 years
4
offence against subsection 272.13(2)
of the Criminal Code
2 years
5
offence against subsection 272.14(1)
of the Criminal Code
4 years
6
offence against subsection 272.15(1)
of the Criminal Code
4 years
7
offence against subsection 272.20(1)
of the Criminal Code
3 years
8
offence against subsection 272.20(2)
of the Criminal Code
1 year
9
offence against subsection 273.6(1)
of the Criminal Code
4 years
10
offence against subsection 471.19(1)
of the Criminal Code
4 years
11
offence against subsection 471.19(2)
of the Criminal Code
4 years
12
offence against subsection 471.20(1)
of the Criminal Code
4 years
13
offence against subsection 471.24(1)
of the Criminal Code
4 years
14
offence against subsection 471.24(2)
of the Criminal Code
4 years
15
offence against subsection 471.24(3)
of the Criminal Code
4 years
16
offence against subsection 471.25(1)
of the Criminal Code
4 years
17
offence against subsection 471.25(2)
of the Criminal Code
4 years
Schedule 6 Minimum sentences
22
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Minimum penalty
Item
Column 1
Current offence
Column 2
Sentence of imprisonment
18
offence against subsection 471.25(3)
of the Criminal Code
4 years
19
offence against
subsection 471.25A(1) of the
Criminal Code
4 years
20
offence against
subsection 471.25A(2) of the
Criminal Code
4 years
21
offence against
subsection 471.25A(3) of the
Criminal Code
4 years
22
offence against subsection 471.26(1)
of the Criminal Code
3 years
23
offence against subsection 474.22(1)
of the Criminal Code
4 years
24
offence against subsection 474.23(1)
of the Criminal Code
4 years
25
offence against subsection 474.26(1)
of the Criminal Code
4 years
26
offence against subsection 474.26(2)
of the Criminal Code
4 years
27
offence against subsection 474.26(3)
of the Criminal Code
4 years
28
offence against subsection 474.27(1)
of the Criminal Code
4 years
29
offence against subsection 474.27(2)
of the Criminal Code
4 years
30
offence against subsection 474.27(3)
of the Criminal Code
4 years
31
offence against
subsection 474.27AA(1) of the
Criminal Code
4 years
32
offence against
subsection 474.27AA(2) of the
Criminal Code
4 years
Minimum sentences Schedule 6
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
23
Minimum penalty
Item
Column 1
Current offence
Column 2
Sentence of imprisonment
33
offence against
subsection 474.27AA(3) of the
Criminal Code
4 years
34
offence against
subsection 474.27A(1) of the
Criminal Code
3 years
16AAC Exclusions and reductions--minimum penalties
1
People aged under 18
2
(1) Section 16AAA and subsection 16AAB(2) do not apply to a person
3
who was aged under 18 years when the offence that the relevant
4
provision specifies a minimum penalty for was committed.
5
Reduction of minimum penalty
6
(2) A court may impose a sentence of imprisonment of less than the
7
period specified in column 2 of an item of a table in
8
section 16AAA or subsection 16AAB(2) only if the court considers
9
it appropriate to reduce the sentence because of either or both of
10
the following:
11
(a) the court is taking into account, under paragraph 16A(2)(g),
12
the person pleading guilty;
13
(b) the court is taking into account, under paragraph 16A(2)(h),
14
the person having co-operated with law enforcement agencies
15
in the investigation of the offence or of a Commonwealth
16
child sex offence.
17
(3) If a court may reduce a sentence, the court may reduce the sentence
18
as follows:
19
(a) if the court is taking into account, under
20
paragraph 16A(2)(g), the person pleading guilty--by an
21
amount that is up to 25% of the period specified in column 2
22
of the applicable item in the relevant table;
23
Schedule 6 Minimum sentences
24
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
(b) if the court is taking into account, under
1
paragraph 16A(2)(h), the person having co-operated with law
2
enforcement agencies in the investigation of the offence or of
3
a Commonwealth child sex offence--by an amount that is up
4
to 25% of the period specified in column 2 of the applicable
5
item in the relevant table;
6
(c) if the court is taking into account both of the matters in
7
paragraphs (a) and (b)--by an amount that is up to 50% of
8
the period specified in column 2 of the applicable item in the
9
relevant table.
10
3 Application provisions
11
(1)
Subject to subitem (2), the amendments made by this Schedule apply in
12
relation to conduct engaged in on or after the commencement of this
13
Schedule.
14
(2)
Section 16AAB of the Crimes Act 1914, as inserted by this Schedule,
15
applies in relation to a conviction for a Commonwealth child sexual
16
abuse offence where the relevant conduct was engaged in on or after the
17
commencement of this Schedule (regardless of whether the relevant
18
previous conviction of the person for a child sexual abuse offence
19
occurred before, on or after that commencement).
20
Presumption against bail Schedule 7
Court records Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
25
Schedule 7--Presumption against bail
1
Part 1--Court records
2
Crimes Act 1914
3
1 After subsection 15AA(3)
4
Insert:
5
(3AA) If the bail authority is a court and it grants bail, the court must:
6
(a) state its reasons in writing; and
7
(b) cause those reasons to be entered in the court's records.
8
2 Application provision
9
The amendment made by this Part applies in relation to a decision,
10
made on or after the commencement of this Part, by a bail authority to
11
grant bail to a person charged with, or convicted of, an offence (whether
12
the person was charged with, or convicted of, the offence before, on or
13
after that commencement).
14
Schedule 7 Presumption against bail
Part 2 Commonwealth child sex offenders
26
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Part 2--Commonwealth child sex offenders
1
Crimes Act 1914
2
3 After section 15AA
3
Insert:
4
15AAA Bail not to be granted to various persons charged with, or
5
convicted of, certain Commonwealth child sex offences
6
(1) Despite any other law of the Commonwealth, a bail authority must
7
not grant bail to a person who:
8
(a) is charged with, or convicted of, an offence described in
9
column 1 of an item in the table in section 16AAA; or
10
(b) is charged with, or convicted of, an offence described in
11
column 1 of an item in the table in subsection 16AAB(2) and
12
who has previously been convicted of a child sexual abuse
13
offence;
14
unless the bail authority is satisfied by the person that
15
circumstances exist to grant bail.
16
(2) In addition to any other matters, in determining whether the bail
17
authority is satisfied that circumstances exist to grant bail to a
18
person, the bail authority must take into account such of the
19
following matters as are relevant and known to the bail authority:
20
(a) whether the bail authority considers that the person would be
21
likely to fail to appear at any proceedings for the offence if
22
the person were granted bail;
23
(b) whether the bail authority considers that the person would be
24
likely to commit a further offence if the person were granted
25
bail;
26
(c) whether the bail authority considers that the person would be
27
likely to put at risk the safety of the community or cause a
28
person to suffer any harm if the person were granted bail;
29
(d) whether the bail authority considers that the person would be
30
likely to conceal, fabricate or destroy evidence or intimidate
31
a witness if the person were granted bail;
32
Presumption against bail Schedule 7
Commonwealth child sex offenders Part 2
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
27
(e) whether the person was aged 18 years or over when the
1
offence was committed;
2
(f) if the person has pleaded guilty to the charge in respect of the
3
offence or been convicted of the offence--whether the bail
4
authority considers that the person would not be likely to
5
undertake a rehabilitation program, or not be likely to comply
6
with any bail conditions relating to rehabilitation or
7
treatment, while released on bail.
8
(3) If the bail authority is a court and it grants bail, the court must:
9
(a) state its reasons in writing; and
10
(b) cause those reasons to be entered in the court's records.
11
(4) Despite any law of the Commonwealth, the Director of Public
12
Prosecutions or the person may appeal against a decision of a bail
13
authority:
14
(a) to grant bail to the person despite subsection (1) on the basis
15
that the bail authority is satisfied that circumstances exist to
16
grant bail; or
17
(b) to refuse to grant bail to the person on the basis that the bail
18
authority is not satisfied that circumstances exist to grant
19
bail.
20
(5) An appeal under subsection (4):
21
(a) may be made to a court that would ordinarily have
22
jurisdiction to hear and determine appeals (however
23
described) from directions, orders or judgments of the bail
24
authority referred to in subsection (4), whether the
25
jurisdiction is in respect of appeals relating to bail or appeals
26
relating to other matters; and
27
(b) is to be made in accordance with the rules or procedures (if
28
any) applicable under a law of the Commonwealth, a State or
29
a Territory in relation to the exercise of such jurisdiction.
30
(6) If:
31
(a) a bail authority decides to grant bail to the person; and
32
(b) immediately after the decision is made, the Director of Public
33
Prosecutions notifies the bail authority that he or she intends
34
to appeal against the decision mentioned in subsection (4);
35
Schedule 7 Presumption against bail
Part 2 Commonwealth child sex offenders
28
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
the decision to grant bail is stayed with effect from the time of the
1
notification.
2
(7) A stay under subsection (6) ends:
3
(a) when a decision on the appeal is made; or
4
(b) when the Director of Public Prosecutions notifies:
5
(i) the bail authority; or
6
(ii) if an appeal has already been instituted in a court--the
7
court;
8
that he or she does not intend to proceed with the appeal; or
9
(c) 72 hours after the stay comes into effect;
10
whichever occurs first.
11
(8) To avoid doubt, except as provided by subsections (1), (4), (5), (6)
12
and (7), this section does not affect the operation of a law of a State
13
or a Territory.
14
Note:
These provisions indirectly affect laws of the States and Territories
15
because they affect section 68 of the Judiciary Act 1903.
16
4 Application provisions
17
(1)
The amendment made by this Part applies in relation to a decision,
18
made on or after the commencement of this Part, by a bail authority
19
whether to grant bail to a person charged with, or convicted of, an
20
offence (whether the person was charged with, or convicted of, the
21
offence before, on or after that commencement).
22
(2)
If conduct that occurred before the commencement of this Part:
23
(a) constituted a Commonwealth child sex offence before that
24
commencement; and
25
(b) does not constitute a Commonwealth child sex offence on or
26
after that commencement;
27
section 15AAA of the Crimes Act 1914 as inserted by this Part applies
28
in relation to that conduct as if, on or after that commencement, that
29
conduct constituted a Commonwealth child sex offence.
30
Matters court has regard to when passing sentence etc. Schedule 8
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
29
Schedule 8--Matters court has regard to when
1
passing sentence etc.
2
3
Crimes Act 1914
4
1 Paragraph 16A(2)(g)
5
Repeal the paragraph, substitute:
6
(g) if the person has pleaded guilty to the charge in respect of the
7
offence:
8
(i) that fact; and
9
(ii) the timing of the plea; and
10
(iii) the degree to which that fact and the timing of the plea
11
resulted in any benefit to the community, or any victim
12
of, or witness to, the offence;
13
2 After paragraph 16A(2)(m)
14
Insert:
15
(ma) if the person's standing in the community was used by the
16
person to aid in the commission of the offence--that fact as a
17
reason for aggravating the seriousness of the criminal
18
behaviour to which the offence relates;
19
3 After subsection 16A(2)
20
Insert:
21
(2AAA) In determining the sentence to be passed, or the order to be made,
22
in respect of any person for a Commonwealth child sex offence, in
23
addition to any other matters, the court must have regard to the
24
objective of rehabilitating the person, including by considering
25
whether it is appropriate, taking into account such of the following
26
matters as are relevant and known to the court:
27
(a) when making an order--to impose any conditions about
28
rehabilitation or treatment options;
29
(b) in determining the length of any sentence or non-parole
30
period--to include sufficient time for the person to undertake
31
a rehabilitation program.
32
Schedule 8 Matters court has regard to when passing sentence etc.
30
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
4 Subsection 16A(2A)
1
After "subsection (1) or (2)", insert ", other than paragraph (2)(ma),".
2
5 Subsection 16A(3)
3
Omit "subsections (1) and (2)", substitute "subsections (1), (2) and
4
(2AAA)".
5
Criminal Code Act 1995
6
6 Subsection 272.30(2) of the Criminal Code
7
Omit "subsection 16A(2)", substitute "section 16A".
8
7 Application provision
9
The amendments made by this Schedule apply in relation to
10
determining, on or after the commencement of this Schedule, a sentence
11
to be passed, or an order to be made, in respect of a person for a federal
12
offence that the person was charged with, or convicted of, on or after
13
that commencement.
14
Additional sentencing factors for certain offences Schedule 9
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
31
Schedule 9--Additional sentencing factors for
1
certain offences
2
3
Criminal Code Act 1995
4
1 Subsection 272.30(1) of the Criminal Code
5
Omit all the words after "the court" (first occurring), substitute:
6
must take into account the following matters:
7
(a) the age and maturity of the person in relation to whom the
8
offence was committed;
9
(b) if that person was under 10 when the offence was
10
committed--that fact as a reason for aggravating the
11
seriousness of the criminal behaviour to which the offence
12
relates;
13
(c) the number of people involved in the commission of the
14
offence.
15
2 After subsection 272.30(1) of the Criminal Code
16
Insert:
17
(1A) However, the court need only take into account a matter mentioned
18
in subsection (1) so far as the matter is known to the court and, for
19
a matter mentioned in paragraph (1)(a) or (c), relevant.
20
3 At the end of Subdivision C of Division 471 of the Criminal
21
Code
22
Add:
23
471.29A Sentencing
24
(1) In determining the sentence to be passed, or the order to be made,
25
in respect of a person for an offence against this Subdivision, the
26
court must take into account the following matters:
27
(a) the age and maturity of the person in relation to whom the
28
offence was committed;
29
(b) if that person was under 10 when the offence was
30
committed--that fact as a reason for aggravating the
31
Schedule 9 Additional sentencing factors for certain offences
32
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
seriousness of the criminal behaviour to which the offence
1
relates;
2
(c) the number of people involved in the commission of the
3
offence.
4
(2) However, the court need only take into account a matter mentioned
5
in subsection (1) so far as the matter is known to the court and, for
6
a matter mentioned in paragraph (1)(a) or (c), relevant.
7
(3) The matters mentioned in subsection (1) are in addition to any
8
other matters the court must take into account (for example, the
9
matters mentioned in section 16A of the Crimes Act 1914).
10
4 At the end of Subdivision F of Division 474 of the Criminal
11
Code
12
Add:
13
474.29AA Sentencing
14
(1) In determining the sentence to be passed, or the order to be made,
15
in respect of a person for an offence against this Subdivision, the
16
court must take into account the following matters:
17
(a) the age and maturity of the person in relation to whom the
18
offence was committed;
19
(b) if that person was under 10 when the offence was
20
committed--that fact as a reason for aggravating the
21
seriousness of the criminal behaviour to which the offence
22
relates;
23
(c) the number of people involved in the commission of the
24
offence.
25
(2) However, the court need only take into account a matter mentioned
26
in subsection (1) so far as the matter is known to the court and, for
27
a matter mentioned in paragraph (1)(a) or (c), relevant.
28
(3) The matters mentioned in subsection (1) are in addition to any
29
other matters the court must take into account (for example, the
30
matters mentioned in section 16A of the Crimes Act 1914).
31
Additional sentencing factors for certain offences Schedule 9
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
33
5 Application provision
1
The amendments made by this Schedule apply in determining the
2
sentence to be passed, or the order to be made, in respect of a person for
3
an offence that is committed on or after the commencement of this item.
4
Schedule 10 Cumulative sentences
34
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Schedule 10--Cumulative sentences
1
2
Crimes Act 1914
3
1 Before subsection 19(1)
4
Insert:
5
General requirements
6
2 At the end of section 19
7
Add:
8
Additional requirements for Commonwealth child sex offences
9
(5) An order must not have the effect that a term of imprisonment
10
imposed on a person for a Commonwealth child sex offence be
11
served partly cumulatively, or concurrently, with an uncompleted
12
term of imprisonment that is, or has been, imposed on the person
13
for:
14
(a) another Commonwealth child sex offence; or
15
(b) a State or Territory registrable child sex offence.
16
(6) Subsection (5) does not apply if the court is satisfied that imposing
17
the sentence in a different manner would still result in sentences
18
that are of a severity appropriate in all the circumstances.
19
(7) If the court imposes a term of imprisonment other than in
20
accordance with subsection (5), the court must:
21
(a) state its reasons for imposing the sentence in that manner;
22
and
23
(b) cause the reasons to be entered in the records of the court.
24
3 Application provision
25
The amendments made by this Schedule apply in relation to an order
26
made, on or after the commencement of this Schedule, directing when
27
sentences commence, where the offences to which the sentences relate
28
were committed on or after that commencement.
29
Conditional release of offenders after conviction Schedule 11
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
35
Schedule 11--Conditional release of offenders
1
after conviction
2
3
Crimes Act 1914
4
1 Paragraph 20(1)(b)
5
Repeal the paragraph, substitute:
6
(b) sentence the person to imprisonment in respect of the offence
7
or each offence but direct, by order, that the person be
8
released, upon giving security of the kind referred to in
9
paragraph (a):
10
(i) if none of the offences is a Commonwealth child sex
11
offence--either immediately or after the person has
12
served a specified period of imprisonment that is
13
calculated in accordance with subsection 19AF(1); or
14
(ii) if at least one of the offences is a Commonwealth child
15
sex offence and the court is not satisfied that there are
16
exceptional circumstances--after the person has served
17
a specified period of imprisonment that is calculated in
18
accordance with subsection 19AF(1); or
19
(iii) if at least one of the offences is a Commonwealth child
20
sex offence and the court is satisfied that there are
21
exceptional circumstances--immediately.
22
2 Subsection 20(1A)
23
Omit "If", substitute "Subject to subsection (1B), if".
24
3 After subsection 20(1A)
25
Insert:
26
(1B) If at least one of the offences the person is convicted of is a
27
Commonwealth child sex offence, the court must specify under
28
paragraph (1)(b), as mentioned in subparagraph (1)(a)(iv), the
29
conditions that the person will, during the specified period:
30
(a) be subject to the supervision of a probation officer appointed
31
in accordance with the order; and
32
(b) obey all reasonable directions of the probation officer; and
33
Schedule 11 Conditional release of offenders after conviction
36
Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
(c) not travel interstate or overseas without the written
1
permission of the probation officer; and
2
(d) undertake such treatment or rehabilitation programs that the
3
probation officer reasonably directs.
4
4 Application and saving provisions
5
(1)
The amendments made by this Schedule apply in relation to an order
6
made on or after the commencement of this Schedule, when sentencing
7
the person to imprisonment in respect of an offence committed on or
8
after that commencement.
9
(2)
The repeal and substitution of paragraph 20(1)(b) of the Crimes Act
10
1914 by this Schedule does not affect the validity of an order given
11
under that paragraph before the commencement of this Schedule.
12
Additional sentencing alternatives Schedule 12
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
37
Schedule 12--Additional sentencing
1
alternatives
2
3
Crimes Act 1914
4
1 After subparagraph 20AB(1AA)(a)(vii)
5
Insert:
6
(viia) a residential treatment order;
7
2 Subsection 20BQ(3)
8
After "20AB", insert "(other than an order covered by
9
subparagraph 20AB(1AA)(a)(viia))".
10
3 Application provision
11
The amendments made by this Schedule apply in relation to a sentence
12
passed, or an order made, on or after the commencement of this
13
Schedule, in respect of a person convicted before, on or after that
14
commencement.
15
Schedule 13 Release on parole
38
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Schedule 13--Release on parole
1
2
Crimes Act 1914
3
1 Subparagraph 19AL(2)(a)(ii)
4
Omit "includes", substitute "subject to section 22B, includes".
5
2 Subsection 19AL(2) (note)
6
Omit "Note", substitute "Note 1".
7
3 At the end of subsection 19AL(2)
8
Add:
9
Note 2:
Section 22B relates to information, reports and other documents which
10
are not required to be provided.
11
4 At the end of Division 10 of Part IB
12
Add:
13
22B Security of certain reports, documents, information etc.
14
(1) Nothing in this Part requires a person to be provided with a copy of
15
a report or another document (or any part of the report or
16
document) if its provision to the person is, in the opinion of the
17
Attorney-General, likely to prejudice national security.
18
(2) Nothing in this Part requires a person to be provided with
19
information about the content of a report or other document, a copy
20
of which is not (by operation of subsection (1)) required to be
21
provided to a person, if its provision to the person is, in the opinion
22
of the Attorney-General, likely to prejudice national security.
23
5 Application provisions
24
(1)
The amendment made by item 1 of this Schedule applies in relation to a
25
notice given, on or after the commencement of this Schedule, refusing
26
to make an order directing that a person on whom a sentence is imposed
27
be released from prison on parole (regardless of whether the sentence
28
was imposed before, on or after that commencement).
29
Release on parole Schedule 13
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
39
(2)
The amendment made by item 4 of this Schedule applies in relation to
1
the provision, on or after the commencement of this Schedule, of
2
reports, documents and information (regardless of whether the reports,
3
documents or information were made or obtained before, on or after that
4
commencement).
5
Schedule 14 Revocation of parole order or licence
40
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Schedule 14--Revocation of parole order or
1
licence
2
3
Crimes Act 1914
4
1 Subsection 19AA(2)
5
Omit ", or is taken to be,".
6
2 Subsection 19AA(3)
7
Repeal the subsection, substitute:
8
(3) If a federal offender:
9
(a) who is released on parole or licence; and
10
(b) whose parole order or licence has subsequently been revoked
11
under section 19AU; and
12
(c) who does not get the benefit of subsection (2) in calculating
13
the part of any federal sentence of imprisonment remaining to
14
be served at the time of release;
15
a prescribed authority fixing a non-parole period in respect of the
16
offender under section 19AW must have regard to the period of
17
time spent by the person on parole or licence before that parole
18
order or licence was revoked.
19
3 Subsection 19AG(5) (paragraph (ca) of the note)
20
Omit "or 19AR(2)(e)".
21
4 Subsection 19APB(2)
22
Repeal the subsection, substitute:
23
(2) Subsection (1) has effect as if the parole period or the licence
24
period had not ended without the parole order or licence being
25
revoked, if in relation to the parole order or licence:
26
(a) a determination referred to in subsection 19AQ(1) or (2) is
27
made at a time after the end of the parole period or licence
28
period; and
29
Revocation of parole order or licence Schedule 14
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
41
(b) the time the parole order or licence is taken to have been
1
revoked under subsection 19AQ(1) or (2) is during the parole
2
period or licence period.
3
5 Section 19AQ
4
Repeal the section, substitute:
5
19AQ Parole order or licence revoked following further offence
6
Revocation time
7
(1) If a person to whom a parole order relates is sentenced to life
8
imprisonment or to a sentence of, or sentences aggregating, more
9
than 3 months in respect of a federal, State or Territory offence
10
(the new offence) committed during the parole period, the court
11
that sentences the person for the new offence must determine the
12
time (the revocation time) when the parole order is taken to have
13
been revoked.
14
(2) If a person to whom a licence relates is sentenced to life
15
imprisonment or to a sentence of, or sentences aggregating, more
16
than 3 months in respect of a federal, State or Territory offence
17
(the new offence) committed during the licence period, the court
18
that sentences the person for the new offence must determine the
19
time (the revocation time) when the licence is taken to have been
20
revoked.
21
(3) A revocation time determined under subsection (1) or (2) must be
22
one of the following times:
23
(a) the time at which the court determines the new offence was
24
committed;
25
(b) the time at which the court determines the new offence was
26
most likely to have been committed;
27
(c) the time at which the court determines the new offence was
28
most likely to have first begun to have been committed.
29
Time person liable to serve
30
(4) If the parole order or licence relating to a person is taken to have
31
been revoked under subsection (1) or (2), the person becomes
32
liable to serve:
33
Schedule 14 Revocation of parole order or licence
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Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
(a) that part of the sentence or of each sentence for a federal
1
offence that the person had not served at the time of his or
2
her release under that order or licence; or
3
(b) if the court considers it appropriate taking into account the
4
good behaviour of the person during the period (the clean
5
street period) starting at the time the person was released
6
under that order or licence and ending at the revocation
7
time--the sentence or aggregate sentence that would be
8
imposed under paragraph (a) reduced by the period that is the
9
same as the clean street period.
10
Suspended sentences
11
(5) This section does not apply where the sentence or each sentence
12
referred to in subsection (1) or (2) is a suspended sentence.
13
6 Section 19AR (heading)
14
Repeal the heading, substitute:
15
19AR Fixing of non-parole period etc. where parole or licence taken
16
to be revoked under section 19AQ
17
7 Subsections 19AR(1) and (2)
18
Repeal the subsections, substitute:
19
New federal offence etc.
20
(1) Subject to subsection (4), if:
21
(a) a person who is serving or is to serve a federal sentence or
22
federal sentences is released on parole or licence under this
23
Act; and
24
(b) the person is later sentenced (the new sentence or sentences)
25
to a term of imprisonment in respect of a federal offence or
26
federal offences committed during the parole period or
27
licence period; and
28
(c) under section 19AQ:
29
(i) the parole order or licence is to be taken to have been
30
revoked; and
31
Revocation of parole order or licence Schedule 14
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
43
(ii) the person becomes liable to serve a part of a sentence
1
or sentences (the outstanding sentence or sentences);
2
the court imposing the new sentence or sentences:
3
(d) must not make a recognizance release order; and
4
(e) must fix a single new non-parole period in respect of the new
5
sentence or sentences and the outstanding sentence or
6
sentences having regard to the total period of imprisonment
7
that the person is liable to serve.
8
8 Subsection 19AR(3)
9
Repeal the subsection, substitute:
10
New State or Territory offence etc.
11
(3) Subject to subsection (4), if:
12
(a) a person who is serving or is to serve a federal sentence or
13
federal sentences is released on parole or licence under this
14
Act; and
15
(b) the person is later sentenced (the new sentence or sentences)
16
to a term of imprisonment in respect of one or more State or
17
Territory offences committed during the parole period or
18
licence period; and
19
(c) under section 19AQ:
20
(i) the parole order or licence is to be taken to have been
21
revoked; and
22
(ii) the person becomes liable to serve a part of a sentence
23
or sentences (the outstanding sentence or sentences);
24
the court imposing the new sentence or sentences:
25
(d) must not make a recognizance release order; and
26
(e) must fix a single new non-parole period in respect of the
27
outstanding sentence or sentences having regard to the total
28
period of imprisonment that the person is liable to serve.
29
9 Subsection 19AR(4)
30
Repeal the subsection, substitute:
31
General
32
(4) A court may decline to fix a non-parole period if:
33
Schedule 14 Revocation of parole order or licence
44
Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
(a) the court is satisfied that doing so is appropriate, having
1
regard to:
2
(i) the serious nature and circumstances of the offence or
3
offences; and
4
(ii) the antecedents of the person; or
5
(b) the person is expected to be serving a State or Territory
6
sentence on the day after the end of the federal sentence, or
7
the last to be served of the federal sentences, as reduced by
8
any remissions or reductions under section 19AA.
9
10 Subsection 19AR(5)
10
Omit "either to fix a non-parole period, or to make a recognizance
11
release order", substitute "to fix a non-parole period".
12
11 Subsection 19AR(6)
13
Omit "or the making of recognizance release orders".
14
12 Subsection 19AR(6)
15
Omit "or the making of such orders".
16
13 Subsection 19AR(7)
17
Omit "or the failure to make, or properly to make, recognizance release
18
orders".
19
14 Subsection 19AR(7)
20
Omit "or the making of such orders".
21
15 Subsection 19AS(1)
22
Repeal the subsection, substitute:
23
(1) If:
24
(a) a person who is serving or is to serve a federal sentence or
25
federal sentences is released on parole or licence under this
26
Act; and
27
(b) the person is later sentenced (the new sentence or sentences)
28
to a term of imprisonment in respect of one or more federal,
29
State or Territory offences committed during the parole
30
period or licence period; and
31
Revocation of parole order or licence Schedule 14
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
45
(c) under section 19AQ:
1
(i) the parole order or licence is to be taken to have been
2
revoked; and
3
(ii) the person becomes liable to serve a part of a sentence
4
or sentences (the outstanding sentence or sentences);
5
then:
6
(d) the court imposing the new sentence or sentences must issue
7
a warrant authorising the person to be detained in prison to
8
undergo imprisonment for the unserved part of the
9
outstanding sentence or sentences; and
10
(e) the person must begin to serve the unserved part of the
11
outstanding sentence or of the first to be served of the
12
outstanding sentences on the day that the new sentence is, or
13
the new sentences are, imposed; and
14
(f) the unserved part of the outstanding sentence or of each of
15
the outstanding sentences must be served in the State or
16
Territory where the new sentence is, or the new sentences
17
are, imposed.
18
16 Subsection 19AS(2)
19
Omit "paragraph (1)(c)", substitute "paragraph (1)(d)".
20
17 Paragraphs 19AT(1)(a) and (b)
21
Repeal the paragraphs, substitute:
22
(a) a person who is serving or is to serve a federal sentence or
23
federal sentences is released on parole or licence under this
24
Act; and
25
(b) the person is later sentenced (the new sentence or sentences)
26
to a term of imprisonment in respect of one or more federal,
27
State or Territory offences committed during the parole
28
period or licence period; and
29
(ba) under section 19AQ:
30
(i) the parole order or licence is to be taken to have been
31
revoked; and
32
(ii) the person becomes liable to serve a part of a sentence
33
or sentences (the outstanding sentence or sentences);
34
Schedule 14 Revocation of parole order or licence
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Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
18 Subsection 19AW(2)
1
Omit "may issue a warrant", substitute "must issue a warrant".
2
19 Paragraph 19AW(3)(a)
3
Omit "nature", substitute "serious nature".
4
20 Subsection 20(6)
5
Omit "sections 19AC, 19AE and 19AR", substitute "sections 19AC and
6
19AE".
7
21 Application provisions
8
(1)
The amendments made by items 1, 4, 5 and 7 to 17 of this Schedule
9
apply in relation to the revocation, on or after the commencement of
10
this Schedule, of a parole order or licence relating to a sentence that was
11
imposed on a person (whether the sentence was imposed before, on or
12
after that commencement).
13
(2)
The amendment made by item 2 of this Schedule applies in relation to
14
fixing, on or after the commencement of this Schedule, a non-parole
15
period in respect of a sentence (whether the sentence was imposed
16
before, on or after that commencement).
17
(3)
The amendments made by items 18 and 19 of this Schedule apply in
18
relation to hearings begun on or after the commencement of this
19
Schedule (whether the order revoking the relevant parole order or
20
licence was made before, on or after that commencement).
21
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Amendments Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
47
Schedule 15--Expanding the meaning of child
1
abuse material and other
2
consequential amendments
3
Part 1--Amendments
4
Crimes Act 1914
5
1 Subsection 3(1) (definition of child pornography material)
6
Repeal the definition.
7
2 Subsection 3(1)
8
Insert:
9
child sexual abuse offence means:
10
(a) a Commonwealth child sex offence; or
11
(b) an offence against section 273.5, 471.16, 471.17, 474.19 or
12
474.20 of the Criminal Code as in force at any time before
13
the commencement of the Crimes Legislation Amendment
14
(Sexual Crimes Against Children and Community Protection
15
Measures) Act 2017; or
16
(c) an offence against Part IIIA of this Act as in force at any time
17
before the commencement of Schedule 1 to the Crimes
18
Legislation Amendment (Sexual Offences Against Children)
19
Act 2010; or
20
(d) a State or Territory registrable child sex offence.
21
3 Subsection 3(1) (subparagraph (a)(ii) of the definition of
22
Commonwealth child sex offence)
23
Omit "child pornography material or".
24
4 Subsection 3(1) (subparagraphs (a)(iii) and (iv) of the
25
definition of Commonwealth child sex offence)
26
Omit "child pornography material,".
27
Schedule 15 Expanding the meaning of child abuse material and other consequential
amendments
Part 1 Amendments
48
Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
5 Subsection 3(1) (note to the definition of Commonwealth
1
child sex offence)
2
Repeal the note.
3
6 Subsection 3(1)
4
Insert:
5
Commonwealth child sexual abuse offence means a
6
Commonwealth child sex offence, other than an offence against
7
subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11,
8
272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A,
9
subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the
10
Criminal Code.
11
State or Territory registrable child sex offence means an offence:
12
(a) that a person becomes, or may at any time have become, a
13
person whose name is entered on a child protection offender
14
register (however described) of a State or Territory for
15
committing; and
16
(b) in respect of which:
17
(i) a child was a victim or an intended victim; or
18
(ii) the offending involved child abuse material.
19
7 Paragraph 15GE(2)(w)
20
Repeal the paragraph, substitute:
21
(w) dealings in child abuse material;
22
8 Paragraphs 15GE(3)(b) and (d)
23
Omit "child pornography material or".
24
9 Paragraph 15Y(1)(cac)
25
Omit "child pornography material or".
26
10 Part IE (heading)
27
Repeal the heading, substitute:
28
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Amendments Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
49
Part IE--Forfeiture of child abuse material
1
11 Paragraph 23ZA(b)
2
Repeal the paragraph.
3
12 Paragraph 23ZA(c)
4
Omit "or child pornography material".
5
13 Subparagraph 23ZC(1)(c)(ii)
6
Omit "or child pornography material".
7
Criminal Code Act 1995
8
14 Division 273 of the Criminal Code (heading)
9
Repeal the heading, substitute:
10
Division 273--Offences involving child abuse material
11
outside Australia
12
15 Subsection 273.1(1) of the Criminal Code (note)
13
Repeal the note, substitute:
14
Note:
One of those expressions is child abuse material.
15
16 Subdivision B of Division 273 of the Criminal Code
16
(heading)
17
Repeal the heading, substitute:
18
Subdivision B--Offences committed overseas involving child
19
abuse material
20
17 Section 273.5 of the Criminal Code
21
Repeal the section.
22
18 Paragraph 273.7(1)(a) of the Criminal Code
23
Repeal the paragraph, substitute:
24
Schedule 15 Expanding the meaning of child abuse material and other consequential
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Part 1 Amendments
50
Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
(a) the person commits an offence against section 273.6
1
(possessing etc. child abuse material outside Australia) on 3
2
or more separate occasions; and
3
19 Subsections 273.7(2), (3), (5) and (7) of the Criminal Code
4
Omit "273.5 or".
5
20 Section 273.8 of the Criminal Code
6
Omit "273.5 or" (wherever occurring).
7
21 Subsections 273.9(1), (4) and (5) of the Criminal Code
8
Omit "273.5 or".
9
22 Paragraph 279.1(d) of the Criminal Code
10
Omit "child pornography material or".
11
23 Subsection 470.4(1) of the Criminal Code (note)
12
Repeal the note, substitute:
13
Note:
One of those expressions is child abuse material.
14
24 Subdivision B of Division 471 of the Criminal Code
15
(heading)
16
Repeal the heading, substitute:
17
Subdivision B--Offences relating to use of postal or similar
18
service for child abuse material
19
25 Sections 471.16, 471.17 and 471.18 of the Criminal Code
20
Repeal the sections.
21
26 Paragraph 471.22(1)(a) of the Criminal Code
22
Omit "one or more", substitute "either".
23
27 Subparagraphs 471.22(1)(a)(i) and (ii) of the Criminal Code
24
Repeal the subparagraphs.
25
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Amendments Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
51
28 Subsections 471.22(2), (3), (5) and (7) of the Criminal Code
1
Omit "471.16, 471.17,".
2
29 Paragraph 471.23(b) of the Criminal Code
3
Omit "471.16, 471.17,".
4
30 Section 473.1 of the Criminal Code (at the end of the
5
definition of child abuse material)
6
Add:
7
; or (c) material that depicts a person, or a representation of a person,
8
who is, or appears to be, under 18 years of age and who:
9
(i) is engaged in, or appears to be engaged in, a sexual pose
10
or sexual activity (whether or not in the presence of
11
other persons); or
12
(ii) is in the presence of a person who is engaged in, or
13
appears to be engaged in, a sexual pose or sexual
14
activity;
15
and does this in a way that reasonable persons would regard
16
as being, in all the circumstances, offensive; or
17
(d) material the dominant characteristic of which is the depiction,
18
for a sexual purpose, of:
19
(i) a sexual organ or the anal region of a person who is, or
20
appears to be, under 18 years of age; or
21
(ii) a representation of such a sexual organ or anal region;
22
or
23
(iii) the breasts, or a representation of the breasts, of a
24
female person who is, or appears to be, under 18 years
25
of age;
26
in a way that reasonable persons would regard as being, in all
27
the circumstances, offensive; or
28
(e) material that describes a person who is, or is implied to be,
29
under 18 years of age and who:
30
(i) is engaged in, or is implied to be engaged in, a sexual
31
pose or sexual activity (whether or not in the presence
32
of other persons); or
33
Schedule 15 Expanding the meaning of child abuse material and other consequential
amendments
Part 1 Amendments
52
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
(ii) is in the presence of a person who is engaged in, or is
1
implied to be engaged in, a sexual pose or sexual
2
activity;
3
and does this in a way that reasonable persons would regard
4
as being, in all the circumstances, offensive; or
5
(f) material that describes:
6
(i) a sexual organ or the anal region of a person who is, or
7
is implied to be, under 18 years of age; or
8
(ii) the breasts of a female person who is, or is implied to
9
be, under 18 years of age;
10
and does this in a way that reasonable persons would regard
11
as being, in all the circumstances, offensive.
12
31 Section 473.1 of the Criminal Code (definition of child
13
pornography material)
14
Repeal the definition.
15
32 Subdivision D of Division 474 of the Criminal Code
16
(heading)
17
Repeal the heading, substitute:
18
Subdivision D--Offences relating to use of carriage service for
19
child abuse material
20
33 Sections 474.19, 474.20 and 474.21 of the Criminal Code
21
Repeal the sections.
22
34 Paragraph 474.24A(1)(a) of the Criminal Code
23
Omit "one or more", substitute "either".
24
35 Subparagraphs 474.24A(1)(a)(i) and (ii) of the Criminal
25
Code
26
Repeal the subparagraphs.
27
36 Subsections 474.24A(2), (3), (5) and (7) of the Criminal
28
Code
29
Omit "474.19, 474.20,".
30
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Amendments Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
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53
37 Paragraph 474.24B(b) of the Criminal Code
1
Omit "474.19, 474.20,".
2
38 Paragraph 474.25(b) of the Criminal Code
3
Repeal the paragraph, substitute:
4
(b) is aware that the service provided by the person can be used
5
to access particular material that the person has reasonable
6
grounds to believe is child abuse material; and
7
Customs Act 1901
8
39 Paragraph 233BAB(1)(h)
9
Omit "child pornography or of".
10
40 Subsection 233BAB(3)
11
Repeal the subsection.
12
41 At the end of subsection 233BAB(4)
13
Add:
14
; or (c) that depicts a person, or a representation of a person, who is,
15
or appears to be, under 18 years of age and who:
16
(i) is engaged in, or appears to be engaged in, a sexual pose
17
or sexual activity (whether or not in the presence of
18
other persons); or
19
(ii) is in the presence of a person who is engaged in, or
20
appears to be engaged in, a sexual pose or sexual
21
activity;
22
and does this in a way that reasonable persons would regard
23
as being, in all the circumstances, offensive; or
24
(d) the dominant characteristic of which is the depiction, for a
25
sexual purpose, of:
26
(i) a sexual organ or the anal region of a person who is, or
27
appears to be, under 18 years of age; or
28
(ii) a representation of such a sexual organ or anal region;
29
or
30
Schedule 15 Expanding the meaning of child abuse material and other consequential
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Part 1 Amendments
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Crimes Legislation Amendment (Sexual Crimes Against Children and
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No. , 2017
(iii) the breasts, or a representation of the breasts, of a
1
female person who is, or appears to be, under 18 years
2
of age;
3
in a way that reasonable persons would regard as being, in all
4
the circumstances, offensive; or
5
(e) that describes a person who is, or is implied to be, under 18
6
years of age and who:
7
(i) is engaged in, or is implied to be engaged in, a sexual
8
pose or sexual activity (whether or not in the presence
9
of other persons); or
10
(ii) is in the presence of a person who is engaged in, or is
11
implied to be engaged in, a sexual pose or sexual
12
activity;
13
and does this in a way that reasonable persons would regard
14
as being, in all the circumstances, offensive; or
15
(f) that describes:
16
(i) a sexual organ or the anal region of a person who is, or
17
is implied to be, under 18 years of age; or
18
(ii) the breasts of a female person who is, or is implied to
19
be, under 18 years of age;
20
and does this in a way that reasonable persons would regard
21
as being, in all the circumstances, offensive.
22
42 Subsection 233BAB(4A)
23
Omit "subsections (3) and (4)", substitute "subsection (4)".
24
Telecommunications (Interception and Access) Act 1979
25
43 Subsection 5D(3B) (heading)
26
Repeal the heading, substitute:
27
Sexual offences against children and offences involving child abuse
28
material or harm to children
29
44 Subparagraph 5D(3B)(b)(i)
30
Omit "child pornography", substitute "child abuse material (within the
31
meaning of Part 10.6 of the Criminal Code)".
32
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Amendments Part 1
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
55
45 Subparagraph 5D(3B)(b)(ii)
1
Omit "child pornography", substitute "such material".
2
Schedule 15 Expanding the meaning of child abuse material and other consequential
amendments
Part 2 Application and transitional provisions
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Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2017
No. , 2017
Part 2--Application and transitional provisions
1
46 Controlled operations
2
Paragraph 15GE(2)(w) of the Crimes Act 1914, as in force on and after
3
the commencement of this item, applies in relation to a controlled
4
operation authorised on or after that commencement (whether the
5
offence was committed before, on or after that commencement).
6
47 Serious offences
--Telecommunications (Interception and
7
Access) Act 1979
8
Subsection 5D(3B) of the Telecommunications (Interception and
9
Access) Act 1979, as in force on and after the commencement of this
10
item, applies in relation to an offence committed on or after that
11
commencement.
12
48 Aggravated offences involving conduct on 3 or more
13
occasions and 2 or more people
14
The following table has effect:
15
16
Transitional--aggravated offences involving conduct on 3 or more occasions
and 2 or more people
Item
This provision of the
Criminal Code has
effect at and after the
time this item
commences ...
as if a reference in the
provision to this
provision of that
Code ...
included a reference
to this provision of
that Code, as in force
immediately before
that time ...
1
sections 273.7 and
273.8
section 273.6
section 273.5
2
sections 471.22 and
471.23
section 471.19
section 471.16
3
sections 471.22 and
471.23
section 471.20
section 471.17
4
sections 474.24A and
474.24B
section 474.22
section 474.19
5
sections 474.24A and
474.24B
section 474.23
section 474.20
Expanding the meaning of child abuse material and other consequential amendments
Schedule 15
Application and transitional provisions Part 2
No. , 2017
Crimes Legislation Amendment (Sexual Crimes Against Children and
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49 Section 7 of the Acts Interpretation Act 1901 not limited
1
This Part does not limit the operation of section 7 of the Acts
2
Interpretation Act 1901.
3