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This is a Bill, not an Act. For current law, see the Acts databases.
2019
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
2019
No. , 2019
(Attorney-General)
A Bill for an Act to amend legislation relating to the
criminal law, and for related purposes
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 4
Schedule 1--Revocation of parole order or licence to protect
safety
5
Crimes Act 1914
5
Schedule 2--Use of video recordings
6
Crimes Act 1914
6
Schedule 3--Cross-examination of vulnerable persons at
committal proceedings
7
Crimes Act 1914
7
Schedule 4--Strengthening child sex offences
9
Part 1--Main amendments
9
Criminal Code Act 1995
9
Part 2--Amendments contingent on the Combatting Child
Sexual Exploitation Legislation Amendment Act 2019
21
Criminal Code Act 1995
21
Schedule 5--Increased penalties
22
Criminal Code Act 1995
22
Schedule 6--Minimum sentences
25
Part 1--Main amendments
25
Crimes Act 1914
25
Part 2--Technical amendments
31
Crimes Act 1914
31
Part 3--Amendments contingent on the Combatting Child
Sexual Exploitation Legislation Amendment Act 2019
32
Division 1--Amendments relating to the offence of possession of
child-like sex dolls etc.
32
ii
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Crimes Act 1914
32
Division 2--Amendments relating to the offence of possessing or
controlling child abuse material obtained or accessed
using a carriage service
32
Crimes Act 1914
32
Schedule 7--Presumption against bail
33
Part 1--Court records
33
Division 1--Main amendments
33
Crimes Act 1914
33
Division 2--Amendments contingent on the Counter-Terrorism
Legislation Amendment (2019 Measures No. 1) Act 2019
33
Crimes Act 1914
33
Part 2--Commonwealth child sex offenders
34
Crimes Act 1914
34
Schedule 8--Matters court has regard to when passing
sentence etc.
37
Crimes Act 1914
37
Criminal Code Act 1995
38
Schedule 9--Additional sentencing factors for certain offences
39
Criminal Code Act 1995
39
Schedule 10--Cumulative sentences
42
Crimes Act 1914
42
Schedule 11--Conditional release of offenders after conviction
43
Crimes Act 1914
43
Schedule 12--Additional sentencing alternatives
45
Crimes Act 1914
45
Schedule 13--Revocation of parole order or licence
46
Crimes Act 1914
46
Schedule 14--Definitions
53
Crimes Act 1914
53
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
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 2019.
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 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3
The 28th day after this Act receives the
Royal Assent.
4. Schedule 4,
Part 1
The day after this Act receives the Royal
Assent.
5. Schedule 4,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 4;
and
(b) the commencement of Schedule 3 to the
Combatting Child Sexual Exploitation
Legislation Amendment Act 2019.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 5
The day after this Act receives the Royal
Assent.
7. Schedule 6,
Parts 1 and 2
The day after this Act receives the Royal
Assent.
8. Schedule 6,
Part 3, Division 1
The later of:
(a) immediately after the commencement of
the provisions covered by table item 7;
and
(b) the commencement of Schedule 2 to the
Combatting Child Sexual Exploitation
Legislation Amendment Act 2019.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
9. Schedule 6,
Part 3, Division 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 7;
and
(b) the commencement of Schedule 3 to the
Combatting Child Sexual Exploitation
Legislation Amendment Act 2019.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
10. Schedule 7,
Part 1, Division 1
The day after this Act receives the Royal
Assent.
11. Schedule 7,
Part 1, Division 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 10;
and
(b) the commencement of Schedule 1 to the
Counter-Terrorism Legislation
Amendment (2019 Measures No. 1) Act
2019.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
12. Schedule 7,
Part 2
The day after this Act receives the Royal
Assent.
13. Schedule 8
The 28th day after this Act receives the
Royal Assent.
14. Schedules 9
to 12
The day after this Act receives the Royal
Assent.
15. Schedule 13
The 28th day after this Act receives the
Royal Assent.
16. Schedule 14
The day after this Act receives the Royal
Assent.
4
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
5
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
6
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
7
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
8
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(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
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
9
Schedule 4--Strengthening child sex offences
1
Part 1--Main amendments
2
Criminal Code Act 1995
3
1 After paragraph 272.5(3)(b) of the Criminal Code
4
Insert:
5
(ba) section 272.15A ("grooming" person to make it easier to
6
engage in sexual activity with a child outside Australia); or
7
2 Subsection 272.9(1) of the Criminal Code (before the
8
penalty)
9
Insert:
10
Note:
A person is taken to engage in sexual activity if the person is in the
11
presence of another person (including by a means of communication
12
that allows the person to see or hear the other person) while the other
13
person engages in sexual activity: see the definition of engage in
14
sexual activity in the Dictionary.
15
3 Section 272.10 of the Criminal Code (heading)
16
Repeal the heading, substitute:
17
272.10 Aggravated offence--sexual intercourse or other sexual
18
activity with child outside Australia
19
4 Paragraph 272.10(1)(b) of the Criminal Code
20
Repeal the paragraph, substitute:
21
(b) one or more of the following apply:
22
(i) the child has a mental impairment at the time the person
23
commits the underlying offence;
24
(ii) the person is in a position of trust or authority in relation
25
to the child, or the child is otherwise under the care,
26
supervision or authority of the person, at the time the
27
person commits the underlying offence;
28
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
10
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(iii) the child is subjected to cruel, inhuman or degrading
1
treatment in connection with the sexual activity referred
2
to in subsection 272.8(1) or (2) or 272.9(1) or (2);
3
(iv) the child dies as a result of physical harm suffered in
4
connection with the sexual activity referred to in
5
subsection 272.8(1) or (2) or 272.9(1) or (2).
6
5 Subsection 272.13(1) of the Criminal Code (before the
7
penalty)
8
Insert:
9
Note:
A person is taken to engage in sexual activity if the person is in the
10
presence of another person (including by a means of communication
11
that allows the person to see or hear the other person) while the other
12
person engages in sexual activity: see the definition of engage in
13
sexual activity in the Dictionary.
14
6 After section 272.15 of the Criminal Code
15
Insert:
16
272.15A "Grooming" person to make it easier to engage in sexual
17
activity with a child outside Australia
18
(1) A person (the defendant) commits an offence if:
19
(a) the defendant engages in conduct in relation to another
20
person (the third party); and
21
(b) the defendant does so with the intention of making it easier to
22
procure a person (the child) to engage in sexual activity
23
(whether or not with the defendant) outside Australia; and
24
(c) the child is someone:
25
(i) who is under 16; or
26
(ii) who the defendant believes to be under 16; and
27
(d) one or more of the following apply:
28
(i) the conduct referred to in paragraph (a) occurs wholly or
29
partly outside Australia;
30
(ii) the third party or the child (or both) is outside Australia
31
when the conduct referred to in paragraph (a) occurs;
32
(iii) the conduct referred to in paragraph (a) occurs wholly in
33
Australia and both the third party and the child are in
34
Australia when that conduct occurs.
35
Strengthening child sex offences Schedule 4
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
11
Penalty: Imprisonment for 15 years.
1
(2) Absolute liability applies to subparagraph (1)(c)(i) and
2
paragraph (1)(d).
3
Note 1:
For absolute liability, see section 6.2.
4
Note 2:
For a defence based on belief about age, see section 272.16.
5
(3) A person may be found guilty of an offence against subsection (1)
6
even if it is impossible for the sexual activity referred to in that
7
subsection to take place.
8
(4) For the purposes of subsection (1), it does not matter that the third
9
party or the child is a fictitious person represented to the person as
10
a real person.
11
7 Subsection 272.16(3) of the Criminal Code (heading)
12
Repeal the heading, substitute:
13
Procuring and "grooming" offences--belief that child at least 16
14
8 Subsection 272.16(3) of the Criminal Code
15
Omit "or 272.15", substitute ", 272.15 or 272.15A".
16
9 After section 471.25 of the Criminal Code
17
Insert:
18
471.25A Using a postal or similar service to "groom" another person
19
to make it easier to procure persons under 16
20
(1) A person (the sender) commits an offence if:
21
(a) the sender causes an article to be carried by a postal or
22
similar service to another person (the recipient); and
23
(b) the sender does this with the intention of making it easier to
24
procure a person (the child) to engage in sexual activity with
25
the sender; and
26
(c) the child is someone who is, or who the sender believes to be,
27
under 16; and
28
(d) the sender is at least 18.
29
Penalty: Imprisonment for 15 years.
30
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
12
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(2) A person (the sender) commits an offence if:
1
(a) the sender causes an article to be carried by a postal or
2
similar service to another person (the recipient); and
3
(b) the sender does this with the intention of making it easier to
4
procure a person (the child) to engage in sexual activity with
5
another person (the participant); and
6
(c) the child is someone who is, or who the sender believes to be,
7
under 16; and
8
(d) the participant is someone who is, or who the sender believes
9
to be, at least 18.
10
Penalty: Imprisonment for 15 years.
11
(3) A person (the sender) commits an offence if:
12
(a) the sender causes an article to be carried by a postal or
13
similar service 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) to engage in sexual activity with
16
another person; and
17
(c) the child is someone who is, or who the sender believes to be,
18
under 16; and
19
(d) the other person referred to in paragraph (b) is someone who
20
is, or who the sender believes to be, under 18; and
21
(e) the sender intends that the sexual activity referred to in
22
paragraph (b) will take place in the presence of:
23
(i) the sender; or
24
(ii) another person (the participant) who is, or who the
25
sender believes to be, at least 18.
26
Penalty: Imprisonment for 15 years.
27
10 Subsection 471.27(1) of the Criminal Code
28
After "Subdivision", insert "(other than section 471.25A)".
29
11 After subsection 471.27(1) of the Criminal Code
30
Insert:
31
Strengthening child sex offences Schedule 4
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
13
(1A) For the purposes of an offence against section 471.25A, absolute
1
liability applies to the physical element of circumstance of the
2
offence that the child is someone who is under 16.
3
Note 1:
For absolute liability, see section 6.2.
4
Note 2:
For a defence based on belief about age, see section 471.29.
5
12 Subsection 471.27(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
13 Subsections 471.27(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 this Subdivision, evidence that a person was
12
represented to the defendant as being under, of, at least or over a
13
particular age is, in the absence of evidence to the contrary, proof
14
that the defendant believed the person to be under, of, at least or
15
over that age (as the case requires).
16
14 Subsection 471.28(1) of the Criminal Code
17
Omit "or 471.25", substitute ", 471.25 or 471.25A".
18
15 Subsection 471.28(2) of the Criminal Code (heading)
19
Repeal the heading, substitute:
20
Fictitious persons
21
16 After subsection 471.28(2) of the Criminal Code
22
Insert:
23
(2A) For the purposes of an offence against section 471.25A, it does not
24
matter that the child is a fictitious person represented to the sender
25
as a real person.
26
17 Subsection 471.28(3) of the Criminal Code
27
Omit "or 471.25", substitute ", 471.25 or 471.25A".
28
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
14
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
18 Subsection 471.29(1) of the Criminal Code (heading)
1
Repeal the heading, substitute:
2
Belief that certain persons at least 16
3
19 Subsection 471.29(1) of the Criminal Code
4
After "Subdivision", insert "(other than section 471.25A)".
5
20 After subsection 471.29(1) of the Criminal Code
6
Insert:
7
(1A) It is a defence to a prosecution for an offence against
8
section 471.25A if the defendant proves that, at the time he or she
9
caused the article to be carried, the defendant believed that the
10
child was at least 16.
11
Note:
A defendant bears a legal burden in relation to the matter in this
12
subsection, see section 13.4.
13
21 Subsection 471.29(2) of the Criminal Code (heading)
14
Repeal the heading, substitute:
15
Procuring and "grooming" offences involving child engaging in
16
sexual activity with other participant--belief that participant under
17
18
18
22 Subsection 471.29(2) of the Criminal Code
19
Omit "or 471.25(2) or (3)", substitute ", 471.25(2) or (3) or 471.25A(2)
20
or (3)".
21
23 Subsection 471.29(3) of the Criminal Code
22
After "(1)", insert ", (1A)".
23
24 After section 474.23 of the Criminal Code
24
Insert:
25
474.23A Conduct for the purposes of electronic service used for
26
child abuse material
27
(1) A person commits an offence if:
28
Strengthening child sex offences Schedule 4
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
15
(a) the person engages in any of the following conduct:
1
(i) creating, developing, altering or maintaining an
2
electronic service;
3
(ii) controlling or moderating an electronic service;
4
(iii) making available, advertising or promoting an
5
electronic service;
6
(iv) assisting in doing anything covered by a preceding
7
subparagraph; and
8
(b) the person does so with the intention that the electronic
9
service be used:
10
(i) by that person; or
11
(ii) by another person;
12
in committing, or facilitating the commission of, an offence
13
against section 474.22 or 474.23.
14
Penalty: Imprisonment for 20 years.
15
(2) A person may be found guilty of an offence against subsection (1)
16
even if:
17
(a) committing the offence against section 474.22 or 474.23 is
18
impossible; or
19
(b) the electronic service is incapable of being used as mentioned
20
in paragraph (1)(b):
21
(i) at the time the person engages in the conduct mentioned
22
in paragraph (1)(a); or
23
(ii) at any other time.
24
(3) It is not an offence to attempt to commit an offence against
25
subsection (1).
26
(4) In this Code:
27
electronic service means a service a purpose of which is to:
28
(a) allow persons to access material using a carriage service; or
29
(b) deliver material to persons having equipment appropriate for
30
receiving that material, where the delivery of the service is by
31
means of a carriage service;
32
but does not include:
33
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
16
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(c) a broadcasting service (within the meaning of the
1
Broadcasting Services Act 1992); or
2
(d) a datacasting service (within the meaning of that Act).
3
25 Subsection 474.25A(1) of the Criminal Code (before the
4
penalty)
5
Insert:
6
Note:
Because of the definition of engage in sexual activity in the
7
Dictionary, this offence covers (for example):
8
(a) a person using a carriage service to see or hear, in real time, a
9
person under 16 engage in sexual activity; and
10
(b) a person engaging in sexual activity that is seen or heard, in real
11
time, by a person under 16 using a carriage service.
12
26 Subsection 474.25A(2) of the Criminal Code (before the
13
penalty)
14
Insert:
15
Note:
Because of the definition of engage in sexual activity in the
16
Dictionary, this offence covers (for example) causing a person under
17
16:
18
(a) to engage in sexual activity that is seen or heard, in real time, by
19
another person using a carriage service; or
20
(b) to use a carriage service to see or hear, in real time, another
21
person engage in sexual activity.
22
27 Section 474.25B of the Criminal Code (heading)
23
Repeal the heading, substitute:
24
474.25B Aggravated offence--using a carriage service for sexual
25
activity with person under 16 years of age
26
28 Paragraph 474.25B(1)(a) of the Criminal Code
27
After "an offence", insert "(the underlying offence)".
28
29 Paragraph 474.25B(1)(b) of the Criminal Code
29
Repeal the paragraph, substitute:
30
(b) one or more of the following apply:
31
(i) the child has a mental impairment at the time the person
32
commits the underlying offence;
33
Strengthening child sex offences Schedule 4
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
17
(ii) the person is in a position of trust or authority in relation
1
to the child, or the child is otherwise under the care,
2
supervision or authority of the person, at the time the
3
person commits the underlying offence;
4
(iii) the child is subjected to cruel, inhuman or degrading
5
treatment in connection with the sexual activity referred
6
to in subsection 474.25A(1) or (2);
7
(iv) the child dies as a result of physical harm suffered in
8
connection with the sexual activity referred to in
9
subsection 474.25A(1) or (2).
10
30 After section 474.27 of the Criminal Code
11
Insert:
12
474.27AA Using a carriage service to "groom" another person to
13
make it easier to procure persons under 16 years of age
14
(1) A person (the sender) commits an offence if:
15
(a) the sender uses a carriage service to transmit a
16
communication to another person (the recipient); and
17
(b) the sender does this with the intention of making it easier to
18
procure a person (the child) to engage in sexual activity with
19
the sender; and
20
(c) the child is someone who is, or who the sender believes to be,
21
under 16 years of age; and
22
(d) the sender is at least 18 years of age.
23
Penalty: Imprisonment for 15 years.
24
(2) A person (the sender) commits an offence if:
25
(a) the sender uses a carriage service to transmit a
26
communication to another person (the recipient); and
27
(b) the sender does this with the intention of making it easier to
28
procure a person (the child) to engage in sexual activity with
29
another person (the participant); and
30
(c) the child is someone who is, or who the sender believes to be,
31
under 16 years of age; and
32
(d) the participant is someone who is, or who the sender believes
33
to be, at least 18 years of age.
34
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
18
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Penalty: Imprisonment for 15 years.
1
(3) A person (the sender) commits an offence if:
2
(a) the sender uses a carriage service to transmit a
3
communication to another person (the recipient); and
4
(b) the sender does this with the intention of making it easier to
5
procure a person (the child) to engage in sexual activity with
6
another person; and
7
(c) the child is someone who is, or who the sender believes to be,
8
under 16 years of age; and
9
(d) the other person referred to in paragraph (b) is someone who
10
is, or who the sender believes to be, under 18 years of age;
11
and
12
(e) the sender intends that the sexual activity referred to in
13
paragraph (b) will take place in the presence of:
14
(i) the sender; or
15
(ii) another person (the participant) who is, or who the
16
sender believes to be, at least 18 years of age.
17
Penalty: Imprisonment for 15 years.
18
31 Paragraph 474.28(1)(a) of the Criminal Code
19
After "474.25A", insert "or 474.27AA".
20
32 Subsection 474.28(2) of the Criminal Code
21
Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or
22
474.27AA(2) or (3)".
23
33 Subsections 474.28(3) and (4) of the Criminal Code
24
Repeal the subsections, substitute:
25
Proof of belief about age--evidence of representation
26
(3) For the purposes of sections 474.26, 474.27, 474.27AA and
27
474.27A, evidence that a person was represented to the defendant
28
as being under, of, at least or over a particular age is, in the
29
absence of evidence to the contrary, proof that the defendant
30
believed the person to be under, of, at least or over that age (as the
31
case requires).
32
Strengthening child sex offences Schedule 4
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
19
34 Subsection 474.28(8) of the Criminal Code
1
Omit "or 474.27", substitute ", 474.27 or 474.27AA".
2
35 Subsection 474.28(9) of the Criminal Code (heading)
3
Repeal the heading, substitute:
4
Fictitious persons
5
36 Subsection 474.28(9) of the Criminal Code
6
After "474.27", insert ", 474.27AA".
7
37 After subsection 474.28(9) of the Criminal Code
8
Insert:
9
(9A) For the purposes of an offence against section 474.27AA, it does
10
not matter that the child is a fictitious person represented to the
11
sender as a real person.
12
38 Subsection 474.28(10) of the Criminal Code
13
Omit "or 474.27", substitute ", 474.27 or 474.27AA".
14
39 Subsection 474.29(4) of the Criminal Code (heading)
15
Repeal the heading, substitute:
16
Procuring and "grooming" offences involving child engaging in
17
sexual activity with other participant--belief that participant under
18
18 years of age
19
40 Subsection 474.29(4) of the Criminal Code
20
Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or
21
474.27AA(2) or (3)".
22
41 Subsection 474.29(5) of the Criminal Code (heading)
23
Repeal the heading, substitute:
24
Schedule 4 Strengthening child sex offences
Part 1 Main amendments
20
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Offences involving transmission of communication--belief that
1
certain persons at least 16 years of age
2
42 After subsection 474.29(5) of the Criminal Code
3
Insert:
4
(5A) It is a defence to a prosecution for an offence against
5
section 474.27AA if the defendant proves that, at the time the
6
communication was transmitted, the defendant believed that the
7
child was at least 16 years of age.
8
Note:
A defendant bears a legal burden in relation to the matter in this
9
subsection, see section 13.4.
10
43 Dictionary in the Criminal Code
11
Insert:
12
electronic service has the meaning given by
13
subsection 474.23A(4).
14
Strengthening child sex offences Schedule 4
Amendments contingent on the Combatting Child Sexual Exploitation Legislation
Amendment Act 2019 Part 2
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
21
Part 2--Amendments contingent on the Combatting
1
Child Sexual Exploitation Legislation
2
Amendment Act 2019
3
Criminal Code Act 1995
4
44 Paragraph 474.23A(1)(b) of the Criminal Code
5
After "474.22", insert ", 474.22A".
6
45 Paragraph 474.23A(2)(a) of the Criminal Code
7
After "474.22", insert ", 474.22A".
8
46 Subsections 474.24(1), (3) and (4) of the Criminal Code
9
Omit "or 474.23", substitute ", 474.23 or 474.23A".
10
Schedule 5 Increased penalties
22
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Schedule 5--Increased penalties
1
2
Criminal Code Act 1995
3
1 Subsection 272.8(1) of the Criminal Code (penalty)
4
Repeal the penalty, substitute:
5
Penalty: Imprisonment for 25 years.
6
2 Subsection 272.8(2) of the Criminal Code (penalty)
7
Repeal the penalty, substitute:
8
Penalty: Imprisonment for 25 years.
9
3 Subsection 272.9(1) of the Criminal Code (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 20 years.
12
4 Subsection 272.9(2) of the Criminal Code (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 20 years.
15
5 Subsection 272.10(1) of the Criminal Code (penalty)
16
Repeal the penalty, substitute:
17
Penalty: Imprisonment for life.
18
6 Subsection 272.11(1) of the Criminal Code (penalty)
19
Repeal the penalty, substitute:
20
Penalty: Imprisonment for 30 years.
21
7 Subsection 272.15(1) of the Criminal Code (penalty)
22
Repeal the penalty, substitute:
23
Penalty: Imprisonment for 15 years.
24
Increased penalties Schedule 5
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
23
8 Subsection 272.18(1) of the Criminal Code (penalty)
1
Repeal the penalty, substitute:
2
Penalty: Imprisonment for 25 years.
3
9 Subsection 272.19(1) of the Criminal Code (penalty)
4
Repeal the penalty, substitute:
5
Penalty: Imprisonment for 25 years.
6
10 Subsection 273.7(1) of the Criminal Code (penalty)
7
Repeal the penalty, substitute:
8
Penalty: Imprisonment for 30 years.
9
11 Subsection 471.22(1) of the Criminal Code (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 30 years.
12
12 Subsection 471.25(1) of the Criminal Code (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 15 years.
15
13 Subsection 471.25(2) of the Criminal Code (penalty)
16
Repeal the penalty, substitute:
17
Penalty: Imprisonment for 15 years.
18
14 Subsection 471.26(1) of the Criminal Code (penalty)
19
Repeal the penalty, substitute:
20
Penalty: Imprisonment for 10 years.
21
15 Subsection 474.24A(1) of the Criminal Code (penalty)
22
Repeal the penalty, substitute:
23
Penalty: Imprisonment for 30 years.
24
Schedule 5 Increased penalties
24
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
16 Subsection 474.25A(1) of the Criminal Code (penalty)
1
Repeal the penalty, substitute:
2
Penalty: Imprisonment for 20 years.
3
17 Subsection 474.25A(2) of the Criminal Code (penalty)
4
Repeal the penalty, substitute:
5
Penalty: Imprisonment for 20 years.
6
18 Subsection 474.25B(1) of the Criminal Code (penalty)
7
Repeal the penalty, substitute:
8
Penalty: Imprisonment for 30 years.
9
19 Subsection 474.27(1) of the Criminal Code (penalty)
10
Repeal the penalty, substitute:
11
Penalty: Imprisonment for 15 years.
12
20 Subsection 474.27(2) of the Criminal Code (penalty)
13
Repeal the penalty, substitute:
14
Penalty: Imprisonment for 15 years.
15
21 Subsection 474.27A(1) of the Criminal Code (penalty)
16
Repeal the penalty, substitute:
17
Penalty: Imprisonment for 10 years.
18
Minimum sentences Schedule 6
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
25
Schedule 6--Minimum sentences
1
Part 1--Main amendments
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
6 years
2
offence against subsection 272.8(2)
of the Criminal Code
6 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
7 years
6
offence against section 272.11 of the
Criminal Code
7 years
7
offence against section 272.18 of the
6 years
Schedule 6 Minimum sentences
Part 1 Main amendments
26
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Minimum penalty
Item
Column 1
Offence
Column 2
Sentence of imprisonment
Criminal Code
8
offence against section 272.19 of the
Criminal Code
6 years
9
offence against section 273.7 of the
Criminal Code
7 years
10
offence against section 471.22 of the
Criminal Code
7 years
11
offence against section 474.23A of
the Criminal Code
5 years
12
offence against section 474.24A of
the Criminal Code
7 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
7 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
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
27
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 272.15A(1) of the
Criminal Code
4 years
8
offence against subsection 272.20(1)
of the Criminal Code
3 years
9
offence against subsection 272.20(2)
of the Criminal Code
1 year
10
offence against subsection 273.6(1)
of the Criminal Code
4 years
11
offence against subsection 471.19(1)
of the Criminal Code
4 years
12
offence against subsection 471.19(2)
of the Criminal Code
4 years
13
offence against subsection 471.20(1)
of the Criminal Code
4 years
14
offence against subsection 471.24(1)
of the Criminal Code
4 years
15
offence against subsection 471.24(2)
of the Criminal Code
4 years
16
offence against subsection 471.24(3)
of the Criminal Code
4 years
17
offence against subsection 471.25(1)
4 years
Schedule 6 Minimum sentences
Part 1 Main amendments
28
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Minimum penalty
Item
Column 1
Current offence
Column 2
Sentence of imprisonment
of the Criminal Code
18
offence against subsection 471.25(2)
of the Criminal Code
4 years
19
offence against subsection 471.25(3)
of the Criminal Code
4 years
20
offence against
subsection 471.25A(1) of the
Criminal Code
4 years
21
offence against
subsection 471.25A(2) of the
Criminal Code
4 years
22
offence against
subsection 471.25A(3) of the
Criminal Code
4 years
23
offence against subsection 471.26(1)
of the Criminal Code
3 years
24
offence against subsection 474.22(1)
of the Criminal Code
4 years
25
offence against subsection 474.23(1)
of the Criminal Code
4 years
26
offence against subsection 474.26(1)
of the Criminal Code
4 years
27
offence against subsection 474.26(2)
of the Criminal Code
4 years
28
offence against subsection 474.26(3)
of the Criminal Code
4 years
29
offence against subsection 474.27(1)
of the Criminal Code
4 years
30
offence against subsection 474.27(2)
of the Criminal Code
4 years
31
offence against subsection 474.27(3)
of the Criminal Code
4 years
32
offence against
subsection 474.27AA(1) of the
Criminal Code
4 years
Minimum sentences Schedule 6
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
29
Minimum penalty
Item
Column 1
Current offence
Column 2
Sentence of imprisonment
33
offence against
subsection 474.27AA(2) of the
Criminal Code
4 years
34
offence against
subsection 474.27AA(3) of the
Criminal Code
4 years
35
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 cooperated 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
Schedule 6 Minimum sentences
Part 1 Main amendments
30
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
amount that is up to 25% of the period specified in column 2
1
of the applicable item in the relevant table;
2
(b) if the court is taking into account, under
3
paragraph 16A(2)(h), the person having cooperated with law
4
enforcement agencies in the investigation of the offence or of
5
a Commonwealth child sex offence--by an amount that is up
6
to 25% of the period specified in column 2 of the applicable
7
item in the relevant table;
8
(c) if the court is taking into account both of the matters in
9
paragraphs (a) and (b)--by an amount that is up to 50% of
10
the period specified in column 2 of the applicable item in the
11
relevant table.
12
3 Application provisions
13
(1)
Subject to subitem (2), the amendments made by this Part apply in
14
relation to conduct engaged in on or after the commencement of this
15
Part.
16
(2)
Section 16AAB of the Crimes Act 1914, as inserted by this Part, applies
17
in relation to a conviction for a Commonwealth child sexual abuse
18
offence where the relevant conduct was engaged in on or after the
19
commencement of this Part (regardless of whether the relevant previous
20
conviction of the person for a child sexual abuse offence occurred
21
before, on or after that commencement).
22
Minimum sentences Schedule 6
Technical amendments Part 2
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
31
Part 2--Technical amendments
1
Crimes Act 1914
2
4 Subsection 16(1) (definition of victim impact statement)
3
Omit "16AAA", substitute "16AAAA".
4
5 Section 16AAA
5
Renumber as section 16AAAA.
6
6 Paragraph 16A(2)(h)
7
Omit "co-operated", substitute "cooperated".
8
7 Saving provision
9
An instrument in force immediately before the commencement of this
10
item, that was made for the purposes of a provision of the Crimes Act
11
1914 referred to in column 1 of an item in the following table, remains
12
in force on and after that commencement as if it had been made for the
13
purposes of the provision of that Act referred to in column 2 of that
14
item.
15
16
Saving of instruments
Item
Column 1
Old provision
Column 2
Renumbered provision
1
Subsection 16AAA(3)
Subsection 16AAAA(3)
2
Subsection 16AAA(4)
Subsection 16AAAA(4)
17
Schedule 6 Minimum sentences
Part 3 Amendments contingent on the Combatting Child Sexual Exploitation
Legislation Amendment Act 2019
32
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Part 3--Amendments contingent on the Combatting
1
Child Sexual Exploitation Legislation
2
Amendment Act 2019
3
Division 1
--Amendments relating to the offence of
4
possession of child-like sex dolls etc.
5
Crimes Act 1914
6
8 Subsection 16AAB(2) (after table item 10)
7
Insert:
8
9
10A
offence against section 273A.1 of
the Criminal Code
4 years
Division 2
--Amendments relating to the offence of
10
possessing or controlling child abuse material
11
obtained or accessed using a carriage service
12
Crimes Act 1914
13
9 Subsection 16AAB(2) (after table item 24)
14
Insert:
15
16
24A
offence against
subsection 474.22A(1) of the
Criminal Code
4 years
Presumption against bail Schedule 7
Court records Part 1
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
33
Schedule 7--Presumption against bail
1
Part 1--Court records
2
Division 1
--Main amendments
3
Crimes Act 1914
4
1 After subsection 15AA(3)
5
Insert:
6
(3AAA) If the bail authority is a court and it grants bail, the court must:
7
(a) state its reasons; and
8
(b) cause those reasons to be entered in the court's records.
9
2 Application provision
10
The amendment made by this Division applies in relation to a decision,
11
made on or after the commencement of this Division, by a bail authority
12
to grant bail to a person charged with, or convicted of, an offence
13
(whether the person was charged with, or convicted of, the offence
14
before, on or after that commencement).
15
Division 2
--Amendments contingent on the
16
Counter-Terrorism Legislation Amendment
17
(2019 Measures No. 1) Act 2019
18
Crimes Act 1914
19
3 Before subsection 15AA(3AAA)
20
Insert:
21
Entering reasons in court records if court grants bail
22
Schedule 7 Presumption against bail
Part 2 Commonwealth child sex offenders
34
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Part 2--Commonwealth child sex offenders
1
Crimes Act 1914
2
4 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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
35
(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; 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
36
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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
5 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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
37
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.
38
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
39
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
40
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
41
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
42
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
43
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
44
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(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. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
45
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 Revocation of parole order or licence
46
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
Schedule 13--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 prescribed authority is fixing a non-parole period under
9
section 19AW in respect of a federal offender:
10
(a) who is released on parole or licence; and
11
(b) whose parole order or licence has subsequently been revoked
12
under section 19AU; and
13
(c) who does not get the benefit of subsection (2) in calculating
14
the part of any federal sentence of imprisonment remaining to
15
be served at the time of release;
16
the prescribed authority must have regard to the period of time
17
spent by the person on parole or licence before that parole order or
18
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 13
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
47
(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 13 Revocation of parole order or licence
48
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(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 13
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
49
(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 13 Revocation of parole order or licence
50
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
(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 13
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
51
(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 13 Revocation of parole order or licence
52
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
No. , 2019
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
Definitions Schedule 14
No. , 2019
Crimes Legislation Amendment (Sexual Crimes Against Children and
Community Protection Measures) Bill 2019
53
Schedule 14--Definitions
1
2
Crimes Act 1914
3
1 Subsection 3(1)
4
Insert:
5
child sexual abuse offence means:
6
(a) a Commonwealth child sex offence; or
7
(b) an offence against section 273.5, 471.16, 471.17, 474.19 or
8
474.20 of the Criminal Code as in force at any time before
9
the commencement of Schedule 7 to the Combatting Child
10
Sexual Exploitation Legislation Amendment Act 2019; or
11
(c) an offence against Part IIIA of this Act as in force at any time
12
before the commencement of Schedule 1 to the Crimes
13
Legislation Amendment (Sexual Offences Against Children)
14
Act 2010; or
15
(d) a State or Territory registrable child sex offence.
16
Commonwealth child sexual abuse offence means a
17
Commonwealth child sex offence, other than an offence against
18
subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11,
19
272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A,
20
subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the
21
Criminal Code.
22
State or Territory registrable child sex offence means an offence:
23
(a) that a person becomes, or may at any time have become, a
24
person whose name is entered on a child protection offender
25
register (however described) of a State or Territory for
26
committing; and
27
(b) in respect of which:
28
(i) a child was a victim or an intended victim; or
29
(ii) the offending involved child abuse material.
30
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