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CLAUSE NOTES
Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against
Children) Bill 2017
Clause 1: Short title of the Bill.
Clause 2: The Act commences on Royal Assent.
Clause 3: Principal Act is the Sentencing Act 1997.
Clause 4: Inserts section 16AA which provides the matters the court is to have
regard to in relation to exceptional circumstances for the purposes of
sections 16A and 16B of the Principal Act.
Clause 5: Inserts section 16B and defines ‘aggravating circumstance’ and ‘minimum
period’ for the purposes of sections 124 (Sexual intercourse with a young
person), 125A (Maintaining sexual relationship with a young person) and
185 (Rape) of the Criminal Code.
This new section provides:
that the minimum term of imprisonment for an offence under
section 124 of the Criminal Code committed in relation to a victim
under 17 years in a circumstance of aggravation is 2 years’
imprisonment;
that the minimum term of imprisonment for an offence under
section 125A of the Criminal Code committed in relation to a victim
under 17 years in a circumstance of aggravation is 3 years’
imprisonment if none of the unlawful sexual acts is a crime of rape;
that the minimum term of imprisonment for an offence under
section 125A of the Criminal Code committed in relation to a victim
under 17 years is 4 years’ imprisonment where one the unlawful
sexual acts is a crime of rape;
that the minimum term of imprisonment for an offence under
section 185 of the Criminal Code committed in relation to a victim
under 17 years is 4 years’ imprisonment; and
that a mandatory minimum sentence does not apply to offenders
who are under the age of 18 years at the time of the commission
of the offence; and offenders with impaired mental functioning that
is causally linked to the offence or where there are exceptional
circumstances.
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Inserts Section 16C in relation to the application of the Principal Act.
This new section provides:
that section 10(2)(b)(v) of the Principal Act does not apply in
relation to the new section 16B;
the court must not make or amend an order (with the exception
of a parole order) that the offender serve a term of mandatory
minimum imprisonment so that the effect is that the person is not
imprisoned for the minimum term;
section 11 of the Principal Act applies to mandatory minimum
sentences such that the court may make a single, general or mixed
sentence;
courts may impose sentences greater than the mandatory
minimum sentence;
sentences are to operate as a ‘floor’ for offences rather than
increasing all sentences;
section 12 of the Principal Act does not apply to mandatory
minimum sentences, that is, the court may not impose an non-
custodial sentence as an alternative; and
the court may make additional sentencing orders that do not
impact the operation of the sentence of imprisonment.
Clause 6: Provides that this Act is repealed a year after it commences.
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