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New South Wales
Crimes Amendment (Sexual Offences)
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of other Acts and instrument 2
5 Repeal of Act 2
Schedule 1 Amendment of Crimes Act 1900 3
Schedule 2 Amendment of other Acts and instrument 17
b2008-117-40.d18
New South Wales
Crimes Amendment (Sexual Offences)
Bill 2008
No , 2008
A Bill for
An Act to amend the Crimes Act 1900 and other criminal legislation to make further
provision with respect to sexual offences, sentencing and other matters.
Clause 1 Crimes Amendment (Sexual Offences) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Sexual Offences) Act 2008. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation, 5
except as provided by subsection (2). 6
(2) Schedule 1 [10] commences on the commencement of Schedule 1 [9] 7
or, if Schedule 1 [1] to the Crimes Amendment (Cognitive Impairment-- 8
Sexual Offences) Act 2008 has not commenced when Schedule 1 [9] to 9
this Act commences, on the commencement of Schedule 1 [1] to the 10
Crimes Amendment (Cognitive Impairment--Sexual Offences) Act 11
2008. 12
3 Amendment of Crimes Act 1900 No 40 13
The Crimes Act 1900 is amended as set out in Schedule 1. 14
4 Amendment of other Acts and instrument 15
The Acts and instrument specified in Schedule 2 are amended as set out 16
in that Schedule. 17
5 Repeal of Act 18
(1) This Act is repealed on the day following the day on which all of the 19
provisions of this Act have commenced. 20
(2) The repeal of this Act does not, because of the operation of section 30 21
of the Interpretation Act 1987, affect any amendment made by this Act. 22
Page 2
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 1
(Section 3) 2
[1] Section 61J Aggravated sexual assault 3
Insert at the end of section 61J (2) (g): 4
, or 5
(h) the alleged offender breaks and enters into any 6
dwelling-house or other building with the intention of 7
committing the offence or any other serious indictable 8
offence, or 9
(i) the alleged offender deprives the alleged victim of his or 10
her liberty for a period before or after the commission of 11
the offence. 12
[2] Section 61J (3) 13
Insert after section 61J (2): 14
(3) In this section, building has the same meaning as it does in 15
Subdivision 4 of Division 1 of Part 4. 16
[3] Section 61M Aggravated indecent assault 17
Omit "the age of 10 years" from section 61M (2). 18
Insert instead "the age of 16 years". 19
[4] Section 61M (3) (b) 20
Omit the paragraph. 21
[5] Section 61O Aggravated act of indecency 22
Insert after section 61O (2): 23
(2A) A person: 24
(a) who commits an act of indecency with or towards a person 25
under the age of 16 years, or incites a person under the age 26
of 16 years to an act of indecency with or towards that 27
person or another person, and 28
(b) who knows that the act of indecency is being filmed for the 29
purposes of the production of child pornography, 30
is guilty of an offence. 31
Maximum penalty: imprisonment for 10 years. 32
Page 3
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
[6] Section 61O (3) 1
Omit "In this section". 2
Insert instead "For the purposes subsections (1) and (1A)". 3
[7] Section 61O (4) 4
Insert after section 61O (3): 5
(4) For the purposes of subsection (2A): 6
(a) child pornography has the meaning given by Division 7
15A, and 8
(b) an act of indecency is being filmed if one or more images 9
(whether still or moving) of the act of indecency are being 10
recorded or transmitted for the purpose of enabling those 11
images to be observed by any person (whether during the 12
filming or later). 13
[8] Section 61Q Alternative verdicts 14
Insert as section 61Q (6): 15
(6) Question of whether offence committed for purposes of 16
production of child pornography 17
If on the trial of a person for an offence under section 61O (2A) 18
the jury is not satisfied that the accused is guilty of the offence 19
charged, but is satisfied on the evidence that the accused is guilty 20
of an offence under section 61O (2) or 61N, it may find the 21
accused not guilty of the offence charged but guilty of the latter 22
offence, and the accused is liable to punishment accordingly. 23
[9] Section 66A 24
Omit the section. Insert instead: 25
66A Sexual intercourse--child under 10 26
(1) Child under 10 27
Any person who has sexual intercourse with another person who 28
is under the age of 10 years is guilty of an offence. 29
Maximum penalty: imprisonment for 25 years. 30
(2) Child under 10--aggravated offence 31
Any person who has sexual intercourse with another person who 32
is under the age of 10 years in circumstances of aggravation is 33
guilty of an offence. 34
Maximum penalty: imprisonment for life. 35
Page 4
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
(3) In this section, circumstances of aggravation means 1
circumstances in which: 2
(a) at the time of, or immediately before or after, the 3
commission of the offence, the alleged offender 4
intentionally or recklessly inflicts actual bodily harm on 5
the alleged victim or any other person who is present or 6
nearby, or 7
(b) at the time of, or immediately before or after, the 8
commission of the offence, the alleged offender threatens 9
to inflict actual bodily harm on the alleged victim or any 10
other person who is present or nearby by means of an 11
offensive weapon or instrument, or 12
(c) the alleged offender is in the company of another person or 13
persons, or 14
(d) the alleged victim is (whether generally or at the time of 15
the commission of the offence) under the authority of the 16
alleged offender, or 17
(e) the alleged victim has a serious physical disability, or 18
(f) the alleged victim has a serious intellectual disability, or 19
(g) the alleged offender took advantage of the alleged victim 20
being under the influence of alcohol or a drug in order to 21
commit the offence, or 22
(h) the alleged offender deprives the alleged victim of his or 23
her liberty for a period before or after the commission of 24
the offence. 25
(4) A person sentenced to imprisonment for life for an offence under 26
subsection (2) is to serve that sentence for the term of the person's 27
natural life. 28
(5) Nothing in this section affects the operation of section 21 of the 29
Crimes (Sentencing Procedure) Act 1999 (which authorises the 30
passing of a lesser sentence than imprisonment for life). 31
(6) Nothing in this section affects the prerogative of mercy. 32
(7) If on the trial of a person charged with another offence against 33
this Act the person is instead found guilty of an offence against 34
this section (as provided by section 61Q), the maximum penalty 35
that may be imposed on the person for the offence against this 36
section is the penalty for the offence charged. 37
Page 5
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
[10] Section 66A (as substituted by this Act) 1
Omit "serious intellectual disability" from section 66A (3) (f). 2
Insert instead "cognitive impairment". 3
[11] Section 66C Sexual intercourse--child between 10 and 16 4
Insert at the end of section 66C (5) (g): 5
, or 6
(h) the alleged offender deprives the alleged victim of his or 7
her liberty for a period before or after the commission of 8
the offence. 9
[12] Section 66E 10
Omit the section. Insert instead: 11
66E Alternative verdicts 12
(1) If on the trial of a person for an offence under section 66A (1) or 13
(2) the jury is not satisfied that the accused is guilty of the offence 14
charged, but is satisfied that the accused is guilty of an offence 15
under section 66B, 66C (1), (2), (3) or (4) or 66D, it may find the 16
accused not guilty of the offence charged but guilty of an offence 17
under section 66B, 66C (1), (2), (3) or (4) or 66D. The accused is 18
liable to punishment accordingly. 19
(2) If on the trial of a person for an offence under section 66A (2) the 20
jury is not satisfied that the accused is guilty of the offence 21
charged, but is satisfied that the accused is guilty of an offence 22
under section 66A (1), it may find the accused not guilty of the 23
offence charged but guilty of an offence under section 66A (1). 24
The accused is liable to punishment accordingly. 25
(3) If on the trial of a person for an offence under section 66C (2) or 26
(4) the jury is not satisfied that the accused is guilty of the offence 27
charged, but is satisfied that the accused is guilty of an offence 28
under section 66C (1) or (3), it may find the accused not guilty of 29
the offence charged but guilty of an offence under section 66C (1) 30
or (3). The accused is liable to punishment accordingly. 31
(4) If on the trial of a person for an offence under section 66C (1) or 32
(2) the jury is not satisfied that the accused is guilty of the offence 33
charged, but is satisfied that the accused is guilty of an offence 34
under section 66C (3) or (4), it may find the accused not guilty of 35
the offence charged but guilty of an offence under section 66C (3) 36
or (4). The accused is liable to punishment accordingly. 37
Page 6
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
(5) If on the trial of a person for an offence under section 66C the jury 1
is not satisfied that the accused is guilty of the offence charged, 2
but is satisfied that the accused is guilty of an offence under 3
section 66D, it may find the accused not guilty of the offence 4
charged but guilty of an offence under section 66D. The accused 5
is liable to punishment accordingly. 6
[13] Section 66EB Procuring or grooming child under 16 for unlawful sexual 7
activity 8
Omit "or 15" from the definition of unlawful sexual activity in section 9
66EB (1). 10
Insert instead ", 15 or 15A". 11
[14] Section 66EB (2A) and (2B) 12
Insert after section 66EB (2): 13
(2A) Meeting child following grooming 14
An adult person: 15
(a) who intentionally meets a child, or travels with the 16
intention of meeting a child, whom the adult person has 17
groomed for sexual purposes, and 18
(b) who does so with the intention of procuring the child for 19
unlawful sexual activity with that adult person or any other 20
person, 21
is guilty of an offence. 22
Maximum penalty: 23
(a) in the case of a child who is under the age of 14 years-- 24
imprisonment for 15 years, or 25
(b) in any other case--imprisonment for 12 years. 26
(2B) For the purposes of subsection (2A), a child has been groomed 27
for sexual purposes by an adult person if, on one or more 28
previous occasions, the adult person has engaged in conduct that 29
exposed the child to indecent material. 30
[15] Section 66EB (6) 31
Insert ", (2A)" after "subsection (2)". 32
[16] Section 66EB (8) 33
Insert "or (2A)" after "subsection (2)". 34
Page 7
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
[17] Section 77 Consent no defence in certain cases 1
Omit "or 61O (1) or (2), 66A,". 2
Insert instead ", 61O (1), (2) or (2A), 66A (1) or (2),". 3
[18] Section 80D Causing sexual servitude 4
Omit "19 years" from the penalty provision to section 80D (2). 5
Insert instead "20 years". 6
[19] Part 3, Division 10B 7
Insert after Division 10A: 8
Division 10B Incitement to commit sexual offence 9
80G Incitement to commit sexual offence 10
(1) A person who incites the commission of an offence under 11
Division 10, 10A or 15A is guilty of an offence and is liable to 12
the penalty provided for the commission of the offence. 13
(2) For the person to be guilty, the person must intend that the 14
offence incited be committed. 15
(3) A person may be found guilty even if committing the offence 16
incited is impossible. 17
(4) Any defences, procedures, limitations or qualifying provisions 18
that apply to the offence incited also apply to an offence under 19
this section. 20
(5) It is not an offence to incite the commission of the following 21
offences: 22
(a) an offence against section 61N or 61O that is constituted 23
by inciting another person to an act of indecency, 24
(b) an offence against section 61P, 66B, 66D, 66EB, 66F (4), 25
73 (4), 78B or 80. 26
[20] Part 3, Division 15, heading 27
Omit "and pornography". 28
[21] Section 91C Definitions 29
Omit the definition of material. 30
Page 8
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
[22] Section 91E Obtaining benefit from child prostitution 1
Insert "or, if the act of child prostitution involves a child under the age of 2
14 years, to imprisonment for 14 years" after "10 years" in section 91E (1). 3
[23] Section 91E (3) 4
Insert after section 91E (2): 5
(3) The higher maximum penalty under this section in the case of an 6
offence involving a child under the age of 14 years does not apply 7
unless the age of the child is set out in the charge for the offence. 8
[24] Part 3, Division 15A 9
Insert before section 91G: 10
Division 15A Child pornography 11
91FA Definitions 12
For the purposes of this Division: 13
child means a person who is under the age of 16 years. 14
material includes any film, printed matter, electronic data or any 15
other thing of any kind (including any computer image or other 16
depiction). 17
[25] Section 91H Production, dissemination or possession of child 18
pornography 19
Omit the definition of child pornography from section 91H (1). Insert instead: 20
child pornography means material that depicts or describes (or 21
appears to depict or describe), in a manner that would in all the 22
circumstances cause offence to reasonable persons, a person who 23
is (or appears to be) a child: 24
(a) engaged in sexual activity, or 25
(b) in a sexual context, or 26
(c) as the victim of torture, cruelty or physical abuse (whether 27
or not in a sexual context). 28
[26] Section 91H (1) 29
Insert in alphabetical order: 30
produce child pornography includes: 31
(a) film, photograph, print or otherwise make child 32
pornography, or 33
Page 9
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
(b) alter or manipulate any image for the purpose of making 1
child pornography, or 2
(c) enter into any agreement or arrangement to do so. 3
[27] Section 91H (2) 4
Omit section 91H (2) and (3). Insert instead: 5
(2) Production, dissemination or possession of child pornography 6
A person who produces, disseminates or possesses child 7
pornography is guilty of an offence. 8
Maximum penalty: imprisonment for 10 years. 9
[28] Section 91H (4) 10
Omit "or (3)". 11
[29] Section 91H (5) 12
Omit "any charge for an offence under subsection (3)". 13
Insert instead "a charge for an offence under subsection (2) not involving the 14
production or dissemination of child pornography". 15
[30] Section 91H (6) 16
Insert after section 91H (5): 17
(6) Alteration of images 18
A reference in this section to material that appears to depict or 19
describe a person who is a child, or a person as referred to in 20
paragraph (a), (b) or (c) of the definition of child pornography, 21
includes a reference to material that contains or displays an image 22
of a person that has been altered or manipulated so that the person 23
appears to be a child, or appears as referred to in any of those 24
paragraphs, or both. 25
[31] Part 3, Division 15B 26
Insert after section 91H: 27
Division 15B Voyeurism and related offences 28
91I Definitions 29
(1) In this Division: 30
building includes a vehicle, vessel, tent or temporary structure. 31
Page 10
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
private parts means a person's genital area or anal area, whether 1
bare or covered by underwear. 2
(2) For the purposes of this Division, a person is engaged in a private 3
act if: 4
(a) the person is in a state of undress, using the toilet, 5
showering or bathing, engaged in a sexual act of a kind not 6
ordinarily done in public, or engaged in any other like 7
activity, and 8
(b) the circumstances are such that a reasonable person would 9
reasonably expect to be afforded privacy. 10
(3) For the purposes of this Division, a person films another person, 11
or another person's private parts, if the person causes one or more 12
images (whether still or moving) of the other person or the other 13
person's private parts to be recorded or transmitted for the 14
purpose of enabling the person or a third person to observe those 15
images (whether during the filming or later). 16
91J Voyeurism 17
(1) General offence 18
A person who, for the purpose of obtaining sexual arousal or 19
sexual gratification, observes a person who is engaged in a 20
private act: 21
(a) without the consent of the person being observed to being 22
observed for that purpose, and 23
(b) knowing that the person being observed does not consent 24
to being observed for that purpose, 25
is guilty of an offence. 26
Maximum penalty: 100 penalty units or imprisonment for 27
2 years, or both. 28
(2) An offence against subsection (1) is a summary offence. 29
(3) Aggravated offence 30
A person who, for the purpose of obtaining sexual arousal or 31
sexual gratification, observes a person who is engaged in a 32
private act: 33
(a) without the consent of the person being observed to being 34
observed for that purpose, and 35
(b) knowing that the person being observed does not consent 36
to being observed for that purpose, and 37
Page 11
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
(c) in circumstances of aggravation, 1
is guilty of an offence. 2
Maximum penalty: imprisonment for 5 years. 3
(4) In this section, circumstances of aggravation means 4
circumstances in which: 5
(a) the person whom the offender observed was a child under 6
the age of 16 years, or 7
(b) the offender constructed or adapted the fabric of any 8
building for the purpose of facilitating the commission of 9
the offence. 10
(5) Alternative verdict 11
If on the trial of a person charged with an offence against 12
subsection (3) the trier of fact is not satisfied that the offence is 13
proven but is satisfied that the person has committed an offence 14
against subsection (1), the trier of fact may acquit the person of 15
the offence charged and find the person guilty of an offence 16
against subsection (1). The person is liable to punishment 17
accordingly. 18
(6) Attempts 19
A person who attempts to commit an offence under subsection 20
(1) or (3) is liable to the penalty provided for the commission of 21
the offence. 22
91K Filming a person engaged in private act 23
(1) General offence 24
A person who, for the purpose of obtaining, or enabling another 25
person to obtain, sexual arousal or sexual gratification, films 26
another person who is engaged in a private act: 27
(a) without the consent of the person being filmed to being 28
filmed for that purpose, and 29
(b) knowing that the person being filmed does not consent to 30
being filmed for that purpose, 31
is guilty of an offence. 32
Maximum penalty: 100 penalty units or imprisonment for 33
2 years, or both. 34
(2) An offence against subsection (1) is a summary offence. 35
Page 12
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
(3) Aggravated offence 1
A person who, for the purpose of obtaining, or enabling another 2
person to obtain, sexual arousal or sexual gratification, films 3
another person who is engaged in a private act: 4
(a) without the consent of the person being filmed to being 5
filmed for that purpose, and 6
(b) knowing that the person being filmed does not consent to 7
being filmed for that purpose, and 8
(c) in circumstances of aggravation, 9
is guilty of an offence. 10
Maximum penalty: imprisonment for 5 years. 11
(4) In this section, circumstances of aggravation means 12
circumstances in which: 13
(a) the person whom the offender filmed was a child under the 14
age of 16 years, or 15
(b) the offender constructed or adapted the fabric of any 16
building for the purpose of facilitating the commission of 17
the offence. 18
(5) Alternative verdict 19
If on the trial of a person charged with an offence against 20
subsection (3) the trier of fact is not satisfied that the offence is 21
proven but is satisfied that the person has committed an offence 22
against subsection (1), the trier of fact may acquit the person of 23
the offence charged and find the person guilty of an offence 24
against subsection (1). The person is liable to punishment 25
accordingly. 26
(6) Attempts 27
A person who attempts to commit an offence under subsection 28
(1) or (3) is liable to the penalty provided for the commission of 29
the offence. 30
91L Filming a person's private parts 31
(1) General offence 32
A person who, for the purpose of obtaining, or enabling another 33
person to obtain, sexual arousal or sexual gratification, films 34
another person's private parts, in circumstances in which a 35
reasonable person would reasonably expect the person's private 36
parts could not be filmed: 37
Page 13
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
(a) without the consent of the person being filmed to being 1
filmed for that purpose, and 2
(b) knowing that the person being filmed does not consent to 3
being filmed for that purpose, 4
is guilty of an offence. 5
Maximum penalty: 100 penalty units or imprisonment for 6
2 years, or both. 7
(2) An offence against subsection (1) is a summary offence. 8
(3) Aggravated offence 9
A person who, for the purpose of obtaining, or enabling another 10
person to obtain, sexual arousal or sexual gratification, films 11
another person's private parts, in circumstances in which a 12
reasonable person would expect that his or her private parts could 13
not be filmed: 14
(a) without the consent of the person being filmed to being 15
filmed for that purpose, and 16
(b) knowing that the person being filmed does not consent to 17
being filmed for that purpose, and 18
(c) in circumstances of aggravation, 19
is guilty of an offence. 20
Maximum penalty: imprisonment for 5 years. 21
(4) In this section, circumstances of aggravation means 22
circumstances in which: 23
(a) the person whom the offender filmed was a child under the 24
age of 16 years, or 25
(b) the offender constructed or adapted the fabric of any 26
building for the purpose of facilitating the commission of 27
the offence. 28
(5) Alternative verdict 29
If on the trial of a person charged with an offence against 30
subsection (3) the trier of fact is not satisfied that the offence is 31
proven but is satisfied that the person has committed an offence 32
against subsection (1), the trier of fact may acquit the person of 33
the offence charged and find the person guilty of an offence 34
against subsection (1). The person is liable to punishment 35
accordingly. 36
Page 14
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of Crimes Act 1900 Schedule 1
(6) Attempts 1
A person who attempts to commit an offence under subsection 2
(1) or (3) is liable to the penalty provided for the commission of 3
the offence. 4
(7) Double jeopardy 5
A person cannot be convicted of both an offence against this 6
section and an offence against section 91K in respect of conduct 7
occurring on the same occasion. 8
91M Installing device to facilitate observation or filming 9
(1) Offence 10
A person who, with the intention of enabling that person or any 11
other person to commit an offence against section 91J, 91K or 12
91L, installs any device, or constructs or adapts the fabric of any 13
building, for the purpose of facilitating the observation or filming 14
of another person, is guilty of an offence. 15
Maximum penalty: 100 penalty units or imprisonment for 16
2 years, or both. 17
(2) An offence against this section is a summary offence. 18
(3) Alternative verdict 19
If on the trial of a person charged with an offence against section 20
91J, 91K or 91L the trier of fact is not satisfied that the offence is 21
proven but is satisfied that the person has committed an offence 22
against this section, the trier of fact may acquit the person of the 23
offence charged and find the person guilty of an offence against 24
this section. The person is liable to punishment accordingly. 25
[32] Section 431A Life sentences 26
Insert ", for an offence under section 66A (2)" after "61JA" in section 27
431A (2). 28
Page 15
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 1 Amendment of Crimes Act 1900
[33] Schedule 11 Savings and transitional provisions 1
Insert at the end of the Schedule (with appropriate Part and clause numbers): 2
Part Crimes Amendment (Sexual Offences) Act 3
2008 4
Application of amendments 5
An amendment made to this Act by the Crimes Amendment 6
(Sexual Offences) Act 2008 applies in respect of an offence 7
committed, or alleged to have been committed, on or after the 8
commencement of the amendment. 9
Page 16
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of other Acts and instrument Schedule 2
Schedule 2 Amendment of other Acts and 1
instrument 2
(Section 4) 3
2.1 Child Protection (Offenders Registration) Act 2000 No 42 4
[1] Section 3 Definitions 5
Omit paragraph (f) of the definition of Class 2 offence in section 3 (1). 6
Insert instead: 7
(f) an offence under section 91J, 91K or 91L of the Crimes Act 8
1900 where the person who was being observed or filmed 9
as referred to in those sections was then a child, or 10
[2] Section 3A Registrable persons 11
Insert "or section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900" after 12
"Summary Offences Act 1988" in section 3A (2) (c) (iii). 13
2.2 Children (Criminal Proceedings) Act 1987 No 55 14
Section 33C Application of Crimes (Sentencing Procedure) Act 1999 to 15
children 16
Insert at the end of the section: 17
Note. Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 18
1999 (which provides for standard non-parole periods) does not apply in 19
respect of offences committed by children. 20
2.3 Commission for Children and Young People Act 1998 No 146 21
Section 33 Definitions 22
Omit paragraph (a3) of the definition of reportable conduct in section 33 (1). 23
Insert instead: 24
(a3) an offence under section 91J, 91K, 91L or 91M of the 25
Crimes Act 1900 committed against, with or in the 26
presence of a child, or 27
(a4) an offence that was reportable conduct at the time that it 28
was committed, or 29
Page 17
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 2 Amendment of other Acts and instrument
2.4 Crimes (Sentencing Procedure) Act 1999 No 92 1
[1] Section 21A Aggravating, mitigating and other factors in sentencing 2
Insert after section 21A (5): 3
(5A) Special rules for child sexual offences 4
In determining the appropriate sentence for a child sexual 5
offence, the good character or lack of previous convictions of an 6
offender is not to be taken into account as a mitigating factor if 7
the court is satisfied that the factor concerned was of assistance 8
to the offender in the commission of the offence. 9
(5B) Subsection (5A) has effect despite any Act or rule of law to the 10
contrary. 11
[2] Section 21A (6) 12
Insert in alphabetical order in the subsection: 13
child sexual offence means: 14
(a) an offence against section 61I, 61J, 61JA, 61K, 61M, 61N, 15
61O or 66F of the Crimes Act 1900 where the person 16
against whom the offence was committed was then under 17
the age of 16 years, or 18
(b) an offence against section 66A, 66B, 66C, 66D, 66EA, 19
66EB, 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900, 20
or 21
(c) an offence against section 80D or 80E of the Crimes Act 22
1900 where the person against whom the offence was 23
committed was then under the age of 16 years, or 24
(d) an offence against section 91J, 91K or 91L of the Crimes 25
Act 1900 where the person who was being observed or 26
filmed as referred to in those sections was then under the 27
age of 16 years, or 28
(e) an offence of attempting, or of conspiracy or incitement, to 29
commit an offence referred to in any of the above 30
paragraphs. 31
[3] Section 24A 32
Insert after section 24: 33
24A Mandatory requirements for supervision of sex offenders to be 34
disregarded in sentencing 35
(1) In sentencing an offender, the court must not take into account, 36
as a mitigating factor in sentencing, the fact that the offender: 37
Page 18
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of other Acts and instrument Schedule 2
(a) has or may become a registrable person under the Child 1
Protection (Offenders Registration) Act 2000 as a 2
consequence of the offence, or 3
(b) has or may become the subject of an order under the Child 4
Protection (Offenders Prohibition Orders) Act 2004 or the 5
Crimes (Serious Sex Offenders) Act 2006. 6
(2) This section has effect despite any Act or rule of law to the 7
contrary. 8
[4] Section 54D Exclusions from Division 9
Insert after section 54D (2): 10
(3) This Division does not apply to the sentencing of an offender in 11
respect of an offence if the offender was under the age of 18 years 12
at the time the offence was committed. 13
[5] Part 4, Division 1A, Table 14
Omit "66A" from item 10. Insert instead "66A (1) or (2)". 15
[6] Schedule 1 Existing life sentences 16
Omit "or 61JA" from the definition of existing life sentence in clause 1. 17
Insert instead ", 61JA or 66A (2)". 18
[7] Schedule 2 Savings, transitional and other provisions 19
Insert at the end of clause 1 (1): 20
Crimes Amendment (Sexual Offences) Act 2008 21
[8] Schedule 2, Part 19 22
Insert in appropriate order: 23
Part 19 Provisions consequent on enactment of 24
Crimes Amendment (Sexual Offences) Act 25
2008 26
59 Existing offences and proceedings 27
(1) An amendment made to Part 3 of this Act by the Crimes 28
Amendment (Sexual Offences) Act 2008 applies to the 29
determination of a sentence for an offence whenever committed, 30
unless: 31
(a) a court has convicted the person being sentenced of the 32
offence, or 33
Page 19
Crimes Amendment (Sexual Offences) Bill 2008
Schedule 2 Amendment of other Acts and instrument
(b) a court has accepted a plea of guilty and the plea has not 1
been withdrawn, 2
before the commencement of the amendment. 3
(2) In this clause: 4
convict includes make a finding of guilt. 5
60 Standard non-parole periods 6
(1) An amendment made to section 54D by the Crimes Amendment 7
(Sexual Offences) Act 2008 does not affect any sentence imposed 8
before the commencement of that amendment. 9
(2) The Table to Division 1A of Part 4, as in force immediately 10
before its amendment by the Crimes Amendment (Sexual 11
Offences) Act 2008, continues to apply in respect of an offence 12
against section 66A of the Crimes Act 1900 committed before the 13
commencement of the amendment. 14
2.5 Crimes (Serious Sex Offenders) Act 2006 No 7 15
[1] Section 5 Definitions of "serious sex offence" and "offence of a sexual 16
nature" 17
Insert "or 15A" after "Division 15" in section 5 (2) (c). 18
[2] Section 5 (2) (e) 19
Omit the paragraph. Insert instead: 20
(e) an offence under section 91J, 91K, 91L or 91M of the 21
Crimes Act 1900 in relation to the observing or filming of 22
a child, 23
2.6 Criminal Assets Recovery Act 1990 No 23 24
[1] Section 6 Meaning of "serious crime related activity" 25
Insert "or 15A" after "Division 15" in section 6 (2) (g). 26
[2] Section 6 (2) (g) 27
Omit "or 91H (3)". 28
2.7 Criminal Procedure Act 1986 No 209 29
[1] Schedule 1 Indictable offences triable summarily 30
Insert "or (2A), 66EB" after "61O (2)" in clause 2 of Table 1. 31
Page 20
Crimes Amendment (Sexual Offences) Bill 2008
Amendment of other Acts and instrument Schedule 2
[2] Schedule 1, Table 1 1
Insert "91J (3), 91K (3), 91L (3)," after "91H," in clause 2. 2
[3] Schedule 1, Table 2 3
Omit ", 61O (1) or (1A) or 66EB" from clause 1. 4
Insert instead "or 61O (1) or (1A)". 5
[4] Schedule 2 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Crimes Amendment (Sexual Offences) Act 2008 8
2.8 Firearms Regulation 2006 9
[1] Clause 5 Offences that disqualify applicants 10
Insert "or 15A" after "Division 15" in clause 5 (d) (iii). 11
[2] Clause 44 Offences that prevent persons from being involved in firearms 12
dealing business 13
Insert "or 15A" after "Division 15" in clause 44 (d) (iii). 14
2.9 Pre-Trial Diversion of Offenders Act 1985 No 153 15
Section 3 Definitions 16
Insert "66EA," after "66D," in the definition of child sexual assault offence 17
in section 3 (1). 18
2.10 Summary Offences Act 1988 No 25 19
Part 3B Filming for indecent purposes 20
Omit the Part. 21
Page 21
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