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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Sexual
Procurement or Grooming of Children)
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Consequential amendments to Criminal Procedure Act
1986 No 209 2
5 Consequential amendment to Child Protection (Offenders
Registration) Act 2000 No 42 2
6 Repeal of Act 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Consequential amendments to Criminal Procedure Act
1986 No 209 6
Schedule 3 Consequential amendment to Child Protection (Offenders
Registration) Act 2000 No 42 7
b2007-078-33.d09
New South Wales
Crimes Amendment (Sexual
Procurement or Grooming of Children)
Bill 2007
No , 2007
A Bill for
An Act to amend the Crimes Act 1900 with respect to the sexual procurement or
grooming of children, and to make consequential amendments to other Acts.
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
Clause 1 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Sexual Procurement or Grooming 3
of Children) Act 2007. 4
2 Commencement 5
This Act commences on a day to be appointed by proclamation. 6
3 Amendment of Crimes Act 1900 No 40 7
The Crimes Act 1900 is amended as set out in Schedule 1. 8
4 Consequential amendments to Criminal Procedure Act 1986 No 209 9
The Criminal Procedure Act 1986 is amended as set out in Schedule 2. 10
5 Consequential amendment to Child Protection (Offenders Registration) 11
Act 2000 No 42 12
The Child Protection (Offenders Registration) Act 2000 is amended as 13
set out in Schedule 3. 14
6 Repeal of Act 15
(1) This Act is repealed on the day following the day on which this Act 16
commences. 17
(2) The repeal of this Act does not, because of the operation of section 30 18
of the Interpretation Act 1987, affect any amendment made by this Act. 19
Page 2
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
2007
Amendment of Crimes Act 1900 No 40 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 No 40 1
(Section 3) 2
[1] Section 66EB 3
Insert after section 66EA: 4
66EB Procuring or grooming child under 16 for unlawful sexual activity 5
(1) Definitions 6
In this section: 7
adult person means a person who is of or over the age of 8
18 years. 9
child means a person who is under the age of 16 years. 10
conduct includes: 11
(a) communicating in person or by telephone, the internet or 12
other means, or 13
(b) providing any computer image, video or publication. 14
unlawful sexual activity means an act that constitutes an offence 15
under this Division or Division 10A or 15 (or, in the case of an 16
act occurring outside this State, that would constitute such an 17
offence if it occurred in this State). 18
(2) Procuring children 19
An adult person who intentionally procures a child for unlawful 20
sexual activity with that or any other person is guilty of an 21
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
(3) Grooming children 27
An adult person: 28
(a) who engages in any conduct that exposes a child to 29
indecent material or provides a child with an intoxicating 30
substance, and 31
(b) who does so with the intention of making it easier to 32
procure the child for unlawful sexual activity with that or 33
any other person, 34
is guilty of an offence. 35
Page 3
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
2007
Schedule 1 Amendment of Crimes Act 1900 No 40
Maximum penalty: 1
(a) in the case of a child who is under the age of 14 years-- 2
imprisonment for 12 years, or 3
(b) in any other case--imprisonment for 10 years. 4
(4) Unlawful sexual activity need not be particularised 5
In any proceedings for an offence against this section, it is 6
necessary to prove that the child was or was to be procured for 7
unlawful sexual activity, but it is not necessary to specify or to 8
prove any particular unlawful sexual activity. 9
(5) Fictitious children 10
A reference in this section to a child includes a reference to a 11
person who pretends to be a child if the accused believed that the 12
person was a child. In that case, a reference in this section: 13
(a) to unlawful sexual activity includes a reference to anything 14
that would be unlawful sexual activity if the person were a 15
child, and 16
(b) to the age of the child is a reference to the age that the 17
accused believed the person to be. 18
(6) Charge for aggravated offence 19
The higher maximum penalty under subsection (2) or (3) in the 20
case of a child under the age of 14 years does not apply unless the 21
age of the child is set out in the charge for the offence. 22
(7) Defence 23
It is a defence in proceedings for an offence against this section 24
if the accused reasonably believed that the other person was not 25
a child. 26
(8) Alternative verdict 27
If on the trial of a person charged with an offence against 28
subsection (2) the jury is not satisfied that the offence is proven 29
but is satisfied that the person has committed an offence against 30
subsection (3), the jury may acquit the person of the offence 31
charged and find the person guilty of an offence against 32
subsection (3). The person is liable to punishment accordingly. 33
[2] Section 77 Consent no defence in certain cases 34
Insert ", 66EB" after "66EA". 35
Page 4
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
2007
Amendment of Crimes Act 1900 No 40 Schedule 1
[3] Section 562A Definition of "personal violence offence" 1
Insert ", 66EB" after "66EA". 2
Page 5
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
2007
Schedule 2 Consequential amendments to Criminal Procedure Act 1986 No 209
Schedule 2 Consequential amendments to Criminal 1
Procedure Act 1986 No 209 2
(Section 4) 3
[1] Section 3 (1) Definition of "prescribed sexual offence" 4
Insert ", 66EB" after "66EA". 5
[2] Schedule 1 Indictable offences triable summarily 6
Omit "or 61O (1) or (1A)" from clause 1 of Table 2. 7
Insert instead ", 61O (1) or (1A) or 66EB". 8
Page 6
Crimes Amendment (Sexual Procurement or Grooming of Children) Bill
2007
Consequential amendment to Child Protection (Offenders Registration) Act Schedule 3
2000 No 42
Schedule 3 Consequential amendment to Child 1
Protection (Offenders Registration) Act 2
2000 No 42 3
(Section 5) 4
Section 3 (1) Definition of "Class 2 offence" 5
Insert after paragraph (a): 6
(a1) an offence under section 66EB of the Crimes Act 1900, or 7
Page 7
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