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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Sexual Servitude)
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of Child Protection (Offenders Registration)
Act 2000 No 42 2
5 Amendment of Child Protection (Prohibited Employment)
Act 1998 No 147 2
Schedules
1 Amendment of Crimes Act 1900 3
2 Amendment of Child Protection (Offenders Registration)
Act 2000 6
3 Amendment of Child Protection (Prohibited Employment)
Act 1998 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Crimes Amendment (Sexual Servitude)
Bill 2001
Act No , 2001
An Act to amend the Crimes Act 1900 to create offences relating to sexual
servitude, and to amend the Child Protection (Offenders Registration) Act 2000 and
the Child Protection (Prohibited Employment) Act 1998 to extend those Acts to any
such sexual servitude offence committed against a child.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Sexual Servitude) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Sexual Servitude) Act 2001.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Child Protection (Offenders Registration) Act 2000
No 42
The Child Protection (Offenders Registration) Act 2000 is amended as
set out in Schedule 2.
5 Amendment of Child Protection (Prohibited Employment) Act 1998
No 147
The Child Protection (Prohibited Employment) Act 1998 is amended
as set out in Schedule 3.
Page 2
Crimes Amendment (Sexual Servitude) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
Part 3, Division 10A
Insert after section 80A:
Division 10A Sexual servitude
80B Meaning of "sexual servitude"
(1) For the purposes of this Division, sexual servitude is the
condition of a person who provides sexual services and who,
because of the use of force or threats:
(a) is not free to cease providing sexual services, or
(b) is not free to leave the place or area where the person
provides sexual services.
(2) In this section:
sexual service means the commercial use or display of the
body of the person providing the service for the sexual arousal
or sexual gratification of others.
threat means:
(a) a threat of force, or
(b) a threat to cause a person's deportation, or
(c) a threat of any other detrimental action unless there are
reasonable grounds for the threat of that action in
connection with the provision of sexual services by a
person.
80C Meaning of "circumstances of aggravation"
In this Division, circumstances of aggravation means
circumstances involving either or both of the following:
(a) the alleged victim is under the age of 18 years,
(b) the alleged victim has a serious intellectual disability.
Page 3
Crimes Amendment (Sexual Servitude) Bill 2001
Schedule 1 Amendment of Crimes Act 1900
80D Causing sexual servitude
(1) A person:
(a) who causes another person to enter into or remain in
sexual servitude, and
(b) who intends to cause, or is reckless as to causing, that
sexual servitude,
is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2) A person is guilty of an offence against this subsection if the
person commits an offence under subsection (1) in
circumstances of aggravation.
Maximum penalty: Imprisonment for 19 years.
80E Conduct of business involving sexual servitude
(1) A person:
(a) who conducts any business that involves the sexual
servitude of other persons, and
(b) who knows about, or is reckless as to, that sexual
servitude,
is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits an offence against this subsection if the
person commits an offence under subsection (1) in
circumstances of aggravation.
Maximum penalty: Imprisonment for 19 years.
(3) For the purposes of this section, conducting a business
includes:
(a) taking any part in the management of the business, or
(b) exercising control or direction over the business, or
(c) providing finance for the business.
Page 4
Crimes Amendment (Sexual Servitude) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
80F Alternative verdicts
If on the trial of a person for an offence under section 80D (2)
or 80E (2) the jury is not satisfied that the accused is guilty of
the offence charged but is satisfied on the evidence that the
accused is guilty of an offence under section 80D (1) or
80E (1), respectively, it may find the accused not guilty of the
offence charged but guilty of the latter offence, and the accused
is liable to punishment accordingly.
Page 5
Crimes Amendment (Sexual Servitude) Bill 2001
Schedule 2 Amendment of Child Protection (Offenders Registration) Act 2000
Schedule 2 Amendment of Child Protection (Offenders
Registration) Act 2000
(Section 4)
Section 3 Definitions
Insert after paragraph (b) of the definition of Class 2 offence in section
3 (1):
(b1) an offence under section 80D or 80E of the Crimes
Act 1900, where the person against whom the offence is
committed is a child, or
Page 6
Crimes Amendment (Sexual Servitude) Bill 2001
Amendment of Child Protection (Prohibited Employment) Act 1998 Schedule 3
Schedule 3 Amendment of Child Protection (Prohibited
Employment) Act 1998
(Section 5)
Section 5 Prohibited persons
Insert after paragraph (b) of the definition of serious sex offence in
section 5 (3):
(b1) an offence under section 80D or 80E of the Crimes
Act 1900, where the person against whom the offence is
committed is a child, or
Page 7
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