Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SEXUAL OFFENCES
(PROTECTION OF
CHILDREN) AMENDMENT
BILL 2002
Queensland
SEXUAL OFFENCES (PROTECTION OF
CHILDREN) AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CORRECTIVE SERVICES ACT 2000
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
132A Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 142 (Conditions for release to work orders) . . . . . . . . . . . 5
6 Amendment of s 143 (Conditions for home detention orders) . . . . . . . . . . . 5
7 Amendment of s 144 (Conditions for parole orders) . . . . . . . . . . . . . . . . . . 6
8 Insertion of new ss 144A and 144B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
144A Commissioner to be advised about release of prescribed prisoner . . 7
144B Officer in charge to advise if prescribed prisoner fails to report . . . . 7
9 Replacement of ch 7, pt 1 hdg (Continuation of Regional Boards) . . . . . . . 8
10 Renumbering of ch 7, pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 256 (Conditions of continuing appointments) . . . . . . . . . . 8
12 Insertion of new ch 7, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--TRANSITIONAL PROVISION FOR SEXUAL OFFENCES
(PROTECTION OF CHILDREN) AMENDMENT ACT 2002
274A Post-prison community based release orders. . . . . . . . . . . . . . . . . . . 9
13 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF CRIMINAL CODE
14 Code amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 210 (Indecent treatment of children under 16) . . . . . . . . . 10
2
Sexual Offences (Protection of Children) Amendment
Bill 2002
16 Amendment of s 218 (Procuring sexual acts by coercion etc.) . . . . . . . . . . . 10
17 Insertion of new s 218A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
218A Using internet etc. to procure children under 16 . . . . . . . . . . . . . . . . 10
18 Replacement of s 229B (Maintaining a sexual relationship with a child). . . 12
229B Maintaining a sexual relationship with a child . . . . . . . . . . . . . . . . . 12
19 Insertion of new ch 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 76--TRANSITIONAL PROVISION FOR SEXUAL
OFFENCES (PROTECTION OF CHILDREN) AMENDMENT ACT
2002
713 Transitional provision for Sexual Offences (Protection of Children)
Amendment Act 2002--unlawful sexual relationship . . . . . . . . . . . . 14
PART 4--AMENDMENT OF THE CRIMINAL LAW
AMENDMENT ACT 1945
20 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Amendment of s 19 (Sexual offender to report name and address) . . . . . . . 14
22 Renumbering of s 19A (Application for revocation of order). . . . . . . . . . . . 15
23 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19A Requirements under reporting order . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 20 (Disclosure of offences of sexual nature and
other relevant information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Insertion of new pt 5, div 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Sexual Offences (Protection of Children) Amendment Act
2002
24 Definitions for pt 5, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Transitional provision for order under section 19 . . . . . . . . . . . . . . . 17
PART 5--AMENDMENT OF PENALTIES AND SENTENCES ACT
1992
27 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Insertion of new s 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
211 Transitional provision for the Sexual Offences (Protection of Children)
Amendment Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2002
A BILL
FOR
An Act to amend the criminal law, and for other purposes
s1 4 s4
Sexual Offences (Protection of Children) Amendment
Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Sexual Offences (Protection of Children) 4
Amendment Bill 2002. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CORRECTIVE SERVICES 8
ACT 2000 9
3 Act amended in pt 2
Clause 10
This part amends the Corrective Services Act 2000. 11
4 Insertion of new s 132A
Clause 12
Chapter 5, part 1, before section 133-- 13
insert-- 14
`132A Definitions for pt 1 15
`In this part-- 16
"prescribed prisoner" means a prisoner who is serving a sentence for an 17
offence of a sexual nature in relation to a child under the age of 18
16 years. 19
"reporting period", for a prescribed prisoner, means a period not 20
extending past the end of the prisoner's period of imprisonment.'. 21
s5 5 s6
Sexual Offences (Protection of Children) Amendment
Bill 2002
5 Amendment of s 142 (Conditions for release to work orders)
Clause 1
(1) Section 142(1), after `include'-- 2
insert-- 3
`any of the following conditions'. 4
(2) Section 142(1)(a)(iii), `or'-- 5
omit. 6
(3) Section 142(2)-- 7
renumber as section 142(5). 8
(4) Section 142-- 9
insert-- 10
`(2) Without limiting subsection (1), a release to work order for a 11
prescribed prisoner, must include a condition requiring the prisoner to 12
report the prisoner's name, address and employment details-- 13
(a) within 48 hours of the prisoner's release, to the officer in charge 14
of a police station decided by the corrective services officer 15
supervising the prisoner; and 16
(b) at a frequency and for a reporting period, decided by the 17
corrections board, to the officer in charge of a police station 18
decided by the corrective services officer supervising the 19
prisoner. 20
`(3) For subsection (2), the prescribed prisoner must report to the officer 21
in charge-- 22
(a) personally; or 23
(b) with the consent of the officer in charge given before the report is 24
required to be made--by telephone or in another way. 25
`(4) For subsection (3)(b), the officer in charge may consent to the 26
prescribed prisoner reporting other than personally only if the prisoner is ill 27
or has another good reason for not reporting personally.'. 28
6 Amendment of s 143 (Conditions for home detention orders)
Clause 29
(1) Section 143(1), after `include'-- 30
insert-- 31
s7 6 s7
Sexual Offences (Protection of Children) Amendment
Bill 2002
`any of the following conditions'. 1
(2) Section 143(1)(a)(ii), `and'-- 2
omit. 3
(3) Section 143(3)-- 4
renumber as section 143(6). 5
(4) Section 143-- 6
insert-- 7
`(3) Without limiting subsection (1), a home detention order for a 8
prescribed prisoner must include a condition requiring the prisoner to 9
report the prisoner's name, address and employment details-- 10
(a) within 48 hours of the prisoner's release, to the officer in charge 11
of a police station decided by the corrective services officer 12
supervising the prisoner; and 13
(b) at a frequency and for a reporting period, decided by the 14
corrections board, to the officer in charge of a police station 15
decided by the corrective services officer supervising the 16
prisoner. 17
`(4) For subsection (3), the prescribed prisoner must report to the officer 18
in charge-- 19
(a) personally; or 20
(b) with the consent of the officer in charge given before the report is 21
required to be made--by telephone or in another way. 22
`(5) For subsection (4)(b), the officer in charge may consent to the 23
prescribed prisoner reporting other than personally only if the prisoner is ill 24
or has another good reason for not reporting personally.'. 25
7 Amendment of s 144 (Conditions for parole orders)
Clause 26
(1) Section 144(2) to (4)-- 27
renumber as section 144(5) to (7). 28
(2) Section 144-- 29
insert-- 30
s8 7 s8
Sexual Offences (Protection of Children) Amendment
Bill 2002
`(2) Without limiting subsection (1), a parole order for a prescribed 1
prisoner must include a condition requiring the prisoner to report the 2
prisoner's name, address and employment details-- 3
(a) within 48 hours of the prisoner's release, to the officer in charge 4
of a police station decided by the corrective services officer; and 5
(b) at a frequency and for a reporting period, decided by the 6
corrections board, to the officer in charge of a police station 7
decided by the corrective services officer. 8
`(3) For subsection (2), the prescribed prisoner must report to the officer 9
in charge-- 10
(a) personally; or 11
(b) with the consent of the officer in charge given before the report is 12
required to be made--by telephone or in another way. 13
`(4) For subsection (3)(b), the officer in charge may consent to the 14
prescribed prisoner reporting other than personally only if the prisoner is ill 15
or has another good reason for not reporting personally.'. 16
8 Insertion of new ss 144A and 144B
Clause 17
After section 144-- 18
insert-- 19
`144A Commissioner to be advised about release of prescribed 20
prisoner 21
`A corrections board must, as soon as practicable after a prescribed 22
prisoner is released under a post-prison community based release order 23
made after the commencement of this section, give the commissioner-- 24
(a) a copy of the order for the prisoner; and 25
(b) information about the prisoner's name and address. 26
`144B Officer in charge to advise if prescribed prisoner fails to report 27
`(1) This section applies if, without reasonable excuse, a prescribed 28
prisoner released under a post-prison community based release order made 29
after the commencement of section 144A fails to report to the officer in 30
charge of a police station as required by the prisoner's order. 31
s9 8 s 12
Sexual Offences (Protection of Children) Amendment
Bill 2002
`(2) The officer in charge of the police station must, as soon as 1
practicable after the officer becomes aware of the failure to report, advise 2
the corrective services officer supervising the prisoner of the failure.'. 3
9 Replacement of ch 7, pt 1 hdg (Continuation of Regional Boards)
Clause 4
Chapter 7, part 1, heading-- 5
omit, insert-- 6
`PART 1--TRANSITIONAL PROVISIONS FOR ACT 7
NO. 63 OF 2000 8
`Division 1--Continuation of Regional Boards'. 9
10 Renumbering of ch 7, pts 2 and 3
Clause 10
Chapter 7, parts 2 and 3-- 11
renumber as Chapter 7, part 1, divisions 2 and 3. 12
11 Amendment of s 256 (Conditions of continuing appointments)
Clause 13
Section 256, `part'-- 14
omit, insert-- 15
`division'. 16
12 Insertion of new ch 7, pt 2
Clause 17
Chapter 7-- 18
insert-- 19
s 13 9 s 14
Sexual Offences (Protection of Children) Amendment
Bill 2002
`PART 2--TRANSITIONAL PROVISION FOR SEXUAL 1
OFFENCES (PROTECTION OF CHILDREN) 2
AMENDMENT ACT 2002 3
`274A Post-prison community based release orders 4
`(1) A condition that must be included in a relevant release order for a 5
prescribed prisoner under section 142(2), 143(3) and 144(2) must be 6
included for each order made after the commencement of this section. 7
`(2) Subsection (1) applies for a relevant release order regardless of 8
when the application for the order was made and despite any expectation a 9
prisoner may have not to be subject to the condition. 10
`(3) In this section-- 11
"relevant release order" means a release to work order, a home detention 12
order or a parole order.'. 13
13 Amendment of sch 3 (Dictionary)
Clause 14
Schedule 3-- 15
insert-- 16
` "prescribed prisoner" for chapter 5, part 1,1 see section 132A. 17
"reporting period" for chapter 5, part 1, see section 132A.'.
2
18
PART 3--AMENDMENT OF CRIMINAL CODE 19
14 Code amended in pt 3
Clause 20
This part amends the Criminal Code. 21
1 Chapter 5 (Post-prison community based release), part 1 (Orders)
2 Chapter 5 (Post-prison community based release), part 1 (Orders)
s 15 10 s 17
Sexual Offences (Protection of Children) Amendment
Bill 2002
15 Amendment of s 210 (Indecent treatment of children under 16)
Clause 1
(1) Section 210(2), `10'-- 2
omit, insert-- 3
`14'. 4
(2) Section 210(3) and (4), `14'-- 5
omit, insert-- 6
`20'. 7
16 Amendment of s 218 (Procuring sexual acts by coercion etc.)
Clause 8
Section 218(3)-- 9
omit, insert-- 10
`(3) Subsection (2) is not limited to sexual intercourse or acts involving 11
physical contact.'. 12
17 Insertion of new s 218A
Clause 13
After section 218-- 14
insert-- 15
`218A Using internet etc. to procure children under 16 16
`(1) Any adult who uses electronic communication with intent to-- 17
(a) procure a person under the age of 16 years, or a person the adult 18
believes is under the age of 16 years, to engage in a sexual act, 19
either in Queensland or elsewhere; or 20
(b) expose, without legitimate reason, a person under the age of 21
16 years, or a person the adult believes is under the age of 22
16 years, to any indecent matter, either in Queensland or 23
elsewhere; 24
commits a crime. 25
Maximum penalty--5 years imprisonment. 26
`(2) The adult is liable to 10 years imprisonment if the person is-- 27
(a) a person under 12 years; or 28
s 17 11 s 17
Sexual Offences (Protection of Children) Amendment
Bill 2002
(b) a person the adult believes is under 12 years. 1
`(3) For subsection (1)(a), a person engages in a sexual act if the 2
person-- 3
(a) allows a sexual act to be done to the person's body; or 4
(b) does a sexual act to the person's own body or the body of another 5
person; or 6
(c) otherwise engages in an act of an indecent nature. 7
`(4) Subsection (3) is not limited to sexual intercourse or acts involving 8
physical contact. 9
`(5) For subsection (1)(a), it is not necessary to prove that the adult 10
intended to procure the person to engage in any particular sexual act. 11
`(6) Also, for subsection (1)(a), it does not matter that, by reason of 12
circumstances not known to the adult, it is impossible in fact for the person 13
to engage in the sexual act. 14
`(7) For subsection (1), it does not matter that the person is a fictitious 15
person represented to the adult as a real person. 16
`(8) Evidence that the person was represented to the adult as being under 17
the age of 16 years, or 12 years, as the case may be, is, in the absence of 18
evidence to the contrary, proof that the adult believed the person was under 19
that age. 20
`(9) It is a defence to a charge under this section to prove the adult 21
believed on reasonable grounds that the person was at least 16 years, or 22
12 years, as the case may be. 23
`(10) In this section-- 24
"electronic communication" means email, Internet chat rooms, SMS 25
messages, real time audio/video or other similar communication. 26
"indecent matter" means indecent film, videotape, audiotape, picture, 27
photograph or printed or written matter. 28
"procure" means knowingly entice or recruit for the purposes of sexual 29
exploitation.'. 30
s 18 12 s 18
Sexual Offences (Protection of Children) Amendment
Bill 2002
18 Replacement of s 229B (Maintaining a sexual relationship with a
Clause 1
child) 2
Section 229B-- 3
omit, insert-- 4
`229B Maintaining a sexual relationship with a child 5
`(1) Any adult who maintains an unlawful sexual relationship with a 6
child under the prescribed age commits a crime. 7
Maximum penalty--life imprisonment. 8
`(2) An unlawful sexual relationship is a relationship that involves more 9
than 1 unlawful sexual act over any period. 10
`(3) For an adult to be convicted of the offence of maintaining an 11
unlawful sexual relationship with a child, all the members of the jury must 12
be satisfied beyond reasonable doubt that the evidence establishes that an 13
unlawful sexual relationship with the child involving unlawful sexual acts 14
existed. 15
`(4) However, in relation to the unlawful sexual acts involved in an 16
unlawful sexual relationship-- 17
(a) the prosecution is not required to allege the particulars of any 18
unlawful sexual act that would be necessary if the act were 19
charged as a separate offence; and 20
(b) the jury is not required to be satisfied of the particulars of any 21
unlawful sexual act that it would have to be satisfied of if the act 22
were charged as a separate offence; and 23
(c) all the members of the jury are not required to be satisfied about 24
the same unlawful sexual acts. 25
`(5) If the child was at least 12 years when the crime was alleged to have 26
been committed, it is a defence to prove the adult believed on reasonable 27
grounds the child was at least the prescribed age. 28
`(6) An adult can not be prosecuted for the crime without a Crown Law 29
Officer's consent. 30
`(7) An adult may be charged in 1 indictment with-- 31
(a) the offence of maintaining an unlawful sexual relationship with a 32
child (the "maintaining offence"); and 33
s 19 13 s 19
Sexual Offences (Protection of Children) Amendment
Bill 2002
(b) 1 or more other offences of a sexual nature alleged to have been 1
committed by the adult in relation to the child in the course of the 2
alleged unlawful sexual relationship (the "other offence or 3
offences"). 4
`(8) The adult charged in 1 indictment as mentioned in subsection (7) 5
may be convicted of and punished for any or all of the offences charged. 6
`(9) However, if the adult is-- 7
(a) charged in 1 indictment as mentioned in subsection (7); and 8
(b) sentenced to imprisonment for the maintaining offence and for 9
the other offence or offences; 10
the court imposing imprisonment may not order that the sentence for the 11
maintaining offence be served cumulatively with the sentence or sentences 12
for the other offence or offences.3 13
`(10) In this section-- 14
"offence of a sexual nature" means an offence defined in section 208, 15
209, 210 (other than section 210(1)(e) or (f)), 215, 222, 349, 350 or 16
352.4 17
"prescribed age", for a child, means-- 18
(a) if the unlawful sexual relationship involves an act that 19
constitutes, or would constitute (if it were sufficiently 20
particularised), an offence defined in section 208 or 21
209--18 years; or 22
(b) in any other case--16 years. 23
"unlawful sexual act" means an act that constitutes, or would constitute 24
(if it were sufficiently particularised), an offence of a sexual nature.'. 25
19 Insertion of new ch 76
Clause 26
After chapter 75-- 27
3 See the Penalties and Sentences Act 1992, section 155 (Imprisonment to be served
concurrently unless otherwise ordered).
4 Section 208 (Unlawful sodomy), 209 (Attempted sodomy), 210 (Indecent treatment
of children under 16), 215 (Carnal knowledge with or of children under 16),
222 (Incest), 349 (Rape), 350 (Attempt to commit rape) or 352 (Sexual assaults)
s 20 14 s 21
Sexual Offences (Protection of Children) Amendment
Bill 2002
insert-- 1
`CHAPTER 76--TRANSITIONAL PROVISION FOR 2
SEXUAL OFFENCES (PROTECTION OF 3
CHILDREN) AMENDMENT ACT 2002 4
`713 Transitional provision for Sexual Offences (Protection of 5
Children) Amendment Act 2002--unlawful sexual relationship 6
`On a charge of an offence as defined in section 229B, evidence of an 7
unlawful sexual act or acts done before the commencement of this section 8
may be admitted for the purpose of deciding whether unlawful sexual acts 9
done after the commencement of this section establish the existence of an 10
unlawful sexual relationship.'. 11
PART 4--AMENDMENT OF THE CRIMINAL LAW 12
AMENDMENT ACT 1945 13
20 Act amended in pt 4
Clause 14
This part amends the Criminal Law Amendment Act 1945. 15
21 Amendment of s 19 (Sexual offender to report name and address)
Clause 16
(1) Section 19(1) from `may order'-- 17
omit, insert-- 18
`may make a reporting order against the offender.'. 19
(2) Section 19(2), `substantial'-- 20
omit. 21
(3) Section 19(6) and (7)-- 22
omit. 23
(4) Section 19(8), after `subsection (1)'-- 24
insert-- 25
s 22 15 s 23
Sexual Offences (Protection of Children) Amendment
Bill 2002
`without reasonable excuse'. 1
(5) Section 19(8) and (9)-- 2
renumber as subsection (6) and (7). 3
22 Renumbering of s 19A (Application for revocation of order)
Clause 4
Section 19A-- 5
renumber as section 19B. 6
23 Insertion of new s 19A
Clause 7
After section 19-- 8
insert-- 9
`19A Requirements under reporting order 10
`(1) A reporting order may impose requirements under subsection (2) or 11
(5) or both subsections. 12
`(2) A reporting order may require the offender-- 13
(a) to report the offender's current name and address to the officer in 14
charge of police at a stated place within 48 hours after being 15
released from custody; and 16
(b) afterwards, for the stated period, to report any change of name or 17
address, within 48 hours of the change taking place, to the officer 18
in charge of police at that place or at another place approved by 19
the commissioner. 20
`(3) For subsection (2)(a), the offender must report to the report officer 21
personally. 22
`(4) For subsection (2)(b), the offender must report to the report 23
officer-- 24
(a) personally; or 25
(b) by letter signed by the offender and sent by registered post 26
addressed to the report officer. 27
`(5) A reporting order may require the offender-- 28
(a) to report to the officer in charge of police at a stated place within 29
48 hours after being released from custody; and 30
s 24 16 s 26
Sexual Offences (Protection of Children) Amendment
Bill 2002
(b) afterwards, at the stated frequency for the stated period, to report 1
to the officer in charge of police at that place or at another place 2
approved in writing by the commissioner. 3
`(6) For subsection (5), the offender must report to the report officer-- 4
(a) personally; or 5
(b) with the consent of the report officer given before the report is 6
required to be made--by telephone or in another way. 7
`(7) For subsection (6)(b), the report officer may consent to the offender 8
reporting other than personally only if the offender is ill or has another 9
good reason for not reporting personally. 10
`(8) In this section-- 11
"commissioner" means the commissioner of the police service. 12
"report officer" means the police officer to whom an offender must report 13
under the requirements of a reporting order. 14
"stated" means stated in the reporting order.'. 15
24 Amendment of s 20 (Disclosure of offences of sexual nature and
Clause 16
other relevant information) 17
Section 20(6), after `subsection (4)'-- 18
insert-- 19
`without reasonable excuse'. 20
25 Insertion of new pt 5, div 1 heading
Clause 21
Before section 23-- 22
insert-- 23
`Division 1--Criminal Law Amendment Act 1999'. 24
26 Insertion of new pt 5, div 2
Clause 25
Part 5-- 26
insert-- 27
s 27 17 s 28
Sexual Offences (Protection of Children) Amendment
Bill 2002
`Division 2--Sexual Offences (Protection of Children) Amendment Act 1
2002 2
`24 Definitions for pt 5, div 2 3
`In this part-- 4
"amending Act" means the Sexual Offences (Protection of Children) 5
Amendment Act 2002. 6
"commencement" means the commencement of section 21 of the 7
amending Act.5 8
`25 Transitional provision for order under section 19 9
`A reporting order may be made under section 19 as amended by the 10
amending Act whether the conviction for which the reporting order is made 11
happened before or after the commencement.'. 12
PART 5--AMENDMENT OF PENALTIES AND 13
SENTENCES ACT 1992 14
27 Act amended in pt 5
Clause 15
This part amends the Penalties and Sentences Act 1992. 16
28 Amendment of s 9 (Sentencing guidelines)
Clause 17
(1) Section 9(5) and (6)-- 18
renumber as subsections (7) and (8). 19
(2) Section 9-- 20
insert-- 21
5 Sexual Offences (Protection of Children) Amendment Act 2002, section 21
(Amendment of s 19 (Sexual offender to report name and address))
s 29 18 s 29
Sexual Offences (Protection of Children) Amendment
Bill 2002
`(5) Also, the principles mentioned in subsection (2)(a) do not apply to 1
the sentencing of an offender for any offence of a sexual nature committed 2
in relation to a child under 16 years. 3
`(6) In sentencing an offender to whom subsection (5) applies, the court 4
must have regard primarily to the following-- 5
(a) the effect of the offence on the child; 6
(b) the age of the child; 7
(c) the nature of the offence, including, for example, any physical 8
harm or the threat of physical harm to the child or another; 9
(d) the need to protect the child, or other children, from the risk of 10
the offender reoffending; 11
(e) the need to deter similar behaviour by other offenders to protect 12
children; 13
(f) the prospects of rehabilitation including the availability of any 14
medical or psychiatric treatment to cause the offender to behave 15
in a way acceptable to the community; 16
(g) the offender's antecedents, age and character; 17
(h) any remorse or lack of remorse of the offender; 18
(i) any medical, psychiatric, prison or other relevant report relating 19
to the offender; 20
(j) anything else about the safety of children under 16 the 21
sentencing court considers relevant.'. 22
29 Insertion of new s 211
Clause 23
Part 14-- 24
insert-- 25
`211 Transitional provision for the Sexual Offences (Protection of 26
Children) Amendment Act 2002 27
`Section 9 as amended by the Sexual Offences (Protection of Children) 28
Amendment Act 2002, section 28,6 applies to the sentencing of an offender 29
6 Sexual Offences (Protection of Children) Amendment Act 2002, section 28
(Amendment of s 9 (Sentencing guidelines))
s 29 19 s 29
Sexual Offences (Protection of Children) Amendment
Bill 2002
whether the offence or conviction happened before or after the 1
commencement of that section.'. 2
3
© State of Queensland 2002
AMENDMENTS TO BILL
1
Sexual Offences (Protection of Children) Amendment
Bill 2002
SEXUAL OFFENCES (PROTECTION OF
CHILDREN) AMENDMENT BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 4, line 7--
omit, insert--
`(1) Part 1A commences on assent.
`(2) The remaining provisions of this Act commence on a day to be fixed
by proclamation.'.
2 After clause 2--
At page 4, after line 7--
insert--
`PART 1A--AMENDMENT OF BAIL ACT 1980
`2A Act amended in pt 1A
`This part amends the Bail Act 1980.
`2B Insertion of new s 10B
`After section 10A--
insert--
`10B No costs order
`(1) A court may not make any order concerning costs in a bail
proceeding.
`(2) It does not matter whether the bail proceeding started, or the relevant
offence was committed, before or after the commencement of this section.
2
Sexual Offences (Protection of Children) Amendment
Bill 2002
`(3) In this section--
"bail proceeding" includes--
(a) an application under this Act; and
(b) an application to grant, enlarge, vary or revoke bail under another
Act; and
(c) an appeal to the Court of Appeal from an order made on an
application mentioned in paragraph (a) or (b).'.
`2C Amendment of s 28B (Warrant authority to apprehend defendant
on other charges)
`Section 28B, `28A(1)(a)'--
omit, insert--
`28A(1)(a), (b), (c) or (e)'.
`2D Amendment of s 33 (Failure to appear in accordance with
undertaking)
`Section 33(1)(b) and (3)(b)(i), `28A(1)(a)'--
omit, insert--
`28A(1)(a), (b), (c) or (e)'.
`2E Insertion of new s 39
`After section 38--
insert--
`39 Provision concerning references to s 28A(1)(a)
`(1) It is declared that, during the relevant period, the Acts Interpretation
Act 1954, section 14H1 applied so that the reference to section 28A(1)(a) in
sections 28B and 332 included a reference to section 28A(1)(b), (c) and (e).
1 Acts Interpretation Act 1954, section 14H (References taken to be included in
reference to law)
2 Sections 28B (Warrant authority to apprehend defendant on other charges) and 33
(Failure to appear in accordance with undertaking)
3
Sexual Offences (Protection of Children) Amendment
Bill 2002
`(2) Without limiting subsection (1), if a defendant was apprehended
during the relevant period under an affected warrant, subsections (3)
and (4) apply.
`(3) Section 28B is taken to have applied in relation to the affected
warrant as if the reference in section 28B to a warrant issued under
section 28A(1)(a) included a reference to the affected warrant.
`(4) If the defendant was convicted of an offence against section 33,
section 33 is taken to have applied, in relation to the defendant and the
proceedings for the offence against section 33, as if the references in
section 33 to a warrant issued under section 28A(1)(a) included a reference
to the affected warrant.
`(5) In this section--
"affected warrant" means a warrant issued before the commencement
date under old section 28A(1)(a)(ii), (iii) or (iv) or during the relevant
period under section 28A(1)(b), (c) or (e).
"commencement date" means the date the Criminal Law Amendment Act
2002, the schedule, amendments of the Bail Act 1980 commenced.
"old", in relation to a provision, means the provision as in force from time
to time before the commencement date.
"relevant period" means the period beginning on the commencement date
and ending immediately before the commencement of this section.'.'.
3 After clause 14--
At page 9, after line 21--
insert--
`14A Amendment of s 1 (Definitions)
`Section 1--
insert--
`"computer generated image" means electronically recorded data
capable, by way of an electronic device, of being produced on a
computer monitor, television screen, liquid crystal display or similar
medium as an image, including an image in the form of text.
4
Sexual Offences (Protection of Children) Amendment
Bill 2002
"indecent matter" includes indecent film, videotape, audiotape, picture,
photograph or printed or written matter.
"picture" includes image including computer generated image.'.'.
4 Clause 17--
At page 10, line 23, `indecent matter,'--
omit, insert--
`indecent matter,3'.
5 Clause 17--
At page 11, lines 27 and 28--
omit.
6 Clause 21--
At page 15, line 3, `subsection (6) and (7)'--
omit, insert--
`subsection (5) and (6)'.
7 After clause 24--
At page 16, after line 20--
insert--
`24A Amendment of s 21 (Complaints for certain offences)
`Section 21(1), `section 19(8)'--
omit, insert--
`section 19(5)'.'.
3 "indecent matter" is defined in section 1.
5
Sexual Offences (Protection of Children) Amendment
Bill 2002
8 After clause 26--
At page 17, after line 12--
insert--
`PART 4A--AMENDMENT OF MAGISTRATES ACT
1991
`26A Act amended in pt 4A
`This part amends the Magistrates Act 1991.
`26B Replacement of s 6 (Appointment of acting Magistrates)
`Section 6--
omit, insert--
`6 Appointment of acting magistrates
`(1) The Governor in Council may, at the request of the chief magistrate,
appoint any of the following persons to act as a magistrate--
(a) a clerk of the court;
(b) a person qualified to be appointed as a magistrate;
(c) a person who is, or has been, a judge or magistrate of a court of
another State or Territory;
(d) a person who is, or has been, a judge of a federal court or a
federal magistrate;
(e) a Supreme Court judge, if the Chief Justice consents;
(f) a District Court judge, if the Chief Judge consents.
`(2) The appointment may be for a specified period or for a specified
matter.
`(3) For the purpose of the person acting as a magistrate--
(a) this Act and other Acts apply to the person as if the person were a
magistrate; and
(b) the person has all the powers and functions of a magistrate; and
6
Sexual Offences (Protection of Children) Amendment
Bill 2002
(c) subject to section 6A(4), the person is to be paid the
remuneration and allowances decided by the Governor in
Council, not being less than the remuneration and allowances
paid to a magistrate.
`(4) A person who has acted as a magistrate may constitute a Magistrates
Court at a place directed by the Chief Magistrate to give judgment in, or
otherwise complete, a proceeding heard by the person while acting as a
magistrate, despite the fact that the person is no longer a magistrate.
`6A Acting magistrates who are clerks of the court
`(1) This section applies if a clerk of the court is appointed to act as a
magistrate.
`(2) The Public Service Act 1996 does not apply to the clerk while the
clerk is acting as a magistrate.
`(3) The clerk retains all rights that have accrued to the clerk because of
the clerk's employment, or that would accrue in the future to the clerk
because of that employment, as if service acting as a magistrate were a
continuation of service as a clerk of the court.
`(4) However, for deciding whether remuneration is payable to a clerk of
the court while acting as a magistrate, the Public Service Act 1996 applies
to the person.'.'.
[Index] [Search] [Download] [Related Items] [Help]