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JUSTICE LEGISLATION (SEXUAL OFFENCES AND BAIL) BILL 2004

PARLIAMENT OF VICTORIA Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Victorian Legislation Parliamentary Documents TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--AMENDMENT OF CRIMES ACT 1958, EVIDENCE ACT 1958 AND SENTENCING ACT 1991 3 3. New Subdivision inserted 3 (8EAA) Sexual Servitude 3 60AB. Sexual servitude 3 60AC. Aggravated sexual servitude 5 60AD. Deceptive recruiting for commercial sexual services 6 60AE. Aggravated deceptive recruiting for commercial sexual services 6 4. Child pornography 6 5. Offer of minor for involvement in child pornography 7 6. Possession of child pornography 7 7. New Subdivision (14) inserted 7 (14) Sexual Performances involving a Minor 7 70AB. Definitions 7 70AC. Sexual performance involving a minor 8 8. Giving of evidence 8 9. Serious sexual offender 9 PART 3--AMENDMENT OF BAIL ACT 1977 10 10. Failure to answer bail 10 11. Extension of bail in limited circumstance 10 12. New section 16A inserted 10 16A. Written notice of extension of bail 10 i 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Clause Page PART 4--AMENDMENT OF COUNTY COURT ACT 1958 12 13. Registrar to extend bail when judge fails to arrive 12 Victorian Legislation Parliamentary Documents ENDNOTES 13 ii 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 21 April 2004 Victorian Legislation Parliamentary Documents A BILL to amend the Crimes Act 1958, the Evidence Act 1958 and the Sentencing Act 1991 with respect to sexual offences, child pornography and sexual performances involving a minor and to amend the Bail Act 1977 and the County Court Act 1958 with respect to failure to answer bail and extension of bail and for other purposes. Justice Legislation (Sexual Offences and Bail) Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Crimes Act 1958-- 1 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 1--Preliminary s. 2 (i) to create offences in relation to sexual servitude and sexual performances involving a minor; and (ii) to amend offences in relation to child Victorian Legislation Parliamentary Documents pornography; and 5 (b) to amend the Evidence Act 1958 in relation to the giving of evidence in cases for sexual servitude offences; and (c) to amend the Sentencing Act 1991 to classify sexual servitude offences as serious 10 offender offences; and (d) to amend the Bail Act 1977 in respect of a failure to answer bail and extension of bail; and (e) to amend the County Court Act 1958 to 15 give a registrar or a deputy registrar the power to extend bail in certain circumstances. 2. Commencement This Act comes into operation on the day after the 20 day on which it receives the Royal Assent. __________________ 2 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 3 Act 1991 PART 2--AMENDMENT OF CRIMES ACT 1958, EVIDENCE ACT 1958 AND SENTENCING ACT 1991 3. New Subdivision inserted Victorian Legislation Parliamentary Documents See: After Subdivision (8E) of Division 1 of Part I of Act No. the Crimes Act 1958 insert-- 5 6231. Reprint No. 17 as at '(8EAA) Sexual Servitude 17 June 2003 and amending 60AB. Sexual servitude Act Nos 63/2003, (1) In this section-- 80/2003, 104/2003 and "commercial sexual services" means 105/2003. services for commercial benefit LawToday: 10 www.dms. involving the use or display of the body dpc.vic. of the person providing the services for gov.au the sexual arousal or sexual gratification of others; "threat" means-- 15 (a) threat of force; or (b) threat to cause a person's deportation; or (c) threat of any other detrimental action unless there are reasonable 20 grounds for the threat of that action in connection with the provision of commercial sexual services. (2) A person who, by the use of-- 25 (a) force; or (b) a threat; or (c) unlawful detention; or (d) fraud or misrepresentation, including by omission; or 30 3 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 3 Act 1991 (e) a manifestly excessive debt-- causes another person to provide, or to continue providing, commercial sexual services is guilty of an offence and liable to Victorian Legislation Parliamentary Documents level 4 imprisonment (15 years maximum). 5 (3) A person who-- (a) causes or induces another person to provide commercial sexual services; and (b) knows that, or is reckless as to whether, 10 the other person providing those services will not be free to stop providing those services because of the use of-- (i) force; or 15 (ii) a threat; or (iii) unlawful detention; or (iv) fraud or misrepresentation, including by omission; or (v) a manifestly excessive debt-- 20 is guilty of an offence and liable to level 4 imprisonment (15 years maximum). (4) A person who-- (a) conducts a business that involves the provision of commercial sexual 25 services; and (b) knows that, or is reckless as to whether, the persons providing those services are not free to stop providing those services because of the use of-- 30 (i) force; or 4 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 3 Act 1991 (ii) a threat; or (iii) unlawful detention; or (iv) fraud or misrepresentation, Victorian Legislation Parliamentary Documents including by omission; or (v) a manifestly excessive debt-- 5 is guilty of an offence and liable to level 4 imprisonment (15 years maximum). (5) For the purposes of sub-section (4), conducting a business includes-- (a) taking any part in the management of 10 the business; or (b) exercising control or direction over the business; or (c) providing finance for the business. 60AC. Aggravated sexual servitude 15 (1) A person is guilty of aggravated sexual servitude if-- (a) the person commits an offence against section 60AB(2), (3) or (4); and (b) the offence was committed against a 20 person under the age of 18 years; and (c) the accused intended to commit, or was reckless as to committing, the offence against a person under the age of 18 years. 25 (2) A person guilty of aggravated sexual servitude is guilty of an offence and liable to level 3 imprisonment (20 years maximum). 5 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 4 Act 1991 60AD. Deceptive recruiting for commercial sexual services (1) A person who, intending to induce another person to enter into an engagement to Victorian Legislation Parliamentary Documents provide commercial sexual services, 5 deceives that other person about the fact that the engagement will involve the provision of commercial sexual services is guilty of an offence and liable to level 6 imprisonment (5 years maximum). 10 (2) In sub-section (1), "commercial sexual services" has the same meaning as in section 60AB. 60AE. Aggravated deceptive recruiting for commercial sexual services 15 (1) A person is guilty of aggravated deceptive recruiting for commercial sexual services if-- (a) the person commits an offence against section 60AD; and 20 (b) the offence was committed against a person under the age of 18 years; and (c) the accused intended to commit, or was reckless as to committing, the offence against a person under the age of 25 18 years. (2) A person guilty of aggravated deceptive recruiting for sexual services is guilty of an offence and liable to level 5 imprisonment (10 years maximum).'. 30 4. Child pornography In section 67A of the Crimes Act 1958, in the definition of "child pornography" omit "under 16". 6 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 5 Act 1991 5. Offer of minor for involvement in child pornography (1) In section 69 of the Crimes Act 1958, for "pornography--" substitute-- Victorian Legislation Parliamentary Documents "pornography; or 5 (c) causes a minor to be in any way concerned in the making or production of child pornography; or (d) offers a minor to be in any way concerned in the making or production of child 10 pornography--". (2) Insert the following heading to section 69 of the Crimes Act 1958-- "Procurement etc. of minor for child pornography". 15 6. Possession of child pornography (1) In section 70(2)(c) of the Crimes Act 1958, for "16 years" substitute "18 years". (2) In section 70(3) of the Crimes Act 1958, for "16 years" substitute "18 years". 20 7. New Subdivision (14) inserted After Subdivision (13) of Division 1 of Part I of the Crimes Act 1958 insert-- '(14) Sexual Performances involving a Minor 70AB. Definitions 25 In this Subdivision-- "minor" means person under the age of 18 years; 7 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 8 Act 1991 "sexual performance" means live performance that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of Victorian Legislation Parliamentary Documents any person. 5 70AC. Sexual performance involving a minor A person must not-- (a) invite a minor to be in any way concerned in a sexual performance; or (b) procure a minor for the purpose of 10 being in any way concerned in a sexual performance; or (c) cause a minor to be in any way concerned in a sexual performance; or (d) offer a minor to be in any way 15 concerned in a sexual performance-- in circumstances where there is payment or reward to the minor or to any other person in respect of the performance. Penalty: Level 5 imprisonment (10 years 20 maximum).'. 8. Giving of evidence See: (1) After section 37B(1)(a) of the Evidence Act 1958 Act No. insert-- 6246. Reprint No. 14 "(ab) an offence under Subdivision (8EAA) of 25 as at 6 June 2002. Division 1 of Part I of the Crimes Act 1958; LawToday: or". www.dms. dpc.vic. (2) After section 37C(2)(a)(ii) of the Evidence Act gov.au 1958 insert-- "(iii) an offence under Subdivision (8EAA) of 30 Division 1 of Part I of the Crimes Act 1958; or". 8 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 2--Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing s. 9 Act 1991 9. Serious sexual offender See: In Schedule 1 to the Sentencing Act 1991, after Act No. clause 1(a)(xvi) insert-- 49/1991. Reprint No. 7 Victorian Legislation Parliamentary Documents "(xvia) section 60AB(2), (3) or (4) (sexual as at 1 January servitude); 5 2004 and (xvib) section 60AC (aggravated sexual servitude); amending Act Nos (xvic) section 60AD (deceptive recruiting for 2/2002, commercial sexual services); 13/2003 and 53/2003. LawToday: (xvid) section 60AE (aggravated deceptive www.dms. recruiting for commercial sexual services);". 10 dpc.vic. gov.au __________________ 9 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 3--Amendment of Bail Act 1977 s. 10 See: PART 3--AMENDMENT OF BAIL ACT 1977 Act No. 9008. 10. Failure to answer bail Reprint No. 7 as at Victorian Legislation Parliamentary Documents Section 4(2)(c) of the Bail Act 1977 is repealed. 1 January 1999 and 11. Extension of bail in limited circumstance amending Act Nos In section 16(3) of the Bail Act 1977, for "a court 5 11/2001, is satisfied that the accused person is by reason of 61/2001, 35/2002 and illness or accident or other sufficient cause unable 10/2003. to appear personally" substitute-- LawToday: www.dms. "a court is satisfied-- dpc.vic. gov.au (a) if the accused person is remanded in custody 10 or committed to safe custody, the accused is by reason of illness, accident or other sufficient cause unable to appear personally; or (b) if the accused person is released on bail, the 15 accused is not present for sufficient cause--". 12. New section 16A inserted After section 16 of the Bail Act 1977 insert-- "16A. Written notice of extension of bail 20 A court extending bail must cause to be given to the accused person and the surety or sureties, if any, for the appearance of the accused notice in writing stating that-- (a) bail has been extended by the court in 25 the absence of the accused and the surety; and (b) the date, time and place at which the accused person is bound to attend; and 10 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 3--Amendment of Bail Act 1977 s. 12 (c) the consequences of failure to attend at that time and place.". __________________ Victorian Legislation Parliamentary Documents 11 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Part 4--Amendment of County Court Act 1958 s. 13 See: PART 4--AMENDMENT OF COUNTY COURT ACT 1958 Act No. 6230. 13. Registrar to extend bail when judge fails to arrive Reprint No. 10 as at Victorian Legislation Parliamentary Documents In section 7(4) of the County Court Act 1958, 27 September 2001 after "telegram" insert "and extend the bail of a and person appearing on that day in relation to a 5 amending Act Nos criminal proceeding in respect of which the person 107/1986, has been granted bail to the day to which the court 4/2002, 11/2002 and is adjourned". 39/2003. LawToday: www.dms. dpc.vic. gov.au 12 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004

 


 

Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. Endnotes ENDNOTES Victorian Legislation Parliamentary Documents By Authority. Government Printer for the State of Victoria. 13 551159B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004