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This is a Bill, not an Act. For current law, see the Acts databases.
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
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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
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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.
__________________
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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
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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
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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
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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
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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;
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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
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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
__________________
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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
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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
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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
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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.
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