Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017

Type
Government
Portfolio
Justice
Originating house
House of Representatives
Status
Before Senate
Parliament no
45

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Summary

Amends the: Crimes Act 1914 to: insert community safety as a factor that can be taken into account to revoke the parole of a federal offender without notice; remove the requirement to seek leave before a recorded interview of a vulnerable witness can be admitted as evidence in chief; remove the requirement for vulnerable witnesses to be available to give evidence at committal proceedings; introduce mandatory minimum penalties for certain Commonwealth child sex offences and offenders; require a court to state and record the reasons for granting bail; insert a presumption against bail for certain Commonwealth child sex offenders; insert additional factors which must be taken into account when sentencing federal offenders; require the court to have regard to certain rehabilitation considerations when sentencing Commonwealth child sex offenders; insert presumptions in favour of cumulative sentences and actual terms of imprisonment for Commonwealth child sex offenders; impose certain requirements on Commonwealth child sex offenders under a recognizance release order; add ‘residential treatment orders’ as a sentencing alternative for intellectually disabled offenders; allow certain information to be withheld from an offender in national security circumstances; reduce the amount of ‘clean street time’ that can be credited against the outstanding sentence following commission of an offence by a person on parole and license; require a period of time to be served in custody if a federal offender’s parole order is revoked; Criminal Code Act 1995 to: clarify the scope of the definition of ‘engage in sexual activity’; insert a range of new aggravated offences for child sexual abuse; insert new offences relating to ‘grooming’ and the provision of electronic services to facilitate dealings with child abuse material online; increase the maximum penalties for certain Commonwealth child sex offences and breaches of reporting requirements; and insert new additional factors for mandatory consideration at sentencing; and Crimes Act 1914, Criminal Code Act 1995, Customs Act 1901 and Telecommunications (Interception and Access) Act 1979 to replace references to ‘child pornography material’ in Commonwealth legislation with ‘child abuse material’.

Progress

House of Representatives
Introduced and read a first time 13 Sep 2017
Second reading moved 13 Sep 2017
Second reading debate 18 Oct 2017
Second reading debate 19 Oct 2017
Second reading agreed to 19 Oct 2017
Third reading agreed to 19 Oct 2017
Senate
Introduced and read a first time 19 Oct 2017
Second reading moved 19 Oct 2017

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.