Combatting Child Sexual Exploitation Legislation Amendment Bill 2019

Type
Government
Portfolio
Home Affairs
Originating house
House of Representatives
Status
Act
Parliament no
46

Track (What's this?)

Permalink

Summary

Implements a number of recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse by amending the: Crimes Act 1914 and Criminal Code Act 1995 to: introduce two new offences, and related defences, court rules and protections, for failure to protect a child at risk of a child sexual abuse offence and failure to report child sexual abuse; and introduce a new offence, and related defences and changes to the definition of 'child pornography material', of possessing a doll or other object that resembles a child or part of a child intended to be used by a person to simulate sexual intercourse; Customs Act 1901 to prohibit the import and export of child-like sex dolls and similar objects; Surveillance Devices Act 2004 to allow applications for the emergency authorisation for use of a surveillance device to be made in relation to the new offence of possession of child-like sex dolls or other objects; Telecommunications (Interception and Access) Act 1979 to provide that the new offence of possession of child-like sex dolls or other objects is a serious offence for the purposes of the Act; Criminal Code Act 1995 to: introduce a new offence, and related presumptions and defences, for the possession or control of 'child abuse material' in the form of data held in a computer or on a data storage device; provide that the existing offence of persistent sexual abuse of a child outside Australia applies to the commission of two or more separate occasions of underlying child sex offences overseas over any period of time; amend the existing definition of 'forced marriage' to explicitly capture all marriages involving children under 16; remove the rebuttable presumption that a person under 16 is presumed to be incapable of understanding the nature and effect of a marriage ceremony; require the Attorney-General's consent to commence proceedings in relation to the offences of causing a person to enter a forced marriage and being a party to a forced marriage; clarify that forced marriage offences involving a child under 16 will automatically attract the aggravated maximum penalty of nine years' imprisonment; and narrow the existing defence to offences involving engaging in sexual intercourse or other sexual activity with a child or young person outside Australia, and procuring or 'grooming' a child for sexual activity outside Australia; and Crimes Act 1914, Criminal Code Act 1995, Customs Act 1901 and Telecommunications (Interception and Access) Act 1979 to remove references to ‘child pornography material’ and reconstitute the current definitions of ‘child abuse material’ and ‘child pornography material’ into a single definition of ‘child abuse material’.

Progress

House of Representatives
Introduced and read a first time 24 Jul 2019
Second reading moved 24 Jul 2019
Second reading debate 11 Sep 2019
Second reading debate 12 Sep 2019
Second reading agreed to 12 Sep 2019
Third reading agreed to 12 Sep 2019
Senate
Introduced and read a first time 12 Sep 2019
Second reading moved 12 Sep 2019
Second reading debate 17 Sep 2019
Second reading agreed to 17 Sep 2019
Third reading agreed to 17 Sep 2019
Finally passed both Houses 17 Sep 2019
Assent
  • Act no: 72
  • Year: 2019
20 Sep 2019

Documents and transcripts

Text of bill

Word Format PDF Format HTML Format
Word Format PDF Format HTML Format

Explanatory memoranda

Word Format PDF Format HTML Format

Proposed amendments

Senate

Word Format PDF Format HTML Format

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.