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


Type
Government
Originating house
House of Representatives
Status
Before Senate
Portfolio
Justice

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 licence; and 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 of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 13/09/17  
Second reading moved 13/09/17  
Second reading debate 18/10/17  
Second reading debate 19/10/17  
Second reading agreed to 19/10/17  
Third reading agreed to 19/10/17  
     
Senate
Introduced and read a first time 19/10/17  
Second reading moved 19/10/17  
     

Text of bill

  • First reading

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

Senate
  • Centre Alliance [sheet 8279]
GRIFF, Sen Stirling

MS-Word PDF HTML

Schedules of amendments

Bills Digest



Notes
  • Referred to Committee (14/09/2017): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (16/10/2017)
  • Considered by scrutiny committee (17/10/2017): Parliamentary Joint Committee on Human Rights; Report 13 of 2017
  • Considered by scrutiny committee (18/10/2017): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 13 of 2017