2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Crimes Act 1900 and the Prostitution Act 1992

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Crimes Legislation Amendment Act 2004.

(1) This Act (other than section 7) commences on the day after its notification day.

(2) Section 7 commences on the commencement of the Nurse Practitioners Legislation Amendment Act 2004, section 22.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Crimes Act 1900.

• section 64 (Using child for production of child pornography etc)

• section 64A (Trading in child pornography)

• section 65 (Possessing child pornography)

(1) A person commits an offence if—

(a) the person uses, offers or procures a child—

(i) for the production of child pornography; or

(ii) for a pornographic performance; and

(b) the child is under 12 years old.

Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both.

(2) Absolute liability applies to subsection (1) (b).

(3) A person commits an offence if—

(a) the person uses, offers or procures a child—

(i) for the production of child pornography; or

(ii) for a pornographic performance; and

(b) the child is 12 years old or older.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

(4) Strict liability applies to subsection (3) (b).

(5) In this section:

child pornography means anything that represents—

(a) the sexual parts of a child; or

(b) a child engaged in an activity of a sexual nature; or

(c) someone else engaged in an activity of a sexual nature in the presence of a child;

substantially for the sexual arousal or sexual gratification of someone other than the child.

pornographic performance means—

(a) a performance by a child engaged in an activity of a sexual nature; or

(b) a performance by someone else engaged in an activity of a sexual nature in the presence of a child;

substantially for the sexual arousal or sexual gratification of someone other than the child.

1 sexual intercourse or other explicit sexual activity (whether real or simulated)

2 a striptease

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

represent means depict or otherwise represent on or in a film, photograph, drawing, audiotape, videotape, computer game, the internet or anything else.

(1) A person commits an offence if the person produces, publishes, offers or sells child pornography.

Maximum penalty: 1 200 penalty units, imprisonment for 12 years or both.

(2) In this section:

child pornography—see section 64 (5).

(1) A person commits an offence if—

(a) the person intentionally possesses pornography; and

(b) the pornography is child pornography.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

(2) Absolute liability applies to subsection (1) (b).

(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the pornography concerned was child pornography.

(4) In this section:

child pornography—see section 64 (5).

This part amends the Prostitution Act 1992.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 20 (Causing child to provide commercial sexual services etc)

• s 26 (Medical tests and examinations).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

(1) A person commits an offence if—

(a) the person causes, permits, offers or procures a child to provide commercial sexual services; and

(b) the child is under 12 years old.

Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both.

(2) Absolute liability applies to subsection (1) (b).

(3) A person commits an offence if—

(a) the person causes, permits, offers or procures a child to provide commercial sexual services; and

(b) the child is 12 years old or older.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

(4) Strict liability applies to subsection (3) (b).

commercial sexual services means sexual services provided for monetary consideration or any other form of consideration or material reward (regardless of whether the consideration or reward is, or is to be, paid or given to the prostitute or another person).

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.