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


CRIMES LEGISLATION AMENDMENT (CHILD SEX OFFENCES) BILL 2015


                                New South Wales

Crimes Legislation Amendment (Child Sex
Offences) Bill 2015

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:
(a) to amend section 66A of the Crimes Act 1900 to make the offence of having sexual

       intercourse with a child who is under the age of 10 years punishable by a maximum penalty
       of life imprisonment, and
(b) to amend the Crimes (Sentencing Procedure) Act 1999 to establish standard non-parole
       periods for various child sex offences under the Crimes Act 1900.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.

Schedule 1 Amendment of Crimes Act 1900 No 40

Under section 66A of the Crimes Act 1900 the offence of having sexual intercourse with a child
under the age of 10 years currently carries a maximum penalty of 25 years imprisonment while
the offence, if committed in circumstances of aggravation, carries a maximum penalty of
imprisonment for life.

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Crimes Legislation Amendment (Child Sex Offences) Bill 2015 [NSW]
Explanatory note

Schedule 1 [1] substitutes section 66A to remove the distinction between the basic offence and
the aggravated offence and make the basic offence carry a maximum penalty of imprisonment for
life.
Under section 21 of the Crimes (Sentencing Procedure) Act 1999 a court may nevertheless impose
a sentence of imprisonment for a specified term. A standard non-parole period of 15 years is set
under Division 1A of Part 4 of that Act.
Schedule 1 [2], [3], [4] and [5] contain consequential amendments.
Schedule 1 [6] is a savings and transitional provision.

Schedule 2 Amendment of Crimes (Sentencing Procedure)
                     Act 1999 No 92

The Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (the Table)
sets standard non-parole periods for a number of offences. When determining a sentence for an
offence listed in the Table, a court is required to take into account the standard non-parole period
for the offence.
Schedule 2 [2] amends the Table to introduce standard non-parole periods for certain child sex
offences under the Crimes Act 1900 set out in the amendment.
Schedule 2 [1] makes an amendment that is consequential on the amendment made by
Schedule 1 [1].
Schedule 2 [3] is a savings and transitional provision.

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                                                                             First print

                  New South Wales

Crimes Legislation Amendment (Child Sex
Offences) Bill 2015

Contents

                                                                             Page

             1    Name of Act                                                2
             2    Commencement                                               2
Schedule 1        Amendment of Crimes Act 1900 No 40                         3
Schedule 2        Amendment of Crimes (Sentencing Procedure) Act 1999 No 92  4

b2015-029-19.d12
                                New South Wales

Crimes Legislation Amendment (Child Sex
Offences) Bill 2015

No , 2015
A Bill for
An Act to amend the Crimes Act 1900 with respect to the offence of sexual intercourse with a child
under 10 years of age and to amend the Crimes (Sentencing Procedure) Act 1999 to set standard
non-parole periods for certain child sex offences.
Crimes Legislation Amendment (Child Sex Offences) Bill 2015 [NSW]                           1
                                                                                            2
The Legislature of New South Wales enacts:                                                  3

  1 Name of Act                                                                             4
                                                                                            5
               This Act is the Crimes Legislation Amendment (Child Sex Offences) Act 2015.

  2 Commencement

               This Act commences on the date of assent to this Act.

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Crimes Legislation Amendment (Child Sex Offences) Bill 2015 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40

Schedule 1 Amendment of Crimes Act 1900 No 40                                                           1

[1] Section 66A                                                                                         2
                                                                                                        3
       Omit the section. Insert instead:
                                                                                                        4
       66A Sexual intercourse--child under 10                                                           5
                                                                                                        6
                (1) Any person who has sexual intercourse with a child who is under the age of          7
                       10 years is guilty of an offence.                                                8
                       Maximum penalty: imprisonment for life.                                          9
                                                                                                       10
                (2) A person sentenced to imprisonment for life for an offence under this section      11
                       is to serve that sentence for the term of the person's natural life.            12
                                                                                                       13
                (3) Nothing in this section affects the operation of section 21 of the Crimes
                       (Sentencing Procedure) Act 1999 (which authorises the passing of a lesser       14
                       sentence than imprisonment for life).                                           15

                (4) Nothing in this section affects the prerogative of mercy.                          16
                                                                                                       17
[2] Section 66E Alternative verdicts
                                                                                                       18
       Omit "section 66A (1) or (2)" from section 66E (1). Insert instead "section 66A".               19

[3] Section 66E (2)                                                                                    20
                                                                                                       21
       Omit the subsection.
                                                                                                       22
[4] Section 77 Consent no defence in certain cases                                                     23

       Omit "66A (1) or (2)" from section 77 (1). Insert instead "66A".                                24
                                                                                                       25
[5] Section 431A Life sentences
                                                                                                       26
       Omit "section 66A (2)" from section 431A (2). Insert instead "section 66A".                     27
                                                                                                       28
[6] Schedule 11 Savings and transitional provisions                                                    29

       Insert at the end of the Schedule:

      Part 34 Crimes Legislation Amendment (Child Sex
                  Offences) Act 2015

         76 Application of amendments

                       An amendment made by the Crimes Legislation Amendment (Child Sex
                       Offences) Act 2015 applies only in respect of an offence committed, or alleged
                       to have been committed, on or after the commencement of the amendment.

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Crimes Legislation Amendment (Child Sex Offences) Bill 2015 [NSW]
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

Schedule 2 Amendment of Crimes (Sentencing Procedure)                                                  1
                     Act 1999 No 92                                                                    2

[1] Part 4, Division 1A, Table                                                                         3
                                                                                                       4
       Omit "Section 66A (1) or (2)" from item 10. Insert instead "Section 66A".
                                                                                                       5
[2] Part 4, Division 1A, Table                                                                         6

       Insert after item 10:

        10A Section 66B of the Crimes Act 1900 (attempt, or assault with intent, to have     10 years
                sexual intercourse with a child under 10 years)                              7 years
                                                                                             9 years
        10B Section 66C (1) of the Crimes Act 1900 (sexual intercourse with a child 10-14    5 years
                years)                                                                       6 years
                                                                                             5 years
        10C Section 66C (2) of the Crimes Act 1900 (aggravated sexual intercourse with a     6 years
                child 10-14 years)                                                           5 years
                                                                                             5 years
        10D Section 66C (4) of the Crimes Act 1900 (aggravated sexual intercourse with a     4 years
                child 14-16 years)                                                           6 years
                                                                                             6 years
        10E Section 66EB (2) of the Crimes Act 1900 (procure a child under 14 years for      6 years
                unlawful sexual activity)

        10F Section 66EB (2) of the Crimes Act 1900 (procure a child 14-16 years for
                unlawful sexual activity)

        10G Section 66EB (2A) of the Crimes Act 1900 (meet a child under 14 years
                following grooming)

        10H Section 66EB (2A) of the Crimes Act 1900 (meet a child 14-16 years following
                grooming)

        10I Section 66EB (3) of the Crimes Act 1900 (groom a child under 14 years for
                unlawful sexual activity)

        10J Section 66EB (3) of the Crimes Act 1900 (groom a child 14-16 years for
                unlawful sexual activity)

        10K Section 91D (1) of the Crimes Act 1900 (induce a child under 14 years to
                participate in child prostitution)

        10L Section 91E (1) of the Crimes Act 1900 (obtain benefit from child prostitution,
                child under 14 years)

        10M Section 91G (1) of the Crimes Act 1900 (use a child under 14 years for child
                abuse material purposes)

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Crimes Legislation Amendment (Child Sex Offences) Bill 2015 [NSW]
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

[3] Schedule 2 Savings, transitional and other provisions                                          1
                                                                                                   2
       Insert at the end of the Schedule with appropriate Part and clause numbering:
                                                                                                   3
     Part Provision consequent on enactment of Crimes                                              4
                  Legislation Amendment (Child Sex Offences) Act                                   5
                  2015
                                                                                                   6
                Standard non-parole periods                                                        7
                                                                                                   8
                      The amendments made to this Act by the Crimes Legislation Amendment          9
                      (Child Sex Offences) Act 2015 do not apply to offences committed before the
                      commencement of the amendments.

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