Table Of Contents

Crimes Legislation Amendment (Child Sex Offences) Act 2015 No 13

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.
2   Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Crimes Act 1900 No 40
[1]   Section 66A
Omit the section. Insert instead:
  
66A   Sexual intercourse—child under 10
(1)  Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.
Maximum penalty: imprisonment for life.
(2)  A person sentenced to imprisonment for life for an offence under this section is to serve that sentence for the term of the person’s natural life.
(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 sentence than imprisonment for life).
(4)  Nothing in this section affects the prerogative of mercy.
[2]   Section 66E Alternative verdicts
Omit “section 66A (1) or (2)” from section 66E (1). Insert instead “section 66A”.
[3]   Section 66E (2)
Omit the subsection.
[4]   Section 77 Consent no defence in certain cases
Omit “66A (1) or (2)” from section 77 (1). Insert instead “66A”.
[5]   Section 431A Life sentences
Omit “section 66A (2)” from section 431A (2). Insert instead “section 66A”.
[6]   Schedule 11 Savings and transitional provisions
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.
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[1]   Part 4, Division 1A, Table
Omit “Section 66A (1) or (2)” from item 10. Insert instead “Section 66A”.
[2]   Part 4, Division 1A, Table
Insert after item 10:
  
10A
Section 66B of the Crimes Act 1900 (attempt, or assault with intent, to have sexual intercourse with a child under 10 years)
10 years
10B
Section 66C (1) of the Crimes Act 1900 (sexual intercourse with a child 10–14 years)
7 years
10C
Section 66C (2) of the Crimes Act 1900 (aggravated sexual intercourse with a child 10–14 years)
9 years
10D
Section 66C (4) of the Crimes Act 1900 (aggravated sexual intercourse with a child 14–16 years)
5 years
10E
Section 66EB (2) of the Crimes Act 1900 (procure a child under 14 years for unlawful sexual activity)
6 years
10F
Section 66EB (2) of the Crimes Act 1900 (procure a child 14–16 years for unlawful sexual activity)
5 years
10G
Section 66EB (2A) of the Crimes Act 1900 (meet a child under 14 years following grooming)
6 years
10H
Section 66EB (2A) of the Crimes Act 1900 (meet a child 14–16 years following grooming)
5 years
10I
Section 66EB (3) of the Crimes Act 1900 (groom a child under 14 years for unlawful sexual activity)
5 years
10J
Section 66EB (3) of the Crimes Act 1900 (groom a child 14–16 years for unlawful sexual activity)
4 years
10K
Section 91D (1) of the Crimes Act 1900 (induce a child under 14 years to participate in child prostitution)
6 years
10L
Section 91E (1) of the Crimes Act 1900 (obtain benefit from child prostitution, child under 14 years)
6 years
10M
Section 91G (1) of the Crimes Act 1900 (use a child under 14 years for child abuse material purposes)
6 years
[3]   Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:
  
Part Provision consequent on enactment of Crimes Legislation Amendment (Child Sex Offences) Act 2015
Standard non-parole periods
The amendments made to this Act by the Crimes Legislation Amendment (Child Sex Offences) Act 2015 do not apply to offences committed before the commencement of the amendments.