crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.7
Repeal Part IIIA of the Criminal Code Act 1995
1 Part IIIA
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.14
10 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.37
Defines sexual activity for the purpose of the Criminal Code.
10 Dictionary in the Criminal Code
No fault element for physical element of underlying offence
10(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Avoidance of underlying offence commitment
10(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
if the person has a defence to the underlying offence.
Temporal relationship between commitment and defence
(3) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a)
Exclusion from committing the underlying offence
Defence as a condition for avoiding commitment
Absolute liability applies to subparagraph (1)(b)(i).
10(4) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Prohibition on strict liability for subparagraph (1)(b)(ii)
10(5) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Defendant bears a legal burden in relation to the matter in this subsection.
10(6) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Defendant must believe the child did not have a mental impairment.
Condition applies to specific time frame.
Triers of fact may consider the reasonableness of an alleged belief in determining whether a defendant had such a belief.
10(7) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.10
11 Section 11
Defines sexual intercourse as per section 272.4
11 Dictionary in the Criminal Code
11(3) Section 11
Exempts certain offences from attempt liability
(3) Section 11.1 (attempt) does not apply to an offence against: (a) section 272.14 (procuring child to engage in sexual activity outside Australia); or (b) section 272.15 (“grooming” child to engage in sexual activity outside Australia); or (c) section 272.20 (preparing for or planning offence against this Division).
Section 11.4 (incitement) does not apply to an offence against this Division.
11(4) Section 11
Section 11.5 does not apply to an offence against section 272.19.
11(5) Section 11
Section 272.19 overlaps with Section 11.5.
Section 11.5 overlaps with section 272.19 in terms of applicability.
Section 11.5 implies that section 272.19 is not affected.
Section 11.5 exempts section 272.19 from its application.
Section 11.5 diffuses the applicability of section 272.19.
Section 272.19 is not affected by its application.
Section 11.5 implies that section 272.19 is not affected by its application.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.16
12 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.38
12 At the end of Division 470 of the Criminal Code
Does not prevent an alternative verdict under section 272.28.
12(10) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Subsection (10) and section 272.28 overlap.
Subsection (10) overlaps with section 272.28.
Excludes subsection (9) from preventing alternative verdicts.
Section 272.28 is identical to subsection (10).
Prohibition on re-conviction of certain sex crimes against children
12(11) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Cannot be convicted of this section at the same time
Convicted or acquitted of an offence against section 272.8, 272.9 or 272.10
Convicted of an offence against section 272.8, 272.9 or 272.10
Classification of sex crimes against children
Offence against section 272.8, 272.9 or 272.10
Cannot be convicted of this section in the future
Judge must warn jury of subsection (7) requirements in proceedings for an offence against this section.
12(8) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
(if any) of the requirements of subsection (7)
Warning is a temporal interval contained within proceedings under this section
Proceedings for an offence against this section
Warning implies that the judge has a duty to inform the jury
Prohibition on reconviction for related offences
12(9) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.39
Insert: Subdivision A—General postal offences
13 Before section 471.1 of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.18
14 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Offences relating to use of postal or similar service for child pornography material or child abuse material
14 At the end of Division 471 of the Criminal Code
Prohibits the use of postal or similar service for child pornography material or child abuse material
Engaging in conduct that causes a young person to engage in sexual activity outside Australia is prohibited.
14(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Prohibition of conduct causing sexual activity outside Australia.
Intention is the fault element for paragraph (2)(b) of section 14(3)
14(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Absolute liability applies to certain provisions
14(4) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
14(5) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Defence to prosecution for an offence against subsections (1) or (2)
14(6) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.50
Section defines 'use' in relation to carriage services.
15 Section 473.1 of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.65
Relates to child sex offences, unaffected by this Part
15YT Video link evidence provisions relating to child sex offences
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.20
Does not matter that child is a fictitious person for purposes of subsection (1)
16 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
16 At the end of Division 473 of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.51
17 Subdivision C of Division 474 of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.22
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
18 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Repeal section 474.13 of the Criminal Code
18 Section 474.13 of the Criminal Code
Insertion of new subdivision D relating to use of carriage service for child pornography material or child abuse material
19 After section 474.18 of the Criminal Code
Prohibition of using carriage service for child pornography material or child abuse material
2 Subsection 7.3(8) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.24
20 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Accessing or transmitting material using a carriage service is prohibited.
20 Paragraph 474.19(1)(a) of the Criminal Code
Absolute liability applies to paragraph (1)(c).
20(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Encouraging or aiding a child sexual offence
20(4) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
(4) In this section, the obligation applies to actions taken after commencement
Defines the temporal scope of the obligation
(4) In this section, encourage means: (a) encourage, incite to, or urge, by any means whatever, (including by a written, electronic or other form of communication); or (b) aid, facilitate, or contribute to, in any way whatever.
(4) In this section, encourage means: (a) not encourage, incite to, or urge, by any means whatever, (including by a written, electronic or other form of communication); or (b) not aid, facilitate, or contribute to, in any way whatever.
Prohibits encouraging or aiding a child sexual offence
(4) In this section, encourage means: (a) not aid, facilitate, or contribute to, in any way whatever.
Prohibits aiding or facilitating a child sexual offence
(4) In this section, not aid, facilitate, or contribute to, in any way whatever.
(4) In this section, 'encourage' means an action that aids or facilitates a child sexual offence
Classifies 'encourage' as a child sexual offence action
(4) In this section, the obligation applies to recurring actions that aid or facilitate a child sexual offence
Defines the scope of the obligation as a recurring action
21 Subsection 474.19(1) of the Criminal Code (penalty)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.26
Definition of 'appropriate persons' for court consideration.
22 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Absolute liability applies to paragraph (1)(aa)
22 After subsection 474.19(2) of the Criminal Code
23 Subsection 474.20(1) of the Criminal Code (penalty)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.28
Alternative verdicts for certain subsections
24 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.52
24 Paragraph 474.22(1)(a) of the Criminal Code
25 Subsection 474.22(1) of the Criminal Code (penalty)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.30
Reference to Part 10.6 in Section 473.4 is redirected to this Division.
26 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
26 After subsection 474.22(2) of the Criminal Code
27 Subsection 474.23(1) of the Criminal Code (penalty)
Definition of 'cause a person to engage in sexual intercourse or other sexual activity'
272 Section 272
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.12
Engaging in sexual activity with a child under 16 outside Australia is prohibited.
272(1) Section 272
The act occurs during the child's minority.
Prohibits engaging in sexual activity with a child under 16 outside Australia.
(a) the person engages in sexual activity (other than sexual intercourse) with another person (the child); and (b) the child is under 16; and (c) the sexual activity is engaged in outside Australia.
Requires imprisonment for 15 years as punishment.
Requires the presence of a child to be punished.
(Causing child to engage in sexual activity in presence of defendant)
The act continues until the child reaches majority.
(c) the sexual activity is engaged in outside Australia.
Engaging in conduct that causes a child to engage in non-consensual sexual activity outside Australia is prohibited.
272(2) Section 272
Temporal relation between conduct and sexual activity.
Recognition of entities involved in conduct and sexual activity.
Prohibition of conduct causing non-consensual sexual activity outside Australia.
Mapping of ontology concepts to conduct and sexual activity data.
Validation of schema against conduct and sexual activity data.
Intention is the fault element for paragraph (2)(b)
272(3) Section 272
272(4) Section 272
Absolute liability is a deontic obligation
Defence to prosecution for offence against subsections (1) or (2)
272(5) Section 272
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.13
Aggravated offence: engaging in sexual intercourse with child outside Australia
Prohibits engaging in sexual intercourse with child outside Australia
Committing an offence against this section is prohibited for a person who commits an underlying offence against a child on 3 or more separate occasions.
Requires at least 3 separate occasions during any period.
Prohibits committing an offence against this section.
Combines multiple prohibitions for different underlying offences.
No fault element for physical elements of underlying offence.
Avoidance of underlying offence for purposes of subsection (1) is not a defence if the person has a defence to the underlying offence.
if (3) then not committing the underlying offence for purposes of subsection (1) is not a defence
If A implies B, then if A is true, B must be true.
(3) To avoid doubt, a person does not commit the underlying offence for the purposes of subsection (1)
if (3) then committing the underlying offence for purposes of subsection (1) is not a defence
If A implies B, then if A is false, B must be false.
It is immaterial whether the underlying offence, or the conduct constituting the underlying offence, is the same on each occasion.
No need to specify or prove exact circumstances of offence occurrences.
Charge of an offence must specify period and nature of separate offences.
272(6) Section 272
Trier of fact must be satisfied beyond reasonable doubt that evidence establishes at least 3 separate occasions.
272(7) Section 272
Evidence establishes at least 3 separate occasions
Engaging in sexual intercourse with a young person under 18 and in a position of trust or authority is prohibited.
(a) the person engages in sexual intercourse with another person (the young person); and (b) the young person is at least 16 but under 18; and (c) the person is in a position of trust or authority in relation to the young person; and (d) the sexual intercourse is engaged in outside Australia.
Engaging in sexual intercourse with a minor outside Australia is prohibited.
Strict liability applies to paragraphs (1)(c) and (2)(d).
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.17
Engaging in sexual activity with a young person outside Australia is prohibited.
Prohibits sexual activity with a young person outside Australia.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.19
Engaging in conduct to procure a child to engage in sexual activity outside Australia is an offence.
The conduct and sexual activity must occur within the same temporal interval.
Requires temporal overlap between conduct and sexual activity
(i) the conduct referred to in paragraph (a) occurs wholly or partly outside Australia;
(a) the person engages in conduct in relation to another person (the child); and (b) the person does so with the intention of procuring the child to engage in sexual activity...
The person is obligated to prevent the conduct.
Imposes an obligation to prevent conduct
The conduct and sexual activity must occur within the same temporal interval, with the child outside Australia.
Requires a recurring trace of conduct and sexual activity
(ii) the child is outside Australia when the conduct referred to in paragraph (a) occurs;
A person may be found guilty of an offence against subsection (1)
Making it easier to procure a child to engage in sexual activity outside Australia is an offence.
The conduct referred to in paragraph (a) occurs wholly or partly outside Australia.
Making it easier to procure a child to engage in sexual activity outside Australia is prohibited.
(a) the person engages in conduct in relation to another person (the child); and (b) the person does so with the intention of making it easier to procure the child to engage in sexual activity...
The provision does not explicitly grant permission.
The child is someone who is under 16; or who the person believes to be under 16.
(ii) who is someone: ...or (ii) who the person believes to be under 16;
Prohibition on impossible sexual activity
Does not matter that the child is a fictitious person represented as real.
It does not matter that the child is a fictitious person.
If the child is a fictitious person, then it does not matter.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.21
Defence to prosecution for underage sexual activity if defendant believed child was at least 16.
Belief of age at least 18 is a defence to prosecution for an offence against sections 272.12 or 272.13.
Defence to prosecution for underage conduct
Trier of fact may consider reasonableness of alleged belief in circumstances.
Defence for prosecution of sexual intercourse with child or young person
Defence for prosecution of offence against subsection 272.9(1), 272.12(1) or 272.13(1)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.8
Defendant must prove marriage was valid at time of offence.
Marriage existed between defendant and child at time of offence.
Temporal interval of marriage overlaps with time of offence.
Marriage was genuine when it was solemnised.
Defendant's claim implies a valid marriage.
Defendant has a legal obligation to prove marriage was valid.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.23
Engaging in conduct with the intention of benefiting from an offence against this Division is an offence.
Subsection (1) applies regardless of location or financial intent.
Encouraging an offence against Division 272 (excluding sections 272 and 272.20) is an offence.
Encouraging an offence is an obligation.
(a) the person engages in conduct; and (b) the person does so with the intention of encouraging an offence against this Division...
Encouraging an offence implies that the person intends to encourage an offence.
(b) the person does so with the intention of encouraging an offence against this Division...
Subsection (1) applies to conduct engaged in within or outside Australia.
Preparing for or planning an offence against section 272.
Obligation to prepare for or plan an offence.
Committing an offence with intention to prepare for or plan another offence.
Subsections (1) and (2) apply to certain conditions under which an act is done.
The provision applies to the specified conditions under which an act is done, regardless of time.
(3) Subsections (1) and (2) apply: (a) whether the act is done within or outside Australia;
The provision applies to the specified conditions.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.25
Court may direct witness to give evidence by video link under certain conditions.
Court permits witness to give evidence by video link.
Witness must give evidence under direction in specific locations with video facilities.
Video facilities enable communication between locations
...enable appropriate persons at the Australian location to see and hear the witness give the evidence; and...
Obligation to give evidence under direction
(1) A witness can give evidence under a direction only...
Amendments relating to sexual offences against children
A person who gives evidence under a direction must give it at the courtroom or other place in Australia where the court is sitting.
Must provide evidence at a specific location
Administration of oaths and affirmations may be done in certain ways.
Obligation to administer oaths and affirmations
Administration of oaths and affirmations is a class inclusion
A court may make orders for payment of expenses incurred in connection with giving evidence.
Indicates an overlap between the court's obligation and the expenses.
Prohibits causing another person to engage in sexual intercourse or other sexual activity.
Other laws about foreign evidence not affected
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.27
Belief of defendant about person's age is proof in absence of evidence to the contrary.
Proof in absence of evidence to the contrary.
Belief overlaps with proof in absence of evidence to the contrary.
Defendant believed person was under or of a particular age.
Belief infers proof in absence of evidence to the contrary.
Belief diffuses into proof in absence of evidence to the contrary.
Belief until proof in absence of evidence to the contrary.
Evidence admissible in determining age for the purposes of this Division
a document that is or appears to be a copy of such a record
a document that is or appears to be an official or medical record from a country outside Australia
Prosecutor's duty to adduce best possible evidence
...does not affect a prosecutor’s duty to do all he or she can...
Subsection (2) is related to the temporal interval of subsection (3)
(3) Subsection (2) does not make any other kind of evidence inadmissible...
...adduce the best possible evidence for determining...
Prosecutor has a duty to adduce best possible evidence
(2) does not affect a prosecutor’s duty...
Prosecutor is obligated to adduce best possible evidence
(2) does not make any other kind of evidence inadmissible...
Prosecutor has permission to adduce best possible evidence
Subsection (2) is a class that excludes other kinds of evidence
Court must warn jury beyond reasonable doubt
Trier of fact must find defendant guilty of column 2 offence if satisfied beyond reasonable doubt.
Trier of fact must find defendant guilty of column 2 offence.
Double jeopardy protection for convictions outside Australia
Court must consider age and maturity when determining sentence or order for an offence against Subdivision B of this Division.
Court must consider additional matters when determining child sex offence cases.
...(for example, the matters mentioned in subsection 16A(2) of the Crimes Act 1914).
Temporal interval for consideration of additional matters.
...the matters mentioned in subsection (1)...
Diffusion of consideration to related matters.
Recurring trace for consideration of additional matters.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.29
No commencement of proceedings without consent of Attorney-General for minors under 18.
...without the consent of the Attorney-General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.
Temporal overlap between proceedings and consent requirement
(1) Proceedings for an offence against this Division must not be commenced...
...without the consent of the Attorney-General if the defendant was under 18...
State obligation to obtain consent for minors
...if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.
Attorney-General discretion to grant consent
Consent requirement for recurring proceedings
Arrest before consent is given for certain offenses.
The temporal interval for offenses where arrest before consent is allowed overlaps with the necessary consent interval.
Defines a temporal interval for offenses where arrest before consent is allowed.
(2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.
The concept of offenses where arrest before consent is allowed is recognized by CogAI.
Recognizes the concept of offenses where arrest before consent is allowed.
Arrest before consent is given is prohibited.
Prohibits arrest before consent is given.
The concept of offenses where arrest before consent is allowed diffuses into the general concept of offenses.
Diffuses the concept of offenses where arrest before consent is allowed.
The offense occurs until the necessary consent is given.
Defines a temporal relationship between offenses and necessary consent.
A person in a position of trust or authority must provide pastoral care or religious instruction to the other person.
The person must provide pastoral care or religious instruction to the other person.
Must provide pastoral care or religious instruction.
(1) For the purposes of this Code, a person is in a position of trust or authority...
The person must determine significant aspects of the other person's terms and conditions of employment.
Must determine significant aspects of the other person's terms and conditions of employment.
(i) is an employer of the other person; or (ii) has the authority to determine...
The person must terminate the other person's employment.
Must terminate the other person's employment.
Defines parent, step-parent, and grandparent relationships for the purposes of this section.
A person is considered the grandparent of another if they meet certain conditions.
Defines temporal intervals for grandparent relationships.
A person is considered the parent of another if they meet certain conditions.
Establishes a logical connection between parent and child relationships in argument form.
Defines relationships for the purposes of this section.
Classifies individuals into parent, step-parent, and grandparent categories using AI.
Establishes a logical connection between parent and child relationships.
Establishes a logical connection between parent and child relationships in terms of diffusion.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.9
Exemptions from sexual intercourse definition
Defines vagina for the purposes of section 272
Includes specific parts of a female person's genitalia
Subclassifies 'part of a female person’s genitalia'
Reference to an offence against this Division or a particular provision of it
Includes an offence against this Division or a particular provision of it
(a) a reference to: (i) an offence against section 6 of the Crimes Act 1914...
(b) a reference to an offence against this Division, or against that provision of it...
No reference to an offence against this Division or a particular provision of it includes a reference due to section 11.2 (complicity and common purpose).
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.11
Who can be prosecuted for an offence committed outside Australia
Temporal overlap between prosecution and offence
The person must be present in Australia at the time of the offence.
The person must be present in Australia at the time of the offence for each instance.
Obligation to prosecute within Australia
The person must be an Australian citizen, resident, or incorporated body corporate primarily in Australia.
Recurring trace of prosecution and offence
Engaging in sexual intercourse with a child under 16 outside Australia is prohibited.
The prohibition applies to acts performed outside Australia.
Defines the temporal interval for the prohibition.
(c) the sexual intercourse is engaged in outside Australia.
(a) the person engages in sexual intercourse with another person (the child); and (b) the child is under 16; and (c) the sexual intercourse is engaged in outside Australia.
The act is prohibited and punishable by imprisonment for 20 years.
The prohibition applies to acts with a recurring trace of being performed outside Australia.
Defines the recurring trace for the prohibition.
Engaging in conduct in relation to another person constitutes an offence.
273 Section 273
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.33
A person is not criminally responsible for an offence against section 273.5 or 273.6 if the conduct is of public benefit.
273(1) Section 273
If a person's conduct is of public benefit, they are not criminally responsible.
A person's conduct is of public benefit if and only if they are not criminally responsible.
If a person's conduct is not of public benefit, they are criminally responsible.
A person's conduct is not of public benefit if and only if they are criminally responsible.
Conduct is of public benefit if necessary for or of assistance in enforcing a law.
273(2) Section 273
The conduct is necessary for or of assistance in enforcing a law.
Temporal relation between necessity and public benefit
(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in: (a) enforcing a law of the Commonwealth, a State or Territory, or a foreign country; or (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory or a foreign country; or (c) the administration of justice (whether within or outside Australia);
(a) enforcing a law of the Commonwealth, a State or Territory, or a foreign country.
The conduct is necessary for or of assistance in monitoring compliance.
(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory, or a foreign country.
The conduct is necessary for or of assistance in administering justice.
(c) the administration of justice (whether within or outside Australia).
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.35
Court may direct witness to give evidence by video link
...and enable appropriate persons at the overseas location to see and hear appropriate persons at the Australian location.
Temporal relationship between locations with video facilities
(c) enable appropriate persons at the Australian location to see and hear the witness give the evidence; and...
...if the courtroom or other place in Australia where the court is sitting (the Australian location); and...
Court considers persons appropriate for a specific purpose.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.36
The section applies to the courtroom or other place in Australia where the court is sitting
Must give evidence at a specific location
The section applies to laws about witnesses
The section applies to laws relating to evidence, procedure, contempt of court and perjury
The section describes the location where evidence must be given
The section contains a description of the location where evidence must be given
Administration of oaths and affirmations
Has obligation to administer oaths and affirmations
Is defined by the court's administration of oaths and affirmations
Court may order payment of expenses incurred in connection with giving evidence.
No effect on other laws about foreign evidence
Temporal overlap between Australia and the offence location
The person must have been in Australia at the time of the offence.
Prosecution is only allowed within these boundaries.
Recognition of jurisdictional boundaries
The law recognizes jurisdictional boundaries between Australia and other jurisdictions.
The person must be an Australian citizen, resident, or incorporated body corporate.
However, prosecution within Australia is still required.
Diffusion of prosecution to other jurisdictions
Prosecution may be allowed in other jurisdictions if the offence was committed outside Australia.
Recurring trace of prosecution within Australia
The person must be prosecuted within a reasonable time after the offence.
The temporal interval for offenses where consent is not required overlaps with this class.
The system recognizes that arrest before consent is prohibited.
Recognizes the prohibition on arrest before consent in AI systems.
The diffusion of this concept applies to all offenses where consent is not required.
Diffuses the concept of arrest before consent to related offenses.
Defines a temporal relationship between arrest and consent.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.31
Possession or control of child pornography material outside Australia is prohibited.
...and a penalty of imprisonment for 15 years.
Temporal relation of conduct outside Australia
(c) the conduct referred to in paragraph (a) occurs outside Australia.
(ii) produces, distributes or obtains material;
Possession or control of child abuse material outside Australia is prohibited.
The conduct referred to in paragraph (a) occurs outside Australia.
Prohibits possession or control of child abuse material outside Australia.
(a) the person: (i) has possession or control of material; or (ii) produces, distributes or obtains material; or (iii) facilitates the production or distribution of material;
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.32
Possessing child pornography material outside Australia is prohibited.
The prohibition on possessing child pornography material outside Australia overlaps with the prohibition on possessing child abuse material outside Australia.
(i) section 273.5 (possessing etc. child pornography material outside Australia); and
Possessing child pornography material outside Australia is recognized as a prohibited act.
The system recognizes possessing child pornography material outside Australia as a prohibited act.
(1) A person commits an offence against this section...
Prohibits possessing child pornography material outside Australia.
The prohibition spreads to other prohibitions.
The prohibition on possessing child pornography material outside Australia spreads to other prohibitions.
(b) the commission of each such offence involves 2 or more people.
The prohibition repeats every 3 times it is committed.
The prohibition on possessing child pornography material outside Australia repeats every time it is committed.
(a) the person commits an offence against either of the following provisions on 3 or more separate occasions:
No fault element for physical elements other than those described in section 273.5 or 273.6.
Avoidance of offence for defence purposes
273(3) Section 273
Double jeopardy is immaterial whether the offence or conduct constituting the offence is the same on each occasion.
273(4) Section 273
(double jeopardy etc.) Overlaps ((offence, or conduct constituting the offence) = (same on each occasion))
States that double jeopardy overlaps with the same offence and conduct being present
(offence, or conduct constituting the offence) = (same on each occasion)
(double jeopardy etc.) Recognizes ((offence, or conduct constituting the offence) = (same on each occasion))
States that double jeopardy is recognized when the same offence and conduct are present
(double jeopardy etc.) Implies ((offence, or conduct constituting the offence) = (same on each occasion))
Implies that double jeopardy is immaterial
(double jeopardy etc.) Diffuses ((offence, or conduct constituting the offence) = (same on each occasion))
States that double jeopardy diffuses to the same offence and conduct being present
(double jeopardy etc.) Until ((offence, or conduct constituting the offence) ≠ (same on each occasion))
States that double jeopardy is immaterial until the same offence and conduct are not present
Prohibition on reconviction for aggravated offence
273(5) Section 273
Reconviction of aggravated offence within same temporal interval
Temporal interval for reconviction of aggravated offence
(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 273.5 or 273.6 in relation to the conduct that constituted the aggravated offence.
Prevents reconviction for aggravated offence
Does not prevent an alternative verdict under section 273.8.
273(6) Section 273
Prohibition on reoffending after conviction for certain child sex offences.
273(7) Section 273
Cannot be convicted of same offence again
Conviction for certain child sex offences
Alternative verdict if aggravated offence not proven
Definition of child abuse material and child pornography material.
Reference to a person having possession or control of material includes a reference to the person having possession of a computer or data storage device, document, or control of material held in a computer.
A reference to a person having possession or control of material includes a reference to the person having control of material held in a computer.
Temporal inclusion relation for Allen intervals
(c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia);
A reference to a person having possession or control of material includes a reference to the person having possession of a computer or data storage device, document, or control of material held in a computer.
(a) having possession of a computer or data storage device that holds or contains the material; or (b) having possession of a document in which the material is recorded;
Inclusion relation for descriptive logic
Reference to a person producing, distributing or obtaining material includes a reference to the person producing, distributing or obtaining material held or contained in a computer or data storage device; or producing, distributing or obtaining a document in which the material is recorded.
Prohibition on sexual offences against children
28 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
28 After section 474.24 of the Criminal Code
Forbids sexual offences against children
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.54
Insertion of new section regarding sexual activity with minors using carriage services
29 After section 474.25 of the Criminal Code
Prohibits use of carriage service involving sexual activity with person under 16
3 Paragraph 102.1(1A)(c) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.34
30 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.56
30 Paragraph 474.26(1)(b) of the Criminal Code
Prohibits omission of ‘, or submit to,’.
Reasonable conduct is a defense to the offense.
30(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
A person is not criminally responsible for an offence against section 273.5 or 273.6 if certain conditions are met.
30(4) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
The person is not criminally responsible
The person is acting in the course of their duties
Permission to act in certain circumstances
The conduct of the person is reasonable in the circumstances for the purpose of performing that duty
The person is exempt from criminal responsibility
Exemption from criminal responsibility due to official duties
The person is a law enforcement officer or intelligence officer
Permission to act in certain circumstances due to official duties
The person is an officer or employee of the government of a foreign country performing similar duties to an intelligence or security officer
Exemption from criminal responsibility due to official duties and reasonable conduct
The person is acting in the course of their duties and the conduct is reasonable
Exempts from criminal responsibility for assisting in detecting prohibited content or manufacturing content filtering technology.
30(5) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Temporal overlap between exemptions and criminal responsibility.
Knowledge graph representation of exemptions and criminal responsibility.
Granting permission to engage in conduct.
Recurring trace of exemption for detecting prohibited content.
31 Paragraph 474.26(2)(b) of the Criminal Code
Prohibits sexual activity with another person
32 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Modify reference to participant in Criminal Code
32 Paragraph 474.26(2)(d) of the Criminal Code
33 Paragraph 474.26(3)(b) of the Criminal Code
34 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Insertion of '(the participant)' after 'person'
34 Subparagraph 474.26(3)(e)(ii) of the Criminal Code
Insertion of '(the participant)', a new obligation.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.57
35 Paragraph 474.27(1)(b) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.40
36 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
36 Paragraph 474.27(1)(c) of the Criminal Code
A person may be found guilty of an offence against subsection (1) even if committing the offence is impossible.
36(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
No attempt to commit an offence is an offence.
36(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
37 Paragraph 474.27(2)(b) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.42
38 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Omit specified language from Criminal Code
38 Paragraph 474.27(2)(c) of the Criminal Code
38(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
38(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Omit specific phrase from Criminal Code section
39 Paragraph 474.27(2)(e) of the Criminal Code
Insert provision after Division 271 of the Criminal Code
4 After Division 271 of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.44
Prohibition on certain actions for the offence against section 471.16
40 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
40 Paragraph 474.27(3)(b) of the Criminal Code
41 Paragraph 474.27(3)(c) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.46
Sending or receiving child pornography is prohibited.
42 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
42 Subparagraph 474.27(3)(f)(ii) of the Criminal Code
Prohibits sending or receiving child pornography.
43 Subsections 474.27(4) and (5) of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.48
44 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
44 After section 474.27 of the Criminal Code
Participant must be at least 18 for absolute liability to apply.
44(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Belief of age is proof in absence of evidence to the contrary
44(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Participant's age must be at least 18 or over for certain sections to apply.
44(4) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Section applies if participant is within a certain age range.
Participant's age overlaps with the condition for certain sections to apply.
Participant was represented as being at least 18 or over.
Participant's age is recognized as relevant for certain sections to apply.
Section applies if participant is at least 18 or over.
Participant's age is a condition for certain sections to apply.
Participant's age diffuses into the condition for certain sections to apply.
Section applies if participant is within a certain age range repeatedly.
Participant's age is recurrently related to the condition for certain sections to apply.
Evidence admissibility for age determination in court
44(5) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Court may treat certain evidence as admissible
44(6) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Prosecutor has a duty to adduce the best possible evidence
Court must inform jury of the need for proof beyond reasonable doubt.
44(7) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.58
Absolute liability applies for certain age-related issues
45 Subsection 474.28(1) of the Criminal Code
Trier of fact may take into account whether belief is reasonable in circumstances.
46 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Insert a specific subsection number before another subsection number.
46 Subsection 474.28(2) of the Criminal Code
Insertion of a subsection number is an obligation.
47 Subsection 474.28(2) of the Criminal Code
470 Section 470
471 Section 471
If, on a trial for an offence (the aggravated offence) against subsection 471.22(1), the trier of fact is not satisfied that the defendant is guilty of the aggravated offence; but is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against section 471.16.
But the trier of fact is satisfied beyond reasonable doubt that he or she is guilty of an underlying offence against section 471.16.
The trier of fact is not satisfied that the defendant is guilty of the aggravated offence.
Defendant may be found guilty of underlying offence if procedural fairness is accorded.
Defendant must be accorded procedural fairness.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.45
Sending explicit sexual content to minors is prohibited.
471(1) Section 471
Prohibits sending explicit sexual content to minors.
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and (c) the recipient is someone who is, or who the sender believes to be, under 16; and (d) the sender is at least 18.
Sending explicit child content via postal service is prohibited.
471(2) Section 471
Prohibits sending explicit child content.
(2) A person (the sender) commits an offence...
Implies imprisonment for 15 years if sending explicit child content is prohibited.
Sending explicit child sexual content via postal service is prohibited.
471(3) Section 471
The prohibition applies to acts committed after the commencement of this Act.
(3) A person (the sender) commits an offence...
The law is applicable to AI systems that facilitate child sexual content transmission.
Recognizes the AI-powered nature of the law.
Prohibits sending explicit child sexual content.
The law implies that the sender will face penalties for violating it.
Entails the logical consequences of the law.
The law is structured to prevent child sexual content transmission.
Sending unsolicited sexual material to minors is prohibited.
Prohibits sending unsolicited sexual material to minors.
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with the sender; and (c) the recipient is someone who is, or who the sender believes to be, under 16; and (d) the sender is at least 18.
Sending explicit sexual content via postal service is prohibited.
Prohibits sending explicit sexual content via postal service.
(3) A person (the sender) commits an offence if...
The recipient is committing an offence if...
Prohibits the recipient from engaging in sexual activity with another person.
The other person is committing an offence if...
Prohibits the other person from engaging in sexual activity with the recipient.
The sender intends to facilitate sexual activity.
Implies that the sender's intention is to make it easier for the recipient to engage in sexual activity.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.47
Sending indecent material to minors is prohibited.
The sender must be at least 18 years old.
The system recognizes the sender's intent to commit a crime.
Recognizes the sender's intent to commit a crime.
(c) the recipient is someone who is, or who the sender believes to be, under 16;
Prohibits sending indecent material to minors.
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the article is, or contains, material that is indecent;
Postal services must prevent the spread of indecent material.
Spreads the prohibition to postal services.
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient);
Trier of fact decides material is indecent in prosecution
Defines indecent as indecent according to ordinary people's standards.
Absolute liability applies to physical element of circumstance under 16 for offences against this Subdivision.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.49
Prohibition of certain sexual activities
If attempting is not an offence, then no attempt is not an offence.
No attempt to commit an offence against section 471.24 or 471.25 is an offence.
Temporal overlap between section 471(3) and other sections
(3) It is not an offence to attempt to commit an offence against section 471.24 or 471.25.
CogAI recognizes section 471(3) as a valid exemption
Diffusion of section 471(3) through other sections
Defence to prosecution for underage recipient
Obligation to ensure recipient is at least 16
Defence to prosecution for an offence against subsection
Defendant bears legal burden if participant is under 18.
Defendant must believe participant is under 18.
Geographical jurisdiction applies to an offence against Subdivision B or C of this Division.
Applies to an offence against Subdivision B or C of this Division.
Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service is prohibited.
Definition of carry by post does not apply to Subdivision B or C.
A person is not criminally responsible for an offence against section 471.16 or 471.17 if the conduct is of public benefit and does not extend beyond what is of public benefit.
The conduct must be of public benefit and does not extend beyond what is of public benefit.
Obligation to not be criminally responsible for an offence against section 471.16 or 471.17 if the conduct is of public benefit and does not extend beyond what is of public benefit.
(1) A person is not criminally responsible for an offence against section 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc. child pornography material for use through a postal or similar service)
Conduct is of public benefit if necessary for or of assistance in enforcing a law, monitoring compliance, administering justice, or approved research.
...or investigating a contravention of...
(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory;
...the conduct is necessary for or of assistance in...
Necessary condition for public benefit conduct.
(2) For the purposes of subsection (1), conduct is of public benefit if...
(a) enforcing a law of the Commonwealth, a State or a Territory;
Law enforcement and intelligence officers are not criminally responsible for certain offenses if their conduct is reasonable in the circumstances.
If an officer's conduct is reasonable, they are not criminally responsible.
If an officer's conduct is unreasonable, they are criminally responsible.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.41
Causing child abuse material to be carried by postal service is an offence.
Prohibits carrying child abuse material by postal service.
(a) the person causes an article to be carried by a postal or similar service;
Requesting to carry child abuse material is an offence.
(2) A person commits an offence if: (a) the person requests another person to cause an article to be carried by a postal or similar service; and (b) the article is, or contains, child abuse material. Penalty: Imprisonment for 15 years.
Defines the temporal interval of the offence.
Defines the condition under which the offence occurs.
Prohibits requesting to carry child abuse material.
Defines the temporal scope of the offence.
Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service is prohibited.
A person is not criminally responsible for an offence against section 471.19 or 471.20 if the conduct is of public benefit and does not extend beyond what is of public benefit.
The conduct overlaps with the public benefit.
(a) is of public benefit; and (b) does not extend beyond what is of public benefit.
The person is not criminally responsible for the offence.
Obligation to not be criminally responsible for an offence against section 471.19 or 471.20 if the conduct is of public benefit and does not extend beyond what is of public benefit.
(1) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) because of engaging in particular conduct if the conduct: (a) is of public benefit; and (b) does not extend beyond what is of public benefit.
The person must determine whether the conduct is of public benefit.
Obligation to determine whether conduct is of public benefit
In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
The defendant must bear the evidential burden.
A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
The conduct is recurring if it extends beyond the public benefit.
Conduct is recurring if it extends beyond public benefit
(b) does not extend beyond what is of public benefit.
The officer's conduct overlaps with their duty in the circumstances.
Officer's conduct does not overlap with their duty.
If an officer is acting in the course of their duties, then they are not criminally responsible.
Officer is acting in the course of their duties.
The officer's conduct must be reasonable in the circumstances.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.43
Committing an offence against this section multiple times with others involved.
No fault element for physical elements other than specified
Defence to an offence against certain sections
471(4) Section 471
(double jeopardy etc.) = ((offence, or conduct constituting the offence) = (same on each occasion))
Temporal equivalence between double jeopardy and sameness of offence/conduct
Equivalence between double jeopardy and sameness of offence/conduct
((offence, or conduct constituting the offence) = (same on each occasion)) Implies (double jeopardy etc.)
Prevents reconviction for aggravated offence in relation to conduct constituting it.
471(5) Section 471
(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 471.16, 471.17, 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.
Relates to temporal overlap between aggravated offence and other offences.
Relates to recognition of aggravated offence by AI system.
Relates to spreading of aggravated offence across other offences.
Relates to repetition of aggravated offence in other offences.
Does not prevent an alternative verdict under section 471.23.
471(6) Section 471
Prohibition on conviction of certain offences
471(7) Section 471
(underlying offence) against section 471.16, 471.17, 471.19 or
No conviction for an offence against this section in relation to the underlying offence.
Prohibits conviction for an offence against this section in relation to the underlying offence.
Carrying child pornography material is prohibited.
Carrying child pornography material is prohibited during the period of carrying by a postal or similar service.
(a) the person causes an article to be carried by a postal or similar service; and (b) the article is, or contains, child pornography material.
Classifies carrying child pornography material as prohibited using artificial intelligence.
Prohibits carrying child pornography material.
Carrying child pornography material is prohibited through postal or similar services.
Carrying child pornography material is prohibited until it is no longer being carried by a postal or similar service.
Requesting to carry child pornography material is an offence.
...and the article is, or contains, child pornography material.
Temporal interval for requesting to carry child pornography material.
Knowledge representation of prohibited content.
Prohibition of requesting to carry child pornography material.
Diffusion of prohibition on requesting to carry child pornography material.
Recurring trace of requesting to carry child pornography material.
Exemptions from liability for carriage service use
473 Section 473
474 Section 474
Using a carriage service to transmit indecent communication to person under 16 years of age is prohibited.
Someone under 16 years of age is a recipient.
Recipient is defined as someone under 16 years of age.
Substitute 'the participant' in certain provisions.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.60
Belief of age is a defence to prosecution for an offence against section 474.25A.
474(1) Section 474
Belief is a defence, not a duty or right
474(2) Section 474
Defendant bears legal burden in relation to subsection matter.
Defendant's belief is relevant to the matter.
Defence for prosecution of child sex offence involving belief that participant under 18 years of age did not have a mental impairment.
The defendant's belief that participant under 18 years of age did not have a mental impairment occurred before the commission of the offence.
Temporal relation between defendant's belief and commission of offence
Belief that participant under 18 years of age did not have a mental impairment is a defence to prosecution.
A defendant bears a legal burden in relation to the matter in this subsection.
The belief that participant under 18 years of age did not have a mental impairment is a permission for the defendant to commit the offence.
The defendant's belief that participant under 18 years of age did not have a mental impairment is part of a recurring trace with the commission of the offence.
Recurring trace of defendant's belief and commission of offence
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.61
474(5) Section 474
474(6) Section 474
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.67
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.53
474(3) Section 474
(3) To avoid doubt, a person does not commit an offence...
474(4) Section 474
(Double Jeopardy) Overlaps ((offence, or conduct constituting the offence) = (same on each occasion))
(Double Jeopardy) Recognized ((offence, or conduct constituting the offence) = (same on each occasion))
Recognizes double jeopardy as immaterial
(Double Jeopardy) Diffuses ((offence, or conduct constituting the offence) = (same on each occasion))
(Double Jeopardy) Eventually ((offence, or conduct constituting the offence) = (same on each occasion))
Eventually implies double jeopardy is immaterial
Prevents reconviction of certain offences in relation to aggravated offence conduct.
Does not prevent an alternative verdict under section 474.24B.
474(7) Section 474
(underlying offence) against section 474.19, 474.20, 474.22 or
No conviction for conduct constituting underlying offence.
If, on a trial for an offence (the aggravated offence) against subsection 474.24A(1), the trier of fact is not satisfied that the defendant is guilty of the aggravated offence;
Procedural fairness is required for a finding of guilt.
Obligation to provide procedural fairness.
Consent period overlaps with proceedings
Temporal overlap between proceedings and consent period
Consent required before arresting or charging for certain offenses.
Arresting or charging without consent may overlap with the time when necessary consent is given.
Arrest can occur before necessary consent is given.
Necessary consent must be given before arresting or charging.
Arresting or charging without consent is prohibited.
Consent required before arresting or charging.
Arresting or charging without consent may diffuse to the time when necessary consent is given.
Engaging in sexual activity with a child under 16 using a carriage service is prohibited.
The person is at least 18 years of age and...
Temporal overlap between the person's actions and the child's age.
(c) the person is at least 18 years of age;
Prohibition of sexual activity with a child under 16 using a carriage service.
(a) the person engages in sexual activity with another person (the child) using a carriage service;
Prohibition of sexual activity with a child under 16.
Engaging in conduct with a child using a carriage service is prohibited.
Prohibits conduct with a child using a carriage service.
(2) A person (the defendant) commits an offence if: (a) the defendant engages in conduct in relation to another person (the child); and (b) that conduct causes the child to engage in sexual activity with another person (the participant) using a carriage service; and (c) the child is under 16 years of age when the sexual activity is engaged in; and (d) the participant is at least 18 years of age when the sexual activity is engaged in.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.55
Aggravated offence: child with mental impairment or under care, supervision or authority of defendant
Prohibits engaging in sexual activity with child using a carriage service or causing child to engage in sexual activity with another person
Defendant must be accorded procedural fairness in relation to finding of guilt.
Committing an offence against this section is prohibited.
No fault element for physical elements other than those described in section 474.19.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.62
475 Section 475
Presumption of carriage service use in offence against Subdivision C, D, E or F of Division 474
475(1) Section 475
Relation between physical element of offence and carriage service use
(1) If: (a) a physical element of an offence against Subdivision C, D, E or F of Division 474 consists of a person using a carriage service to engage in particular conduct;
then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.
(a) a physical element of an offence against Subdivision C, D, E or F of Division 474 consists of a person using a carriage service to engage in particular conduct;
Absolute liability applies to physical element of offence that carriage service was used
Defendant bears legal burden in relation to matter in subsection
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Recurring trace of carriage service use in offence against Subdivision C, D, E or F of Division 474
Absolute liability applies to the physical element of the offence that a carriage service was used to engage in that particular conduct.
475(2) Section 475
Establishes a temporal relation between the carriage service and the particular conduct.
(2) If: ... and (b) the prosecution proves beyond reasonable doubt that the person intended to engage in that particular conduct;
Represents knowledge about the carriage service and particular conduct.
Prohibits the use of a carriage service to engage in particular conduct.
Establishes a diffusive relation between the carriage service and the particular conduct.
Establishes a recurring trace of carriage service use and particular conduct.
Good faith exemption for employees of NRS providers from certain offences.
Good faith exemption from criminal liability for emergency call persons
48 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Omit certain sections of the Criminal Code
48 Subsection 474.28(3) of the Criminal Code
Prohibits omitting certain sections of the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.59
Omit sections 474.26 and 474.27, evidence that the other person referred to in paragraph 474.26(2)(b) or (3)(e) or 474.27(2)(c) or (3)(f)
49 Subsection 474.28(4) of the Criminal Code
Defines 'cause a person to engage in sexual intercourse or other sexual activity'
5 Dictionary in the Criminal Code
Guilty of an offence against section 474.19 beyond reasonable doubt.
50 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Replace 'other person' with 'participant' in subsection 474.28(4) of the Criminal Code.
50 Subsection 474.28(4) of the Criminal Code
Replace 'other person' with 'participant'
51 Subsection 474.28(5) of the Criminal Code
52 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Substitute a provision of this Subdivision
52 Subsection 474.28(7) of the Criminal Code
Avoids doubt about committing an offence with a defence.
52(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
If not satisfied of guilt, must provide evidence beyond reasonable doubt.
52(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Bayesian inference for guilt determination
No fault element for physical element of circumstance that child has a mental impairment or defendant is in a position of trust or authority.
53 After subsection 474.28(7) of the Criminal Code
Prohibits the physical element of circumstance that child has a mental impairment or defendant is in a position of trust or authority.
54 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
54 Subsection 474.28(9) of the Criminal Code
Trier of fact determines material's indecency in prosecution
54(2) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Prosecution occurs during the trier of fact's determination
Argument for prosecution's material indecency is determined by the trier of fact
Cognitive AI's determination is influenced by the trier of fact's decision
Prosecution is in the trier of fact's determination of material's indecency
54(3) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Repeal subsection 474.28(11) of the Criminal Code.
55 Subsection 474.28(11) of the Criminal Code
Defence based on belief that child did not have a mental impairment
56 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Repeal section and substitute with new content.
56 Section 474.29 of the Criminal Code
Insert: Offences relating to use of carriage service for suicide-related material
57 After section 474.29 of the Criminal Code
Prohibits use of carriage service for suicide-related material
Repeal section 474.30 of the Criminal Code
58 Section 474.30 of the Criminal Code
58 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
59 Before section 475.1 of the Criminal Code
A person is taken to engage in sexual activity if they are present with another person engaging in sexual activity.
6 Dictionary in the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.63
Defines 'make available' in relation to material
60 Dictionary in the Criminal Code
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.64
60 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Inserts an offence against Subdivision B or C of Division 471, or D or F of Division 474, of the Criminal Code.
61 Subsection 4(1) (paragraph (d) of the definition of serious
Omit 'child sex tourism' and substitute with a sexual offence against a person under 18 outside Australia.
62 Paragraph 15GE(2)(v)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.66
Prohibition on using video link evidence in certain child sex offence cases outside Australia.
62 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Repeal of subsection and substitution with new serious Commonwealth offence provisions.
63 Subsection 15GE(3)
Amendments apply in relation to a controlled operation authorized on or after commencement.
64 Application
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.68
64 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
65 Paragraph 15Y(1)(a)
List of offences against specific divisions of the Criminal Code
66 After paragraph 15Y(1)(caa)
Repeal certain offences and substitute with new ones.
67 Paragraph 15Y(1)(ca)
Omit certain paragraphs and substitute with others.
68 Paragraph 15Y(1)(e)
Omit specific paragraphs and substitute with preceding ones.
69 Paragraph 15Y(1)(f)
7 Dictionary in the Criminal Code
70 Section 15YT
Sections 15Y and 15YT of the Crimes Act 1914 continue to apply in relation to an offence against Part IIIA.
71 Application
72 Subparagraph 30(1)(a)(iii)
Omit or substitute specific section numbers.
73 Subparagraph 30(1)(a)(viii)
Continues to apply certain provisions despite amendment.
74 Application
subparagraph 30(1)(a)(iii) of the Surveillance Devices Act 2004
75 Subsection 5D(2A)
76 Subparagraph 5D(3)(d)(xi)
Repeal of subsection and substitution with new provisions related to sexual offences against children.
77 Subsection 5D(3B)
Applicability of subsection 5D(3B) of the Telecommunications (Interception and Access) Act 1979
78 Application
...subsection 5D(3B) of the Telecommunications (Interception and Access) Act 1979, as in force on and after the commencement of this item, applies...
(1) Subject to subitems (2) and (3), subsection 5D(3B) of the Telecommunications (Interception and Access) Act 1979, as in force on and after the commencement of this item, applies...
8 Dictionary in the Criminal Code
Prohibits procuring a person to engage in sexual activity
9 Dictionary in the Criminal Code
1 Subsection 3(1)
child abuse material has the same meaning as in Part 10.6 of the Criminal Code.
2 Subsection 3(1)
child pornography material has the same meaning as in Part 10.6 of the Criminal Code.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.69
Application of Part to forfeitable thing
23ZA Application
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.70
23ZB Forfeiture of material by operation of law
Constable must give forfeiture notice if reasonably believes forfeitable thing is derived from or used in connection with a Commonwealth child sex offence.
23ZB(1) Forfeiture of material by operation of law
Between giving forfeiture notice and the commission of a Commonwealth child sex offence
Temporal interval for giving forfeiture notice
This section applies if a constable reasonably believes that the forfeitable thing is derived from, or was used in connection with, the commission of a Commonwealth child sex offence.
Constable reasonably believes forfeitable thing is derived from or used in connection with a Commonwealth child sex offence.
Notice must be given to the owner of the forfeitable thing or the person possessing it.
23ZB(2) Forfeiture of material by operation of law
The notice must be given within the same temporal interval as the seizure.
(2) The constable may give a notice (the forfeiture notice) described in subsection (3)
A person who owns the forfeitable thing or the person possessing it must receive the notice.
The constable may give a notice (the forfeiture notice) described in subsection (3)
Forfeiture notice must be given to certain persons before the thing is forfeited.
23ZB(3) Forfeiture of material by operation of law
(3) The forfeiture notice is a notice that: (d) explains the circumstances in which, under section 23ZC, a person may be given a copy of parts of the thing, or of data contained in the thing, on request to the head of the police force made within 30 days after the notice is given;
Prohibition of possession or use of the thing.
Requirement to provide written notice before forfeiture.
(3) The forfeiture notice is a notice that: (c) states that the thing will be forfeited to the Commonwealth 30 days after the notice is given, unless any of the following persons object to the forfeiture by written notice given before ComLaw Authoritative Act C2010A00042
(3) The forfeiture notice is a notice that: (a) identifies the forfeitable thing; and (b) states the constable’s belief that the thing is derived from, or was used in connection with, the commission of a Commonwealth child sex offence;
Classification of persons affected by the forfeiture notice.
Giving forfeiture notice to anyone directly or indirectly affected by the proposed forfeiture.
23ZB(4) Forfeiture of material by operation of law
Forfeiture of material by operation of law at the end of a period
23ZB(5) Forfeiture of material by operation of law
Head of police force must instruct Director to apply for forfeiture order.
23ZB(6) Forfeiture of material by operation of law
Forfeiture of material by operation of law
23ZB(7) Forfeiture of material by operation of law
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.72
23ZC Providing copies of innocuous parts of material to be forfeited
Request for innocuous parts of material to be forfeited
23ZC(1) Providing copies of innocuous parts of material to be forfeited
Head of police force must comply with request if reasonably practicable.
23ZC(2) Providing copies of innocuous parts of material to be forfeited
Exemption from providing copies of innocuous parts of material to be forfeited under certain conditions.
23ZC(3) Providing copies of innocuous parts of material to be forfeited
Prohibits providing copies of innocuous parts under certain conditions.
Reasonable belief in endangering safety or prejudicing investigation or prosecution.
Head of police force has reasonable belief in conditions.
Exemption only applicable during that time.
Condition applies to temporal interval of request.
Pay costs incurred by police force in complying with request for innocuous parts of material to be forfeited.
23ZC(4) Providing copies of innocuous parts of material to be forfeited
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.73
23ZD Forfeiture of material by court order on application
Forfeiture of material by court order on application
23ZD(1) Forfeiture of material by court order on application
Prohibits the commission of a Commonwealth child sex offence
Notice to be given to claimants and affected parties
23ZD(2) Forfeiture of material by court order on application
Court may make interim orders on application
23ZD(3) Forfeiture of material by court order on application
23ZD(4) Forfeiture of material by court order on application
Prohibits forfeiture of material by court order on application
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.75
23ZE Effect of forfeiture under this Part
This section applies if a thing is forfeited to the Commonwealth under this Part.
23ZE(1) Effect of forfeiture under this Part
A thing is forfeited to the Commonwealth under this Part.
The thing forfeited becomes the property of the Commonwealth.
23ZE(2) Effect of forfeiture under this Part
it becomes the property of the Commonwealth.
23ZE(3) Effect of forfeiture under this Part
(3) A constable may, without warrant, seize the thing.
Commissioner's discretion to deal with forfeited thing
23ZE(4) Effect of forfeiture under this Part
Police head may deal with seized thing in any way they consider appropriate
23ZE(5) Effect of forfeiture under this Part
The head of the police force may deal with the thing.
Temporal overlap between police custody and action
(5) However, if the thing is in the custody of a constable...
Recurring trace of police action on thing
Subsections (3), (4) and (5) have effect despite section 9.
23ZE(6) Effect of forfeiture under this Part
Subsections (3), (4) and (5) continue to have effect
Continues the effect of subsections (3), (4) and (5)
(6) Subsections (3), (4) and (5) have effect despite section 9.
Subsections (3), (4) and (5) are prohibited
Continues the prohibition of subsections (3), (4) and (5)
23ZF Compensation for forfeiture of electronic equipment etc.
Compensation for forfeiture of electronic equipment etc.
23ZF(1) Compensation for forfeiture of electronic equipment etc.
Commonwealth liable to pay compensation for forfeiture of electronic equipment.
23ZF(2) Compensation for forfeiture of electronic equipment etc.
23ZF(3) Compensation for forfeiture of electronic equipment etc.
Court must determine compensation for forfeiture of electronic equipment etc.
23ZF(4) Compensation for forfeiture of electronic equipment etc.
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.76
Head of police force may delegate powers to a constable.
23ZG Delegation by head of police force
3 Subsection 3(1)
Applies to offences committed before the commencement of Part IE
Includes specific provisions of the Criminal Code
Is a subclass of offences against certain other provisions in force before the commencement of Part IE
Data includes information in any form and any program (or part of a program).
4 Subsection 3(1)
Offences against certain sections of the Criminal Code are prohibited.
5 Subsection 3(1)
6 Subsection 3C(1) (definition of data)
Prohibits possession of child abuse material or child pornography material.
66 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Defines the temporal scope of prohibited items.
Defines the scope of prohibited items in terms of AI systems.
Admissible evidence in Commonwealth child sex offence prosecution
68 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Repeal definition of data storage device
7 Subsection 3C(1) (definition of data storage device)
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.74
70 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
The court may order the Commonwealth to pay compensation to a person who owns or has property in electronic equipment if certain conditions are met.
70(5) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
The conditions must be met during the hearing of the application.
The court has an obligation to order compensation if certain conditions are met.
Standard of proof for subsections (1) and (5)
70(6) Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Forfeiture of property for Commonwealth child sex offence convictions or findings in civil proceedings.
72 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 No.
Prohibits the forfeiture of property for specified convictions or findings.
8 After Part ID
Part IE of the Crimes Act 1914 applies to Commonwealth child sex offences.
9 Application of Part IE of the Crimes Act 1914
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.5
Cites this Act as the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010.
1 Short title
crimes-legislation-amendment-sexual-offences-against-children-act-2010.pdf, p.6
1 Section 1
12 May 2010
14 April 2010
15 April 2010
2 Commencement
Schedule 1, effective one day after Royal Assent.
2 Section 2
3 Section 3
Schedules for amendments and repeals of Acts
3 Schedule(s)
An Act to amend the criminal law, and for related purposes
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010