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