Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020
An Act to amend legislation relating to the criminal law, and for related purposes
1 Short title
2 Commencement
1 Section 1
22 June 2020
2 Section 2
The day after this Act receives the Royal Assent.
23 June 2020
3 Section 3
20 July 2020
4 Section 4
5 Section 5
6 Section 6
Requires relation between identifiable temporal intervals
7 Section 7
8 Section 8
Clause applies to the specified paragraph (a)
9 Section 9
10 Section 10
11 Section 11
12 Section 12
13 Section 13
14 Section 14
15 Section 15
16 Section 16
3 Schedules
Legislation in schedules is amended or repealed according to its terms.
1 After paragraph 19AU(3)(b)
Revocation of parole order or licence without notice in certain circumstances.
Prohibition of revocation without notice
Insert: (ba) in the opinion of the Attorney-General...
2 Application provision
Requires a relation between identifiable temporal intervals.
The amendment applies in relation to a revocation made on or after the commencement of this Schedule
on or after the commencement of this Schedule
Classifies the amendment as applying in relation to a revocation.
The amendment made by this Schedule applies in relation to a revocation made on or after the commencement of this Schedule
Requires knowledge about the commencement.
1 Subsection 15YM(1)
Admit video recording of interview as evidence in chief.
Imposes obligation on the state to admit video recording.
2 Subsections 15YM(2) and (3)
3 Application and saving provisions
1 After paragraph 15YAB(3)(b)
Insertion of new section 15YHA about cross-examinations at committal proceedings.
2 At the end of subsection 15YF(1)
Prohibition on cross-examining certain persons at committal proceedings.
A person is not to cross-examine certain persons...
The prohibition applies during the committal proceedings.
Implication from prohibition to restriction
Cross-examination of certain persons is restricted.
3 At the end of subsection 15YG(1)
Temporal relation to committal proceedings
The prohibition applies during committal proceedings.
4 At the end of subsection 15YH(1)
5 At the end of Division 3 of Part IAD
5(1) At the end of Division 3 of Part IAD
Prohibition on cross-examination of certain individuals
5(2) At the end of Division 3 of Part IAD
List of persons subject to cross-examination at committal proceedings
List of persons subject to cross-examination
(c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section.
Special witness for whom an order under subsection 15YAB(3) is in force
6 Subsection 15YM(4)
7 Subsection 15YM(4) (note)
8 At the end of subsection 15YM(4)
Prohibits cross-examination of certain persons at committal proceedings or similar kind.
9 Application provision
Amendments apply to proceedings begun on or after commencement.
1 After paragraph 272.5(3)(b) of the Criminal Code
Inserts new section 272.15A to prohibit grooming a child outside Australia.
Prohibits grooming a child outside Australia.
Defines the temporal interval for the prohibition.
2 Subsection 272.9(1) of the Criminal Code (before the
3 Section 272.10 of the Criminal Code (heading)
Repeal heading and substitute with new text.
272 Section 272
Prohibition on sexual intercourse or other sexual activity with a child outside Australia
4 Paragraph 272.10(1)(b) of the Criminal Code
Repeal of paragraph and substitution with new conditions for child sex offences
5 Subsection 272.13(1) of the Criminal Code (before the
6 After section 272.15 of the Criminal Code
272(1) Section 272
Engaging in conduct to make a child under 16 engage in sexual activity outside Australia is an offence.
Prohibits engaging in conduct to make a child under 16 engage in sexual activity outside Australia.
(a) the defendant engages in conduct in relation to another person (the third party); and (b) the defendant does so with the intention of making it easier to procure a person (the child) to engage in sexual activity (whether or not with the defendant) outside Australia;
Prohibits engaging in conduct to make a child under 16 engage in sexual activity inside Australia.
(d) one or more of the following apply: (i) the conduct referred to in paragraph (a) occurs wholly or partly outside Australia;
Prohibits engaging in conduct to make a child under 16 engage in sexual activity with the third party inside Australia.
(iii) the conduct referred to in paragraph (a) occurs wholly in Australia and both the third party and the child are in Australia when that conduct occurs.
272(2) Section 272
Absolute liability applies to certain provisions.
272(3) Section 272
Prohibition of impossible sexual activity
(3) A person may be found guilty of an offence against subsection (1)
A person cannot engage in the sexual activity referred to in subsection (1)
Implies prohibition of impossible sexual activity
(3) A person may be found guilty of an offence against subsection (1) even if it is impossible for the sexual activity referred to in that subsection to take place.
The person cannot engage in the sexual activity referred to in subsection (1)
Describes the temporal relationship between the section and the prohibited action
The section applies within the same time frame as the prohibited action
Implies diffusion of prohibition through impossible sexual activity
The section implies that the prohibited action cannot occur
Classifies the section as a prohibition using AI
The section prohibits engaging in the sexual activity referred to in subsection (1)
272(4) Section 272
It does not matter that the third party or the child is a fictitious person represented to the person as a real person.
7 Subsection 272.16(3) of the Criminal Code (heading)
Repeal of heading and substitution with new text
Prohibits belief that child is at least 16
8 Subsection 272.16(3) of the Criminal Code
9 After section 471.25 of the Criminal Code
Insert clause after section 471.25 of the Criminal Code
471 Section 471
Using postal or similar service to groom another person under 16 is an offence.
10 Subsection 471.27(1) of the Criminal Code
11 After subsection 471.27(1) of the Criminal Code
Absolute liability applies for an offence against section 471.25A when the child is under 16.
12 Subsection 471.27(2) of the Criminal Code
Omit specified text from Criminal Code subsection
13 Subsections 471.27(3) and (4) of the Criminal Code
Proof of belief about age is evidence that the defendant believed the person to be under, of, at least or over a particular age.
14 Subsection 471.28(1) of the Criminal Code
15 Subsection 471.28(2) of the Criminal Code (heading)
Repeal heading and substitute with new text
16 After subsection 471.28(2) of the Criminal Code
Does not matter that the child is a fictitious person for an offence against section 471.25A
Does not matter for an offence against section 471.25A
Temporal interval of the rule does not overlap with the temporal interval of the exemption
The child is a fictitious person for an offence against section 471.25A
The rule diffuses to all cases where the child is a fictitious person
The rule recognizes the child as a fictitious person
The child is a fictitious person represented to the sender as a real person
17 Subsection 471.28(3) of the Criminal Code
18 Subsection 471.29(1) of the Criminal Code (heading)
Repeal and substitute a heading with a new belief condition.
19 Subsection 471.29(1) of the Criminal Code
20 After subsection 471.29(1) of the Criminal Code
Defence for prosecution under section 471.25A
21 Subsection 471.29(2) of the Criminal Code (heading)
Prohibition of procuring and grooming offences
22 Subsection 471.29(2) of the Criminal Code
23 Subsection 471.29(3) of the Criminal Code
Insertion of clause (1A) after section 471.29(1)
24 After section 474.23 of the Criminal Code
474 Section 474
474(1) Section 474
Creating, developing, altering or maintaining an electronic service is prohibited.
Prohibition of creating, developing, altering or maintaining an electronic service.
(a) the person engages in any of the following conduct:
Making available, advertising or promoting an electronic service is prohibited.
(iii) making available, advertising or promoting an electronic service;
Assisting in doing anything covered by a preceding subparagraph is prohibited.
(iv) assisting in doing anything covered by a preceding subparagraph;
474(2) Section 474
Exemptions from guilt for impossible or unfeasible actions
Granting permission to perform an action
The person may be found guilty of an offence against subsection (1)
Even if the action is impossible or unfeasible, the person can still be found guilty.
Describing the temporal relationship between actions
(i) at the time the person engages in the conduct mentioned in paragraph (1)(a); or (ii) at any other time.
The exemption applies if the action occurs at a different time.
The exemption applies until the action occurs.
Describing the relationship between actions and knowledge
(a) committing the offence against section 474.22 or 474.23 is impossible; or (b) the electronic service is incapable of being used as mentioned in paragraph (1)(b):
The exemption applies if the action is impossible or unfeasible.
474(3) Section 474
No attempt to commit an offence against subsection (1) is an offence.
(3) It is not an offence to attempt to commit an offence against subsection (1).
Attempt to commit an offence: Permissioned
Include attempts in non-offence classification
474(4) Section 474
25 Subsection 474.25A(1) of the Criminal Code (before the
Prohibits using a carriage service to see or hear a person under 16 engage in sexual activity.
26 Subsection 474.25A(2) of the Criminal Code (before the
Prohibits causing a person under 16 to engage in sexual activity that is seen or heard by another person using a carriage service.
27 Section 474.25B of the Criminal Code (heading)
Using a carriage service for sexual activity with a person under 16 years of age is prohibited.
28 Paragraph 474.25B(1)(a) of the Criminal Code
Insert '(the underlying offence)' after 'an offence'
29 Paragraph 474.25B(1)(b) of the Criminal Code
Repeal of paragraph 474.25B(1)(b) and substitution with new conditions.
30 After section 474.27 of the Criminal Code
Sending unsolicited sexual messages to minors is prohibited.
Prohibits sending unsolicited sexual messages to minors.
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with the sender; and (c) the child is someone who is, or who the sender believes to be, under 16 years of age;
(1) A person (the sender) commits an offence if:...
Sending a communication with the intention of making it easier to procure a child to engage in sexual activity is an offence.
Prohibits the sender from committing the offence.
(2) A person (the sender) commits an offence if...
...the sender does this with the intention of making it easier to procure a person (the child)...
Defines the temporal interval for the offence.
Defines the recurring trace for the offence.
Diffuses the obligation to the recipient.
31 Paragraph 474.28(1)(a) of the Criminal Code
Inserts section 474.27AA after section 474.25A.
32 Subsection 474.28(2) of the Criminal Code
33 Subsections 474.28(3) and (4) of the Criminal Code
Repeal subsections and substitute with new provisions
Belief of defendant's age is proof in absence of evidence to the contrary
34 Subsection 474.28(8) of the Criminal Code
35 Subsection 474.28(9) of the Criminal Code (heading)
Repeal a heading and substitute with 'Fictitious persons'
Imposes an obligation to repeal a heading
36 Subsection 474.28(9) of the Criminal Code
37 After subsection 474.28(9) of the Criminal Code
It does not matter that the child is a fictitious person represented to the sender as a real person for an offence against section 474.27AA.
38 Subsection 474.28(10) of the Criminal Code
39 Subsection 474.29(4) of the Criminal Code (heading)
Imposes prohibition on procuring and grooming offences
40 Subsection 474.29(4) of the Criminal Code
41 Subsection 474.29(5) of the Criminal Code (heading)
42 After subsection 474.29(5) of the Criminal Code
Defence for prosecution under section 474.27AA
43 Dictionary in the Criminal Code
Defines electronic service for Schedule 4
electronic service has the meaning given by subsection 474.23A(4)
subsection 474.23A(4) is related to subsection 474.23A(4)
Definition of electronic service for Schedule 4
44 Paragraph 474.23A(1)(b) of the Criminal Code
45 Paragraph 474.23A(2)(a) of the Criminal Code
46 Subsections 474.24(1), (3) and (4) of the Criminal Code
1 Subsection 272.8(1) of the Criminal Code (penalty)
2 Subsection 272.8(2) of the Criminal Code (penalty)
3 Subsection 272.9(1) of the Criminal Code (penalty)
4 Subsection 272.9(2) of the Criminal Code (penalty)
5 Subsection 272.10(1) of the Criminal Code (penalty)
6 Subsection 272.11(1) of the Criminal Code (penalty)
7 Subsection 272.15(1) of the Criminal Code (penalty)
Repeal of penalty and substitution with imprisonment for 15 years.
8 Subsection 272.18(1) of the Criminal Code (penalty)
9 Subsection 272.19(1) of the Criminal Code (penalty)
10 Subsection 273.7(1) of the Criminal Code (penalty)
11 Subsection 471.22(1) of the Criminal Code (penalty)
12 Subsection 471.25(1) of the Criminal Code (penalty)
13 Subsection 471.25(2) of the Criminal Code (penalty)
14 Subsection 471.26(1) of the Criminal Code (penalty)
15 Subsection 474.24A(1) of the Criminal Code (penalty)
Repeal of penalty and substitution with imprisonment for 30 years.
Imprisonment for 30 years is prohibited.
16 Subsection 474.25A(1) of the Criminal Code (penalty)
17 Subsection 474.25A(2) of the Criminal Code (penalty)
18 Subsection 474.25B(1) of the Criminal Code (penalty)
19 Subsection 474.27(1) of the Criminal Code (penalty)
20 Subsection 474.27(2) of the Criminal Code (penalty)
21 Subsection 474.27A(1) of the Criminal Code (penalty)
Repeal of penalty and substitution with imprisonment for 10 years.
1 At the end of subsection 16A(1)
Minimum penalties apply for certain offences
2 After section 16AA
If a person is convicted of an offence...
The court must impose a sentence of imprisonment
Specifies the minimum sentence for each offence
offence against subsection 272.8(1) of the Criminal Code 6 years...
The minimum sentence is at least 6 years
Establishes a causal relationship between the offence and the penalty
The court must impose a sentence of imprisonment based on the offence
Applies to all persons convicted of the specified offences
The minimum penalty applies to all persons convicted of the offence
Uses artificial intelligence to determine the minimum penalty
Minimum penalties for certain offences...
The system uses AI to determine the minimum penalty
3 Application provisions
Amendments apply in relation to conduct engaged on or after commencement.
4 Subsection 16(1) (definition of victim impact statement)
5 Section 16AAA
6 Paragraph 16A(2)(h)
Omit 'co-operated', substitute 'cooperated'.
7 Saving provision
Saving provision for instruments in force before commencement
8 Subsection 16AAB(2) (after table item 10)
9 Subsection 16AAB(2) (after table item 24)
Presumption against bail for an offence against subsection 474.22A(1) of the Criminal Code
Imposes a prohibition on bail for specified offence
1 After subsection 15AA(3)
Court must state reasons and record them.
Application provision for bail decisions made after Division commencement
3 Before subsection 15AA(3AAA)
4 After section 15AA
4(1) After section 15AA
Granting bail to certain individuals is prohibited.
4(2) After section 15AA
Presumption against bail for certain individuals
Grants prohibition on bail to the specified individuals
(2) In addition to any other matters, in determining whether the bail authority is satisfied that circumstances exist to grant bail to a person...
The bail authority must not grant bail to the person.
Grants prohibition on granting bail to individuals who would not comply with conditions
(f) if the person has pleaded guilty to the charge in respect of the offence or been convicted of the offence—whether the bail authority considers that the person would not be likely to undertake a rehabilitation program, or not be likely to comply with any bail conditions relating to rehabilitation or treatment, while released on bail.
The bail authority must not grant bail to the person if they would not comply with conditions.
4(3) After section 15AA
4(4) After section 15AA
Appeal against a decision of a bail authority to grant or refuse bail.
(4) Despite any law of the Commonwealth...
The Director of Public Prosecutions or the person may appeal...
4(5) After section 15AA
Appeal under subsection (4) may be made to a court with jurisdiction.
Permission to appeal under subsection (4)
4(6) After section 15AA
Presumption against bail if Director of Public Prosecutions appeals
(6) If a bail authority decides to grant bail...
Temporal overlap between Director's appeal and bail decision
(6) If: (a) a bail authority decides to grant bail...
Recurring trace of Director's appeal and bail decision
Director's appeal influences bail decision
Automated analysis of Director's appeal and bail decision
5 Application provisions
Amendment applies to decisions made on or after commencement regarding bail for persons charged with or convicted of certain offences.
Imposes a duty on the state to apply the amendment to decisions made on or after commencement.
1 Paragraph 16A(2)(g)
Repeal paragraph and substitute with new obligation
2 After paragraph 16A(2)(m)
Aggravating seriousness of criminal behaviour based on community standing used to aid in commission of offence.
Person's standing in the community was used by the person to aid in the commission of the offence.
Aggravating the seriousness of the criminal behaviour
Temporal overlap between community standing and commission of offence
The person's standing in the community was used by the person to aid in the commission of the offence.
Repeating pattern of community standing and commission of offence
Diffusion of community standing to commission of offence
The fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
Community standing used to aid in commission of offence
Recognition of community standing as a factor in aggravation
3 After subsection 16A(2)
Court must consider rehabilitation when passing sentence.
Sentence length should include time for rehabilitation program
In determining the length of any sentence or non-parole period—to include sufficient time for the person to undertake a rehabilitation program.
Rehabilitation program duration is necessary
Sentence should be long enough for rehabilitation
Rehabilitation is necessary for sentence duration
Rehabilitation implies longer sentence length
Longer sentence length is implied by rehabilitation
Rehabilitation is a relevant factor in sentencing
The court must have regard to the objective of rehabilitating the person
4 Subsection 16A(2A)
5 Subsection 16A(3)
Prohibits omitting specified subsections
6 Subsection 272.30(2) of the Criminal Code
Replace subsection 16A(2) with section 16A.
7 Application provision
Application provision for amendments made by this Schedule
1 Subsection 272.30(1) of the Criminal Code
Court must consider age and maturity of the person in relation to whom the offence was committed.
the court must take into account the following matters:
2 After subsection 272.30(1) of the Criminal Code
Court must consider only known matters in its decision.
Obligation to consider only known matters.
Court must take into account a matter mentioned in subsection (1) so far as the matter is known to the court.
The court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.
3 At the end of Subdivision C of Division 471 of the Criminal
471(1) Section 471
Court must consider certain factors when determining sentence for an offence.
(1) In determining the sentence to be passed, or the order to be made, respect of a person for an offence against this Subdivision,
Factors considered by court are related to time.
(b) if that person was under 10 when the offence was committed—that fact as a reason for aggravating the Schedule 9
Court must consider number of people involved in commission of offence.
(c) the number of people involved in the commission of the offence.
Court must consider seriousness of criminal behaviour.
seriousness of the criminal behaviour to which the offence relates;
471(2) Section 471
Court must consider only relevant information within its knowledge
Obligation to consider relevant information
471(3) Section 471
Court must consider additional matters beyond those mentioned in subsection (1)
4 At the end of Subdivision F of Division 474 of the Criminal
Court must consider age and maturity of the person in relation to whom the offence was committed when determining sentence.
(1) In determining the sentence to be passed, or the order to be made, respect of a person for an offence against this Subdivision, the court must take into account the following matters:
Age is a temporal interval relevant to determining sentence.
(a) the age and maturity of the person in relation to whom the offence was committed;
Maturity is a relevant factor in determining sentence.
(b) if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
Court must consider relevant information when making a decision.
Court has knowledge of relevant information
Relevant information is contained within the court's knowledge
Court must consider additional matters when determining sentence.
...additional sentencing factors for certain offences
Temporal relationship between consideration and additional factors
(3) The matters mentioned in subsection (1) are in addition to...
...any other matters the court must take into account
Relationship between consideration and additional factors
The matters mentioned in subsection (1) are in addition to...
Classification of additional factors as a separate consideration
Classification of additional factors as a separate consideration using AI
5 Application provision
Amendments apply to sentence determination after commencement
1 Before subsection 19(1)
2 At the end of section 19
2(5) At the end of section 19
No cumulative or concurrent serving of imprisonment for Commonwealth child sex offences.
Prohibits cumulative or concurrent serving of imprisonment.
(5) An order must not have the effect that a term of imprisonment imposed on a person for a Commonwealth child sex offence be served partly cumulatively, or concurrently, with an uncompleted term of imprisonment...
Defines the temporal trace for the prohibition.
Diffuses the prohibition to related concepts.
Justifies the prohibition through logical reasoning.
2(6) At the end of section 19
Court discretion to adjust sentence severity
(5) does not apply if the court is satisfied that imposing the sentence in a different manner would still result in sentences that are of a severity appropriate in all the circumstances.
Temporal interval: Court discretion to adjust sentence severity
(6) Subsection (5) does not apply if the court is satisfied that imposing the sentence in a different manner would still result in sentences that are of a severity appropriate in all the circumstances.
Recurring trace: Court discretion to adjust sentence severity
Diffusion: Court discretion to adjust sentence severity
CogAI: Court discretion to adjust sentence severity
2(7) At the end of section 19
Court must state reasons for imposing sentence
3 Application provision
1 Paragraph 20(1)(b)
Directs that a person be released upon giving security, with conditions depending on the nature of the offence.
2 Subsection 20(1A)
Omit ‘If’, substitute ‘Subject to subsection (1B), if’.
3 After subsection 20(1A)
Probation conditions for offenders convicted of Commonwealth child sex offences
Must provide conditions for probation supervision
The court must specify under paragraph (1)(b) the conditions that the person will, during the specified period...
The person must be subject to the supervision of a probation officer appointed in accordance with the order.
Probation supervision is a temporal interval
The supervision period is a temporal interval during which the person must comply with the conditions.
Probation supervision is an ordered trace
The supervision period is an ordered trace during which the person must comply with the conditions.
Must obey all reasonable directions of the probation officer
The person must obey all reasonable directions of the probation officer.
Must not travel interstate or overseas without written permission of the probation officer
The person must not travel interstate or overseas without the written permission of the probation officer.
4 Application and saving provisions
1 After subparagraph 20AB(1AA)(a)(vii)
2 Subsection 20BQ(3)
Insertion of a specific clause after subsection 20AB(1AA)(a)(viia)
1 Subsection 19AA(2)
2 Subsection 19AA(3)
Prescribed authority must have regard to parole time when revoking parole order or licence.
Prescribed authority has an obligation to consider parole time.
3 Subsection 19AG(5) (paragraph (ca) of the note)
4 Subsection 19APB(2)
Repeal subsection, substitute with new effect for parole order or licence revocation
The time the parole order or licence is taken to have been revoked under subsection 19AQ(1) or (2) is during the parole period or licence period
5 Section 19AQ
Repeal section and substitute with new content.
19AQ Parole order or licence revoked following further offence
19AQ(1) Parole order or licence revoked following further offence
Revocation of parole order following further offence
(1) If a person to whom a parole order relates is sentenced...
...the court that sentences the person for the new offence must determine...
Diffuses revocation time across parole period
19AQ(2) Parole order or licence revoked following further offence
Court must determine revocation time for licence.
Obligation to determine revocation time.
19AQ(3) Parole order or licence revoked following further offence
Determine revocation time for parole order or licence
(3) A revocation time determined under subsection (1) or (2)
Includes temporal intervals for revocation time
(b) the time at which the court determines the new offence was most likely to have been committed;
Defines order for revocation time intervals
(c) the time at which the court determines the new offence was most likely to have first begun to have been committed.
Must choose from three options for revocation time
19AQ(4) Parole order or licence revoked following further offence
Parole order or licence revoked following further offence
Imposes a duty on the State to revoke parole order or licence
19AQ(5) Parole order or licence revoked following further offence
6 Section 19AR (heading)
19AR Fixing of non-parole period etc. where parole or licence taken
Non-parole period may be revoked under section 19AQ
7 Subsections 19AR(1) and (2)
Court must not make a recognizance release order for certain individuals.
Court must not make a recognizance release order.
8 Subsection 19AR(3)
Court imposes new sentence or sentences.
Recognizance release order is prohibited.
9 Subsection 19AR(4)
A court may decline to fix a non-parole period if certain conditions are met.
Permission to decline fixing a non-parole period
on the day after the end of the federal sentence, or the last to be served of the federal sentences
Temporal relation between parole and sentencing
(b) the person is expected to be serving a State or Territory sentence on the specified date
as reduced by any remissions or reductions under section 19AA
Temporal relation between parole and sentencing with reduction
(b) the person is expected to be serving a State or Territory sentence on the specified date, as reduced by any remissions or reductions under section 19AA
Obligation to decline fixing a non-parole period if conditions are met
(a) the court is satisfied that doing so is appropriate, having regard to (i) the serious nature and circumstances of the offence or offences; (ii) the antecedents of the person
Permission for a court to decline fixing a non-parole period if conditions are met
10 Subsection 19AR(5)
Prohibits the omission of specific words.
11 Subsection 19AR(6)
Prohibits making recognizance release orders.
12 Subsection 19AR(6)
13 Subsection 19AR(7)
14 Subsection 19AR(7)
15 Subsection 19AS(1)
Court must issue warrant for detention if parole order is revoked and new sentence is imposed.
16 Subsection 19AS(2)
Modify paragraph (1)(c) to paragraph (1)(d)
17 Paragraphs 19AT(1)(a) and (b)
A person serving a federal sentence must be released on parole or licence under this Act.
Obligation to release a person on parole or licence.
18 Subsection 19AW(2)
Omit 'may issue a warrant', substitute 'must issue a warrant'.
19 Paragraph 19AW(3)(a)
Omit 'nature', substitute 'serious nature'
20 Subsection 20(6)
21 Application provisions
Amendments apply in relation to revocation of parole orders or licences.
Amendments apply if revocation occurs on or after commencement.
(revocation occurs on or after commencement)
1 Subsection 3(1)
Classifies the child sexual abuse offence into a specific category
List of Commonwealth child sexual abuse offences
State or Territory registrable child sex offence means an offence that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register.
Classifies the offence based on its relation to a child protection offender register.
The offence is committed by a person whose name is entered on a child protection offender register.
The offence is registrable if it meets this condition.
1 Review of sentencing for Commonwealth child sex
Review of sentencing for Commonwealth child sex offences
Mandatory review of sentencing provisions
(3) The person or persons undertaking the review must give the Attorney-General a written report of the review within 12 months after the end of the 3-year period.
(4) The Attorney-General must cause a copy of the report of the review to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Attorney-General.
Attorney-General's discretion in selecting reviewers
(2) The review must be undertaken by one or more persons who, in the Attorney-General’s opinion, possess appropriate qualifications to undertake the review.