Attorney General Regulations Amendment (High Risk Serious Offenders) Regulations 2020 (WA)

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4 December 2020 GOVERNMENT GAZETTE, WA 4409

JUSTICE

JU3O1

Criminal Procedure Act 2004

High Risk Serious Offenders Act 2020

Attorney General Regulations Amendment

(High Risk Serious Offenders) Regulations 2020

SL 2020/236

Made by the Governor in Executive Council.

Part 1 - Preliminary

1.           Citation

These regulations are the Attorney General Regulations
Amendment (High Risk Serious Offenders) Regulations 2020.

2.           Commencement

These regulations come into operation as follows -

(a)

Part 1 - on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations - on the day after that day.

Part 2— Criminal Procedure Regulations 2005

amended

3. Regulations amended
This Part amends the Criminal Procedure Regulations 2005.
4. Regulation 32 amended
In regulation 32:
Note: The heading to amended regulation 32 is to read: Application under High Risk Serious Offenders Act 2020 s. 51
(a) delete "Dangerous Sexual Offenders Act 2006 section 21" and insert:

High Risk Serious Offenders Act 2020 section 51

(b) delete "warrant or a summons." and insert:

warrant.

.1110 GOVERNMENT GAZETTE, WA 4 December 2020

Part 3 -High Risk Serious Offenders Regulations 2020

amended

5.     Regulations amended

This Part amends the High Risk Serious Offenders
Regulations 2020.

6.      Regulation 4 inserted

After regulation 3 insert:

4.       Serious offences (s. 5)

Each offence specified in the Table is prescribed for the purposes of section 5(5) to be a serious offence.

Table

Item Provision Description of offence

Offences under The Criminal Code set out in the Schedule to the

Criminal Code Act 1995 (Commonwealth)

1. s.272.15 "Grooming" child to engage in sexual
activity outside Australia
2. s. 272.15A "Grooming" person to make it easier to
engage in sexual activity with a child
outside Australia
3. s. 273A. 1 Possession of child-like sex dolls etc.
4. s. 474.19 (as Using a carriage service for child
in force pornography material
immediately
before

21 September

2019)

5. s.474.22 Using a carriage service for child abuse
material

6.

s. 474.22A

Possessing or controlling child abuse material obtained or accessed using a carriage service

7. s. 474.23 A Conduct for the purposes of electronic
service used for child abuse material
8. s. 474.24A
Aggravated offence - offence involving
conduct on 3 or more occasions and 2 or
more people
4 December 2020 GOVERNMENT GAZETTE, WA 4411
Item Provision Description of offence
9. s. 474.25B Aggravated offence — using a carriage
service for sexual activity with person
under 16 years of age
10. s. 474.25C Using a carriage service to prepare or plan
to cause harm to, engage in sexual activity
with, or procure for sexual activity,
persons under 16
11. s. 474.26 Using a carriage service to procure persons
under 16 years of age
12. s. 474.27 Using a carriage service to "groom"
persons under 16 years of age
13. s. 474.27AA Using a carriage service to "groom"
another person to make it easier to procure
persons under 16 years of age
14. s. 474.27A Using a carriage service to transmit
indecent communication to person under
16 years of age
V. MOLAN, Clerk of the Executive Council.
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