Crimes Legislation Amendment Act 2004 (ACT)

Crimes Legislation Amendment Act 2004

A2004-30

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Crimes Act 1900

1. Legislation amended—pt 2  3

2. Offences against the Act—application of Criminal Code etc

   
   

   Section 7A, note 1, new dot points  3

3. Sections 64 and 65  3

Part 3Prostitution Act 1992

1. Legislation amended—pt 3  6

2. Section 3A, note 1  6

3. Participation of children

   
   

   Section 20  6

4. Dictionary, definition of commercial sexual services  7

Crimes Legislation Amendment Act 2004

A2004-30

An Act to amend the Crimes Act 1900 and the Prostitution Act 1992

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Crimes Legislation Amendment Act 2004.

2. Commencement

   (1)This Act (other than section 7) commences on the day after its notification day.

   (2)Section 7 commences on the commencement of the Nurse Practitioners Legislation Amendment Act 2004, section 22.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2Crimes Act 1900

1. Legislation amended—pt 2

   This part amends the Crimes Act 1900.

2. Offences against the Act—application of Criminal Code etc
   Section 7A, note 1, new dot points

   insert

   ·section 64 (Using child for production of child pornography etc)

   ·section 64A (Trading in child pornography)

   ·section 65 (Possessing child pornography)

3. Sections 64 and 65

   substitute

4. Using child for production of child pornography etc

   (1)A person commits an offence if—

   (a)the person uses, offers or procures a child—

   (i)for the production of child pornography; or

   (ii)for a pornographic performance; and

   (b)the child is under 12 years old.

   Maximum penalty:  1 500 penalty units, imprisonment for 15 years or both.

   (2)Absolute liability applies to subsection (1) (b).

   (3)A person commits an offence if—

   (a)the person uses, offers or procures a child—

   (i)for the production of child pornography; or

   (ii)for a pornographic performance; and

   (b)the child is 12 years old or older.

   Maximum penalty:  1 000 penalty units, imprisonment for 10 years or both.

   (4)Strict liability applies to subsection (3) (b).

   (5)In this section:

   child pornography means anything that represents—

   (a)the sexual parts of a child; or

   (b)a child engaged in an activity of a sexual nature; or

   (c)someone else engaged in an activity of a sexual nature in the presence of a child;

   substantially for the sexual arousal or sexual gratification of someone other than the child.

   pornographic performance means—

   (a)a performance by a child engaged in an activity of a sexual nature; or

   (b)a performance by someone else engaged in an activity of a sexual nature in the presence of a child;

   substantially for the sexual arousal or sexual gratification of someone other than the child.

   Examples of activity of a sexual nature

   1     sexual intercourse or other explicit sexual activity (whether real or simulated)

   2     a striptease

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act,…