Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023 (SA)

South Australia

Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023

An Act to amend the Criminal Law Consolidation Act 1935 and to make related amendments to the Child Sex Offenders Registration Act 2006 and the Sentencing Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023.

2Commencement

This Act comes into operation 14 days after the day on which it is assented to by the Governor.

Part 2Amendment of Criminal Law Consolidation Act 1935

3Amendment of section 50 – Unlawful sexual relationship with child

1. (1)

   Section 50, heading—delete "Unlawful sexual relationship with child" and substitute:

   Sexual abuse of a child

2. (2)

   Section 50—after subsection (13) insert:

   1. (14)

      The heading of this section—

      1. (a)

         is not part of this section (despite section 19 of the Legislation Interpretation Act 2021); and

      2. (b)

         is not intended to affect the interpretation or operation of this section.

         Note—

         Parliament, in amending the heading of this section by the Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023, did not intend to change the nature or scope of this offence or the requirements for establishing an offence against this section.

Schedule 1—Related amendments

Part 1—Amendment of Child Sex Offenders Registration Act 2006

1—Amendment of Schedule 1—Class 1 and 2 offences

Schedule 1, clause 2(ea)—delete "persistent"

Part 2—Amendment of Sentencing Act 2017

2—Amendment of section 81—Intensive correction orders

Section 81(5), definition of serious sexual offence, (a)(iv)—delete "persistent"