Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 (Qld)

Queensland Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Act No. 14 of 2012

Queensland Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Contents Part 1 1 Part 2 2 3 Part 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Corrective Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 181A Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of PenaltiesandSentencesAct1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 160A (Application of ss 160B–160D) . . . . . . . . 5 Insertion of new pt 9B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 9B Repeat serious child sex offences 161D Meaning of serious child sex offence . . . . . . . . . . . . . 5 161E Mandatory sentence for repeat serious child sex offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 171 (Review—periodic) . . . . . . . . . . . . . . . . . . . 6 Insertion of new pt 14, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 3 Transitional provision for Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 223 Transitional provision for s 161E. . . . . . . . . . . . . . . . . 7 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Schedule 1A Serious child sex offences

Queensland Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Act No. 14 of 2012 An Act to amend the Corrective Services Act 2006 and the Penalties andSentences Act 1992 for particular purposes [Assented to 19 July 2012]

Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 . Part 2 Amendment of Corrective Services Act 2006 2 Act amended This part amends the Corrective Services Act 2006 . 3 Insertion of new s 181A After section 181— insert — ‘181A Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence ‘(1) This section applies to a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act1992 , section 161E for a repeat serious child sex offence. ‘(2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served 20 years and not 15 years as prescribed under section 181.’. Page 4 2012 Act No. 14

Part 3 Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 3 Amendment of Penalties and Sentences Act 1992 [s 4] Amendment of Penalties and Sentences Act 1992 4 Act amended This part amends the Penalties and Sentences Act 1992 . 5 Amendment of s 4 (Definitions) Section 4— insert— ‘ serious child sex offence see section 161D.’. 6 Amendment of s 160A (Application of ss 160B–160D) Section 160A(5)(a), before ‘182(2)(a)’— insert— ‘181A,’. 7 Insertion of new pt 9B After section 161C— insert— ‘Part 9B Repeat serious child sex offences ‘161D Meaning of serious child sex offence ‘A serious child sex offence is an offence against a provision mentioned in schedule 1A, or an offence that involved counselling or procuring the commission of an offence mentioned in schedule 1A, committed— (a) in relation to a child under 16 years; and 2012 Act No. 14 Page 5

Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 3 Amendment of Penalties and Sentences Act 1992 [s 8] (b) in circumstances in which an offender convicted of the offence would be liable to imprisonment for life. ‘161E Mandatory sentence for repeat serious child sex offence ‘(1) An offender is convicted of a repeat serious child sex offence if— (a) the offender is convicted of a serious child sex offence (the repeat offence ) committed by the offender when the offender was an adult; and (b) before the offender committed the repeat offence, the offender was convicted of another serious child sex offence committed by the offender when the offender was an adult. ‘(2) An offender who is convicted of a repeat serious child sex offence is liable to, despite any other penalty imposed by the CriminalCode, imprisonment for life, which can not be mitigated or varied under any law, or is liable to an indefinite sentence under part 10. ‘(3) For the indefinite sentence under part 10 mentioned in subsection (2), the sentence of imprisonment for life, which can not be mitigated or varied under any law, is— (a) the nominal sentence under section 163(2); and (b) the finite sentence under section 173(1)(b).’. 8 Amendment of s 171 (Review—periodic) Section 171— insert— ‘(4) A court that imposes an indefinite sentence for which the nominal sentence is, under section 161E(2), life imprisonment or a court of like jurisdiction must for the first time review the indefinite sentence within 6 months after the offender has served 20 years and not the 15 years or 50% of the nominal sentence as prescribed under a previous subsection.’. Page 6 2012 Act No. 14

Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 3 Amendment of Penalties and Sentences Act 1992 [s 9] 9 Insertion of new pt 14, div 3 Part 14, at the end— insert— ‘Division 3 Transitional provision for Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 ‘223 Transitional provision for s 161E ‘(1) For applying section 161E, it does not matter whether the previous offence was committed, or the offender was convicted of the previous offence, before or after the commencement. ‘(2) For a previous offence mentioned in subsection (1) as having been committed before the commencement, a reference in schedule 1A to the provision to which the offence relates is taken to be a reference to the provision as in force at any time before the commencement. ‘(3) This section applies despite the Acts Interpretation Act 1954 , section 20C(3) and the Criminal Code, section 11. ‘(4) In this section— commencement means the commencement of this section. previous offence , for applying section 161E, means an offence mentioned in section 161E(1)(b).’. 10 Insertion of new sch 1A After schedule 1— insert— ‘Schedule 1A Serious child sex offences section 161D 2012 Act No. 14 Page 7

Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 3 Amendment of Penalties and Sentences Act 1992 [s 10] Criminal Code Section 208 213 215 219 222 229B 349 352 Section heading or description of offence Unlawful sodomy Owner etc. permitting abuse of children on premises Carnal knowledge with or of children under 16 Taking child for immoral purposes Incest Maintaining a sexual relationship with a child Rape Sexual assaults Criminal Code (Provisions repealed by CriminalLaw Amendment Act 1997) Section 208 222 Section heading Unlawful anal intercourse Incest by man Page 8 2012 Act No. 14

Criminal Law (Two Strike Child Sex Offenders) Amendment Act 2012 Part 3 Amendment of Penalties and Sentences Act 1992 [s 10] Criminal Code (Provisions amended, renumbered or repealed by Criminal LawAmendment Act 2000) Section 215 337 347 Section heading Carnal knowledge of girls under 16 Sexual assaults Rape’. © State of Queensland 2012 2012 Act No. 14 Page 9