Criminal Proceedings Legislation Amendment Act 2011 (ACT)

Criminal Proceedings Legislation Amendment Act 2011

A2011-20

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

Part 2Crimes Act 1900

1. Act of indecency without consent

   
   

   Section 60 (1)  3

2. Section 60 (2)  3

3. Possessing child pornography

   
   

   Section 65 (1), penalty  3

4. Using the internet etc to deprave young people

   
   

   Section 66 (1), penalty, paragraph (a)  3

5. Section 66 (2), penalty  4

6. Section 66 (6), definition of pornographic material  4

Part 3Supreme Court Act 1933

1. Section 68B  5

2. Definitions—pt 8A

   
   

   Section 69A, definitions of ACT court and corresponding court              6

3. Section 69H  6

4. New schedule 2  7

5. Schedule 2 heading  9

Schedule 1Consequential amendment  10

Part 1.1Court Procedures Rules 2006  10

Criminal Proceedings Legislation Amendment Act 2011

A2011-20

An Act to amend legislation about criminal proceedings, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Criminal Proceedings Legislation Amendment Act 2011.

2. Commencement

   This Act commences on the day after its notification day.

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

3. Legislation amended

   This Act amends the following legislation:

   ·     Crimes Act 1900

   ·     Supreme Court Act 1933.

   NoteThis Act also amends other legislation (see sch 1).

Part 2Crimes Act 1900

1. Act of indecency without consent
   Section 60 (1)

   omit

   5 years

   substitute

   7 years

2. Section 60 (2)

   omit

   7 years

   substitute

   9 years

3. Possessing child pornography
   Section 65 (1), penalty

   substitute

   Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

4. Using the internet etc to deprave young people
   Section 66 (1), penalty, paragraph (a)

   omit

   5 years

   substitute

   7 years

5. Section 66 (2), penalty

   substitute

   Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

6. Section 66 (6), definition of pornographic material

   substitute

   pornographic material means—

   (a)material of a sexual nature that has been, or is likely to be, classified R 18+, RC, category 1 restricted or category 2 restricted; or

   (b)material that has been, or is likely to be, classified X 18+.

Part 3Supreme Court Act 1933

1. Section 68B

   substitute

68BTrial by judge alone in certain criminal proceedings

(1)A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—

(a)the person elects in writing to be tried by a judge alone; and

(b)the person produces a certificate signed by a legal practitioner stating that—

(i)the legal practitioner has advised the person in relation to the election; and

(ii)the person has made the election freely; and

(c)the election and certificate are filed in the court before—

(i)the court first allocates a date for the person’s trial; and

(ii)the person, or the person’s legal representative, knows the trial judge’s identity; and

(d)if there is more than 1 accused person in the proceeding—

(i)each other accused person also elects to be tried by a judge alone; and