Criminal Proceedings Legislation Amendment Act 2011 (ACT)

Case

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

(ii)each other accused person’s election is made in relation to all offences for which that person is to be tried in the proceeding; and

(iii)none of the offences for which any other accused person is to be tried is an excluded offence.

(2)An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.

(3)If an accused person makes and then withdraws an election, the person may not make another election.

(4)In this section:

excluded offence means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.

  1. Definitions—pt 8A
    Section 69A, definitions of ACT court and corresponding court

    omit

    schedule 2

    substitute

    schedule 3

  2. Section 69H

    substitute

69HAmendment of sch 3

A regulation may amend schedule 3.

  1. New schedule 2

    insert

Schedule 2Trial by judge alone—excluded offences

(see s 68B (4))

Part 2.1Definitions—sch 2

2.1Definitions—sch 2

In this schedule:

Crimes Act means the Crimes Act 1900.

Prostitution Act means the Prostitution Act 1992.

Radiation Act means the Radiation Protection Act 2006.

NoteA reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, pt 2.4 (Extensions of criminal responsibility) and s 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).

Part 2.2Excluded offences

column 1

item

column 2

legislation

column 3

provision and case (if any)

column 4

description
1 Crimes Act 12 murder
2 Crimes Act 15 manslaughter
3 Crimes Act 17 suicide—aiding etc
4 Crimes Act 29 (2) or (3) culpable driving of motor vehicle causing death
5 Crimes Act 42 child destruction
6 Crimes Act 49C industrial manslaughter—employer offence
7 Crimes Act 49D industrial manslaughter—senior officer offence
8 Crimes Act 51 sexual assault in the first degree
9 Crimes Act 52 sexual assault in the second degree
10 Crimes Act 53 sexual assault in the third degree
11 Crimes Act 54 sexual intercourse without consent
12 Crimes Act 55 sexual intercourse with young person
13 Crimes Act 56 maintaining sexual relationship with young person
14 Crimes Act 57 act of indecency in the first degree
15 Crimes Act 58 act of indecency in the second degree
16 Crimes Act 59 act of indecency in the third degree
17 Crimes Act 60 act of indecency without consent
18 Crimes Act 61 acts of indecency with young people
19 Crimes Act 62 incest and similar offences
20 Crimes Act 63 abduction (for sexual purposes)
21 Crimes Act 63A bestiality
22 Crimes Act 64 using child for production of child pornography etc
23 Crimes Act 64A trading in child pornography
24 Crimes Act 65 possessing child pornography
25 Crimes Act 66 using the internet etc to deprave young people
26 Crimes Act 74 prohibition of female genital mutilation
27 Crimes Act 75 removal of child from ACT for genital mutilation
28 Crimes Act 79 sexual servitude offences
29 Crimes Act 80 deceptive recruiting for sexual services
30 Prostitution Act 20 causing child to provide commercial sexual services etc
31 Prostitution Act 21 receiving proceeds of child prostitution
32 Radiation Act 55, if failure causes death failure to comply with safety duty causing death

  1. Schedule 2 heading

    substitute

Schedule 3ACT and corresponding courts


Schedule 1Consequential amendment

(see s 3)

Part 1.1Court Procedures Rules 2006

[1.1]Rule 4733 (b), note 1

substitute

Note 1See the Supreme Court Act 1933, s 68B (Trial by judge alone in certain criminal proceedings).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 17 February 2011.

  2. Notification

    Notified under the Legislation Act on 6 July 2011.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Criminal Proceedings Legislation Amendment Bill 2011, which was passed by the Legislative Assembly on 23 June 2011.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2011

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