Schedule 1, s 3

An offence against any of the following sections of the Crimes Act 1958—

In force

(a)

section 25 (setting traps etc. to kill);

(b)

section 32(1) (offence to perform female genital mutilation on a child);

(c)

section 38(1) (rape);

(d)

section 39(1) (rape by compelling sexual penetration);

(e)

section 49A(1) (sexual penetration of a child under the age of 12);

(f)

section 49B(1) (sexual penetration of a child under the age of 16);

(g)

section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority);

(h)

section 49D(1) (sexual assault of a child under the age of 16);

(i)

section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority);

(j)

section 49F(1) (sexual activity in the presence of a child under the age of 16);

(k)

section 49G(1) (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority);

(l)

section 49H(1) (causing a child under the age of 16 to be present during sexual activity);

(m)

section 49I(1) (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity);

(n)

section 49J(1) (persistent sexual abuse of a child under the age of 16);

(o)

section 49K(1) (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity);

(p)

section 49L(1) (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity);

(q)

section 49M(1) (grooming for sexual conduct with a child under the age of 16);

(r)

section 49P(1) (abduction or detention of a child under the age of 16 for a sexual purpose);

(s)

section 49Q(1) (causing or allowing a sexual performance involving a child);

(t)

section 49R(1) (inviting or offering a sexual performance involving a child);

(u)

section 49S(1) (facilitating a sexual offence against a child);

(v)

section 53E(1) (aggravated sexual servitude);

(w)

section 53G(1) (aggravated deceptive recruiting for commercial sexual services);

Sch. 1 cl. 3(wa) inserted by No. 7/2022 s. 82(1).

(wa)

section 53H (causing or inducing a child to take part in commercial sexual services);

Sch. 1 cl. 3(wb) inserted by No. 7/2022 s. 82(1).

(wb)

section 53I (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);

Sch. 1 cl. 3(wc) inserted by No. 7/2022 s. 82(1).

(wc)

section 53J (agreement for provision of commercial sexual services by a child);

Sch. 1 cl. 3(wd) inserted by No. 7/2022 s. 82(1).

(wd)

section 53K (allowing a child to take part in commercial sexual services);

(x)

section 54A(1) (bestiality).

4 An offence against any of the following sections of the Crimes Act 1958 in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 15A(1) (causing serious injury intentionally in circumstances of gross violence);

(b)

section 15B(1) (causing serious injury recklessly in circumstances of gross violence);

(c)

section 16 (causing serious injury intentionally);

(d)

section 17 (causing serious injury recklessly);

(e)

section 18 (causing injury intentionally or recklessly);

(f)

section 26 (setting traps etc. to cause serious injury);

(g)

section 31(1)(a) (assault or threaten to assault with intent to commit indictable offence);

(h)

section 32(2) (offence to perform genital mutilation);

(i)

section 33(1) (offence to take a person from the State with the intention of having prohibited female genital mutilation performed);

(j)

section 41(1) (sexual assault by compelling sexual touching);

(k)

section 42(1) (assault with intent to commit a sexual offence);

(l)

section 43(1) (threat to commit a sexual offence);

(m)

section 46(1) (administration of an intoxicating substance for a sexual purpose);

(n)

section 47(1) (abduction or detention for a sexual purpose);

(o)

section 48(1) (sexual activity directed at another person);

(p)

section 50C(1) (sexual penetration of a child or lineal descendant);

(q)

section 50D(1) (sexual penetration of a step‑child);

(r)

section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);

(s)

section 50F(1) (sexual penetration of a sibling or half-sibling);

(t)

section 52B(1) (sexual penetration of a person with a cognitive impairment or mental illness);

(u)

section 52C(1) (sexual assault of a person with a cognitive impairment or mental illness);

(v)

section 52D(1) (sexual activity in the presence of a person with a cognitive impairment or mental illness);

(w)

section 52E(1) (causing a person with a cognitive impairment or mental illness to be present during sexual activity).

(x)

section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);

(y)

section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);

(z)

section 53D(1) (conducting a business in circumstances involving sexual servitude);

Sch. 1 cl. 4(za) amended by No. 7/2022 s. 82(2)(a).

(za)

section 53F(1) (deceptive recruiting for commercial sexual services);

Sch. 1 cl. 4(zb) inserted by No. 7/2022 s. 82(2)(b).

(zb)

section 53L (forcing a person into or to remain in commercial sexual service);

Sch. 1 cl. 4(zc) inserted by No. 7/2022 s. 82(2)(b).

(zc)

section 53M (forcing a person to provide financial support out of commercial sexual services);

Sch. 1 cl. 4(zd) inserted by No. 7/2022 s. 82(2)(b).

(zd)

section 53N (living on the earnings of a person providing unlawful commercial sexual services).

5 An offence against any of the following sections of the Crimes Act 1958 in circumstances where the person against whom the offence is committed is a child—

(a)

section 44(1) (procuring sexual act by threat);

(b)

section 45(1) (procuring sexual act by fraud).

6 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980—

(a)

section 44(1) (rape);

(b)

section 44(2) (rape with mitigating circumstances);

(c)

section 46 (unlawfully and carnally knowing and abusing a girl under the age of 10);

(d)

section 47 (assault with intent to unlawfully and carnally know girl under the age of 10);

(e)

section 47 (attempting to unlawfully and carnally know girl under the age of 10);

(f)

section 48(2) (assault with intent to unlawfully and carnally know girl aged between 10 and 16).

7 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 52(1) (unlawfully and carnally knowing woman or girl aged 10 or above who is daughter, lineal descendant or step‑daughter);

(b)

section 52(2) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is daughter, step-daughter or lineal descendant);

(c)

section 52(2) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is daughter, step‑daughter or lineal descendant);

(d)

section 52(3) (unlawfully and carnally knowing woman or girl aged 10 or above who is sister or mother);

(e)

section 52(4) (attempting to unlawfully and carnally know woman or girl aged 10 or above who is sister or mother);

(f)

section 52(4) (assault with intent to unlawfully and carnally know woman or girl aged 10 or above who is sister or mother);

(g)

section 54(1) (carnal knowledge of female mentally ill or intellectually defective person);

(h)

section 54(1) (attempted carnal knowledge of female mentally ill or intellectually defective person);

(i)

section 54(1) (assault with intent to carnally know female mentally ill or intellectually defective person);

(j)

section 58 (owner or occupier of premises induces or knowingly suffers any girl to be on premises to be unlawfully and carnally known by any man);

(k)

section 62 (forcible abduction of woman with intent to marry or carnally know, or to be married or carnally known).

8 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 55(1) (unlawfully and indecently assault woman or girl) (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is a vulnerable person.

9 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 5 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is a child—

(a)

section 53(1) (adult female permitting carnal knowledge by father, lineal ancestor, step‑father, brother or son);

(b)

section 57(1) (procuring defilement of girl by threats or fraud);

(c)

section 57(1) (attempting to procure defilement of girl by threats or fraud).

10 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 6 of the Crimes (Sexual Offences) Act 1980, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 68(1) (buggery with any person under the age of 14 years);

(b)

section 68(1) (buggery with violence);

(c)

section 68(3) (assault with intent to commit buggery);

(d)

section 69(1)(b) (inciting, procuring or attempting to procure girl under the age of 16 for act of gross indecency).

11 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 6 of the Crimes (Sexual Offences) Act 1980—

(a)

section 68(2) (buggery with any animal);

(b)

section 68(3) (attempting buggery with any animal).

12 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, repealed by section 8(2) of the Crimes (Amendment) Act 1985, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 17 (intentionally causing grievous bodily harm or shooting etc. with intention to do grievous bodily harm);

(b)

section 19 (unlawfully and maliciously wounding or inflicting grievous bodily harm);

(c)

section 23 (unlawfully and maliciously administering poison with intent to injure);

(d)

section 37 (assault occasioning actual bodily harm);

(e)

section 37 (common assault).

13 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991—

(a)

section 45(1) (rape);

(b)

section 45(2) (attempted rape);

(c)

section 45(3) (aggravated rape);

(d)

section 45(4) (attempted rape with aggravating circumstances);

(e)

section 45(4) (assault with intent to commit rape with aggravating circumstances);

(f)

section 47(1) (sexual penetration of child under the age of 10);

(g)

section 47(2) (assault with intent to sexually penetrate child under the age of 10);

(h)

section 49(2) (assault person aged 16 or 17 with intent to take part in sexual penetration);

(i)

section 49(3) (assault person aged 16 or 17 under care, supervision or authority with intent to take part in sexual penetration);

(j)

section 58(1) (bestiality);

(k)

section 58(2) (attempting to commit bestiality).

14 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 44(1) (indecent assault);

(b)

section 44(2) (indecent assault with aggravated circumstances);

(c)

section 51(2)(a) (take part in act of sexual penetration with mentally ill or intellectually defective person);

(d)

section 51(2)(a) (attempt to take part in act of sexual penetration with mentally ill or intellectually defective person);

(e)

section 51(2)(b) (assault with intent to take part in act of sexual penetration with mentally ill or intellectually defective person);

(f)

section 52(1) (sexual penetration of person aged 10 years or above who is child, lineal descendant or step-child);

(g)

section 52(2) (attempted sexual penetration of person aged 10 years or above who is child, lineal descendant or step-child);

(h)

section 52(2) (assault with intent to sexually penetrate person aged 10 years or above who is child, lineal descendant or step-child);

(i)

section 52(4) (sexual penetration of person aged 10 years or above who is sibling or half-sibling);

(j)

section 52(5) (attempted sexual penetration of person aged 10 years or above who is sibling or half-sibling);

(k)

section 52(5) (assault with intent to sexually penetrate person aged 10 years or above who is sibling or half-sibling);

(l)

section 54(1)(b) (procuring sexual penetration by false representation or pretence);

(m)

section 54(1)(b) (attempting to procure sexual penetration outside marriage by false representation or pretence);

(n)

section 55(1)(a) (administration of drugs etc.);

(o)

section 56(b) (taking away by force or detaining person with intent to take part in sexual penetration).

15 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991, in circumstances where the person against whom the offence is committed is a child—

(a)

section 54(1)(a) (procuring person by threats or intimidation);

(b)

section 54(1)(a) (attempting to procure person by threats or intimidation).

16 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 3 of the Crimes (Rape) Act 1991—

(a)

section 40 (rape);

(b)

section 41 (rape with aggravating circumstances).

17 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 42 (indecent assault) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 3 of the Crimes (Rape) Act 1991, in circumstances where the person against whom the offence is committed is a vulnerable person.

18 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 43 (indecent assault with aggravating circumstances) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 3 of the Crimes (Rape) Act 1991, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

19 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000.

20 An offence against section 49(1) (indecent act with 16 year old child under care, supervision or authority) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 13 of the Crimes (Sexual Offences) Act 2006.

21 An offence against section 52(1) (sexual penetration of resident of residential facility) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 17(2) of the Crimes (Sexual Offences) Act 2006, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

22 An offence against section 52(2) (indecent act with resident of residential facility) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 17(3) of the Crimes (Sexual Offences) Act 2006, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

23 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by section 58 (procuring sexual penetration of child under the age of 16) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 18 of the Crimes (Sexual Offences) Act 2006.

24 An offence against section 60(1) (soliciting acts of sexual penetration or indecent acts) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 19 of the Crimes (Sexual Offences) Act 2006.

25 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016—

(a)

section 47A(1) (sexual relationship with child under the age of 16 under care, supervision or authority);

(b)

section 48(1) (sexual penetration of 16 or 17 year old child under care, supervision or authority);

(c)

section 54 (occupier etc. permitting unlawful sexual penetration of a child under the age of 17);

(d)

section 56(1) (abduction of child under the age of 16);

(e)

section 56(2) (abduction of child under the age of 16);

(f)

section 59(1) (bestiality).

26 An offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 44(1) (incest with child lineal descendant or step-child);

(b)

section 44(2) (incest with child, lineal descendant or step-child of de facto spouse);

(c)

section 44(4) (incest with sibling or half‑sibling);

(d)

section 51(1) (sexual penetration of person with impaired mental functioning);

(e)

section 51(2) (indecent act with person with impaired mental functioning);

(f)

section 53(1) (administration of drugs etc.);

(g)

section 55 (abduction or detention).

27 An offence against section 40(1) (assault with intent to rape) (as amended) of the Crimes Act 1958, inserted by section 20 of the Sentencing (Amendment) Act 1993 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.

28 An offence against section 60A(1) (sexual offence while armed with an offensive weapon) (as amended) of the Crimes Act 1958, inserted by section 21 of the Sentencing (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

29 An offence against section 49A(1) (facilitating sexual offences against children) (as amended) of the Crimes Act 1958, inserted by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

30 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 3 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 60AB(2) (sexual servitude);

(b)

section 60AB(3) (sexual servitude);

(c)

section 60AB(4) (sexual servitude);

(d)

section 60AC(1) (aggravated sexual servitude);

(e)

section 60AD(1) (deceptive recruiting for commercial sexual services);

(f)

section 60AE(1) (aggravated deceptive recruiting for commercial sexual services).

31 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 7 of the Justice Legislation (Sexual Offences and Bail) Act 2004 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016—

(a)

section 70AC(a) (inviting minor to be concerned in sexual performance);

(b)

section 70AC(d) (offering minor to be concerned in sexual performance).

32 An offence against section 38A (compelling sexual penetration) (as amended) of the Crimes Act 1958, inserted by section 7 of the Crimes (Sexual Offences) Act 2006 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

33 An offence against section 49(1) (indecent act with 16 or 17 year old child) (as amended) of the Crimes Act 1958, inserted by section 13 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

34 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person—

(a)

section 51(1) (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services);

(b)

section 51(2) (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services).

35 An offence against section 52(1) (sexual offences against persons with a cognitive impairment by providers of special programs) (as amended) of the Crimes Act 1958, inserted by section 17(2) of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

36 An offence against section 52(2) (sexual offences against persons with a cognitive impairment by providers of special programs) (as amended) of the Crimes Act 1958, inserted by section 17(3) of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016, in circumstances where the person against whom the offence is committed is a child or a vulnerable person.

37 An offence against any of the following sections (as amended) of the Crimes Act 1958, inserted by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016—

(a)

section 58(1) (procuring sexual penetration of a child);

(b)

section 58(2) (procuring sexual penetration of a child).

38 An offence against section 49B(2) (grooming for sexual conduct with child under the age of 16 years) (as amended) of the Crimes Act 1958, inserted by section 3 of the Crimes Amendment (Grooming) Act 2014 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

39 An offence against section 70(1) (possession of child pornography) (as amended) of the Crimes Act 1958, inserted by section 88 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and repealed by section 6 of the Crimes (Amendment) Act 2000.

40 An offence against section 58(1) (publication or transmission of certain material to minors) (as amended) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.

41 An offence against section 60A(1) (possession of child pornography) (as amended) of the Classification of Films and Publications Act 1990, inserted by section 3 of the Classification of Films and Publications (Amendment) Act 1992.

42 An offence against section 45 (procurement of child for objectionable film) (as amended) of the Classification of Films and Publications Act 1990.

This Act’s bill:Explanatory memorandum Second reading speech

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