Criminal Code Amendment (Sexual Abuse Terminology) Act 2020
An Act to amend the Criminal Code Act 1924 and to consequentially amend other relevant legislation
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 .
This Act commences on the day on which this Act receives the Royal Assent.
This Act is repealed on the first anniversary of the day on which it commenced.
PART 2 - Criminal Code Act 1924 Amended
In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.
5. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:(a) by omitting from the heading to Chapter XIV of Part IV "Crimes Against Morality" and substituting "Sexual Crimes";(b) by omitting the charge from section 124(1) and substituting the following charge:Charge: Penetrative sexual abuse of a child [or young person].(c) by omitting the charge from section 125 and substituting the following charge:Charge: Permitting penetrative sexual abuse of a child [or young person] on premises.(d) by omitting the charge from section 125A(2) and substituting the following charge:Charge: Persistent sexual abuse of a child [or young person].(e) by omitting the charge from section 125B(1) and substituting the following charge:Charge: Indecent act with or directed at a child [or young person].(f) by omitting the charge from section 125C(2) and substituting the following charge:Charge: Procuring a child [or young person] for penetrative sexual abuse.(g) by omitting the charge from section 125C(3) and substituting the following charge:Charge: Procuring a child [or young person] for indecent act.(h) by omitting the charge from section 125D(1) and substituting the following charge:Charge: Grooming with intent to procure a child [or young person] for sexual abuse.(i) by omitting the charge from section 125D(3) and substituting the following charge:Charge: Grooming with intent to expose a child [or young person] to indecent material.(j) by omitting the charge from section 126(1) and substituting the following charge:Charge: Penetrative sexual abuse of a person with a mental impairment.(k) by omitting the charge from section 129 and substituting the following charge:Charge: Procuring a person for penetrative sexual abuse by threats [or fraud].(l) by omitting from section 136(1) "chapter XIV or XX " and substituting "chapter XIV, XIVA or XX";(m) by inserting the following heading after section 138 :Chapter XIVA – Human Remains(n) by omitting paragraphs (a) and (b) from section 335 and substituting the following paragraphs:(a) penetrative sexual abuse of a child [or young person];(b) penetrative sexual abuse of a person with a mental impairment;(o) by omitting from section 336 "of" first occurring and substituting "for penetrative sexual abuse of a child [or young person] or";(p) by omitting paragraph (a) from section 336 and substituting the following paragraph:(a) penetrative sexual abuse of a person with a mental impairment;(q) by omitting paragraphs (a) and (b) from section 337 and substituting the following paragraphs:(a) penetrative sexual abuse of a child [or young person];(b) penetrative sexual abuse of a person with a mental impairment;(r) by omitting paragraph (h) from section 337A(1) and substituting the following paragraph:(h) penetrative sexual abuse of a person with a mental impairment;(s) by inserting in section 337B(1) "persistent sexual abuse of a child [or young person] or" after "for";(t) by omitting paragraphs (c) and (d) from section 337B(1) and substituting the following paragraphs:(c) penetrative sexual abuse of a child [or young person];(d) penetrative sexual abuse of a person with a mental impairment;(u) by omitting from section 337B(1)(e) "young person under the age of 17 years" and substituting "child [or young person]";(v) by inserting the following section after section 463 :464. Transitional provisions on the commencement of the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020
(1) In this section –commencement day means the day on which the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 commences;relevant crime means a crime where the charge for the crime is amended by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 .(2) For the avoidance of doubt, the amendments to this Act made by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 –(a) are not intended to affect, or amend, the elements of a relevant crime as they exist on the commencement day; and(b) apply in relation to an offence, whether or not the offence was committed before, on or after the commencement day.(3) A charge for a relevant crime is to be amended, to refer to the charge as amended by the Criminal Code Amendment (Sexual Abuse Terminology) Act 2020 , at the next appearance of a person charged with the crime if –(a) the person was charged in respect of the crime by reference to the charge as in force for that crime before the commencement day; and(b) on, and after, the commencement day, proceedings in respect of the crime so charged have not been finally determined.(4) A reference in any Act to a charge in respect of a relevant crime is taken, on and after the commencement day, to include a reference to the charge –(a) as in force immediately before the commencement day; and(b) as in force on and after the commencement day.(w) by omittingfrom Appendix D and substituting the following items:
Section 124
Sexual intercourse with young person under the age of 17 years
Section 125A
Maintaining sexual relationship with young person under the age of 17 years
Section 125C(2)
Procuring unlawful sexual intercourse with person under the age of 17 years
Section 126
Sexual intercourse with person with mental impairment
Section 124
Penetrative sexual abuse of a child [or young person]
Section 125A
Persistent sexual abuse of a child [or young person]
Section 125C(2)
Procuring a child [or young person] for penetrative sexual abuse
Section 126
Penetrative sexual abuse of a person with a mental impairment
PART 3 - Community Protection (Offender Reporting) Act 2005 Amended
In this Part, the Community Protection (Offender Reporting) Act 2005 is referred to as the Principal Act.
7. Schedule 1 amended (Class 1 offences)
Schedule 1 to the Principal Act is amended as follows:(a) by omittingand substituting the following item:
Making a communication with intention of exposing a person under the age of 17 years to indecent material
Grooming with intent to expose a child [or young person] to indecent material
(b) by omittingand substituting the following item:
Charge – Indecency
Indecency
8. Schedule 2 amended (Class 2 offences)
Schedule 2 to the Principal Act is amended by omittingand substituting:
Unnatural crimes
Sexual intercourse with a young person under the age of 17 years
Permitting unlawful sexual intercourse with a young person on premises
Maintaining sexual relationship with young person under the age of 17 years
Indecent act with or directed at young person under the age of 17 years
Procuring indecent act by, or with, young person
Sexual intercourse with person with mental impairment
Bestiality
Penetrative sexual abuse of a child [or young person]
Permitting penetrative sexual abuse of a child [or young person] on premises
Persistent sexual abuse of a child [or young person]
Indecent act with or directed at a child [or young person]
Procuring a child [or young person] for indecent act
Penetrative sexual abuse of a person with a mental impairment
9. Schedule 3 amended (Class 3 offences)
Schedule 3 to the Principal Act is amended by omittingand substituting:
Procuring unlawful sexual intercourse with young person
Communicating with intent to procure a person under the age of 17 years to engage in an unlawful sexual act
Procuring a child [or young person] for penetrative sexual abuse
Grooming with intent to procure a child [or young person] for sexual abuse
PART 4 - Evidence Act 2001 Amended
In this Part, the Evidence Act 2001 is referred to as the Principal Act.
11. Section 194M amended (Evidence relating to sexual experience)
Section 194M(1) of the Principal Act is amended by omitting "Chapter XIV" and substituting "Chapter XIV, Chapter XIVA".
PART 5 - Youth Justice Act 1997 Amended
In this Part, the Youth Justice Act 1997 is referred to as the Principal Act.
13. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting "maintaining a sexual relationship with a young person under the age of 17 years" from paragraph (b)(iiia) of the definition of prescribed offence and substituting "persistent sexual abuse of a child [or young person]".
PART 6 - Sentencing Amendment (Phasing Out of Suspended Sentences) Act 2017 Amended
In this Part, the Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017 is referred to as the Principal Act.
15. Section 19 amended (Schedule 3 inserted)
Section 19 of the Principal Act is amended by omitting from Part 1 of Schedule 3 to be inserted by that sectionand substituting:
Sexual intercourse with a young person under the age of 17 years
Section 124(1)
Criminal Code Act 1924
Maintaining a sexual relationship with a young person under the age of 17 years
Section 125A(2)
Criminal Code Act 1924
Procuring unlawful sexual intercourse with young person
Section 125C(2)
Criminal Code Act 1924
Sexual intercourse with a person with a mental impairment
Section 126(1)
Criminal Code Act 1924
Penetrative sexual abuse of a child [or young person]
Section 124(1)
Criminal Code Act 1924
Persistent sexual abuse of a child [or young person]
Section 125A(2)
Criminal Code Act 1924
Procuring a child [or young person] for penetrative sexual abuse
Section 125C(2)
Criminal Code Act 1924
Penetrative sexual abuse of a person with a mental impairment
Section 126(1)
Criminal Code Act 1924
[Second reading presentation speech made in:
House of Assembly on 18 MARCH 2020
Legislative Council on 24 MARCH 2020]