Criminal Code Amendment (Protecting Minors Online) Act 2017

No. 50, 2017

An Act to amend the Criminal Code Act 1995, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Main amendments 3

Criminal Code Act 1995 3

Schedule 2—Other amendments 4

Crimes Act 1914 4

Telecommunications (Interception and Access) Act 1979 4

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 22 June 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Criminal Code Amendment (Protecting Minors Online) Act 2017.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 23 June 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Main amendments

Criminal Code Act 1995

 1 Subdivision F of Division 474 of the Criminal Code (heading)

Repeal the heading, substitute:

Subdivision F—Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16

 2 After section 474.25B of the Criminal Code

Insert:

Penalty: Imprisonment for 10 years.

Example: A person misrepresents their age online as part of a plan to cause harm to another person under 16 years of age.

 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16

A person (the first person) commits an offence if:

 a

the first person does any act in preparation for doing, or planning to do, any of the following:

 i

causing harm to a person under 16 years of age;

 ii

engaging in sexual activity with a person under 16 years of age;

 iii

procuring a person under 16 years of age to engage in sexual activity; and

 b

the first person is at least 18 years of age; and

 c

the act is done using a carriage service.

 Other amendments

Crimes Act 1914

 1 Subsection 3(1) (subparagraph (a)(iv) of the definition of Commonwealth child sex offence)

Omit “and sexual activity involving children”, substitute “, sexual activity involving children and harm to children”.

 2 Paragraph 15Y(1)(cba)

After “sexual activity with”, insert “, or harm to,”.

Telecommunications (Interception and Access) Act 1979

 3 Subsection 5D(3B) (heading)

Repeal the heading, substitute:

Sexual offences against children and offences involving child pornography or harm to children

[Minister’s second reading speech made in—

House of Representatives on 30 March 2017

Senate on 14 June 2017]

(74/17)