Authorised by the Chief Parliamentary Counsel

Authorised Version

i

Crimes Amendment (Child Pornography and Other Matters) Act 2015

No. 42 of 2015

TABLE OF PROVISIONS Section Page

Part 1—Preliminary 1

1 Purposes 1 2 Commencement 2

Part 2—Amendment of Crimes Act 1958 3 3 Definitions 3 4 Possession of child pornography 4 5 Amendment of heading to section 70AAA 4 6 New sections 70AAAB, 70AAAC, 70AAAD and 70AAAE

inserted 5 7 Forfeiture 13 8 Issue of search warrant by magistrate 13 9 New section 465AAA inserted 13 10 Power to require assistance from person with knowledge of a

computer or computer network 16 11 New section 628 inserted 17

Part 3—Amendment of Criminal Procedure Act 2009 18 12 Definitions 18 13 Accused may make request for material etc. not provided 18 14 New section 43A inserted 18 15 Grounds on which informant may refuse disclosure 19 16 Accused may apply for order requiring disclosure 19 17 Inspection of exhibits 20 18 Compliance with request to copy or inspect items or disclose

previous convictions of witness 20 19 Committal mention hearing 20 20 Continuing obligation of disclosure 20 21 New section 185A inserted 21 22 Application of Division 5 of Part 8.2 21 23 New section 446 inserted 22

Part 4—Amendment of other Acts 23 24 Confiscation Act 1997 23 25 Education and Training Reform Act 2006 23

Section Page

ii

Authorised by the Chief Parliamentary Counsel

26 Sentencing Act 1991 23 27 Serious Sex Offenders (Detention and Supervision) Act 2009 24 28 Sex Offenders Registration Act 2004 24 29 Victoria Police Act 2013 25 30 Working with Children Act 2005 25

Part 5—Repeal of amending Act 26

31 Repeal of amending Act 26 ═══════════════

Endnotes 27

1 General information 27

Authorised by the Chief Parliamentary Counsel

Authorised Version

1

Crimes Amendment (Child

Pornography and Other Matters) Act 2015†

No. 42 of 2015

[Assented to 22 September 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are—

(a) to amend the Crimes Act 1958—

(i) to create 3 additional offences related to child pornography; and

Victoria

Part 1—Preliminary

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

2

Authorised by the Chief Parliamentary Counsel

(ii) to increase the penalty for the offence of possession of child pornography; and

(iii) to provide for the use of random sample evidence in proceedings for child pornography offences; and

(iv) to provide for the giving of a direction under a warrant requiring assistance from a person with knowledge of a computer or computer network; and

(b) to amend the Criminal Procedure Act 2009 to restrict inspection by an accused of evidence that is child pornography; and

(c) to make minor amendments to certain other Acts.

2 Commencement (1) Subject to subsection (2), this Act comes into

operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2015, it comes into operation on that day.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

3

Authorised by the Chief Parliamentary Counsel

Part 2—Amendment of Crimes Act 1958 3 Definitions

In section 67A of the Crimes Act 1958 insert the following definitions—

"administer, in relation to a website, includes building, developing or maintaining the website but does not include hosting the website;

authorised classifier means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition;

child pornography offence means an offence against—

(a) section 68, 69, 70, 70AAAB, 70AAAC or 70AAAD; or

(b) section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995;

data storage device has the meaning given by section 247A(1);

deal, in relation to child pornography, includes any of the following—

(a) viewing, uploading or downloading child pornography;

(b) making child pornography available for viewing, uploading or downloading;

(c) facilitating the viewing, uploading or downloading of child pornography;

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

4

Authorised by the Chief Parliamentary Counsel

police officer includes a member of the Australian Federal Police;

relevant industry regulatory authority means a body that is prescribed to be a relevant industry regulatory authority for the purposes of section 70AAAB(5)(b);

seized material, in relation to a proceeding for a child pornography offence, means material—

(a) that came into the possession of a police officer in the course of the exercise of functions as a police officer; and

(b) some of which is alleged child pornography that is the subject of the proceeding;

website includes a page, or a group of pages, on the Internet.".

4 Possession of child pornography For the penalty at the foot of section 70(1) of the Crimes Act 1958 substitute—

"Penalty: Level 5 imprisonment (10 years maximum).".

5 Amendment of heading to section 70AAA In the heading to section 70AAA of the Crimes Act 1958, for "child pornography offences" substitute "certain child pornography offences".

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

5

Authorised by the Chief Parliamentary Counsel

6 New sections 70AAAB, 70AAAC, 70AAAD and 70AAAE inserted

After section 70AAA of the Crimes Act 1958 insert—

"70AAAB Administering a child pornography website

(1) A person (A) commits an offence if—

(a) A administers, or assists in the administration of, a website; and

(b) the website is used by another person to deal with child pornography; and

(c) A—

(i) intends that the website be used by another person to deal with child pornography; or

(ii) is aware that the website is being used by another person to deal with child pornography.

Examples

1 A manages membership of a website. A intends that the website be used by other persons to view child pornography.

2 A monitors traffic through a website and ensures that the web server hardware and software are running correctly. A is aware that the website is being used by other persons to download child pornography.

(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

(3) It is not necessary to prove the identity of the person using the website to deal with child pornography.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

6

Authorised by the Chief Parliamentary Counsel

(4) A person is not guilty of an offence against subsection (1) if the person, on becoming aware that the website is being used, or has been used, by another person to deal with child pornography takes all reasonable steps in the circumstances to prevent any person from being able to use the website to deal with child pornography.

(5) In determining whether a person has taken all reasonable steps in the circumstances to prevent any person from being able to use a website to deal with child pornography, regard must be had to whether the person did any of the following as soon as it was practicable to do so—

(a) notified a police officer that the website is being, or has been, used to deal with child pornography and complied with any reasonable directions given to the person by a police officer as to what to do in relation to that use of the website;

(b) notified a relevant industry regulatory authority that the website is being, or has been, used to deal with child pornography and complied with any reasonable directions given to the person by that authority as to what to do in relation to that use of the website;

(c) shut the website down;

(d) modified the operation of the website so that it could not be used to deal with child pornography.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

7

Authorised by the Chief Parliamentary Counsel

(6) Subsection (1) does not apply to conduct engaged in by a person in good faith—

(a) in the course of official duties of the person—

(i) connected with the administration of the criminal justice system including the investigation or prosecution of offences; or

(ii) as an employee of the Department of Justice and Regulation who is authorised to engage in that conduct by the Secretary to that Department; or

(b) for a genuine medical, scientific or educational purpose.

(7) Subsection (1) does not apply to any dealing with a film, publication or computer game that, at the time of being dealt with, was classified other than RC or would, if classified, have been classified other than RC.

(8) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria or that a computer or device used in connection with administering the website was outside Victoria, so long as—

(a) the person using the website to deal with child pornography was in Victoria; or

(b) the computer or device used to deal with child pornography was in Victoria.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

8

Authorised by the Chief Parliamentary Counsel

(9) It is immaterial that the person using the website to deal with child pornography was outside Victoria or that the computer or device used to deal with child pornography was outside Victoria, so long as—

(a) some or all of the conduct constituting an offence against subsection (1) occurred in Victoria; or

(b) a computer or device used in connection with administering the website was in Victoria.

70AAAC Encouraging use of a website to deal with child pornography

(1) A person (A) commits an offence if—

(a) A is 18 years of age or more; and

(b) A encourages another person to use a website; and

(c) A intends that the other person use the website to deal with child pornography.

(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

(3) In determining whether A has encouraged another person to use a website to deal with child pornography, it is not necessary to prove—

(a) the identity of the person encouraged to use the website to deal with child pornography; or

(b) that another person in fact used the website to deal with child pornography; or

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

9

Authorised by the Chief Parliamentary Counsel

(c) if another person did in fact use the website to deal with child pornography, that it was A's encouragement that caused the person to do so.

(4) Despite anything to the contrary in Division 12 of Part 1, it is not an offence for a person to attempt to commit an offence against subsection (1).

(5) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the person being encouraged was in Victoria at the time at which the conduct occurred.

(6) It is immaterial that the person being encouraged was outside Victoria at the time the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria. Note

If an adult uses a minor as an innocent agent to encourage another person to use a website, intending that the other person use the website to deal with child pornography, the adult commits an offence against subsection (1).

70AAAD Assisting a person to avoid apprehension (1) A person (A) commits an offence if—

(a) A intentionally provides information to another person (B); and

(b) A intends that B use the information for the purpose of avoiding or reducing the likelihood of apprehension for an offence committed by B against—

(i) section 68, 69, 70, 70AAAB or 70AAAC; or

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

10

Authorised by the Chief Parliamentary Counsel

(ii) section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.

Examples

1 A provides information to B about how to use a website to deal with child pornography anonymously or how to encrypt electronic files containing child pornography.

2 A provides information to B about how to delete electronic data that records information about B's identity.

(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

(3) It is not necessary to prove—

(a) the identity of the person to whom the information was provided; or

(b) that the information was actually used by the other person.

(4) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the other person was in Victoria at the time at which the conduct occurred.

(5) It is immaterial that the other person was outside Victoria at the time the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria.

(6) For the purposes of subsections (4) and (5), information is provided by A to B at the place where A is at the time of giving that information irrespective of where B is at the time of receiving that information.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

11

Authorised by the Chief Parliamentary Counsel

70AAAE Use of random sample evidence in child pornography cases

(1) An authorised classifier, in connection with any proceeding for a child pornography offence, may conduct an examination of a random sample of seized material.

(2) In the proceeding for the child pornography offence concerned, evidence adduced by the prosecution of any of the authorised classifier's findings as to the nature and content of the random sample is admissible as evidence of the nature and content of the whole of the material from which the random sample was taken.

(3) Accordingly, it is open to a court to find that any type of child pornography found by an authorised classifier to be present in a particular proportion in the random sample is present in the same proportion in the material from which the random sample was taken.

(4) A certificate of an authorised classifier that certifies the following is admissible in proceedings for a child pornography offence as evidence of the matters certified—

(a) that the authorised classifier conducted an examination of a random sample of seized material;

(b) the findings of the authorised classifier as to the nature and content of the random sample.

(5) A certificate signed by a person purporting to be an authorised classifier is, in the absence of evidence to the contrary, taken to be a certificate of an authorised classifier.

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

12

Authorised by the Chief Parliamentary Counsel

(6) Evidence is admissible under this section only if the court is satisfied that an Australian legal practitioner representing the accused, or the accused, has been given a reasonable opportunity to inspect all of the seized material.

(7) This section does not affect the operation of any provision of the Criminal Procedure Act 2009 that restricts inspection by an accused of evidence that is child pornography. Note

See sections 46(3), 125(3) and 185A of the Criminal Procedure Act 2009.

(8) The regulations may make further provision for or with respect to the taking and admissibility of random sample evidence under this section, including by providing for—

(a) the circumstances or classes of case in which the prosecutor may adduce evidence of the findings of an authorised classifier under this section, and

(b) the procedure for taking and examining random samples of material, and

(c) any further requirements as to the content of a certificate of an authorised classifier.

Notes

1 Part 8.3 of the Criminal Procedure Act 2009 provides for service of documents.

2 Section 177 of the Evidence Act 2008 provides for the adducing of expert evidence by the tendering of a certificate.".

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

13

Authorised by the Chief Parliamentary Counsel

7 Forfeiture In section 70AA(1) and (2) of the Crimes Act 1958, for "an offence against section 68, 69 or 70" substitute "a child pornography offence".

8 Issue of search warrant by magistrate Section 465(1A) of the Crimes Act 1958 is repealed.

9 New section 465AAA inserted After section 465 of the Crimes Act 1958 insert—

"465AAA Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or computer network

(1) Subject to subsection (3), a warrant issued under section 465 in relation to a building, receptacle, place or vehicle (warrant premises) may authorise a police officer executing the warrant to give a direction under subsection (2) to a specified person.

(2) A police officer may direct a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—

(a) access data held in, or accessible from, a computer or data storage device that—

(i) is on warrant premises; or

(ii) has been seized under the warrant and is at a place other than warrant premises;

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

14

Authorised by the Chief Parliamentary Counsel

(b) copy to another data storage device data held in, or accessible from, a computer, or data storage device, described in paragraph (a);

(c) convert into documentary form or another form intelligible to a police officer—

(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

(ii) data held in a data storage device to which the data was copied as described in paragraph (b).

(3) A warrant may authorise the giving of a direction under subsection (2) if the magistrate issuing the warrant is satisfied that—

(a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer, or data storage device, described in subsection (2)(a) will afford evidence as to the commission of an indictable offence; and

(b) the specified person is—

(i) reasonably suspected of having committed an indictable offence in relation to which the warrant was issued; or

(ii) the owner or lessee of the computer or device; or

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

15

Authorised by the Chief Parliamentary Counsel

(iii) an employee of the owner or lessee of the computer or device; or

(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or

(v) a person who uses or has used the computer or device; or

(vi) a person who is or was a system administrator for the computer network of which the computer or device forms or formed a part; and

(c) the specified person has relevant knowledge of—

(i) the computer or device or a computer network of which the computer or device forms or formed a part; or

(ii) measures applied to protect data held in, or accessible from, the computer or device.

(4) A person commits an offence if—

(a) the person has relevant knowledge of—

(i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or

(ii) measures applied to protect data held in, or accessible from, the computer or data storage device; and

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

16

Authorised by the Chief Parliamentary Counsel

(b) the person is informed by a police officer—

(i) of the authorisation to give the direction under subsection (2) and of its terms; and

(ii) that it is an offence to fail to comply with the direction; and

(c) the person fails to comply with the direction without reasonable excuse.

(5) A person who commits an offence against subsection (4) is liable to level 7 imprisonment (2 years maximum).

(6) An offence against subsection (4) is a summary offence.

(7) A person is not excused from complying with a direction under subsection (2) on the ground that complying with it may result in information being provided that might incriminate the person.

(8) In this section access, data, data held in a computer and data storage device have the meanings given by section 247A(1).".

10 Power to require assistance from person with knowledge of a computer or computer network

After section 465AA(10) of the Crimes Act 1958 insert—

"(10A) This section applies in addition to section 465AAA, whether or not in relation to the same specified person. However, a person may be charged with an offence against either section 465AAA(4) or subsection (9) but not both.".

Part 2—Amendment of Crimes Act 1958

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

17

Authorised by the Chief Parliamentary Counsel

11 New section 628 inserted After section 627 of the Crimes Act 1958 insert—

"628 Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015

(1) Section 70AAAE applies to the following proceedings or part proceedings, irrespective of when the offence to which the proceeding relates is alleged to have been committed—

(a) a trial that commences on or after the day on which section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 comes into operation (the commencement day);

Note

See section 210 of the Criminal Procedure Act 2009 for when a trial commences.

(b) a summary proceeding that commences on or after the commencement day;

(c) for a summary proceeding that commenced before the commencement day, that part of the proceeding that takes place on or after that day, other than any hearing in the proceeding that commenced before that day and continued on or after that day or was adjourned until that day or a day after that day.

(2) Section 465AAA applies with respect to a warrant issued under section 465 irrespective of when the offence to which the warrant relates is suspected to have been committed.".

Part 3—Amendment of Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

18

Authorised by the Chief Parliamentary Counsel

Part 3—Amendment of Criminal Procedure Act 2009

12 Definitions In section 3 of the Criminal Procedure Act 2009 insert the following definition—

"child pornography has the meaning given by section 67A of the Crimes Act 1958;".

13 Accused may make request for material etc. not provided

In section 43(1)(c) of the Criminal Procedure Act 2009, for "inspection of" substitute "subject to section 43A, inspection of".

14 New section 43A inserted After section 43 of the Criminal Procedure Act 2009 insert—

"43A Inspection of exhibits that include child pornography where accused is legally represented

(1) This section applies if—

(a) a request under section 43(1)(c) relates to an exhibit, or a part of an exhibit, that is child pornography; and

(b) the accused is legally represented.

(2) The accused may request inspection of the exhibit, or the part of the exhibit, by the accused's legal practitioner (but not the accused personally). Example

The informant may agree with the accused's legal practitioner on a time and place for the accused's legal practitioner to inspect exhibits that include child pornography. The legal practitioner may not show such an exhibit to the accused but may discuss its

Part 3—Amendment of Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

19

Authorised by the Chief Parliamentary Counsel

content with the accused in order to obtain instructions.".

15 Grounds on which informant may refuse disclosure (1) In section 45(1) of the Criminal Procedure Act

2009—

(a) in paragraph (f), for "person." substitute "person; or";

(b) after paragraph (f) insert—

"(g) result in the disclosure of child pornography to the accused personally.".

(2) After section 45(1) of the Criminal Procedure Act 2009 insert—

"(1A) The informant may not refuse, on the ground referred to in subsection (1)(g), a request under section 43(1)(c) for inspection of exhibits by the accused's legal practitioner (but not the accused personally).".

16 Accused may apply for order requiring disclosure After section 46(2) of the Criminal Procedure Act 2009 insert—

"(3) Without limiting subsection (2), if an application under subsection (1) relates to an informant's refusal to disclose any information, document or thing on the ground referred to in section 45(1)(g), the Magistrates' Court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the disclosure be made to—

(a) the accused's legal practitioner (but not the accused personally); or

(b) the accused personally.".

Part 3—Amendment of Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

20

Authorised by the Chief Parliamentary Counsel

17 Inspection of exhibits At the foot of section 115 of the Criminal Procedure Act 2009 insert— "Note

Sections 45(1)(g) and 122(2) provide for restricting inspection by an accused personally of evidence that is child pornography.".

18 Compliance with request to copy or inspect items or disclose previous convictions of witness

At the foot of section 122(2) of the Criminal Procedure Act 2009 insert— "Note

Sections 45(1)(g) provides for restricting inspection by an accused personally of evidence that is child pornography.".

19 Committal mention hearing After section 125(2) of the Criminal Procedure Act 2009 insert—

"(3) In determining any objection to the disclosure of material on the ground referred to in section 45(1)(g), the Magistrates' Court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the disclosure be made to—

(a) the accused's legal practitioner (but not the accused personally); or

(b) the accused personally.".

20 Continuing obligation of disclosure In section 185(2) of the Criminal Procedure Act 2009, after "subsection (4)" insert "and section 185A".

Part 3—Amendment of Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

21

Authorised by the Chief Parliamentary Counsel

21 New section 185A inserted After section 185 of the Criminal Procedure Act 2009 insert—

"185A Disclosure of evidence that is child pornography

(1) The prosecution need not provide, or make available for inspection, any information, document or thing that is required by section 185 to be provided or made available for inspection if the prosecutor believes that doing so will result in the disclosure of child pornography to the accused personally.

(2) The accused may apply to the court for an order requiring the prosecution to provide, or make available for inspection, any information, document or thing not provided or made available for inspection under subsection (1).

(3) The court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the information, document or thing be provided to or made available for inspection by—

(a) the accused's legal practitioner (but not the accused personally); or

(b) the accused personally.".

22 Application of Division 5 of Part 8.2 In section 366(1)(c) of the Criminal Procedure Act 2009, for "69" substitute "69, 70AAAB, 70AAAC, 70AAAD".

Part 3—Amendment of Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

22

Authorised by the Chief Parliamentary Counsel

23 New section 446 inserted After section 445 of the Criminal Procedure Act 2009 insert—

"446 Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015 This Act, as amended by the Crimes Amendment (Child Pornography and Other Matters) Act 2015, applies to a request for inspection of an exhibit (or a part of an exhibit), or for a copy of any information, document or thing, made on or after the day on which section 14 of that Act comes into operation irrespective of when—

(a) the proceeding in relation to which the request is made commenced; or

(b) the offence to which the proceeding relates is alleged to have been committed.".

Part 4—Amendment of other Acts

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

23

Authorised by the Chief Parliamentary Counsel

Part 4—Amendment of other Acts 24 Confiscation Act 1997

After section 7C(a)(ii) of the Confiscation Act 1997 insert—

"(iia) an offence against section 70AAAB, 70AAAC or 70AAAD of the Crimes Act 1958;".

25 Education and Training Reform Act 2006 In section 1.1.3(1) of the Education and Training Reform Act 2006, in paragraph (a) of the definition of sexual offence, for "69 or 70" substitute "69, 70, 70AAAB, 70AAAC or 70AAAD".

26 Sentencing Act 1991 (1) In section 89DC of the Sentencing Act 1991,

after subparagraph (c)(xxxii) of the definition of relevant offence insert—

"(xxxiia) section 70AAAB (administering a child pornography website);

(xxxiib) section 70AAAC (encouraging use of a website to deal with child pornography);

(xxxiic) section 70AAAD (assisting a person to avoid apprehension);".

(2) In Schedule 1 to the Sentencing Act 1991, before clause 1(a)(xvij) insert—

"(xviia) section 70AAAB (administering a child pornography website);

(xviib) section 70AAAC (encouraging use of a website to deal with child pornography);

(xviic) section 70AAAD (assisting a person to avoid apprehension);".

Part 4—Amendment of other Acts

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

24

Authorised by the Chief Parliamentary Counsel

27 Serious Sex Offenders (Detention and Supervision) Act 2009

In Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009, after item 25 insert—

"25A An offence against section 70AAAB of the Crimes Act 1958 (administering a child pornography website).

25B An offence against section 70AAAC of the Crimes Act 1958 (encouraging use of a website to deal with child pornography).

25C An offence against section 70AAAD of the Crimes Act 1958 (assisting a person to avoid apprehension).".

28 Sex Offenders Registration Act 2004 (1) In item 6A of Schedule 1 to the Sex Offenders

Registration Act 2004, after "paragraphs of" insert "clause 1 of".

(2) In Schedule 2 to the Sex Offenders Registration Act 2004, after item 18 insert—

"18AAAA. An offence against section 70AAAB of the Crimes Act 1958 (administering a child pornography website).

18AAA. An offence against section 70AAAC of the Crimes Act 1958 (encouraging use of a website to deal with child pornography).

18AA. An offence against section 70AAAD of the Crimes Act 1958 (assisting a person to avoid apprehension).".

Part 4—Amendment of other Acts

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

25

Authorised by the Chief Parliamentary Counsel

(3) In the Sex Offenders Registration Act 2004—

(a) in item 26A of Schedule 2, after "(e) of" insert "clause 1 of";

(b) in item 2A of Schedule 3, after "paragraphs of" insert "clause 1 of";

(c) in item 10A of Schedule 4, after "(e) of" insert "clause 1 of".

29 Victoria Police Act 2013 In Schedule 4 to the Victoria Police Act 2013, in item 2.2, for "69 or 70(1)" substitute "69, 70(1), 70AAAB, 70AAAC or 70AAAD".

30 Working with Children Act 2005 In section 3(1) of the Working with Children Act 2005, for paragraph (a) of the definition of child pornography offence substitute—

"(a) an offence against any of the following provisions of the Crimes Act 1958—

(i) section 68(1) (production of child pornography);

(ii) section 69 (procurement of minor for child pornography);

(iii) section 70(1) (possession of child pornography);

(iv) section 70AAAB (administering a child pornography website);

(v) section 70AAAC (encouraging use of a website to deal with child pornography);

(vi) section 70AAAD (assisting a person to avoid apprehension); or".

Part 5—Repeal of amending Act

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

26

Authorised by the Chief Parliamentary Counsel

Part 5—Repeal of amending Act 31 Repeal of amending Act

This Act is repealed on 1 December 2016. Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

Crimes Amendment (Child Pornography and Other Matters) Act 2015 No. 42 of 2015

27

Authorised by the Chief Parliamentary Counsel

Endnotes 1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech—

Legislative Assembly: 5 August 2015

Legislative Council: 20 August 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 in relation to child pornography offences, proceedings related to child pornography offences and warrants, to amend the Criminal Procedure Act 2009 to restrict inspection by an accused of evidence that is child pornography, to make minor amendments to certain other Acts and for other purposes."