Crimes Amendment (Child Pornography and Other Matters) Act 2015
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
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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
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Endnotes 27
1 General information 27
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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
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Part 1—Preliminary
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(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.
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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;
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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".
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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.
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(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.
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(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.
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(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
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(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
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(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.
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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.
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(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.".
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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;
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(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
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(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
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(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.".
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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.".
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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
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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.".
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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".
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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".
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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.".
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Part 4—Amendment of other Acts
Crimes Amendment (Child Pornography and Other Matters) Act 2015
No. 42 of 2015
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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);".
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Part 4—Amendment of other Acts
Crimes Amendment (Child Pornography and Other Matters) Act 2015
No. 42 of 2015
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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).".
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Part 4—Amendment of other Acts
Crimes Amendment (Child Pornography and Other Matters) Act 2015
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(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".
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Part 5—Repeal of amending Act
Crimes Amendment (Child Pornography and Other Matters) Act 2015
No. 42 of 2015
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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).
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Endnotes
Crimes Amendment (Child Pornography and Other Matters) Act 2015
No. 42 of 2015
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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."
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