Justice Legislation (Sexual Offences and Bail) Act 2004

Victorian Legislation Parliamentary Documents i Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF CRIMES ACT 1958, EVIDENCE ACT 1958 AND SENTENCING ACT 1991 3 3. New Subdivision inserted 3 (8EAA) Sexual Servitude 3 60AB. Sexual servitude 3 60AC. Aggravated sexual servitude 5 60AD. Deceptive recruiting for commercial sexual services 6 60AE. Aggravated deceptive recruiting for commercial sexual services 6 4. Child pornography 6 5. Offer of minor for involvement in child pornography 7 6. Possession of child pornography 7 7. New Subdivision (14) inserted 7 (14) Sexual Performances involving a Minor 7 70AB. Definitions 7 70AC. Sexual performance involving a minor 8 8. Giving of evidence 8 9. Serious sexual offender 9 PART 3—AMENDMENT OF BAIL ACT 1977 10 10. Failure to answer bail 10 11. Extension of bail in limited circumstance 10 12. New section 16A inserted 10 16A. Written notice of extension of bail 10 -- 1 of 15 -- Victorian Legislation Parliamentary Documents Section Page ii PART 4—AMENDMENT OF COUNTY COURT ACT 1958 12 13. Registrar to extend bail when judge fails to arrive 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- Victorian Legislation Parliamentary Documents 1 Justice Legislation (Sexual Offences and Bail) Act 2004† [Assented to 18 May 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Crimes Act 1958— (i) to create offences in relation to sexual servitude and sexual performances involving a minor; and Victoria No. 20 of 2004 -- 3 of 15 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 2 (ii) to amend offences in relation to child pornography; and (b) to amend the Evidence Act 1958 in relation to the giving of evidence in cases for sexual servitude offences; and (c) to amend the Sentencing Act 1991 to classify sexual servitude offences as serious offender offences; and (d) to amend the Bail Act 1977 in respect of a failure to answer bail and extension of bail; and (e) to amend the County Court Act 1958 to give a registrar or a deputy registrar the power to extend bail in certain circumstances. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 3 PART 2—AMENDMENT OF CRIMES ACT 1958, EVIDENCE ACT 1958 AND SENTENCING ACT 1991 3. New Subdivision inserted After Subdivision (8E) of Division 1 of Part I of the Crimes Act 1958 insert— '(8EAA) Sexual Servitude 60AB. Sexual servitude (1) In this section— "commercial sexual services" means services for commercial benefit involving the use or display of the body of the person providing the services for the sexual arousal or sexual gratification of others; "threat" means— (a) threat of force; or (b) threat to cause a person's deportation; or (c) threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of commercial sexual services. (2) A person who, by the use of— (a) force; or (b) a threat; or (c) unlawful detention; or (d) fraud or misrepresentation, including by omission; or s. 3 See: Act No. 6231. Reprint No. 17 as at 17 June 2003 and amending Act Nos 63/2003, 80/2003, 104/2003 and 105/2003. LawToday: www.dms. dpc.vic. gov.au -- 5 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 4 (e) a manifestly excessive debt— causes another person to provide, or to continue providing, commercial sexual services is guilty of an offence and liable to level 4 imprisonment (15 years maximum). (3) A person who— (a) causes or induces another person to provide commercial sexual services; and (b) knows that, or is reckless as to whether, the other person providing those services will not be free to stop providing those services because of the use of— (i) force; or (ii) a threat; or (iii) unlawful detention; or (iv) fraud or misrepresentation, including by omission; or (v) a manifestly excessive debt— is guilty of an offence and liable to level 4 imprisonment (15 years maximum). (4) A person who— (a) conducts a business that involves the provision of commercial sexual services; and (b) knows that, or is reckless as to whether, the persons providing those services are not free to stop providing those services because of the use of— (i) force; or s. 3 -- 6 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 5 (ii) a threat; or (iii) unlawful detention; or (iv) fraud or misrepresentation, including by omission; or (v) a manifestly excessive debt— is guilty of an offence and liable to level 4 imprisonment (15 years maximum). (5) For the purposes of sub-section (4), conducting a business includes— (a) taking any part in the management of the business; or (b) exercising control or direction over the business; or (c) providing finance for the business. 60AC. Aggravated sexual servitude (1) A person is guilty of aggravated sexual servitude if— (a) the person commits an offence against section 60AB(2), (3) or (4); and (b) the offence was committed against a person under the age of 18 years; and (c) the accused intended to commit, or was reckless as to committing, the offence against a person under the age of 18 years. (2) A person guilty of aggravated sexual servitude is guilty of an offence and liable to level 3 imprisonment (20 years maximum). s. 3 -- 7 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 6 60AD. Deceptive recruiting for commercial sexual services (1) A person who, intending to induce another person to enter into an engagement to provide commercial sexual services, deceives that other person about the fact that the engagement will involve the provision of commercial sexual services is guilty of an offence and liable to level 6 imprisonment (5 years maximum). (2) In sub-section (1), "commercial sexual services" has the same meaning as in section 60AB. 60AE. Aggravated deceptive recruiting for commercial sexual services (1) A person is guilty of aggravated deceptive recruiting for commercial sexual services if— (a) the person commits an offence against section 60AD; and (b) the offence was committed against a person under the age of 18 years; and (c) the accused intended to commit, or was reckless as to committing, the offence against a person under the age of 18 years. (2) A person guilty of aggravated deceptive recruiting for sexual services is guilty of an offence and liable to level 5 imprisonment (10 years maximum).'. 4. Child pornography In section 67A of the Crimes Act 1958, in the definition of "child pornography" omit "under 16". s. 4 -- 8 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 7 5. Offer of minor for involvement in child pornography (1) In section 69 of the Crimes Act 1958, for "pornography—" substitute— "pornography; or (c) causes a minor to be in any way concerned in the making or production of child pornography; or (d) offers a minor to be in any way concerned in the making or production of child pornography—". (2) Insert the following heading to section 69 of the Crimes Act 1958— "Procurement etc. of minor for child pornography". 6. Possession of child pornography (1) In section 70(2)(c) of the Crimes Act 1958, for "16 years" substitute "18 years". (2) In section 70(3) of the Crimes Act 1958, for "16 years" substitute "18 years". 7. New Subdivision (14) inserted After Subdivision (13) of Division 1 of Part I of the Crimes Act 1958 insert— '(14) Sexual Performances involving a Minor 70AB. Definitions In this Subdivision— "minor" means person under the age of 18 years; s. 5 -- 9 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 8 "sexual performance" means live performance that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person. 70AC. Sexual performance involving a minor A person must not— (a) invite a minor to be in any way concerned in a sexual performance; or (b) procure a minor for the purpose of being in any way concerned in a sexual performance; or (c) cause a minor to be in any way concerned in a sexual performance; or (d) offer a minor to be in any way concerned in a sexual performance— in circumstances where there is payment or reward to the minor or to any other person in respect of the performance. Penalty: Level 5 imprisonment (10 years maximum).'. 8. Giving of evidence (1) After section 37B(1)(a) of the Evidence Act 1958 insert— "(ab) an offence under Subdivision (8EAA) of Division 1 of Part I of the Crimes Act 1958; or". (2) After section 37C(2)(a)(ii) of the Evidence Act 1958 insert— "(iii) an offence under Subdivision (8EAA) of Division 1 of Part I of the Crimes Act 1958; or". s. 8 See: Act No. 6246. Reprint No. 14 as at 6 June 2002. LawToday: www.dms. dpc.vic. gov.au -- 10 of 15 -- Victorian Legislation Parliamentary Documents Part 2—Amendment of Crimes Act 1958, Evidence Act 1958 and Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 9 9. Serious sexual offender In Schedule 1 to the Sentencing Act 1991, after clause 1(a)(xvi) insert— "(xvia) section 60AB(2), (3) or (4) (sexual servitude); (xvib) section 60AC (aggravated sexual servitude); (xvic) section 60AD (deceptive recruiting for commercial sexual services); (xvid) section 60AE (aggravated deceptive recruiting for commercial sexual services);". __________________ s. 9 See: Act No. 49/1991. Reprint No. 7 as at 1 January 2004 and amending Act Nos 2/2002, 13/2003 and 53/2003. LawToday: www.dms. dpc.vic. gov.au -- 11 of 15 -- Victorian Legislation Parliamentary Documents Part 3—Amendment of Bail Act 1977 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 10 PART 3—AMENDMENT OF BAIL ACT 1977 10. Failure to answer bail Section 4(2)(c) of the Bail Act 1977 is repealed. 11. Extension of bail in limited circumstance In section 16(3) of the Bail Act 1977, for "a court is satisfied that the accused person is by reason of illness or accident or other sufficient cause unable to appear personally" substitute— "a court is satisfied— (a) if the accused person is remanded in custody or committed to safe custody, the accused is by reason of illness, accident or other sufficient cause unable to appear personally; or (b) if the accused person is released on bail, the accused is not present for sufficient cause—". 12. New section 16A inserted After section 16 of the Bail Act 1977 insert— "16A. Written notice of extension of bail A court extending bail must cause to be given to the accused person and the surety or sureties, if any, for the appearance of the accused notice in writing stating that— (a) bail has been extended by the court in the absence of the accused and the surety; and (b) the date, time and place at which the accused person is bound to attend; and See: Act No. 9008. Reprint No. 7 as at 1 January 1999 and amending Act Nos 11/2001, 61/2001, 35/2002 and 10/2003. LawToday: www.dms. dpc.vic. gov.au s. 10 -- 12 of 15 -- Victorian Legislation Parliamentary Documents Part 3—Amendment of Bail Act 1977 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 11 (c) the consequences of failure to attend at that time and place.". __________________ s. 12 -- 13 of 15 -- Victorian Legislation Parliamentary Documents Part 4—Amendment of County Court Act 1958 Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 12 PART 4—AMENDMENT OF COUNTY COURT ACT 1958 13. Registrar to extend bail when judge fails to arrive In section 7(4) of the County Court Act 1958, after "telegram" insert "and extend the bail of a person appearing on that day in relation to a criminal proceeding in respect of which the person has been granted bail to the day to which the court is adjourned". ═══════════════ See: Act No. 6230. Reprint No. 10 as at 27 September 2001 and amending Act Nos 107/1986, 4/2002, 11/2002 and 39/2003. LawToday: www.dms. dpc.vic. gov.au s. 13 -- 14 of 15 -- Victorian Legislation Parliamentary Documents Justice Legislation (Sexual Offences and Bail) Act 2004 Act No. 20/2004 13 ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 April 2004 Legislative Council: 6 May 2004 The long title for the Bill for this Act was "to amend the Crimes Act 1958, the Evidence Act 1958 and the Sentencing Act 1991 with respect to sexual offences, child pornography and sexual performances involving a minor and to amend the Bail Act 1977 and the County Court Act 1958 with respect to failure to answer bail and extension of bail and for other purposes." Endnotes -- 15 of 15 --