2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Criminal Proceedings Legislation Amendment Bill 2011

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Crimes Act 1900
	4	Act of indecency without consent
Section 60 (1)	3
	5	Section 60 (2)	3
	6	Possessing child pornography
Section 65 (1), penalty	3
	7	Using the internet etc to deprave young people
Section 66 (1), penalty, paragraph (a)	3
	8	Section 66 (2), penalty	4
	9	Section 66 (6), definition of pornographic material	4
Part 3	Supreme Court Act 1933
	10	Section 68B	5
	11	Definitions—pt 8A
Section 69A, definitions of ACT court and corresponding court	6
	12	Section 69H	6
	13	New schedule 2	7
	14	Schedule 2 heading	9
Schedule 1	Consequential amendment	10
Part 1.1	Court Procedures Rules 2006	10

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Criminal Proceedings Legislation Amendment Bill 2011

A Bill for
An Act to amend legislation about criminal proceedings, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Criminal Proceedings Legislation Amendment Act 2011.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Crimes Act 1900
·	Supreme Court Act 1933.
Note	This Act also amends other legislation (see sch 1).

Part 2	Crimes Act 1900
4	Act of indecency without consent
Section 60 (1)
omit
5 years
substitute
7 years
5	Section 60 (2)
omit
7 years
substitute
9 years
6	Possessing child pornography
Section 65 (1), penalty
substitute
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
7	Using the internet etc to deprave young people
Section 66 (1), penalty, paragraph (a)
omit
5 years
substitute
7 years
8	Section 66 (2), penalty
substitute
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
9	Section 66 (6), definition of pornographic material
substitute
pornographic material means—
	(a)	material of a sexual nature that has been, or is likely to be, classified R 18+, RC, category 1 restricted or category 2 restricted; or
	(b)	material that has been, or is likely to be, classified X 18+.

Part 3	Supreme Court Act 1933
10	Section 68B
substitute
68B	Trial by judge alone in certain criminal proceedings
	(1)	A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—
	(a)	the person elects in writing to be tried by a judge alone; and
	(b)	the person produces a certificate signed by a legal practitioner stating that—
	(i)	the legal practitioner has advised the person in relation to the election; and
	(ii)	the person has made the election freely; and
	(c)	the election and certificate are filed in the court before—
	(i)	the court first allocates a date for the person’s trial; and
	(ii)	the person, or the person’s legal representative, knows the trial judge’s identity; and
	(d)	if there is more than 1 accused person in the proceeding—
	(i)	each other accused person also elects to be tried by a judge alone; and
	(ii)	each other accused person’s election is made in relation to all offences for which that person is to be tried in the proceeding; and
	(iii)	none of the offences for which any other accused person is to be tried is an excluded offence.
	(2)	An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.
	(3)	If an accused person makes and then withdraws an election, the person may not make another election.
	(4)	In this section:
excluded offence means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.
11	Definitions—pt 8A
Section 69A, definitions of ACT court and corresponding court
omit
schedule 2
substitute
schedule 3
12	Section 69H
substitute
69H	Amendment of sch 3
A regulation may amend schedule 3.
13	New schedule 2
insert
Schedule 2	Trial by judge alone—excluded offences
(see s 68B (4))
Part 2.1	Definitions—sch 2
2.1	Definitions—sch 2
In this schedule:
Crimes Act means the Crimes Act 1900.
Prostitution Act means the Prostitution Act 1992.
Radiation Act means the Radiation Protection Act 2006.
Note	A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, pt 2.4 (Extensions of criminal responsibility) and s 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).
Part 2.2	Excluded offences
column 1
item	column 2
legislation	column 3
provision and case (if any)	column 4
description	
1	Crimes Act	12	murder	
2	Crimes Act	15	manslaughter	
3	Crimes Act	17	suicide—aiding etc	
4	Crimes Act	29 (2) or (3)	culpable driving of motor vehicle causing death	
5	Crimes Act	42	child destruction	
6	Crimes Act	49C	industrial manslaughter—employer offence	
7	Crimes Act	49D	industrial manslaughter—senior officer offence	
8	Crimes Act	51	sexual assault in the first degree	
9	Crimes Act	52	sexual assault in the second degree	
10	Crimes Act	53	sexual assault in the third degree	
11	Crimes Act	54	sexual intercourse without consent	
12	Crimes Act	55	sexual intercourse with young person	
13	Crimes Act	56	maintaining sexual relationship with young person	
14	Crimes Act	57	act of indecency in the first degree	
15	Crimes Act	58	act of indecency in the second degree	
16	Crimes Act	59	act of indecency in the third degree	
17	Crimes Act	60	act of indecency without consent	
18	Crimes Act	61	acts of indecency with young people	
19	Crimes Act	62	incest and similar offences	
20	Crimes Act	63	abduction (for sexual purposes)	
21	Crimes Act	63A	bestiality	
22	Crimes Act	64	using child for production of child pornography etc	
23	Crimes Act	64A	trading in child pornography	
24	Crimes Act	65	possessing child pornography	
25	Crimes Act	66	using the internet etc to deprave young people	
26	Crimes Act	74	prohibition of female genital mutilation	
27	Crimes Act	75	removal of child from ACT for genital mutilation	
28	Crimes Act	79	sexual servitude offences	
29	Crimes Act	80	deceptive recruiting for sexual services	
30	Prostitution Act	20	causing child to provide commercial sexual services etc	
31	Prostitution Act	21	receiving proceeds of child prostitution	
32	Radiation Act	55, if failure causes death	failure to comply with safety duty causing death	
14	Schedule 2 heading
substitute
Schedule 3	ACT and corresponding courts

Schedule 1	Consequential amendment
(see s 3)
Part 1.1	Court Procedures Rules 2006
[1.1]	Rule 4733 (b), note 1
substitute
Note 1	See the Supreme Court Act 1933, s 68B (Trial by judge alone in certain criminal proceedings).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011