The legislation strengthens existing national law by -
* increasing to 20 years imprisonment the penalties for Australians who travel overseas to sexually abuse children;The Explanatory Memo for the Bill notes that -
* introducing new aggravated offences with penalties of 25 years imprisonment where the offender was in a position of trust (eg as a teacher or aid worker), the child was mentally impaired or the offender engaged in a sexual relationship with a child "over a period of time";
* increasing penalties for online child pornography offences and creating a new high penalty offence for online child pornography networks;
* introducing new online offences for sending indecent material to, or for sexual activity with, a child;
* introducing a suite of child sex-related postal service offences; and
* introducing a new scheme for the forfeiture of child pornography or child abuse material, or items such as computers containing material.
The Commonwealth's regime includes offences criminalising child sex tourism (sexual offences against children overseas) and using the Internet or postal service for child sex-related activity. These offences are generally directed at persons under 16 years of age. This is consistent with the age of consent in the majority of Australian States and Territories. The Government believes that setting the age of consent at 16 years of age strikes the appropriate balance between the need to protect vulnerable persons from sexual exploitation, and the need to allow for sexual autonomy.The Bill will amend the Crimes Act 1914 (Cth). The new legislation will -
repeal the existing child sex tourism offence regime in the Crimes Act and move the provisions to the Criminal Code. It will also strengthen the child sex tourism offence regime by introducing new offences for steps preceding actual sexual activity with a child, improving the operation of existing offences for sexual intercourse or other sexual activity with a child and by introducing new sexual activity offences directed at aggravated conduct, persistent sexual abuse and sexual activity with a young person (between 16 and 18 years of age) where the defendant is in a position of trust or authority in relation to the young person.
[The amendments] will also introduce new offences for Australians dealing in child pornography and child abuse material overseas. Commonwealth, State and Territory offences criminalise dealings in child pornography and child abuse material within Australia and through the Internet. However, there are currently no offences applying extraterritorially to dealings in such material by Australians overseas. Accordingly, Part 1 will introduce new offences for possessing, controlling, producing, distributing or obtaining child pornography or child abuse material outside Australia.
The purpose of the amendments ... is to ensure that all behaviour relating to sexual offences against children by Australians within Australia (covered by State and Territory offences) is also criminalised when committed by Australians overseas.
[The new legislation] will introduce new offences for using a postal or similar service for child sex-related activity. While there is a general offence of using a postal service to menace, harass or cause offence (carrying a maximum penalty of two years imprisonment), there are currently no specific offences for using a postal service for child sex-related activity. This had lead to inconsistencies in how child sex-related activity using a carriage service and comparable activity using a postal service, is treated. Accordingly, [the changes] will introduce a comprehensive suite of offences that criminalise the use of a postal service, mirroring existing, and proposed, carriage service offences and penalties.
[It] will also enhance the coverage of offences for using a carriage service (eg the Internet) for child pornography or child abuse material or for sexual activity with children. In 2005, new offences for using a carriage service for child pornography or child abuse material, or for grooming or procuring a child for sexual activity, were inserted into the Criminal Code. [The changes] will extend and improve the operation of these existing offences. It will also introduce new offences for using a carriage service for indecent communications with a child or for sexual activity with a child.
