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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 44
Criminal
Code Amendment (Child Abuse Material) Bill
2013
Mr
Elferink
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (CHILD ABUSE MATERIAL) ACT 2013
____________________
Act No. [ ] of 2013
____________________
Table of provisions
125AB Child abuse material and related articles may be destroyed
125AC Article
containing child abuse material may be
returned
Division
7 Criminal Code
Amendment (Child Abuse Material) Act 2013
450 Application
of section 125B
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2013
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2013]
[Second reading [ ] 2013]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment (Child Abuse Material) Act 2013.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
Section 125A(1)
insert (in alphabetical order)
senior rank means a rank of or above the rank of Commander.
5 Sections 125AB and 125AC inserted
After section 125A
insert
125AB Child abuse material and related articles may be destroyed
(1) This section applies if any of the following things are seized by a police officer:
(a) child abuse material;
(b) an article that contains child abuse material;
(c) an article that a police officer of a senior rank reasonably believes contains child abuse material.
(2) A police officer of a senior rank may authorise the forfeiture and destruction by a police officer of the thing.
(3) Subsection (2) applies whether or not a person has been charged, or is to be charged with an offence in relation to the thing.
(4) The thing may be destroyed at the place at which it was forfeited or at any other place that a police officer of a senior rank thinks fit.
(5) If the operation of this section would, apart from this subsection, result in an acquisition of property from a person otherwise than on just terms:
(a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and
(b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.
125AC Article containing child abuse material may be returned
(1) If an article that contains, or is believed to contain, child abuse material is forfeited by a police officer under section 125AB, a police officer of a senior rank may authorise a police officer to return the article to the owner of the article.
(2) The authorisation must not be given unless the police officer of a senior rank is satisfied the child abuse material has been removed from the article.
Section 125B(6)
omit
convicts a person of a crime
insert
finds a person guilty of an offence
7 Part XI, Division 7 inserted
After section 449
insert
Division 7 Criminal Code Amendment (Child Abuse Material) Act 2013
450 Application of section 125B
(1) Section 125B, as amended by the Criminal Code Amendment (Child Abuse Material) Act 2013, applies only in relation to offences committed after the commencement of this section (commencement).
(2) Section 125B, as in force before commencement, continues to apply in relation to offences committed before commencement.
(3) For this section:
(a) an offence is taken to have been committed after commencement only if all the conduct constituting the offence occurred after commencement; and
(b) any other offence is taken to have been committed before commencement.
This Act expires the day after it commences.
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