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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Law (Two Strike Child
Sex Offenders) Amendment
Bill 2012
Queensland
Criminal Law (Two Strike Child Sex
Offenders) Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Corrective Services Act 2006
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
181A Parole eligibility date for prisoner serving term of
imprisonment for life for a repeat serious child sex
offence ................................. 4
Part 3 Amendment of Penalties and Sentences Act 1992
4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 5
7 Insertion of new pt 9B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 9B Repeat serious child sex offences
161D Meaning of serious child sex offence . . . . . . . . . . . . . 5
161E Mandatory sentence for repeat serious child sex
offence ................................ 6
8 Amendment of s 171 (Review--periodic) . . . . . . . . . . . . . . . . . . . 6
9 Insertion of new pt 14, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3 Transitional provision for Criminal Law (Two
Strike Child Sex Offenders) Amendment Act
2012
223 Transitional provision for s 161E. . . . . . . . . . . . . . . . . 7
10 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Schedule 1A Serious child sex offences
2012
A Bill
for
An Act to amend the Corrective Services Act 2006 and the
Penalties and Sentences Act 1992 for particular purposes
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal Law (Two Strike Child 4
Sex Offenders) Amendment Act 2012. 5
Part 2 Amendment of Corrective 6
Services Act 2006 7
Clause 2 Act amended 8
This part amends the Corrective Services Act 2006. 9
Clause 3 Insertion of new s 181A 10
After section 181-- 11
insert-- 12
`181A Parole eligibility date for prisoner serving term of 13
imprisonment for life for a repeat serious child sex 14
offence 15
`(1) This section applies to a prisoner who is serving a term of 16
imprisonment for life under the Penalties and Sentences Act 17
1992, section 161E for a repeat serious child sex offence. 18
`(2) The prisoner's parole eligibility date is the day after the day 19
on which the prisoner has served 20 years and not 15 years as 20
prescribed under section 181.'. 21
Page 4
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 3 Amendment of Penalties and Sentences Act 1992
[s 4]
Part 3 Amendment of Penalties and 1
Sentences Act 1992 2
Clause 4 Act amended 3
This part amends the Penalties and Sentences Act 1992. 4
Clause 5 Amendment of s 4 (Definitions) 5
Section 4-- 6
insert-- 7
`serious child sex offence see section 161D.'. 8
Clause 6 Amendment of s 160A (Application of ss 160B-160D) 9
Section 160A(5)(a), before `182(2)(a)'-- 10
insert-- 11
`181A,'. 12
Clause 7 Insertion of new pt 9B 13
After section 161C-- 14
insert-- 15
`Part 9B Repeat serious child sex 16
offences 17
`161D Meaning of serious child sex offence 18
`A serious child sex offence is an offence against a provision 19
mentioned in schedule 1A, or an offence that involved 20
counselling or procuring the commission of an offence 21
mentioned in schedule 1A, committed-- 22
(a) in relation to a child under 16 years; and 23
Page 5
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 3 Amendment of Penalties and Sentences Act 1992
[s 8]
(b) in circumstances in which an offender convicted of the 1
offence would be liable to imprisonment for life. 2
`161E Mandatory sentence for repeat serious child sex 3
offence 4
`(1) An offender is convicted of a repeat serious child sex offence 5
if-- 6
(a) the offender is convicted of a serious child sex offence 7
(the repeat offence) committed by the offender when 8
the offender was an adult; and 9
(b) before the offender committed the repeat offence, the 10
offender was convicted of another serious child sex 11
offence committed by the offender when the offender 12
was an adult. 13
`(2) An offender who is convicted of a repeat serious child sex 14
offence is liable to, despite any other penalty imposed by the 15
Criminal Code, imprisonment for life, which can not be 16
mitigated or varied under any law, or is liable to an indefinite 17
sentence under part 10. 18
`(3) For the indefinite sentence under part 10 mentioned in 19
subsection (2), the sentence of imprisonment for life, which 20
can not be mitigated or varied under any law, is-- 21
(a) the nominal sentence under section 163(2); and 22
(b) the finite sentence under section 173(1)(b).'. 23
Clause 8 Amendment of s 171 (Review--periodic) 24
Section 171-- 25
insert-- 26
`(4) A court that imposes an indefinite sentence for which the 27
nominal sentence is, under section 161E(2), life imprisonment 28
or a court of like jurisdiction must for the first time review the 29
indefinite sentence within 6 months after the offender has 30
served 20 years and not the 15 years or 50% of the nominal 31
sentence as prescribed under a previous subsection.'. 32
Page 6
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 3 Amendment of Penalties and Sentences Act 1992
[s 9]
Clause 9 Insertion of new pt 14, div 3 1
Part 14, at the end-- 2
insert-- 3
`Division 3 Transitional provision for Criminal 4
Law (Two Strike Child Sex 5
Offenders) Amendment Act 2012 6
`223 Transitional provision for s 161E 7
`(1) For applying section 161E, it does not matter whether the 8
previous offence was committed, or the offender was 9
convicted of the previous offence, before or after the 10
commencement. 11
`(2) For a previous offence mentioned in subsection (1) as having 12
been committed before the commencement, a reference in 13
schedule 1A to the provision to which the offence relates is 14
taken to be a reference to the provision as in force at any time 15
before the commencement. 16
`(3) This section applies despite the Acts Interpretation Act 1954, 17
section 20C(3) and the Criminal Code, section 11. 18
`(4) In this section-- 19
commencement means the commencement of this section. 20
previous offence, for applying section 161E, means an 21
offence mentioned in section 161E(1)(b).'. 22
Clause 10 Insertion of new sch 1A 23
After schedule 1-- 24
insert-- 25
`Schedule 1A Serious child sex offences 26
section 161D 27
Page 7
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 3 Amendment of Penalties and Sentences Act 1992
[s 10]
Criminal Code 1
Section Section heading or description of offence
208 Unlawful sodomy
213 Owner etc. permitting abuse of children on premises
215 Carnal knowledge with or of children under 16
219 Taking child for immoral purposes
222 Incest
229B Maintaining a sexual relationship with a child
349 Rape
352 Sexual assaults
Criminal Code (Provisions repealed by Criminal 2
Law Amendment Act 1997) 3
Section Section heading
208 Unlawful anal intercourse
222 Incest by man
Page 8
Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012
Part 3 Amendment of Penalties and Sentences Act 1992
[s 10]
Criminal Code (Provisions amended, 1
renumbered or repealed by Criminal Law 2
Amendment Act 2000) 3
Section Section heading
215 Carnal knowledge of girls under 16
337 Sexual assaults
347 Rape'.
© State of Queensland 2012
Page 9
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