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CRIMINAL CODE AMENDMENT (CHILD SEX OFFENCES) BILL 2013

                 Western Australia


 Criminal Code Amendment (Child Sex
          Offences) Bill 2013

                    Contents

1.   Short title                       2
2.   Commencement                      2
3.   Act amended                       2
4.   Section 187 amended               2
5.   Section 204B amended              2
6.   Section 557K amended              3




                     49--1             page i
                           Western Australia


                      LEGISLATIVE COUNCIL


       Criminal Code Amendment (Child Sex
                Offences) Bill 2013

                               A Bill for


An Act to amend The Criminal Code.



The Parliament of Western Australia enacts as follows:




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     Criminal Code Amendment (Child Sex Offences) Bill 2013



     s. 1




1    1.         Short title
2               This is the Criminal Code Amendment (Child Sex Offences)
3               Act 2013.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on the day after that day.

9    3.         Act amended
10              This Act amends The Criminal Code.

11   4.         Section 187 amended
12              Delete section 187(1) and insert:
13

14              (1)   In this section --
15                    prohibited conduct means the doing of an act in a
16                    place outside Western Australia in respect of a child
17                    that, if done in Western Australia, would constitute an
18                    offence under Chapter XXXI.
19


20   5.         Section 204B amended
21        (1)   In section 204B(1) delete the definition of electronic
22              communication.
23        (2)   In section 204B(1) insert in alphabetical order:
24

25                    electronic includes electrical, digital, magnetic, optical,
26                    electromagnetic, biometric and photonic;




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                  Criminal Code Amendment (Child Sex Offences) Bill 2013



                                                                         s. 6



1               electronic communication --
2                 (a) means a communication by electronic means;
3                       and
4                 (b) without limiting paragraph (a), includes a
5                       communication by any of these means --
6                          (i) email;
7                         (ii) the Internet;
8                        (iii) facsimile;
9                        (iv) telephone, including mobile telephone;
10                        (v) radio;
11                       (vi) television;
12


13   6.   Section 557K amended
14        In section 557K(1) in the definition of child sex offender after
15        paragraph (c) insert:
16

17              (da)   an offence under any of these provisions of The
18                     Criminal Code set out in the Schedule to the
19                     Criminal Code Act 1995 (Commonwealth) --
20                        (i) Division 272 -- Child sex offences
21                            outside Australia;
22                       (ii) Division 273 -- Offences involving
23                            child pornography material or child
24                            abuse material outside Australia;
25                      (iii) Division 474 Subdivision D --
26                            Offences relating to use of carriage
27                            service for child pornography material
28                            or child abuse material;
29                      (iv) Division 474 Subdivision F -- Offences
30                            relating to use of carriage service
31                            involving sexual activity with person
32                            under 16;

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    Criminal Code Amendment (Child Sex Offences) Bill 2013



    s. 6



1                        or
2                 (db)   an offence under the repealed Part IIIA
3                        Division 2 of the Crimes Act 1914
4                        (Commonwealth); or
5


6




 


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