House debates

Thursday, 18 March 2010

Crimes Legislation Amendment (Sexual Offences Against Children) Bill 2010

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)   Schedule 1, item 4, page 26 (after line 15), after section 273.2, insert:

        273.2A Consent to commencement of proceedings where defendant under 18

        (1)    Proceedings for an offence against this Division must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.

        (2)    However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

(2)    Schedule 1, item 28, page 50 (after line 6), after section 474.24B, insert:

        474.24C Consent to commencement of proceedings where defendant under 18

        (1)    Proceedings for an offence against this Subdivision must not be commenced without the consent of the Attorney-General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.

        (2)    However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

4:22 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | | Hansard source

I move:

That the amendments be agreed to.

These amendments address issues raised during the Senate Standing Committee on Legal and Constitutional Affairs inquiry into the bill on the issue of sexting. The amendments insert new provisions requiring the consent of the Attorney-General before proceedings can be commenced against a person under 18 for an overseas or internet child pornography offence. I commend the amendments to the House.

Photo of Ms Anna BurkeMs Anna Burke (Chisholm, Deputy-Speaker) Share this | | Hansard source

The question is that the amendments be agreed to.

Question agreed to.