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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL LAW CONSOLIDATION (CHILD PORNOGRAPHY) AMENDMENT BILL 2010

South Australia

Criminal Law Consolidation (Child Pornography) Amendment Bill 2010

A BILL FOR

An Act to amend the Criminal Law Consolidation Act 1935.


Contents

Part 1—Preliminary
1 Short title
2 Amendment provisions

Part 2—Amendment of Criminal Law Consolidation Act 1935
3 Amendment of section 62—Interpretation
4 Amendment of section 63B—Procuring child to commit indecent act etc


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law Consolidation (Child Pornography) Amendment Act 2010.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Amendment of section 62—Interpretation

(1) Section 62, definition of child—delete the definition

(2) Section 62, definition of child pornography, (a)(i)—after "child" insert:

under, or apparently under, the age of 18 years

(3) Section 62, definition of child pornography, (a)(ii)—delete "of a child or bodily parts of a child (or what appears to be the image of a child or bodily parts of a child) or in the production of which" and substitute:

of (or what appears to be the image of) a child under, or apparently under, the age of 18 years, or of the bodily parts of such a child, or in the production of which such

4—Amendment of section 63B—Procuring child to commit indecent act etc

(1) Section 63B(1)(a)—delete "by a child of an indecent act" and substitute:

of an indecent act by a child under the age of 17 years

(2) Section 63B(1)(b)(i)—after "child" insert:

under the age of 17 years

(3) Section 63B(1)(b)(ii)—after "child" insert:

under the age of 18 years

(4) Section 63B(3)(a)—after "child" wherever occurring insert:

under the age of 17 years

(5) Section 63B(3)(b)—after "child" insert:

under the age of 17 years

(6) Section 63B—after subsection (3) insert:

(4) It is a defence to a charge under subsection (1)(a), (b)(i) or (3) to prove that—

(a) the child was, on the date on which the offence is alleged to have been committed, of or above the age of 16 years; and

(b) the accused—

(i) was, on the date on which the offence is alleged to have been committed, under the age of 17 years; or

(ii) believed on reasonable grounds that the child was of or above the age of 17 years.

(5) This section does not apply if the person and the child are legally married to each other.

 


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