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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
SENTENCING AMENDMENT (SEXUAL
OFFENCES) BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 11A inserted
11A. Matters to be taken or not taken into account in
sentencing certain sexual offenders
5. Repeal of Act
[Bill 43]-III
2
SENTENCING AMENDMENT (SEXUAL
OFFENCES) BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 August 2016
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Sentencing Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Sentencing
Amendment (Sexual Offences) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 43] 3
Sentencing Amendment (Sexual Offences) Act 2016
Act No. of
s. 3
3. Principal Act
In this Act, the Sentencing Act 1997* is referred
to as the Principal Act.
4. Section 11A inserted
After section 11 of the Principal Act, the
following section is inserted in Part 2:
11A. Matters to be taken or not taken into
account in sentencing certain sexual
offenders
(1) In this section -
aggravating circumstance, in relation
to a sexual offence, includes, but
is not limited to, the following:
(a) the victim being under the
care, supervision or
authority of the offender;
(b) the victim being a person
with a disability;
(c) the victim being under the
age of 13 years;
(d) the offender committing
the offence in whole or in
part in the presence of any
other person or persons,
besides the victim;
*No. 59 of 1997
4
Sentencing Amendment (Sexual Offences) Act 2016
Act No. of
s. 4
(e) the offender subjecting
the victim to violence or
the threat of violence;
(f) the offender supplying the
victim with alcohol or
drugs with the intention of
facilitating the
commission of the
offence;
(g) the offender making
forced or uninvited entry
into the victim's home or
other premises;
(h) the offender doing, in the
course of committing the
sexual offence, an act
likely to seriously and
substantially degrade or
humiliate the victim;
(i) the offender causing any
other person or persons to
carry out an act referred
to in paragraph (e), (f), (g)
or (h) of this definition;
disability means any restriction or lack
(resulting from any absence, loss
or abnormality of mental,
psychological, physiological or
anatomical structure or function)
of ability to perform an activity in
a normal manner;
5
Sentencing Amendment (Sexual Offences) Act 2016
Act No. of
s. 4
sexual offence means -
(a) a crime under section 124,
125, 125A, 125B, 125C,
126, 127, 127A, 129, 130,
130A, 133 or 185 of the
Criminal Code; or
(b) an attempt to commit a
crime referred to in
paragraph (a) of this
definition.
(2) In determining the appropriate sentence
for an offender convicted of a sexual
offence -
(a) the court is to take into account
any aggravating circumstance in
relation to the sexual offence; and
(b) the court is not to take into
account the offender's good
character or lack of previous
convictions if the court is
satisfied that the offender's
alleged good character or lack of
previous convictions was of
assistance to the offender in the
commission of the sexual
offence.
6
Sentencing Amendment (Sexual Offences) Act 2016
Act No. of
s. 5
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7