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Call for Submissions

Submissions closed on Friday, 1 February 2013.

Consultation

The Government has undertaken some consultation on the Bill. For further information please refer to the Explanatory Notes.

Objective of the Bill

The main objectives of the Bill are to:

1. Amend the Criminal Code to:

• amend the definition of ‘child exploitation material’ in section 207A to ensure animated or virtual images of children are caught by the definition;
• insert a new circumstance of aggravation in sections 208 (Unlawful sodomy), 210 (Indecent treatment of children under 16) and 215 (Carnal knowledge with or of children under 16) where the offence is committed against a child with an impairment of the mind;
• provide a new offence of ‘grooming’, carrying a maximum penalty of five years imprisonment or 10 years if the child is under 12, to target adults who engage in any conduct in relation to a child under 16 years (or a person the adult believes is under the age of 16 years), with the intent to facilitate the procurement of the child to engage in a sexual act or expose the child to any indecent matter.
• increase the maximum penalties for the child exploitation material offences: from five years to 14 years imprisonment for the offence of possession (section 228D); and 10 years to 14 years imprisonment for the offences of involving a child in the making of child exploitation material (section 228A), making child exploitation material (section 228B) and distributing child exploitation material (section 228C);
• increase the maximum penalty for the offence of using the internet to procure children under 16 to engage in a sexual act (section 218A) from five years to 10 years imprisonment; increase the maximum penalty for the aggravated form of the offence (child under 12 years) from 10 years to 14 years imprisonment; and create a new circumstance of aggravation where the procuring conduct involves the offender meeting the child or travelling with the intention to meet the child;
• close a loophole under section 222 (Incest) that provides a defence to incest in cases where an adult engages in consensual sex with their de facto partner’s child being over the age of consent (aged 16 or 17 years) but not yet an adult (18 years); and
• amend section 568 (Cases in which several charges may be joined) to allow the ‘joinder’ of multiple offences relating to child exploitation material offences into a single count on an indictment.

2. Amend the Drugs Misuse Act 1986 (DMA) to:

• create a new offence of trafficking in precursors (substances used to manufacture dangerous drugs);
• amend the definition of ‘dangerous drug’ to overcome the evidentiary difficulties in proving an analogue has a substantially similar chemical structure and a substantially similar pharmacological effect to a scheduled dangerous drug (where the substance is new and has not been subjected to study);
• provide the District Court with the power to make forfeiture orders upon conviction of an offence under the DMA in relation to drugs, precursor chemicals, drug paraphernalia and proceeds derived from drugs; and
• clarify the meaning of section 10(4) which creates an offence of failure to take reasonable care and precaution with a hypodermic syringe or needle, to put beyond doubt that there is no requirement that the needle/syringe was used or intended to be used with respect to a dangerous drug.

3. Amend section 54 (Proof of identity of a person convicted) of the Evidence Act 1977 to provide a rebuttable presumption as to a previous conviction where an expert opines to the identity of an offender and to recognise that police may take identifying particulars from a suspect other than fingerprints, for example, a DNA sample.
4. Amend the Commission for Children and Young People and Child Guardian Act 2000 and the Disability Services Act 2006 regarding offences relevant to the issue and management of the Blue and Yellow Card systems.

Other Information

The Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Bill 2012 and the Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the Explanatory Speech for the Bill can be found here.

Reasons for the Bill

Further information, including the reasons for the Bill, appear in the Explanatory Notes which can be viewed here.

Referral

On 29 November 2012, the Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Bill 2012 into the Queensland Parliament.

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration. 

By resolution of the Committee of the Legislative Assembly, the Committee was required to report to the Parliament by 7 March 2013.

Report

On 7 March 2013, the Committee tabled its Report No. 23, Criminal Law (Child Exploitation and Dangerous Drugs Amendment Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 21 March 2013. A copy of the Government Response is available here or can be accessed at Related Publications.

The Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Bill 2012 was passed, with amendment, by the Legislative Assembly on 16 April 2013.