Statutes Amendment (Child Exploitation and Encrypted Material) Bill

Final Stages

The House of Assembly agreed to amendments Nos 2, 4 to 7, 14 to 19, 23, 24 and 27 to 29 made by the Legislative Council without any amendment; disagreed to amendments Nos 1, 8 to 11, 13, 20 to 22, 25 and 26; disagreed to amendment No. 3 and made an alternative amendment as indicated in the following schedule in lieu thereof; and made a consequential amendment as indicated in the following schedule:

Schedule of the Amendment made by the Legislative Council to which the House of Assembly has disagreed and an alternative Amendment made in lieu thereof

Legislative Council's Amendment

No. 3. Clause 11, page 7, lines 36 to 39 [inserted section 74NB, definition of serious offence]—Delete the definition of serious offence

House of Assembly's Alternative Amendment in lieu thereof

Clause 11, page 7, lines 36 to 39 [inserted section 74NB, definition of serious offence]—Delete the definition of serious offence and substitute:

serious offence means—

(a) an offence listed in Schedule 3; or

(b) an offence prescribed by the regulations for the purposes of this definition.

Schedule of the consequential Amendment made by the House of Assembly

New Clause, page 16, after line 17—After clause 11 insert:

12—Insertion of Schedule 3

After Schedule 2 insert:

Schedule 3—Serious offences (section 74BN(1))

1—Serious offences

For the purposes of the definition of serious offence in section 74BN(1), the following are serious offences:

(a) the following offences under this Act:

(i) an offence under section 26B, 26C, 26D or 26DA;

(ii) an offence under section 37;

(iii) an offence under section 44 or 44A;

(b) the following offences under the Controlled Substances Act 1984:

(i) an offence under section 32;

(ii) an offence under section 33F or 33G;

(iii) an offence under section 33GA, 33GB or 33H;

(c) the following offences under the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth:

(i) an offence under Division 72 Subdivision A;

(ii) an offence under Part 5.3;

(iii) an offence under Part 5.5;

(d) the following offences under the Criminal Law Consolidation Act 1935:

(i) an offence under section 11, 12 or 12A;

(ii) an offence under section 19;

(iii) an offence under section 19AA;

(iv) an offence under section 20A;

(v) an offence under section 34A or 34B;

(vi) an offence under section 39 or 40;

(vii) an offence under section 48, 48A or 49;

(viii) an offence under section 50 or 51;

(ix) an offence under section 56;

(x) an offence under section 58, 59, 60 or 61;

(xi) an offence under section 63, 63A, 63AB or 63B;

(xii) an offence under section 66, 67 or 68;

(xiii) an offence under section 80;

(xiv) an offence under section 83CA;

(xv) an offence under section 83E;

(xvi) an offence under section 83GC, 83GD or 83GE;

(xvii) an offence under section 86E, 86F, 86G, 86H or 86I;

(xviii) an offence under section 138;

(xix) an offence under section 139A;

(xx) an offence under section 144C or 144D;

(xxi) an offence against a corresponding previous enactment substantially similar to an offence referred to in a preceding subparagraph;

(e) the following offences under the Firearms Act 2015:

(i) an offence under section 9;

(ii) an offence under section 10 or 11;

(iii) an offence under section 22;

(iv) an offence under section 37 or 38;

(v) an offence under section 39 or 40;

(vi) an offence under section 45;

(f) an offence under section 18 of the Terrorism (Police Powers) Act 2005.

At 17:30 the council adjourned until Wednesday 3 April 2019 at 14:15.