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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-06-05 Daily Xml
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Criminal Law Consolidation (Dishonest Communication with Children) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. R.I. LUCAS (Treasurer) (17:54): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The Criminal Law Consolidation (Dishonest Communication with Children) Amendment Bill 2018 amends the Criminal Law Consolidation Act 1935 to include two new offences to apply where an adult communicates with a child and lies about their age or identity, seeking to meet with the child or with the intent to commit an offence against a child. Serious penalties will apply.

The Bill is prompted by the tragic death of Carly Ryan in 2007, who was pursued online by an adult predator who pretended to be a teenage boy and groomed, deceived and subsequently murdered Carly after she rejected his advances.

This Bill will promote the safety of children and counter predatory behaviour by adults towards children. The offences in the Bill will act as a deterrent to such predatory behaviour and will allow the early intervention of law enforcement into grooming activity.

The first new offence will make it an offence punishable by a maximum of five years imprisonment for a person to knowingly communicate with a child and to make a false statement that the person is younger than they are or someone other than who they are in such communications and meet or arrange to meet a child.

The second new offence makes it an offence punishable by a maximum of ten years imprisonment for a person with the intention of committing an offence against the child to knowingly communicate with a child and to make a false statement that the person is younger than they are or someone other than who they are in such communications.

The offences in the Bill apply to persons of or over the age of 18 years. A child is defined as a person under the age of 17 years.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Insertion of Part 5 Division 5A

This clause inserts new Part 5 Division 5A into the principal Act dealing with dishonest communication with children:

Division 5A—Dishonest communication with children

139A—Dishonest communication with children

This section creates two offences. Subsection (1) makes it an offence for an adult to lie in communication with a child by stating that they are younger than they are or someone other than who they are, and for the adult to meet or arrange to meet with that child. This is a minor indictable offence.

Subsection (2) creates an offence similar to that in subsection (1), however it does not require the adult to have met with or arranged to meet with the child but requires that the adult has intent to commit an offence against the child in lying in such communication. This is a major indictable offence.

It should be noted that for the purpose of these offences, a child is someone aged 16 years or younger.

Debate adjourned on motion of Hon. E.S. Bourke.

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