So Et m ++ AUDAX - AT: FIDELIS + Queensland Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 Queensland Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 Contents Page Shorttitle .. 0... eee 4 Code amended. .... 0.2... 2c eee 4 Insertion of new ch 22AA..... 2.2... cee eee ee 4 Chapter 22AA _ Filming or possessing images of violence against children 229BA Definitions. ........... 0.00... eee eee eee 4 229BB Involving child in making schoolchild bullying material eee eee 5 229BC Making schoolchild bullying material ............. 5 229BD Distributing schoolchild bullying material.......... 6 229BE Possessing schoolchild bullying material.......... 6 229BF Defences for ss 229BB-229BE ................. 7 229BG Forfeiture of schoolchild bullying material and things used to make, distribute or possess the material... . 7 229BH Seizure of prescribed device containing schoolchild bullying material. .............. 0.000. e eee eee 8 A Bill for An Act to amend the Criminal Code in relation to schoolchild bullying material to provide, in particular, for immediate confiscation of devices used for filming or possessing images of violence against schoolchildren Clause Clause Clause Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 [s 1] The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Act 2010. 2 Code amended This Act amends the Criminal Code. 3 Insertion of new ch 22AA Before chapter 22A— insert— 'Chapter 22AA Filming or possessing images of violence against children '229BA Definitions 'In this chapter— bullying means an act of physical violence, or physical or verbal intimidation or abuse against a person that a reasonable adult would consider— (a) is unreasonable conduct; and (b) could cause the person embarrassment, humiliation or other distress if visually recorded. prescribed offence means an offence against section 229BB, 229BC, 229BD or 229BE. Page 4 nAkRwW NY a OAD NN fF \o 23 Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 [s 3] schoolchild means a child who is enrolled to attend a State school, or non-State school, within the meaning of the Education (General Provisions) Act 2006. schoolchild bullying material means material— (a) that is not child exploitation material under section 207A; and (b) that, in a way likely to cause offence to a reasonable adult, describes or depicts someone who is, or apparently is, a schoolchild under 16 years being subjected to bullying. '229BB Involving child in making schoolchild bullying material ") 2) A person who involves a child in the making of schoolchild bullying material commits a crime. Maximum penalty— (a) if the person was an adult when the person committed the crime—5 years imprisonment or 40 penalty units; or (b) _ if the person was a child when the person committed the crime—1 year's imprisonment or 8 penalty units. In this section— involves, a child in the making of schoolchild bullying material, includes— (a) in any way concerns a child in the making of schoolchild bullying material; and (b) attempts to involve a child in the making of schoolchild bullying material. '229BC Making schoolchild bullying material ") A person who makes schoolchild bullying material commits a crime. Maximum penalty— Page 5 COmMAN AN FP WNK So COD ND WN BW NR NX So NW NOR NN BW NN nn 29 Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 [s 3] 2) (a) (b) if the person was an adult when the person committed the crime—5 years imprisonment or 40 penalty units; or if the person was a child when the person committed the crime—1 year's imprisonment or 8 penalty units. In this section— make, schoolchild bullying material, includes— (a) (b) produce schoolchild bullying material; and attempt to make schoolchild bullying material. '229BD Distributing schoolchild bullying material ") A person who distributes schoolchild bullying material commits a crime. 2) Maximum penalty— (a) (b) if the person was an adult when the person committed the crime—5 years imprisonment or 40 penalty units; or if the person was a child when the person committed the crime—1 year's imprisonment or 8 penalty units. In this section— distribute, schoolchild bullying material, includes— (a) (b) (c) (d) communicate, exhibit, send, supply or transmit schoolchild bullying material to someone, whether to a particular person or not; and make schoolchild bullying material available for access by someone, whether by a particular person or not; and enter into an agreement or arrangement to do something mentioned in paragraph (a) or (b); and attempt to distribute schoolchild bullying material. '229BE Possessing schoolchild bullying material Page 6 'A person who knowingly possesses schoolchild bullying material commits a crime. eoarAI DN FW NK ont an FW NY FO Nw ro) NN Wh Nw ns N fom 29 Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 [s 3] Maximum penalty— (a) if the person was an adult when the person committed the crime—2 years imprisonment or 16 penalty units; or (b) _ if the person was a child when the person committed the crime—6 months imprisonment or 4 penalty units. '229BF Defences for ss 229BB-229BE '(1)_ It is a defence for a person charged with a prescribed offence to prove that— (a) the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and (b) the person's conduct was, in the circumstances, reasonable for that purpose. Example of something made for a public benefit purpose— a current affairs television program showing children being subjected to bullying '(2) Whether conduct was engaged in for a purpose mentioned in subsection (1)(a) is a question of fact. '229BG Forfeiture of schoolchild bullying material and things used to make, distribute or possess the material '(1)_ This section applies if a person is prosecuted for a prescribed offence. '(2) Whether or not the person is convicted of the offence, the court may order the photograph, visual image, or material that is the subject of the offence be forfeited to the State. '(3) If the person is convicted of the offence, the court may also order that anything used to commit the offence be forfeited to the State. Example of a thing used to commit the offence— a computer, camera, mobile phone, sound recording device, video recorder Page 7 AB WN o OND ern AN WN KO 22 242731 Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 [s 3] (4) "O) (6) 7) Subsections (2) and (3) apply whether the thing to be forfeited has been seized or is in its owner's possession. The court may also make any order that it considers appropriate to enforce the forfeiture. This section does not limit the court's powers under the Penalties and Sentences Act 1992, the Criminal Proceeds Confiscation Act 2002 or another law. When forfeited to the State, the thing becomes the State's property and may be dealt with as directed by the chief executive. '229BH Seizure of prescribed device containing schoolchild bullying material Page 8 ") 2) 'B) (4) "O) (6) If a police officer reasonably believes a prescribed device has just been used, or is being used, to commit a prescribed offence, the police officer may seize the device. If a school principal or teacher reasonably believes a prescribed device within the school boundaries has just been used, or is being used, to commit a prescribed offence, the school principal or teacher may seize the device. A teacher who seizes a prescribed device under subsection (2) must give the device to the school principal. A police officer, school principal or teacher who seizes a prescribed device under this section must give a receipt for it to the person from whom it was seized if the person asks for a receipt. The receipt must describe generally the seized device and its condition and must be given to the person from whom the device was seized by the next business day after the device is seized. A school principal who seizes a prescribed device under subsection (2), or is given a prescribed device under subsection (3), must— (a) give the device to a police officer if the school principal considers it appropriate to do so; or Om NDN PW NK So COPAAID NW NE NW re oO NWNnNnn nABWN Nwny OowMrND WW WwW NRO WwW Kw Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) 7) "(8) 9) "(10) "1) Amendment Bill 2010 [s 3] (b) otherwise, return the device to the person from whom it was seized. If, after examining a device seized under subsection (1), the police officer who seized it no longer has the belief mentioned in the subsection, the police officer must return the device to the person from whom it was seized. If, after examining a device given to a police officer under subsection (6), the police officer does not believe the device had just been used, or was being used, to commit a prescribed offence, the police officer must return the device to the person from whom it was seized. A prescribed device required to be returned to a person under subsection (6)(b), (7) or (8) must be returned to the person by the next business day after the device is seized. Subsections (3) and (6) to (9) apply despite section 682. In this section— prescribed device means a mobile phone, computer or other thing. Example of other thing— a camera, sound recording device or video recorder school principal means, if the school has no position by that name, the person responsible for the school's day-to-day management. teacher— (a) means a person who undertakes duties in a school that include any of the following— (i) delivering an educational program; (ii) assessing student participation in an educational program; (iii) otherwise administering an educational program; and (b) includes a teacher's aide.'. Page 9 CAN DANNKW NRE COMIN DN WN KO iS) Oo 2226 29 31