Statutes Amendment (Sexual Offences) Bill 2023 (SA)

South Australia Statutes Amendment (Sexual Offences) Bill 2023 A Bill For An Act to amend the Bail Act 1985, the Child Sex Offenders Registration Act 2006, the Criminal Law Consolidation Act 1935 and the Sentencing Act 2017.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Bail Act 1985 3 Insertion of section 10AA 10AA Special considerations for child sexual material offences 4 Transitional provision Part 3—Amendment of Child Sex Offenders Registration Act 2006 5 Amendment of Schedule 1—Class 1 and 2 offences Part 4—Amendment of Criminal Law Consolidation Act 1935 6 Amendment of heading to Part 3 Division 12 7 Amendment of section 65A—Definitions relating to commercial sexual services 8 Amendment of section 66—Sexual servitude and related offences 9 Amendment of section 67—Deceptive recruiting for commercial sexual services 10 Amendment of section 68—Use of children in commercial sexual services Part 5—Amendment of Sentencing Act 2017 11 Amendment of section 40—Reduction of sentences for guilty pleas in other cases 12 Transitional provision

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Sexual Offences) Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Bail Act 1985 3—Insertion of section 10AA After section 10 insert: 10AA—Special considerations for child sexual material offences (1) A bail authority considering an application for bail by an eligible person who has been charged with a child sexual material offence must, when having regard to the gravity of the offence in accordance with section 10(1)(a), take into account the harm that people who deal with child sexual material cause to children by contributing to demand for the abuse of children. (2) In this section— child sexual material means child exploitation material within the meaning of Part 3 Division 11A of the Criminal Law Consolidation Act 1935; child sexual material offence means an offence against section 63, 63AA, 63A or 63AAB of the Criminal Law Consolidation Act 1935. 4—Transitional provision The Bail Act 1985 as amended by this Part applies in relation to a person who applies for bail on or after the commencement of this Part (regardless of whether the relevant offence was committed before or after that commencement).