Statutes Amendment (Child Sex Offences) Bill 2022 (SA)

South Australia Statutes Amendment (Child Sex Offences) Bill 2022 A Bill For An Act to amend 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 Child Sex Offenders Registration Act 2006 3 Amendment of section 4—Interpretation 4 Insertion of section 4A 4A Meaning of reportable contact 5 Amendment of section 13—Initial report by registrable offender of personal details Part 3—Amendment of Criminal Law Consolidation Act 1935 6 Amendment of section 5AA—Aggravated offences 7 Amendment of section 49—Unlawful sexual intercourse 8 Amendment of section 56—Indecent assault 9 Amendment of section 58—Acts of gross indecency 10 Amendment of section 63—Production or dissemination of child exploitation material 11 Amendment of section 63AA—Production or dissemination of child‑like sex dolls 12 Amendment of section 63A—Possession of child exploitation material 13 Amendment of section 63AAB—Possession of child‑like sex dolls 14 Amendment of section 63B—Procuring child to commit indecent act etc 15 Amendment of section 68—Use of children in commercial sexual services 16 Amendment of section 139A—Dishonest communications with children Part 4—Amendment of Sentencing Act 2017 17 Amendment of section 52—Interpretation 18 Amendment of section 71—Home detention orders 19 Amendment of section 96—Suspension of imprisonment on defendant entering into bond

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Child Sex Offences) Act 2022. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Child Sex Offenders Registration Act 2006 3—Amendment of section 4—Interpretation Section 4(1), definition of reportable contact—delete "section 13(4)" and substitute: section 4A 4—Insertion of section 4A After section 4 insert: 4A—Meaning of reportable contact (1) For the purposes of this Act, a person has reportable contact with a child— (a) if— (i) the person has contact with the child consisting of— (A) any form of physical contact or close physical proximity with the child; or (B) any form of communication with the child (whether in person, in writing, by telephone or other electronic device); and (ii) the contact with the child— (A) occurs in the course of— • the person or the child visiting or residing at a dwelling (whether the person and the child are alone or with others); or • the person (whether alone or with others) supervising or caring for the child; or (B) involves the person providing contact details to the child or obtaining contact details from the child or otherwise inviting (in any manner) further contact or communication between the person and the child; or (b) if the person has contact of a kind, or occurring in circumstances, prescribed by the regulations. (2) For the purposes of subsection (1), a reference to a child includes— (a) a person who the registrable offender believes, at the time the contact occurs, is under the age of 18 years; and (b) a fictitious person represented to the registrable offender at the time the contact occurs as being a real person under the age of 18 years. (3) A reference to a dwelling in subsection (1)(a)(ii)(A) includes any form of accommodation (including temporary accommodation). (4) To avoid doubt, reportable contact includes contact that is supervised. 5—Amendment of section 13—Initial report by registrable offender of personal details Section 13(4), (5) and (6)—delete subsections (4), (5) and (6)