Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES AMENDMENT (SEXUAL OFFENCES) ACT 2016 (NO. 47 OF 2016) - SECT 35

Confiscation Act 1997

    (1)     In section 7C(a)(ii) of the Confiscation Act 1997 , for "production or dissemination of child pornography" substitute "production or distribution of child abuse material".

    (2)     In section 7C(a)(iia) of the Confiscation Act 1997 , for "section 70AAAB, 70AAAC or 70AAAD" substitute "section 51E(1), 51F(1) or 51I(1)".

    (3)     For section 77(1)(ca) of the Confiscation Act 1997 substitute

    "(ca)     child abuse material as defined in section 51A of the Crimes Act 1958 ; or

        (cb)     electronic material as defined in section 51A of the Crimes Act 1958 that contains child abuse material as defined in that section; or

Note

A disposal order in respect of child abuse material results in the destruction or disposal of the child abuse material. A disposal order in respect of electronic material that contains child abuse material results in the destruction or disposal of the electronic material.".

    (4)     Item 16 of Schedule 1 to the Confiscation Act 1997 is repealed .

    (5)     For clause 2(ba) of Schedule 2 to the Confiscation Act 1997 substitute

    "(ba)     section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services) where—

              (i)     only one offence is charged and the value of the commercial sexual services provided is $50 000 or more; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the commercial sexual services provided is $75 000 or more;

        (bab)         section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude) where—

              (i)     only one offence is charged and the value of the commercial sexual services provided is $50 000 or more; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the commercial sexual services provided is $75 000 or more;

        (bac)     section 53D(1) (conducting a business in circumstances involving sexual servitude) where—

              (i)     only one offence is charged and the value of the commercial sexual services provided is $50 000 or more; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the commercial sexual services provided is $75 000 or more;".

    (6)     In clause 2(bb) of Schedule 2 to the Confiscation Act 1997 , for "section 60AC" substitute "section 53E(1)".

    (7)     In clause 2(bc) of Schedule 2 to the Confiscation Act 1997 , for "section 60AD" substitute "section 53F(1)".

    (8)     In clause 2(bd) of Schedule 2 to the Confiscation Act 1997 , for "section 60AE" substitute "section 53G(1)".

    (9)     For clause 4(b) of Schedule 2 to the Confiscation Act 1997 substitute

    "(b)     being involved in the commission of—".

    (10)     At the foot of clause 4 of Schedule 2 to the Confiscation Act 1997 insert

" Note

Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in the commission of offences.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback