South Australia
Statutes Amendment (Child Sex Offences) Bill 2021
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
3	Amendment provisions
Part 2—Amendment of Child Sex Offenders Registration Act 2006
4	Amendment of section 4—Interpretation
5	Insertion of section 4A
4A	Meaning of reportable contact
6	Amendment of section 13—Initial report by registrable offender of personal details
7	Amendment of Schedule 1—Class 1 and 2 offences
8	Transitional provisions
Part 3—Amendment of Criminal Law Consolidation Act 1935
9	Amendment of section 5AA—Aggravated offences
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 139A—Dishonest communications with children
Part 4—Amendment of Sentencing Act 2017
16	Amendment of section 52—Interpretation
17	Amendment of section 71—Home detention
18	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 2021.
2—Commencement
This Act comes into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Child Sex Offenders Registration Act 2006
4—Amendment of section 4—Interpretation
Section 4(1), definition of reportable contact—delete "section 13(4)" and substitute:
section 4A
5—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.
6—Amendment of section 13—Initial report by registrable offender of personal details
Section 13(4), (5) and (6)—delete subsections (4), (5) and (6)
7—Amendment of Schedule 1—Class 1 and 2 offences
	(1)	Schedule 1, clause 2(e)—delete paragraph (e) and substitute:
	(e)	an offence against section 49(1), (3) or (5) of the Criminal Law Consolidation Act 1935 (offences relating to unlawful sexual intercourse) other than an offence that occurred in prescribed circumstances;
	(eea)	an offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) if the victim was a child;
	(2)	Schedule 1, clause 2(k)—after "Sentencing Act 2017" insert:
as in force before the commencement of the Sentencing (Serious Repeat Offenders) Amendment Act 2020
	(3)	Schedule 1, clause 2—after paragraph (k) insert:
	(ka)	an offence resulting in the person being sentenced as a serious repeat offender under section 53(1)(b) of the Sentencing Act 2017 if, in at least 2 of the relevant serious sexual offences, the victim was a child;
	(4)	Schedule 1, clause 2(q)—after "Commonwealth" insert:
as in force before the commencement of the Crimes Legislation Amendment (Slavery, Slavery‑like Conditions and People Trafficking) Act 2013 of the Commonwealth
	(5)	Schedule 1, clause 3—after paragraph (a) insert:
	(aa)	an offence against section 23 of the Criminal Law Consolidation Act 1935 (causing serious harm) if—
	(i)	the victim was a child; and
	(ii)	the offence arises from the same incident as a sexual offence;
	(6)	Schedule 1, clause 3—after paragraph (f) insert:
	(fa)	an offence against section 63AAB of the Criminal Law Consolidation Act 1935 (possession of child‑like sex dolls);
	(7)	Schedule 1, clause 3(ja)—delete paragraph (ja)
	(8)	Schedule 1, clause 3—after paragraph (k) insert:
	(ka)	an offence against section 139A of the Criminal Law Consolidation Act 1935 (dishonest communication with children);
	(9)	Schedule 1, clause 3—after paragraph (sa) insert:
	(saa)	an offence against section 272.15A of the Criminal Code of the Commonwealth;
	(10)	Schedule 1, clause 3—after paragraph (sbc) insert:
	(sbd)	an offence against section 273A.1 of the Criminal Code of the Commonwealth;
	(11)	Schedule 1, clause 3—after paragraph (si) insert:
	(sia)	an offence against section 471.25A of the Criminal Code of the Commonwealth;
	(12)	Schedule 1, clause 3—after paragraph (v) insert:
	(va)	an offence against section 474.22A of the Criminal Code of the Commonwealth;
	(13)	Schedule 1, clause 3—after paragraph (w) insert:
	(waa)	an offence against section 474.23A of the Criminal Code of the Commonwealth;
	(14)	Schedule 1, clause 3—after paragraph (wc) insert:
	(wd)	an offence against section 474.25C of the Criminal Code of the Commonwealth;
	(15)	Schedule 1, clause 3—after paragraph (y) insert:
	(ya)	an offence against section 474.27AA of the Criminal Code of the Commonwealth;
8—Transitional provisions
	(1)	Despite section 6(1)(a) of the Child Sex Offenders Registration Act 2006, a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 7(1) of this Act, the person was a registrable offender only because—
	(a)	the person was sentenced for an offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability); and
	(b)	the victim was, at the time of the relevant offence, of or above the age of 18 years.
	(2)	Despite section 6(1)(a) of the Child Sex Offenders Registration Act 2006, a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 7(7) of this Act, the person was a registrable offender only because the person was sentenced for an offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality).
	(3)	Despite section 34(2) of the Child Sex Offenders Registration Act 2006, a reference to an offence in section 34 of that Act does not extend to the following offences committed before the commencement of this subsection or for which a person was sentenced before the commencement of this subsection:
	(a)	an offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) where the victim was, at the time of the relevant offence, of or above the age of 18 years;
	(b)	an offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality).

Part 3—Amendment of Criminal Law Consolidation Act 1935
9—Amendment of section 5AA—Aggravated offences
Section 5AA(1)(e)(i)—delete "or Division 11A"
10—Amendment of section 63—Production or dissemination of child exploitation material
Section 63, penalty provision—delete the penalty provision and substitute:
Maximum penalty: Imprisonment for 15 years.
11—Amendment of section 63AA—Production or dissemination of child‑like sex dolls
Section 63AA, penalty provision—delete "10" and substitute:
15
12—Amendment of section 63A—Possession of child exploitation material
Section 63A(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: 
	(a)	for a first offence—imprisonment for 10 years;
	(b)	for a subsequent offence—imprisonment for 12 years.
13—Amendment of section 63AAB—Possession of child‑like sex dolls
Section 63AAB, penalty provision—delete "10" and substitute:
15
14—Amendment of section 63B—Procuring child to commit indecent act etc
	(1)	Section 63B(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: Imprisonment for 15 years.
	(2)	Section 63B(3), penalty provision—delete the penalty provision and substitute:
Maximum penalty: Imprisonment for 15 years.
15—Amendment of section 139A—Dishonest communications with children
	(1)	Section 139A(1)(a)—delete "child" and substitute:
person under the age of 17 years or a person they believe is under the age of 17 years (the victim)
	(2)	Section 139A(1)(c)—delete "child" and substitute:
victim
	(3)	Section 139A(2)(a)—delete "child" and substitute:
person under the age of 17 years or a person they believe is under the age of 17 years (the victim)
	(4)	Section 139A(2)—delete "child" and substitute:
victim
	(5)	Section 139A(3)—delete subsection (3) and substitute:
	(3)	For the purposes of this section, it does not matter that the victim is a fictitious person represented to the defendant as a real person.

Part 4—Amendment of Sentencing Act 2017
16—Amendment of section 52—Interpretation
	(1)	Section 52, definition of serious sexual offence, (a)—after "63B" insert:
(1)
	(2)	Section 52, definition of serious sexual offence—after paragraph (a) insert:
	(ab)	an offence under section 63B(3) of the Criminal Law Consolidation Act 1935 where—
	(i)	the victim was under the age of 14 years at the time of the offence; or
	(ii)	the victim was a fictitious person represented to the defendant as a real person whom the defendant believed to be under the age of 14 years at the time of the offence.
17—Amendment of section 71—Home detention
Section 71—after subsection (6) insert:
	(6aa)	If—
	(a)	the defendant commits an offence under section 63B(3) of the Criminal Law Consolidation Act 1935; and
	(b)	by reason of that offence, the defendant is taken to have committed a serious sexual offence or a prescribed serious sexual offence for the purposes of this section; and
	(c)	the victim of the offence is a fictitious person represented to the defendant as a real person,
the court may, in considering the circumstances of the offending for the purposes of subsection (6)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence.
18—Amendment of section 96—Suspension of imprisonment on defendant entering into bond
Section 96—after subsection (10) insert:
	(10a)	If—
	(a)	the defendant commits an offence under section 63B(3) of the Criminal Law Consolidation Act 1935; and
	(b)	by reason of that offence, the defendant is taken to have committed a serious sexual offence for the purposes of this section; and
	(c)	the victim of the offence is a fictitious person represented to the defendant as a real person,
the court may, in considering the circumstances of the offending for the purposes of subsection (10)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence.