Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15Y

Proceedings involving children

  (1)   This Part   contains special rules for children involved in proceedings to which this subsection applies. This subsection applies to proceedings for any of the following offences:

  (b)   an offence against section   71.8 of the Criminal Code (sexual assault of United Nations and associated personnel);

  (ba)   an offence against Division   268 of the Criminal Code that is:

  (ia)   genocide (within the meaning of that Code); or

  (i)   a crime against humanity (within the meaning of that Code); or

  (ii)   a war crime (within the meaning of that Code); or

  (iii)   a crime against the administration of the justice of the International Criminal Court (within the meaning of that Code);

  (c)   an offence against Division   270 of the Criminal Code (slavery and slavery - like offences);

  (caa)   an offence against Division   271 of the Criminal Code (trafficking in persons);

  (cab)   an offence against Division   272 of the Criminal Code (child sex offences outside Australia);

  (cac)   an offence against Division   273 of the Criminal Code (offences involving child abuse material outside Australia);

  (cad)   an offence against Division   273B of the Criminal Code (protection of children);

  (cae)   an offence against Division   274 of the Criminal Code (torture);

  (caf)   an offence against Division   309 of the Criminal Code (drug offences involving children);

  (ca)   an offence against Subdivision B or C of Division   471 of the Criminal Code (offences relating to use of postal or similar service involving sexual activity with person under 16);

  (cba)   an offence against Subdivision D or F of Division   474 of the Criminal Code (offences relating to use of carriage service involving sexual activity with, or harm to, person under 16);

  (cbb)   an offence against Part   IIIA of this Act as in force at any time before the commencement of Schedule   1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 ;

  (cbc)   an offence against any of the following arising under section   6 of the Crimes at Sea Act 2000 :

  (i)   Part   3 (Sexual offences) of the Crimes Act 1900 (ACT);

  (ii)   Part   3A (Intimate image abuse) of the Crimes Act 1900 (ACT);

  (iii)   Part   4 (Female genital mutilation) of the Crimes Act 1900 (ACT);

  (iv)   Part   5 (Sexual servitude) of the Crimes Act 1900 (ACT);

  (cbd)   an offence against section   14 or 15 of the Crimes (Aviation) Act 1991 arising under any of the following:

  (i)   Part   3 (Sexual offences) of the Crimes Act 1900 (ACT);

  (ii)   Part   3A (Intimate image abuse) of the Crimes Act 1900 (ACT);

  (iii)   Part   4 (Female genital mutilation) of the Crimes Act 1900 (ACT);

  (iv)   Part   5 (Sexual servitude) of the Crimes Act 1900 (ACT);

  (cb)   an aggravated offence against Subdivision C of Division   12 of Part   2 of the Migration Act 1958 ;

  (d)   a sexual offence specified in the regulations;

  (e)   an offence that includes the commission of, or the intention to commit, an offence of a kind referred to in one of the preceding paragraphs of this subsection;

  (f)   an offence of:

  (i)   attempting to commit; or

  (ii)   conspiring to commit; or

  (iii)   inciting the commission of;

    an offence of a kind referred to in one of the preceding paragraphs of this subsection.

Note:   Schedule   1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 commenced on 15   April 2010.

Proceedings involving adult complainants

  (2)   This Part   contains special rules for adult complainants involved in proceedings to which this subsection applies. This subsection applies to proceedings for any of the following offences:

  (aa)   an offence against section   71.8 of the Criminal Code (sexual assault of United Nations and associated personnel);

  (ab)   an offence against Division   268 of the Criminal Code that is:

  (ia)   genocide (within the meaning of that Code); or

  (i)   a crime against humanity (within the meaning of that Code); or

  (ii)   a war crime (within the meaning of that Code); or

  (iii)   a crime against the administration of the justice of the International Criminal Court (within the meaning of that Code);

  (a)   an offence against Division   270 of the Criminal Code (slavery and slavery - like offences);

  (b)   an offence against Division   271 of the Criminal Code (trafficking in persons);

  (bd)   an offence against Division   274 of the Criminal Code (torture);

  (bi)   an offence against any of the following arising under section   6 of the Crimes at Sea Act 2000 :

  (i)   Part   3 (Sexual offences) of the Crimes Act 1900 (ACT);

  (ii)   Part   3A (Intimate image abuse) of the Crimes Act 1900 (ACT);

  (iii)   Part   4 (Female genital mutilation) of the Crimes Act 1900 (ACT);

  (iv)   Part   5 (Sexual servitude) of the Crimes Act 1900 (ACT);

  (bj)   an offence against section   14 or 15 of the Crimes (Aviation) Act 1991 arising under any of the following:

  (i)   Part   3 (Sexual offences) of the Crimes Act 1900 (ACT);

  (ii)   Part   3A (Intimate image abuse) of the Crimes Act 1900 (ACT);

  (iii)   Part   4 (Female genital mutilation) of the Crimes Act 1900 (ACT);

  (iv)   Part   5 (Sexual servitude) of the Crimes Act 1900 (ACT);

  (bk)   an aggravated offence against Subdivision C of Division   12 of Part   2 of the Migration Act 1958 ;

  (bl)   a sexual offence specified in the regulations;

  (c)   an offence that includes the commission of, or the intention to commit, an offence of a kind referred to in one of the preceding paragraphs of this subsection;

  (d)   an offence of:

  (i)   attempting to commit; or

  (ii)   conspiring to commit; or

  (iii)   inciting the commission of;

    an offence of a kind referred to in one of the preceding paragraphs of this subsection.

Note:   Schedule   1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 commenced on 15   April 2010.

Proceedings involving special witnesses

  (3)   This Part   contains special rules that can apply for special witnesses involved in proceedings for any Commonwealth offence.

Related proceedings included

  (4)   Each of subsections   (1), (2) and (3) also applies to any proceedings connected with a proceeding referred to in that subsection.

Example:   Committal proceedings.

  (5)   Similarly, subsection   15YAB(1) (about special witnesses) also applies to any proceedings connected with a proceeding for a Commonwealth offence.