Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth)

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 No. 70, 2020 An Act to amend legislation relating to the criminal law, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Revocation of parole order or licence to protect safety Crimes Act 1914 Schedule 2—Use of video recordings Crimes Act 1914 Schedule 3—Cross‑examination of vulnerable persons at committal proceedings Crimes Act 1914 Schedule 4—Strengthening child sex offences Part 1—Main amendments Criminal Code Act 1995 Part 2—Amendments contingent on the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 Criminal Code Act 1995 Schedule 5—Increased penalties Criminal Code Act 1995 Schedule 6—Minimum sentences Part 1—Main amendments Crimes Act 1914 Part 2—Technical amendments Crimes Act 1914 Part 3—Amendments contingent on the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 Division 1—Amendments relating to the offence of possession of child‑like sex dolls etc. Crimes Act 1914 Division 2—Amendments relating to the offence of possessing or controlling child abuse material obtained or accessed using a carriage service Crimes Act 1914 Schedule 7—Presumption against bail Part 1—Court records Division 1—Main amendments Crimes Act 1914 Division 2—Amendments contingent on the Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 Crimes Act 1914 Part 2—Commonwealth child sex offenders Crimes Act 1914 Schedule 8—Matters court has regard to when passing sentence etc. Crimes Act 1914 Criminal Code Act 1995 Schedule 9—Additional sentencing factors for certain offences Criminal Code Act 1995 Schedule 10—Cumulative sentences Crimes Act 1914 Schedule 11—Conditional release of offenders after conviction Crimes Act 1914 Schedule 12—Additional sentencing alternatives Crimes Act 1914 Schedule 13—Revocation of parole order or licence Crimes Act 1914 Schedule 14—Definitions Crimes Act 1914 Schedule 15—Review of sentencing for Commonwealth child sex offences Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 No. 70, 2020 An Act to amend legislation relating to the criminal law, and for related purposes [Assented to 22 June 2020] The Parliament of Australia enacts: 1 Short title This Act is the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 22 June 2020 2. Schedules 1 and 2 The day after this Act receives the Royal Assent. 23 June 2020 3. Schedule 3 The 28th day after this Act receives the Royal Assent. 20 July 2020 4. Schedule 4, Part 1 The day after this Act receives the Royal Assent. 23 June 2020 5. Schedule 4, Part 2 The later of: 23 June 2020 (a) immediately after the commencement of the provisions covered by table item 4; and (paragraph (a) applies) (b) the commencement of Schedule 3 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 6. Schedule 5 The day after this Act receives the Royal Assent. 23 June 2020 7. Schedule 6, Parts 1 and 2 The day after this Act receives the Royal Assent. 23 June 2020 8. Schedule 6, Part 3, Division 1 The later of: 23 June 2020 (a) immediately after the commencement of the provisions covered by table item 7; and (paragraph (a) applies) (b) the commencement of Schedule 2 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 9. Schedule 6, Part 3, Division 2 The later of: 23 June 2020 (a) immediately after the commencement of the provisions covered by table item 7; and (paragraph (a) applies) (b) the commencement of Schedule 3 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 10. Schedule 7, Part 1, Division 1 The day after this Act receives the Royal Assent. 23 June 2020 11. Schedule 7, Part 1, Division 2 The later of: 23 June 2020 (a) immediately after the commencement of the provisions covered by table item 10; and (paragraph (a) applies) (b) the commencement of Schedule 1 to the Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 12. Schedule 7, Part 2 The day after this Act receives the Royal Assent. 23 June 2020 13. Schedule 8 The 28th day after this Act receives the Royal Assent. 20 July 2020 14. Schedules 9 to 12 The day after this Act receives the Royal Assent. 23 June 2020 15. Schedule 13 The 28th day after this Act receives the Royal Assent. 20 July 2020 16. Schedules 14 and 15 The day after this Act receives the Royal Assent. 23 June 2020 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Revocation of parole order or licence to protect safety Crimes Act 1914 1 After paragraph 19AU(3)(b) Insert: (ba) in the opinion of the Attorney‑General it is necessary to revoke the parole order or licence without giving notice to the person in the interests of ensuring the safety and protection of the community or of another person; or 2 Application provision The amendment made by this Schedule applies in relation to a revocation made on or after the commencement of this Schedule (whether the parole order was made, or the licence was granted, before, on or after that commencement). Schedule 2—Use of video recordings Crimes Act 1914 1 Subsection 15YM(1) Repeal the subsection, substitute: (1) A video recording of an interview of a person to whom subsection (1A) applies in a proceeding may be admitted as evidence in chief if a constable, or a person of a kind specified in the regulations, conducted the interview. 2 Subsections 15YM(2) and (3) Repeal the subsections. 3 Application and saving provisions (1) The amendments made by this Schedule apply in relation to proceedings begun on or after the commencement of this Schedule. (2) A regulation made for the purposes of paragraph 15YM(1)(a) of the Crimes Act 1914 and in force immediately before the commencement of this Schedule has effect, on and after that commencement, as if it had been made for the purposes of subsection 15YM(1) of that Act, as amended by this Schedule. Schedule 3—Cross‑examination of vulnerable persons at committal proceedings Crimes Act 1914 1 After paragraph 15YAB(3)(b) Insert: (ba) section 15YHA (about cross‑examinations at committal proceedings); 2 At the end of subsection 15YF(1) Add: Note: A person is not to cross‑examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA. 3 At the end of subsection 15YG(1) Add: Note: A person is not to cross‑examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA. 4 At the end of subsection 15YH(1) Add: Note: A person is not to cross‑examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA. 5 At the end of Division 3 of Part IAD Add: 15YHA Committal proceedings—cross‑examination of vulnerable persons (1) A person is not to cross‑examine, at committal proceedings or proceedings of a similar kind, a person to whom subsection (2) applies. (2) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. 6 Subsection 15YM(4) Omit "The", substitute "Subject to Division 3, the". 7 Subsection 15YM(4) (note) Omit "Note", substitute "Note 1". 8 At the end of subsection 15YM(4) Add: Note 2: Division 3 imposes limitations on cross‑examinations. For example, a person is not to cross‑examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA. 9 Application provision The amendments made by this Schedule apply in relation to proceedings begun on or after the commencement of this Schedule. Schedule 4—Strengthening child sex offences Part 1—Main amendments Criminal Code Act 1995 1 After paragraph 272.5(3)(b) of the Criminal Code Insert: (ba) section 272.15A ("grooming" person to make it easier to engage in sexual activity with a child outside Australia); or 2 Subsection 272.9(1) of the Criminal Code (before the penalty) Insert: Note: A person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity: see the definition of engage in sexual activity in the Dictionary. 3 Section 272.10 of the Criminal Code (heading) Repeal the heading, substitute: 272.10 Aggravated offence—sexual intercourse or other sexual activity with child outside Australia 4 Paragraph 272.10(1)(b) of the Criminal Code Repeal the paragraph, substitute: (b) one or more of the following apply: (i) the child has a mental impairment at the time the person commits the underlying offence; (ii) the person is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the person, at the time the person commits the underlying offence; (iii) the child is subjected to cruel, inhuman or degrading treatment in connection with the sexual activity referred to in subsection 272.8(1) or (2) or 272.9(1) or (2); (iv) the child dies as a result of physical harm suffered in connection with the sexual activity referred to in subsection 272.8(1) or (2) or 272.9(1) or (2). 5 Subsection 272.13(1) of the Criminal Code (before the penalty) Insert: Note: A person is taken to engage in sexual activity if the person is in the presence of another person (including by a means of communication that allows the person to see or hear the other person) while the other person engages in sexual activity: see the definition of engage in sexual activity in the Dictionary. 6 After section 272.15 of the Criminal Code Insert: 272.15A "Grooming" person to make it easier to engage in sexual activity with a child outside Australia (1) A person (the defendant) commits an offence if: (a) the defendant engages in conduct in relation to another person (the third party); and (b) the defendant does so with the intention of making it easier to procure a person (the child) to engage in sexual activity (whether or not with the defendant) outside Australia; and (c) the child is someone: (i) who is under 16; or (ii) who the defendant believes to be under 16; and (d) one or more of the following apply: (i) the conduct referred to in paragraph (a) occurs wholly or partly outside Australia; (ii) the third party or the child (or both) is outside Australia when the conduct referred to in paragraph (a) occurs; (iii) the conduct referred to in paragraph (a) occurs wholly in Australia and both the third party and the child are in Australia when that conduct occurs. Penalty: Imprisonment for 15 years. (2) Absolute liability applies to subparagraph (1)(c)(i) and paragraph (1)(d). Note 1: For absolute liability, see section 6.2. Note 2: For a defence based on belief about age, see section 272.16. (3) A person may be found guilty of an offence against subsection (1) even if it is impossible for the sexual activity referred to in that subsection to take place. (4) For the purposes of subsection (1), it does not matter that the third party or the child is a fictitious person represented to the person as a real person. 7 Subsection 272.16(3) of the Criminal Code (heading) Repeal the heading, substitute: Procuring and "grooming" offences—belief that child at least 16 8 Subsection 272.16(3) of the Criminal Code Omit "or 272.15", substitute ", 272.15 or 272.15A". 9 After section 471.25 of the Criminal Code Insert: 471.25A Using a postal or similar service to "groom" another person to make it easier to procure persons under 16 (1) A person (the sender) commits an offence if: (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with the sender; and (c) the child is someone who is, or who the sender believes to be, under 16; and (d) the sender is at least 18. Penalty: Imprisonment for 15 years. (2) A person (the sender) commits an offence if: (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person (the participant); and (c) the child is someone who is, or who the sender believes to be, under 16; and (d) the participant is someone who is, or who the sender believes to be, at least 18. Penalty: Imprisonment for 15 years. (3) A person (the sender) commits an offence if: (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person; and (c) the child is someone who is, or who the sender believes to be, under 16; and (d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18; and (e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of: (i) the sender; or (ii) another person (the participant) who is, or who the sender believes to be, at least 18. Penalty: Imprisonment for 15 years. 10 Subsection 471.27(1) of the Criminal Code After "Subdivision", insert "(other than section 471.25A)". 11 After subsection 471.27(1) of the Criminal Code Insert: (1A) For the purposes of an offence against section 471.25A, absolute liability applies to the physical element of circumstance of the offence that the child is someone who is under 16. Note 1: For absolute liability, see section 6.2. Note 2: For a defence based on belief about age, see section 471.29. 12 Subsection 471.27(2) of the Criminal Code Omit "or 471.25(2) or (3)", substitute ", 471.25(2) or (3) or 471.25A(2) or (3)". 13 Subsections 471.27(3) and (4) of the Criminal Code Repeal the subsections, substitute: Proof of belief about age—evidence of representation (3) For the purposes of this Subdivision, evidence that a person was represented to the defendant as being under, of, at least or over a particular age is, in the absence of evidence to the contrary, proof that the defendant believed the person to be under, of, at least or over that age (as the case requires). 14 Subsection 471.28(1) of the Criminal Code Omit "or 471.25", substitute ", 471.25 or 471.25A". 15 Subsection 471.28(2) of the Criminal Code (heading) Repeal the heading, substitute: Fictitious persons 16 After subsection 471.28(2) of the Criminal Code Insert: (2A) For the purposes of an offence against section 471.25A, it does not matter that the child is a fictitious person represented to the sender as a real person. 17 Subsection 471.28(3) of the Criminal Code Omit "or 471.25", substitute ", 471.25 or 471.25A". 18 Subsection 471.29(1) of the Criminal Code (heading) Repeal the heading, substitute: Belief that certain persons at least 16 19 Subsection 471.29(1) of the Criminal Code After "Subdivision", insert "(other than section 471.25A)". 20 After subsection 471.29(1) of the Criminal Code Insert: (1A) It is a defence to a prosecution for an offence against section 471.25A if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the child was at least 16. Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4. 21 Subsection 471.29(2) of the Criminal Code (heading) Repeal the heading, substitute: Procuring and "grooming" offences involving child engaging in sexual activity with other participant—belief that participant under 18 22 Subsection 471.29(2) of the Criminal Code Omit "or 471.25(2) or (3)", substitute ", 471.25(2) or (3) or 471.25A(2) or (3)". 23 Subsection 471.29(3) of the Criminal Code After "(1)", insert ", (1A)". 24 After section 474.23 of the Criminal Code Insert: 474.23A Conduct for the purposes of electronic service used for child abuse material (1) A person commits an offence if: (a) the person engages in any of the following conduct: (i) creating, developing, altering or maintaining an electronic service; (ii) controlling or moderating an electronic service; (iii) making available, advertising or promoting an electronic service; (iv) assisting in doing anything covered by a preceding subparagraph; and (b) the person does so with the intention that the electronic service be used: (i) by that person; or (ii) by another person; in committing, or facilitating the commission of, an offence against section 474.22 or 474.23. Penalty: Imprisonment for 20 years. (2) A person may be found guilty of an offence against subsection (1) even if: (a) committing the offence against section 474.22 or 474.23 is impossible; or (b) the electronic service is incapable of being used as mentioned in paragraph (1)(b): (i) at the time the person engages in the conduct mentioned in paragraph (1)(a); or (ii) at any other time. (3) It is not an offence to attempt to commit an offence against subsection (1). (4) In this Code: electronic service means a service a purpose of which is to: (a) allow persons to access material using a carriage service; or (b) deliver material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service; but does not include: (c) a broadcasting service (within the meaning of the Broadcasting Services Act 1992); or (d) a datacasting service (within the meaning of that Act). 25 Subsection 474.25A(1) of the Criminal Code (before the penalty) Insert: Note: Because of the definition of engage in sexual activity in the Dictionary, this offence covers (for example): (a) a person using a carriage service to see or hear, in real time, a person under 16 engage in sexual activity; and (b) a person engaging in sexual activity that is seen or heard, in real time, by a person under 16 using a carriage service. 26 Subsection 474.25A(2) of the Criminal Code (before the penalty) Insert: Note: Because of the definition of engage in sexual activity in the Dictionary, this offence covers (for example) causing a person under 16: (a) to engage in sexual activity that is seen or heard, in real time, by another person using a carriage service; or (b) to use a carriage service to see or hear, in real time, another person engage in sexual activity. 27 Section 474.25B of the Criminal Code (heading) Repeal the heading, substitute: 474.25B Aggravated offence—using a carriage service for sexual activity with person under 16 years of age 28 Paragraph 474.25B(1)(a) of the Criminal Code After "an offence", insert "(the underlying offence)". 29 Paragraph 474.25B(1)(b) of the Criminal Code Repeal the paragraph, substitute: (b) one or more of the following apply: (i) the child has a mental impairment at the time the person commits the underlying offence; (ii) the person is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the person, at the time the person commits the underlying offence; (iii) the child is subjected to cruel, inhuman or degrading treatment in connection with the sexual activity referred to in subsection 474.25A(1) or (2); (iv) the child dies as a result of physical harm suffered in connection with the sexual activity referred to in subsection 474.25A(1) or (2). 30 After section 474.27 of the Criminal Code Insert: 474.27AA Using a carriage service to "groom" another person to make it easier to procure persons under 16 years of age (1) A person (the sender) commits an offence if: (a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with the sender; and (c) the child is someone who is, or who the sender believes to be, under 16 years of age; and (d) the sender is at least 18 years of age. Penalty: Imprisonment for 15 years. (2) A person (the sender) commits an offence if: (a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person (the participant); and (c) the child is someone who is, or who the sender believes to be, under 16 years of age; and (d) the participant is someone who is, or who the sender believes to be, at least 18 years of age. Penalty: Imprisonment for 15 years. (3) A person (the sender) commits an offence if: (a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person; and (c) the child is someone who is, or who the sender believes to be, under 16 years of age; and (d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18 years of age; and (e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of: (i) the sender; or (ii) another person (the participant) who is, or who the sender believes to be, at least 18 years of age. Penalty: Imprisonment for 15 years. 31 Paragraph 474.28(1)(a) of the Criminal Code After "474.25A", insert "or 474.27AA". 32 Subsection 474.28(2) of the Criminal Code Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or 474.27AA(2) or (3)". 33 Subsections 474.28(3) and (4) of the Criminal Code Repeal the subsections, substitute: Proof of belief about age—evidence of representation (3) For the purposes of sections 474.26, 474.27, 474.27AA and 474.27A, evidence that a person was represented to the defendant as being under, of, at least or over a particular age is, in the absence of evidence to the contrary, proof that the defendant believed the person to be under, of, at least or over that age (as the case requires). 34 Subsection 474.28(8) of the Criminal Code Omit "or 474.27", substitute ", 474.27 or 474.27AA". 35 Subsection 474.28(9) of the Criminal Code (heading) Repeal the heading, substitute: Fictitious persons 36 Subsection 474.28(9) of the Criminal Code After "474.27", insert ", 474.27AA". 37 After subsection 474.28(9) of the Criminal Code Insert: (9A) For the purposes of an offence against section 474.27AA, it does not matter that the child is a fictitious person represented to the sender as a real person. 38 Subsection 474.28(10) of the Criminal Code Omit "or 474.27", substitute ", 474.27 or 474.27AA". 39 Subsection 474.29(4) of the Criminal Code (heading) Repeal the heading, substitute: Procuring and "grooming" offences involving child engaging in sexual activity with other participant—belief that participant under 18 years of age 40 Subsection 474.29(4) of the Criminal Code Omit "or 474.27(2) or (3)", substitute ", 474.27(2) or (3) or 474.27AA(2) or (3)". 41 Subsection 474.29(5) of the Criminal Code (heading) Repeal the heading, substitute: Offences involving transmission of communication—belief that certain persons at least 16 years of age 42 After subsection 474.29(5) of the Criminal Code Insert: (5A) It is a defence to a prosecution for an offence against section 474.27AA if the defendant proves that, at the time the communication was transmitted, the defendant believed that the child was at least 16 years of age. Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4. 43 Dictionary in the Criminal Code Insert: electronic service has the meaning given by subsection 474.23A(4). Part 2—Amendments contingent on the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 Criminal Code Act 1995 44 Paragraph 474.23A(1)(b) of the Criminal Code After "474.22", insert ", 474.22A". 45 Paragraph 474.23A(2)(a) of the Criminal Code After "474.22", insert ", 474.22A". 46 Subsections 474.24(1), (3) and (4) of the Criminal Code Omit "or 474.23", substitute ", 474.23 or 474.23A". Schedule 5—Increased penalties Criminal Code Act 1995 1 Subsection 272.8(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 25 years. 2 Subsection 272.8(2) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 25 years. 3 Subsection 272.9(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 20 years. 4 Subsection 272.9(2) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 20 years. 5 Subsection 272.10(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for life. 6 Subsection 272.11(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 30 years. 7 Subsection 272.15(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 15 years. 8 Subsection 272.18(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 25 years. 9 Subsection 272.19(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 25 years. 10 Subsection 273.7(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 30 years. 11 Subsection 471.22(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 30 years. 12 Subsection 471.25(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 15 years. 13 Subsection 471.25(2) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 15 years. 14 Subsection 471.26(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 10 years. 15 Subsection 474.24A(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 30 years. 16 Subsection 474.25A(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 20 years. 17 Subsection 474.25A(2) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 20 years. 18 Subsection 474.25B(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 30 years. 19 Subsection 474.27(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 15 years. 20 Subsection 474.27(2) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 15 years. 21 Subsection 474.27A(1) of the Criminal Code (penalty) Repeal the penalty, substitute: Penalty: Imprisonment for 10 years. Schedule 6—Minimum sentences Part 1—Main amendments Crimes Act 1914 1 At the end of subsection 16A(1) Add: Note: Minimum penalties apply for certain offences—see sections 16AAA, 16AAB and 16AAC. 2 After section 16AA Insert: 16AAA Minimum penalties for certain offences Subject to section 16AAC, if a person is convicted of an offence described in column 1 of an item in the following table, the court must impose a sentence of imp