Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

 View history note

 Hide history note

History

Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:

Part 1B - Sentencing, imprisonment and release of federal offenders

Division 2 - General sentencing principles  

SECTION 16AAB   Second or subsequent offence  

(1)    
This section applies in respect of a person if:

(a) the person is convicted of a Commonwealth child sexual abuse offence (a current offence ); and

(b) the person has, at an earlier sitting, been convicted previously of a child sexual abuse offence.

(2)    
Subject to section 16AAC , if the person is convicted of a current offence described in column 1 of an item in the following table, the court must impose for the current offence a sentence of imprisonment of at least the period specified in column 2 of that item.

Minimum penalty
Item	Column 1	Column 2
	Current offence	Sentence of imprisonment
1	offence against subsection 272.12(1) of the Criminal Code	3 years
2	offence against subsection 272.12(2) of the Criminal Code	3 years
3	offence against subsection 272.13(1) of the Criminal Code	2 years
4	offence against subsection 272.13(2) of the Criminal Code	2 years
5	offence against subsection 272.14(1) of the Criminal Code	4 years
6	offence against subsection 272.15(1) of the Criminal Code	4 years
7	offence against subsection 272.15A(1) of the Criminal Code	4 years
8	offence against subsection 272.20(1) of the Criminal Code	3 years
9	offence against subsection 272.20(2) of the Criminal Code	1 year
10	offence against subsection 273.6(1) of the Criminal Code	4 years
10A	offence against section 273A.1 of the Criminal Code	4 years
11	offence against subsection 471.19(1) of the Criminal Code	4 years
12	offence against subsection 471.19(2) of the Criminal Code	4 years
13	offence against subsection 471.20(1) of the Criminal Code	4 years
14	offence against subsection 471.24(1) of the Criminal Code	4 years
15	offence against subsection 471.24(2) of the Criminal Code	4 years
16	offence against subsection 471.24(3) of the Criminal Code	4 years
17	offence against subsection 471.25(1) of the Criminal Code	4 years
18	offence against subsection 471.25(2) of the Criminal Code	4 years
19	offence against subsection 471.25(3) of the Criminal Code	4 years
20	offence against subsection 471.25A(1) of the Criminal Code	4 years
21	offence against subsection 471.25A(2) of the Criminal Code	4 years
22	offence against subsection 471.25A(3) of the Criminal Code	4 years
23	offence against subsection 471.26(1) of the Criminal Code	3 years
24	offence against subsection 474.22(1) of the Criminal Code	4 years
24A	offence against subsection 474.22A(1) of the Criminal Code	4 years
25	offence against subsection 474.23(1) of the Criminal Code	4 years
26	offence against subsection 474.26(1) of the Criminal Code	4 years
27	offence against subsection 474.26(2) of the Criminal Code	4 years
28	offence against subsection 474.26(3) of the Criminal Code	4 years
29	offence against subsection 474.27(1) of the Criminal Code	4 years
30	offence against subsection 474.27(2) of the Criminal Code	4 years
31	offence against subsection 474.27(3) of the Criminal Code	4 years
32	offence against subsection 474.27AA(1) of the Criminal Code	4 years
33	offence against subsection 474.27AA(2) of the Criminal Code	4 years
34	offence against subsection 474.27AA(3) of the Criminal Code	4 years
35	offence against subsection 474.27A(1) of the Criminal Code	3 years

 View history note

 Hide history note

History

S 16AAB amended by No 70 of 2020, s 3 and Sch 6 items 8 and 9, by inserting table items 10A and 24A, effective 23 June 2020.

S 16AAB inserted by No 70 of 2020, s 3 and Sch 6 item 2, effective 23 June 2020. No 70 of 2020, s 3 and Sch 6 item 3 contain the following application provisions:

3 Application provisions  
(1)
Subject to subitem (2), the amendments made by this Part apply in relation to conduct engaged in on or after the commencement of this Part.

(2)
Section 16AAB of the Crimes Act 1914 , as inserted by this Part, applies in relation to a conviction for a Commonwealth child sexual abuse offence where the relevant conduct was engaged in on or after the commencement of this Part (regardless of whether the relevant previous conviction of the person for a child sexual abuse offence occurred before, on or after that commencement).

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.