Cory Bernardi (SA, Liberal Party, Shadow Parliamentary Secretary for Families and Community Services) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table the explanatory memorandum and to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The Crimes Legislation Amendment (Enhanced child protection from predatory tourism offences) Bill 2008 aims to ensure that sexual crimes against children committed by Australians overseas are the subject of a comprehensive and up-to-date series of Commonwealth offences.

Sexual offences against children are among the most abhorrent offences that occur in our society. The effect on children, their families and society in general is debilitating and enduring.

The United Nations recognises the global child sex tourism industry as ‘one of the worst contemporary forms of slavery.’ And Australians play a large part in this industry.

As representatives of the Australian people, we have a duty to do all we can to protect the innocence of young people, be they Australian citizens or children living overseas.

Existing predatory tourism offences involving children in the Crimes Act cover a range of conduct by Australian citizens and overseas residents. This includes engaging in sexual intercourse with a child, participating in acts of indecency involving a child, and inducing a child to have sexual intercourse with a third person. Acts done – in or outside Australia – with the intention of encouraging or benefiting from any form of the aforementioned offences are also included.

The bill relocates the existing offences, currently located in the Crimes Act, to the Criminal Code.

New measures included in the bill will enhance Australia’s existing child sex tourism regime by creating new grooming, procuring and preparatory offences, thereby filling a gap in the current legislation. The purpose of the new measures is to give law enforcement agencies and prosecutors the mandate to take action before any child is harmed.

The aim of the grooming and procuring offences is to capture people who actively engage with children in ways that will make children more likely to submit to or engage in sexual activity.

The new preparatory offences aim to capture a range of preparatory conduct that occurs with the intention of preparing to commit a sexual offence with a child overseas. Again, this would allow law enforcement to take action before a child under 16 is harmed.

The bill will also make changes to a number of penalties with the aim of ensuring consistency for like offences across the Criminal Code. Therefore, the penalty for sexual intercourse with a child would be 17 years imprisonment; the penalty for sexual conduct with a child and procuring a child would be 15 years imprisonment; and the penalty for grooming a child would be 12 years imprisonment.

The bill introduces new offences making it illegal for Australian citizens and residents to possess, distribute, obtain or control child pornography or child abuse material while overseas. Currently, this behaviour is only outlawed within Australia. This measure therefore closes a gap in existing legislation. It also intends to fill the gap where a foreign country is unable or unwilling to prosecute persons engaged in child sex tourism offences, or where the country has no specific laws that deal with this behaviour.

New provisions contained in the bill provide for the forfeiture of child pornography and child abuse material, and any article containing such material, that is used in the commission of sexual offences against children. The provisions intend to streamline the process of forfeiture by court order or application by a constable or prosecutor. Once forfeited, the material becomes the property of the Commonwealth and can then be destroyed.

Children are the future of our country and they deserve to be protected from all who seek to harm them. This bill will strengthen existing child sex tourism legislation and will make it clear to Australians that engage in this behaviour, either here or overseas, that they will face the full force of the law.

I commend the bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.