Schedule 2 Amendment of Criminal Procedure Act 1986 No 209
[1] Section 91 Witness may be directed to attend
Omit “pornographic purposes” from paragraph (c) of the definition of complainant in section 91 (9).Insert instead “the production of child abuse material”.
[2] Section 281B Sensitive evidence—meaning
Insert “or child abuse material (within the meaning of Division 15A of Part 3 of the Crimes Act 1900)” after “child pornography” in section 281B (2) (c).
Insert after Part 4:Part 4A Use of random sample evidence
In this Part:authorised analyst means any person, or person of a class, authorised by the Attorney General or the Director of Public Prosecutions to exercise the functions of an authorised analyst under this Part.
child abuse material and material have the same meanings as they have in Division 15A of Part 3 of the Crimes Act 1900.
child abuse material offence means an offence under Division 15A of Part 3 of the Crimes Act 1900.
289B Use of random sample evidence in child abuse material cases
(1) An authorised analyst may, in connection with any proceedings for a child abuse material offence, conduct an examination of a random sample of the child abuse material or alleged child abuse material that is the subject of the proceedings concerned.(2) In proceedings for the child abuse material offence concerned, evidence adduced by the prosecutor of any findings of the authorised analyst as to the nature and content of the random sample is admissible as evidence of the nature and content of the whole of the material from which the random sample was taken.(3) Accordingly, it is open to a court to find that any type of child abuse material found by an authorised analyst to be present in a particular proportion in the random sample is present in the same proportion in the material from which the random sample was taken.(4) A certificate of an authorised analyst, that certifies any of the following matters, is admissible in proceedings for a child abuse material offence as evidence of the matters certified:(a) that the authorised analyst conducted an examination of a random sample of the material the subject of the proceedings,(b) that the random sample was taken, and the examination conducted, in accordance with any requirements of the regulations,(c) the findings of the authorised analyst as to the nature and content of the random sample.(5) A certificate signed by a person purporting to be an authorised analyst is taken to be a certificate of an authorised analyst, in the absence of evidence to the contrary.(6) Evidence is admissible under this section only if the court is satisfied that the accused person, or an Australian legal practitioner representing the accused person, has been given a reasonable opportunity to view all of the child abuse material or alleged child abuse material the subject of the proceedings concerned.(7) This section does not affect the provisions of Part 2A, which restrict the access of an accused person to sensitive evidence.(8) The regulations may make further provision for or with respect to the taking and admissibility of random sample evidence under this section, including by providing for:(a) the circumstances or types of cases in which the prosecutor may adduce evidence of the findings of an authorised analyst under this section, and(b) the procedure for taking and examining random samples of material, and(c) any further requirements as to the content and service of a certificate of an authorised analyst.
Omit “pornographic purposes” from paragraph (c) of the definition of complainant.Insert instead “the production of child abuse material”.
[8] Section 348 Offences in respect of which an intervention program may be conducted
Omit “dissemination or possession of child pornography” from section 348 (2) (d).Insert instead “dissemination or possession of child pornography or child abuse material”.
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Crimes Amendment (Child Pornography and Abuse Material) Act 2010