Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (70 of 2020)

Schedule 4   Strengthening child sex offences

Part 1   Main amendments

Criminal Code Act 1995

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).