2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
CRIMINAL CODE AMENDMENT (CHILD ABUSE MATERIAL) BILL 2013 
SERIAL No. 44

EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of the Bill is to amend the Criminal Code to improve the administration of justice by widening the scope for courts and Police to order the forfeiture and destruction of child abuse material, an article containing child abuse material or an article the prescribed officer reasonably believes may contain child abuse material.
NOTES ON CLAUSES
Clause 1.	Short Title
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Criminal Code Amendment (Child Abuse Material) Act 2013.
Clause 2.             Commencement
This Act will commence on a day fixed by the Administrator by Gazette notice.
Clause 3.             Criminal Code amended
This Act amends the Criminal Code
Clause 4.	Section 125A amended           
Clause 4 inserts a definition for ‘senior rank’. Senior rank means a rank of, or above, the rank of Commander.
Clause 5.             Sections 125AB and 125AC inserted
Clause 5 inserts sections 125AB and 125AC into the Criminal Code in the following terms:
·	section 125AB(1) states the section applies to child abuse material, an article containing child abuse material or an article the officer of senior rank reasonably believes may contain child abuse material, seized by Police;

·	section 125AB(2) authorises an officer of senior rank to order the forfeiture and destruction of child abuse material, an article containing child abuse material or an article the officer of senior rank reasonably believes may contain child abuse material;

·	section 125AB(3) states the authority in subsection 2 applies whether or not a person has been charged or is to be charged with an offence relating to the material;

·	section 125AB(4) of the Bill prescribes where the child abuse material or article forfeited under subsection 2 can be destroyed, namely at the place where forfeiture occurs or any other place the officer of senior rank thinks fit;

·	section 125AB(5) of the Bill concerns the acquisition of property on just terms and mirrors section 42A of the Misuse of Drugs Act; and

·	section 125AC allows an officer of senior rank, at their discretion, to order the return of an article forfeited under section 125AB to the lawful owner. This power can only be exercised where the officer of senior rank is satisfied the child abuse material has been permanently deleted from that article.

Clause 6.             Section 125B amended  
Clause 6 of the Bill amends section 125B(6) by removing the words “convicts a person of a crime” and inserting “finds a person  guilty of an offence”. The amendment will allow a court to order the forfeiture and destruction of child abuse material in every matter where there is a finding of guilt pursuant to section 125B and will give courts the discretion to order the forfeiture and destruction of any other articles seized at the same time where there is a finding of guilt pursuant to section 125B.

Clause 7.             Part XI, Division 7 inserted
Clause 7 contains a detailed transition provision concerning the amendment to section 125B. In summary, the transitional provision states that the amendment to section 125B(6) only relates to offences committed after the commencement of this Bill.
Clause 8. 	Expiry
Clause 8 notes that this Act expires the day after it commences.