Page 3416 - Week 09 - Thursday, 24 August 2017
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than revenge” report refers to an ACT prosecution under Commonwealth legislation, which is only one of a range of statutes that could be used in the ACT.
(4) For the reasons explained above at (2), a breakdown of charges according to different statutes is not available. Other legislative sections which may be used to charge these behaviours include:
I. Section 67 of the Crimes Act 1900, which provides a non-exhaustive list of grounds on which it may be established that consent is negated for section 54 (sexual intercourse without consent), section 55(3)(b) (sexual intercourse with a young person), section 60 (act of indecency without consent) and section 61(3)(b) (act of indecency with a young person). One of these grounds includes “by a threat to publicly humiliate or disgrace, or to physically or mentally harass, the person or another person”.
II. Section 60 of the Crimes Act provides for an act of indecency without consent. This may cover instances where intimate images are shown to a person or young person. See for example, Thomson v The Queen; The Queen v Thomson [2015] ACTCA 16 per Murrell CJ, Burns and Ross JJ.
III. Section 64 of the Crimes Act contains the charge of using a child for production of child exploitation material.
IV. Section 64A of the Crimes Act contains the charge of trading in child exploitation material.
V. Section 65 of the Crimes Act contains the charge of possessing child exploitation material.
VI. Section 66 of the Crimes Act contains the charge of using the internet, etc, to deprave. This section provides two offences directed towards criminalising ‘grooming conduct’:
a. a person must not, using electronic means, suggest to a young person that the young person commit or take part in, or watch someone else committing or taking part in, an act of a sexual nature;
b. a person must not, using electronic means, send or make available pornographic material to a young person.
In relation to the number of charge laid, please refer to the response to question 2.
ACTION bus service—ticketing system
(Question No 337)
Mr Coe asked the Minister for Transport and City Services, upon notice, on 9 June 2017:
(1) Was the Transport Canberra’s MyWay ticketing system affected by an outage on 12 April 2017; if so, (a) was the outage unscheduled, (b) what was the cause of the outage, (c) did the outage affect the entire ticketing system across the Transport Canberra network, (d) how long was the MyWay system affected by the outage,
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