Clause 171

by inserting, immediately after subsection (1) of section 5, the following subsection:“(1A) For the purposes of subsection (1) —

a person (A) knowingly permits a child or young person (B) to be ill‑treated by another person (C) if A being a person who has the custody, charge or care of B, knows or has reason to believe that B was at risk of being ill‑treated by C, and failed to take such steps as A could reasonably have been expected in A’s circumstances to take to protect B from that risk; and

A’s circumstances mentioned in paragraph (a) include but are not limited to A’s past or present experiences of being ill‑treated by C, if any.”;

by deleting “$20,000” in section 5(5)(a) and substituting “$40,000”;

by deleting the words “7 years” in section 5(5)(a) and substituting the words “14 years”;

by deleting “$4,000” in section 5(5)(b) and substituting “$8,000”;

by deleting the words “4 years” in section 5(5)(b) and substituting the words “8 years”; and

by repealing section 7 and substituting the following section:“Sexual exploitation of child or young person7.—

Any person shall be guilty of an offence who, in public or private —

commits or abets the commission of or procures or attempts to procure the commission by any person of any obscene or indecent act with any child or young person; or

procures or attempts to procure the commission of any obscene or indecent act by any child or young person.(2) Any person who is guilty of an offence under subsection (1) shall be liable on conviction —

in the case of an offence committed against a young person, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; and

in the case of an offence committed against a child, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both.(3) For the purposes of subsection (2) and to avoid doubt, a conviction for an offence is treated as a second or subsequent conviction if the previous conviction was for an offence punishable under subsection (2)(a) or (b) or under the repealed section 7 in force immediately before the date of commencement of section 171 of the Criminal Law Reform Act 2019.”.