The Acts Amendment (Sexual Offences) Act 1992 (014 of 1992) updated the Criminal Code to include or redefine a number of sexual offences against children and young people, and to adults who were ‘incapable’ of giving consent because of mental or intellectual disability.
The Acts Amendment (Sexual Offences) Act 1992 made it illegal to show ‘offensive’ material to children under the age of 16 years. Offensive material was defined as pornographic material, instructions on how to commit crimes, and material showing or advocating drug use. The Act also defined sexual offences against children and young people and included definitions of indecent dealing and sexual relationships.
Generally, the amendments related to children and young people under the age of 16 years. However, if a person was in a position of authority over the child, these behaviours were considered to be an offence even if the young person was over 16 years of age (but not more than 18 years of age). An exception was made regarding male sexual offences with juvenile males, where the age limit rose to 21 years. The Act also defined sexual offences against children and young people who were relatives (including de facto relatives) and against persons who were ‘incapable’ of giving consent through either mental or intellectual disability.
The Act updated the Indecent Publications and Articles Act 1902 with offences and penalties in relation to child pornography.