{"id":"BILL-QLD-3252","name":"Penalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025","slug":"penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446107,"registerId":"BILL-QLD-3252:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:19.493Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Penalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\n\nQueensland\nPenalties and Sentences\n(Sexual Offences) and Other\nLegislation Amendment Bill\n2025\n\nQueensland\nPenalties and Sentences (Sexual\nOffences) and Other Legislation\nAmendment Bill 2025\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\n2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\nPart 2 Amendment of Crimes at Sea Act 2001\n3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\n4 Amendment of schedule, s 1 (Definitions) . . . . . . . . . . . . . . . . . . 4\n5 Amendment of schedule, s 10 (Non-application of scheme to Area A of\nthe Zone of Cooperation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5\n6 Amendment of schedule, s 14 (Adjacent areas) . . . . . . . . . . . . . 5\n7 Amendment of schedule, appendix 1 (Indicative map) . . . . . . . . 6\nPart 3 Amendment of Criminal Code\n8 Code amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n9 Amendment of pt 3, ch 13, hdg (Corruption and abuse of office) 7\n10 Insertion of new s 97A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n97A False representations in relation to government agencies 8\nPart 4 Amendment of Penalties and Sentences Act 1992\n11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n12 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 9\n13 Amendment of s 179K (Giving details of impact of crime on victim during\nsentencing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n14 Insertion of new pt 14, div 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\nDivision 26 Transitional provisions for Penalties and Sentences\n(Sexual Offences) and Other Legislation Amendment\nAct 2025\n263 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 11\n264 Application of s 9 to sentencing offenders after\n\nContents\nPage 2\nAuthorised by the Parliamentary Counsel\ncommencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n265 Application of s 179K to sentencing offenders after\ncommencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12\nPart 5 Amendment of Working with Children (Risk Management and\nScreening) Act 2000\n15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12\n16 Amendment of s 295 (Application of division) . . . . . . . . . . . . . . . 12\n17 Amendment of s 304B (Action after decision) . . . . . . . . . . . . . . . 13\n18 Amendment of s 304C (Notifiable persons and potential employers\nnotified about cancellation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n19 Amendment of s 609 (Application to cancel negative notice not decided)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\nPart 6 Other amendments\n20 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\nSchedule 1 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\nEducation (General Provisions) Act 2006 . . . . . . . . . . . . . . . . . . 15\nPolice Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . 15\n\n2025\nA Bill\nfor\nAn Act to amend the Crimes at Sea Act 2001, the Criminal Code,\nthe Penalties and Sentences Act 1992, the Working with\nChildren (Risk Management and Screening) Act 2000 and the\nlegislation mentioned in schedule 1 for particular purposes\n\nPage 4\nAuthorised by the Parliamentary Counsel\n[s 1]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Penalties and Sentences (Sexual\nOffences) and Other Legislation Amendment Act 2025.\n2 Commencement\n(1) Part 3 commences on a day to be fixed by proclamation.\n(2) Part 4 commences on 1 November 2025.\n(3) Parts 5 and 6 and schedule 1 commence on the later of the\nfollowing—\n(a) immediately after the commencement of the Working\nwith Children (Risk Management and Screening) and\nOther Legislation Amendment Act 2024, section 59;\n(b) the date of assent.\nPart 2 Amendment of Crimes at Sea\nAct 2001\n3 Act amended\nThis part amends the Crimes at Sea Act 2001.\n4 Amendment of schedule, s 1 (Definitions)\nSchedule, section 1(1), definition Area A of the Zone of\nCooperation—\nomit.\n1\n2\nClause 3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\nClause 17\n18\nClause 19\n20\n21\n22\n\nPage 5\nAuthorised by the Parliamentary Counsel\n[s 5]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Crimes at Sea Act 2001\n5 Amendment of schedule, s 10 (Non-application of\nscheme to Area A of the Zone of Cooperation)\nSchedule, section 10—\nomit.\n6 Amendment of schedule, s 14 (Adjacent areas)\n(1) Schedule, section 14(1) and (2)(a), ‘schedule 2 to the\nPetroleum (Submerged Lands) Act 1967 (Commonwealth)’—\nomit, insert—\nschedule 1 to the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006\n(Commonwealth)\n(2) Schedule, section 14(2)(b), ‘subsection (7) of section 5A of\nthe Petroleum (Submerged Lands) Act 1967\n(Commonwealth)’—\nomit, insert—\nsection 8(2) of the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006\n(Commonwealth)\n(3) Schedule, section 14(3)—\nomit, insert—\n(3) The adjacent area for Western Australia is—\n(a) so much of the area described in schedule 1\nto the Offshore Petroleum and Greenhouse\nGas Storage Act 2006 (Commonwealth) in\nrelation to Western Australia as is within the\nouter limits of the continental shelf; and\n(b) the space above and below the area\ndescribed in paragraph (a).\n(4) Schedule, section 14(4)(a)—\nomit, insert—\nClause 1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 7]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Crimes at Sea Act 2001\n(a) so much of the area described in schedule 1\nto the Offshore Petroleum and Greenhouse\nGas Storage Act 2006 (Commonwealth) in\nrelation to the Northern Territory as is\nwithin the outer limits of the continental\nshelf; and\n(5) Schedule, section 14(4)(b), ‘subsection (3) of section 5A of\nthe Petroleum (Submerged Lands) Act 1967\n(Commonwealth)’—\nomit, insert—\nsection 8(1) of the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006\n(Commonwealth)\n7 Amendment of schedule, appendix 1 (Indicative map)\nSchedule, appendix 1, image of map—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\nClause 14\n15\n16\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 8]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Criminal Code\nPart 3 Amendment of Criminal Code\n8 Code amended\nThis part amends the Criminal Code.\n9 Amendment of pt 3, ch 13, hdg (Corruption and abuse of\noffice)\nPart 3, chapter 13, heading, ‘and abuse of office’—\nomit, insert—\n, abuse of office, personating public officers\nand other false representations\n1\n2\nClause 3\n4\nClause 5\n6\n7\n8\n9\n10\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 10]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 4 Amendment of Penalties and Sentences Act 1992\n10 Insertion of new s 97A\nAfter section 97—\ninsert—\n97A False representations in relation to\ngovernment agencies\n(1) A person who makes a false representation that\nthey are—\n(a) a government agency; or\n(b) acting on behalf of, or with the authority of,\na government agency;\ncommits a misdemeanour.\nMaximum penalty—3 years imprisonment.\n(2) A person does not commit an offence against\nsubsection (1)(a) or (b) if the person has a\nreasonable excuse.\nExample of a reasonable excuse—\na person makes a false representation for a genuine\nartistic purpose\n(3) In this section—\ngovernment agency means—\n(a) a public sector entity within the meaning of\nthe Public Sector Act 2022, section 8; or\n(b) another entity prescribed by regulation to be\na government agency.\nPart 4 Amendment of Penalties and\nSentences Act 1992\n11 Act amended\nThis part amends the Penalties and Sentences Act 1992.\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 12]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 4 Amendment of Penalties and Sentences Act 1992\n12 Amendment of s 9 (Sentencing guidelines)\n(1) Section 9(1)—\ninsert—\n(ca) to recognise the harm done by the offender\nto a victim of the offence; or\n(2) Section 9(2)(f), after ‘character,’—\ninsert—\nantecedents,\n(3) Section 9—\ninsert—\n(3A) Subsections (3B) to (3D)—\n(a) apply in sentencing an offender for an\noffence of a sexual nature if the offender is\ndetermined to be of good character; but\n(b) apply in relation to the offender’s good\ncharacter only to the extent the good\ncharacter is based on 1 or more of the\nfollowing—\n(i) a character reference for the offender;\n(ii) the offender’s standing in the\ncommunity;\n(iii) the offender’s contributions to the\ncommunity.\n(3B) The court may treat the offender’s good character\nas a mitigating factor only if the good character is\nrelevant to the court’s consideration of—\n(a) the offender’s prospects of rehabilitation; or\n(b) the risk of the offender reoffending.\n(3C) However, the court may decide not to treat the\noffender’s good character as a mitigating factor,\nhaving regard to the nature of the offence and how\nserious the offence was, including—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 12]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 4 Amendment of Penalties and Sentences Act 1992\n(a) any physical, mental or emotional harm\ndone to the victim of the offence; and\n(b) the vulnerability of the victim.\n(3D) If subsection (4) also applies in sentencing the\noffender, subsections (3B) and (3C) are subject to\nsubsection (6A).\n(4) Section 9(6A)—\nomit, insert—\n(6A) However, for subsection (6)(h), if the offender is\ndetermined to be of good character, the court must\nnot treat the good character as a mitigating factor\nif it assisted the offender in committing the\noffence.\n(5) Section 9(7AA)—\nomit, insert—\n(7AA) However, for subsection (7)(d), if the offender is\ndetermined to be of good character, the court must\nnot treat the good character as a mitigating factor\nif it assisted the offender in committing the\noffence.\n(6) Section 9—\ninsert—\n(9BA) In determining the appropriate sentence for an\noffender convicted of an offence against the\nCriminal Code, section 349 or 352 committed\nagainst a child of 16 or 17 years, the court must\ntreat the child’s age as an aggravating factor,\nunless the court considers it is not reasonable\nbecause of the exceptional circumstances of the\ncase.\n(9BB) For subsection (9BA), in deciding whether there\nare exceptional circumstances, the court may have\nregard to the closeness in age between the\noffender and the child.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 13]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 4 Amendment of Penalties and Sentences Act 1992\n13 Amendment of s 179K (Giving details of impact of crime\non victim during sentencing)\nSection 179K(5)—\nomit, insert—\n(5) The fact that a victim impact statement is absent\nat the sentencing, or that details of the harm\ncaused to a victim by the offence are otherwise\nabsent at the sentencing, does not, of itself, give\nrise to any inference that the offence caused little\nor no harm to the victim.\n14 Insertion of new pt 14, div 26\nPart 14—\ninsert—\nDivision 26 Transitional provisions for\nPenalties and Sentences\n(Sexual Offences) and\nOther Legislation\nAmendment Act 2025\n263 Definition for division\nIn this division—\namendment Act means the Penalties and\nSentences (Sexual Offences) and Other\nLegislation Amendment Act 2025.\n264 Application of s 9 to sentencing offenders\nafter commencement\nSection 9, as amended by the amendment Act,\napplies to the sentencing of an offender after the\ncommencement whether the offence or\nconviction happened before or after the\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 12\nAuthorised by the Parliamentary Counsel\n[s 15]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 5 Amendment of Working with Children (Risk Management and Screening) Act 2000\ncommencement.\n265 Application of s 179K to sentencing offenders\nafter commencement\nSection 179K, as amended by the amendment\nAct, applies to the sentencing of an offender after\nthe commencement whether the offence or\nconviction happened before or after the\ncommencement.\nPart 5 Amendment of Working with\nChildren (Risk Management\nand Screening) Act 2000\n15 Act amended\nThis part amends the Working with Children (Risk\nManagement and Screening) Act 2000.\n16 Amendment of s 295 (Application of division)\n(1) Section 295(1)(a), ‘an offence listed in schedule 2 or 4’—\nomit, insert—\na prescribed offence\n(2) Section 295—\ninsert—\n(3) For subsection (1), a prescribed offence is—\n(a) an offence against a provision of an Act\nmentioned in schedule 2 or 4, column 1,\nsubject to any qualification mentioned in\ncolumn 3 opposite the provision; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 17]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 5 Amendment of Working with Children (Risk Management and Screening) Act 2000\n(b) an offence of counselling or procuring the\ncommission of an offence of a kind\nmentioned in paragraph (a); or\n(c) an offence of attempting, or of conspiring,\nto commit an offence of a kind mentioned in\nparagraph (a); or\n(d) an offence that has, as an element, an\nintention to commit an offence of a kind\nmentioned in paragraph (a); or\n(e) an offence that, at the time it was\ncommitted, or is alleged to have been\ncommitted, was an offence of a kind\nmentioned in paragraph (a); or\n(f) another offence that is a reportable offence\nunder the Offender Reporting Act that is not\notherwise a prescribed offence; or\n(g) an offence under a law of another\njurisdiction that, if it had been committed in\nQueensland, would have constituted an\noffence mentioned in paragraph (a) to (f).\n(4) For subsection (3), it is immaterial if a provision\nmentioned in schedule 2 or 4, column 1 for an Act\nhas been amended from time to time or that the\nprovision was previously numbered with a\ndifferent number.\n17 Amendment of s 304B (Action after decision)\nSection 304B(1)(b) and (2), ‘304’—\nomit, insert—\n304(1)\n18 Amendment of s 304C (Notifiable persons and potential\nemployers notified about cancellation)\n(1) Section 304C(1)(b), ‘304’—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\nClause 26\n27\n28\n29\nClause 30\n31\n32\n\nPage 14\nAuthorised by the Parliamentary Counsel\n[s 19]\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPart 6 Other amendments\nomit, insert—\n304(1)\n(2) Section 304C(2A), after ‘section 303A’—\ninsert—\n, 304(2)\n19 Amendment of s 609 (Application to cancel negative\nnotice not decided)\n(1) Section 609(2), ‘may’—\nomit, insert—\nmust\n(2) Section 609(4)(b)—\nomit, insert—\n(b) cancel the person’s negative notice.\nPart 6 Other amendments\n20 Legislation amended\nSchedule 1 amends the legislation it mentions.\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n\nSchedule 1\nPenalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025\nPage 15\nAuthorised by the Parliamentary Counsel\nSchedule 1 Other amendments\nsection 20\nEducation (General Provisions) Act 2006\n1 Section 282(1)(f) and (2)(a), ‘an offence listed in the\nWorking with Children (Risk Management and Screening)\nAct 2000, schedule 2 or 4’—\nomit, insert—\na prescribed offence within the meaning of the\nWorking with Children (Risk Management and\nScreening) Act 2000, section 295\nPolice Powers and Responsibilities Act 2000\n1 Section 789A(1)(b)(i), ‘an offence listed in the Working\nwith Children Act, schedule 2 or 4’—\nomit, insert—\na prescribed offence within the meaning of the\nWorking with Children Act, section 295\n© State of Queensland 2025\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16","sortOrder":0}],"analysis":{"summary":{"status_summary":"The Bill received royal assent, with Part 3 commencing on a day to be fixed by proclamation, Part 4 commencing on 1 November 2025, and the remaining parts commencing upon the later of the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024, section 59 commencement or the date of assent.","complexity_score":6,"likely_questions":["Do the new good character limitations apply to offenders whose offence occurred before 1 November 2025 but are sentenced after that date?","What constitutes a 'reasonable excuse' for the new offence of false representation about being a government agency?","How will courts determine 'exceptional circumstances' to avoid treating a 16-17 year old victim's age as an aggravating factor?","When will Part 3 (the false representation offence) actually commence - has a proclamation date been set?","What is the practical effect of changing 'may' to 'must' in section 609 of the Working with Children Act regarding cancellation of negative notices?"],"complexity_factors":["Multiple commencement dates across different parts, with one part dependent on proclamation","Layered limitations on judicial sentencing discretion for sexual offences involving good character, age, and victim harm","Cross-referenced definition of 'prescribed offence' in the Working with Children Act linking to multiple schedules and other legislation, including extraterritorial equivalents","Transitional provisions applying new sentencing rules to past offences","Interaction with existing sentencing principles and the need for courts to interpret new tests such as 'reasonable excuse' and 'exceptional circumstances'"],"plain_english_summary":"The Bill tightens sentencing for sexual offences by restricting when an offender’s “good character” can mitigate penalty—only when directly relevant to rehabilitation or risk—and bars its use where it aided the crime; it also treats a 16–17-year-old victim’s age as aggravating unless exceptional. It adds a sentencing purpose recognising victim harm and clarifies victim‑statement absence doesn’t imply little harm.\n\nIt creates a new offence for falsely representing you are a government agency (up to 3 years, with a reasonable‑excuse defence), broadens “prescribed offences” for working‑with‑children screening, and stages commencement dates."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Bill goes beyond a narrow set of sentencing changes for sexual offences by (a) creating a new, standalone offence criminalising false representations that one is a government agency (Criminal Code new s 97A), which is not directly tied to sexual‑offence sentencing; and (b) making technical but substantive jurisdictional updates to the Crimes at Sea Act (removal of an exception and updated adjacent‑area definitions). The Working with Children Act amendments are closely aligned with the Bill’s sexual‑offence and child‑protection focus, but the addition of the impersonation offence and the maritime jurisdiction amendments meaningfully broaden the Bill’s subject‑matter scope."},"complexity_factors":["Amends six separate Acts (Crimes at Sea Act 2001; Criminal Code; Penalties and Sentences Act 1992; Working with Children (Risk Management and Screening) Act 2000; Education (General Provisions) Act 2006; Police Powers and Responsibilities Act 2000) plus Schedule 1 consequential amendments","Insertion of a new criminal offence (Criminal Code new s 97A) with a regulation‑driven definition (government agency) and an unexpressed mens rea element (creates interpretive uncertainty)","Multiple new and amended subsections in s 9 of the Penalties and Sentences Act (including nested exceptions (3A–3D), interaction with (6A) and new aggravating factor rules (9BA–9BB))","Transitional Division 26 (ss 263–265) applying changes to sentencing regardless of when the offence/conviction occurred (temporal reach increases complexity)","Broad redefinition of 'prescribed offence' in the Working with Children Act (s 295) that expressly includes attempts, counselling, conspiracies, foreign‑equivalent offences and reportable offences (many cross‑references and qualifications)","Administrative rule change from discretionary to mandatory action (s 609: 'may' → 'must') affecting decision timelines and obligations","Cross‑references to Commonwealth statutes and replacement of a previously excepted maritime area (Crimes at Sea schedule and map) require coordination between state and federal frameworks","Use of regulations to prescribe which entities count as government agencies (delegated power that can materially expand scope)","Potential for increased litigation on definitional terms (e.g. when good character 'assisted' commission; what counts as a reasonable excuse) resulting in jurisprudential development"],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Updates maritime jurisdiction rules in the Crimes at Sea Act 2001 by removing a previously excepted area and replacing references to an older Commonwealth petroleum statute with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth). This changes the definition of adjacent maritime areas and updates the indicative map (Part 2, schedule amendments).\n\n- Adds a new criminal offence to the Criminal Code: it becomes a misdemeanour punishable by up to 3 years imprisonment to make a false representation that you are a government agency or are acting with its authority, subject to a reasonable excuse defence; the Bill allows regulations to identify which bodies count as a \"government agency\" (Criminal Code, new s 97A; Part 3).\n\n- Changes sentencing law in the Penalties and Sentences Act 1992 (Part 4):\n  - requires courts to recognise harm done to victims as a sentencing consideration (s 9(1)(ca));\n  - adds \"antecedents\" as a factor to be considered (s 9(2)(f));\n  - restricts when an offender’s \"good character\" can be used as a mitigating factor in sexual-offence cases — it only counts in narrow ways (linked to rehabilitation or risk) and courts must not treat good character as mitigating if it helped the offender commit the offence (new ss 3A–3D and changes to s 9(6A) and (7AA));\n  - treats a victim aged 16 or 17 as an aggravating factor for certain sexual offences unless exceptional circumstances exist, with closeness in age a permissible consideration (new ss 9BA–9BB);\n  - clarifies that the absence of a victim-impact statement does not, by itself, mean the offence caused little or no harm (amend s 179K).\n  - Transitional provisions make these sentencing changes apply to sentences after commencement even where the offence or conviction occurred earlier (new Division 26, ss 263–265).\n\n- Amends the Working with Children (Risk Management and Screening) Act 2000 to replace references to \"offences listed in schedule 2 or 4\" with a broader concept of a \"prescribed offence\" (s 295). \"Prescribed offence\" explicitly covers: listed offences (subject to listed qualifications), counselling/procuring, attempts, conspiracies, offences where intent is an element, prior-offence types, certain reportable offences, and equivalent offences in other jurisdictions. A few technical cross‑references and administrative provisions are also updated (ss 304B, 304C, 609). The Bill changes an administrative discretion to a mandatory action in one place—an application to cancel a negative notice \"must\" be decided and the negative notice cancelled in certain events (s 609).\n\n- Consequential, minor amendments to the Education (General Provisions) Act 2006 and Police Powers and Responsibilities Act 2000 update those Acts to use the new \"prescribed offence\" concept (Schedule 1).\n\nWho is affected\n\n- People who impersonate government agencies or claim to act with their authority — they can be charged under new s 97A (Criminal Code, new s 97A).\n- People convicted of sexual offences, courts, prosecutors and defence lawyers — sentencing criteria change, affecting mitigation arguments, aggravating factors and how courts must treat victim harm and victim‑impact statements (Penalties and Sentences Act, s 9 and s 179K; transitional ss 263–265).\n- Persons subject to working-with-children screening and potential employers in child-related work — the list of offences that trigger screening or disqualification becomes broader and more explicitly inclusive of attempts, counselling, conspiracies and equivalent foreign offences (Working with Children Act, s 295).\n- Persons and organisations operating in or near maritime areas covered by the Crimes at Sea Act — the geographic scope and map are updated (Crimes at Sea Act schedule amendments).\n- Administrative agencies responsible for screening, notifications and deciding cancellation applications — some processes are made mandatory (Working with Children Act, s 609).\n\nWhy these changes matter (stated purposes and practical effects)\n\n- Stated purpose-claims: the Bill’s substantive measures signal (a) tougher consideration of victim harm and limited applicability of \"good character\" mitigation in sexual‑offence sentencing; (b) clearer and broader screening rules for working with children; and (c) a criminal prohibition on falsely claiming to be a government agency. Those are explicit in the text (Penalties and Sentences Act amendments; Working with Children Act amendments; Criminal Code new s 97A).\n\n- Testing those claims against trade-offs and implementation details:\n  - Sentencing measures (s 9 amendments and s 179K):\n    - Costs and incentives: giving greater statutory weight to victim harm and limiting good‑character mitigation in sexual‑offence cases will tend to increase sentences or reduce mitigation in some cases, which can raise correctional costs (more or longer custodial orders) and shift plea‑bargaining dynamics. The changes concentrate benefits (stronger statutory recognition of victim harm) and impose diffuse costs (higher custodial costs borne by taxpayers).\n    - Behavioural effect: defence strategies will change — more emphasis on contesting aggravating factors and producing rehabilitation evidence relevant to risk rather than relying on generic character evidence (see inserted ss (3A)–(3D)). Courts must balance these new constraints in individual cases; the Bill leaves judicial discretion but narrows permissible mitigating uses of \"good character.\"\n    - Implementation risk: the new rules create layered assessments (e.g. deciding when good character \"assisted\" commission of the offence) that will generate interpretive litigation and require judicial guideline development.\n  - Working-with-children measures (s 295 and related changes):\n    - Scope: the definition of \"prescribed offence\" is deliberately broad (includes attempts, counselling, conspiracies and foreign equivalents). That expands the set of people who can be screened out of child-related work.\n    - Costs and incentives: employers in child‑facing sectors and applicants will face a larger screening footprint and potentially more cancellations/refusals. Administrative agencies will have a larger caseload; depending on resourcing, delays or backlogs are possible. The mandatory cancellation provision (s 609 amendment: \"must\" cancel) reduces administrative discretion and could speed relief for some applicants, but may also create compliance tasks for agencies.\n    - Effects on private choice and business: child‑facing employers may face greater recruitment constraints and need more compliance checks; small organisations relying on casual staff could be particularly affected.\n  - New offence of impersonating government agencies (Criminal Code new s 97A):\n    - Direct effect: people who falsely claim to be a government agency or to act with its authority face criminal exposure (max 3 years). The Bill allows regulations to specify which bodies are \"government agencies\" (s 97A(3)(b)), giving the executive power to extend the rule.\n    - Speech and business effects: the provision captures commercial or private actors who present themselves as government representatives (for example, misleading business solicitations or deceptive contracting). The statutory \"reasonable excuse\" defence (s 97A(2)) and an example for artistic purpose exist, but the Bill does not specify a fault element (intent or recklessness) in the offence text, which could produce litigation over whether prosecution requires proof of intent to deceive or is strict liability. That legal uncertainty raises compliance costs (businesses may change messaging practices to avoid risk) and imposes enforcement costs on prosecutors.\n    - Regulatory discretion risk: because regulations can prescribe what counts as a government agency, the practical scope can expand beyond public‑sector bodies listed in the Public Sector Act 2022 (s 97A(3)).\n  - Crimes-at-sea technical amendments:\n    - Mostly alignment with current Commonwealth maritime statutes and replacement of an earlier exemption (removal of an \"Area A\" non-application). Depending on how the removed exemption functioned, this may expand the geographic reach of state scheme provisions and thus increase the pool of conduct subject to Queensland criminal jurisdiction at sea.\n\nWho pays, who decides, and what changes behaviour\n\n- Who pays: taxpayers (potential higher correctional and administrative costs), regulated persons (compliance costs for employers, applicants and communicators), and individuals prosecuted for impersonation or facing different sentencing outcomes.\n- Who decides: courts apply the new sentencing criteria and interpret when \"good character\" is mitigating; agencies decide screening outcomes and cancellations under the Working with Children Act; the executive (via regulation) can expand what counts as a \"government agency\" for the new impersonation offence (s 97A(3)(b)).\n- Behavioural changes: defendants and lawyers will tailor mitigation evidence; employers will alter recruitment and screening practices for child‑facing roles; communicators and businesses may avoid language that could be read as claiming governmental authority; agencies will adjust processes to meet mandatory decision obligations.\n\nImplementation and compliance risks\n\n- Ambiguity about the mental element for the new impersonation offence (no express mens rea) is a likely source of litigation and enforcement uncertainty (Criminal Code new s 97A).\n- The sentencing rule that courts must not treat \"good character\" as mitigating if it \"assisted\" the offence requires case‑by‑case forensic findings; that will increase evidentiary and judgment complexity for courts and parties (Penalties and Sentences Act, new ss (3A)–(3D) and (6A)).\n- The expanded definition of \"prescribed offence\" captures a broad universe (attempts, counselling, foreign equivalents). Administrative capacity will determine whether screening and notification systems can operate without delays; mandatory cancellation duties may reduce some uncertainty but increase agencies' processing responsibility (Working with Children Act s 295 and s 609).\n\nSummary of major provisions by section (quick map)\n\n- Criminal Code new s 97A: offence for false representation of being a government agency or acting for one (max 3 years); reasonable excuse defence; regulation can prescribe agencies.\n- Penalties and Sentences Act s 9: add victim harm as a guideline; narrow use of \"good character\" mitigation in sexual‑offence cases; treat age 16–17 victims as generally aggravating for certain offences; transitional provisions apply changes to sentencing after commencement.\n- Penalties and Sentences Act s 179K: absence of victim impact statement cannot alone be taken to mean little harm.\n- Working with Children Act s 295: introduces \"prescribed offence\" (broadly defined) and related technical and administrative changes (ss 304B, 304C, 609); consequential amendments to Education Act and Police Powers Act.\n- Crimes at Sea Act schedule: replaces references to an older Commonwealth Act with the Offshore Petroleum and Greenhouse Gas Storage Act and removes a previous exception; updates the map.\n\nOverall: the Bill alters sentencing guidance for sexual offences and strengthens screening and administrative rules for child‑related work, while adding a standalone criminal prohibition on falsely claiming to be a government agency and making technical jurisdictional updates for maritime law. Each of those changes shifts incentives for courts, agencies, employers and private actors in identifiable ways and introduces points of interpretive and administrative risk (see cited sections)."}},"importantCases":[],"_links":{"self":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025","history":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025/history","analysis":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025/analysis","conflicts":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025/conflicts","importantCases":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025/important-cases","documents":"/api/acts/penalties-and-sentences-sexual-offences-and-other-legislation-amendment-bill-2025/documents"}}