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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Criminal Code Amendment (Inciting
Illegal Disruptive Activities) Bill 2023
No. , 2023
(Senator Antic)
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
No. , 2023
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Criminal Code Act 1995
3
No. , 2023
Criminal Code Amendment (Inciting Illegal Disruptive Activities)
Bill 2023
1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Criminal Code Amendment (Inciting Illegal
5
Disruptive Activities) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
2
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
3
Schedule 1--Amendments
1
2
Criminal Code Act 1995
3
1 Section 473.1 of the Criminal Code
4
Insert:
5
major business area
has the meaning given by section 473.6.
6
2 At the end of Division 473 of the Criminal Code
7
Add:
8
473.6 Major business area
9
For the purposes of this Part, a reference to a major business area is
10
a reference to:
11
(a) a central business district of a city in Australia; or
12
(b) another precinct of a city in Australia that functions as a
13
centre of significant business or cultural activity.
14
3 At the end of Division 474 of the Criminal Code
15
Add:
16
Subdivision K--Offences relating to use of carriage service for
17
inciting trespass, property damage, or disruption of
18
traffic, in a major business area
19
474.49 Using a carriage service for inciting trespass in a major
20
business area
21
(1) A person (the
offender
) commits an offence if:
22
(a) the offender transmits, makes available, publishes or
23
otherwise distributes material; and
24
(b) the offender does so using a carriage service; and
25
Schedule 1
Amendments
4
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
No. , 2023
(c) the offender does so with the intention of inciting another
1
person to trespass on land or premises in a major business
2
area; and
3
(d) the offender is reckless as to whether:
4
(i) the trespass of the other person on the land or premises;
5
or
6
(ii) any conduct engaged in by the other person while
7
trespassing on the land or premises;
8
could cause detriment to a business that is being carried on
9
on the land or premises.
10
Penalty: Imprisonment for 12 months.
11
(2) Subsection (1) does not apply to material if the material relates to a
12
news report, or a current affairs report, that:
13
(a) is in the public interest; and
14
(b) is made by a person working in a professional capacity as a
15
journalist.
16
(3) In a prosecution for an offence against subsection (1), the
17
defendant does not bear an evidential burden in relation to the
18
matters in subsection (2), despite subsection 13.3(3).
19
(4) Subsection (1) does not apply to conduct engaged in by a person if,
20
as a result of the operation of a law of the Commonwealth, a State
21
or a Territory, the person is not subject to any civil or criminal
22
liability for the conduct.
23
Note 1:
The
Public Interest Disclosure Act 2013
provides that an individual is
24
not subject to any civil or criminal liability for making a public
25
interest disclosure.
26
Note 2:
Section 1317AB of the
Corporations Act 2001
provides that a person
27
who makes a disclosure that qualifies for protection under
28
Part 9.4AAA of that Act is not subject to any civil or criminal liability
29
for making the disclosure.
30
Note 3:
A defendant bears an evidential burden in relation to the matters in
31
this subsection (see subsection 13.3(3)).
32
(5) Subsection (4) does not limit section 10.5 (lawful authority).
33
Amendments
Schedule 1
No. , 2023
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
5
474.50 Using a carriage service for inciting property damage or theft
1
in a major business area
2
(1) A person (the
offender
) commits an offence if:
3
(a) the offender transmits, makes available, publishes or
4
otherwise distributes material; and
5
(b) the offender does so using a carriage service; and
6
(c) the offender does so with the intention of inciting another
7
person to:
8
(i) unlawfully damage property in a major business area; or
9
(ii) unlawfully destroy property in a major business area; or
10
(iii) commit theft of property in a major business area.
11
Penalty: Imprisonment for 5 years.
12
(2) Subsection (1) does not apply to material if the material relates to a
13
news report, or a current affairs report, that:
14
(a) is in the public interest; and
15
(b) is made by a person working in a professional capacity as a
16
journalist.
17
(3) In a prosecution for an offence against subsection (1), the
18
defendant does not bear an evidential burden in relation to the
19
matters in subsection (2), despite subsection 13.3(3).
20
(4) Subsection (1) does not apply to conduct engaged in by a person if,
21
as a result of the operation of a law of the Commonwealth, a State
22
or a Territory, the person is not subject to any civil or criminal
23
liability for the conduct.
24
Note 1:
The
Public Interest Disclosure Act 2013
provides that an individual is
25
not subject to any civil or criminal liability for making a public
26
interest disclosure.
27
Note 2:
Section 1317AB of the
Corporations Act 2001
provides that a person
28
who makes a disclosure that qualifies for protection under
29
Part 9.4AAA of that Act is not subject to any civil or criminal liability
30
for making the disclosure.
31
Note 3:
A defendant bears an evidential burden in relation to the matters in
32
this subsection (see subsection 13.3(3)).
33
(5) Subsection (4) does not limit section 10.5 (lawful authority).
34
Schedule 1
Amendments
6
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
No. , 2023
When a person commits theft
1
(6) For the purposes of this section, a person commits theft of property
2
if:
3
(a) the property belongs to another person; and
4
(b) the person dishonestly appropriates the property with the
5
intention of permanently depriving the other person of the
6
property.
7
(7) An expression used in subsection (6) and in Chapter 7 has the same
8
meaning in that subsection as it has in that Chapter.
9
(8) In a prosecution for an offence against this section, the
10
determination of dishonesty is a matter for the trier of fact.
11
(9) Sections 131.2 to 131.11 apply (with appropriate modifications) in
12
determining whether a person commits theft of property (within the
13
meaning of this section).
14
474.51 Using a carriage service for inciting unlawful obstruction of
15
roads etc. in a major business area
16
(1) A person (the
offender
) commits an offence if:
17
(a) the offender transmits, makes available, publishes or
18
otherwise distributes material; and
19
(b) the offender does so using a carriage service; and
20
(c) the offender does so with the intention of inciting another
21
person to unlawfully obstruct the path of a road user in a
22
major business area.
23
Penalty: Imprisonment for 12 months.
24
(2) Subsection (1) does not apply to material if the material relates to a
25
news report, or a current affairs report, that:
26
(a) is in the public interest; and
27
(b) is made by a person working in a professional capacity as a
28
journalist.
29
(3) In a prosecution for an offence against subsection (1), the
30
defendant does not bear an evidential burden in relation to the
31
matters in subsection (2), despite subsection 13.3(3).
32
Amendments
Schedule 1
No. , 2023
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023
7
(4) Subsection (1) does not apply to conduct engaged in by a person if,
1
as a result of the operation of a law of the Commonwealth, a State
2
or a Territory, the person is not subject to any civil or criminal
3
liability for the conduct.
4
Note 1:
The
Public Interest Disclosure Act 2013
provides that an individual is
5
not subject to any civil or criminal liability for making a public
6
interest disclosure.
7
Note 2:
Section 1317AB of the
Corporations Act 2001
provides that a person
8
who makes a disclosure that qualifies for protection under
9
Part 9.4AAA of that Act is not subject to any civil or criminal liability
10
for making the disclosure.
11
Note 3:
A defendant bears an evidential burden in relation to the matters in
12
this subsection (see subsection 13.3(3)).
13
(5) Subsection (4) does not limit section 10.5 (lawful authority).
14
(6) In this section:
15
Australian Road Rules
means the model legislation set out in
16
Schedule 1 to the
National Transport Commission (Road Transport
17
Legislation--Australian Road Rules) Regulations 2006
.
18
road user
has the same meaning as in the Australian Road Rules.
19
474.52 Implied freedom of political communication
20
(1) This Subdivision does not apply to the extent (if any) that it would
21
infringe any constitutional doctrine of implied freedom of political
22
communication.
23
(2) Subsection (1) does not limit the application of section 15A of the
24
Acts Interpretation Act 1901
to this Act.
25
4 Subsections 475.1A(1) and (2) of the Criminal Code
26
Omit "or J", substitute ", J or K".
27
5 Paragraphs 475.1B(1)(a) and (2)(a) of the Criminal Code
28
Omit "or J", substitute ", J or K".
29