Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Places and Services
(Facial Recognition) Bill 2018
No. , 2018
(Senator Bernardi)
A Bill for an Act to amend the law relating to
Commonwealth places and services and facial
recognition, and for related purposes
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments to the Criminal Code
3
Criminal Code Act 1995
3
Schedule 2--Amendments to the Social Security
(Administration) Act 1999
6
Social Security (Administration) Act 1999
6
Schedule 3--Amendment of the Australian Citizenship Act
2007
9
Australian Citizenship Act 2007
9
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
1
A Bill for an Act to amend the law relating to
1
Commonwealth places and services and facial
2
recognition, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Commonwealth Places and Services (Facial
6
Recognition) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Commonwealth Places and Services (Facial Recognition) Bill 2018
No. , 2018
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repealed as set out in the applicable items in the Schedule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 to the Criminal Code Schedule 1
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
3
Schedule 1--Amendments to the Criminal
1
Code
2
3
Criminal Code Act 1995
4
1 At the end of Chapter 9 of the Criminal Code
5
Add:
6
Part 9.10--Wearing full face coverings in
7
Commonwealth places and Territories
8
Division 395--Wearing full face coverings in
9
Commonwealth places and Territories
10
395.1 Application of this Division
11
This Division applies:
12
(a) in a Commonwealth place (within the meaning of the
13
Commonwealth Places (Application of Laws) Act 1970); and
14
(b) in a Territory.
15
395.2 Wearing full face coverings in Commonwealth places and
16
Territories
17
(1) A person commits an offence if the person wears a full face
18
covering in a public place.
19
Penalty:
20
(a) 1 penalty unit for the first offence; or
21
(b) 5 penalty units for the second offence; or
22
(c) Imprisonment for 1 month or 10 penalty units, or both for a
23
third or subsequent offence.
24
(2) A person commits an offence if:
25
(a) the person compels another person to wear a full face
26
covering in a public place; and
27
(b) the other person is under 18 years of age.
28
Schedule 1 Amendments to the Criminal Code
4
Commonwealth Places and Services (Facial Recognition) Bill 2018
No. , 2018
Penalty:
1
(c) 1 penalty unit for the first offence; or
2
(d) 5 penalty units for the second offence; or
3
(e) Imprisonment for 1 month or 10 penalty units, or both for a
4
third or subsequent offence.
5
Exception
6
(3) Subsections (1) and (2) do not apply if the wearing of the full face
7
covering is reasonably necessary, in all the circumstances, for any
8
of the following purposes:
9
(a) the lawful pursuit of the wearer's occupation;
10
(b) the wearer's participation in lawful entertainment, recreation
11
or sport;
12
(c) a genuine artistic purpose;
13
(d) protection from physical harm, if the full face covering is
14
safety equipment or a medical treatment; or
15
(e) such other purposes as are prescribed by the regulations.
16
Note:
A defendant bears an evidential burden in relation to the matters in
17
subsection (4): see subsection 13.3(3) of the Criminal Code.
18
(4) This section does not apply to the extent (if any) that it would
19
infringe any constitutional doctrine of implied freedom of political
20
communication.
21
Definitions
22
(5) In this Part:
23
compel includes:
24
(a) compel by a threat of physical force; and
25
(b) compel by intimidating or coercive conduct, whether or not
26
the conduct involves a threat of physical force; and
27
(c) compel by inducement or promise.
28
full face covering means an item that substantially covers the front
29
of a person's head from the top of the forehead to the base of the
30
chin in a way that conceals the identity of the person (whether or
31
not a part of the person's face can still be seen).
32
public place includes:
33
Amendments to the Criminal Code Schedule 1
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
5
(a) any place to which the public have access as of right or by
1
invitation, whether express or implied and whether or not a
2
charge is made for admission to the place; and
3
(b) the interior of a vehicle that is in a public place;
4
but does not include:
5
(c) a place of worship; or
6
(d) a place where a marriage, civil partnership or civil union
7
ceremony is being lawfully held.
8
Schedule 2 Amendments to the Social Security (Administration) Act 1999
6
Commonwealth Places and Services (Facial Recognition) Bill 2018
No. , 2018
Schedule 2--Amendments to the Social
1
Security (Administration) Act 1999
2
3
Social Security (Administration) Act 1999
4
1 At the end of Division 2 of Part 6
5
Add:
6
Division 2A--Offences relating to full face coverings
7
216A Wearing full face coverings
8
(1) A person commits an offence if:
9
(a) the person wears a full face covering in any building owned
10
or leased by the Commonwealth; and
11
(b) the person engages in conduct in relation to an officer for the
12
purpose of making a claim for a social security payment
13
under the social security law.
14
Penalty:
15
(c) 1 penalty unit for the first offence; or
16
(d) 5 penalty units for the second offence; or
17
(e) Imprisonment for 1 month or 10 penalty units, or both for a
18
third or subsequent offence.
19
(2) A person commits an offence if:
20
(a) the person compels another person to wear a full face
21
covering in any building owned or leased by the
22
Commonwealth; and
23
(b) the other person engages in conduct in relation to an officer
24
for the purpose of making a claim for a social security
25
payment under the social security law; and
26
(c) the other person is under 18 years of age.
27
Penalty:
28
(d) 1 penalty unit for the first offence; or
29
(e) 5 penalty units for the second offence; or
30
Amendments to the Social Security (Administration) Act 1999 Schedule 2
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
7
(f) Imprisonment for 1 month or 10 penalty units, or both for a
1
third or subsequent offence.
2
(3) Despite section 211, subsection (2) applies to any person regardless
3
of whether the person:
4
(a) is making, or has made, a claim for a social security payment
5
under the social security law; or
6
(b) is receiving, or has received, a payment of social security
7
payment under the social security law.
8
Exception
9
(4) Subsections (1) and (2) do not apply if the wearing of the full face
10
covering is reasonably necessary, in all the circumstances, for any
11
of the following purposes:
12
(a) the lawful pursuit of the wearer's occupation;
13
(b) the wearer's participation in lawful entertainment, recreation
14
or sport;
15
(c) a genuine artistic purpose;
16
(d) protection from physical harm, if the full face covering is
17
safety equipment or a medical treatment; or
18
(e) such other purposes as are prescribed by the regulations.
19
Note:
A defendant bears an evidential burden in relation to the matters in
20
subsection (4): see subsection 13.3(3) of the Criminal Code.
21
(5) This section does not apply to the extent (if any) that it would
22
infringe any constitutional doctrine of implied freedom of political
23
communication.
24
Definitions
25
(6) In this Division:
26
compel includes:
27
(a) compel by a threat of physical force; and
28
(b) compel by intimidating or coercive conduct, whether or not
29
the conduct involves a threat of physical force; and
30
(c) compel by inducement or promise.
31
engage in conduct has the same meaning as in the Criminal Code.
32
Schedule 2 Amendments to the Social Security (Administration) Act 1999
8
Commonwealth Places and Services (Facial Recognition) Bill 2018
No. , 2018
full face covering means an item that substantially covers the front
1
of a person's head from the top of the forehead to the base of the
2
chin in a way that conceals the identity of the person (whether or
3
not a part of the person's face can still be seen).
4
Amendment of the Australian Citizenship Act 2007
Schedule 3
No. , 2018
Commonwealth Places and Services (Facial Recognition) Bill 2018
9
Schedule 3--Amendment of the Australian
1
Citizenship Act 2007
2
3
Australian Citizenship Act 2007
4
1 At the end of section 27
5
Add:
6
Pledge not to be made while wearing a full face covering
7
(6) A person must not make a pledge of commitment while wearing a
8
full face covering.
9
(7) In this section full face covering means an item that substantially
10
covers the front of a person's head from the top of the forehead to
11
the base of the chin in a way that conceals the identity of the
12
person (whether or not a part of the person's face can still be seen).
13