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.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Privacy Amendment (Protecting
Children from Paparazzi) Bill 2015
No. , 2015
(Mr Katter)
A Bill for an Act to amend the Privacy Act 1988,
and for related purposes
No. , 2015
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Privacy Act 1988
3
No. , 2015
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
1
A Bill for an Act to amend the Privacy Act 1988,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Privacy Amendment (Protecting
5
Children from Paparazzi) Act 2015.
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
12
2
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. 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repealed as set out in the applicable items in the Schedule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. , 2015
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
3
Schedule 1--Amendments
1
2
Privacy Act 1988
3
1 After Part III
4
Insert:
5
Part IIIAA--Interferences with privacy: offences
6
7
18A Interference with privacy of children
8
Offence
9
(1) A person (the defendant) commits an offence if:
10
(a) the defendant engages in the following conduct in relation to
11
a person who is under 16 years of age (the victim):
12
(i) making, or attempting to make, a record of the victim's
13
image or voice;
14
(ii) following or lying in wait for the victim; and
15
(b) the defendant engages in the conduct without the consent of a
16
parent or guardian of the victim; and
17
(c) the defendant engages in the conduct because of the job,
18
vocation, occupation or profession of:
19
(i) a parent, step-parent or grandparent of the victim; or
20
(ii) a carer or guardian of the victim; and
21
(d) the conduct:
22
(i) causes the victim to be annoyed, alarmed, tormented, or
23
terrorised, or causes the victim emotional distress; or
24
(ii) is likely to cause a reasonable person in the position of
25
the victim to be annoyed, alarmed, tormented, or
26
terrorised, or is likely to cause such a person emotional
27
distress.
28
Penalty: 200 penalty units.
29
Schedule 1 Amendments
4
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
No. , 2015
Severability--additional effect of subsection (1)
1
(2) Without limiting the effect of subsection (1) apart from this
2
subsection, that subsection also has the effect it would have if its
3
operation were expressly confined to an operation to give effect to
4
the following:
5
(a) the International Covenant on Civil and Political Rights done
6
at New York on 16 December 1966 ([1980] ATS 23), and in
7
particular Articles 17 and 24(1) of the Covenant;
8
(b) Article 16 of the Convention on the Rights of the Child done
9
at New York on 20 November 1989 ([1991] ATS 4).
10
(3) Without limiting the effect of subsection (1) apart from this
11
subsection, that subsection also has the effect it would have if its
12
operation were expressly confined to conduct engaged in by a
13
corporation.
14
(4) Without limiting the effect of subsection (1) apart from this
15
subsection, that subsection also has the effect it would have if its
16
operation were expressly confined to conduct engaged in in the
17
course of, or in relation to, trade or commerce:
18
(a) between Australia and places outside Australia; or
19
(b) among the States; or
20
(c) within a Territory, between a State and a Territory or
21
between 2 Territories.
22
(5) Without limiting the effect of subsection (1) apart from this
23
subsection, that subsection also has the effect it would have if its
24
operation were expressly confined to conduct engaged in in the
25
course of:
26
(a) banking (other than State banking not extending beyond the
27
limits of the State concerned); or
28
(b) insurance (other than State insurance not extending beyond
29
the limits of the State concerned).
30
(6) Without limiting the effect of subsection (1) apart from this
31
subsection, that subsection also has the effect it would have if its
32
operation were expressly confined to conduct engaged in using a
33
postal, telegraphic, telephonic or other like service within the
34
meaning of paragraph 51(v) of the Constitution.
35
Amendments Schedule 1
No. , 2015
Privacy Amendment (Protecting Children from Paparazzi) Bill 2015
5
(7) Without limiting the effect of subsection (1) apart from this
1
subsection, that subsection also has the effect it would have if its
2
operation were expressly confined to conduct engaged in in a
3
Territory.
4
(8) Without limiting the effect of subsection (1) apart from this
5
subsection, that subsection also has the effect it would have if its
6
operation were expressly confined to conduct engaged in in a place
7
acquired by the Commonwealth for public purposes.
8
(9) Section 12B (severability--additional effect of this Act) does not
9
apply in relation to this section.
10