Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Privacy Act 1988, and for related purposes
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Registered 23 Nov 2015
Introduced HR 23 Nov 2015
Table of contents.

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

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Privacy Act 1988                                                                                                         3

 

 


A Bill for an Act to amend the Privacy Act 1988, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Privacy Amendment (Protecting Children from Paparazzi) Act 2015.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Privacy Act 1988

1  After Part III

Insert:

Part IIIAAInterferences with privacy: offences

  

18A  Interference with privacy of children

Offence

             (1)  A person (the defendant) commits an offence if:

                     (a)  the defendant engages in the following conduct in relation to a person who is under 16 years of age (the victim):

                              (i)  making, or attempting to make, a record of the victim’s image or voice;

                             (ii)  following or lying in wait for the victim; and

                     (b)  the defendant engages in the conduct without the consent of a parent or guardian of the victim; and

                     (c)  the defendant engages in the conduct because of the job, vocation, occupation or profession of:

                              (i)  a parent, step‑parent or grandparent of the victim; or

                             (ii)  a carer or guardian of the victim; and

                     (d)  the conduct:

                              (i)  causes the victim to be annoyed, alarmed, tormented, or terrorised, or causes the victim emotional distress; or

                             (ii)  is likely to cause a reasonable person in the position of the victim to be annoyed, alarmed, tormented, or terrorised, or is likely to cause such a person emotional distress.

Penalty:  200 penalty units.

Severability—additional effect of subsection (1)

             (2)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to an operation to give effect to the following:

                     (a)  the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23), and in particular Articles 17 and 24(1) of the Covenant;

                     (b)  Article 16 of the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4).

             (3)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in by a corporation.

             (4)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in in the course of, or in relation to, trade or commerce:

                     (a)  between Australia and places outside Australia; or

                     (b)  among the States; or

                     (c)  within a Territory, between a State and a Territory or between 2 Territories.

             (5)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in in the course of:

                     (a)  banking (other than State banking not extending beyond the limits of the State concerned); or

                     (b)  insurance (other than State insurance not extending beyond the limits of the State concerned).

             (6)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution.

             (7)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in in a Territory.

             (8)  Without limiting the effect of subsection (1) apart from this subsection, that subsection also has the effect it would have if its operation were expressly confined to conduct engaged in in a place acquired by the Commonwealth for public purposes.

             (9)  Section 12B (severability—additional effect of this Act) does not apply in relation to this section.