Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Criminal Code Act 1995 in relation to the wearing of full face coverings in public places, and for related purposes
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Registered 09 Feb 2017
Introduced Senate 08 Feb 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill 2017

 

No.      , 2017

 

(Senator Lambie)

 

 

 

A Bill for an Act to amend the Criminal Code Act 1995 in relation to the wearing of full face coverings in public places, and for related purposes

  

  


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Criminal Code Act 1995                                                                                            3

 

 


A Bill for an Act to amend the Criminal Code Act 1995 in relation to the wearing of full face coverings in public places, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Act 2017.

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.  The whole of the 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Note:          This table relates only to the provisions of this Act as originally enacted.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

  

Criminal Code Act 1995

1  At the end of Chapter 9 of the Criminal Code

Add:

Part 9.10Wearing full face coverings in public places

Division 395Wearing full face coverings in public places

395.1  Application of this Division

                   This Division applies:

                     (a)  in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); and

                     (b)  in a Territory.

395.2  Terrorism threat declaration

             (1)  If the threat level under the National Terrorism Threat Advisory System is higher than possible, the Minister must, by legislative instrument, make a declaration to that effect.

Note 1:       The threat levels higher than possible are probable, expected and certain.

Note 2:       For repeal, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

             (2)  Section 42 (disallowance) of the Legislation Act 2003 does not apply to a declaration made under subsection (1).

395.3  Wearing full face coverings in public places

             (1)  A person commits an offence if:

                     (a)  a terrorism threat declaration is in force; and

                     (b)  the person wears a full face covering in a public place.

Penalty:  20 penalty units.

             (2)  A person commits an offence if:

                     (a)  a terrorism threat declaration is in force; and

                     (b)  the person compels another person to wear a full face covering in a public place.

Penalty:  Imprisonment for 6 months or 200 penalty units, or both.

             (3)  A person commits an offence if:

                     (a)  a terrorism threat declaration is in force; and

                     (b)  the person compels another person to wear a full face covering in a public place; and

                     (c)  the other person is under 18 years of age.

Penalty:  Imprisonment for 12 months or 400 penalty units, or both.

Exception

             (4)  Subsections (1), (2) and (3) do not apply if the wearing of the full face covering is reasonably necessary, in all the circumstances, for any of the following purposes:

                     (a)  the lawful pursuit of the wearer’s occupation;

                     (b)  the wearer’s participation in lawful entertainment, recreation or sport;

                     (c)  a genuine artistic purpose;

                     (d)  protection from physical harm, if the full face covering is safety equipment;

                     (e)  such other purposes as are prescribed by the regulations.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.

             (5)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

Definitions

             (6)  In this section:

compel includes:

                     (a)  compel by a threat of physical force; and

                     (b)  compel by intimidating or coercive conduct, whether or not the conduct involves a threat of physical force; and

                     (c)  compel by inducement or promise.

full face covering means an item that substantially covers the front of a person’s head from the top of the forehead to the base of the chin in a way that conceals the identity of the person (whether or not a part of the person’s face can still be seen).

public place includes:

                     (a)  any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place; and

                     (b)  the interior of a vehicle that is in a public place;

but does not include:

                     (c)  a place of worship; or

                     (d)  a place where a marriage, civil partnership or civil union ceremony is being lawfully held.

terrorism threat declaration means a declaration made by the Minister under section 395.2.