Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to Commonwealth places and services and facial recognition, and for related purposes
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Registered 11 Sep 2018
Introduced Senate 11 Sep 2018
Table of contents.

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

  

  


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

 

 


A Bill for an Act to amend the law relating to Commonwealth places and services and facial recognition, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Commonwealth Places and Services (Facial Recognition) Act 2018.

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 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 to the Criminal Code

  

Criminal Code Act 1995

1  At the end of Chapter 9 of the Criminal Code

Add:

Part 9.10Wearing full face coverings in Commonwealth places and Territories

Division 395Wearing full face coverings in Commonwealth places and Territories

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  Wearing full face coverings in Commonwealth places and Territories

             (1)  A person commits an offence if the person wears a full face covering in a public place.

Penalty:

                     (a)  1 penalty unit for the first offence; or

                     (b)  5 penalty units for the second offence; or

                     (c)  Imprisonment for 1 month or 10 penalty units, or both for a third or subsequent offence.

             (2)  A person commits an offence if:

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

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

Penalty:

                     (c)  1 penalty unit for the first offence; or

                     (d)  5 penalty units for the second offence; or

                     (e)  Imprisonment for 1 month or 10 penalty units, or both for a third or subsequent offence.

Exception

             (3)  Subsections (1) and (2) 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 or a medical treatment; or

                     (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.

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

Definitions

             (5)  In this Part:

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.

Schedule 2Amendments to the Social Security (Administration) Act 1999

  

Social Security (Administration) Act 1999

1  At the end of Division 2 of Part 6

Add:

Division 2AOffences relating to full face coverings

216A  Wearing full face coverings

             (1)  A person commits an offence if:

                     (a)  the person wears a full face covering in any building owned or leased by the Commonwealth; and

                     (b)  the person engages in conduct in relation to an officer for the purpose of making a claim for a social security payment under the social security law.

Penalty:

                     (c)  1 penalty unit for the first offence; or

                     (d)  5 penalty units for the second offence; or

                     (e)  Imprisonment for 1 month or 10 penalty units, or both for a third or subsequent offence.

             (2)  A person commits an offence if:

                     (a)  the person compels another person to wear a full face covering in any building owned or leased by the Commonwealth; and

                     (b)  the other person engages in conduct in relation to an officer for the purpose of making a claim for a social security payment under the social security law; and

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

Penalty:

                     (d)  1 penalty unit for the first offence; or

                     (e)  5 penalty units for the second offence; or

                      (f)  Imprisonment for 1 month or 10 penalty units, or both for a third or subsequent offence.

             (3)  Despite section 211, subsection (2) applies to any person regardless of whether the person:

                     (a)  is making, or has made, a claim for a social security payment under the social security law; or

                     (b)  is receiving, or has received, a payment of social security payment under the social security law.

Exception

             (4)  Subsections (1) and (2) 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 or a medical treatment; or

                     (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 Division:

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.

engage in conduct has the same meaning as in the Criminal Code.

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).

Schedule 3Amendment of the Australian Citizenship Act 2007

 

Australian Citizenship Act 2007

1  At the end of section 27

Add:

Pledge not to be made while wearing a full face covering

             (6)  A person must not make a pledge of commitment while wearing a full face covering.

             (7)  In this section 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).