A Bill for an Act to amend the Criminal Code Act 1995, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Criminal Code Amendment (Inciting Illegal Disruptive Activities) Act 2023.
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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Criminal Code Act 1995
1 Section 473.1 of the Criminal Code
Insert:
major business area has the meaning given by section 473.6.
2 At the end of Division 473 of the Criminal Code
Add:
473.6 Major business area
For the purposes of this Part, a reference to a major business area is a reference to:
(a) a central business district of a city in Australia; or
(b) another precinct of a city in Australia that functions as a centre of significant business or cultural activity.
3 At the end of Division 474 of the Criminal Code
Add:
Subdivision K—Offences relating to use of carriage service for inciting trespass, property damage, or disruption of traffic, in a major business area
474.49 Using a carriage service for inciting trespass in a major business area
(1) A person (the offender) commits an offence if:
(a) the offender transmits, makes available, publishes or otherwise distributes material; and
(b) the offender does so using a carriage service; and
(c) the offender does so with the intention of inciting another person to trespass on land or premises in a major business area; and
(d) the offender is reckless as to whether:
(i) the trespass of the other person on the land or premises; or
(ii) any conduct engaged in by the other person while trespassing on the land or premises;
could cause detriment to a business that is being carried on on the land or premises.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:
(a) is in the public interest; and
(b) is made by a person working in a professional capacity as a journalist.
(3) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).
(4) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.
Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.
Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.
Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(5) Subsection (4) does not limit section 10.5 (lawful authority).
474.50 Using a carriage service for inciting property damage or theft in a major business area
(1) A person (the offender) commits an offence if:
(a) the offender transmits, makes available, publishes or otherwise distributes material; and
(b) the offender does so using a carriage service; and
(c) the offender does so with the intention of inciting another person to:
(i) unlawfully damage property in a major business area; or
(ii) unlawfully destroy property in a major business area; or
(iii) commit theft of property in a major business area.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:
(a) is in the public interest; and
(b) is made by a person working in a professional capacity as a journalist.
(3) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).
(4) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.
Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.
Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.
Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(5) Subsection (4) does not limit section 10.5 (lawful authority).
When a person commits theft
(6) For the purposes of this section, a person commits theft of property if:
(a) the property belongs to another person; and
(b) the person dishonestly appropriates the property with the intention of permanently depriving the other person of the property.
(7) An expression used in subsection (6) and in Chapter 7 has the same meaning in that subsection as it has in that Chapter.
(8) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.
(9) Sections 131.2 to 131.11 apply (with appropriate modifications) in determining whether a person commits theft of property (within the meaning of this section).
474.51 Using a carriage service for inciting unlawful obstruction of roads etc. in a major business area
(1) A person (the offender) commits an offence if:
(a) the offender transmits, makes available, publishes or otherwise distributes material; and
(b) the offender does so using a carriage service; and
(c) the offender does so with the intention of inciting another person to unlawfully obstruct the path of a road user in a major business area.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:
(a) is in the public interest; and
(b) is made by a person working in a professional capacity as a journalist.
(3) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).
(4) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.
Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.
Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.
Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(5) Subsection (4) does not limit section 10.5 (lawful authority).
(6) In this section:
Australian Road Rules means the model legislation set out in Schedule 1 to the National Transport Commission (Road Transport Legislation—Australian Road Rules) Regulations 2006.
road user has the same meaning as in the Australian Road Rules.
474.52 Implied freedom of political communication
(1) This Subdivision does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
(2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.
4 Subsections 475.1A(1) and (2) of the Criminal Code
Omit “or J”, substitute “, J or K”.
5 Paragraphs 475.1B(1)(a) and (2)(a) of the Criminal Code
Omit “or J”, substitute “, J or K”.