House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Justice, the Hon Michael Keenan MP)

OUTLINE

CRIMINAL CODE AMENDMENT (PROTECTING MINORS ONLINE) BILL 2017

GENERAL OUTLINE

1. This Bill amends the Criminal Code Act 1995 (the Criminal Code), the Crimes Act 1914 (Crimes Act) and the Telecommunications (Interception and Access) Act 1979 (TIA Act).

2. The Bill introduces an offence to criminalise acts to prepare or plan to cause harm to, procure, or engage in sexual activity with, a person under the age of 16.

3. The Bill promotes the protection of children under the age of 16 from online predators by allowing intervention by law enforcement prior to harm or sexual activity taking place. Under this Bill, if an adult uses a carriage service to prepare or plan to cause harm, procure, or engage in sexual activity with a person under the age of 16, that person will have committed an offence. This includes a person misrepresenting their age online as part of a plan to cause harm to another person under 16 years of age.

4. The offence focuses on the use predators make of online interactions, such as social media and messaging applications, to further their exploitative ends. Predators are increasingly exploiting the anonymity of the internet to forge relationships with children as a first step in luring them for sexual abuse and other forms of harm. The new offence targets a broader range of preparatory conduct than captured by existing offences.

5. The new offence will complement existing offences in the Criminal Code for using a carriage service to procure and groom persons under 16 years of age, criminalising preparatory stages of online conduct intended to cause harm to children.

6. The offence is directed at protecting persons under 16 years of age. This is consistent with the age of consent in the majority of Australian States and Territories. Setting the age of consent at 16 years of age strikes the appropriate balance between the need to protect vulnerable persons from sexual exploitation, and the need to allow for sexual autonomy.

7. Schedule 2 of the Bill will make consequential amendments to ensure existing law enforcement powers are available to combat all Commonwealth child sex-related offences. Schedule 2 will make consequential amendments to the Crimes Act and the TIA Act.

8. Further detail about the measures in the Bill and their human rights implications are provided below.

FINANCIAL IMPACT

9. The Bill will have no financial impact on Government revenue.

Abbreviations used in the Explanatory Memorandum