House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)

GENERAL OUTLINE

1. This Bill would amend the Criminal Code Act 1995 (Criminal Code) to introduce two new offences relating to the incitement of trespass or property offences on agricultural land.

2. The first offence would apply where a person uses a carriage service to transmit, make available, publish or otherwise distribute material with the intent to incite another person to trespass on agricultural land. This offence would require that the person is reckless as to whether the other person's trespass or related conduct could cause detriment to a primary production business being carried on on the land. A person found guilty of this offence could face up to 12 months' imprisonment.

3. The second offence would apply where a person uses a carriage service to transmit, make available, publish or otherwise distribute material with the intent to incite another person to unlawfully damage or destroy property, or commit theft, on agricultural land. A person found guilty of this offence could face up to five years' imprisonment, to reflect the more serious nature of the incited conduct.

4. 'Agricultural land' is a defined term in the Bill and means land used for a primary production business. Primary production business is defined in the Bill, and would include farming businesses, such as chicken farms and piggeries, as well as businesses operating an abattoir or an animal saleyard.

5. The Bill contains exemptions for journalists and those who are making lawful disclosures of information, including whistleblowers. Under the exemption for journalists, the offences would not apply to material relating to a news report or current affairs report which is in the public interest and is made by a person working in a professional capacity as a journalist.

6. Under the exemption for whistleblowers, the offences would 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 civil or criminal liability for the conduct. For example, the offence would not apply to a person who makes a public interest disclosure in accordance with the Public Interest Disclosure Act 2013 (Cth), whistleblower protections under the Corporations Act 2001 , or in accordance with other Commonwealth, state or territory whistleblower or lawful disclosure regimes.

FINANCIAL IMPACT

7. The Bill is unlikely to have a significant impact on consolidated revenue.