Senate

Supplementary Explanatory Memorandum

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

AMENDMENTS TO THE CRIMINAL CODE AMENDMENT (AGRICULTURAL PROTECTION) BILL 2019

(Government)

GENERAL OUTLINE

1. The purpose of these amendments to the Criminal Code Amendment (Agricultural Protection) Bill 2019 Bill ('the Bill') and the Explanatory Memorandum to the Bill is:

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To include wood processing and wood fibre processing facilities within the definition of 'primary production business' included in the Bill, providing these facilities with the same protections the Bill would offer to similar industries, and

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to remove the need for a defendant to meet an evidential burden in relation to the journalism defences proposed in the Bill.

2. Specifically, this second measure would mean that the defendant would no longer have an evidential burden in relation to whether the material relates to a news report or a current affairs report that:

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is in the public interest, and

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is made by a person working in a professional capacity as a journalist.

3. The legal burden would remain with the prosecution.

FINANCIAL IMPACT

4. These amendments will have no financial impact.