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30    Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Bill 2017

Order read for the adjourned debate on the motion of the Minister for Finance (Senator Cormann)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

 

 

 

In the committee

Bill taken as a whole by leave.

Senator Kakoschke-Moore moved the following amendments together by leave:

Clause 2 , page 2 (table item 2 ), omit “ Schedule 1 ”, substitute “ Schedules 1 and 2 ”.

Page 7 (after line 27) , at the end of the bill, add:

Schedule 2 Cybersex trafficking

Part 1 Sexual offences

Criminal Code Act 1995

1  Paragraph 272.8(2)(b) of the Criminal Code

After “presence of the person”, insert “(including presence by a means of communication that allows the person to see or hear the child)”.

2  Paragraph 272.9(2)(b) of the Criminal Code

After “presence of the person”, insert “(including presence by a means of communication that allows the person to see or hear the child)”.

3  Section 272.10 of the Criminal Code (heading)

Repeal the heading, substitute:

272.10   Aggravated offence—mental impairment, under care of defendant, young child, multiple persons, torture or payment

4  Paragraph 272.10(1)(b) of the Criminal Code

Repeal the paragraph, substitute:

                              (b)  any of the following applies:

                                                  (i)   at the time the person commits the underlying offence, the child has a mental impairment;

                                                 (ii)   at the time the person commits the underlying offence, the person is in a position of trust or authority in relation to the child, or the child is otherwise under the care, supervision or authority of the person;

                                                (iii)   at the time the person commits the underlying offence, the child is, or reasonably appears to be, under 10 years old;

                                                (iv)   more than one person (other than the child) is present (including by a means of communication that allows a person to see or hear the child) at the time the person commits the underlying offence;

                                                 (v)   at the time the person commits the underlying offence, an act of torture, cruelty or degrading treatment is done to the child;

                                                (vi)   the person pays a fee or reward, or provides another benefit, in relation to the underlying offence.

5  Paragraph 272.12(2)(b) of the Criminal Code

After “presence of the person”, insert “(including presence by a means of communication that allows the person to see or hear the young person)”.

6  Paragraph 272.13(2)(b) of the Criminal Code

After “presence of the person”, insert “(including presence by a means of communication that allows the person to see or hear the young person)”.

7  Paragraph 474.26(3)(e) of the Criminal Code

After “in the presence”, insert “(including by a means of communication that allows a person to see or hear another person)”.

8  Paragraph 474.27(3)(f) of the Criminal Code

After “in the presence”, insert “(including by a means of communication that allows a person to see or hear another person)”.

Part 2 Internet service providers and internet content hosts

Criminal Code Act 1995

9  Section 474.25 of the Criminal Code

Before “A person”, insert “(1)”.

10  Paragraph 474.25(c) of the Criminal Code

Omit “refer details of the material”, substitute “provide the information mentioned in subsection (2)”.

11  Section 474.25 of the Criminal Code (penalty)

Omit “100”, substitute “800”.

12  At the end of section 474.25 of the Criminal Code

Add:

     (2)   The information is:

                              (a)  details of the material; and

                              (b)  the address, telephone number and email address of the internet service provider or internet content host; and

                               (c)  the following information, to the extent it is in the possession or control of the internet service provider or internet content host:

                                                  (i)   information relating to the identity of any person who appears to have accessed the material, including but not limited to email address, internet protocol address, URL, user name or any other identifying information;

                                                 (ii)   information relating to when and how the material was uploaded, transmitted, received or accessed;

                                                (iii)   information relating to when and how the material was reported to or discovered by the internet service provider or internet content host;

                                                (iv)   information relating to the location of any person who appears to have uploaded, transmitted, received or accessed the material, including but not limited to:

                                                            (A)   internet protocol address; and

                                                            (B)   billing address; and

                                                            (C)   any geographic information provided to the internet service provider or internet content host by the person;

                                                 (v)   any image of the material;

                                                (vi)   if the material was in a communication, the communication, including but not limited to:

                                                            (A)   any data or information regarding the transmission of the communication; and

                                                            (B)   any images, data, or other digital files contained in, or attached to, the communication.

     (3)   Nothing in this section limits any requirement applying to an internet service provider or internet content host under any law of the Commonwealth, a State or a Territory.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Bill debated, agreed to and reported without amendment

 

 

 

The Deputy President (Senator Lines) resumed the chair and the Chair of Committees reported accordingly.

On the motion of Senator Cormann the report from the committee was adopted and the bill read a third time.