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Thursday, 28 June 2018
Page: 4404


Senator McKIM (Tasmania) (18:23): by leave—I move amendments (1) to (7) on sheet 8482, together:

(1) Schedule 1, item 8, page 14 (after line 9), at the end of section 82.10 of the Criminal Code, add:

(3) It is a defence to a prosecution for an offence by a person against this Division if the person engaged in the conduct in the course of criticising or protesting any of the following:

(a) a law in force in the Commonwealth or in a State or Territory;

(b) a proposed law of the Commonwealth or of a State or Territory;

(c) a policy of the Commonwealth Government or of a State or Territory government;

(d) a decision or action, or proposed decision or action, of a public official;

(e) a decision or action of a member of:

   (i) the Parliament of the Commonwealth; or

   (ii) a parliament of a State; or

   (iii) the legislative assembly of a Territory;

(f) the outcome of an election or similar political process.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

(2) Schedule 1, item 8, page 30 (after line 7), at the end of section 91.4 of the Criminal Code, add:

(4) It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or

(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

(c) making or publishing a report of an event, or matter, of public interest; or

(d) bringing a matter concerning Australia's compliance with international law to the attention of a public international organisation of which Australia is a member.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

(3) Schedule 1, item 8, page 34 (after line 7), at the end of section 91.9 of the Criminal Code, add:

(3) It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or

(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

(c) making or publishing a report of an event, or matter, of public interest; or

(d) bringing a matter concerning Australia's compliance with international law to the attention of a public international organisation of which Australia is a member.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

(4) Schedule 1, item 8, page 36 (line 2), before "It", insert "(1)".

(5) Schedule 1, item 8, page 36 (after line 11), at the end of section 91.13 of the Criminal Code, add:

(2) It is a defence to a prosecution for an offence by a person against this Subdivision that the person dealt with the information or article in the course of:

(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or

(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

(c) making or publishing a report of an event, or matter, of public interest; or

(d) bringing a matter concerning Australia's compliance with international law to the attention of a public international organisation of which Australia is a member.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

(6) Schedule 1, item 8, page 40 (line 25), before "It", insert "(1)".

(7) Schedule 1, item 8, page 40 (after line 32), at the end of section 92.5 of the Criminal Code, add:

(2) It is a defence to a prosecution for an offence by a person against this Subdivision that the person engaged in the conduct in the course of:

(a) making or reporting a statement in the public interest or for an artistic or academic purpose; or

(b) contributing to a discussion or debate that is of public interest or has an artistic or academic purpose; or

(c) making or publishing a report of an event, or matter, of public interest; or

(d) bringing a matter concerning Australia's compliance with international law to the attention of a public international organisation of which Australia is a member.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

The CHAIR: The question is that the amendments as moved by Senator McKim be agreed to.