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Privacy Amendment (Protecting Children from Paparazzi) Bill 2015

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2013 - 2014 - 2015

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

Privacy Amendment (Protecting Children from Paparazzi) Bill 2015

 

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Hon Bob Katter MP



Privacy Amendment (Protecting Children from Paparazzi) Bill 2015

 

OUTLINE

 

The bill amends the Privacy Act 1988 to insert a new criminal offence provision for those who harass the children of celebrities or any other person due to that person’s vocation or occupation, through their attempt to photograph or record the child’s image or voice, whether by following or lying in wait for the child.

 

The children of persons of prominence should not be forced into the public arena for public scrutiny.  Everyone has a right to privacy unless and except that they place themselves in the public arena.   The taking of photographs of children against their will or permission, or that of their parent or guardian, should be illegal.

 

FINANCIAL IMPACT

The Bill will have no financial impact. 

 

STATEMENT ON COMPATIBILITY WITH HUMAN RIGHTS

 

The Statement of Compatibility with Human Rights appears at the end of this Explanatory Memorandum.

 

 

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides for the Act, when enacted, to be cited as the Privacy Amendment (Protecting Children from Paparazzi) Act 2015.

 

Clause 2 - Commencement

This clause provides for the Act to commence on the day after it receives Royal Assent.

 

Clause 3 — Schedule

This clause provides for the amendment of the Privacy Act 1988 in accordance with the items set out in the Schedule.

 

Schedule 1 — Amendments

 

Privacy Act 1988

 

Item 1 — After Part III, insert:

 

Part IIIAA - Interferences with privacy: offences

 

18A Interference with privacy of children

 

Subsection (1) provides a new criminal offence for any person who interferes with the privacy of children. 

 

The person commits an offence if they:

 

·          Engage in relevant conduct in relation to a person under 16 years of age (the victim); namely:   

o    Making or attempting to make a record of the victim’s image or voice; or

o    Following or lying in wait for the victim;

·          Without the consent of the victim’s parent or guardian;

·          Engage in the conduct because of the job, vocation, occupation or profession of the victim’s parent, step-parent, grandparent, carer or guardian; and

·          The conduct:

o    Causes the victim to be annoyed, alarmed, tormented or terrorized, or causes the victim substantial emotional distress; or

o    Is likely to cause a reasonable person in the position of the victim to be annoyed, alarmed, tormented or terrorized, or is likely to cause such a person substantial emotional distress.

 

The penalty for the offence is imprisonment is 200 penalty units.

 

Subsections (2)-(9) operate to ensure that if for any reason the Bill is to be read down sub-section (1) continues to fall within a recognised head of power.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Privacy Amendment (Protecting Children from Paparazzi) Bill 2015

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Bill

 

The bill amends the Privacy Act 1988 to insert a new criminal offence provision for those who harass the children of celebrities or any other person due to that person’s vocation or occupation, through their attempt to photograph or record the child’s image or voice, whether by following or lying in wait for the child.

 

Human rights implications

 

This Bill does not unacceptably limit any of the applicable rights or freedoms.

 

Conclusion

 

This Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

Hon Bob Katter MP