Inquiry into the Provisions of the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill (No. 2) 2004

Inquiry into the Provisions of the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill (No. 2) 2004

On 5 August 2004, the Senate referred the provisions of the above Bill to the Senate Legal and Constitutional Legislation Committee for inquiry and report by 11 August 2004.

The Bill will repeal the telecommunications offences in the Crimes Act 1914 and replace them with new and updated telecommunications offences in the Criminal Code. Updating and moving existing Crimes Act offences into the Criminal Code is a part of the process of placing all the Commonwealth’s serious offences in the Code.

The proposed offences prohibiting child pornography and child abuse material focus on the use offenders make of the anonymity of new technological tools, such as the Internet, to further their exploitative ends. In line with the tough federal crimes sex tourism offences in the Crimes Act 1914, new offences will also target online ‘grooming’ activities by sexual predators.

Also among the new and updated offences proposed to be included in the Criminal Code are offences dealing with menacing, harassing or offensive use of a telecommunications service, including the Internet; modification of the International Mobile Equipment Identity (IMEI) number of mobile phones; copying of mobile phone Subscriber Identity Module (SIM) card data; threats and hoaxes made using a telecommunications service; and improper use of the emergency call service.

The Bill also inserts into the Criminal Code Part 9.6 - ‘Contamination offences’ - which contains new offences targeting those who contaminate, falsely state that they have contaminated or threaten to contaminate, goods intending to cause public alarm, economic loss or (for some offences) harm to public health. These offences are designed to complement existing State and Territory offences, providing coverage for contamination or threatened contamination which is of national significance.

Terms of Reference

Submissions

General Notes to Assist in the Preparation of Submissions

Lodging Submissions

Submissions are called for by 6 August 2004. Submissions become Committee documents and are only made public after a decision by the Committee. Unauthorised release of submissions is not covered by parliamentary privilege. Further assistance can be obtained by phoning the secretariat on (02) 6277 3560.


The Committee encourages the lodgement of submissions in electronic form to legcon.sen@aph.gov.au. Please ensure that a postal address and phone number is enclosed with all email submissions.

Submissions may also be faxed to (02) 6277 5794.

Public Hearings

Monday 9 August 2004 Canberra

Report - Tabled 11 August 2004

For further information