Chapter two - Overview of the bill
2.1
The aim of this Bill is
to revise aspects of the criminal law to meet the challenges of new and
emerging technologies. The Bill introduces new
offences under the Criminal Code involving use of a telecommunications network
or 'carriage service'. Proposed new offences include the use of such a network
or service:
-
To menace, harass or 'cause offence';
-
For child pornography or child abuse material;
and
-
To procure or 'groom' a person under 16 years of
age for a sexual purpose.
2.2
The Bill also proposes
new offences relating to contamination of goods, dishonest financial dealing
and child prostitution on board Australian-registered aircraft.
2.3
The following Acts are amended as a result of this Bill:
-
Mutual
Assistances in Criminal Matters Act 1987;
-
Crimes (Aviation)
Act 1991;
-
Cybercrimes
Act 2001; and
2.4
The main aspects of the Bill are:[1]:
-
Schedule 1 (Telecommunications Offences), inserts
new telecommunications offences into the Criminal Code Chapter 10.6.
-
Schedule 2 (Contamination Offences), inserts a
new Part 9.6 in Chapter 9 of the Criminal Code. It will contain three new
offences designed to overlap and complement the State/Territory contaminations
of goods offences.
-
Schedule 3 (Financial Information Offences),
inserts a new Part 10.8 into Chapter 10 of the Criminal Code ('National Infrastructure'). This offence
relates to dishonestly obtaining, or dealing in personal financial information
without consent. It also criminalises
the possession, control or importation of devices to commit these offences.
-
Schedule 4 (other amendments of the Criminal
Code), makes a number of important clarifying amendments to the Code mostly
in Chapter 2, general principles of criminal responsibility. Chapter 7 has a minor
amendment under this schedule.
-
Schedule 5 (Amendments of other Acts), - clarifies
the operations of part of the Customs Act
1901; corrects a misdescription in the
Cybercrime Act 2001; makes procedural amendment to the Mutual Assistances in Criminal Matters Act 1987; and makes minor
amendment to the Crimes (Aviation) Act
1991.