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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Criminal Code Amendment
(Agricultural Protection) Bill 2019
No. , 2019
(Attorney-General)
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
No. , 2019
Criminal Code Amendment (Agricultural Protection) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Agricultural protection
3
Criminal Code Act 1995
3
No. , 2019
Criminal Code Amendment (Agricultural Protection) Bill 2019
1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Criminal Code Amendment (Agricultural
5
Protection) Act 2019.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Criminal Code Amendment (Agricultural Protection) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Agricultural protection Schedule 1
No. , 2019
Criminal Code Amendment (Agricultural Protection) Bill 2019
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Schedule 1--Agricultural protection
1
2
Criminal Code Act 1995
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1 Section 473.1 of the Criminal Code
4
Insert:
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abattoir means a place where animals are slaughtered (whether or
6
not for human consumption), but does not include a restaurant.
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agricultural land means land in Australia that is used for a primary
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production business. For the purposes of this definition, it is
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immaterial:
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(a) whether a part of the land is used for residential purposes; or
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(b) whether a part of the land is used for a business that is not a
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primary production business.
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Crown land means land that is the property of:
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(a) the Commonwealth, a State or a Territory; or
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(b) a statutory authority;
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but does not include land that is subject to a lease to a person other
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than:
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(c) the Commonwealth, a State or a Territory; or
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(d) a statutory authority.
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forestry means:
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(a) planting or tending trees in a plantation or forest that are
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intended to be felled; or
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(b) felling trees in a plantation or forest.
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meat by-product includes skin, hide, tallow, meat meal and
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inedible offal.
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primary production business means any of the following:
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(a) a business of grazing;
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(b) a business of operating animal feedlots;
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(c) a business of dairy farming;
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(d) a business of farming animals for the purpose of producing
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meat or meat by-products;
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Schedule 1 Agricultural protection
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Criminal Code Amendment (Agricultural Protection) Bill 2019
No. , 2019
(e) a business of poultry farming;
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(f) a business of aquaculture;
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(g) a business of bee-keeping;
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(h) a business of operating an abattoir;
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(i) a business of operating livestock sale yards;
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(j) a business of operating a registered establishment (within the
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meaning of the Export Control Act 1982);
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(k) a business of operating a fish processing facility;
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(l) a business of growing fruit;
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(m) a business of growing vegetables;
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(n) a business of growing nuts;
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(o) a business of growing crops;
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(p) a business of viticulture;
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(q) a business of forestry that is carried on on private land.
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private land means land other than Crown land.
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statutory authority means a body established for a public purpose
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by or under a law of the Commonwealth, a State or a Territory.
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2 At the end of Division 474 of the Criminal Code
18
Add:
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Subdivision J--Offences relating to use of carriage service for
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inciting trespass, property damage, or theft, on
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agricultural land
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474.46 Using a carriage service for inciting trespass on agricultural
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land
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(1) A person (the offender) commits an offence if:
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(a) the offender transmits, makes available, publishes or
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otherwise distributes material; and
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(b) the offender does so using a carriage service; and
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(c) the offender does so with the intention of inciting another
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person to trespass on agricultural land; and
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(d) the offender is reckless as to whether:
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(i) the trespass of the other person on the agricultural land;
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or
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Agricultural protection Schedule 1
No. , 2019
Criminal Code Amendment (Agricultural Protection) Bill 2019
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(ii) any conduct engaged in by the other person while
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trespassing on the agricultural land;
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could cause detriment to a primary production business that
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is being carried on on the agricultural land.
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Penalty: Imprisonment for 12 months.
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(2) Subsection (1) does not apply to material if the material relates to a
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news report, or a current affairs report, that:
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(a) is in the public interest; and
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(b) is made by a person working in a professional capacity as a
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journalist.
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Note:
A defendant bears an evidential burden in relation to the matters in
11
this subsection (see subsection 13.3(3)).
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(3) Subsection (1) does not apply to conduct engaged in by a person if,
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as a result of the operation of a law of the Commonwealth, a State
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or a Territory, the person is not subject to any civil or criminal
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liability for the conduct.
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Note 1:
The Public Interest Disclosure Act 2013 provides that an individual is
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not subject to any civil or criminal liability for making a public
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interest disclosure.
19
Note 2:
Section 1317AB of the Corporations Act 2001 provides that a person
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who makes a disclosure that qualifies for protection under
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Part 9.4AAA of that Act is not subject to any civil or criminal liability
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for making the disclosure.
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Note 3:
A defendant bears an evidential burden in relation to the matters in
24
this subsection (see subsection 13.3(3)).
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(4) Subsection (3) does not limit section 10.5 (lawful authority).
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474.47 Using a carriage service for inciting property damage, or
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theft, on agricultural land
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(1) A person (the offender) commits an offence if:
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(a) the offender transmits, makes available, publishes or
30
otherwise distributes material; and
31
(b) the offender does so using a carriage service; and
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(c) the offender does so with the intention of inciting another
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person to:
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(i) unlawfully damage property on agricultural land; or
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Schedule 1 Agricultural protection
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Criminal Code Amendment (Agricultural Protection) Bill 2019
No. , 2019
(ii) unlawfully destroy property on agricultural land; or
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(iii) commit theft of property on agricultural land.
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Penalty: Imprisonment for 5 years.
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(2) Subsection (1) does not apply to material if the material relates to a
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news report, or a current affairs report, that:
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(a) is in the public interest; and
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(b) is made by a person working in a professional capacity as a
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journalist.
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Note:
A defendant bears an evidential burden in relation to the matters in
9
this subsection (see subsection 13.3(3)).
10
(3) Subsection (1) does not apply to conduct engaged in by a person if,
11
as a result of the operation of a law of the Commonwealth, a State
12
or a Territory, the person is not subject to any civil or criminal
13
liability for the conduct.
14
Note 1:
The Public Interest Disclosure Act 2013 provides that an individual is
15
not subject to any civil or criminal liability for making a public
16
interest disclosure.
17
Note 2:
Section 1317AB of the Corporations Act 2001 provides that a person
18
who makes a disclosure that qualifies for protection under
19
Part 9.4AAA of that Act is not subject to any civil or criminal liability
20
for making the disclosure.
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Note 3:
A defendant bears an evidential burden in relation to the matters in
22
this subsection (see subsection 13.3(3)).
23
(4) Subsection (3) does not limit section 10.5 (lawful authority).
24
When a person commits theft
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(5) For the purposes of this section, a person commits theft of property
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if:
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(a) the property belongs to another person; and
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(b) the person dishonestly appropriates the property with the
29
intention of permanently depriving the other person of the
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property.
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(6) An expression used in subsection (5) and in Chapter 7 has the same
32
meaning in that subsection as it has in that Chapter.
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(7) In a prosecution for an offence against this section, the
34
determination of dishonesty is a matter for the trier of fact.
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Agricultural protection Schedule 1
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Criminal Code Amendment (Agricultural Protection) Bill 2019
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(8) Sections 131.2 to 131.11 apply (with appropriate modifications) in
1
determining whether a person commits theft of property (within the
2
meaning of this section).
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474.48 Implied freedom of political communication
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(1) This Subdivision does not apply to the extent (if any) that it would
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infringe any constitutional doctrine of implied freedom of political
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communication.
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(2) Subsection (1) does not limit the application of section 15A of the
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Acts Interpretation Act 1901 to this Act.
9
3 Subsections 475.1A(1) and (2) of the Criminal Code
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Omit "or G", substitute ", G or J".
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4 Paragraphs 475.1B(1)(a) and (2)(a) of the Criminal Code
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Omit "or F", substitute ", F or J".
13