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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill
2017
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Lambie)
CRIMINAL CODE AMENDMENT (PROHIBITION OF FULL FACE
COVERINGS IN PUBLIC PLACES) BILL 2017
OUTLINE
The purpose of the Criminal Code Amendment (Prohibition of Full Face Coverings in Public
Places) Bill 2017 is to amend the Criminal Code Act 1995 (Cth) to increase security in all
public places covered under the jurisdiction of the Commonwealth, and promote civil
harmony and assimilation in a climate of increasing public safety issues.
It is necessary for this Bill to be linked to the National Terrorism Threat Level and activated
when the terrorism threat level reaches 'Probable'. By doing this, the public can feel at ease
knowing the Government is doing everything it can to protect its citizens in face of the
growing threat of terrorism. Full face coverings conceal the identity of the wearer, disrupting
the authorities' ability to track down a perpetrator in the event of a crime. Prohibiting the use
of full face coverings also acts as a deterrent to those who contemplate committing a crime.
This prohibition promotes public safety by making it easier to identify everyone.
The main provisions of this Bill will restrict people from wearing full face coverings in a
Commonwealth place, such as airports, seaports and the Northern and Australian Capital
Territories. There are commonsense exceptions, including the lawful pursuit of the wearer's
occupation; lawful entertainment, recreation and sport; genuine artistic purpose; and safety
equipment.
This Bill will also introduce a further two offences: a) for those who intimidate or force an
adult into wearing identity concealing garments. b) for those who force or intimidate children
into wearing identity concealing garments.
In Australia, the threat from organised crime and terrorism is real. Gone are the easy days
where we knew and trusted our neighbours and left our backdoors unlocked. Many
Australians fear for their lives as soon as they step out their front door, never knowing if they
will be the victim of a random terrorist attack, or if they will feel the impact of organised
crime groups flooding our communities with drugs like ice.
The security and the safety of the community must come first. Moreover, the community
must feel safe. Full face coverings such as helmets, masks, balaclavas and other facial
coverings worn in public without good reason, often cause unnecessary fear with the
Australian general public. Therefore, the security and safety will be enhanced with the
introduction of this Bill.
While I acknowledge the right of people to express their religion, custom and culture, I also
acknowledge that there are limits to those individual rights, especially when it becomes
necessary to protect the rights and freedoms of others. It is now time to protect the rights and
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freedoms of the majority of Australians and send a powerful message to those who want to
undermine our peaceful, democratic lifestyle and culture.
Australians are not the only people who have expressed concerns and feel unsafe when
citizens wear full face coverings without good reason in public. As a secular State, France has
already banned face coverings in public spaces, including masks, helmets, balaclavas, burqas
and niqabs. In France, the law defines public space to include the street, museums, shops,
public transportation, parks, banks and even during the course of employment within the
public sector. According to Parliamentary Library research, Belgium and Turkey have also
successfully implemented similar laws.
This legislation will enable all Australians who want to go peacefully about their business, to
feel safe in public spaces. It does so by enacting commonsense security provisions.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause provides for the Bill, once enacted, to be called the Criminal Code
Amendment (Prohibition of Full Face Coverings in Public Places) Act 2017.
Clause 2: Commencement
2. This clause provides for Schedule 1 to commence the day after this Bill receives
Royal Assent.
Clause 3 - Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as is set out in the
applicable items in the Schedule. Any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1--Amendments
Criminal Code Act 1995
4. This Schedule amends the Criminal Code Act 1995 to prohibit full face coverings in
public places under the jurisdiction of the Commonwealth.
Item 1 - At the end of Chapter 9 of the Criminal Code
5. This Item adds new Part 9.10--Wearing full face coverings in public places and new
Division 395--Wearing full face coverings in public places.
Subdivision 395.1clarifies the jurisdiction of this Bill, namely a Commonwealth place
within the definition of the Commonwealth Places (Application of Laws) Act 1970
and Australian territories.
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Subdivision 395.2, subsection (1) provides for the time in which the Minister must
declare the prohibition of full face coverings. Specifically, this sub-section details that
the prohibition must be declared when a threat level under the National Terrorism
Advisory System is higher than possible. The National Terrorism Advisory System
measures the nation's terrorism threat level. There are five levels that inform the
public of the likelihood of an act of terrorism occurring in Australia. Beginning at the
lowest level, the scale is: Not Expected, Possible, Probable, Expected and Certain (the
highest level).
Subsection (2) of Subdivision 395.2 states that the declaration made under subsection
(1) is not a disallowable instrument. It is inappropriate to disallow this item under
section 42 of the Legislation Act 2003, for national security reasons. The time period
for disallowance is 15 sitting days, whereas a terrorist threat, or terrorist action, must
be dealt with immediately for the safety of the nation and cannot be put on hold for an
indefinite period of time.
Subdivision 395.3 outlines that a person commits an offence if the relevant terrorism
threat declaration is in force and wears a full face covering in a public place; if a
person compels another person to wear a full face covering in a public place; and if a
person compels a child to wear a full face covering in a public place.
Subsection (4) of this subdivision provides for exceptions to this law, including: the
lawful pursuit of the wearer's occupation, the wearer's participation in lawful
entertainment, recreation, or sport; genuine artistic purpose; and protective gear.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill
2017
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 first and foremost purpose of this Bill is public safety. When people have the intention of
committing a crime, in many cases, they attempt to conceal their identity so they have the
best chance of evading the law.
This Bill will restrict the ability for someone to conceal their identity in Commonwealth
jurisdiction, such as airports, seaports, and the Northern and Australian Capital Territories.
Once enacted, this Bill will create a legislative environment in which Australian citizens can
feel safe, which has been compromised due to the ongoing Middle Eastern wars Australia has
participated in - and still participates in.
While this Bill takes into account exceptions for full face coverings in the genuine pursuit of
entertainment, work, and artistic purpose; the right of the Australian public to feel safe must
be the primary consideration of the Government.
Full face covering prohibition will act as a deterrent, and may have the effect of lowering
crime rates. However, the primary purpose is increased national security and a safe
environment for Australian citizens in public places.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms. This bill may impact on
the religious freedoms of some groups of people living in Australia, however by linking the
restrictions on facial coverings to the National Terrorism Threat Level it is a reasonable and
balanced approach to maintaining and enhancing public security at a time when further public
attacks by extremists and enemies of Australia are considered certain by all our security
agencies.
Conclusion
This Bill is compatible with human rights as its measures are reasonable and proportional to
the declared threat level.
Senator Lambie
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