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1 Amendments Schedule 1

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1 2016-2017
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3 The Parliament of the
4 Commonwealth of Australia
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6 THE SENATE
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11 Presented and read a first time
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19 Criminal Code Amendment (Prohibition


20 of Full Face Coverings in Public Places)
21 Bill 2017
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23 No. , 2017
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25 (Senator Lambie)
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29 A Bill for an Act to amend the Criminal Code Act
30 1995 in relation to the wearing of full face coverings
31 in public places, and for related purposes
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33

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1 Contents
2 1 Short title..........................................................................................
3 2 Commencement................................................................................
4 3 Schedules..........................................................................................

5 Schedule 1Amendments
6 Criminal Code Act 1995
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8

9 A Bill for an Act to amend the Criminal Code Act


10 1995 in relation to the wearing of full face coverings
11 in public places, and for related purposes
12 The Parliament of Australia enacts:
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1 1 Short title
2 This Act is the Criminal Code Amendment (Prohibition of Full
3 Face Coverings in Public Places) Act 2017.

4 2 Commencement
5 (1) Each provision of this Act specified in column 1 of the table
6 commences, or is taken to have commenced, in accordance with
7 column 2 of the table. Any other statement in column 2 has effect
8 according to its terms.
9
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of The day after this Act receives the Royal
the Act Assent.
10 Note: This table relates only to the provisions of this Act as originally
11 enacted. It will not be amended to deal with any later amendments of
12 this Act.

13 (2) Any information in column 3 of the table is not part of this Act.
14 Information may be inserted in this column, or information in it
15 may be edited, in any published version of this Act.

16 3 Schedules
17 Legislation that is specified in a Schedule to this Act is amended or
18 repealed as set out in the applicable items in the Schedule
19 concerned, and any other item in a Schedule to this Act has effect
20 according to its terms.

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1 Schedule 1Amendments
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3 Criminal Code Act 1995


4 1 At the end of Chapter 9 of the Criminal Code
5 Add:

6 Part 9.10Wearing full face coverings in public


7 places
8 Division 395Wearing full face coverings in public places

9 395.1 Application of this Division


10 This Division applies:
11 (a) in a Commonwealth place (within the meaning of the
12 Commonwealth Places (Application of Laws) Act 1970); and
13 (b) in a Territory.

14 395.2 Terrorism threat declaration


15 (1) If the threat level under the National Terrorism Threat Advisory
16 System is higher than possible, the Minister must, by legislative
17 instrument, make a declaration to that effect.
18 Note 1: The threat levels higher than possible are probable, expected and
19 certain.
20 Note 2: For repeal, see subsections 33(3) and (3AA) of the Acts Interpretation
21 Act 1901.

22 (2) Section 42 (disallowance) of the Legislation Act 2003 does not


23 apply to a declaration made under subsection (1).

24 395.3 Wearing full face coverings in public places


25 (1) A person commits an offence if:

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1 (a) a terrorism threat declaration is in force; and


2 (b) the person wears a full face covering in a public place.
3 Penalty: 20 penalty units.
4 (2) A person commits an offence if:
5 (a) a terrorism threat declaration is in force; and
6 (b) the person compels another person to wear a full face
7 covering in a public place.
8 Penalty: Imprisonment for 6 months or 200 penalty units, or both.
9 (3) A person commits an offence if:
10 (a) a terrorism threat declaration is in force; and
11 (b) the person compels another person to wear a full face
12 covering in a public place; and
13 (c) the other person is under 18 years of age.
14 Penalty: Imprisonment for 12 months or 400 penalty units, or
15 both.

16 Exception
17 (4) Subsections (1), (2) and (3) do not apply if the wearing of the full
18 face covering is reasonably necessary, in all the circumstances, for
19 any of the following purposes:
20 (a) the lawful pursuit of the wearers occupation;
21 (b) the wearers participation in lawful entertainment, recreation
22 or sport;
23 (c) a genuine artistic purpose;
24 (d) protection from physical harm, if the full face covering is
25 safety equipment;
26 (e) such other purposes as are prescribed by the regulations.
27 Note: A defendant bears an evidential burden in relation to the matters in
28 subsection (4): see subsection 13.3(3) of the Criminal Code.

29 (5) This section does not apply to the extent (if any) that it would
30 infringe any constitutional doctrine of implied freedom of political
31 communication.

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1 Definitions
2 (6) In this section:
3 compel includes:
4 (a) compel by a threat of physical force; and
5 (b) compel by intimidating or coercive conduct, whether or not
6 the conduct involves a threat of physical force; and
7 (c) compel by inducement or promise.
8 full face covering means an item that substantially covers the front
9 of a persons head from the top of the forehead to the base of the
10 chin in a way that conceals the identity of the person (whether or
11 not a part of the persons face can still be seen).
12 public place includes:
13 (a) any place to which the public have access as of right or by
14 invitation, whether express or implied and whether or not a
15 charge is made for admission to the place; and
16 (b) the interior of a vehicle that is in a public place;
17 but does not include:
18 (c) a place of worship; or
19 (d) a place where a marriage, civil partnership or civil union
20 ceremony is being lawfully held.
21 terrorism threat declaration means a declaration made by the
22 Minister under section 395.2.

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