David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I move Liberal Democrats amendment (4) on sheet 8368:

(4) Schedule 1, item 26, page 16 (line 17), omit paragraph 44B(1)(d).

As currently drafted, the bill allows someone who posts an image to be hit with a $100,000 fine if they are ordinarily resident in Australia or if the person depicted is ordinarily resident in Australia. This means an Australian could be hit with a fine when no image of an Australian is depicted, so no Australian is harmed. That is wrong. It is the role of our government to protect Australians from harm, not to make Australians conform with a model of behaviour that is harmless to any other Australians. Posting a picture of President Donald Trump going to the toilet in Trump Tower might be in poor taste, but it should not be against Australian law. The government serves the people, not the other way around. The government is not our mother and it is not our nanny.

My amendment would limit the bill so that someone who posts an image could be hit with a $100,000 fine only if the person depicted is ordinarily resident in Australia. I commend my amendment to the chamber.