Michelle Rowland (Greenway, Australian Labor Party, Attorney-General) Share this | Hansard source

I present two supplementary explanatory memoranda to the bill, and I ask leave of the House to move government amendment (1) on sheet JA104 and government amendment (1) on sheet JA105, as circulated, together.

Leave granted.

I move government amendment (1) on sheet JA104 and government amendment (1) on sheet JA105, as circulated, together:

SHEET JA104

(1) Schedule 1, Part 7, page 42 (after line 10), at the end of the Part, add:

66 Review by Senate committee

The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must:

(a) begin a review of Subdivision CA of Division 80 of Part 5.1 of the Criminal Code as soon as practicable after the second anniversary of the commencement of this item; and

(b) report the Committee's findings to the Senate as soon as practicable after completing the review.

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SHEET JA105

(1) Schedule 1, item 13, page 13 (after line 26), at the end of subsection 114A.3(5), add:

Note: Consistent with the implied freedom of political communication, subsection (5) is directed at serious conduct or the threat of serious conduct of a criminal nature.

The government's amendments will require the Senate Legal and Constitutional Affairs Legislation Committee to conduct a review into subdivision CA of division 80 of part 5.1 of the Criminal Code as soon as practicable after the second anniversary of the commencement of this item. In doing so, this review will ensure there is an appropriate assessment of the effectiveness of these provisions, with a report tabled before the parliament. The government's amendment would insert a legislative note to clarify the remit of subsection (5) of section 114A.3 to explain that it does not seek to capture lawful debate, robust criticism, religious discussion, genuine political advocacy; nor to target legitimate comedy, satire or artistic expression.

Question agreed to.

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