Legislative Assembly for the ACT: 2017 Week 08 Hansard (Wednesday, 16 August 2017) . . Page.. 2769 ..
Importantly, this is about the victims of these crimes. I hope it gives some comfort to people who have been victims of these crimes that this provides remedies for them. Today, through our actions, it will mean that people will not be victims who otherwise would have been. I think that, by passing this legislation today, we will achieve that. Often there is no silver bullet, but this is an important measure that will help to keep vulnerable people in our community safe.
I thank members for their contributions. We will be moving to the detail stage, where I can indicate again that we will be supporting the amendments from the government.
Question resolved in the affirmative.
Bill agreed to in principle.
Bill, by leave, taken as a whole.
MR GENTLEMAN (Brindabella—Minister for Police and Emergency Services, Minister for the Environment and Heritage, Minister for Planning and Land Management and Minister for Urban Renewal) (11.53), by leave: I move amendments Nos 1 to 29 circulated in Mr Ramsay’s name together [see schedule 1 at page 2859]. I table a supplementary explanatory statement to the government amendments.
The government amendments will bring this bill more closely into compliance with the national statement of principles relating to the criminalisation of the non-consensual sharing of intimate images. Specifically, the government amendments to the bill ensure compliance with: principle 6, through the creation of a separate offence under section 72DA; principle 7, through the amendment to section 72E to ensure it is an offence to distribute, irrespective of whether or not the image exists; principle 9, through the amendment to the meaning of the word “distribute” under section 72B to ensure coverage of distribution to more than one person or when the intended recipient is unknown; principle 12.2, through the inclusion of an offence if the gaining of consent to distribute the image was reckless to section 72D, 72DA and 72EA; principle 13, by ensuring any exceptions to an offence do not require proof that harm has been caused to the person depicted in the image by the sharing of the intimate image under section 72D and 72DA; and principle 14, by ensuring any exceptions to an offence do not require proof of an intention to cause harm or distress or another outcome under section 72D and 72DA.
The government amendments will also ensure that the bill effectively criminalises the distribution of intimate images without consent and threats to capture or distribute intimate images.
The proposed amendments were subject to targeted consultation about operational and human rights issues with a broad range of stakeholders, including the Human Rights Commission. The submissions received have been taken into consideration in formulating these amendments.