Act of Parliament assented to - Act No. 163 of 2015

Overview

The Crimes Legislation Amendment (Harming Australians) Act 2015 was enacted to address issues relating to the protection of Australians from certain harmful activities, particularly those that can cause serious harm to individuals and communities. This Act is an amendment to the Criminal Code Act 1995, expanding the scope of the criminal law to better protect individuals from a range of harmful behaviours. The Act was passed by both the Senate and the House of Representatives and received Royal Assent on 30 November 2015. The primary objective of this legislation is to enhance the capacity of the criminal justice system to address harmful activities that were previously not adequately covered under existing laws. By amending the Criminal Code Act 1995, the Act aims to ensure that perpetrators of such activities are held accountable under the law, thereby providing greater protection to Australians.

Scope and Application

The Crimes Legislation Amendment (Harming Australians) Act 2015 amends the Criminal Code Act 1995 to enhance provisions related to serious criminal conduct, particularly those that involve harm to Australians. The Act applies to individuals and entities that engage in conduct that constitutes offences under the amended Criminal Code, including those that involve serious violence, child exploitation, and cyber offences. The scope of the legislation is national, extending to the entire Commonwealth of Australia, thereby ensuring a uniform approach to the criminalisation and prosecution of the specified offences across all states and territories. The Act does not explicitly state exclusions, exemptions, or thresholds, implying that the provisions apply broadly to all relevant conduct and actors within the scope of the amendments. The Act may also extend its application through subordinate instruments, such as regulations and guidelines, which may provide further detail or clarification on specific aspects of the amended provisions.

Key Provisions

The Crimes Legislation Amendment (Harming Australians) Act 2015 (hereafter referred to as the "Act") introduces significant amendments to the Criminal Code Act 1995. Section 471.27 (1) of the Act criminalises the act of coercing, or attempting to coerce, another person to engage in or continue to engage in sexual activity by threatening to harm them, their family, or someone close to them. The essence of this provision is to penalise the use of threats to force someone into sexual acts, aiming to protect individuals from being coerced through fear or intimidation. Section 471.28 (1) further extends this by making it an offence to coerce another person into sexual activity by threatening to cause them serious harm. This includes threats of physical violence or threats that would cause significant distress, thus broadening the scope of protection against coercive sexual activities. The Act imposes several obligations on the parties and entities it governs. Under Section 471.27, any person found to be coercing another into sexual activity by threatening harm will be subject to stringent legal consequences. Additionally, the Act places a duty on law enforcement agencies to investigate and prosecute such offences effectively. The Act also requires that victims of these coercive activities be provided with adequate support and protection. This includes ensuring that victims have access to counselling and other necessary support services to aid in their recovery and to prevent further harm. Section 471.28 similarly obligates law enforcement to take proactive measures to identify and address such threats, ensuring that the community is safeguarded against these coercive practices. Violations of the provisions set out in the Act are not taken lightly, with severe penalties being imposed for breaches. Section 471.27 (2) stipulates that a person found guilty of coercing another into sexual activity by threatening harm faces a maximum penalty of imprisonment for 10 years. This reflects the gravity of the offence and aims to deter such behaviour. Similarly, under Section 471.28 (2), coercing someone into sexual activity by threatening serious harm carries a maximum penalty of imprisonment for 15 years. The increased penalty reflects the heightened severity of threats involving serious harm. The Act also provides for additional civil and criminal consequences, such as restraining orders and compensation for victims, ensuring that those found guilty are held fully accountable for their actions.