Documente Academic
Documente Profesional
Documente Cultură
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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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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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No. , Criminal Code Amendment (Prohibition of Full Face 1
2017 Coverings in Public Places) Bill 2017
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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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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.
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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18 repealed as set out in the applicable items in the Schedule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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2 Criminal Code Amendment (Prohibition of Full Face No. ,
Coverings in Public Places) Bill 2017 2017
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1 Schedule 1Amendments
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No. , Criminal Code Amendment (Prohibition of Full Face 3
2017 Coverings in Public Places) Bill 2017
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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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4 Criminal Code Amendment (Prohibition of Full Face No. ,
Coverings in Public Places) Bill 2017 2017
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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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No. , Criminal Code Amendment (Prohibition of Full Face 5
2017 Coverings in Public Places) Bill 2017
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