Supplementary Order Paper No 103

No 103

House of Representatives

Supplementary Order Paper

Tuesday, 7 December 2021

Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Bill

Proposed amendments

Golriz Ghahraman, in Committee, to move the following amendments:

Clause 3A

In clause 3A, before subclause (1) (page 2, before line 5), insert:

(1AA)

In section 4, definition of intimate visual recording, after paragraph (b), insert:

(c)

includes a visual recording (for example, a photograph, video, or digital image) that has been created or altered to appear to show any of the things set out in paragraphs (a)(i) and (ii)

In clause 3A(1), before the definition of victim (page 2, before line 13), insert:

subject, in relation to an intimate visual recording, means an individual who is, or appears to be, featured or depicted in the recording

Explanatory note

This Supplementary Order Paper amends the Harmful Digital Communications (Unauthorised Posting of Intimate Visual Recording) Amendment Bill by extending the application of the new offence inserted by that Bill as new section 22A of the Harmful Digital Communications Act 2015 (the Act) to cover intimate visual recordings that are created or altered to appear to show an individual.

New clause 3A(1AA) amends the Bill by adding an amendment to section 4 of the Act. The clause inserts new paragraph (c) into the definition of intimate visual recording. The effect of this addition is to clarify that an intimate visual recording includes a digital recording that has been created or altered to appear to be an intimate visual recording of an individual.

Clause 3A(1) of the Bill is amended by inserting a definition of subject. Subject, in relation to an intimate visual recording, is defined to include an individual who is or appears to be featured or depicted in that recording. This change is a consequence of the expansion of the definition of intimate visual recording and improves clarity.