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senate vote 2018-06-18#1

Edited by mackay staff

on 2018-06-23 13:58:14

Title

  • Bills — Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017; Third Reading
  • Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017 - Third Reading - Pass the bill

Description

  • <p class="speaker">David Leyonhjelm</p>
  • <p>I didn't speak during the second reading debate on the Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017, because the speakers' list collapsed, so I now want to address the bill.</p>
  • <p>I oppose the Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017.This bill is a piecemeal response to Labor's 'Mediscare' campaign at the last election. It introduces an offence punishable by up to two years imprisonment for recklessly impersonating a Commonwealth body, whether real or fictional, and it introduces an offence punishable by up to five years imprisonment for doing so intentionally. I oppose this bill because fraud is already illegal, so this law will be redundant. We should be getting rid of redundant law rather than adding to it.</p>
  • The majority voted in favour of passing the bill. In parliamentary jargon, they voted to read the bill [for a third time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html). Since the bill has already passed in the House of Representatives, it will now become law.
  • ### What does the bill do?
  • The bill [will create two new offences](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd069) for people *who engage in conduct which results in a representation that the person is, or is acting on behalf of, a Commonwealth body.*
  • It was introduced because:
  • > *During the 2016 federal election, the Australian Labor Party (ALP) campaign included a claim that the Coalition intended to privatise Medicare. This claim was dubbed ‘Mediscare’ by the media and was judged to have assisted the ALP position during the election period. Aspects of the ‘Mediscare’ campaign included the distribution of cardboard flyers containing messages which resembled Medicare cards, voice mail messages and bulk SMS text messages.*
  • Read more about the background to the bill [in its digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd069).
  • <p>I also oppose this bill because the law should not provide greater protection against fraud for government bodies compared with everyone else. The earlier the government gets into its head that it is here to serve the people rather than itself, the better. In fact, that goes for all of us in this place. But it is especially important for those who send bills to this place. As I said, I oppose this bill.</p>
  • <p class="speaker">Cory Bernardi</p>
  • <p>The question is that the bill be read a third time.</p>