21st Aug 2024, 11:44 AM – Senate Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 - in Committee - Must be 14 years of age or older

The majority voted against an amendment introduced by Victorian Senator Lidia Thorpe (Independent), which means it failed.

What was the purpose of this amendment?

Queensland Senator Larissa Waters (Greens) introduced this amendment on Senator Thorpe's behalf and explained that:

This amendment is in line with the Greens' long-held position of raising the age of criminal responsibility to 14. [...] Leaving aside that blatant disregard for democracy and human rights, both adult and children's prisons have repeatedly been shown to be unsafe for young people. They increase the likelihood of reoffending, and they impose torture-like conditions. First Nations children are especially targeted and are grossly overrepresented in child prisons. Closing child prisons is a key measure towards closing the gap. That's why the Greens are moving this amendment on sheet 2763, and we urge everyone in the chamber to support this amendment. I note that the federal government should in fact use its power to incentivise all state jurisdictions to raise the age of criminal responsibility for both this and all other offences, because kids don't belong in prison.

Amendment text

(1) Schedule 1, item 5, page 5 (after line 12), after subsection 474.17A(3), insert:

(3A) Subsection (1) does not apply if the first person is not 14 years of age or older.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3).