Crime Point-in-Time Service Updates

The Crime Point-in-Time Service has been updated to include the Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024 (Cth) (Act No 77 of 2024) and the Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Cth) (Act No 78 of 2024).

Act 77 of 2024

This Act extends for a further three years the declared areas offence in section 119.2 of the Criminal Code Act 1995 (Cth) (the Criminal Code Act) that was scheduled to sunset on 7 September 2024.

The declared areas provisions in the Criminal Code are an important part of the Australian Government’s efforts to stop the flow of foreign fighters, and the risk they pose to Australia on their return. Where an area is declared by the Minister for Foreign Affairs, it is an offence to enter, or remain in that area without a legitimate reason. A declared area is a place where terrorist organisations are engaging in hostile activity.

Act 78 of 2024

This Act amends the Criminal Code Act to strengthen offences targeting the creation and non-consensual sharing of sexually explicit material online, including material that has been created or altered using technology such as deepfakes. The amendments contained in the Act:

• replace the existing aggravated offence for using a carriage service to menace, harass or cause offence involving private sexual material (section 474.17A), with an offence targeting the non-consensual sharing of sexually explicit material online without consent;
• provide that the new offence applies to both real (non-altered) material and material that has been created or altered using technology, such as deepfake AI; and
• introduce two aggravated offences in Part 10.6 of the Criminal Code (section 474.17AA), which apply where the person who transmits the material has had certain civil penalties orders made against them, or the person has created or altered the material using technology.

These amendments have been updated in the Point-in-Time Crime Service current to 4 September 2024. (NB: Subscription required).

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