Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Hansard source

Thank you, Senator Steele-John. The government won't be supporting the amendments moved by the Australian Greens. The penalties apply to all persons to ensure that there is a strong deterrent to engaging in the sharing of intimate images without consent.

In practice, as Senator Steele-John alluded to, the eSafety Commissioner will take a very cautious approach in relation to any complaint made against a perpetrator under 18 years of age. The eSafety Commissioner will firstly look to engage with the perpetrator in an informal manner and change behaviour. This informal approach has been successful under the existing cyberbullying regime. The commissioner does have the discretion to use other light-touch remedies, including issuing a formal warning notice. It is expected only light-touch remedies would be required in matters involving a perpetrator under 18 years of age. Strong remedies, including civil penalties, would only be used in exceptional cases, such as for a repeat offender where other remedies have been ineffective.

A contravention of the prohibition in the bill and/or a failure to comply with a removal notice triggers a civil penalty order provision contained in the Regulatory Powers Act. If the eSafety Commissioner does decide to apply for a civil penalty order, the court has the discretion as to whether it orders the person to pay the penalty. When determining the appropriate penalty amount, the court must take into account matters including the nature and extent of the contravention; the nature and extent of any loss or damage suffered because of the contravention; the circumstances in which the contravention took place; and whether the person has previously been found by a court to have engaged in any similar activity. So I think there are important things to bear in mind in terms of the operation of this legislation.