Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I table an explanatory memorandum and seek leave to have the second reading speech incorporated in Hansard and to continue my remarks.

Leave granted.

The speech read as follows—

The Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2010 is an attempt to provide a 21st century solution to a 21st century problem.

The internet has brought many incredible changes into our world, but it has also been abused by people who seek to abuse others.

This bill is a response in part to the tragic murder of 15-year-old Carly Ryan who was killed in 2007 by a 50-year-old man who had posed as a 20-year-old on an internet chat website in order to win over Carly’s trust and ultimately meet with her.

There is no lawful reason why any adult would need to misrepresent their age to a minor while online.

This bill doesn’t seek to censor the internet. It is simply designed to ensure that adults act appropriately in dealing with minors.

This bill will make it a crime for an adult to intentionally misrepresent their age while communicating with someone they believe to be under the age of 18, online.

Currently in many jurisdictions police have to prove a sexual predator has a prurient interest in misrepresenting their identity. 

This can be a difficult task and can result in police being unable to act, even when they believe there is a threat.

This bill would remove any doubt. If an adult knowingly lies to a minor about their age online, they have broken the law. 

There are three levels of this crime.

The first is when a person over the age of 18 misrepresents their age to a person under the age of 18, and carries a maximum penalty of three years imprisonment.

The second is when an adult misrepresents their age to a person under the age of 18 with the intention of making it easier to meet them, and carries a maximum penalty of five years imprisonment.

The third is when an adult misrepresents their age to a person under the age of 18 with the intention of committing an offence and carries a maximum penalty of 8 years.

I note there has been little criticism of this bill since I announced it, with the rare exception of the South Australian Council for Civil Liberties who said the solution to online sexual predators is educating children.

Respectfully I must reject this naïve statement and I would say to those who agree with this position, ‘Stop blaming the victim’.

Children are children and it is up to adults to protect them. This Bill assists in doing that.

I seek the support of my fellow parliamentarians for this bill.