Limited public-interest defences
The bill gives only limited defences for legitimate law enforcement, compliance monitoring, and pre-approved research.
Criminal Code Amendment (Using Technology to Generate Child Abuse Material)
Current status
This bill is currently before Parliament.
Policy area
Law, justice & rights
What does this bill do?
Adds new Criminal Code offences aimed at people who misuse emerging technology, especially generative AI, to make or support the making of child abuse material.
Why was it introduced?
Generative AI and other emerging technologies were being misused to create child abuse material, leaving the Criminal Code behind a rapidly evolving threat. The bill creates new offences to criminalise making, training, supplying or enabling access to such tools and related data used to produce that material.
Broader context
Australia already had child abuse material offences in the Criminal Code, but they were not built for generative AI and other new tools that were being used to make such material. As that misuse grew, the government introduced this bill to add new offences for creating, training, supplying or enabling access to the technology and data used to produce it.
Key criticism
The main caution is that the new offences are paired with only limited defences, so legitimate law-enforcement, compliance-monitoring and pre-approved research activity could be exposed unless the exemptions are applied carefully. The concern is narrow and appears only in the explanatory memorandum, which notes those public-interest defences rather than documenting broader opposition.
Who supported it?
Chaney introduced this bill. Supportive speeches so far have come from some crossbench members.
Introduced in House 28 July 2025
At second reading in House 28 July 2025
Not yet reached Senate —
Not yet law —
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
317 days
Updated 10 June 2026.
Meaning
What does this bill do?
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Adds new Criminal Code offences aimed at people who misuse emerging technology, especially generative AI, to make or support the making of child abuse material.
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Makes it an offence to use a phone or internet service to download, access, supply, enable access to, or offer a technology whose main purpose is creating child abuse material.
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Also makes it an offence to use a phone or internet service to collect, scrape or distribute data for training or building technology meant mainly to generate child abuse material.
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Includes limited legal defences for conduct that is clearly in the public interest, such as legitimate law enforcement, compliance monitoring or pre-approved research.
Show source excerpts
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This Bill amends the Criminal Code Act 1995 (Cth) to create new offences targeting the misuse of emerging technologies – particularly high impact generative artificial intelligence (AI) services - to create, train, or use tools that facilitate the production of child abuse material. These provisions are designed to address a growing threat where individuals use sophisticated tools specifically to generate illegal content depicting the sexual abuse or exploitation of children.
Explanatory memorandum -
This section creates an offence where a person uses a carriage service to download, access, supply, enable access to, or offer to supply a technology, the sole or dominant purpose of which is to create child abuse material.
Explanatory memorandum -
This section creates an offence where a person uses a carriage service to collect, scrape, or distribute data, with the intention of training or creating technology with the sole or dominant purpose of generating child abuse material.
Explanatory memorandum -
The Bill also provides limited defences for conduct that is clearly in the public interest, such as legitimate law enforcement, compliance monitoring, or pre-approved research.
Explanatory memorandum
Context
Broader context for this bill
Australia already had child abuse material offences in the Criminal Code, but they were not built for generative AI and other new tools that were being used to make such material. As that misuse grew, the government introduced this bill to add new offences for creating, training, supplying or enabling access to the technology and data used to produce it.
- 28 July 2025
Bill introduced to Parliament
The bill was formally introduced and read a first time in the House on 28 July 2025.
Parliamentary timeline ↗ - 28 July 2025
Bill published under its full title
Parliament released the bill as the Criminal Code Amendment (Using Technology to Generate Child Abuse Material) Bill 2025.
Explanatory memorandum ↗ - 28 July 2025
Government calls bill a targeted response
The explanatory memorandum said the bill was a targeted response to the abuse of advanced technology for criminal purposes.
Explanatory memorandum ↗ - 28 July 2025
New offences target AI misuse
The government said the bill would create offences aimed at using generative AI to make child abuse material.
Explanatory memorandum ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 28 July 2025
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 28 July 2025
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The main case against this bill
The main caution is that the new offences are paired with only limited defences, so legitimate law-enforcement, compliance-monitoring and pre-approved research activity could be exposed unless the exemptions are applied carefully. The concern is narrow and appears only in the explanatory memorandum, which notes those public-interest defences rather than documenting broader opposition.
The evidence shows only a limited caution, not a wider recorded case against the bill.
Further sources
Votes
Recorded votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Kate Chaney
Kate Chaney supports the bill to criminalise downloading AI tools and related data used to generate child sexual abuse material, arguing it closes an urgent gap in the Criminal Code.
Read in Hansard ↗ Lead non-major voice Supports
Zali Steggall
Steggall clearly supports the bill, arguing it urgently closes a dangerous gap in criminal law by targeting AI and related technologies used to generate child abuse material.
Read in Hansard ↗All speeches by bloc
Minor parties and independents
2 speakers · 2 support
Minor parties and independents
2 speakers · 2 support
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Chaney ★ Kate Chaney supports the bill to criminalise downloading AI tools and related data used to generate child sexual abuse material, arguing it closes an urgent gap in the Criminal Code.
“This bill simply creates a new offence under the criminal code to prevent people from downloading these tools. It also creates an offence of downloading data for the purpose of generating child sexual abuse material using AI tools.”
Read the full speech in Hansard ↗ -
Steggall ★ Steggall clearly supports the bill, arguing it urgently closes a dangerous gap in criminal law by targeting AI and related technologies used to generate child abuse material.
“There is a growing recognition around the world of the need for this kind of legislation and these guardrails. We have to act decisively and with urgency to protect children from exploitation in all its forms. So I commend this bill to the House for the government to act urgently to close this loophole.”
Read the full speech in Hansard ↗
Record
Full record
- Introduction to latest chamber step
- 0 calendar days -- Introduced on 28 Jul 2025. Latest recorded chamber step was Second reading moved on 28 Jul 2025. Committee and scrutiny activity may continue separately.
- Introduction to assent
- Unknown
- Recorded divisions found
- 0 -- No directly attributable divisions have been extracted yet.
- Second reading chambers captured
- House of Representatives
- Same-day passage through both Houses
- Not yet -- The bill has not yet completed passage through both Houses.
- 28 July 2025
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 28 July 2025
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.