This bill is currently before Parliament.
Law, justice & rights
People could face up to 15 years in prison for downloading or accessing technology mainly designed to create child abuse material.
Kate Chaney, the independent MP who introduced the bill, said existing law banned possessing an image but did not adequately address tools that can repeatedly create and delete abusive images. She cited a late-2023 report that recorded more than 24 million unique visits to websites for 34 explicit image-generation tools. She argued that the growing volume of material also makes it harder for police to identify children who have been abused.
Australian law already prohibited possessing child abuse material, but by 2024 police and courts were confronting AI tools that could generate unlimited, tailored images, erase them before detection and make it harder to identify real victims. After a Tasmanian man was jailed in March 2024, warnings about the spreading technology and a call from Grace Tame for criminalisation preceded independent MP Kate Chaney’s private bill on 28 July 2025 to close that gap with targeted offences and limited public-benefit defences.
The evidence pack does not contain an opposing speech or a direct criticism of the proposed offences. The available debate instead supports urgent action against technology used to create child abuse material.
Kate Chaney MP introduced this bill. Supportive speeches so far have come from some crossbench members.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
375 days
Updated 07 Aug 2026.
Meaning
People could face up to 15 years in prison for downloading or accessing technology mainly designed to create child abuse material.
People could face the same penalty for supplying that technology, enabling access to it or offering it to someone.
People could face up to 15 years in prison for collecting, scraping or distributing data to develop or train such technology.
Researchers could be protected when their scientific, medical or educational work has written approval from the minister responsible for the Australian Federal Police.
Police, intelligence and security officers could be protected when reasonably performing their lawful duties.
People whose conduct helps enforce the law or run the justice system could have a defence, but only for necessary work benefiting the public.
People affected by the proposed offences would become subject to them the day after the law receives formal approval.
474.24D Downloading etc. technology for creating child abuse material (1) A person commits an offence if: (a) the person does any of the following acts in relation to a technology (including an artificial intelligence technology): (i) download the technology; (ii) access the technology; (iii) supply the technology to another person; (iv) enable another person to access the technology; (v) offer to supply another person with the technology or access to the technology; and (b) the person does so using a carriage service; and (c) the sole or dominant purpose of the technology is to creatCriminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
474.24D Downloading etc. technology for creating child abuse material (1) A person commits an offence if: (a) the person does any of the following acts in relation to a technology (including an artificial intelligence technology): (i) download the technology; (ii) access the technology; (iii) supply the technology to another person; (iv) enable another person to access the technology; (v) offer to supply another person with the technology or access to the technology; and (b) the person does so using a carriage service; and (c) the sole or dominant purpose of the technology is to creatCriminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
474.24E Collecting etc. data with the intention to train or create technology for creating child abuse material (1) A person commits an offence if: (a) the person collects, scrapes or distributes data; and (b) the person does so using a carriage service; and (c) the person does so with the intention of training or creating a technology (including an artificial intelligence technology) whose sole or dominant purpose is to create child abuse material. Penalty: Imprisonment for 15 years.Criminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
474.24F Defences (1) A person is not criminally responsible for an offence against this Subdivision because of engaging in particular conduct if the conduct: (a) is of public benefit; and (b) does not extend beyond what is of public benefit. In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsectioCriminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
(3) A person is not criminally responsible for an offence against this Subdivision if: (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of the officer’s duties; and (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3).Criminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
(1) A person is not criminally responsible for an offence against this Subdivision because of engaging in particular conduct if the conduct: (a) is of public benefit; and (b) does not extend beyond what is of public benefit. In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3). (2) FoCriminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
1 Short title This Act is the Criminal Code Amendment (Using Technology to Generate Child Abuse Material) Act 2025. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal witCriminal Code Amendment (Using Technology to Generate Child Abuse Material) introduced text
Context
Australian law already prohibited possessing child abuse material, but by 2024 police and courts were confronting AI tools that could generate unlimited, tailored images, erase them before detection and make it harder to identify real victims. After a Tasmanian man was jailed in March 2024, warnings about the spreading technology and a call from Grace Tame for criminalisation preceded independent MP Kate Chaney’s private bill on 28 July 2025 to close that gap with targeted offences and limited public-benefit defences.
Possessing child abuse material was already illegal
Kate Chaney’s second-reading speech later noted that possessing a single image was already illegal, establishing the legal baseline before the new AI-specific gap emerged.
Hansard ↗Tasmanian man jailed after AI-generated child abuse material was found
The case showed that AI-generated material was already appearing in Australian criminal investigations and prosecutions.
The Guardian ↗Police warned AI-generated child abuse material was spreading
Australian law enforcement agencies said the growing use of artificial intelligence to generate child exploitation material was becoming an increasing concern.
ABC News ↗Grace Tame urged the government to outlaw AI abuse tools
She said offenders could download tools and generate material offline, where it was harder for authorities to detect.
ABC News ↗Kate Chaney MP introduced a bill to criminalise AI abuse tools
The private member’s bill would target accessing, supplying, developing or training technology mainly designed to generate child abuse material, while protecting limited public-benefit conduct.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
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 evidence pack does not contain an opposing speech or a direct criticism of the proposed offences. The available debate instead supports urgent action against technology used to create child abuse material.
The bill's supporters acknowledged that it was a narrow response, not a complete solution. They called for broader prevention, education and stronger responsibility for technology companies.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Chaney supports the bill because it would urgently close a gap in the Criminal Code by outlawing downloads of AI tools designed to generate child sexual abuse material, while arguing that broader child-safety and AI reforms are also needed.
Read in Hansard ↗Steggall supports the bill, arguing that it is urgently needed to close a gap in criminal law by targeting technologies and training data used to generate child abuse material.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“This bill addresses a very specific harm that could easily be addressed within the framework of our existing Criminal Code. I urge the government to consider this amendment with urgency to protect Australian children from harm.”Read the full speech in Hansard ↗
“This bill as introduced provides a new offence to criminalise the downloading, supplying and enabling access to technologies whose sole promise is to create child abuse material. It's a very particular type of AI, designed to create on-demand materials and then delete them to avoid detection. It also targets the collection and distribution of data intended to train such technologies. These provisions acknowledge that AI abuse starts with real children for these tools to be trained on. In that way, a child is always harmed in the process. These provisions are necessary and urgently needed to close a very dangerous gap in our criminal law and ensure that our justice system keeps pace with technological developments.”Read the full speech in Hansard ↗
Record
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.
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.
