A bill to make it a criminal offence for someone to “provide” a photograph to another person is due to be debated in the House of Representatives today.
The legislation has been tabled in the Senate and is expected to pass there before going to the President for signature.
It is expected the law will be introduced to the Criminal Code in the next two months.
It will make it an offence to “knowingly and unlawfully” “provoke” someone else to commit an offence.
A number of people have already been charged under the new law.
Last week the British Broadcasting Corporation reported that a 21-year-old man from the East Midlands had been charged with “aiding and abetting” a breach of the act and was due to appear in the magistrates’ court today.
A 17-year old from Birmingham was also being charged under Section 1 of the Act for “providing, providing for or aiding and abetting” the publication of a photograph or audio recording.
A number of other people, including a former member of parliament, have also been charged.
The act has been criticised by the Human Rights Commission and others, who say the law discriminates against those who do not have the money to hire a lawyer.
“The proposed legislation is an attack on the rights of journalists, activists and anyone else who does not have a legal protection against false allegations or a well-funded defence,” said Richard Allan, senior policy analyst at the Human Protection Law Centre.
In the Senate, the Bill has been referred to a committee of peers and could still pass by a majority vote, but there are fears it could be blocked in the lower house.
