Comply with doxxing criminal offence (Criminal Code s 474.17C)
From 11 December 2024, using a carriage service to dox personal data with menace is criminal.
Who must comply
All users of carriage services in Australia.
What triggers it
Publishing personal data via internet/phone/messaging to menace or harass.
When due
Continuous from 11 December 2024.
Evidence required
n/a — criminal offence; AFP prosecutes.
Max penalty
Up to 6 years imprisonment for basic offence; up to 7 years for aggravated (prejudice-based).
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Sections 474.17C-474.17D of the Criminal Code (added by the Privacy and Other Legislation Amendment Act 2024) create criminal offences for using a carriage service to menace, harass or cause offence by publishing personal data about an individual or group. Aggravated form (motivated by prejudice based on race, religion, sex, etc.) carries higher penalty.
Source legislation
Topics
Related
- CWLTHNotifiable Data Breach (NDB) schemeUnder the NDB scheme, APP entities must notify the OAIC and affected individuals of an eligible data breach likely to cause serious harm — assessed within 30 days.
- CWLTHAPP 3 collection of sensitive informationAPP 3 bars collecting sensitive information — health, race, religion, sexual orientation and more — without consent. What counts as sensitive, the exceptions and penalties.
- CWLTHAutomated decision-making transparency in your privacy policy (APP 1.7–1.9)From 10 December 2026, APP entities that use computer programs to make or substantially assist decisions that significantly affect individuals must say so in their APP privacy policy.
- CWLTHForeign bribery offence (Criminal Code Division 70)Bribing a foreign public official is a federal criminal offence — up to 10 years imprisonment.
- CWLTHPrepare for the proposed removal of the small business exemptionRemoving the Privacy Act small business exemption (<$3M turnover) is proposed for a future reform tranche — agreed in principle, not yet law.
- CWLTHComply with credit reporting obligations (Part IIIA Privacy Act)Credit providers and CRBs must adhere to the CR Code on collection, use, disclosure, hardship and dispute resolution.
Frequently asked questions
- Who must comply with doxxing criminal offence (Criminal Code s 474.17C)?
- All users of carriage services in Australia.
- What triggers doxxing criminal offence (Criminal Code s 474.17C)?
- Publishing personal data via internet/phone/messaging to menace or harass.
- When is doxxing criminal offence (Criminal Code s 474.17C) due?
- Continuous from 11 December 2024.
- What is the maximum penalty for doxxing criminal offence (Criminal Code s 474.17C)?
- Up to 6 years imprisonment for basic offence; up to 7 years for aggravated (prejudice-based).
- What evidence is required for doxxing criminal offence (Criminal Code s 474.17C)?
- n/a — criminal offence; AFP prosecutes.
Source: https://www.legislation.gov.au/C2024A00112/latest. Rules Mate is not a law firm. Always verify against the live regulator source before acting.