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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
As read a third
time
Crimes
Legislation Enhancement Bill 2003
No. ,
2003
A Bill for an Act to
amend the Crimes Act 1914 and other legislation relating to criminal law
or law enforcement, and for related purposes
Contents
Part 1—Taking offenders’ fingerprints and
photographs 5
Part 2—Identification
parades 6
Part 3—Dealing summarily with some indictable
offences 7
Part 3A—Forensic
procedures 9
Part 4—Technical corrections of sentencing and parole
provisions 12
Australian Crime Commission Establishment Act
2002 13
Australian Federal Police Act
1979 13
Australian Protective Service Act
1987 13
Australian Securities and Investments Commission Act
2001 13
Corporations Act
2001 13
Crimes at Sea Act
2000 14
Crimes (Aviation) Act
1991 14
Crimes Legislation Amendment Act (No. 2)
1989 15
Criminology Research Act
1971 15
Foreign Evidence Act
1994 17
International War Crimes Tribunals Act
1995 17
Law and Justice Legislation Amendment Act (No. 2)
1994 18
Mutual Assistance in Business Regulation Act
1992 18
Proceeds of Crime Act
2002 18
Retirement Savings Accounts (Consequential Amendments) Act
1997 20
Service and Execution of Process Act
1992 20
Part 1—Corrections relating to Part 1AA of the Crimes Act
1914 22
Commonwealth Places (Application of Laws) Act
1970 22
Crimes Act
1914 22
Crimes (Search Warrants and Powers of Arrest) Amendment Act
1994 22
Part 2—Corrections relating to Part IA of the Crimes Act
1914 23
Crimes Amendment (Controlled Operations) Act
1996 23
Part 3—Corrections relating to Part 1B of the Crimes Act
1914 24
Commonwealth Places (Application of Laws) Act
1970 24
Crimes Act
1914 24
Migration Act
1958 24
Part 4—Corrections relating to Part IC of the Crimes Act
1914 26
Commonwealth Places (Application of Laws) Act
1970 26
Crimes Act
1914 26
Customs Act
1901 27
Environment Protection and Biodiversity Conservation Act
1999 27
Excise Act
1901 27
Export Control Act
1982 28
Quarantine Act
1908 28
Part 5—Corrections relating to Part 1D of the Crimes Act
1914 29
Commonwealth Places (Application of Laws) Act
1970 29
Crimes Act
1914 29
Crimes Amendment (Forensic Procedures) Act
1998 29
Part 6—Saving
provision 30
THIS bill originated in the Senate; and, having this day passed, is now
ready for presentation to the House of Representatives for its
concurrence.
HARRY EVANS
Clerk of the Senate
The Senate
27 March 2003
A Bill for an Act to amend the Crimes Act 1914 and
other legislation relating to criminal law or law enforcement, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Crimes Legislation Enhancement Act
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 11A of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Taking
offenders’ fingerprints and photographs
1 Subsection 3ZL(1)
Omit “fingerprints or”, substitute “fingerprints
and/or”.
2 After subsection 3ZL(3)
Insert:
(3A) The judge or magistrate may also make any other orders that are
reasonably necessary for ensuring that the impressions of the person’s
fingerprints and/or a photograph of the person are taken in accordance with the
order under subsection (1). For example, the judge or magistrate may order
the person to attend a specified police station at a specified time.
(3B) A person commits an offence if:
(a) the person is subject to an order under subsection (3A);
and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the order.
Penalty: Imprisonment for 12 months.
(3C) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
3 Paragraph 3ZM(3)(b)
Repeal the paragraph, substitute:
(b) if he or she refuses to take part in the parade:
(i) evidence of the refusal may be given in later proceedings relating to
an offence, for the purpose of explaining why an identification parade was not
held; and
(ii) evidence may be given in such proceedings of any identification of
the suspect by a witness as a result of having seen a photograph or having seen
the suspect otherwise than during an identification parade; and
Part 3—Dealing
summarily with some indictable offences
4 Subsection 4J(4)
Omit “$500”, substitute “$5,000”.
5 Application
The amendment of subsection 4J(4) of the Crimes Act 1914 by this
Schedule applies in relation to indictable offences committed after the start of
the day on which this Act receives the Royal Assent.
6 After section 4J
Insert:
(1) A court of summary jurisdiction may hear and determine an indictable
offence if:
(a) the offence is not punishable by imprisonment; and
(b) the pecuniary penalty for the offence is not more than 600 penalty
units for an individual or 3,000 penalty units for a body corporate;
and
(c) the defendant and prosecution consent.
(2) If the defendant is convicted, the court may impose a pecuniary
penalty of:
(a) not more than 60 penalty units for an individual or 300 penalty units
for a body corporate if the offence would be punishable on indictment by a
pecuniary penalty of not more than 300 penalty units for an individual or 1,500
penalty units for a body corporate; or
(b) not more than 120 penalty units for an individual or 600 penalty units
for a body corporate if the offence would be punishable on indictment by a
pecuniary penalty of not more than 600 penalty units for an individual or 3,000
penalty units for a body corporate.
However, the court may not impose a pecuniary penalty greater than the
penalty that could have been imposed if the offence had been prosecuted on
indictment.
(3) This section has effect subject to any contrary intention indicated by
the law creating the offence.
(4) Without limiting subsection (3), this section does not apply to
an indictable offence:
(a) created by a law that provides that the offence may be heard and
determined by a court of summary jurisdiction; or
(b) described in subsection 4J(4) (about offences relating to property
valued at $5,000 or less).
7 Application
Section 4JA of the Crimes Act 1914 applies to proceedings for
an offence that were instituted after this Act received the Royal Assent
(whether the offence was committed before or after this Act received the Royal
Assent).
7A Section 23YDAF (table item 7, column
8)
Omit “no”, substitute “yes”.
7B Section 23YUA (definition of
corresponding law)
Repeal the definition, substitute:
corresponding law means a law that:
(a) relates to the carrying out of forensic procedures and DNA databases;
and
(b) either:
(i) substantially corresponds to this Part; or
(ii) is prescribed by the regulations for the purposes of this
definition.
7C Section 23YUA (definition of DNA
database)
Repeal the definition.
7D Subsection 23YUD(1)
Repeal the subsection, substitute:
(1) The Minister may, on behalf of the Commonwealth, enter into
arrangements with a responsible Minister of a participating jurisdiction under
which:
(a) information from the DNA database system of the Commonwealth that may
be relevant to the investigation of a matter relating to the participating
jurisdiction is to be transmitted to the appropriate authority in that
jurisdiction for the purpose of the investigation of, or proceedings in respect
of, that matter; and
(b) information from a DNA database system of the participating
jurisdiction that may be relevant to the investigation of a matter relating to
the Commonwealth is to be transmitted to the Commissioner for the purposes of
the investigation of, or proceedings in respect of, that matter.
These arrangements may deal with keeping, and otherwise managing, such
information.
(1A) For the avoidance of doubt, this section does not preclude CrimTrac
from entering into a memorandum of understanding or other arrangement, on behalf
of the Commonwealth, with a participating jurisdiction in relation to:
(a) transmission of information to or from the DNA database system of the
Commonwealth, or a DNA database system of any participating jurisdiction;
or
(b) keeping, and otherwise managing, such information.
7E At the end of
section 23YUD
Add:
(3) In this section:
CrimTrac means the CrimTrac Agency, established as an
Executive Agency by the Governor-General by order under section 65 of
the Public Service Act 1999.
investigation of a matter means:
(a) in relation to a participating jurisdiction:
(i) an investigation of an offence against the law of that jurisdiction;
or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased person;
or
(b) in relation to the Commonwealth:
(i) an investigation of an offence against the law of the Commonwealth;
or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased
person.
7F Transitional provision for existing arrangements
under subsection 23YUD(1)
An arrangement that:
(a) was entered into under subsection 23YUD(1) of the Crimes Act
1914 before the commencement of this item; and
(b) was in force immediately before this commencement;
continues in force after that commencement as if it had been entered into
under that subsection as amended by this Schedule.
Part 4—Technical
corrections of sentencing and parole provisions
8 Paragraph 16A(2)(f)
Omit “for the offence;”, substitute “for the
offence:”.
9 Paragraph 19AS(1)(b)
Omit “federal”, substitute
“federal,”.
Australian Crime Commission
Establishment Act 2002
1AA Section 2 (table item 5, column
2)
Omit “Communications Legislation Amendment Act (No. 1)
2002”, substitute “Communications Legislation Amendment Act
(No. 1) 2003”.
Australian Federal Police
Act 1979
1 Subsection 8(1)
Omit “Subject to subsection (2C), the”, substitute
“The”.
Australian Protective
Service Act 1987
1A Subsection 3(1) (at the end of the definition of
police officer)
Add:
; or (c) a member, however described, of a police force of a foreign
country.
Australian Securities and
Investments Commission Act 2001
1B Paragraph 18(2)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a
member of the staff of the ACC (within the meaning of the Australian Crime
Commission Act 2002); or
1C Subparagraph 127(4)(aa)(i)
Repeal the subparagraph.
1D Paragraph 794C(5)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a
member of the staff of the ACC (within the meaning of the Australian Crime
Commission Act 2002); or
1E Paragraph 823C(5)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a
member of the staff of the ACC (within the meaning of the Australian Crime
Commission Act 2002); or
1F Paragraph 823CA(4)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a
member of the staff of the ACC (within the meaning of the Australian Crime
Commission Act 2002); or
2 Subsection 6A(1)
Omit “law in force in the Northern Territory”, substitute
“law of the Northern Territory”.
3 Subsection 6A(7) (definition of criminal
act)
Omit “law in force in the Northern Territory”, substitute
“law of the Northern Territory”.
4 Application
The amendments of the Crimes at Sea Act 2000 made by this Schedule
apply in relation to conduct engaged in after the start of the day on which this
Act receives the Royal Assent.
4A Subsection 33(2)
After “must”, insert “, unless subsection (2A)
applies,”.
4B After subsection 33(2)
Insert:
(2A) Where an authorised person causes a person to be taken into custody
on board an aircraft that is engaged in a flight that ends in a foreign country,
the authorised person must cause the person:
(a) to be delivered into the custody of a member, however described, of a
police force of that foreign country; and
(b) to be held in custody until the person can be so delivered.
Crimes Legislation
Amendment Act (No. 2) 1989
5 Paragraph 10(a)
Omit “a law”, substitute “the law”.
Note: This corrects a misdescribed amendment of
section 19B of the Crimes Act 1914.
6 Paragraph 17(a)
Omit “the law”, substitute “a law”.
Note: This corrects a misdescribed amendment of
section 21B of the Crimes Act 1914.
6A Section 4 (after paragraph (a) of the
definition of the appropriate Minister)
Insert:
(aa) in relation to the Australian Capital Territory, such Minister of the
Australian Capital Territory as is prescribed, and includes any Minister of the
Australian Capital Territory for the time being acting for and on behalf of that
Minister; and
6B Paragraph 6(b)
Omit “and the Northern Territory,”, substitute “the
Australian Capital Territory and the Northern Territory”.
6C Paragraph 6(hb)
Omit “, and of the Northern Territory”, substitute “, of
the Australian Capital Territory and of the Northern Territory”.
6D Subsection 35(1)
Omit “8”, substitute “9”.
6E After paragraph 35(1)(b)
Insert:
(ba) one is to represent the Australian Capital Territory; and
6F Subsection 35(3)
Omit “or the member who is to represent the Northern
Territory”, substitute “or a member who is to represent the
Australian Capital Territory or the Northern Territory”.
6G Subsection 35(3)
Omit “or of the Northern Territory”, substitute “or that
Territory”.
6H Subsection 35(4)
After “Minister of a State,”, insert “of the Australian
Capital Territory”.
6J Subsection 35(4)
Omit “the Northern Territory” (last occurring), substitute
“that Territory”.
6K After paragraph 36(1)(b)
Insert:
(ba) in the case of the member appointed to represent the Australian
Capital Territory—with the approval of the appropriate Minister of that
Territory; or
6L Subsection 36(2)
Before “the Northern Territory”, insert “the Australian
Capital Territory or”.
6M After subsection 38(2)
Insert:
(2A) The member of the Council who is appointed to represent the
Australian Capital Territory, or the deputy of that member, may resign his or
her office by writing signed by the member or deputy, as the case may be, and
delivered to the appropriate Minister of the Australian Capital
Territory.
6N Paragraphs 43(a) and (b)
Omit “and of the Northern Territory”, substitute “, of
the Australian Capital Territory and of the Northern Territory”.
Note: The heading to section 43 is altered by omitting
“and Northern Territory” and substituting “,
Australian Capital Territory and Northern Territory”.
6P Paragraph 46(b)
Omit “or the Northern Territory”, substitute “, the
Australian Capital Territory or the Northern Territory”.
7 Subsection 22(2)
Repeal the subsection, substitute:
(2) The testimony must purport to be signed or certified by a judge,
magistrate or officer in or of the foreign country to which the request was
made.
International War Crimes
Tribunals Act 1995
8 Section 4 (definition of
possession)
Repeal the definition.
9 At the end of section 29
Add:
(3) If the Tribunal so requests, the Magistrate conducting a proceeding
under section 27 or 28 (or both) may permit examination or
cross-examination of a person giving evidence or producing a document or other
article at the proceeding, by:
(a) the person to whom the proceeding before, or the investigation
conducted by, the Tribunal relates; or
(b) that person’s legal representative; or
(c) the Tribunal’s legal representative;
through a video link.
(4) In this section:
video link means a video and sound system that enables
persons assembled in the Tribunal’s premises (or premises nominated by the
Tribunal) to see, hear and talk to persons assembled in a place in another
country.
12 Section 80
After “47A”, insert “, 47C”.
13 Application
The amendment made by item 12 applies in relation to the escape of a
person after the commencement of this item, whether or not the person was in
custody from before that commencement or was arrested before that
commencement.
Law and Justice Legislation
Amendment Act (No. 2) 1994
14 Item 7 of
Schedule 1
After “‘court’”, insert “(wherever
occurring)”.
Note: This corrects a misdescribed amendment of
section 3ZN of the Crimes Act 1914.
Mutual Assistance in
Business Regulation Act 1992
15 Subsection 22(1)
Omit “to the Department or a Deputy Secretary”, substitute
“of the Department or an APS employee”.
16 Subsections 22(2) and (3)
Repeal the subsections.
16A After section 267
Insert:
(1) The powers conferred on the *Official
Trustee under Division 3 may be exercised, and the duties imposed on the
Official Trustee under Division 3 are to be performed, in relation to
property that, under paragraph 278(2)(d), may be disposed of to pay, under
Part 4-2, a *legal aid commission’s
costs.
(2) Without limiting the definition of controlled property
in section 267, for the purposes of Division 3 this property is
controlled property.
16B At the end of subsection
278(2)
Add:
; or (d) if, in the opinion of the Official Trustee, the disposal of the
property or part of the property is necessary to pay, under Part 4-2, a
*legal aid commission’s costs.
16C At the end of
section 279
Add:
(3) However, the person may object to the disposal of the
*controlled property for the reason set out in
paragraph 278(2)(d) only if:
(a) the value of the controlled property exceeds the total amount of the
money payable to the *legal aid
commission in question; and
(b) the person and the *Official
Trustee have failed to agree on which item or items of, or which portion of, the
controlled property should be disposed of.
(4) An objection to which subsection (3) applies must:
(a) relate only to which item or items of, or which portion of, the
*controlled property should be disposed
of; and
(b) specify the item or items of, or the portion of, the controlled
property that the person does not object to the
*Official Trustee disposing
of.
16D After subsection 280(4)
Insert:
(4A) The court must make an order to dispose of the
*controlled property, or a specified item or
items of or a specified portion of the property, if in the court’s opinion
the disposal is necessary to pay, under Part 4-2, a
*legal aid commission’s costs.
16E Section 338 (at the end of the definition
of controlled property)
Add:
Note: Section 267A alters the meaning of this term for
the purposes of Division 3 of Part 4-1.
Retirement Savings Accounts
(Consequential Amendments) Act 1997
17 Item 4 of
Schedule 19
After “‘the account’”, insert “(first
occurring)”.
Note: This corrects a misdescribed amendment of the
Financial Transaction Reports Act 1988.
Service and Execution of
Process Act 1992
18 Subsection 3(1) (at the end of the definition of
authority)
Add:
Note: Section 81A alters the meaning of this term for
the purposes of Part 5.
19 Subsection 3(1) (at the end of the definition of
tribunal)
Add:
Note: Section 81A alters the meaning of this term for
the purposes of Part 5.
20 Subsection 3(1) (definition of
warrant)
Before “means”, insert “(except in the definition of
authority in section 81A)”.
21 Subsection 3(1) (at the end of the definition of
warrant)
Add:
Note: Section 81A alters the meaning of this term for
the purposes of Part 5.
22 After section 81
Insert:
In this Part:
authority includes a body or person that:
(a) under a law of a State, may issue a warrant for the arrest and return
to custody or detention of a person, following the revocation or cancellation
of:
(i) a parole order; or
(ii) an order for conditional release; or
(iii) an order for home detention; or
(iv) an order for periodic detention; or
(v) any other order for the release of a person from custody; or
(vi) any other order of a kind prescribed by the regulations;
and
(b) is prescribed by the regulations.
tribunal does not include a body or person of a kind referred
to in the definition of authority in this section.
warrant includes a warrant issued by a body or person that is
an authority for the purposes of this Part.
Part 1—Corrections
relating to Part 1AA of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
1 Schedule
Omit Part 1AA”, substitute
“Part IAA”.
2 Paragraph 23C(7)(fa)
Omit “Part 1AA”, substitute
“Part IAA”.
3 Part 1AA (heading)
Repeal the heading, substitute:
4 Section 23YR (note)
Omit “Part 1AA”, substitute
“Part IAA”.
Note: The heading to section 23YR is altered by
omitting “Part 1AA” and substituting
“Part IAA”.
Crimes (Search Warrants and
Powers of Arrest) Amendment Act 1994
5 Section 4
Omit “Part 1 of the Principal Act”, substitute
“Part I of the Principal Act”.
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
Part 2—Corrections
relating to Part IA of the Crimes Act 1914
Crimes Amendment
(Controlled Operations) Act 1996
6 Item 2 of Schedule 1
(heading)
Repeal the heading, substitute:
2 After Part IA
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
Part 3—Corrections
relating to Part 1B of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
7 Schedule
Omit “all the provisions of Divisions 1 to 9 (inclusive) of
Part 1B”, substitute “, all the provisions of Divisions 1
to 9 (inclusive) of Part IB”.
8 Subsection 3X(4) (definition of prisoner
unlawfully at large)
Omit “Part 1B”, substitute
“Part IB”.
9 Part 1B (heading)
Repeal the heading, substitute:
10 Paragraph 23WA(8)(f)
Omit “Part 1B”, substitute
“Part IB”.
11 Paragraph 46(1)(ab)
Omit “Part 1B”, substitute
“Part IB”.
12 Section 47
Omit “Part 1B”, substitute
“Part IB”.
13 Paragraphs 47A(1)(d), 47B(1)(a) and
47C(1)(b)
Omit “Part 1B”, substitute
“Part IB”.
14 Paragraph 233C(4)(a)
Omit “Part 1B”, substitute
“Part IB”.
Part 4—Corrections
relating to Part IC of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
15 Subsection 5(2A)
Omit “Part 1C”, substitute
“Part IC”.
16 Subsection 3P(1)
Omit “Part 1C”, substitute
“Part IC”.
17 Subsection 3ZQC(4)
Omit “Part 1C”, substitute
“Part IC”.
18 Subsection 23WA(1) (definition of Aboriginal
legal aid organisation)
Omit “Part 1C”, substitute
“Part IC”.
19 Section 23WCA (table items 4, 5 and
6)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
20 Subsection 23WD(3)
Omit “Part 1C”, substitute
“Part IC”.
21 Subsection 23WD(3) (note)
Omit “Part 1C”, substitute
“Part IC”.
22 Subsection 23WD(4)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
23 Subsection 23WD(4) (note)
Omit “Part 1C”, substitute
“Part IC”.
24 Subsection 23WM(3)
Omit “Part 1C”, substitute
“Part IC”.
25 Subsection 23WM(3) (note)
Omit “Part 1C”, substitute
“Part IC”.
26 Subsection 23WM(4)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
27 Subsection 23WM(4) (note)
Omit “Part 1C”, substitute
“Part IC”.
28 Paragraph 23XGD(2)(g)
Omit “Part 1C”, substitute
“Part IC”.
29 Section 23YS
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
Note: The heading to section 23YS is altered by
omitting “Part 1C” and substituting
“Part IC”.
30 Subsection 203H(1)
Omit “Part 1C”, substitute
“Part IC”.
Environment Protection and
Biodiversity Conservation Act 1999
31 Subsection 411(1)
Omit “Part 1C”, substitute
“Part IC”.
32 Subsection 425(1)
Omit “Part 1C”, substitute
“Part IC”.
33 Subsection 107DD(1)
Omit “Part 1C”, substitute Part IC”.
34 Subsection 11C(1)
Omit “Part 1C”, substitute
“Part IC”.
35 Subsection 66AN(1)
Omit “Part 1C”, substitute
“Part IC”.
Part 5—Corrections
relating to Part 1D of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
36 Schedule
Omit “Part 1D”, substitute
“Part ID”.
37 Subsections 3ZH(2), (2A) and (3A) and
3ZJ(6A)
Omit “Part 1D” (wherever occurring), substitute
“Part ID”.
38 Subsection 3ZL(4)
Omit “Part 1D”, substitute
“Part ID”.
39 Paragraphs 23B(6)(b) and
23C(7)(i)
Omit “Part 1D”, substitute
“Part ID”.
40 Part 1D (heading)
Repeal the heading, substitute:
Crimes Amendment (Forensic
Procedures) Act 1998
41 Item 1 of Schedule 1
(heading)
Repeal the heading, substitute:
1 After Part IC
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
42 Saving provision
(1) The amendments made by this Schedule do not invalidate:
(a) an instrument made under, or referring to, a Part of the Crimes Act
1914 whose heading is repealed and substituted by this Schedule;
or
(b) anything done under such an instrument or such a Part.
(2) Subitem (1) has effect whether the instrument was made, or the
thing was done, before or after this Act received the Royal Assent.