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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Crime Commission
Amendment (Criminology Research) Bill
2016
No. , 2016
(Justice)
A Bill for an Act to amend the Australian Crime
Commission Act 2002, and for related purposes
No. , 2016
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Crime Commission Act 2002
3
Schedule 2--Repeals
7
Criminology Research Act 1971
7
No. , 2016
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
1
A Bill for an Act to amend the Australian Crime
1
Commission Act 2002, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Australian Crime Commission Amendment
5
(Criminology Research) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
before 1 July 2017, they commence on that
day.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
3
Schedule 1--Amendments
1
2
Australian Crime Commission Act 2002
3
1 Subsection 4(1)
4
Insert:
5
criminological research means research in connection with:
6
(a) the causes, consequences, correction and prevention of
7
criminal behaviour; and
8
(b) any related matter.
9
2 Subsection 4(1) (paragraph (i) of the definition of
10
permissible purpose)
11
Repeal the paragraph, substitute:
12
(i) criminological research;
13
3 After paragraph 7A(fa)
14
Insert:
15
(fb) to do the following in relation to criminological research:
16
(i) conduct criminological research;
17
(ii) communicate the results of that research;
18
(iii) perform other activities related to the conduct of
19
criminological research (such as holding seminars or
20
compiling crime-related statistics);
21
(iv) administer programs for awarding grants for
22
criminological research and activities related to that
23
research, and assist the recipients of grants in that
24
research or those activities;
25
4 After section 15A
26
Insert:
27
15B Fees for services relating to criminological research
28
(1) The ACC may charge fees for services that it provides in
29
performing any of its functions relating to criminological research.
30
Schedule 1 Amendments
4
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
No. , 2016
(2) A fee for a service must not be such as to amount to taxation.
1
(3) A fee charged under subsection (1):
2
(a) is a debt due to the Commonwealth; and
3
(b) is recoverable by the ACC, on behalf of the Commonwealth.
4
5 After section 59AD
5
Insert:
6
59AE Disclosing criminological research and related information
7
(1) The CEO may:
8
(a) disclose the ACC's criminological research, and information
9
related to the ACC's criminological research; or
10
(b) publish the ACC's criminological research, and information
11
related to the ACC's criminological research;
12
if disclosing or publishing the research or information would not be
13
contrary to subsection 25A(9) of this Act, another law of the
14
Commonwealth that would otherwise apply, or a law of a State or a
15
Territory that would otherwise apply.
16
(2) However, if the research or information is or includes personal
17
information about an individual (within the meaning of the Privacy
18
Act 1988) that was collected for the purpose of criminological
19
research, the CEO must not disclose or publish the personal
20
information under subsection (1) for another purpose unless:
21
(a) the individual has consented to the use or disclosure of the
22
information; or
23
(b) the individual would reasonably expect the ACC to use or
24
disclose the information for the other purpose, and that
25
purpose is:
26
(i) if the information is sensitive information within the
27
meaning of the Privacy Act 1988--directly related to
28
the purpose for which the information was collected; or
29
(ii) if the information is not sensitive information--related
30
to the purpose for which the information was collected;
31
or
32
Amendments Schedule 1
No. , 2016
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
5
(c) a permitted general situation within the meaning of the
1
Privacy Act 1988 exists in relation to the use or disclosure of
2
the information by the ACC.
3
6 After section 59E
4
Insert:
5
59F Criminology Research Special Account
6
(1) The Criminology Research Special Account is continued in
7
existence.
8
Note:
The Account was established by section 46 of the Criminology
9
Research Act 1971.
10
(2) The Account is a special account for the purposes of the Public
11
Governance, Performance and Accountability Act 2013.
12
59G Credits to the Criminology Research Special Account
13
There must be credited to the Criminology Research Special
14
Account amounts equal to the following:
15
(a) amounts appropriated by the Parliament for the purposes of
16
the Account;
17
(b) amounts paid by a State to the ACC for the purpose of
18
performing functions related to criminological research;
19
(c) amounts received by the ACC in relation to performing
20
functions related to criminological research;
21
(d) amounts of any gifts given or bequests made for the purposes
22
of the Account.
23
Note:
An Appropriation Act may contain a provision to the effect that, if any
24
of the purposes of a special account is a purpose that is covered by an
25
item in the Appropriation Act (whether or not the item expressly refers
26
to the special account), then amounts may be debited against the
27
appropriation for that item and credited to that special account.
28
59H Purposes of the Criminology Research Special Account
29
The purposes of the Criminology Research Special Account are as
30
follows:
31
Schedule 1 Amendments
6
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
No. , 2016
(a) paying or discharging the costs, expenses and other
1
obligations incurred by the Commonwealth in the
2
performance of the ACC's functions related to criminological
3
research;
4
(b) paying any remuneration and allowances payable to any
5
person under this Act connected to the ACC's functions
6
related to criminological research;
7
(c) meeting the expenses of administering the Account;
8
(d) paying any amount that is required or permitted to be repaid;
9
(e) reducing the balance of the Account (and therefore the
10
available appropriation for the Account) without making a
11
real or notional payment.
12
Note:
See section 80 of the Public Governance, Performance and
13
Accountability Act 2013 (which deals with special accounts).
14
Repeals Schedule 2
No. , 2016
Australian Crime Commission Amendment (Criminology Research)
Bill 2016
7
Schedule 2--Repeals
1
2
Criminology Research Act 1971
3
1 The whole of the Act
4
Repeal the Act.
5