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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crimes and Other Legislation
Amendment (Omnibus) Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend legislation relating to the
criminal law and law enforcement, and for related
purposes
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Anti-Money Laundering and Counter-Terrorism
Financing Act 2006
4
Part 1--Failure to enrol
4
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
4
Part 2--Dealing with AUSTRAC information
6
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
6
Part 3--Computer-assisted decision making
7
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
7
Schedule 2--Australian Crime Commission Act 2002
10
Australian Crime Commission Act 2002
10
Schedule 3--Crimes Act 1914
11
Part 1--Amendments relating to the definition of judicial
officer
11
Crimes Act 1914
11
Part 2--Minor and technical amendments
12
Crimes Act 1914
12
Schedule 4--Criminology Research Act 1971
14
Criminology Research Act 1971
14
Schedule 5--Obtaining foreign materials
16
Foreign Evidence Act 1994
16
Schedule 6--Refusal of consent to international transfer of
prisoners
17
International Transfer of Prisoners Act 1997
17
Schedule 7--Grounds to refuse mutual assistance requests
21
Mutual Assistance in Criminal Matters Act 1987
21
ii
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 8--Public interest monitors
22
Telecommunications (Interception and Access) Act 1979
22
Schedule 9--Witness protection
23
Part 1--Past program participants
23
Witness Protection Act 1994
23
Part 2--Suspension of protection and assistance
24
Witness Protection Act 1994
24
Part 3--Minor and technical amendments
28
Witness Protection Act 1994
28
Schedule 10--Amendments relating to the South Australian
Independent Commission Against Corruption
29
Crimes Act 1914
29
Criminal Code Act 1995
29
Privacy Act 1988
30
Surveillance Devices Act 2004
30
Telecommunications (Interception and Access) Act 1979
31
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
1
A Bill for an Act to amend legislation relating to the
1
criminal law and law enforcement, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Crimes and Other Legislation Amendment
6
(Omnibus) Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1,
Part 1
The 28th day after this Act receives the
Royal Assent.
3. Schedule 1,
Parts 2 and 3
The day after this Act receives the Royal
Assent.
4. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
5. Schedule 4
The 28th day after this Act receives the
Royal Assent.
6. Schedules 5 to
8
The day after this Act receives the Royal
Assent.
7. Schedule 9
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
8. Schedule 10
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Part 1
Failure to enrol
4
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 1--Anti-Money Laundering and
1
Counter-Terrorism Financing Act 2006
2
Part 1--Failure to enrol
3
Anti-Money Laundering and Counter-Terrorism Financing
4
Act 2006
5
1 Subsection 51B(1)
6
Repeal the subsection, substitute:
7
(1) If:
8
(a) a person commences to provide a designated service; and
9
(b) the person's name is not entered on the Reporting Entities
10
Roll;
11
the person must, no later than 28 days after the day on which the
12
person commences to provide the designated service, apply under
13
subsection 51E(1) for enrolment as a reporting entity.
14
2 After subsection 51B(2)
15
Insert:
16
(2A) Subsection (1) does not apply if, when the person commences to
17
provide the designated service, the person is already required under
18
that subsection to apply for enrolment because of the provision of
19
another designated service.
20
Continuing obligation to enrol
21
(2B) If:
22
(a) a person is required under subsection (1) of this section to
23
apply for enrolment by a particular time; and
24
(b) the person does not apply for enrolment by that time;
25
then the obligation to apply for enrolment continues until:
26
(c) the person applies for enrolment; or
27
(d) the person ceases to be a reporting entity;
28
whichever occurs first.
29
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Schedule 1
Failure to enrol
Part 1
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
5
Multiple contraventions
1
(2C) A person who contravenes subsection (1) by failing to apply for
2
enrolment as a reporting entity by a particular time (the
enrolment
3
deadline
) is taken to commit a separate contravention of that
4
subsection on each day that occurs:
5
(a) on or after the day on which the enrolment deadline occurs;
6
and
7
(b) on or before the day on which the person's obligation to
8
apply for enrolment ends (see subsection (2B)).
9
(2D) To avoid doubt, a person does not contravene subsection (1) more
10
than once on any particular day, even if the person commences to
11
provide a designated service more than once on a particular day or
12
during a particular period.
13
3 Application of amendments
14
The amendments made by this Part apply in relation to commencing to
15
provide a designated service on or after the commencement of this Part.
16
Schedule 1
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Part 2
Dealing with AUSTRAC information
6
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Part 2--Dealing with AUSTRAC information
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
4 Subsection 126(3)
4
Omit "Subsection (1)", substitute "Subject to subsection (3A),
5
subsection (1)".
6
5 After subsection 126(3)
7
Insert:
8
(3A) Subsection (3) does not apply if the AUSTRAC information:
9
(a) was obtained under section 41 (reports of suspicious
10
matters); or
11
(b) was obtained under section 49 (further information to be
12
given to the AUSTRAC CEO etc.), in so far as that section
13
relates to a communication under section 41; or
14
(c) was obtained under section 16 of the
Financial Transaction
15
Reports Act 1988
(reports of suspect transactions).
16
6 Application of amendments
17
Subsection 126(3A) of the
Anti-Money Laundering and
18
Counter-Terrorism Financing Act 2006
, as inserted by this Part, applies
19
to disclosures of AUSTRAC information that occur on or after the
20
commencement of this item, whether the AUSTRAC information was
21
obtained before, on or after that commencement.
22
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Schedule 1
Computer-assisted decision making
Part 3
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
7
Part 3--Computer-assisted decision making
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
7 Section 5
4
Insert:
5
administrative action:
see subsection 228A(9).
6
8 Section 208
7
After:
8
•
The AUSTRAC CEO's functions include the compilation and
9
analysis of AUSTRAC information.
10
insert:
11
•
The AUSTRAC CEO may arrange for the use of computer
12
programs for any purposes for which the AUSTRAC CEO
13
may take certain administrative action under this Act, the
14
AML/CTF Rules or other instruments made under this Act.
15
9 After Division 6 of Part 16
16
Insert:
17
Division 6A--AUSTRAC CEO may use computers to take
18
administrative action
19
228A AUSTRAC CEO may use computers to take administrative
20
action
21
(1) The AUSTRAC CEO may, in writing, arrange for the use, under
22
the AUSTRAC CEO's control, of computer programs for any
23
purposes for which the AUSTRAC CEO may or must take
24
administrative action under a provision prescribed by the
25
AML/CTF Rules for the purposes of this subsection.
26
Schedule 1
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Part 3
Computer-assisted decision making
8
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
(2) The AML/CTF Rules may prescribe a provision for the purposes of
1
subsection (1) if the provision is any of the following:
2
(a) a provision of Part 3A of this Act (Reporting Entities Roll);
3
(b) a provision of Part 6 of this Act (the Remittance Sector
4
Register);
5
(c) a provision of Part 6A of this Act (the Digital Currency
6
Exchange Register);
7
(d) a provision of the AML/CTF Rules made for the purposes of
8
a provision of this Act mentioned in paragraph (a), (b) or (c)
9
of this subsection;
10
(e) a provision of an instrument made under a provision of this
11
Act mentioned in paragraph (a), (b) or (c) of this subsection.
12
(3) The AUSTRAC CEO must take reasonable steps to ensure that
13
administrative action taken by the operation of a computer program
14
under such an arrangement is consistent with the objects of this
15
Act.
16
(4) Administrative action taken by the operation of a computer
17
program under such an arrangement is, for the purposes of this Act,
18
the AML/CTF Rules and any other instrument made under this
19
Act, taken to be administrative action taken by the AUSTRAC
20
CEO.
21
Substituted decisions
22
(5) The AUSTRAC CEO may substitute a decision for a decision the
23
AUSTRAC CEO is taken to have made under subsection (4) if the
24
AUSTRAC CEO is satisfied that the decision made by the
25
operation of the computer program is not the correct or preferable
26
decision.
27
(6) The AUSTRAC CEO does not have a duty to consider whether to
28
exercise the power under subsection (5) in respect of any decision,
29
whether the AUSTRAC CEO is requested to do so by an applicant
30
or by any other person, or in any other circumstances.
31
(7) To avoid doubt, if:
32
(a) the AUSTRAC CEO is taken under subsection (4) to have
33
made a decision under a provision of this Act, the AML/CTF
34
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Schedule 1
Computer-assisted decision making
Part 3
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
9
Rules or an instrument made under this Act (the
original
1
provision
); and
2
(b) the AUSTRAC CEO substitutes a decision (the
substitute
3
decision
) under subsection (5) for that decision;
4
then, for the purposes of this Act, the AML/CTF Rules and any
5
other instrument made under this Act, the AUSTRAC CEO is
6
taken to have made the substitute decision under the original
7
provision.
8
Arrangement not a legislative instrument
9
(8) An arrangement made under subsection (1) is not a legislative
10
instrument.
11
Meaning of administrative action
12
(9) Each of the following constitutes taking
administrative action
:
13
(a) making a decision;
14
(b) exercising any power or complying with any obligation;
15
(c) doing anything else related to making a decision or
16
exercising a power or complying with an obligation.
17
Schedule 2
Australian Crime Commission Act 2002
10
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 2--Australian Crime Commission
1
Act 2002
2
3
Australian Crime Commission Act 2002
4
1 At the end of subsection 19A(4)
5
Add:
6
Penalty: 10 penalty units or imprisonment for 6 months.
7
2 Subsection 19A(8) (penalty)
8
Repeal the penalty.
9
Crimes Act 1914
Schedule 3
Amendments relating to the definition of judicial officer
Part 1
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
11
Schedule 3--Crimes Act 1914
1
Part 1--Amendments relating to the definition of
2
judicial officer
3
Crimes Act 1914
4
1 Subsection 23B(1) (definition of judicial officer)
5
Repeal the definition.
6
2 Subsections 23B(3) and 23C(3)
7
Omit "judicial officer", substitute "bail authority".
8
3 Paragraph 23C(8)(a)
9
Omit "judicial officer", substitute "bail authority".
10
4 Subsection 23DB(4)
11
Omit "judicial officer", substitute "bail authority".
12
5 Paragraph 23DB(12)(a)
13
Omit "judicial officer", substitute "bail authority".
14
6 Application of amendments
15
The amendments made by this Part apply in relation to arrests made on
16
or after the commencement of this Part in relation to conduct
17
constituting the offence concerned engaged in before, on or after that
18
commencement.
19
Schedule 3
Crimes Act 1914
Part 2
Minor and technical amendments
12
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Part 2--Minor and technical amendments
1
Crimes Act 1914
2
7 Subparagraph 3ZZOB(2)(b)(i)
3
Omit "to (f)", substitute "to (c)".
4
8 Paragraph 3ZZTC(3)(i)
5
Omit "
Terrorism (Emergency Powers) Act
", substitute "
Terrorism
6
(Emergency Powers) Act 2003
".
7
9 Paragraph 15AB(3A)(f)
8
Omit "
Northern Territory Aboriginal Sacred Sites Act
of the Northern
9
Territory", substitute "
Northern Territory Aboriginal Sacred Sites Act
10
1989
(NT)".
11
10 Paragraph 15AB(3A)(g)
12
Repeal the paragraph.
13
11 Paragraph 15AB(3A)(h)
14
Omit "
Aboriginal Land Act
of the Northern Territory", substitute
15
"
Aboriginal Land Act 1978
(NT)".
16
12 Paragraph 15AB(3A)(i)
17
Omit "
Heritage Act
of the Northern Territory", substitute "
Heritage Act
18
2011
(NT)".
19
13 Paragraph 16AA(2)(a)
20
Omit "
Northern Territory Aboriginal Sacred Sites Act
of the Northern
21
Territory", substitute "
Northern Territory Aboriginal Sacred Sites Act
22
1989
(NT)".
23
14 Paragraph 16AA(2)(b)
24
Repeal the paragraph.
25
Crimes Act 1914
Schedule 3
Minor and technical amendments
Part 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
13
15 Paragraph 16AA(2)(c)
1
Omit "
Aboriginal Land Act
of the Northern Territory", substitute
2
"
Aboriginal Land Act 1978
(NT)".
3
16 Paragraph 16AA(2)(d)
4
Omit "
Heritage Act
of the Northern Territory", substitute "
Heritage Act
5
2011
(NT)".
6
17 Subsection 85ZZG(1)
7
Omit "98", substitute "80W".
8
Schedule 4
Criminology Research Act 1971
14
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 4--Criminology Research Act 1971
1
2
Criminology Research Act 1971
3
1 Subsections 33(3) and (4)
4
Repeal the subsections, substitute:
5
(3) The Advisory Council consists of the following members:
6
(a) a representative of the Commonwealth;
7
(b) a representative of each State, the Australian Capital
8
Territory and the Northern Territory.
9
(4) The representative of the Commonwealth is:
10
(a) if the Minister designates in writing a position in the
11
Department for the purposes of this paragraph--the person
12
for the time being occupying that position; or
13
(b) otherwise--the person appointed by the Minister in writing.
14
(5) A designation made under paragraph (4)(a) is not a legislative
15
instrument.
16
(6) The representative of a State, the Australian Capital Territory or
17
the Northern Territory is the person appointed by the
18
Attorney-General of the State or Territory in writing.
19
(7) A person appointed under paragraph (4)(b) may resign from the
20
Advisory Council by written notice given to the Minister.
21
(8) A person appointed under subsection (6) may resign from the
22
Advisory Council by written notice given to the Attorney General
23
of the relevant State or Territory.
24
Note:
An appointment may be revoked: see subsection 33(3) of the
Acts
25
Interpretation Act 1901
.
26
2 Transitional
--appointments
27
(1)
An appointment:
28
(a) made under paragraph 33(3)(a) of the
Criminology Research
29
Act 1971
; and
30
(b) in force immediately before the commencement of this item;
31
Criminology Research Act 1971
Schedule 4
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
15
has effect, from that commencement, as if it had been made for the
1
purposes of paragraph 33(4)(b) of that Act, as amended by this
2
Schedule.
3
(2)
An appointment:
4
(a) made under paragraph 33(3)(b) of the
Criminology Research
5
Act 1971
; and
6
(b) in force immediately before the commencement of this item;
7
has effect, from that commencement, as if it had been made for the
8
purposes of subsection 33(6) of that Act, as amended by this
9
Schedule.
10
Schedule 5
Obtaining foreign materials
16
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 5--Obtaining foreign materials
1
2
Foreign Evidence Act 1994
3
1 Subsection 3(1) (paragraphs (a) and (b) of the definition of
4
foreign material)
5
Omit "any exhibit annexed to such testimony", substitute "any
6
documents or things produced by or with such testimony".
7
2 Subsection 20(1A)
8
Omit "an exhibit", substitute "any documents or things".
9
3 Section 21
10
Omit "any exhibit annexed to such testimony" (wherever occurring),
11
substitute "any documents or things produced by or with such
12
testimony".
13
4 Subsection 22(2)
14
Repeal the subsection, substitute:
15
(2) The testimony must purport to be signed or certified by:
16
(a) a judge, magistrate or officer in or of the foreign country
17
concerned; or
18
(b) a person who is authorised, by or under a law of the foreign
19
country concerned, to:
20
(i) administer an oath or affirmation; or
21
(ii) impose an obligation on the person giving the testimony
22
to tell the truth.
23
5 Section 29
24
Omit "any exhibit annexed to such testimony" (wherever occurring),
25
substitute "any documents or things produced by or with such
26
testimony".
27
Refusal of consent to international transfer of prisoners
Schedule 6
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
17
Schedule 6--Refusal of consent to
1
international transfer of prisoners
2
3
International Transfer of Prisoners Act 1997
4
1 Section 17
5
Repeal the section.
6
2 After section 18
7
Insert:
8
19 Decision by the Attorney-General to refuse consent to transfer
9
from Australia
10
(1) If the transfer country consents to the transfer of the prisoner on
11
terms that it proposes, the Attorney-General may decide to refuse
12
consent to the transfer on those terms.
13
(2) Before deciding under subsection (1) to refuse consent, the
14
Attorney-General must notify the prisoner (or the prisoner's
15
representative) of the proposed terms on which the transfer country
16
has consented to the transfer, including the proposed method by
17
which the sentence of imprisonment will be enforced by the
18
transfer country.
19
(3) If the Attorney-General decides under subsection (1) to refuse
20
consent to the transfer on terms proposed by the transfer country,
21
the Attorney-General:
22
(a) must notify the transfer country of the decision; and
23
(b) may advise the transfer country in writing that consent may
24
be given if the transfer country proposes a variation of those
25
terms, including any variation suggested by the
26
Attorney-General.
27
Note:
This section applies separately for each occasion where the transfer
28
country proposes varied terms. This means the Attorney-General can
29
consider whether to refuse consent under subsection (1) in relation to
30
each variation of terms proposed by the transfer country.
31
Schedule 6
Refusal of consent to international transfer of prisoners
18
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
(4) If the Attorney-General decides under subsection (1) to refuse
1
consent to the transfer on terms proposed by the transfer country,
2
sections 20 to 23 do not apply for the transfer on those particular
3
terms.
4
Note:
Sections 20 to 23 continue to apply for the transfer on any proposed
5
variation of those terms, unless the Attorney-General has refused
6
consent to the varied terms under subsection (1) of this section.
7
3 Subsection 20(1)
8
Repeal the subsection, substitute:
9
(1) If the transfer country consents to the transfer of the prisoner on
10
terms that it proposes, the Attorney-General must:
11
(a) give any State Ministers and Territory Ministers whose
12
consent is required for the transfer to have appropriate
13
Ministerial consent:
14
(i) a copy of the application given under section 16; and
15
(ii) any other information the Attorney-General considers
16
relevant; and
17
(b) notify the following of the proposed terms on which the
18
transfer country has given consent to the transfer, including
19
the proposed method by which the sentence of imprisonment
20
will be enforced by the transfer country:
21
(i) each Minister concerned;
22
(ii) unless earlier notified under subsection 19(2) of those
23
proposed terms--the prisoner (or the prisoner's
24
representative).
25
(1A) Each Minister concerned may:
26
(a) advise the Attorney-General of any matters that Minister
27
considers relevant to the processing of the application; and
28
(b) request the Attorney-General to obtain information from the
29
transfer country that is relevant to that Minister's assessment
30
of the application.
31
4 Subsection 20(2)
32
After "and", insert "each".
33
Refusal of consent to international transfer of prisoners
Schedule 6
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
19
5 Subsection 20(5)
1
Omit "state in the notice", substitute "advise the transfer country in
2
writing".
3
6 Subsection 20(5)
4
Omit "agrees to a specified variation of those terms", insert "proposes a
5
variation of those terms, including any variation suggested by the
6
Attorney-General".
7
7 Section 21
8
Omit "(or, if the transfer country has agreed to variation of the terms,
9
the terms as varied)", substitute "(including proposed terms that are an
10
agreed variation of earlier terms)".
11
8 After section 24
12
Insert:
13
24A Decision by the Attorney-General to refuse consent to transfer
14
to Australia
15
(1) The Attorney-General may decide to refuse consent to the transfer
16
of a prisoner to Australia under this Part:
17
(a) after the Attorney-General receives a request under
18
section 24 for the transfer; but
19
(b) before the Attorney-General has started to act under any of
20
sections 26 to 32 in relation to the transfer.
21
(2) Sections 26 to 32 do not apply for the transfer of the prisoner if the
22
Attorney-General decides under subsection (1) of this section to
23
refuse consent to the transfer.
24
9 Paragraph 28(1)(a)
25
Omit "in the notice", substitute "in writing by the Attorney-General".
26
10 After section 33
27
Insert:
28
Schedule 6
Refusal of consent to international transfer of prisoners
20
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
33A Decision by the Attorney-General to refuse consent to transfer
1
of Tribunal prisoner to Australia
2
(1) The Attorney-General may decide to refuse consent to the transfer
3
of a Tribunal prisoner to Australia under this Part:
4
(a) after the Attorney-General receives a request under
5
section 33 for the transfer; but
6
(b) before the Attorney-General has started to act under any of
7
sections 35 to 41 in relation to the transfer.
8
(2) Sections 35 to 41 do not apply for the transfer of the Tribunal
9
prisoner if the Attorney-General decides under subsection (1) of
10
this section to refuse consent to the transfer.
11
11 Application of amendments
12
The amendments made by this Schedule apply in relation to:
13
(a) applications under section 16 of the
International Transfer of
14
Prisoners Act 1997
; and
15
(b) requests under section 24 of that Act; and
16
(c) requests under section 33 of that Act;
17
made on or after the commencement of this Schedule.
18
Grounds to refuse mutual assistance requests
Schedule 7
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
21
Schedule 7--Grounds to refuse mutual
1
assistance requests
2
3
Mutual Assistance in Criminal Matters Act 1987
4
1 Paragraph 8(1)(ca)
5
Omit "the person", substitute "a person".
6
2 Application of amendment
7
The amendment made by this Schedule applies in relation to a request
8
by a foreign country that is under consideration on or after the
9
commencement of this item, whether the request was made before or
10
after that commencement.
11
Schedule 8
Public interest monitors
22
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Schedule 8--Public interest monitors
1
2
Telecommunications (Interception and Access) Act 1979
3
1 Paragraph 44A(2)(a)
4
Omit "46(5)(a) to (f)", substitute "46(5)(a) to (gb)".
5
2 Paragraph 44A(2)(b)
6
Omit "46A(2B)(a) to (f)", substitute "46A(2B)(a) to (gb)".
7
3 Paragraph 45(2)(a)
8
Omit "46(5)(a) to (f)", substitute "46(5)(a) to (gb)".
9
4 Paragraph 45(2)(b)
10
Omit "46A(2B)(a) to (f)", substitute "46A(2B)(a) to (gb)".
11
5 Paragraph 58(2)(a) of Schedule 1
12
Omit "60(5)(a) to (g)", substitute "60(5)(a) to (gb) and
13
paragraph 60(5)(j)".
14
6 Paragraph 58(2)(b) of Schedule 1
15
Omit "60(6)(a) to (g)", substitute "60(6)(a) to (gb) and
16
paragraph 60(6)(j)".
17
7 Paragraph 59(2)(a) of Schedule 1
18
Omit "60(5)(a) to (g)", substitute "60(5)(a) to (gb) and
19
paragraph 60(5)(j)".
20
8 Paragraph 59(2)(b) of Schedule 1
21
Omit "60(6)(a) to (g)", substitute "60(6)(a) to (gb) and
22
paragraph 60(6)(j)".
23
Witness protection
Schedule 9
Past program participants
Part 1
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
23
Schedule 9--Witness protection
1
Part 1--Past program participants
2
Witness Protection Act 1994
3
1 At the end of section 29
4
Add:
5
(3) To avoid doubt, an identity provided to a person under the program
6
mentioned in subsection (2) is taken, for the purposes of this Act,
7
to have been provided under the NWPP.
8
2 After section 29
9
Insert:
10
29A Past program participants
11
(1) This section applies to a person (a
past program participant
) who:
12
(a) was, at some time before the commencement of this Act,
13
included in a program (the
past program
) operated by the
14
Australian Federal Police for the purpose of witness
15
protection before the commencement of this Act; but
16
(b) was not included in the past program immediately before the
17
commencement of this Act.
18
Note 1:
This Act commenced on 18 April 1995.
19
Note 2:
The transitional provision in subsection 29(2) applies to people who
20
were included in the past program immediately before the
21
commencement of this Act.
22
(2) For the purposes of this Act:
23
(a) a past program participant is taken to be a former participant;
24
and
25
(b) an identity provided to a past program participant under the
26
past program is taken to have been provided under the
27
NWPP.
28
(3) To avoid doubt, paragraph (2)(a) does not prevent a past program
29
participant from becoming included in the NWPP under this Act.
30
Schedule 9
Witness protection
Part 2
Suspension of protection and assistance
24
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Part 2--Suspension of protection and assistance
1
Witness Protection Act 1994
2
3 At the end of subsection 9(2)
3
Add:
4
; and (h) details of how a suspension of protection and assistance
5
under section 17A or 17B affects any of the other matters in
6
the memorandum of understanding.
7
4 After section 17
8
Insert:
9
17A Suspension of protection and assistance on request by
10
participant
11
(1) Protection and assistance provided under the NWPP to a
12
participant may be suspended by the Commissioner if the
13
participant requests in writing that it be suspended.
14
(2) A suspension under subsection (1) takes effect:
15
(a) if the request specifies a time, and the Commissioner makes a
16
decision on the request before that time--at the time
17
specified in the request; or
18
(b) otherwise--at a time determined by the Commissioner.
19
(3) A suspension under subsection (1) ceases to have effect:
20
(a) when the participant requests in writing that the suspension
21
cease; or
22
(b) if the request under subsection (1) specifies a time for the
23
suspension to cease--at that time.
24
Notice of decision
25
(4) If a participant makes a request under subsection (1), the
26
Commissioner must, as soon as practicable after the request is
27
made:
28
Witness protection
Schedule 9
Suspension of protection and assistance
Part 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
25
(a) give written notice to the participant of the Commissioner's
1
decision to suspend, or not to suspend, protection and
2
assistance; and
3
(b) notify the relevant approved authority of that decision.
4
Effect of suspension
5
(5) Subject to subsection (6), protection or assistance must not be
6
provided under the NWPP to a participant while a suspension
7
under this section is in effect for the participant.
8
(6) However, subsection (5) does not prevent protection or assistance
9
being provided under the NWPP to a participant while a
10
suspension under this section is in effect for the participant if the
11
Commissioner is satisfied that, in the circumstances, it is necessary
12
and reasonable for the protection or assistance to be provided
13
despite the suspension.
14
(7) To avoid doubt, a suspension under this section does not result in a
15
person ceasing to be a participant while the suspension is in effect.
16
Former participants etc.
17
(8) This section does not apply to:
18
(a) former participants; or
19
(b) other persons who are receiving protection or assistance
20
under subsection 13(5) because of a relationship with a
21
former participant.
22
17B Suspension of protection and assistance by Commissioner
23
(1) Protection and assistance provided under the NWPP to a
24
participant may be suspended by the Commissioner if, in the
25
opinion of the Commissioner:
26
(a) the participant has done or intends to do something that
27
limits, or would limit, the Commissioner's ability to provide
28
adequate protection and assistance under the NWPP; and
29
(b) in the circumstances of the case, protection and assistance
30
under the NWPP should be suspended.
31
(2) A suspension under subsection (1) takes effect:
32
Schedule 9
Witness protection
Part 2
Suspension of protection and assistance
26
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
(a) at the time determined by the Commissioner; or
1
(b) if no such time is determined--at the time the Commissioner
2
decides to suspend the protection and assistance.
3
(3) A suspension under subsection (1):
4
(a) has effect until the time determined by the Commissioner,
5
which must be reasonable in all the circumstances; and
6
(b) may be extended by the making of a new decision under
7
subsection (1); and
8
(c) may be revoked by the Commissioner if the Commissioner is
9
satisfied that paragraph (1)(a) or (b) no longer applies.
10
Notice of decision
11
(4) If the Commissioner makes a decision under subsection (1) to
12
suspend the protection and assistance provided to a participant
13
under the NWPP, the Commissioner must:
14
(a) take reasonable steps to notify the participant of the decision;
15
and
16
(b) notify the relevant approved authority of the decision.
17
Effect of suspension
18
(5) Subject to subsection (6), protection or assistance must not be
19
provided under the NWPP to a participant while a suspension
20
under this section is in effect for the participant.
21
(6) However, subsection (5) does not prevent protection or assistance
22
being provided under the NWPP to a participant while a
23
suspension under this section is in effect for the participant if the
24
Commissioner is satisfied that, in the circumstances, it is necessary
25
and reasonable for the protection or assistance to be provided
26
despite the suspension.
27
(7) To avoid doubt, a suspension under this section does not result in a
28
person ceasing to be a participant while the suspension is in effect.
29
Former participants etc.
30
(8) This section does not apply to:
31
(a) former participants; or
32
Witness protection
Schedule 9
Suspension of protection and assistance
Part 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
27
(b) other persons who are receiving protection or assistance
1
under subsection 13(5) because of a relationship with a
2
former participant.
3
17C Review of decision to suspend protection and assistance
4
(1) This section applies to a decision under subsection 17B(1) to
5
suspend the protection and assistance provided to a participant
6
under the NWPP (a
suspension decision
), other than such a
7
decision made:
8
(a) as a result of a review under this section; or
9
(b) personally by the Commissioner.
10
Note:
The power to make a suspension decision may be delegated (see
11
section 25).
12
(2) A participant who receives notification of a suspension decision
13
may, within 7 days after receiving the notification, apply in writing
14
to a Deputy Commissioner for a review of the decision.
15
(3) If an application is made, the person to whom the application is
16
made:
17
(a) must review the decision, and confirm, reverse or vary it; and
18
(b) before making that decision, must give the participant a
19
reasonable opportunity to state the participant's case; and
20
(c) after making that decision, must inform the participant in
21
writing of the decision.
22
5 Subsection 25(4)
23
Repeal the subsection, substitute:
24
(4) The Commissioner's powers under sections 17A and 17B may
25
only be delegated to an Assistant Commissioner.
26
(5) If the Commissioner delegates a power under section 17A or 17B
27
to an Assistant Commissioner, the Assistant Commissioner may,
28
by writing, sub-delegate the power to a Commander or
29
Superintendent in the Australian Federal Police.
30
(6) A Commander or Superintendent may exercise a power delegated
31
under subsection (5) only if the Commander or Superintendent is
32
satisfied that the circumstances are serious and urgent.
33
Schedule 9
Witness protection
Part 3
Minor and technical amendments
28
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Part 3--Minor and technical amendments
1
Witness Protection Act 1994
2
6 Section 3 (paragraph (a) of the definition of designated
3
position)
4
Repeal the paragraph, substitute:
5
(a) the duties of which relate to the NWPP and require the
6
occupant to have an eligible national security clearance; and
7
7 Section 3
8
Insert:
9
eligible national security clearance
means a clearance prescribed
10
by the regulations for the purposes of this definition.
11
8 Section 3
12
Repeal the following definitions:
13
(a) the definition of
position of trust clearance
;
14
(b) the definition of
sensitive information
.
15
9 Subsection 12(2)
16
Omit "a national security clearance at the level of 'secret' or 'top secret'
17
or a position of trust clearance at the level of 'highly protected'",
18
substitute "an eligible national security clearance".
19
10 Subsection 13(4)
20
Omit "a national security clearance at the level of 'secret' or 'top secret'
21
or a position of trust clearance at the level of 'highly protected'",
22
substitute "an eligible national security clearance".
23
Amendments relating to the South Australian Independent Commission Against
Corruption
Schedule 10
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
29
Schedule 10--Amendments relating to the
1
South Australian Independent
2
Commission Against Corruption
3
4
Crimes Act 1914
5
1 Subsection 3ZQU(7) (paragraph (h) of the definition of State
6
or Territory law enforcement agency)
7
Omit "Commissioner", substitute "Commission".
8
2 Section 3ZZAC (paragraph (h) of the definition of State or
9
Territory law enforcement agency)
10
Repeal the paragraph, substitute:
11
(h) the Independent Commission Against Corruption established
12
by the
Independent Commission Against Corruption Act
13
2012
(SA); or
14
3 Section 20BZ (subparagraph (c)(viii) of the definition of
15
relevant person)
16
Omit "
Commissioner
", substitute "
Commission
".
17
4 Section 85ZL (paragraph (fa) of the definition of law
18
enforcement agency)
19
Repeal the paragraph.
20
Criminal Code Act 1995
21
5 Section 473.1 of the Criminal Code (paragraph (l) of the
22
definition of law enforcement officer)
23
Repeal the paragraph, substitute:
24
(l) any of the following:
25
(i) the Commissioner of the Independent Commission
26
Against Corruption of South Australia;
27
(ii) the Deputy Commissioner of the Commission;
28
Schedule 10
Amendments relating to the South Australian Independent Commission
Against Corruption
30
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
(iii) a person engaged as an employee of the Commission
1
under subsection 12(1) of the
Independent Commission
2
Against Corruption Act 2012
(SA);
3
(iv) an examiner or investigator (within the meaning of that
4
Act) of the Commission.
5
Privacy Act 1988
6
6 Subsection 6(1) (paragraph (lb) of the definition of
7
enforcement body)
8
Omit "Commissioner", substitute "Commission".
9
Surveillance Devices Act 2004
10
7 Subsection 6(1)
11
Insert:
12
member of the staff
, in relation to the Independent Commission
13
Against Corruption of South Australia, means a person who is
14
engaged under subsection 12(1) of the
Independent Commission
15
Against Corruption Act 2012
(SA).
16
8 Subsection 6A(7) (table item 35)
17
Repeal the item, substitute:
18
19
35
Independent
Commission
Against
Corruption of
South Australia
the
Commissioner
of the
Commission
(a) the
Commissioner;
or
(b) the Deputy
Commissioner;
or
(c) a member of the
staff of the
Commission; or
(d) an examiner or
investigator
(within the
meaning of the
Independent
(a) the
Commissioner;
or
(b) the Deputy
Commissioner;
or
(c) an executive
level member of
the staff of the
Commission the
chief officer
authorises under
subsection (5)
Amendments relating to the South Australian Independent Commission Against
Corruption
Schedule 10
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
31
Commission
Against
Corruption Act
2012
(SA)) of
the Commission
Telecommunications (Interception and Access) Act 1979
1
9 Subsection 5(1) (paragraph (ia) of the definition of
2
certifying officer)
3
Repeal the paragraph, substitute:
4
(ia) in the case of the Independent Commission Against
5
Corruption (SA):
6
(i) the Commissioner of the Independent Commission
7
Against Corruption (SA); or
8
(ii) the Deputy Commissioner of the Independent
9
Commission Against Corruption (SA); or
10
(iii) a person authorised to be a certifying officer for the
11
Independent Commission Against Corruption (SA)
12
under subsection 5AC(9A); or
13
10 Subsection 5(1) (paragraph (la) of the definition of chief
14
officer)
15
Repeal the paragraph, substitute:
16
(la) in the case of the Independent Commission Against
17
Corruption (SA)--the Commissioner of the Independent
18
Commission Against Corruption (SA); or
19
11 Subsection 5(1) (paragraph (e) of the definition of eligible
20
authority)
21
Omit "Independent Commissioner Against Corruption", substitute
22
"Independent Commission Against Corruption (SA)".
23
12 Subsection 5(1)
24
Insert:
25
Independent Commission Against Corruption (SA)
means the
26
Independent Commission Against Corruption of South Australia.
27
Schedule 10
Amendments relating to the South Australian Independent Commission
Against Corruption
32
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
Independent Commission Against Corruption Act (SA)
means the
1
Independent Commission Against Corruption Act 2012
(SA).
2
13 Subsection 5(1)
3
Repeal the following definitions:
4
(a) definition of
Independent Commissioner Against
5
Corruption
;
6
(b) definition of
Independent Commissioner Against
7
Corruption Act
.
8
14 Subsection 5(1)
9
Insert:
10
member of the staff of the Independent Commission Against
11
Corruption (SA)
means a person who is engaged as an employee
12
of the Commission under subsection 12(1) of the Independent
13
Commission Against Corruption Act (SA).
14
15 Subsection 5(1) (definition of member of the staff of the
15
Independent Commissioner Against Corruption)
16
Repeal the definition.
17
16 Subsection 5(1) (paragraph (m) of the definition of officer)
18
Repeal the paragraph, substitute:
19
(m) in the case of the Independent Commission Against
20
Corruption (SA):
21
(i) the Commissioner of the Independent Commission
22
Against Corruption (SA); or
23
(ii) the Deputy Commissioner of the Independent
24
Commission Against Corruption (SA); or
25
(iii) a member of the staff of the Independent Commission
26
Against Corruption (SA); or
27
17 Subsection 5(1) (paragraph (i) of the definition of
28
permitted purpose)
29
Repeal the paragraph, substitute:
30
(i) in the case of the Independent Commission Against
31
Corruption (SA):
32
Amendments relating to the South Australian Independent Commission Against
Corruption
Schedule 10
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
33
(i) an investigation under the Independent Commission
1
Against Corruption Act (SA) into corruption in public
2
administration (within the meaning of that Act); or
3
(ii) a report on such an investigation; or
4
18 Subsection 5(1) (paragraph (k) of the definition of
5
prescribed investigation)
6
Repeal the paragraph, substitute:
7
(k) in the case of the Independent Commission Against
8
Corruption (SA)--means an investigation that the
9
Independent Commission Against Corruption (SA) is
10
conducting in the performance of its functions under the
11
Independent Commission Against Corruption Act (SA).
12
19 Subsection 5(1) (paragraph (m) of the definition of
13
relevant offence)
14
Omit "Independent Commissioner Against Corruption", substitute
15
"Independent Commission Against Corruption (SA)".
16
20 Subsection 5AC(9A)
17
Omit "Independent Commissioner Against Corruption" (first
18
occurring), substitute "Commissioner of the Independent Commission
19
Against Corruption (SA)".
20
21 Subsection 5AC(9A)
21
Omit "Independent Commissioner Against Corruption" (second and
22
third occurring), substitute "Independent Commission Against
23
Corruption (SA)".
24
22 Paragraph 5B(1)(kc)
25
Omit "Independent Commissioner Against Corruption", substitute
26
"Independent Commission Against Corruption (SA)".
27
23 Subparagraph 6A(1)(c)(xii)
28
Omit "Independent Commissioner Against Corruption", substitute
29
"Independent Commission Against Corruption (SA)".
30
Schedule 10
Amendments relating to the South Australian Independent Commission
Against Corruption
34
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
No. , 2023
24 Paragraph 6L(2)(e)
1
Omit "Independent Commissioner Against Corruption", substitute
2
"Independent Commission Against Corruption (SA)".
3
25 Paragraph 39(2)(j)
4
Repeal the paragraph, substitute:
5
(j) in the case of the Independent Commission Against
6
Corruption (SA):
7
(i) the Commissioner of the Independent Commission
8
Against Corruption (SA); or
9
(ii) the Deputy Commissioner of the Independent
10
Commission Against Corruption (SA); or
11
(iii) a member of the staff of the Independent Commission
12
Against Corruption (SA).
13
26 Paragraph 68(ja)
14
Omit "Independent Commissioner Against Corruption--to the
15
Independent Commissioner Against Corruption", substitute
16
"Independent Commission Against Corruption (SA)--to the
17
Commissioner of the Independent Commission Against Corruption
18
(SA)".
19
27 Paragraph 110A(1)(l)
20
Omit "Independent Commissioner Against Corruption", substitute
21
"Independent Commission Against Corruption (SA)".
22
28 Paragraph 22(3)(k) of Schedule 1
23
Repeal the paragraph, substitute:
24
(k) in the case of the Independent Commission Against
25
Corruption (SA):
26
(i) the Commissioner of the Independent Commission
27
Against Corruption (SA); or
28
(ii) the Deputy Commissioner of the Independent
29
Commission Against Corruption (SA); or
30
(iii) a member of the staff of the Independent Commission
31
Against Corruption (SA).
32
Amendments relating to the South Australian Independent Commission Against
Corruption
Schedule 10
No. , 2023
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
35
29 Paragraphs 157(1)(z) and (zp) of Schedule 1
1
Omit "Independent Commissioner Against Corruption", substitute
2
"Independent Commission Against Corruption (SA)".
3
30 Paragraph 157(2)(p) of Schedule 1
4
Repeal the paragraph, substitute:
5
(p) each of the following is an
eligible purpose
of the
6
Independent Commission Against Corruption (SA):
7
(i) an investigation under the Independent Commission
8
Against Corruption Act (SA) into corruption in public
9
administration (within the meaning of that Act);
10
(ii) a report on such an investigation.
11