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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 No. 2) 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 No. 2) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Release on parole
3
Crimes Act 1914
3
Schedule 2
--
Border controlled drugs, plants and precursors
5
Criminal Code Act 1995
5
Customs Act 1901
9
Defence Force Discipline Act 1982
10
Schedule 3
--
Validations relating to the Australian Crime
Commission Act 2002
11
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) 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 No. 2) 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 No. 2) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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repealed as set out in the applicable items in the Schedule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
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Release on parole
Schedule 1
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
3
Schedule
1--Release on parole
1
2
Crimes Act 1914
3
1 Subsection 16(1) (definition of
parole order
)
4
Omit "
subsection 1
9AL(1) or (2)", substitute "
subsection 19AL(1) or
5
(1A), paragraph 19AL(2)(b) or subsection 1
9AL(2A), (6) or (7)".
6
2 After subsection 19AL(1)
7
Insert:
8
(1A) If the Attorney-General does not, under subsection (1), make, or
9
refuse to make, a parole order for a person before the end of the
10
non-parole period referred to in that subsection, the
11
Attorney-General must, as soon as practicable after the end of that
12
period, make, or refuse to make, a parole order for the person.
13
3 Subsection 19AL(2)
14
Omit "
subsection (1) or paragraph (
b) of this subsection", substitute
15
"
subsection (1) or (1A), paragraph (b) of this subsection, or
16
subsection (2A), (6)
or (7)".
17
4 After subsection 19AL(2)
18
Insert:
19
(2A) If the Attorney-General does not, under paragraph (2)(b),
20
reconsider the making of a parole order for a person and either
21
make, or refuse to make, such an order before the end of the 12
22
month period referred to in that paragraph, the Attorney-General
23
must, as soon as practicable after the end of that period, reconsider
24
and either make, or refuse to make, a parole order for the person.
25
Contents of parole order
26
5 Subsection 19AL(4)
27
Omit "and (6)", substitute "to (7)".
28
Schedule 1
Release on parole
4
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
No. , 2023
6 Subsection 19AL(5)
1
Omit "
subsection (1) or paragraph (
2)(b)", substitute "
subsection (1) or
2
(1A), paragraph (2)(b) or subsection (
2A)".
3
7 After subsection 19AL(6) (before the note)
4
Insert:
5
(7) If the Attorney-General does not, in accordance with
6
subsection (6), make, or refuse to make, a parole order for a person
7
before:
8
(a) the end of the period referred to in paragraph (6)(a); or
9
(b) the date of the expected release referred to in
10
paragraph (6)(b);
11
the Attorney-General must, as soon as practicable after the end of
12
that period or the date of that expected release, make, or refuse to
13
make, a parole order for the person.
14
8 Subsection 19AL(6) (note)
15
Omit "(6)", substitute "(7)".
16
9 Paragraph 23WA(8)(c)
17
Omit "
subsection 1
9AL(1) or (2)", substitute "
subsection 19AL(1) or
18
(1A), paragraph 19AL(2)(b) or subsection 1
9AL(2A), (6) or (7)".
19
10 Application provision
20
The amendments made by this Schedule apply in relation to a
21
non-parole period fixed before, on or after the commencement of this
22
Schedule, whether or not that non-parole period ended before that
23
commencement.
24
Border controlled drugs, plants and precursors
Schedule 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
5
Schedule
2--Border controlled drugs, plants
1
and precursors
2
3
Criminal Code Act 1995
4
1 Section 300.2 of the
Criminal Code
(definition of
border
5
controlled drug
)
6
Repeal the definition, substitute:
7
border controlled drug
:
8
(a) means a substance that is a border controlled drug within the
9
meaning of subsection 301.4(1); and
10
(b) to avoid doubt, includes a substance that is, under
11
subsection 301.4(2), (3) or 301.13(1A), taken, for the
12
purposes of this Part, to be a border controlled drug only in
13
relation to particular offences against this Part or particular
14
elements of those offences.
15
2 Section 300.2 of the
Criminal Code
(definition of
border
16
controlled plant
)
17
Repeal the definition, substitute:
18
border controlled plant
:
19
(a) means a growing plant that is a border controlled plant within
20
the meaning of subsection 301.5(1); and
21
(b) to avoid doubt, includes a growing plant that is, under
22
subsection 301.5(2) or 301.13(1A), taken, for the purposes of
23
this Part, to be a border controlled plant only in relation to
24
particular offences against this Part or particular elements of
25
those offences.
26
3 Section 300.2 of the
Criminal Code
(definition of
border
27
controlled precursor
)
28
Repeal the definition, substitute:
29
border controlled precursor
:
30
(a) means a substance that is a border controlled precursor
31
within the meaning of subsection 301.6(1); and
32
Schedule 2
Border controlled drugs, plants and precursors
6
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
No. , 2023
(b) to avoid doubt, includes a substance that is, under
1
subsection 301.6(1A), (1B) or 301.14(1A), taken, for the
2
purposes of this Part, to be a border controlled precursor only
3
in relation to particular offences against this Part or particular
4
elements of those offences.
5
4 Section 300.2 of the
Criminal Code
(paragraph (c) of the
6
definition of
listed
)
7
Omit "301.4(a)", substitute "301.4(1)(a)".
8
5 Section 300.2 of the
Criminal Code
(paragraph (d) of the
9
definition of
listed
)
10
Omit "301.5(a)", substitute "301.5(1)(a)".
11
6 Section 301.4 of the
Criminal Code
12
Omit "For the purposes of this Part, a", substitute "(1) A"
.
13
7 Section 301.4 of the
Criminal Code
(paragraph (b) of note 1)
14
Omit "301.8(2)", substitute "301.13(2)".
15
8 At the end of section 301.4 of the
Criminal Code
16
Add:
17
(2) However:
18
(a) the regulations may provide that a listed border controlled
19
drug is taken, for the purposes of this Part, to be a border
20
controlled drug only in relation to particular offences against
21
this Part, or particular elements of those offences; and
22
(b) if the regulations so provide, then the listed border controlled
23
drug is taken, for the purposes of this Part, to be a border
24
controlled drug only in relation to those offences or elements.
25
(3) To avoid doubt, if a listed border controlled drug is taken, for the
26
purposes of this Part, to be a border controlled drug only in relation
27
to particular offences against this Part, or particular elements of
28
those offences, then a drug analogue of the listed border controlled
29
drug is taken, for the purposes of this Part, to be a border
30
controlled drug only in relation to those offences or elements.
31
Border controlled drugs, plants and precursors
Schedule 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
7
9 Section 301.5 of the
Criminal Code
1
Omit "For the purposes of this Part, a", substitute "(1) A".
2
10 At the end of section 301.5 of the
Criminal Code
3
Add:
4
(2) However:
5
(a) the regulations may provide that a listed border controlled
6
plant is taken, for the purposes of this Part, to be a border
7
controlled plant only in relation to particular offences against
8
this Part, or particular elements of those offences; and
9
(b) if the regulations so provide, then the listed border controlled
10
plant is taken, for the purposes of this Part, to be a border
11
controlled plant only in relation to those offences or
12
elements.
13
11 Subsection 301.6(1) of the
Criminal Code
14
Omit "For the purposes of this Part, a", substitute "A".
15
12 After subsection 301.6(1) of the
Criminal Code
16
Insert:
17
(1A) However:
18
(a) the regulations may provide that a listed border controlled
19
precursor is taken, for the purposes of this Part, to be a border
20
controlled precursor only in relation to particular offences
21
against this Part, or particular elements of those offences; and
22
(b) if the regulations so provide, then the listed border controlled
23
precursor is taken, for the purposes of this Part, to be a border
24
controlled precursor only in relation to those offences or
25
elements.
26
(1B) To avoid doubt, if a listed border controlled precursor is taken, for
27
the purposes of this Part, to be a border controlled precursor only
28
in relation to particular offences against this Part, or particular
29
elements of those offences, then a salt, ester or immediate
30
precursor of the listed border controlled precursor is taken, for the
31
purposes of this Part, to be a border controlled precursor only in
32
relation to those offences or elements.
33
Schedule 2
Border controlled drugs, plants and precursors
8
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
No. , 2023
Definition of immediate precursor
1
13 Subsection 301.9(1) of the
Criminal Code
2
O
mit "For the purposes of this Part, a", substitute "A".
3
14 At the end of subsection 301.9(1) of the
Criminal Code
4
Add:
5
Note:
Some substances are taken, for the purposes of this Part, to be drug
6
analogues only in relation to particular offences against this Part, or
7
particular elements of those offences: see subsection 301.4(3).
8
15 Sections 301.10 and 301.11 of the
Criminal Code
(note)
9
Omit "301.4(b)", substitute "301.4(1)(b)".
10
16 After subsection 301.13(1) of the
Criminal Code
11
Insert:
12
(1A) However:
13
(a) a determination made under subsection (1) may provide that:
14
(i) a determined border controlled drug is taken, for the
15
purposes of this Part, to be a border controlled drug; or
16
(ii) a determined border controlled plant is taken, for the
17
purposes of this Part, to be a border controlled plant;
18
only in relation to particular offences against this Part, or
19
particular elements of those offences; and
20
(b) if such a determination so provides, then:
21
(i) the determined border controlled drug is taken, for the
22
purposes of this Part, to be a border controlled drug; or
23
(ii) the determined border controlled plant is taken, for the
24
purposes of this Part, to be a border controlled plant;
25
only in relation to those offences or elements.
26
Conditions on making a determination
27
17 After subsection 301.14(1) of the
Criminal Code
28
Insert:
29
(1A) However:
30
Border controlled drugs, plants and precursors
Schedule 2
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
9
(a) a determination made under subsection (1) may provide that
1
a determined border controlled precursor is taken, for the
2
purposes of this Part, to be a border controlled precursor only
3
in relation to particular offences against this Part, or
4
particular elements of those offences; and
5
(b) if such a determination so provides, then the determined
6
border controlled precursor is taken, for the purposes of this
7
Part, to be a border controlled precursor only in relation to
8
those offences or elements.
9
Conditions on making a determination
10
Customs Act 1901
11
18 Subsection 51A(1)
12
Repeal the subsection, substitute:
13
(1) This section applies if a substance or plant is a border controlled
14
drug, a border controlled plant or a border controlled precursor
15
because of a determination made under Subdivision C of
16
Division 301 of the
Criminal Code
(which deals with emergency
17
Ministerial determinations of serious drugs and precursors).
18
Note:
Border controlled drug
,
border controlled plant
and
border
19
controlled precursor
have the same meaning as in Part 9.1 of the
20
Criminal Code
(see subsection 4(1) of this Act). In that Part, those
21
terms include substances or plants that are, under Subdivision C of
22
Division 301 of the
Criminal Code
, taken, for the purposes of the Part,
23
to be border controlled drugs, border controlled plants or border
24
controlled precursors only in relation to particular offences against the
25
Part, or particular elements of those offences.
26
19 Subsection 112A(1)
27
Repeal the subsection, substitute:
28
(1) Subsection (2) applies if a substance or plant is a border controlled
29
drug or a border controlled plant because of a determination made
30
under section 301.13 of the
Criminal Code
(which deals with
31
emergency Ministerial determinations of serious drugs).
32
Note:
Border controlled drug
and
border controlled plant
have the same
33
meaning as in Part 9.1 of the
Criminal Code
(see subsection 4(1) of
34
this Act). In that Part, those terms include substances or plants that
35
Schedule 2
Border controlled drugs, plants and precursors
10
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
No. , 2023
are, under section 301.13 of the
Criminal Code
, taken, for the
1
purposes of the Part, to be border controlled drugs or border controlled
2
plants only in relation to particular offences against the Part, or
3
particular elements of those offences.
4
20 Subsection 112A(3)
5
Repeal the subsection, substitute:
6
(3) Subsection (4) applies if a substance is a border controlled
7
precursor because of a determination made under section 301.14 of
8
the
Criminal Code
(which deals with emergency Ministerial
9
determinations of serious drug precursors).
10
Note:
Border controlled precursor
has the same meaning as in Part 9.1 of
11
the
Criminal Code
(see subsection 4(1) of this Act). In that Part, that
12
term includes substances that are, under section 301.14 of the
13
Criminal Code
, taken, for the purposes of the Part, to be border
14
controlled precursors only in relation to particular offences against the
15
Part, or particular elements of those offences.
16
Defence Force Discipline Act 1982
17
21 Subsection 3(1) (paragraph (a) of the definition of
18
prohibited drug
)
19
Omit "
section 3
01.4", substitute "
Part 9
.1".
20
22 Subsection 3(1) (paragraph (b) of the definition of
21
prohibited drug
)
22
Omit "
section 3
01.5", substitute "
Part 9
.1".
23
23 Application provision
24
The amendments of the
Customs Act 1901
made by this Schedule apply
25
in relation to determinations under Subdivision C of Division 301 of the
26
Criminal Code
made before, on or after the commencement of this
27
Schedule.
28
Validations relating to the Australian Crime Commission Act 2002
Schedule 3
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
11
Schedule
3--Validations relating to the
1
Australian Crime Commission Act
2
2002
3
4
1 Validations relating to the
Australian Crime Commission
5
Act 2002
6
Scope of this item
7
(1)
This item applies:
8
(a) in relation to a thing done by a person in reliance upon, or
9
otherwise in relation to:
10
(i) an authorisation (the
relevant authorisation
)
given by
11
the Board of the Australian Crime Commission on or
12
after 4 September 2013, and
before 10 December 2019,
13
under paragraph 7C(1)(c) of the ACC Act; or
14
(ii) a determination (the
relevant determination
) made by
15
the Board of the Australian Crime Commission on or
16
after 4 September 2013, and before 10 December 2022,
17
under subsection 7C(2) or (3) of the ACC Act; and
18
(b) where that thing was done before the commencement of this
19
item; and
20
(c) where that thing related to federally relevant criminal activity
21
within the meaning of the ACC Act as in force at the time
22
when the relevant authorisation was given or the relevant
23
determination was made; and
24
(d) to the extent that the doing of that thing would, apart from
25
this item, be invalid or ineffective because the relevant
26
authorisation or relevant determination was invalid or
27
ineffective (including because, at the time when the
28
authorisation was given or the determination was made, the
29
authorisation or determination failed to specify or identify
30
federally relevant criminal activity within the meaning of the
31
ACC Act as in force at that time).
32
(2)
To avoid doubt, a determination made by the Board of the Australian
33
Crime Commission that is a relevant determination may also be:
34
Schedule 3
Validations relating to the Australian Crime Commission Act 2002
12
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
No. , 2023
(a) if the determination was made on or after 4 September 2013
1
and before 10 December 2019
--
a determination made by the
2
Board in the performance of the Board's functions under
3
paragraph 7C(1)(d) of the ACC Act; or
4
(b) if the determination was made on or after 10 December 2019
5
and before 10 December 2022
--
a determination made by the
6
Board in the performance of the Board's functions under
7
paragraph 7C(1)(c) or (d) of the ACC Act.
8
Validation
9
(3)
The thing done is as valid and effective, and is taken for all purposes
10
always to have been as valid and effective, as it would have been if the
11
relevant authorisation or relevant determination were not invalid or
12
ineffective.
13
(4)
To avoid doubt, and without limiting subitem (3), that subitem has
14
effect for the purposes of
legal proceedings.
15
Compensation for acquisition of property
16
(5)
If the operation of this item would result in an acquisition of property
17
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
18
person otherwise than on just terms (within the meaning of that
19
paragraph), the Commonwealth is liable to pay a reasonable amount of
20
compensation to the person.
21
(6)
If the Commonwealth and the person do not agree on the amount of the
22
compensation, the person may institute proceedings in the Federal
23
Court of Australia for the recovery from the Commonwealth of such
24
reasonable amount of compensation as the court determines.
25
Definitions
26
(7)
In this item:
27
ACC Act
means the
Australian Crime Commission Act 2002
.
28
authorisation
includes a purported authorisation.
29
determination
includes a purported determination.
30
legal proceedings
include any proceedings before a court or tribunal,
31
and include proceedings that are pending or concluded.
32
relevant authorisation
has the meaning given by subparagraph (1)(a)(i).
33
Validations relating to the Australian Crime Commission Act 2002
Schedule 3
No. , 2023
Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023
13
relevant determination
has the meaning given by
1
subparagraph (1)(a)(ii).
2
thing
includes:
3
(a) issuing, or purporting to issue, a summons or notice under the
4
ACC Act; and
5
(b) requiring, or purporting to require, a person to answer a
6
question or produce a document under the ACC Act; and
7
(c) taking steps in or in relation to:
8
(i) legal proceedings; or
9
(ii) matters arising in, or as a result of, legal proceedings;
10
and
11
(d) the exercise, or purported exercise, of any other power,
12
whether or not under the ACC Act; and
13
(e) the performance, or purported performance, of any other
14
function, whether or not under the ACC Act.
15