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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Crimes Legislation Amendment
(Harming Australians) Bill 2015
No. , 2015
(Attorney-General and Senator Xenophon)
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
No. , 2015
Crimes Legislation Amendment (Harming Australians) Bill 2015
i
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
Schedule 1--Amendme nts
3
Criminal Code Act 1995
3
No. , 2015
Crimes Legislation Amendment (Harming Australians) Bill 2015
1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Crimes Legislation Amendment
5
(Harming Australians) Act 2015.
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
Crimes Legislation Amendment (Harming Australians) Bill 2015
No. , 2015
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 this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule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. , 2015
Crimes Legislation Amendment (Harming Australians) Bill 2015
3
Schedule 1--Amendments
1
2
Criminal Code Act 1995
3
1 Paragraph 115.1(1)(a) of the Criminal Code
4
After "Australia", insert "(whether before or after 1 October 2002 or the
5
commencement of this Code)".
6
2 After paragraph 115.1(1)(d) of the Criminal Code
7
Insert:
8
; and (e) if the conduct was engaged in before 1 October 2002--at the
9
time the conduct was engaged in, the conduct constituted an
10
offence against a law of the foreign country, or the part of the
11
foreign country, in which the conduct was engaged.
12
3 Subsection 115.1(1) of the Criminal Code (penalty)
13
Repeal the penalty.
14
4 At the end of subsection 115.1(1) of the Criminal Code
15
Add:
16
Note:
This section commenced on 1 October 2002.
17
5 After subsection 115.1(1) of the Criminal Code
18
Insert:
19
(1A) If the conduct constituting an offence against subsection (1) was
20
engaged in before 1 October 2002, the offence is punishable on
21
conviction by:
22
(a) if, at the time the conduct was engaged in, the offence
23
mentioned in paragraph (1)(e) was punishable on conviction
24
by a term of imprisonment (other than imprisonment for
25
life)--a maximum penalty of imprisonment for a term of not
26
more than that term; or
27
(b) otherwise--a maximum penalty of imprisonment for life.
28
(1B) If the conduct constituting an offence against subsection (1) was
29
engaged in on or after 1 October 2002, the offence is punishable on
30
conviction by a maximum penalty of imprisonment for life.
31
Schedule 1 Amendments
4
Crimes Legislation Amendment (Harming Australians) Bill 2015
No. , 2015
6 Subsection 115.1(2) of the Criminal Code
1
Omit "paragraph (1)(c)", substitute "paragraphs (1)(c) and (e)".
2
7 At the end of section 115.1 of the Criminal Code
3
Add:
4
(3) If:
5
(a) a person has been convicted or acquitted of an offence in
6
respect of conduct under a law of a foreign country or a part
7
of a foreign country; and
8
(b) the person engaged in the conduct before 1 October 2002;
9
the person cannot be convicted of an offence against this section in
10
respect of that conduct.
11
8 Paragraph 115.2(1)(a) of the Criminal Code
12
After "Australia", insert "(whether before or after 1 October 2002 or the
13
commencement of this Code)".
14
9 After paragraph 115.2(1)(d) of the Criminal Code
15
Insert:
16
; and (e) if the conduct was engaged in before 1 October 2002--at the
17
time the conduct was engaged in, the conduct constituted an
18
offence against a law of the foreign country, or the part of the
19
foreign country, in which the conduct was engaged.
20
10 Subsection 115.2(1) of the Criminal Code (penalty)
21
Repeal the penalty.
22
11 At the end of subsection 115.2(1) of the Criminal Code
23
Add:
24
Note:
This section commenced on 1 October 2002.
25
12 After subsection 115.2(1) of the Criminal Code
26
Insert:
27
(1A) If the conduct constituting an offence against subsection (1) was
28
engaged in before 1 October 2002, the offence is punishable on
29
conviction by:
30
Amendments Schedule 1
No. , 2015
Crimes Legislation Amendment (Harming Australians) Bill 2015
5
(a) if, at the time the conduct was engaged in, the offence
1
mentioned in paragraph (1)(e) was punishable on conviction
2
by imprisonment for a term of less than 25 years--a
3
maximum penalty of imprisonment for a term of not more
4
than that term; or
5
(b) otherwise--a maximum penalty of imprisonment for a term
6
of not more than 25 years.
7
(1B) If the conduct constituting an offence against subsection (1) was
8
engaged in on or after 1 October 2002, the offence is punishable on
9
conviction by a maximum penalty of imprisonment for a term of
10
not more than 25 years.
11
13 Subsection 115.2(2) of the Criminal Code
12
Omit "paragraphs (1)(b) and (c)", substitute "paragraphs (1)(b), (c) and
13
(e)".
14
14 At the end of section 115.2 of the Criminal Code
15
Add:
16
(3) If:
17
(a) a person has been convicted or acquitted of an offence in
18
respect of conduct under a law of a foreign country or a part
19
of a foreign country; and
20
(b) the person engaged in the conduct before 1 October 2002;
21
the person cannot be convicted of an offence against this section in
22
respect of that conduct.
23