CRIMES LEGISLATION AMENDMENT (INTERNATIONAL CRIME COOPERATION AND OTHER MEASURES) BILL 2016

2016

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Crimes Legislation Amendment

(International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(Justice)

A Bill for an Act to amend legislation relating to the

criminal law, law enforcement and background

checking, and for other purposes

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 3

Schedule 1--Assistance to international courts and tribunals

Part 1--Lawfully obtained material

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Surveillance Devices Act 2004

Telecommunications (Interception and Access) Act 1979

Part 2--Producing documents or other articles

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Part 3--Covert access to stored communications

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Telecommunications (Interception and Access) Act 1979

Part 4--Historical telecommunications data

Telecommunications (Interception and Access) Act 1979

Part 5--Prospective telecommunications data

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Telecommunications (Interception and Access) Act 1979

Part 6--Use of surveillance devices

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Surveillance Devices Act 2004

Part 7--Forensic procedures

Crimes Act 1914

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

International Criminal Court Act 2002

International War Crimes Tribunals Act 1995

Part 8--Proceeds of crime

Division 1--Amendments relating to the ICC

International Criminal Court Act 2002

Division 2--Amendments relating to Tribunals

International War Crimes Tribunals Act 1995

Part 9--Obligations of carriage service providers etc. to

provide assistance, and recovery of costs for providing

assistance

Telecommunications Act 1997

Schedule 2--Amendments relating to mutual assistance in

criminal matters

Part 1--Search warrants

Mutual Assistance in Criminal Matters Act 1987

Part 2--Production of documents or other articles

Mutual Assistance in Criminal Matters Act 1987

Part 3--Other amendments

Mutual Assistance in Criminal Matters Act 1987

Schedule 3--Amendment of the Extradition Act 1988

Extradition Act 1988

Schedule 4--Amendments relating to foreign evidence

Foreign Evidence Act 1994

Schedule 5--Protecting vulnerable persons

Crimes Act 1914

Crimes Legislation Amendment (Law Enforcement Integrity,

Vulnerable Witness Protection and Other Measures) Act 2013

Schedule 6--Slavery-like offences and relevant evidence

100

Part 1--Slavery-like offences

100

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

iii

Crimes Act 1914

100

Criminal Code Act 1995

100

Telecommunications (Interception and Access) Act 1979

103

Part 2--Relevant evidence

104

Criminal Code Act 1995

104

Part 3--Application and transitional provisions

107

Schedule 7--Amendment of the War Crimes Act 1945

108

War Crimes Act 1945

108

Schedule 8--Amendment of the Australian Federal Police Act

1979

110

Part 1--Drug testing

110

Australian Federal Police Act 1979

110

Part 2--Other amendments

113

Australian Federal Police Act 1979

113

Schedule 9--Amendment of the Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

114

Part 1--Reports about physical currency

114

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

114

Part 2--The Australian Charities and Not-for-profits

Commission

115

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

115

Schedule 10--Amendment of the Australian Crime

Commission Act 2002

116

Australian Crime Commission Act 2002

116

Schedule 11--Amendment of the AusCheck Act 2007

118

AusCheck Act 2007

118

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

A Bill for an Act to amend legislation relating to the

criminal law, law enforcement and background

checking, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Crimes Legislation Amendment (International

Crime Cooperation and Other Measures) Act 2016.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

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

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.

3. Schedule 2,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 2,

Part 2

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.

5. Schedule 2,

Part 3

The day after this Act receives the Royal

Assent.

6. Schedule 3

The day after this Act receives the Royal

Assent.

7. Schedule 4

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. Schedules 5 to

The day after this Act receives the Royal

Assent.

9. Schedule 8,

Part 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

10. Schedule 8,

Part 2

The day after this Act receives the Royal

Assent.

11. Schedules 9

to 11

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation 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.

Schedule 1 Assistance to international courts and tribunals

Part 1 Lawfully obtained material

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Schedule 1--Assistance to international

courts and tribunals

Part 1--Lawfully obtained material

International Criminal Court Act 2002

1 Section 4

Insert:

interception warrant information has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

law enforcement agency has the same meaning as in the

Surveillance Devices Act 2004.

law enforcement officer has the same meaning as in the

Surveillance Devices Act 2004.

lawfully intercepted information has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

lawfully obtained in Australia has a meaning affected by

subsection 69A(3).

2 After Division 5 of Part 4

Insert:

Division 5A--Providing law enforcement agency material

69A Authorising provision of material obtained by law enforcement

agencies

(1) The Attorney-General may authorise, in writing, the provision of

material to the ICC if:

(a) the ICC has requested the material; and

(b) the Attorney-General is satisfied that:

(i) the request relates to an investigation being conducted

by the Prosecutor or a proceeding before the ICC; and

Assistance to international courts and tribunals Schedule 1

Lawfully obtained material Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(ii) if the material is or includes lawfully intercepted

information or interception warrant information--the

investigation is into, or the proceeding relates to, an

offence punishable by a maximum penalty of

imprisonment for 7 years or more, or imprisonment for

life; and

(iii) the material was lawfully obtained in Australia by, and

is lawfully in the possession of, a law enforcement

agency.

(2) The authorisation may:

(a) specify the uses to which the material can be put by the ICC;

and

(b) include a direction to a law enforcement officer of the law

enforcement agency about how the material is to be provided

to the ICC.

(3) Material lawfully obtained in Australia includes:

(a) material obtained from individuals or entities by consent; and

(b) material obtained by warrant, or the exercise of a coercive

power by a court, in Australia for the purposes of a domestic

investigation or prosecution.

International War Crimes Tribunals Act 1995

3 Section 4

Insert:

law enforcement agency has the same meaning as in the

Surveillance Devices Act 2004.

law enforcement officer has the same meaning as in the

Surveillance Devices Act 2004.

lawfully obtained in Australia has a meaning affected by

subsection 25A(3).

4 Before Division 1 of Part 4

Insert:

Schedule 1 Assistance to international courts and tribunals

Part 1 Lawfully obtained material

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Division 1AA--Providing law enforcement agency material

25A Authorising provision of material obtained by law enforcement

agencies

(1) The Attorney-General may authorise, in writing, the provision of

material to a Tribunal if:

(a) the Tribunal has requested the material; and

(b) the Attorney-General is satisfied that:

(i) the request relates to a proceeding before, or an

investigation conducted by, the Tribunal; and

(ii) the material was lawfully obtained in Australia by, and

is lawfully in the possession of, a law enforcement

agency.

(2) The authorisation may:

(a) specify the uses to which the material can be put by the

Tribunal; and

(b) include a direction to a law enforcement officer of the law

enforcement agency about how the material is to be provided

to the Tribunal.

(3) Material lawfully obtained in Australia includes:

(a) material obtained from individuals or entities by consent; and

(b) material obtained by warrant, or the exercise of a coercive

power by a court, in Australia for the purposes of a domestic

investigation or prosecution.

Surveillance Devices Act 2004

5 Subsection 6(1)

Insert:

International Criminal Court has the same meaning as ICC in the

International Criminal Court Act 2002.

War Crimes Tribunal has the same meaning as Tribunal in the

International War Crimes Tribunals Act 1995.

Assistance to international courts and tribunals Schedule 1

Lawfully obtained material Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

6 At the end of subsection 45(4)

Add:

(h) the communication of information for the purpose of

providing it to the International Criminal Court, if this has

been authorised under section 69A of the International

Criminal Court Act 2002; or

(i) the communication of information for the purpose of

providing it to a War Crimes Tribunal, if this has been

authorised under section 25A of the International War

Crimes Tribunals Act 1995.

Note:

These paragraphs will be added after those substituted for paragraph 45(4)(f) of the

Surveillance Devices Act 2004 (see Part 6 of this Schedule).

Telecommunications (Interception and Access) Act 1979

7 Subsection 5(1)

Insert:

International Criminal Court has the same meaning as ICC in the

International Criminal Court Act 2002.

War Crimes Tribunal has the same meaning as Tribunal in the

International War Crimes Tribunals Act 1995.

8 After paragraph 68(l)

Insert:

(la) if the Attorney-General has authorised the provision of the

information to the International Criminal Court under

section 69A of the International Criminal Court Act 2002--

to:

(i) that Court; or

(ii) the Secretary of the Department for the purpose of

providing the information to that Court; and

(lb) if the Attorney-General has authorised the provision of the

information to a War Crimes Tribunal under section 25A of

the International War Crimes Tribunals Act 1995--to:

(i) that Tribunal; or

Schedule 1 Assistance to international courts and tribunals

Part 1 Lawfully obtained material

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(ii) the Secretary of the Department for the purpose of

providing the information to that Tribunal; and

9 Section 68A

Repeal the section, substitute:

68A Communicating information obtained by the Secretary

(1) This section applies to information communicated to the Secretary

of the Department as described in an item of the following table:

Information to which this section applies

Item

Information communicated

under this provision:

For the purpose of providing it to

this entity:

paragraph 68(l)

the foreign country concerned

paragraph 68(la)

the International Criminal Court

paragraph 68(lb)

the War Crimes Tribunal concerned

(2) Each of the following:

(a) the Secretary of the Department;

(b) a person authorised by the Secretary;

communicated under this subsection;

may communicate the information to another person or entity for

purposes connected with providing the information to the entity

mentioned in that table item.

10 Section 102B

Repeal the section, substitute:

102B Report regarding international requests

The report must set out the number of occasions on which lawfully

intercepted information or interception warrant information was

communicated to any of the following:

(a) a foreign country under paragraph 68(l) or section 68A;

(b) the International Criminal Court under paragraph 68(la) or

section 68A;

Assistance to international courts and tribunals Schedule 1

Lawfully obtained material Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

section 68A.

11 Application and transitional provisions

(1)

The amendments made by this Part apply in relation to a request made

to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request.

(2)

The amendments so apply:

(a) whether the material requested was lawfully obtained in

Australia before, on or after that commencement; and

(b) whether conduct, a crime or an offence to which the request

relates occurred before, on or after that commencement.

(3)

An authorisation that:

(a) was made, before the commencement of this item, under

subsection 68A(1) of the Telecommunications (Interception

and Access) Act 1979 as in force before that commencement;

and

(b) was in force immediately before that commencement;

continues in force (and may be dealt with) after that commencement as

if it had been made under subsection 68A(2) of that Act as amended by

this Part.

Schedule 1 Assistance to international courts and tribunals

Part 2 Producing documents or other articles

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 2--Producing documents or other articles

International Criminal Court Act 2002

12 Subsection 66(2)

Omit "the magistrate must", substitute "a magistrate must".

13 Subsection 66(2)

Omit "to the magistrate", substitute "to that magistrate".

14 Subsection 66(3)

Omit "the magistrate may", substitute "a magistrate may".

15 Subsection 66(3)

Omit "the magistrate to", substitute "that magistrate to".

16 Application of amendments

The amendments of the International Criminal Court Act 2002 made by

this Part apply in relation to the following:

(a) a requirement to produce documents or other articles that is

made on or after the commencement of this item;

(b) a requirement to produce documents or other articles that is

made before the commencement of this item if:

(i) the documents or other articles had not been produced

immediately before the commencement of this item; or

(ii) the documents or other articles were produced before

the commencement of this item but, immediately before

that commencement, the documents (or copies of the

documents) or other articles had not been sent to the

Attorney-General as required by subsection 66(2) or (3)

of that Act.

International War Crimes Tribunals Act 1995

17 Subsection 28(2)

Omit "the magistrate must", substitute "a magistrate must".

Assistance to international courts and tribunals Schedule 1

Producing documents or other articles Part 2

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

18 Subsection 28(2)

Omit "to the magistrate", substitute "to that magistrate".

19 Subsection 28(3)

Omit "the magistrate may", substitute "a magistrate may".

20 Subsection 28(3)

Omit "the magistrate to", substitute "that magistrate to".

21 Application of amendments

The amendments of the International War Crimes Tribunals Act 1995

made by this Part apply in relation to the following:

(a) a requirement to produce documents or other articles that is

made on or after the commencement of this item;

(b) a requirement to produce documents or other articles that is

made before the commencement of this item if:

(i) the documents or other articles had not been produced

immediately before the commencement of this item; or

(ii) the documents or other articles were produced before

the commencement of this item but, immediately before

that commencement, the documents (or copies of the

documents) or other articles had not been sent to the

Attorney-General as required by subsection 28(2) or (3)

of that Act.

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 3--Covert access to stored communications

International Criminal Court Act 2002

22 Section 4

Insert:

carrier has the same meaning as in the Telecommunications

(Interception and Access) Act 1979 (other than Part 5-4 or 5-4A of

that Act).

23 Section 4 (paragraph (b) of the definition of police officer)

Omit "police force of a State or Territory", substitute "police force or

police service of a State".

24 Section 4

Insert:

stored communication has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

25 After Division 11 of Part 4

Insert:

Division 11A--Stored communications

78A Authorising application for a stored communications warrant

The Attorney-General may authorise, in writing, the Australian

Federal Police, or the police force or police service of a State, to

apply for a stored communications warrant under section 110 of

the Telecommunications (Interception and Access) Act 1979 if:

(a) the Attorney-General is satisfied that:

(i) an investigation is being conducted by the Prosecutor or

a proceeding is before the ICC; and

(ii) there are reasonable grounds to believe that stored

communications relevant to the investigation or

proceeding are held by a carrier; and

Assistance to international courts and tribunals Schedule 1

Covert access to stored communications Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(b) the ICC has requested the Attorney-General to arrange for

access to the stored communications.

Note:

Information obtained under the warrant may only be communicated to

the ICC on certain conditions: see subsection 142A(1) of the

Telecommunications (Interception and Access) Act 1979.

International War Crimes Tribunals Act 1995

26 Section 4

Insert:

carrier has the same meaning as in the Telecommunications

(Interception and Access) Act 1979 (other than Part 5-4 or 5-4A of

that Act).

27 Section 4 (paragraph (b) of the definition of police officer)

Omit "police force of a State or Territory", substitute "police force or

police service of a State".

28 Section 4

Insert:

stored communication has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

29 After Division 2 of Part 4

Insert:

Division 2A--Stored communications

34A Authorising application for a stored communications warrant

The Attorney-General may authorise, in writing, the Australian

Federal Police or the police force or police service of a State to

apply for a stored communications warrant under section 110 of

the Telecommunications (Interception and Access) Act 1979 if:

(a) the Attorney-General is satisfied that:

(i) a proceeding is before, or an investigation is being

conducted by, a Tribunal; and

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(ii) there are reasonable grounds to believe that stored

communications relevant to the proceeding or

investigation are held by a carrier; and

(b) the Tribunal has requested the Attorney-General to arrange

for access to the stored communications.

Note:

Information obtained under the warrant may only be communicated to

the Tribunal on certain conditions: see subsection 142A(1) of the

Telecommunications (Interception and Access) Act 1979.

Telecommunications (Interception and Access) Act 1979

30 Subsection 5(1)

Insert:

access request has the meaning given by subsection 107P(1).

crime within the jurisdiction of the ICC has the same meaning as

in the International Criminal Court Act 2002.

international assistance application means an application for a

stored communications warrant made as a result of:

(a) an authorisation under section 15B of the Mutual Assistance

in Criminal Matters Act 1987; or

(b) an authorisation under section 78A of the International

Criminal Court Act 2002; or

Crimes Tribunals Act 1995.

international offence has the meaning given by subsection 162(3).

31 Subsection 5(1) (definition of mutual assistance

application)

Repeal the definition.

32 Subsection 5(1)

Insert:

serious foreign contravention means:

(a) a contravention of a law of a foreign country that is

punishable by a maximum penalty of:

Assistance to international courts and tribunals Schedule 1

Covert access to stored communications Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(i) imprisonment for 3 years or more, imprisonment for life

or the death penalty; or

(ii) a fine of an amount that is at least equivalent to 900

penalty units; or

(b) a crime within the jurisdiction of the ICC; or

War Crimes Tribunal offence has the same meaning as Tribunal

offence in the International War Crimes Tribunals Act 1995.

33 Section 5EA

Repeal the section.

34 Section 107G

After "contravention of certain foreign laws", insert "or to certain

international offences".

35 Section 107G

After "foreign country", insert ", the International Criminal Court or a

War Crimes Tribunal".

36 Section 107P

Repeal the section, substitute:

107P Condition for giving a foreign preservation notice

(1) An entity mentioned in the following table may request the

Australian Federal Police to arrange for the preservation of stored

communications that:

(a) relate to a specified person or specified telecommunications

service; and

(b) are held by a carrier; and

proceeding relating to a serious foreign contravention;

if the entity intends to make a request (an access request) under a

provision mentioned in the table to the Attorney-General to arrange

for access to those stored communications.

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Requesting access to stored communications

Item

This entity:

May make an access request under:

a foreign country

paragraph 15B(d) of the Mutual

Assistance in Criminal Matters Act 1987

the International Criminal Court

paragraph 78A(b) of the International

Criminal Court Act 2002

a War Crimes Tribunal

paragraph 34A(b) of the International

War Crimes Tribunals Act 1995

(2) The request by the entity to the Australian Federal Police must:

(a) be in writing; and

(b) name the entity or the entity's authority concerned with the

serious foreign contravention; and

the investigation, investigative proceeding or proceeding; and

(d) specify information identifying the stored communications to

be preserved and the relationship between those

communications and the serious foreign contravention; and

(e) specify any information the entity has that identifies the

carrier that holds the stored communications; and

(f) if the stored communications relate to a specified person--

specify any information the entity has that identifies the

telecommunications service to which the stored

communications relate; and

(g) specify the reasons why the stored communications need to

be preserved; and

(h) specify that the entity intends to make an access request for

the stored communications.

37 Subparagraph 107Q(b)(ii)

Repeal the subparagraph, substitute:

(ii) if a stored communications warrant authorising access

to the stored communications covered by the notice is

issued as a result of the access request--when the

warrant ceases to be in force.

38 Paragraph 107R(1)(a)

Repeal the paragraph, substitute:

Assistance to international courts and tribunals Schedule 1

Covert access to stored communications Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(a) an entity requests under section 107P the Australian Federal

Police to arrange for the preservation of stored

communications that are held by a carrier; and

39 Paragraph 107R(1)(c)

Repeal the paragraph, substitute:

was given the notice, the entity did not make an access

request to the Attorney-General to arrange for access to those

communications;

40 Paragraph 107R(2)(a)

Repeal the paragraph, substitute:

(a) an entity requests under section 107P the Australian Federal

Police to arrange for the preservation of stored

communications that are held by a carrier; and

41 Paragraph 107R(2)(c)

Repeal the paragraph, substitute:

arrange for access to those communications; and

42 Paragraph 107R(2)(d)

Omit "request", substitute "access request".

43 Paragraph 107R(3)(a)

Repeal the paragraph, substitute:

(a) an entity requests under section 107P the Australian Federal

Police to arrange for the preservation of stored

communications that are held by a carrier; and

44 Paragraph 107R(3)(c)

Omit "foreign country", substitute "entity".

45 Paragraph 116(1)(d)

Repeal the paragraph, substitute:

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(d) information that would be likely to be obtained by accessing

those stored communications under a stored communications

warrant would be likely to assist in connection with:

(i) unless subparagraph (ii) applies--the investigation by

the agency of a serious contravention in which the

person is involved (including as a victim of the serious

contravention); or

(ii) for an international assistance application--the

investigation, investigative proceeding, or proceeding

by the entity to which the application relates, of a

serious foreign contravention to which the application

relates and in which the person is involved (including as

a victim of the serious foreign contravention); and

46 Subsection 116(2)

Omit "In the case of an application other than a mutual assistance

application", substitute "For an application other than an international

assistance application".

47 Subsection 116(2A)

Omit "In the case of a mutual assistance application", substitute "For an

international assistance application".

48 Paragraph 116(2A)(c)

Repeal the paragraph, substitute:

subparagraph (1)(d)(ii) would be likely to assist in

connection with the investigation, investigative proceeding,

or proceeding, to the extent that this is possible to determine

from information obtained from the entity to which the

application relates.

49 Subsection 139(2)

Omit "a mutual assistance application", substitute "an international

assistance application".

50 Paragraph 139(2)(e)

Repeal the paragraph, substitute:

Assistance to international courts and tribunals Schedule 1

Covert access to stored communications Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(e) an authorisation under any of the following provisions in

respect of the information:

(i) subsection 13A(1) of the Mutual Assistance in Criminal

Matters Act 1987;

(ii) section 69A of the International Criminal Court Act

2002;

(iii) section 25A of the International War Crimes Tribunals

Act 1995.

51 Subsection 139(4A)

Repeal the subsection, substitute:

(4A) In the case of information obtained by the agency through the

execution of a warrant issued as a result of an international

assistance application, the purposes are purposes connected with:

(a) providing the information to the entity to which the

application relates, or to an appropriate authority of that

entity; or

(b) the keeping of records by the agency under Part 3-5.

52 Section 142A

Repeal the section, substitute:

142A Communicating information obtained as a result of an

international assistance application

(1) If information is obtained through the execution of a warrant issued

as a result of an international assistance application, a person may

only communicate the information to the entity to which the

application relates on the following conditions:

(a) that the information will only be used for the purposes for

which the entity requested the information;

(b) that any document or other thing containing the information

will be destroyed when it is no longer required for those

purposes;

Attorney-General.

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(2) Subsection (1) has effect despite subsection 139(4A) and

section 142.

(3) A determination under paragraph (1)(c) is not a legislative

instrument.

53 Paragraph 151(1)(g)

Omit "mutual assistance, being a request to which a mutual assistance

application", substitute "international assistance, being a request to

which an international assistance application".

54 Paragraph 162(1)(c)

Omit "mutual assistance applications", substitute "international

assistance applications".

55 Paragraph 162(1)(d)

Repeal the paragraph, substitute:

(d) for each international offence for the agency--the offence (if

any), under a law of the Commonwealth, a State or a

Territory, that is of the same, or a substantially similar, nature

to the international offence.

56 Paragraph 162(2)(ba)

Omit "mutual assistance applications", substitute "international

assistance applications".

57 Paragraph 162(2)(e)

Repeal the paragraph, substitute:

(e) for each international offence for each enforcement agency--

the offence (if any), under a law of the Commonwealth, a

State or a Territory, that is of the same, or a substantially

similar, nature to the international offence.

58 At the end of section 162

Add:

(3) An international offence, for an enforcement agency, is:

(a) an offence against a law of a foreign country; or

(b) a crime within the jurisdiction of the ICC; or

Assistance to international courts and tribunals Schedule 1

Covert access to stored communications Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

in respect of which a stored communications warrant was issued as

a result of an international assistance application made by the

agency during the year.

59 Section 163A

Repeal the section, substitute:

163A Report regarding international requests

The report must set out the number of occasions on which lawfully

accessed information or stored communications warrant

information was communicated under subsection 139(1) or

section 142 to any of the following:

(a) a foreign country;

(b) the International Criminal Court;

for a purpose connected with an authorisation referred to in

paragraph 139(2)(e).

60 Application and transitional provisions

(1)

The amendments made by this Part apply in relation to a request made

to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request.

(2)

The amendments made by this Part apply in relation to a request made

to the Australian Federal Police by the ICC, a Tribunal or a foreign

country:

(a) on or after the commencement of this item; and

(b) under section 107P of the Telecommunications (Interception

and Access) Act 1979 (as inserted by this Part).

(3)

The amendments so apply as a result of subitem (1) or (2):

(a) whether the stored communications to which the request

relates became stored communications before, on or after that

commencement; and

Schedule 1 Assistance to international courts and tribunals

Part 3 Covert access to stored communications

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(b) whether conduct, a crime or an offence to which the request

relates occurred before, on or after that commencement.

(4)

If:

(a) a foreign country makes a request to which subitem (1)

applies (the access request); and

(b) before the commencement of this item, the foreign country

made a request (the preservation request) under section 107P

of the Telecommunications (Interception and Access) Act

1979 because the foreign country intended to make the access

request;

the preservation request continues in existence (and may be dealt with)

after that commencement as if it had been made under that section as

amended by this Part.

(5)

A determination that:

(a) was made, before the commencement of this item, under

paragraph 142A(1)(c) of the Telecommunications

(Interception and Access) Act 1979 (as in force before that

commencement); and

(b) was in force immediately before that commencement;

continues in force (and may be dealt with) after that commencement as

if it had been made under that paragraph as amended by this Part.

Assistance to international courts and tribunals Schedule 1

Historical telecommunications data Part 4

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Part 4--Historical telecommunications data

Telecommunications (Interception and Access) Act 1979

61 Subsection 5(1) (at the end of the definition of foreign law

enforcement agency)

Add:

; or (c) any other authority or person responsible to the International

Criminal Court for investigating or prosecuting a crime

within the jurisdiction of the ICC; or

(d) any other authority or person responsible to a War Crimes

Tribunal for investigating or prosecuting a War Crimes

Tribunal offence.

62 Section 180A (heading)

Repeal the heading, substitute:

180A Authorisations for access to existing information or

documents--enforcing foreign or international laws

63 Subsection 180A(3)

Repeal the subsection, substitute:

(3) The authorised officer must not make the authorisation unless he or

she is satisfied that the disclosure is reasonably necessary for:

(a) the enforcement of the criminal law of a foreign country; or

(b) an investigation or prosecution of a crime within the

jurisdiction of the ICC; or

offence.

64 Subsection 180A(5)

Repeal the subsection, substitute:

(5) The authorised officer must not make the authorisation unless he or

she is satisfied that the disclosure is appropriate in all the

circumstances and that the disclosure is reasonably necessary for:

Schedule 1 Assistance to international courts and tribunals

Part 4 Historical telecommunications data

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(a) the enforcement of the criminal law of a foreign country; or

(b) an investigation or prosecution of a crime within the

jurisdiction of the ICC; or

offence.

65 Section 180C (heading)

Repeal the heading, substitute:

180C Authorisations to disclose information or documents--

enforcing foreign or international laws

66 Subsection 180C(2)

Repeal the subsection, substitute:

(2) The authorised officer must not make the authorisation unless he or

she is satisfied that the disclosure is appropriate in all the

circumstances and that the disclosure is reasonably necessary for:

(a) the enforcement of the criminal law of a foreign country; or

(b) an investigation or prosecution of a crime within the

jurisdiction of the ICC; or

offence.

67 Subdivision C of Division 4A of Part 4-1 (heading)

Repeal the heading, substitute:

Subdivision C--Conditions of disclosure to foreign law

enforcement agencies

68 Section 180E (heading)

Repeal the heading, substitute:

Assistance to international courts and tribunals Schedule 1

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Other Measures) Bill 2016

180E Disclosing information etc. to foreign countries or foreign law

enforcement agencies

69 Subsection 180E(1)

After "foreign country" (wherever occurring), insert "or foreign law

enforcement agency".

70 Application of amendments

The amendments made by this Part apply in relation to a disclosure of

information or documents on or after the commencement of this item:

(a) whether the information or documents were acquired before,

on or after that commencement; and

(b) whether conduct, a crime or an offence to which the

disclosure relates occurred before, on or after that

commencement.

Schedule 1 Assistance to international courts and tribunals

Part 5 Prospective telecommunications data

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 5--Prospective telecommunications data

International Criminal Court Act 2002

71 Section 4

Insert:

communication has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

telecommunications system has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

72 Before Division 12 of Part 4

Insert:

Division 11B--Prospective telecommunications data

78B Authorising an authorisation for the disclosure of prospective

telecommunications data

(1) The Attorney-General may authorise, in writing, the making of an

authorisation under section 180B of the Telecommunications

(Interception and Access) Act 1979 for the disclosure of

information or documents if:

(a) the ICC has requested the Attorney-General to arrange for the

disclosure of the information or documents; and

(b) the information or documents come into existence during a

period specified by the ICC, and which started on or after the

day the request was made; and

(i) an investigation is being conducted by the Prosecutor or

a proceeding is before the ICC; and

(ii) the information or documents relate to the fact of a

communication passing over a telecommunications

system during that period.

Assistance to international courts and tribunals Schedule 1

Prospective telecommunications data Part 5

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Note:

The information or documents will not be disclosed unless they are

reasonably necessary for the investigation or proceeding (see

subsection 180B(3) of that Act).

(2) To avoid doubt, information or documents do not relate to the fact

of a communication passing over a telecommunications system to

the extent that the information is, or the documents contain, the

contents or substance of a communication.

International War Crimes Tribunals Act 1995

73 Section 4

Insert:

communication has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

telecommunications system has the same meaning as in the

Telecommunications (Interception and Access) Act 1979.

74 Before Division 3 of Part 4

Insert:

Division 2B--Prospective telecommunications data

34B Authorising an authorisation for the disclosure of prospective

telecommunications data

(1) The Attorney-General may authorise, in writing, the making of an

authorisation under section 180B of the Telecommunications

(Interception and Access) Act 1979 for the disclosure of

information or documents if:

(a) a Tribunal has requested the Attorney-General to arrange for

the disclosure of the information or documents; and

(b) the information or documents come into existence during a

period specified by the Tribunal, and which started on or

after the day the request was made; and

(i) a proceeding is before, or an investigation is being

conducted by, the Tribunal; and

Schedule 1 Assistance to international courts and tribunals

Part 5 Prospective telecommunications data

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(ii) the information or documents relate to the fact of a

communication passing over a telecommunications

system during a period specified in the Tribunal's

request.

Note:

The information or documents will not be disclosed unless they are

reasonably necessary for the investigation or proceeding (see

subsection 180B(3) of that Act).

(2) To avoid doubt, information or documents do not relate to the fact

of a communication passing over a telecommunications system to

the extent that the information is, or the documents contain, the

contents or substance of a communication.

Telecommunications (Interception and Access) Act 1979

75 Section 180B (heading)

Repeal the heading, substitute:

180B Authorisations for access to prospective information or

documents--enforcing international laws

76 Subsection 180B(3)

Repeal the subsection, substitute:

(3) The authorised officer must not make the authorisation unless:

(a) the Attorney-General has authorised the making of the

authorisation under a provision mentioned in an item of the

following table; and

(b) the authorised officer is satisfied that:

(i) the disclosure is reasonably necessary for an

investigation or proceeding referred to in that table item;

and

(ii) the disclosure is appropriate in all the circumstances.

Authorising access to prospective information or documents

Item

For Attorney-General

authorisations under:

the investigation or proceeding is:

section 15D of the Mutual

an investigation or proceeding relating

Assistance to international courts and tribunals Schedule 1

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No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Authorising access to prospective information or documents

Item

For Attorney-General

authorisations under:

the investigation or proceeding is:

Assistance in Criminal Matters

Act 1987

to an offence against the law of a

foreign country that:

(a) is punishable by imprisonment for 3

years or more, imprisonment for

life or the death penalty; or

(b) involves an act or omission that, if

it had occurred in Australia, would

be a serious offence

section 78B of the International

Criminal Court Act 2002

an investigation or proceeding relating

to a crime within the jurisdiction of the

ICC

section 34B of the International

War Crimes Tribunals Act 1995

an investigation or proceeding relating

to a War Crimes Tribunal offence

77 Paragraph 180B(6)(a)

Repeal the paragraph, substitute:

(a) reasonably necessary for an investigation or proceeding of a

kind referred to in the relevant table item in subsection (3);

and

78 Paragraph 180B(8)(a)

Repeal the paragraph, substitute:

(a) reasonably necessary for an investigation or proceeding of a

kind referred to in the relevant table item in subsection (3);

and

79 Application of amendments

The amendments made by this Part apply in relation to a request made

to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request;

Assistance to international courts and tribunals Schedule 1

Use of surveillance devices Part 6

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Part 6--Use of surveillance devices

International Criminal Court Act 2002

80 Section 4

Insert:

eligible law enforcement officer has the meaning given by

subsection 79A(2).

81 After Division 12 of Part 4

Insert:

Division 12A--Requests for surveillance devices

79A Authorising applications for surveillance device warrants

(1) The Attorney-General may authorise, in writing, an eligible law

enforcement officer to apply for a surveillance device warrant

under section 14 of the Surveillance Devices Act 2004 if:

(a) the ICC has requested the Attorney-General to arrange for the

use of a surveillance device; and

(b) the Attorney-General is satisfied that an investigation is

being conducted by the Prosecutor, or a proceeding is before

the ICC; and

appropriate undertakings for:

(i) ensuring that the information obtained as a result of the

use of the device will only be used for the purpose for

which it is communicated to the ICC; and

(ii) the destruction of a document or other thing containing

information obtained as a result of the use of the device;

and

(iii) any other matter the Attorney-General considers

appropriate.

Note:

The eligible law enforcement officer can only apply for the warrant if

he or she reasonably suspects that the use of the device is necessary

Schedule 1 Assistance to international courts and tribunals

Part 6 Use of surveillance devices

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

for the investigation or proceeding (see subsection 14(3A) of the

Surveillance Devices Act 2004).

(2) An eligible law enforcement officer is a person mentioned in

column 3 of table item 5 in subsection 6A(6), or column 3 of table

item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

International War Crimes Tribunals Act 1995

82 Section 4

Insert:

eligible law enforcement officer has the meaning given by

subsection 32A(2).

83 After Division 1 of Part 4

Insert:

Division 1A--Requests for surveillance devices

32A Authorising applications for surveillance device warrants

(1) The Attorney-General may authorise, in writing, an eligible law

enforcement officer to apply for a surveillance device warrant

under section 14 of the Surveillance Devices Act 2004 if:

(a) a Tribunal has requested the Attorney-General to arrange for

the use of a surveillance device; and

(b) the Attorney-General is satisfied that a proceeding is before,

or an investigation is being conducted by, the Tribunal; and

appropriate undertakings for:

(i) ensuring that the information obtained as a result of the

use of the device will only be used for the purpose for

which it is communicated to the Tribunal; and

(ii) the destruction of a document or other thing containing

information obtained as a result of the use of the device;

and

(iii) any other matter the Attorney-General considers

appropriate.

Assistance to international courts and tribunals Schedule 1

Use of surveillance devices Part 6

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Note:

The eligible law enforcement officer can only apply for the warrant if

he or she reasonably suspects that the use of the device is necessary

for the investigation or proceeding (see subsection 14(3A) of the

Surveillance Devices Act 2004).

(2) An eligible law enforcement officer is a person mentioned in

column 3 of table item 5 in subsection 6A(6), or column 3 of table

item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.

Surveillance Devices Act 2004

84 Subsection 6(1)

Insert:

international assistance application means an application for a

surveillance device warrant made under an international assistance

authorisation.

international assistance authorisation means:

(a) an authorisation under subsection 15CA(1) of the Mutual

Assistance in Criminal Matters Act 1987; or

(b) an authorisation under subsection 79A(1) of the International

Criminal Court Act 2002; or

War Crimes Tribunals Act 1995.

85 Subsection 6(1)

Repeal the following definitions:

(a) definition of mutual assistance application;

(b) definition of mutual assistance authorisation.

86 Subsection 6(1)

Insert:

offence has a meaning affected by subsection (5).

87 At the end of section 6

Add:

(5) To avoid doubt, a reference in this Act to an offence in relation to:

Schedule 1 Assistance to international courts and tribunals

Part 6 Use of surveillance devices

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(a) an international assistance authorisation that is an

authorisation under subsection 79A(1) of the International

Criminal Court Act 2002; or

(b) an international assistance application that is related to such

an authorisation;

is a reference to a crime within the jurisdiction of the ICC (within

the meaning of that Act).

88 Subsection 14(3A)

Repeal the subsection, substitute:

Warrants sought for international assistance investigations

(3A) A law enforcement officer (or a person on his or her behalf) may

apply for the issue of a surveillance device warrant if he or she:

(a) is authorised to do so under an international assistance

authorisation; and

(b) suspects on reasonable grounds that the use of a surveillance

device is necessary, in the course of the investigation,

proceeding or investigative proceeding to which the

authorisation relates, for the purpose of enabling evidence to

be obtained of:

(i) the commission of an offence to which the authorisation

relates; or

(ii) the identity or location of the persons suspected of

committing the offence.

89 Paragraphs 16(1)(ba) and (2)(a)

Omit "a mutual assistance authorisation", substitute "an international

assistance authorisation".

90 Paragraph 16(2)(ea)

Repeal the paragraph, substitute:

(ea) in the case of a warrant sought in relation to an international

assistance authorisation--the likely evidentiary or

intelligence value of any evidence or information sought to

be obtained, to the extent that this is possible to determine

from information obtained from the international entity to

which the authorisation relates; and

Assistance to international courts and tribunals Schedule 1

Use of surveillance devices Part 6

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

91 Subparagraph 17(1)(b)(iiia)

Repeal the subparagraph, substitute:

(iiia) if the warrant relates to an international assistance

authorisation--each offence to which the authorisation

relates; and

92 Paragraph 21(3A)(a)

Omit "a mutual assistance authorisation", substitute "an international

assistance authorisation".

93 Subparagraph 21(3A)(b)(i)

Repeal the subparagraph, substitute:

(i) the commission of any offence to which the

authorisation relates; or

94 Paragraph 21(5)(c)

Repeal the paragraph, substitute:

assistance authorisation--of enabling evidence to be obtained

of:

(i) the commission of any offence to which the

authorisation relates; or

(ii) the identity or location of the persons suspected of

committing the offence;

95 Paragraph 45(4)(f)

Repeal the paragraph, substitute:

(f) the communication of information for the purpose of

providing it to one of the following entities (or to an

appropriate authority of that entity):

(i) a foreign country;

(ii) the International Criminal Court;

(iii) a War Crimes Tribunal;

if the information was obtained under, or relates to, a

surveillance device warrant issued in relation to an

international assistance authorisation requested by that entity;

Schedule 1 Assistance to international courts and tribunals

Part 6 Use of surveillance devices

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(g) the communication of information for the purpose of

providing it to a foreign country, or an appropriate authority

of a foreign country, if this has been authorised under

subsection 13A(1) of the Mutual Assistance in Criminal

Matters Act 1987; or

96 Subsection 45(6)

After "Paragraphs (4)(f)", insert "and (g)".

97 Paragraphs 50(1)(aa) and (ea)

Omit "mutual assistance applications", substitute "international

assistance applications".

98 Paragraph 50(1)(ia)

Repeal the paragraph, substitute:

(ia) for each of the following offences:

(i) an offence against a law of a foreign country;

(ii) a crime within the jurisdiction of the ICC (within the

meaning of the International Criminal Court Act 2002);

(iii) a Tribunal offence (within the meaning of the

International War Crimes Tribunals Act 1995);

in respect of which a warrant was issued as a result of an

international assistance application made by or on behalf of

law enforcement officers of the agency during the year--the

offence (if any), under a law of the Commonwealth, a State

or a Territory, that is of the same, or a substantially similar,

nature; and

99 Subparagraph 53(2)(c)(iiia)

Repeal the subparagraph, substitute:

(iiia) if the warrant was issued in relation to an international

assistance authorisation--each offence to which the

authorisation relates; and

100 Application of amendments

The amendments made by this Part apply in relation to a request made

to the Attorney-General by the ICC, a Tribunal or a foreign country:

(a) on or after the commencement of this item; or

Assistance to international courts and tribunals Schedule 1

Use of surveillance devices Part 6

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request;

whether conduct, a crime or an offence to which the request relates

occurred before, on or after that commencement.

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 7--Forensic procedures

Crimes Act 1914

101 Part ID (simplified outline)

Omit "(as contemplated by the Mutual Assistance in Criminal Matters

Act 1987)", substitute "or an international tribunal,".

102 Subsection 23WA(1)

Insert:

authorising provision, in relation to a request by a foreign country

or international tribunal, means whichever of the following

provisions that refers to the request:

(a) section 28B of the Mutual Assistance in Criminal Matters Act

1987;

(b) section 76A of the International Criminal Court Act 2002;

1995.

crime within the jurisdiction of the ICC has the same meaning as

in the International Criminal Court Act 2002.

103 Subsection 23WA(1) (at the end of the definition of

foreign law enforcement agency)

Add:

; or (c) any other authority or person responsible to the ICC for

investigating or prosecuting a crime within the jurisdiction of

the ICC; or

(d) any other authority or person responsible to a War Crimes

Tribunal for investigating or prosecuting a War Crimes

Tribunal offence.

104 Subsection 23WA(1) (definition of foreign serious

offence)

Repeal the definition, substitute:

foreign serious offence means:

Assistance to international courts and tribunals Schedule 1

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No. , 2016

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Other Measures) Bill 2016

(a) a foreign serious offence (within the meaning of the Mutual

Assistance in Criminal Matters Act 1987); or

(b) a crime within the jurisdiction of the ICC; or

105 Subsection 23WA(1)

Insert:

ICC has the same meaning as in the International Criminal Court

Act 2002.

international tribunal means:

(a) the ICC; or

(b) a War Crimes Tribunal.

106 Subsection 23WA(1) (paragraph (a) of the definition of

investigating constable)

Omit "(as contemplated by the Mutual Assistance in Criminal Matters

Act 1987)", substitute ", an international tribunal".

107 Subsection 23WA(1)

Insert:

request, by a foreign country, international tribunal or foreign law

enforcement agency, means:

(a) in the case of a foreign country--a request, referred to in

section 28B of the Mutual Assistance in Criminal Matters Act

1987, by the country; or

(b) in the case of an international tribunal:

(i) a request referred to in section 76A of the International

Criminal Court Act 2002, if the tribunal is the ICC; or

(ii) a request referred to in section 32B of the International

War Crimes Tribunals Act 1995, if the tribunal is a War

Crimes Tribunal; or

to which Subdivision B of Division 9A applies, by the

agency.

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

108 Subsection 23WA(1) (paragraph (d) of the definition of

suspect)

Repeal the paragraph, substitute:

(d) a person for whom a forensic procedure has been requested

by a foreign country, international tribunal or a foreign law

enforcement agency because that country, tribunal or agency

has:

(i) started investigating whether the person has committed

an indictable offence; or

(ii) started proceedings against the person for an indictable

offence.

109 Subsection 23WA(1)

Insert:

War Crimes Tribunal has the same meaning as Tribunal in the

International War Crimes Tribunals Act 1995.

War Crimes Tribunal offence has the same meaning as Tribunal

offence in the International War Crimes Tribunals Act 1995.

110 Subsection 23WA(9)

Repeal the subsection, substitute:

Requests by a foreign country, international tribunal or foreign

law enforcement agency

(9) The provisions of this Part apply in relation to a forensic procedure

carried out because of a request by a foreign country, international

tribunal or foreign law enforcement agency, as if a reference to an

indictable offence were a reference to a foreign serious offence.

111 Paragraph 23WJ(1)(ib)

After "a foreign law enforcement agency", insert "(other than an agency

responsible to an international tribunal)".

112 After paragraph 23WJ(1)(ib)

Insert:

Assistance to international courts and tribunals Schedule 1

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No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(ic) if the suspect is being asked to undergo a forensic procedure

because of a request by a foreign law enforcement agency

responsible to an international tribunal--the following:

(i) the name of the international tribunal for which the

request was made;

(ii) that forensic evidence resulting from the forensic

procedure will be provided to the agency;

(iii) that the forensic evidence may be used in proceedings

against the suspect in the international tribunal;

(iv) that the retention of the forensic evidence will be

governed by the rules of the international tribunal;

(v) that the retention of the forensic evidence will be subject

to undertakings given by the agency;

(vi) the content of those undertakings;

113 Subsection 23WJ(6)

Repeal the subsection, substitute:

Failure to consent to forensic procedure--procedure requested by

foreign law enforcement agency

(6) The constable must inform the suspect (whether or not the suspect

is in custody) that if:

(a) the suspect is being asked to undergo a forensic procedure

because of a request by a foreign law enforcement agency;

and

(b) the suspect does not consent;

the Attorney-General may be requested to authorise (under an

authorising provision) an authorised applicant to apply to a

magistrate for an order for the carrying out of the forensic

procedure.

114 Paragraph 23WM(2A)(a)

Repeal the paragraph, substitute:

(a) a foreign country or international tribunal; or

115 Paragraph 23WR(1)(d)

Repeal the paragraph, substitute:

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(d) the forensic procedure has been requested by a foreign

country or an international tribunal.

116 Paragraph 23WT(1)(ca)

Repeal the paragraph, substitute:

(ca) if the forensic procedure has been requested by a foreign

country or an international tribunal--a constable has been

authorised by the Attorney-General, under the authorising

provision relating to the request, to apply for an order under

this Part; and

117 Paragraph 23WT(2)(a)

Repeal the paragraph, substitute:

(a) if the forensic procedure has been requested by a foreign

country or an international tribunal--balance the public

interest in Australia providing and receiving international

assistance in criminal matters against the public interest in

upholding the physical integrity of the suspect; and

118 Paragraph 23XWR(2)(da)

After "a foreign law enforcement agency", insert "(other than an agency

responsible to an international tribunal)".

119 After paragraph 23XWR(2)(da)

Insert:

(db) if the volunteer undergoes a forensic procedure because of a

request by a foreign law enforcement agency responsible to

an international tribunal--the following:

(i) the name of the international tribunal for which the

request was made;

(ii) that forensic evidence resulting from the forensic

procedure will be provided to the agency;

(iii) that the forensic evidence may be used in proceedings in

the international tribunal;

(iv) that the retention of the forensic evidence will be

governed by the rules of the international tribunal;

(v) that the retention of the forensic evidence will be subject

to undertakings given by the agency;

Assistance to international courts and tribunals Schedule 1

Forensic procedures Part 7

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(vi) the content of those undertakings;

120 Paragraph 23XWU(1)(d)

Repeal the paragraph, substitute:

(d) in the case of a forensic procedure requested by a foreign

country or an international tribunal--a constable has been

authorised by the Attorney-General, under the authorising

provision relating to the request, to apply for an order under

this Part.

121 Section 23YBA

Repeal the section, substitute:

23YBA Division does not apply to a proceeding in a foreign country

or an international tribunal

To avoid doubt, this Division does not apply in relation to a

proceeding in a foreign country or international tribunal in which

forensic evidence is provided in response to a request by:

(a) a foreign country; or

(b) an international tribunal; or

122 Section 23YBB

Repeal the section, substitute:

23YBB Application

This Division does not apply to forensic evidence provided in

response to a request by a foreign country, an international tribunal

or a foreign law enforcement agency.

123 Subsection 23YDAC(1) (after paragraph (aa) of the

definition of crime scene index)

Insert:

(ab) at any place outside Australia where:

(i) a crime within the jurisdiction of the ICC; or

(ii) a War Crimes Tribunal offence;

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

was, or is reasonably suspected of having been, committed;

124 Paragraph 23YDAE(2)(da)

Repeal the paragraph, substitute:

(da) the purpose of assisting a foreign country or international

tribunal to decide whether to make a request;

125 Paragraph 23YDAE(2)(e)

After "Mutual Assistance in Criminal Matters Act 1987", insert ", the

International Criminal Court Act 2002, the International War Crimes

Tribunals Act 1995".

126 Subsection 23YF(1) (note 1)

Repeal the note, substitute:

Note 1:

If a forensic procedure is carried out as a result of a request by a

foreign country or an international tribunal, a copy of anything made

may also be provided to that country or tribunal: see section 23YQB.

127 Section 23YKA

Repeal the section, substitute:

23YKA Application of sections 23YI to 23YK

To avoid doubt, sections 23YI to 23YK do not apply in relation to

a proceeding in a foreign country or international tribunal in which

forensic evidence is provided in response to a request by:

(a) a foreign country; or

(b) an international tribunal; or

128 Paragraph 23YO(2)(da)

Repeal the paragraph, substitute:

(da) the purposes of assisting a foreign country or international

tribunal to decide whether to make a request;

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Other Measures) Bill 2016

129 Paragraph 23YO(2)(e)

After "Mutual Assistance in Criminal Matters Act 1987", insert ", the

International Criminal Court Act 2002, the International War Crimes

Tribunals Act 1995".

130 Paragraph 23YO(3)(d)

After "Mutual Assistance in Criminal Matters Act 1987", insert ", the

International Criminal Court Act 2002, the International War Crimes

Tribunals Act 1995".

131 Division 9A of Part ID (heading)

Repeal the heading, substitute:

Division 9A--Carrying out forensic procedures at the

request of a foreign country or international

tribunal

132 Subdivision A of Division 9A of Part ID

Repeal the Subdivision, substitute:

Subdivision A--Requests by foreign countries or international

tribunals

23YQA Application of Subdivision

This Subdivision applies if:

(a) a request is made by a foreign country or an international

tribunal (the requesting entity) for a forensic procedure to be

carried out on a person; and

(b) the Attorney-General authorises, under the authorising

provision relating to the request, an authorised applicant to

apply to a magistrate for the carrying out of the forensic

procedure on the person.

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

23YQB Providing evidence and material resulting from the forensic

procedure

(1) Any forensic evidence resulting from the forensic procedure must

be provided to the requesting entity in accordance with a direction

described in subsection (3).

(2) Material (or a copy) relating to the request that was made available

to, or viewed by, a person under subsection 23YF(1) (about

recordings) may only be provided to the requesting entity in

accordance with a direction described in subsection (3).

(3) The direction is one given by the Attorney-General under the

following provision:

(a) section 28C of the Mutual Assistance in Criminal Matters Act

1987, if the request was made by a foreign country;

(b) section 76B of the International Criminal Court Act 2002, if

the request was made by the ICC;

1995, if the request was made by a War Crimes Tribunal.

(4) This section does not limit the directions that can be given under

that provision.

133 At the end of section 23YQC

Add:

Note:

This includes a request by an authority or person responsible to an

international tribunal for investigating or prosecuting a crime or an

offence within the jurisdiction of the tribunal.

134 Subsection 23YUB(1A)

Repeal the subsection, substitute:

(1A) The orders mentioned in subsection (1) do not include an order

made in response to a request by a foreign country or international

tribunal.

Assistance to international courts and tribunals Schedule 1

Forensic procedures Part 7

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

International Criminal Court Act 2002

135 Section 4

Insert:

child has the same meaning as in Part ID of the Crimes Act 1914.

constable has the same meaning as in the Crimes Act 1914.

forensic evidence has the same meaning as in Part ID of the

Crimes Act 1914.

forensic material has the same meaning as in Part ID of the Crimes

Act 1914.

forensic procedure has the same meaning as in Part ID of the

Crimes Act 1914.

incapable person has the same meaning as in Part ID of the Crimes

Act 1914.

parent has the same meaning as in the Crimes Act 1914.

136 After Division 10 of Part 4

Insert:

Division 10A--Forensic procedures

76A Authorising application for carrying out of forensic procedures

(1) The Attorney-General may authorise, in writing, a constable to

apply under Part ID of the Crimes Act 1914 for an order for the

carrying out of a forensic procedure on a person if:

(a) the ICC has requested the procedure to be carried out on the

person; and

(b) the Attorney-General is satisfied:

(i) that the request relates to an investigation being

conducted by the Prosecutor or a proceeding before the

ICC; and

(ii) that the person is, or is believed to be, in Australia; and

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(iii) that the ICC has given appropriate undertakings about

the retention, use and destruction of forensic material, or

of information obtained from analysing that material;

and

(iv) that the ICC has given any other undertakings that the

Attorney-General considers necessary; and

(v) unless subsection (2) applies--that the person has been

given an opportunity to consent to the forensic

procedure and has not consented to it; and

(vi) if subsection (2) applies--of the matters in that

subsection; and

authorised applicant.

(2) If the person is a child or an incapable person, the matters are:

(a) that either:

(i) the consent of a parent or guardian of the person cannot

reasonably be obtained or has been withdrawn; or

(ii) a parent or guardian of the person is a suspect in relation

to a crime or an offence to which the investigation or

proceeding relates; and

(b) that, having regard to the best interests of the person, it is

appropriate to make the authorisation.

(3) In this section:

authorised applicant has the same meaning as in

subsection 23WA(1) of the Crimes Act 1914.

suspect has the same meaning as in subsection 23WA(1) of the

Crimes Act 1914.

76B Providing forensic evidence to the ICC

(1) The Attorney-General may direct a constable about how forensic

evidence is to be provided to the ICC if:

(a) the Attorney-General gave an authorisation to the constable

under subsection 76A(1); and

(b) the forensic evidence resulted from the authorisation.

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(2) A direction under subsection (1) is not a legislative instrument.

International War Crimes Tribunals Act 1995

137 Section 4

Insert:

child has the same meaning as in Part ID of the Crimes Act 1914.

constable has the same meaning as in the Crimes Act 1914.

forensic evidence has the same meaning as in Part ID of the

Crimes Act 1914.

forensic material has the same meaning as in Part ID of the Crimes

Act 1914.

forensic procedure has the same meaning as in Part ID of the

Crimes Act 1914.

incapable person has the same meaning as in Part ID of the Crimes

Act 1914.

parent has the same meaning as in the Crimes Act 1914.

138 Before Division 2 of Part 4

Insert:

Division 1B--Forensic procedures

32B Authorising application for carrying out of forensic procedures

(1) The Attorney-General may authorise, in writing, a constable to

apply under Part ID of the Crimes Act 1914 for an order for the

carrying out of a forensic procedure on a person if:

(a) a Tribunal has requested the procedure to be carried out on

the person; and

(b) the Attorney-General is satisfied:

(i) that the request relates to a proceeding before, or an

investigation conducted by, the Tribunal; and

(ii) that the person is, or is believed to be, in Australia; and

Schedule 1 Assistance to international courts and tribunals

Part 7 Forensic procedures

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(iii) that the Tribunal has given appropriate undertakings

about the retention, use and destruction of forensic

material, or of information obtained from analysing that

material; and

(iv) that the Tribunal has given any other undertakings that

the Attorney-General considers necessary; and

(v) unless subsection (2) applies--that the person has been

given an opportunity to consent to the forensic

procedure and has not consented to it; and

(vi) if subsection (2) applies--of the matters in that

subsection; and

authorised applicant.

(2) If the person is a child or an incapable person, the matters are:

(a) that either:

(i) the consent of a parent or guardian of the person cannot

reasonably be obtained or has been withdrawn; or

(ii) a parent or guardian of the person is a suspect in relation

to an offence to which the investigation or proceeding

relates; and

(b) that, having regard to the best interests of the person, it is

appropriate to make the authorisation.

(3) In this section:

authorised applicant has the same meaning as in

subsection 23WA(1) of the Crimes Act 1914.

suspect has the same meaning as in subsection 23WA(1) of the

Crimes Act 1914.

32C Providing forensic evidence to the Tribunal

(1) The Attorney-General may direct a constable about how forensic

evidence is to be provided to a Tribunal if:

(a) the Attorney-General gave an authorisation to the constable

under subsection 32B(1); and

(b) the forensic evidence resulted from the authorisation.

Assistance to international courts and tribunals Schedule 1

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Crimes Legislation Amendment (International Crime Cooperation and

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(2) A direction under subsection (1) is not a legislative instrument.

139 Application of amendments

The amendments made by this Part apply in relation to a request made

to the Attorney-General by the ICC, a Tribunal, a foreign country or a

foreign law enforcement agency:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request;

whether conduct, a crime or an offence to which the request relates

occurred before, on or after that commencement.

Schedule 1 Assistance to international courts and tribunals

Part 8 Proceeds of crime

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 8--Proceeds of crime

Division 1

--Amendments relating to the ICC

International Criminal Court Act 2002

140 Section 4

Insert:

benefit has the same meaning as in the Proceeds of Crime Act.

141 Section 4 (definition of evidential material)

Repeal the definition, substitute:

evidential material means:

(a) in Subdivision F of Division 14 of Part 4--evidence relating

to:

(i) property in relation to which a forfeiture order has been

or could be made; or

(ii) property in relation to which a restraining order has

been or could be made for the purposes of section 82; or

(iii) property of a person in relation to whom a pecuniary

penalty order may be enforced as described in

section 159; or

(iv) proceeds of a crime within the jurisdiction of the ICC;

(v) benefits derived from the commission of a crime within

the jurisdiction of the ICC; or

(b) otherwise--a thing relevant to a crime within the jurisdiction

of the ICC, including such a thing in electronic form.

142 Section 4 (definition of monitoring order)

Repeal the definition.

143 Section 4

Insert:

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Other Measures) Bill 2016

person assisting has the same meaning as in the Proceeds of Crime

Act.

POCA search warrant means a search warrant issued under

Part 3-5 of the Proceeds of Crime Act in relation to a crime within

the jurisdiction of the ICC.

proceeds request has the meaning given by section 81.

144 Section 4

Repeal the following definitions:

(a) definition of production order;

(b) definition of property tracking document.

145 Section 4

Insert:

responsible enforcement agency head means the head of the

enforcement agency whose authorised officer is responsible for

executing a POCA search warrant.

146 Section 4

Insert:

senior police officer has the meaning given by subsection 88(3).

147 Paragraph 81(a)

After "a request", insert "(a proceeds request)".

148 At the end of Subdivision A of Division 14 of Part 4

Add:

81A Authorising applications under the Proceeds of Crime Act

The Attorney-General may authorise, in writing, an authorised

officer of an enforcement agency to make such applications under

the Proceeds of Crime Act as are necessary to respond to the

proceeds request if the Attorney-General is satisfied that the

proceeds request:

Schedule 1 Assistance to international courts and tribunals

Part 8 Proceeds of crime

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(a) relates to an investigation being conducted by the Prosecutor

or a proceeding before the ICC; and

(b) is for assistance that can be obtained from one or more

production orders, monitoring orders or search warrants

under the Proceeds of Crime Act.

Note:

See Subdivision B for proceeds requests that involve the making of a

restraining order.

149 Subsection 82(1)

Omit "request from the ICC referred to in section 81", substitute

"proceeds request".

150 Subsection 82(1)

Omit "to a specified court".

151 Subsection 82(2)

Repeal the subsection.

152 Paragraph 82(5)(a)

Omit "within the jurisdiction of the ICC", substitute "that is the subject

of the proceeds request".

153 Paragraph 82(5)(b)

Repeal the paragraph.

154 Paragraph 82(5)(e)

Omit "20, 29, 44 and 45", substitute "20A, 29, 29A and 44 to 45A".

155 Section 85

Repeal the section.

156 Subsection 86(1)

Repeal the subsection, substitute:

(1) An authorised officer may apply for a production order under the

Proceeds of Crime Act in respect of the crime that is the subject of

the proceeds request, if authorised to do so by the

Attorney-General under section 81A.

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Other Measures) Bill 2016

157 Paragraph 86(3)(a)

Omit "within the jurisdiction of the ICC", substitute "that is the subject

of the proceeds request".

158 Paragraphs 86(3)(b) and (c)

Repeal the paragraphs, substitute:

(b) subparagraphs 202(5)(a)(ii) and (c)(ii), paragraph 202(5)(e)

and subsection 205(1) of that Act were omitted.

159 Subsection 88(1)

Omit "The Attorney-General or a senior Departmental officer",

substitute "A senior police officer".

160 Subsection 88(2)

Omit "Attorney-General or the senior Departmental officer", substitute

"senior police officer".

161 Subsection 88(3)

Repeal the subsection, substitute:

(3) A senior police officer is a person covered by paragraph 213(3)(a),

(b) or (c) of the Proceeds of Crime Act.

162 Subsection 90(2)

Before "employee", insert "officer,".

163 Section 93

Before "A person", insert "(1)".

164 Section 93 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 2 years or 100 penalty units, or both.

165 Section 93 (note)

Repeal the note.

Schedule 1 Assistance to international courts and tribunals

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Other Measures) Bill 2016

No. , 2016

166 At the end of section 93

Add:

(2) Subsection (1) does not apply if:

(a) the person fails to comply with the notice only because the

person does not provide information or a document within

the period specified in the notice; and

(b) the person took all reasonable steps to provide the

information or document within that period; and

practicable after the end of that period.

Note 1:

A defendant bears an evidential burden in relation to the matters in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2:

Sections 137.1 and 137.2 of the Criminal Code also create offences

for providing false or misleading information or documents.

167 Section 94

Repeal the section.

168 Subsection 95(1)

Repeal the subsection, substitute:

(1) An authorised officer may apply for a monitoring order under the

Proceeds of Crime Act in respect of the crime that is the subject of

the proceeds request, if authorised to do so by the

Attorney-General under section 81A.

169 Paragraph 95(3)(a)

Omit "a crime within the jurisdiction of the ICC", substitute "the crime

that is the subject of the proceeds request".

170 Subdivision F of Division 14 of Part 4 (heading)

Repeal the heading, substitute:

Assistance to international courts and tribunals Schedule 1

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Other Measures) Bill 2016

Subdivision F--Search warrants relating to proceeds of crime

and evidential material

171 Section 97

Repeal the section.

172 Subsection 98(1)

Repeal the subsection, substitute:

(1) An authorised officer may apply for a search warrant under the

Proceeds of Crime Act in respect of the crime that is the subject of

the proceeds request, if authorised to do so by the

Attorney-General under section 81A.

173 Subsection 98(2)

Before "search", insert "POCA".

174 Subsection 98(3)

Repeal the subsection, substitute:

(3) It applies as if:

(a) a reference in that Part to tainted property were a reference to

proceeds of the crime that is the subject of the proceeds

request; and

(b) a reference in that Part to evidential material were a reference

to evidential material as defined in section 4 of this Act for

the purposes of this Subdivision; and

Criminal Court Act 2002" were inserted after "this Act" in

paragraph 254(1)(a) of the Proceeds of Crime Act; and

(d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da)

and sections 256 to 262 of the Proceeds of Crime Act were

omitted.

Note:

Sections 99 and 99A of this Act also apply in relation to a POCA

search warrant. Sections 100 to 102 of this Act also apply in relation

to property or things seized under such a warrant.

175 Section 99

Repeal the section, substitute:

Schedule 1 Assistance to international courts and tribunals

Part 8 Proceeds of crime

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

99 Contents of POCA search warrants

A POCA search warrant in relation to a crime within the

jurisdiction of the ICC must state that the warrant authorises the

seizure of property or a thing found by an authorised officer, or a

person assisting in relation to the warrant, in the course of the

search if the authorised officer or person assisting believes on

reasonable grounds that:

(a) the property or thing:

(i) is proceeds of the crime that are not of a kind specified

in the warrant; or

(ii) is evidential material relating to the crime that is not of

a kind specified in the warrant; or

(iii) is proceeds of, or evidential material relating to, another

crime within the jurisdiction of the ICC in relation to

which a POCA search warrant is in force; or

(iv) is relevant to a proceeding in the ICC in respect of the

crime within the jurisdiction of the ICC; or

(v) will afford evidence as to the commission of an offence

against an Australian law; and

(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 98(3)(d), the POCA search warrant must also

state the matters set out in section 227 of the Proceeds of Crime Act.

99A Seizure of certain property or things found in the course of

search

A POCA search warrant in relation to a crime within the

jurisdiction of the ICC authorises an authorised officer, or a person

assisting in relation to the warrant, to seize property or a thing

found by the authorised officer or person assisting in the course of

the search if the authorised officer or person assisting believes on

reasonable grounds that:

(a) the property or thing:

(i) is proceeds of the crime that are not of a kind specified

in the warrant; or

Assistance to international courts and tribunals Schedule 1

Proceeds of crime Part 8

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

(ii) is evidential material relating to the crime that is not of

a kind specified in the warrant; or

(iii) is proceeds of, or evidential material relating to, another

crime within the jurisdiction of the ICC in relation to

which a POCA search warrant is in force; or

(iv) is relevant to a proceeding in the ICC in respect of the

crime within the jurisdiction of the ICC; or

(v) will afford evidence as to the commission of an offence

against an Australian law; and

(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 98(3)(d), the POCA search warrant also

authorises the things set out in section 228 of the Proceeds of Crime

Act.

176 Subsection 100(1)

Omit "(other than a property-tracking document) that has been seized

under a search warrant issued under Part 3-5 of the Proceeds of Crime

Act", substitute "that has been seized under a POCA search warrant".

177 Subsection 100(2)

Before "warrant", insert "POCA search".

178 Subsections 100(3) and (4)

Omit "head of the authorised officer's enforcement agency", substitute

"responsible enforcement agency head".

179 Subsection 100(5)

Repeal the subsection, substitute:

(5) This section does not apply to property that has been seized under a

POCA search warrant because:

(a) it is evidential material; or

(b) it is property of a kind referred to in subparagraph 99A(a)(iv)

or (v).

180 Section 101 (heading)

Repeal the heading, substitute:

Schedule 1 Assistance to international courts and tribunals

Part 8 Proceeds of crime

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Other Measures) Bill 2016

No. , 2016

101 Dealing with certain seized property

181 Subsection 101(1)

Repeal the subsection, substitute:

(1) Property must be dealt with in accordance with this section if:

(a) it has been seized under a POCA search warrant in relation to

a crime within the jurisdiction of the ICC; and

(b) it is not:

(i) evidential material; or

(ii) property of a kind referred to in

subparagraph 99A(a)(iv) or (v).

182 Paragraph 101(2)(a)

After "property has", insert "not".

183 Paragraph 101(2)(b)

Omit "under Subdivision B", substitute "as described in Subdivision

B".

184 Subsection 101(2)

Omit "head of the enforcement agency whose authorised officer seized

the property", substitute "responsible enforcement agency head".

185 Subsection 101(3)

Omit "under Subdivision B in respect of the property in relation to the

crime within the jurisdiction of the ICC, the head of the enforcement

agency whose authorised officer seized the property", substitute "as

described in Subdivision B in respect of the property in relation to the

crime within the jurisdiction of the ICC, the responsible enforcement

agency head".

186 Subsection 101(5)

Omit "head of the enforcement agency whose authorised officer seized

the property, a restraining order has been made under Subdivision B",

substitute "responsible enforcement agency head, a restraining order has

been made as described in Subdivision B".

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Other Measures) Bill 2016

187 Subsection 101(5)

Omit "head of the enforcement agency" (second and third occurring),

substitute "responsible enforcement agency head".

188 Subsection 101(6)

Repeal the subsection, substitute:

(6) If the court is satisfied that the responsible enforcement agency

head requires the property to be retained to give effect to the

proceeds request, the court may make an order that the responsible

enforcement agency head may retain the property for so long as the

property is so required.

189 Subsection 101(7)

Omit "head of the enforcement agency whose authorised officer seized

it", substitute "responsible enforcement agency head".

190 Subsection 101(7)

Omit "head of the enforcement agency" (second occurring), substitute

"responsible enforcement agency head".

191 Section 102

Repeal the section, substitute:

102 Dealing with evidential material and certain property or things

seized under POCA search warrants

(1) This section applies if:

(a) property or a thing (the seized item) is seized under a POCA

search warrant in relation to a crime within the jurisdiction of

the ICC; and

(b) the seized item is:

(i) evidential material; or

(ii) property or a thing of a kind referred to in

subparagraph 99A(a)(iv); and

is:

(i) an authorised officer; or

Schedule 1 Assistance to international courts and tribunals

Part 8 Proceeds of crime

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(ii) a person assisting in relation to the warrant.

(2) The seizing officer may retain the seized item for a period not

exceeding 1 month pending a written direction from the

Attorney-General as to how to deal with the seized item.

(3) Without limiting the directions that may be given under

subsection (2), the Attorney-General may direct the seizing officer

to send the seized item to the ICC.

192 Subsection 153(3)

Repeal the subsection, substitute:

(3) Subject to subsection 154(3), if a copy of an authenticated copy of

an order is faxed, emailed or sent by other electronic means, it is

taken for the purposes of subsection (2) of this section to be the

same as the authenticated copy.

193 Subsection 154(3)

Repeal the subsection, substitute:

(3) A registration effected by a court registering a copy of an

authenticated copy ceases to have effect after 45 days unless the

authenticated copy has been filed by then in that court.

194 Subsection 155(2)

Omit "in a court specified in the notice".

195 Subsection 155(3)

Repeal the subsection.

196 Before subsection 156(1)

Insert:

(1A) An application for the registration of an order in accordance with

an authorisation under subsection 155(2) must be to a court with

proceeds jurisdiction.

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Other Measures) Bill 2016

197 Subsection 156(1)

Omit "applies to a court for registration of an order in accordance with

an authorisation under section 155", substitute "so applies to a court

with proceeds jurisdiction".

198 Subsections 156(5) and (6)

Repeal the subsections, substitute:

(5) A copy sent by fax, email or other electronic means of an

authenticated copy of an order is taken for the purposes of

subsection (4) to be the same as the authenticated copy.

(6) However, a registration effected by a court registering a copy of an

authenticated copy ceases to have effect after 45 days unless the

authenticated copy has been filed by then in that court.

199 Application and transitional provisions

--general

(1)

The amendments made by this Division, to the extent that they do not

relate to search warrants, apply in relation to a proceeds request made

by the ICC to the Attorney-General:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request.

(2)

The amendments so apply:

(a) whether property or a thing to which the proceeds request

relates was acquired before, on or after that commencement;

and

(b) whether conduct or a crime to which the proceeds request

relates occurred before, on or after that commencement.

(3)

However, subsection 93(2) of the International Criminal Court Act

2002, as inserted by this Division, applies in relation to a notice given

on or after the commencement of this item.

200 Application and transitional provisions

--search warrants

(1)

The amendments made by this Division, to the extent that they relate to

search warrants, apply in relation to an authorisation given by the

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Attorney-General under section 81A of the International Criminal

Court Act 2002 on or after the commencement of this item:

(a) whether property or a thing to which the authorisation relates

was acquired before, on or after that commencement; and

(b) whether conduct or a crime to which the authorisation relates

occurred before, on or after that commencement.

(2)

The amendments made by this Division, to the extent that they relate to

search warrants, apply in relation to an application made under Part 3-5

of the Proceeds of Crime Act on or after the commencement of this

item:

(a) whether property or a thing to which the application relates

was acquired before, on or after that commencement; and

(b) whether conduct or a crime to which the application relates

occurred before, on or after that commencement; and

the application was given under the International Criminal

Court Act 2002 before, on or after that commencement.

(3)

The amendments made by this Division, to the extent that they relate to

search warrants, apply in relation to a POCA search warrant issued on

or after the commencement of this item:

(a) whether property or a thing to which the warrant relates was

acquired before, on or after that commencement; and

(b) whether conduct or a crime to which the warrant relates

occurred before, on or after that commencement; and

or after that commencement; and

(d) whether the authorisation by the Attorney-General relating to

the application for the warrant was given under the

International Criminal Court Act 2002 before, on or after

that commencement.

(4)

An authorisation by the Attorney-General referred to in paragraph (2)(c)

or (3)(d) that:

(a) was given, before the commencement of this item, under

subsection 97(1) of the International Criminal Court Act

2002 as in force before that commencement; and

(b) was in force immediately before that commencement;

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continues in force (and may be dealt with) after that commencement as

if it had been given by the Attorney-General under section 81A of that

Act as amended by this Division.

(5)

A direction that:

(a) was made under section 102 of the International Criminal

Court Act 2002 before the commencement of this item; and

(b) was in force immediately before that commencement;

continues in force (and may be dealt with) after that commencement as

if it had been made under that section as amended by this Division.

Division 2

--Amendments relating to Tribunals

International War Crimes Tribunals Act 1995

201 Section 4

Insert:

account has the same meaning as in the Proceeds of Crime Act

2002.

agent has the same meaning as in the Proceeds of Crime Act 2002.

authorised officer has the same meaning as in the Proceeds of

Crime Act 2002.

defendant has the meaning given by section 40AA.

enforcement agency has the same meaning as in the Proceeds of

Crime Act 2002.

202 Section 4 (definition of evidential material)

Repeal the definition, substitute:

evidential material means:

(a) in Subdivision F of Division 6 of Part 4--evidence relating

to:

(i) property in relation to which a forfeiture order has been

or could be made; or

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(ii) property in relation to which a restraining order has

been or could be made for the purposes of

section 40AC; or

(iii) proceeds of a Tribunal offence; or

(b) otherwise--a thing relevant to a Tribunal offence, including

such a thing in electronic form.

203 Section 4

Insert:

financial institution has the same meaning as in the Proceeds of

Crime Act 2002.

interest, in relation to property, has the same meaning as in the

Proceeds of Crime Act 2002.

officer, in relation to a financial institution, has the same meaning

as in the Proceeds of Crime Act 2002.

person assisting has the same meaning as in the Proceeds of Crime

Act 2002.

POCA search warrant means a search warrant issued under

Part 3-5 of the Proceeds of Crime Act 2002 in relation to a

Tribunal offence.

proceeds of a Tribunal offence means proceeds (within the

meaning of the Proceeds of Crime Act 2002) of such an offence.

proceeds jurisdiction has the same meaning as in the Proceeds of

Crime Act 2002.

proceeds request has the meaning given by section 40AA.

related Tribunal offence: a Tribunal offence is related to another

Tribunal offence if the physical elements of the 2 offences are

substantially the same acts or omissions.

responsible enforcement agency head means the head of the

enforcement agency whose authorised officer is responsible for

executing a POCA search warrant.

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restraining order means a restraining order under section 17 of the

Proceeds of Crime Act 2002.

senior police officer has the meaning given by

subsection 40AH(3).

204 At the end of Part 4

Add:

Division 6--Identification, tracing, and freezing or seizure,

of proceeds of Tribunal offences

Subdivision A--Preliminary

40AA Application of Division

This Division applies if:

(a) a Tribunal makes a request (a proceeds request) to the

Attorney-General for the identification, tracing, and freezing

or seizure, of the proceeds of a Tribunal offence; and

(b) the Attorney-General is satisfied that a person (the

defendant):

(i) has been, or is about to be, charged with the Tribunal

offence before the Tribunal; or

(ii) has been convicted by the Tribunal of the Tribunal

offence.

40AB Authorising applications under the Proceeds of Crime Act

2002

The Attorney-General may authorise, in writing, an authorised

officer of an enforcement agency to make such applications under

the Proceeds of Crime Act 2002 as are necessary to respond to the

proceeds request if the Attorney-General is satisfied that the

proceeds request:

(a) relates to a proceeding before, or an investigation conducted

by, the Tribunal; and

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(b) is for assistance that can be obtained from one or more

production orders, monitoring orders or search warrants

under the Proceeds of Crime Act 2002.

Note:

See Subdivision B for proceeds requests that involve the making of a

restraining order.

Subdivision B--Restraining orders

40AC Applying for and making restraining orders

(1) If the proceeds request involves the making of a restraining order,

the Attorney-General may authorise a proceeds of crime authority

to apply for a restraining order against the property concerned.

(2) If so authorised, a proceeds of crime authority may apply for such

a restraining order against that property in respect of the Tribunal

offence.

(3) Part 2-1 of the Proceeds of Crime Act 2002 applies to the

application, and to any restraining order made as a result.

(4) That Part applies as if:

(a) references in that Part to an indictable offence were

references to the Tribunal offence that is the subject of the

proceeds request; and

(b) references in that Part to a person charged with an indictable

offence were references to a person against whom a criminal

proceeding in respect of a Tribunal offence has commenced

in the Tribunal; and

with an indictable offence were references to it being

reasonably suspected that criminal proceedings are about to

commence against the person in the Tribunal in respect of a

Tribunal offence; and

(d) paragraphs 17(1)(e) and (f), subsections 17(3) and (4) and

sections 18 to 20A, 29, 29A and 44 to 45A of that Act were

omitted.

40AD Excluding property from restraining orders

If:

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(a) a court makes a restraining order under Part 2-1 of the

Proceeds of Crime Act 2002 against property in respect of the

Tribunal offence; and

(b) a person having an interest in the property applies to the court

under Division 3 of Part 2-1 of that Act for an order varying

the restraining order to exclude the person's interest from the

restraining order;

the court must grant the application if the court is satisfied that:

(i) the applicant was not, in any way, involved in the

commission of the Tribunal offence; and

(ii) if the applicant acquired the interest at the time of or

after the commission, or alleged commission, of the

Tribunal offence--the property was not proceeds of the

Tribunal offence; or

(d) in any case--it is in the public interest to do so having regard

to any financial hardship or other consequence of the interest

remaining subject to the order.

40AE When restraining order ceases to be in force

(1) If, at the end of the period of 1 month after the making of a

restraining order in reliance on the proposed charging of a person

with a Tribunal offence, the person has not been charged with the

Tribunal offence or a related Tribunal offence, the order ceases to

be in force at the end of that period.

(2) If:

(a) a restraining order is made in reliance on a person's

conviction of a Tribunal offence or the charging of a person

with such an offence; or

(b) a restraining order is made in reliance on the proposed

charging of a person with a Tribunal offence and the person

is, within 1 month after the making of the order, charged with

the Tribunal offence or a related Tribunal offence;

the following provisions have effect:

a related Tribunal offence within 28 days after the day the

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charge is withdrawn, the restraining order ceases to be in

force at the end of that period;

(d) if the person is acquitted of the charge and the person is not

charged with a related Tribunal offence within 28 days after

the day the acquittal occurs, the restraining order ceases to be

in force at the end of that period;

(e) if some or all of the property subject to the restraining order

is forfeited under Part 6, the restraining order, to the extent to

which it relates to that property, ceases to be in force when

that property is forfeited;

(f) the restraining order ceases to be in force if and when it is

revoked.

Subdivision C--Production orders relating to Tribunal offences

40AF Applying for and making production orders

(1) An authorised officer may apply for a production order under the

Proceeds of Crime Act 2002 in respect of the Tribunal offence that

is the subject of the proceeds request, if authorised to do so by the

Attorney-General under section 40AB.

(2) Part 3-2 of the Proceeds of Crime Act 2002 applies to the

application, and to any production order made as a result.

(3) That Part applies as if:

(a) references in that Part to an indictable offence or to a serious

offence were references to the Tribunal offence that is the

subject of the proceeds request; and

(b) subparagraphs 202(5)(a)(ii) and (c)(ii), paragraph 202(5)(e)

and subsection 205(1) of that Act were omitted.

40AG Retaining produced documents

(1) An authorised officer who takes possession of a document under a

production order made in respect of a Tribunal offence may retain

the document pending a written direction from the

Attorney-General as to how to deal with the document.

(2) Directions from the Attorney-General may include a direction that

the document be sent to the Tribunal.

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Subdivision D--Notices to financial institutions

40AH Giving notices to financial institutions

(1) A senior police officer may give a written notice to a financial

institution requiring the institution to provide to an authorised

officer any information or documents relevant to any one or more

of the following:

(a) determining whether an account is held by a specified person

with the financial institution;

(b) determining whether a particular person is a signatory to an

account;

balance of the account;

(d) details of transactions on such an account over a specified

period of up to 6 months;

(e) details of any related accounts (including names of those who

hold those accounts);

(f) a transaction conducted by the financial institution on behalf

of a specified person.

(2) The senior police officer must not issue the notice unless he or she

reasonably believes that giving the notice is required:

(a) to determine whether to take any action under this Division,

or under the Proceeds of Crime Act 2002 in connection with

the operation of this Division; or

(b) in relation to proceedings under this Division, or under the

Proceeds of Crime Act 2002 in connection with the operation

of this Division.

(3) A senior police officer is a person covered by paragraph 213(3)(a),

(b) or (c) of the Proceeds of Crime Act 2002.

40AI Contents of notices to financial institutions

The notice must:

(a) state that the officer giving the notice believes that the notice

is required:

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(i) to determine whether to take any action under this

Division, or under the Proceeds of Crime Act 2002 in

connection with the operation of this Division; or

(ii) in relation to proceedings under this Division, or under

the Proceeds of Crime Act 2002 in connection with the

operation of this Division;

(as the case requires); and

(b) specify the name of the financial institution; and

provided; and

(d) specify the form and manner in which that information or

those documents are to be provided; and

(e) state that the information or documents must be provided

within 14 days after the day the notice is received; and

(f) if the notice specifies that information about the notice must

not be disclosed--set out the effect of section 40AL

(disclosing existence or nature of a notice); and

(g) set out the effect of section 40AM (failing to comply with a

notice).

40AJ Protection from suits etc. for those complying with notices

(1) No action, suit or proceeding lies against:

(a) a financial institution; or

(b) an officer, employee or agent of the institution acting in the

course of that person's employment or agency;

in relation to any action taken by the institution or person under a

notice under section 40AH or in the mistaken belief that action was

required under the notice.

(2) A financial institution which, or an officer, employee or agent of a

financial institution who, provides information under a notice

under section 40AH is taken, for the purposes of Part 10.2 of the

Criminal Code (offences relating to money laundering), not to have

been in possession of that information at any time.

40AK Making false statements in applications

A person commits an offence if:

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(a) the person makes a statement (whether orally, in a document

or in any other way); and

(b) the statement:

(i) is false or misleading; or

(ii) omits any matter or thing without which the statement is

misleading; and

under section 40AH.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

40AL Disclosing existence or nature of notice

A person commits an offence if:

(a) the person is given a notice under section 40AH; and

(b) the notice states that information about the notice must not be

disclosed; and

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

40AM Failing to comply with a notice

(1) A person commits an offence if:

(a) the person is given a notice under section 40AH; and

(b) the person fails to comply with the notice.

Penalty: Imprisonment for 2 years or 100 penalty units, or both.

(2) Subsection (1) does not apply if:

(a) the person fails to comply with the notice only because the

person does not provide information or a document within

the period specified in the notice; and

(b) the person took all reasonable steps to provide the

information or document within that period; and

practicable after the end of that period.

Note 1:

A defendant bears an evidential burden in relation to the matters in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

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Note 2:

Sections 137.1 and 137.2 of the Criminal Code also create offences

for providing false or misleading information or documents.

Subdivision E--Monitoring orders relating to Tribunal

offences

40AN Applying for and making monitoring orders

(1) An authorised officer may apply for a monitoring order under the

Proceeds of Crime Act 2002 in respect of the Tribunal offence that

is the subject of the proceeds request, if authorised to do so by the

Attorney-General under section 40AB.

(2) Part 3-4 of the Proceeds of Crime Act 2002 applies to the

application, and to any monitoring order made as a result.

(3) That Part applies as if:

(a) references in that Part to a serious offence were references to

the Tribunal offence that is the subject of the proceeds

request; and

(b) disclosing the existence or the operation of the order for the

purpose of complying with a person's obligations under

section 40AO of this Act were a purpose specified in

subsection 223(4) of the Proceeds of Crime Act 2002.

40AO Passing on information given under monitoring orders

If an enforcement agency is given information under a monitoring

order made in relation to the Tribunal offence, the enforcement

agency must, as soon as practicable after receiving the information,

pass the information on to:

(a) the Attorney-General; or

(b) an APS employee who is in the Department and who is

specified by the Attorney-General by written notice to the

enforcement agency.

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Subdivision F--Search warrants relating to proceeds of crime

and evidential material

40AP Applying for and issuing search warrants

(1) An authorised officer may apply for a search warrant under the

Proceeds of Crime Act 2002 in respect of the Tribunal offence that

is the subject of the proceeds request, if authorised to do so by the

Attorney-General under section 40AB.

(2) Part 3-5 of the Proceeds of Crime Act 2002 applies to the

application, and to any POCA search warrant issued as a result.

(3) That Part applies as if:

(a) a reference in that Part to tainted property were a reference to

proceeds of the Tribunal offence that is the subject of the

proceeds request; and

(b) a reference in that Part to evidential material were a reference

to evidential material as defined in section 4 of this Act for

the purposes of this Subdivision; and

International War Crimes Tribunals Act 1995" were inserted

after "this Act" in paragraph 254(1)(a) of the Proceeds of

Crime Act 2002; and

(d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da)

and sections 256 to 262 of the Proceeds of Crime Act 2002

were omitted.

Note:

Sections 40AQ and 40AR of this Act also apply in relation to a POCA

search warrant. Sections 40AS to 40AU of this Act also apply in

relation to property or things seized under such a warrant.

40AQ Contents of POCA search warrants

A POCA search warrant in relation to a Tribunal offence must state

that the warrant authorises the seizure of property or a thing found

by an authorised officer, or a person assisting in relation to the

warrant, in the course of the search if the authorised officer or

person assisting believes on reasonable grounds that:

(a) the property or thing:

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(i) is proceeds of the Tribunal offence that are not of a kind

specified in the warrant; or

(ii) is evidential material relating to the Tribunal offence

that is not of a kind specified in the warrant; or

(iii) is proceeds of, or evidential material relating to, another

Tribunal offence in relation to which a POCA search

warrant is in force; or

(iv) is relevant to a proceeding in the Tribunal in respect of

the Tribunal offence; or

(v) will afford evidence as to the commission of an offence

against an Australian law; and

(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 40AP(3)(d), the POCA search warrant must also

state the matters set out in section 227 of the Proceeds of Crime Act

2002.

40AR Seizure of certain property or things found in the course of

search

A POCA search warrant in relation to a Tribunal offence authorises

an authorised officer, or a person assisting in relation to the

warrant, to seize property or a thing found by the authorised officer

or person assisting in the course of the search if the authorised

officer or person assisting believes on reasonable grounds that:

(a) the property or thing:

(i) is proceeds of the Tribunal offence that are not of a kind

specified in the warrant; or

(ii) is evidential material relating to the Tribunal offence

that is not of a kind specified in the warrant; or

(iii) is proceeds of, or evidential material relating to, another

Tribunal offence in relation to which a POCA search

warrant is in force; or

(iv) is relevant to a proceeding in the Tribunal in respect of

the Tribunal offence; or

(v) will afford evidence as to the commission of an offence

against an Australian law; and

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(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 40AP(3)(d), the POCA search warrant also

authorises the things set out in section 228 of the Proceeds of Crime

Act 2002.

40AS Return of seized property to third parties

(1) A person who claims an interest in property that has been seized

under a POCA search warrant in relation to a Tribunal offence may

apply to a court for an order that the property be returned to the

person.

(2) The court must be a court of the State or Territory in which the

POCA search warrant was issued that has proceeds jurisdiction.

(3) The court must order the responsible enforcement agency head to

return the property to the applicant if the court is satisfied that:

(a) the applicant is entitled to possession of the property; and

(b) the property is not proceeds of the relevant Tribunal offence;

and

relevant Tribunal offence has no interest in the property.

(4) If the court makes such an order, the responsible enforcement

agency head must arrange for the property to be returned to the

applicant.

(5) This section does not apply to property that has been seized under a

POCA search warrant because:

(a) it is evidential material; or

(b) it is property of a kind referred to in

subparagraph 40AR(a)(iv) or (v).

40AT Dealing with certain seized property

(1) Property must be dealt with in accordance with this section if:

(a) it has been seized under a POCA search warrant in relation to

a Tribunal offence; and

(b) it is not:

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(i) evidential material; or

(ii) property of a kind referred to in

subparagraph 40AR(a)(iv) or (v).

General rule--property to be returned after 30 days

(2) If, at the end of the period of 30 days after the day the property was

seized:

(a) a forfeiture order in relation to the property has not been

registered in a court under Part 6; and

(b) a restraining order has not been made as described in

Subdivision B in respect of the property in relation to the

Tribunal offence;

the responsible enforcement agency head must, unless

subsection (3), (5) or (7) applies, arrange for the property to be

returned to the person from whose possession it was seized as soon

as practicable after the end of that period.

Effect of restraining orders being registered or obtained

(3) If, before the end of that period, a restraining order is made as

described in Subdivision B in respect of the property in relation to

the Tribunal offence, the responsible enforcement agency head:

(a) if there is in force, at the end of that period, a direction by a

court that the Official Trustee take custody and control of the

property--must arrange for the property to be given to the

Official Trustee in accordance with the direction; or

(b) if there is in force at the end of that period an order under

subsection (6) in relation to the property--must arrange for

the property to be retained until it is dealt with in accordance

with another provision of this Act or the Proceeds of Crime

Act 2002.

(4) If the property is subject to a direction of a kind referred to in

paragraph (3)(a), the Proceeds of Crime Act 2002 applies to the

property as if it were controlled property within the meaning of

that Act.

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Retaining property despite restraining orders

(5) If, at a time when the property is in the possession of the

responsible enforcement agency head, a restraining order has been

made as described in Subdivision B in respect of the property in

relation to the Tribunal offence, the responsible enforcement

agency head may apply:

(a) to the court in which the restraining order was registered; or

(b) to the court by which the restraining order was made;

for an order that the responsible enforcement agency head retain

possession of the property.

(6) If the court is satisfied that the responsible enforcement agency

head requires the property to be retained to give effect to the

proceeds request, the court may make an order that the responsible

enforcement agency head may retain the property for so long as the

property is so required.

Effect of forfeiture orders by the Tribunal being registered or

obtained

(7) If, while the property is in the possession of the responsible

enforcement agency head, a forfeiture order in respect of the

property is registered in a court under Part 6, the responsible

enforcement agency head must deal with the property as required

by the forfeiture order.

40AU Dealing with evidential material and certain property or

things seized under POCA search warrants

(1) This section applies if:

(a) property or a thing (the seized item) is seized under a POCA

search warrant in relation to a Tribunal offence; and

(b) the seized item is:

(i) evidential material; or

(ii) property or a thing of a kind referred to in

subparagraph 40AR(a)(iv); and

is:

(i) an authorised officer; or

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(ii) a person assisting in relation to the warrant.

(2) The seizing officer may retain the seized item for a period not

exceeding 1 month pending a written direction from the

Attorney-General as to how to deal with the seized item.

(3) Without limiting the directions that may be given under

subsection (2), the Attorney-General may direct the seizing officer

to send the seized item to the Tribunal.

205 Subsection 44(1)

Omit "in a specified court".

206 Subsection 44(2)

Repeal the subsection.

207 Before subsection 45(1)

Insert:

(1AA) An application for the registration of an order in accordance with

an authorisation under subsection 44(1) must be to a court with

proceeds jurisdiction.

208 Subsection 45(1)

Omit "applies to a court for registration of an order in accordance with

an authorisation under this Part", substitute "so applies to a court with

proceeds jurisdiction".

209 Subsection 45(3)

Repeal the subsection, substitute:

(3) Subject to subsection 46(2), if a copy of a sealed copy of an order

is faxed, emailed or sent by other electronic means, it is taken for

the purposes of subsection (2) of this section to be the same as the

sealed copy.

210 Subsection 46(2)

Repeal the subsection, substitute:

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(2) A registration effected by a court registering a copy of a sealed

copy ceases to have effect after 45 days unless the sealed copy has

been filed by then in that court.

211 Paragraph 46A(1)(a)

Omit "(within the meaning of the Proceeds of Crime Act 2002)".

212 Application of amendments

(1)

The amendments made by this Division apply in relation to a proceeds

request made by a Tribunal to the Attorney-General:

(a) on or after the commencement of this item; or

(b) before the commencement of this item, if, immediately

before that commencement, the Attorney-General had yet to

make a decision on the request.

(2)

The amendments so apply:

(a) whether property or a thing to which the proceeds request

relates was acquired before, on or after that commencement;

and

(b) whether conduct or an offence to which the proceeds request

relates occurred before, on or after that commencement.

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Other Measures) Bill 2016

No. , 2016

Part 9--Obligations of carriage service providers etc.

to provide assistance, and recovery of costs

for providing assistance

Telecommunications Act 1997

213 After paragraph 313(3)(ca)

Insert:

(cb) assisting the investigation and prosecution of:

(i) crimes within the jurisdiction of the ICC (within the

meaning of the International Criminal Court Act 2002);

and

(ii) Tribunal offences (within the meaning of the

International War Crimes Tribunals Act 1995);

214 After paragraph 313(4)(ca)

Insert:

(cb) assisting the investigation and prosecution of:

(i) crimes within the jurisdiction of the ICC (within the

meaning of the International Criminal Court Act 2002);

and

(ii) Tribunal offences (within the meaning of the

International War Crimes Tribunals Act 1995);

215 Application of amendments

The amendments made by this Part apply in relation to giving help on

or after the commencement of this item, whether conduct, a crime or an

offence to which the help relates occurred before, on or after that

commencement.

Amendments relating to mutual assistance in criminal matters Schedule 2

Search warrants Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Schedule 2--Amendments relating to mutual

assistance in criminal matters

Part 1--Search warrants

Mutual Assistance in Criminal Matters Act 1987

1 Subsection 3(1)

Insert:

benefit has the same meaning as in the Proceeds of Crime Act.

2 Subsection 3(1) (definition of evidential material)

Repeal the definition, substitute:

evidential material means:

(a) in Subdivision F of Division 2 of Part VI--evidence relating

to:

(i) property in relation to which a foreign forfeiture order

or foreign restraining order has been or could be made;

(ii) property of a person in relation to whom a foreign

pecuniary penalty order has been or could be made; or

(iii) tainted property; or

(iv) benefits derived from the commission of a foreign

serious offence; or

(b) otherwise--a thing relevant to a proceeding or investigation,

including such a thing in electronic form.

3 Subsection 3(1)

Insert:

person assisting has the same meaning as in the Proceeds of Crime

Act.

POCA search warrant means a search warrant issued under

Part 3-5 of the Proceeds of Crime Act in relation to a foreign

serious offence.

Schedule 2 Amendments relating to mutual assistance in criminal matters

Part 1 Search warrants

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

4 Subsection 3(1) (definition of property-tracking document)

Repeal the definition.

5 Subsection 3(1)

Insert:

responsible enforcement agency head means the head of the

enforcement agency whose authorised officer is responsible for

executing a POCA search warrant.

tainted property means:

(a) proceeds of a foreign serious offence; or

(b) an instrument of a foreign serious offence.

6 Subsection 34ZB(2)

Before "search", insert "POCA".

7 Subsection 34ZB(3)

Repeal the subsection, substitute:

(3) However, Part 3-5 of the Proceeds of Crime Act applies as if:

(a) a reference in that Part to tainted property were a reference to

tainted property within the meaning of this Act; and

(b) a reference in that Part to evidential material were a reference

to evidential material as defined in subsection 3(1) of this Act

for the purposes of this Subdivision; and

Assistance Act" were inserted after "this Act" in

paragraph 254(1)(a) of the Proceeds of Crime Act; and

(d) paragraphs 227(1)(a), (b), (h) and (ha) and 228(1)(d) and (da)

and sections 256 to 262 of the Proceeds of Crime Act were

omitted.

Note:

Sections 34ZC and 34ZCA of this Act also apply in relation to a

POCA search warrant. Sections 34ZD to 34ZF of this Act also apply

in relation to property or things seized under such a warrant.

8 Section 34ZC

Repeal the section, substitute:

Amendments relating to mutual assistance in criminal matters Schedule 2

Search warrants Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

34ZC Contents of POCA search warrants

A POCA search warrant in relation to a foreign serious offence

must state that the warrant authorises the seizure of property or a

thing found by an authorised officer, or a person assisting in

relation to the warrant, in the course of the search if the authorised

officer or person assisting believes on reasonable grounds that:

(a) the property or thing:

(i) is tainted property of the foreign serious offence that is

not of a kind specified in the warrant; or

(ii) is evidential material relating to the foreign serious

offence that is not of a kind specified in the warrant; or

(iii) is tainted property of, or evidential material relating to,

another foreign serious offence in relation to which a

POCA search warrant is in force; or

(iv) is relevant to a criminal proceeding in respect of the

foreign serious offence in the foreign country that

requested the assistance referred to in section 34ZG in

relation to that offence; or

(v) will afford evidence as to the commission of an

Australian criminal offence; and

(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 34ZB(3)(d), the POCA search warrant must also

state the matters set out in section 227 of the Proceeds of Crimes Act.

34ZCA Seizure of certain property or things found in the course of

search

A POCA search warrant in relation to a foreign serious offence

authorises an authorised officer, or a person assisting in relation to

the warrant, to seize property or a thing found by the authorised

officer or person assisting in the course of the search if the

authorised officer or person assisting believes on reasonable

grounds that:

(a) the property or thing:

(i) is tainted property of the foreign serious offence that is

not of a kind specified in the warrant; or

Schedule 2 Amendments relating to mutual assistance in criminal matters

Part 1 Search warrants

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(ii) is evidential material relating to the foreign serious

offence that is not of a kind specified in the warrant; or

(iii) is tainted property of, or evidential material relating to,

another foreign serious offence in relation to which a

POCA search warrant is in force; or

(iv) is relevant to a criminal proceeding in respect of the

foreign serious offence in the foreign country that

requested the assistance referred to in section 34ZG in

relation to that offence; or

(v) will afford evidence as to the commission of an

Australian criminal offence; and

(b) the seizure of the property or thing is necessary to prevent its

concealment, loss or destruction or its use in committing an

offence.

Note:

Subject to paragraph 34ZB(3)(d), the POCA search warrant also

authorises the things set out in section 228 of the Proceeds of Crimes

Act.

9 Subsection 34ZD(1)

Omit "(other than a property-tracking document) that has been seized

under a search warrant issued under Part 3-5 of the Proceeds of Crime

Act", substitute "that has been seized under a POCA search warrant".

10 Subsection 34ZD(2)

Before "warrant", insert "POCA search".

11 Subsection 34ZD(3)

Omit "head of the authorised officer's enforcement agency", substitute

"responsible enforcement agency head".

12 Paragraph 34ZD(3)(b)

Omit "proceeds or an instrument", substitute "tainted property".

13 Subsection 34ZD(4)

Omit "head of the authorised officer's enforcement agency", substitute

"responsible enforcement agency head".

Amendments relating to mutual assistance in criminal matters Schedule 2

Search warrants Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

14 Subsection 34ZD(5)

Repeal the subsection, substitute:

(5) This section does not apply to property that has been seized under a

POCA search warrant because:

(a) it is evidential material; or

(b) it is property of a kind referred to in

subparagraph 34ZCA(a)(iv) or (v).

15 Section 34ZE (heading)

Repeal the heading, substitute:

34ZE Dealing with certain seized property

16 Subsection 34ZE(1)

Repeal the subsection, substitute:

(1) Property must be dealt with in accordance with this section if:

(a) it has been seized under a POCA search warrant in relation to

a foreign serious offence; and

(b) it is not:

(i) evidential material; or

(ii) property of a kind referred to in

subparagraph 34ZCA(a)(iv) or (v).

17 Subsections 34ZE(2), (3) and (5)

Omit "head of the enforcement agency whose authorised officer seized

the property", substitute "responsible enforcement agency head".

18 Subsection 34ZE(5)

Omit "head of the enforcement agency" (second and third occurring),

substitute "responsible enforcement agency head".

19 Subsection 34ZE(6)

Omit "head of the enforcement agency" (wherever occurring),

substitute "responsible enforcement agency head".

Schedule 2 Amendments relating to mutual assistance in criminal matters

Part 1 Search warrants

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

20 Subsection 34ZE(7)

Omit "head of the enforcement agency whose authorised officer seized

it", substitute "responsible enforcement agency head".

21 Subsection 34ZE(7)

Omit "head of the enforcement agency must", substitute "responsible

enforcement agency head must".

22 Section 34ZF

Repeal the section, substitute:

34ZF Dealing with evidential material and certain property or

things seized under POCA search warrants

(1) This section applies if:

(a) property or a thing (the seized item) is seized under a POCA

search warrant in relation to a foreign serious offence; and

(b) the seized item is:

(i) evidential material; or

(ii) property or a thing of a kind referred to in

subparagraph 34ZCA(a)(iv); and

is:

(i) an authorised officer; or

(ii) a person assisting in relation to the warrant.

(2) The seizing officer may retain the seized item for a period not

exceeding 1 month pending a written direction from the

Attorney-General as to how to deal with the seized item.

(3) Without limiting the directions that may be given under

subsection (2), the Attorney-General may direct the seizing officer

to send the seized item to an authority of the foreign country that

requested the assistance referred to in section 34ZG in relation to

the foreign serious offence.

Amendments relating to mutual assistance in criminal matters Schedule 2

Search warrants Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

23 Application provisions

(1)

The amendments of the Mutual Assistance in Criminal Matters Act

1987 (the MACM Act) made by this Part apply in relation to an

application made under Part 3-5 of the Proceeds of Crime Act on or

after the commencement of this item:

(a) whether property or a thing to which the application relates

was acquired before, on or after that commencement; and

(b) whether the conduct to which the application relates occurred

before, on or after that commencement; and

given under section 34ZG of the MACM Act before, on or

after that commencement.

(2)

The amendments of the Mutual Assistance in Criminal Matters Act

1987 (the MACM Act) made by this Part apply in relation to a POCA

search warrant issued on or after the commencement of this item:

(a) whether property or a thing to which the warrant relates was

acquired before, on or after that commencement; and

(b) whether the conduct to which the warrant relates occurred

before, on or after that commencement; and

or after that commencement; and

(d) whether the authorisation relating to the application for the

warrant was given under section 34ZG of the MACM Act

before, on or after that commencement.

Schedule 2 Amendments relating to mutual assistance in criminal matters

Part 2 Production of documents or other articles

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 2--Production of documents or other articles

Mutual Assistance in Criminal Matters Act 1987

24 Paragraph 13(2)(b)

Omit "the Magistrate or Judge shall", substitute "a Magistrate or

eligible Federal Circuit Court Judge must".

25 Paragraph 13(2)(b)

Omit "by the Magistrate", substitute "by that Magistrate".

26 Subsection 13(2D)

Omit "the Magistrate or Judge must", substitute "a Magistrate or

eligible Federal Circuit Court Judge must".

27 Subsection 13(2D)

Omit "by the Magistrate", substitute "by that Magistrate".

28 Application provision

The amendments of the Mutual Assistance in Criminal Matters Act

1987 made by this Part apply in relation to the following:

(a) a requirement to produce documents or other articles that is

made on or after the commencement of this item;

(b) a requirement to produce documents or other articles that is

made before the commencement of this item if:

(i) the documents or other articles had not been produced

immediately before the commencement of this item; or

(ii) the documents or other articles were produced before

the commencement of this item but, immediately before

that commencement, the documents (or copies of the

documents) or other articles had not been sent to the

Attorney-General as required by paragraph 13(2)(b) or

subsection 13(2D) of that Act.

Amendments relating to mutual assistance in criminal matters Schedule 2

Other amendments Part 3

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

Part 3--Other amendments

Mutual Assistance in Criminal Matters Act 1987

29 Subsection 3(1) (definition of carrier)

Repeal the definition, substitute:

carrier has the same meaning as in the Telecommunications

(Interception and Access) Act 1979 (other than Part 5-4 or 5-4A of

that Act).

30 Subsection 3(1) (paragraph (a) of the definition of foreign

forfeiture order)

After "foreign country", insert "by a court or other judicial authority".

31 Subsection 3(1) (paragraph (b) of the definition of foreign

forfeiture order)

Omit "made under the law of a foreign country", substitute "direction,

notice, decree or other decision (however described), made under the

law of a foreign country by a court or other judicial authority".

32 Subsection 3(1) (definition of foreign pecuniary penalty

order)

After "foreign country", insert "by a court or other judicial authority".

33 Subsection 3(1) (paragraph (a) of the definition of foreign

restraining order)

After "foreign country", insert "(whether or not by a court)".

34 After subsection 3(1)

Insert:

(1AA) A reference to an order in the definitions of foreign forfeiture

order, foreign pecuniary penalty order and foreign restraining

order in subsection (1) includes a reference to a declaration,

direction, notice, decree or other decision (however described).

Schedule 2 Amendments relating to mutual assistance in criminal matters

Part 3 Other amendments

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

35 Paragraph 34P(3)(c)

Omit "and (iii) and (c)(ii) and (iii)", substitute "and (c)(ii)".

36 Section 34W

Before "A person", insert "(1)".

37 Section 34W (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 2 years or 100 penalty units, or both.

38 Section 34W (note)

Repeal the note.

39 At the end of section 34W

Add:

(2) Subsection (1) does not apply if:

(a) the person fails to comply with the notice only because the

person does not provide information or a document within

the period specified in the notice; and

(b) the person took all reasonable steps to provide the

information or document within that period; and

practicable after the end of that period.

Note 1:

A defendant bears an evidential burden in relation to the matters in

subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2:

Sections 137.1 and 137.2 of the Criminal Code also create offences

for providing false or misleading information or documents.

40 Application provisions

(1)

The amendments of the Mutual Assistance in Criminal Matters Act

1987 made by items 30 to 34 of this Part apply in relation to a foreign

forfeiture order, foreign pecuniary penalty order or foreign restraining

order made before, on or after the commencement of this item.

Schedule 3 Amendment of the Extradition Act 1988

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Schedule 3--Amendment of the Extradition

Act 1988

Extradition Act 1988

1 After subsection 26(2)

Insert:

(2A) If a person is brought before a magistrate, eligible Federal Circuit

Court Judge or court as referred to in paragraph (1)(ca), the

magistrate, Judge or court must order:

(a) the discharge of the recognisances on which bail was granted;

and

(b) that the person be committed to prison to await surrender

under the warrant.

2 At the end of section 35

Add:

(7) If:

(a) the Federal Court makes an order under subsection (2) that

the person be surrendered to New Zealand or confirming an

order under paragraph 34(1)(c); or

(b) on appeal, the Full Court or the High Court makes an order

that the person be surrendered to New Zealand or confirming

such an order;

the Federal Court, the Full Court or the High Court (as the case

may be) must order that the person be committed to prison pending

the execution of the surrender warrant.

3 Application of amendments

(1) The amendment of section 26 of the Extradition Act 1988 made by

this Schedule applies in relation to surrender warrants issued after

the commencement of this item.

(2) The amendment of section 35 of the Extradition Act 1988 made by

this Schedule applies in relation to an order referred to in

Schedule 4 Amendments relating to foreign evidence

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Schedule 4--Amendments relating to foreign

evidence

Foreign Evidence Act 1994

1 Paragraphs 20(2)(a) and (b)

Omit "that State", substitute "a State".

2 At the end of subsection 20(2)

Add:

; or (d) a proceeding under a law of a Territory (other than the

Australian Capital Territory or the Northern Territory) that is

prescribed by the regulations as a law that corresponds to a

proceeds of crime law.

3 Section 26

Repeal the section, substitute:

26 Evidentiary certificates relating to requests made to foreign

countries

(1) The Attorney-General may issue a written certificate signed by the

Attorney-General certifying that specified documents or things

were obtained as a result of a request made to a foreign country by

or on behalf of the Attorney-General.

(2) In any proceeding to which this Part applies, a certificate under

subsection (1) is prima facie evidence of the matters stated in the

certificate.

4 After section 27A

Insert:

27AA Evidentiary certificates relating to requests made to foreign

countries

(1) The Attorney-General may issue a written certificate signed by the

Attorney-General certifying that specified documents or things

Amendments relating to foreign evidence Schedule 4

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

were obtained as a result of a request made to a foreign country by

or on behalf of the Attorney-General.

(2) In any terrorism-related proceeding, a certificate under

subsection (1) is prima facie evidence of the matters stated in the

certificate.

5 Section 35

Repeal the section, substitute:

35 Evidentiary certificates relating to requests made to foreign

business authorities

(1) The Chairperson of ASIC may issue a written certificate signed by

the Chairperson of ASIC certifying that specified documents or

things were obtained as a result of a request made to a foreign

business authority by ASIC.

(2) The Deputy Chairperson of ASIC may issue a written certificate

signed by the Deputy Chairperson of ASIC certifying that specified

documents or things were obtained as a result of a request made to

a foreign business authority by ASIC.

(3) In any proceeding to which this Part applies, a certificate under

subsection (1) or (2) is prima facie evidence of the matters stated in

the certificate.

6 Application provision

The amendments of the Foreign Evidence Act 1994 made by items 1

and 2 of this Schedule apply in relation to a proceeding that commences

before, on or after the commencement of this item.

Schedule 5 Protecting vulnerable persons

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Schedule 5--Protecting vulnerable persons

Crimes Act 1914

1 Section 15YR (heading)

Repeal the heading, substitute:

15YR Publication identifying child witnesses, child complainants or

vulnerable adult complainants

2 Subparagraph 15YR(1)(c)(i)

After "child witness", insert ", child complainant".

3 At the end of paragraph 15YR(1A)(a)

Add "or child complainant".

4 Application of amendments

The amendments of the Crimes Act 1914 made by this Schedule apply

in relation to proceedings instituted after the commencement of this

item (whether the proceedings are for offences committed, or alleged to

have been committed, before or after the commencement of this item).

Crimes Legislation Amendment (Law Enforcement Integrity,

Vulnerable Witness Protection and Other

Measures) Act 2013

5 Item 93 of Schedule 2

Before "The", insert "(1)".

6 At the end of item 93 of Schedule 2

Add:

(2)

The amendments made by Part 1 of this Schedule also apply in relation

to proceedings instituted after the commencement of Schedule 5 to the

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Act 2016 (whether the proceedings are for offences

Schedule 6 Slavery-like offences and relevant evidence

Part 1 Slavery-like offences

100

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Schedule 6--Slavery-like offences and

relevant evidence

Part 1--Slavery-like offences

Crimes Act 1914

1 Paragraph 15Y(1)(c)

Omit "slavery-like conditions", substitute "slavery-like offences".

2 Paragraph 15Y(1)(caa)

Omit "and debt bondage".

3 Paragraph 15Y(2)(a)

Omit "slavery-like conditions", substitute "slavery-like offences".

4 Paragraph 15Y(2)(b)

Omit "and debt bondage".

Criminal Code Act 1995

5 Division 270 of the Criminal Code (heading)

Repeal the heading, substitute:

Division 270--Slavery and slavery-like offences

6 Section 270.1A of the Criminal Code

Insert:

debt bondage is the condition of a person (the first person) if:

(a) the condition arises from a pledge:

(i) by the first person of the personal services of the first

person; or

(ii) by another person of the personal services of the first

person, and the first person is under the other person's

control; or

Slavery-like offences and relevant evidence Schedule 6

Slavery-like offences Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

101

(iii) by the first person of the personal services of another

person who is under the first person's control; and

(b) the pledge is made as security for a debt owed, or claimed to

be owed, (including any debt incurred, or claimed to be

incurred, after the pledge is given) by the person making the

pledge; and

(i) the debt owed or claimed to be owed is manifestly

excessive;

(ii) the reasonable value of those services is not applied

toward the liquidation of the debt or purported debt;

(iii) the length and nature of those services are not

respectively limited and defined.

7 Section 270.1A of the Criminal Code (at the end of the

definition of slavery-like offence)

Add:

; (e) section 270.7C (debt bondage).

8 Subdivision C of Division 270 of the Criminal Code

(heading)

Repeal the heading, substitute:

Subdivision C--Slavery-like offences

9 After section 270.7B of the Criminal Code

Insert:

270.7C Offence of debt bondage

A person commits an offence of debt bondage if:

(a) the person engages in conduct that causes another person to

enter into debt bondage; and

(b) the person intends to cause the other person to enter into debt

bondage.

Penalty:

Schedule 6 Slavery-like offences and relevant evidence

Part 1 Slavery-like offences

102

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(a) in the case of an aggravated offence (see section 270.8)--

imprisonment for 7 years; or

(b) in any other case--imprisonment for 4 years.

10 Division 271 of the Criminal Code (heading)

Repeal the heading, substitute:

Division 271--Trafficking in persons

11 Section 271.1A of the Criminal Code (note)

Omit "forced labour and forced marriage. Subdivision C of this

Division deals with debt bondage", substitute "forced labour, forced

marriage and debt bondage".

12 Subdivision C of Division 271 of the Criminal Code

Repeal the Subdivision.

13 Section 271.10 of the Criminal Code

Omit "271.7F, 271.7G, 271.8 or 271.9", substitute "271.7F or 271.7G".

14 Paragraph 271.11A(1)(b) of the Criminal Code

Omit "victim; or", substitute "victim.".

15 Paragraph 271.11A(1)(c) of the Criminal Code

Repeal the paragraph.

16 Paragraph 279.1(a) of the Criminal Code

Omit "slavery-like conditions", substitute "slavery-like offences".

17 Paragraph 279.1(b) of the Criminal Code

Omit "and debt bondage".

18 Dictionary in the Criminal Code

Insert:

confiscate, in relation to a person's travel or identity document, has

the same meaning as in Division 271 (see section 271.1).

Slavery-like offences and relevant evidence Schedule 6

Slavery-like offences Part 1

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

103

19 Dictionary in the Criminal Code (definition of debt

bondage)

Repeal the definition, substitute:

debt bondage has the same meaning as in Division 270 (see

section 270.1A).

Telecommunications (Interception and Access) Act 1979

20 Subparagraph 5D(3A)(a)(ii)

Omit "270.8 (slavery or slavery-like conditions)", substitute "270.7C

(slavery or slavery-like offences)".

21 At the end of subparagraph 5D(3A)(a)(v)

Add "or".

22 Subparagraph 5D(3A)(a)(vi)

Repeal the subparagraph.

Schedule 6 Slavery-like offences and relevant evidence

Part 2 Relevant evidence

104

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

Part 2--Relevant evidence

Criminal Code Act 1995

23 Subsection 270.10(1) of the Criminal Code

Omit all the words after "determining", substitute:

whether, in relation to a person (the alleged victim) against whom

the offence is alleged to have been committed:

(a) in the case of an offence against this Subdivision--the

alleged victim has been coerced, threatened or deceived; or

(b) in the case of an offence against section 270.5--the alleged

victim was significantly deprived of personal freedom; or

victim was incapable of understanding the nature and effect

of a marriage ceremony; or

(d) in the case of an offence against section 270.7C--another

person has caused the alleged victim to enter into debt

bondage.

24 Paragraphs 270.10(2)(a) and (b) of the Criminal Code

Omit "the alleged victim and the alleged offender", substitute "the

alleged victim, the alleged offender or a family member of the alleged

victim or alleged offender, and any other person".

25 At the end of subparagraph 270.10(2)(c)(iii) of the Criminal

Code

Add "or any other person".

26 At the end of section 270.10 of the Criminal Code

Add:

(4) In this section:

family member of a person means:

(a) the person's spouse or de facto partner; or

(b) a parent, step-parent or grandparent of the person; or

Slavery-like offences and relevant evidence Schedule 6

Relevant evidence Part 2

No. , 2016

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

105

(d) a brother, sister, step-brother or step-sister of the person; or

(e) a guardian or carer of the person.

(5) For the purposes of this section, the family members of a person

are taken to include the following (without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in the

Dictionary;

someone mentioned in paragraph (a) or (b) is taken to be a

family member of the person.

27 Paragraph 271.11A(1)(a) of the Criminal Code

Omit "or BB".

28 Paragraphs 271.11A(2)(a) and (b) of the Criminal Code

Omit "the alleged victim and the alleged offender", substitute "the

alleged victim, the alleged offender or a family member of the alleged

victim or alleged offender, and any other person".

29 At the end of subparagraph 271.11A(2)(c)(iii) of the

Criminal Code

Add "or any other person".

30 At the end of section 271.11A of the Criminal Code

Add:

(5) In this section:

family member of a person means:

(a) the person's spouse or de facto partner; or

(b) a parent, step-parent or grandparent of the person; or

(d) a brother, sister, step-brother or step-sister of the person; or

(e) a guardian or carer of the person.

Schedule 6 Slavery-like offences and relevant evidence

Part 2 Relevant evidence

106

Crimes Legislation Amendment (International Crime Cooperation and

Other Measures) Bill 2016

No. , 2016

(6) For the purposes of this section, the family members of a person

are taken to include the following (without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in the

Dictionary;

someone mentioned in paragraph (a) or (b) is taken to be a

family member of the person.

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Part 3--Application and transitional provisions

31 Application of amendments

(1)

The amendments made by Part 1 of this Schedule apply in relation to

conduct engaged in on or after the commencement of this item.

(2)

The amendments made by Part 2 of this Schedule apply in relation to

proceedings for offences instituted after the commencement of this item

(whether the proceedings are for offences committed, or alleged to have

been committed, before or after the commencement of this item).

32 Transitional

--serious offences

Paragraph 5D(3A)(a) of the Telecommunications (Interception and

Access) Act 1979 has effect after the commencement of this item (in

addition to its effect as amended by this Act) as if it also contained a

reference to the following provisions of the Criminal Code, as in force

immediately before the commencement of this item:

(a) section 271.8;

(b) section 271.9.

Schedule 7 Amendment of the War Crimes Act 1945

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Schedule 7--Amendment of the War Crimes

Act 1945

War Crimes Act 1945

1 Section 21

Repeal the section, substitute:

21 Reporting

(1) If either or both of the following is started or carried on at any time

during a financial year:

(a) an investigation of a suspected offence against this Act;

(b) a proceeding for an alleged offence against this Act;

the Attorney-General must, as soon as practicable after the end of

the financial year, cause a report about the operation of this Act

during the year to be prepared.

(2) The report must include the following information:

(a) the number of suspected offences against this Act under

investigation during the year;

(b) the number of proceedings for alleged offences against this

Act started or carried on during the year;

investigating such suspected offences and carrying on such

proceedings;

(d) the anticipated timetable for finalising:

(i) investigations of such suspected offences; and

(ii) such proceedings.

(3) The Attorney-General must cause a copy of the report to be laid

before each House of the Parliament within 15 sittings days of that

House after the report is prepared.

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Schedule 8--Amendment of the Australian

Federal Police Act 1979

Part 1--Drug testing

Australian Federal Police Act 1979

1 Subsection 40LA(4)

Omit "if the screening test subject is an AFP employee or a special

member".

2 Section 40M (heading)

Repeal the heading, substitute:

40M Prescribed persons may require AFP appointees to undergo

alcohol screening tests, alcohol breath tests or prohibited

drug tests etc.

3 Subsection 40M(1)

Omit "AFP employee, or a special member,", substitute "AFP

appointee".

4 Paragraph 40M(2)(a)

Omit "AFP employee or a special member", substitute "AFP

appointee".

5 Subsection 40M(3)

Omit "AFP employee or a special member", substitute "AFP

appointee".

6 Subsection 40N(1)

Omit "AFP employee or special member", substitute "AFP appointee".

7 Subsection 40N(1) (note)

Omit "the employee or special member", substitute "the AFP

appointee".

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8 Subsection 40N(2)

Omit "a member or a special member", substitute "an AFP appointee".

9 Subsection 40N(2)

Omit "the member or special member" (wherever occurring), substitute

"the AFP appointee".

10 Subsection 40N(3)

Omit "AFP employee or special member", substitute "AFP appointee".

11 Subsection 40N(4)

Omit "AFP employee or a special member", substitute "AFP

appointee".

12 Subsection 40N(4)

Omit "the employee or special member", substitute "the AFP

appointee".

13 Subsection 40N(5)

Omit "AFP employee or a special member", substitute "AFP

appointee".

14 Section 40P

Before "For", insert "(1)".

15 At the end of section 40P

Add:

(2) Despite subsection 14(2) of the Legislation Act 2003, regulations

made for the purposes of section 40LA, 40M or 40N may make

provision in relation to a matter by applying, adopting or

incorporating any matter contained in a standard published by, or

on behalf of, Standards Australia or published jointly by, or on

behalf of, Standards Australia and Standards New Zealand:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

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16 Paragraph 40Q(a)

Omit "AFP employee or a special member", substitute "AFP

appointee".

17 Section 40Q

Omit "employee, special member or AFP appointee" (first occurring),

substitute "AFP appointee".

18 Paragraph 40Q(d)

Omit "to terminate the employment of the employee or the AFP

appointee or to terminate the appointment of the special member or the

AFP appointee", substitute "to terminate the employment or

appointment of the AFP appointee".

19 Paragraph 40Q(f)

Omit "employee, special member or AFP appointee", substitute "AFP

appointee".

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Part 2--Other amendments

Australian Federal Police Act 1979

20 Subsection 30A(2)

Omit "90 days", substitute "180 days".

21 Application of amendment

The amendment made by this Part applies in relation to notices of

resignation given after the commencement of this item.

Schedule 9 Amendment of the Anti-Money Laundering and Counter-Terrorism

Financing Act 2006

Part 1 Reports about physical currency

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Schedule 9--Amendment of the Anti-Money

Laundering and Counter-Terrorism

Financing Act 2006

Part 1--Reports about physical currency

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

1 After subsection 53(8) (before the notes)

Insert:

(9) If a report under this section in respect of the movement of

physical currency out of Australia is to be given electronically, the

report must be given to the AUSTRAC CEO using an electronic

system prescribed by the AML/CTF Rules.

2 After paragraph 54(1)(a)

Insert:

(aa) if the movement of the physical currency is to be effected by

a person taking the physical currency out of Australia with

the person, and the report is to be given using an electronic

system referred to in subsection 53(9)--within the period

prescribed by the AML/CTF Rules (which must end at or

before the time worked out under subsection (3)); or

3 Paragraph 54(1)(b)

After "with the person", insert ", and paragraph (aa) does not apply".

4 Subsection 54(3)

Omit "paragraph (1)(b)", substitute "paragraphs (1)(aa) and (b)".

5 Application of amendments

The amendments made by this Part apply in relation to a movement of

physical currency out of Australia after the commencement of this

Schedule.

Amendment of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Schedule 9

The Australian Charities and Not-for-profits Commission Part 2

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Part 2--The Australian Charities and Not-for-profits

Commission

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

6 Section 5 (after paragraph (ge) of the definition of

designated agency)

Insert:

(gf) the Australian Charities and Not-for-profits Commission; or

7 Application of amendment

(1)

The amendment of section 5 of the Anti-Money Laundering and

Counter-Terrorism Financing Act 2006 made by this Part applies in

relation to disclosures of, and access to, information after this item

commences, whether the information was obtained before, on or after

that commencement.

(2)

For the purposes of the Anti-Money Laundering and Counter-Terrorism

Financing Act 2006, if information is disclosed in accordance with a

provision of that Act to an official of the Australian Charities and

Not-for-profits Commission before this item commences, the

information is taken to have been disclosed to an official of a designated

agency.

Schedule 10 Amendment of the Australian Crime Commission Act 2002

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Schedule 10--Amendment of the Australian

Crime Commission Act 2002

Australian Crime Commission Act 2002

1 After subsection 4(1)

Insert:

(1A) For all purposes, if an expression defined in subsection (1) contains

"ACC", the expression when used as so defined may also be

referred to by replacing "ACC" with any name or acronym

specified under subsection 7(1A).

Example: Expressions to which this subsection applies, including the following,

may be used in a document by replacing "ACC" with any name or

acronym by which the ACC may also be known:

(a) ACC information;

(b) ACC operation/investigation;

(1B) Subsection (1A) does not limit subsection 7(1A).

2 Subsection 7(1A)

Omit "a name", substitute "one or more names or acronyms".

3 At the end of subsection 7(1A)

Add:

Note:

See also subsections 4(1A) and (1B), 7B(1A) and 37(5).

4 After subsection 7B(1)

Insert:

(1A) The Board of the ACC may also refer to itself, and be referred to,

by replacing "ACC" with any name or acronym specified under

subsection 7(1A).

5 At the end of section 37

Add:

Schedule 11 Amendment of the AusCheck Act 2007

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Schedule 11--Amendment of the AusCheck

Act 2007

AusCheck Act 2007

1 Subsection 4(1)

Insert:

major national event has the meaning given by section 5A.

2 After section 5

Insert:

5A Declaration of major national events

(1) The Minister may, by legislative instrument, declare that a

specified event is a major national event for the purposes of this

Act.

(2) The Minister must not make a declaration under subsection (1) in

relation to an event unless the Minister is satisfied that it is in the

national interest that the Commonwealth be involved in the

conduct and coordination of background checks in connection with

the accreditation of individuals in relation to the event.

(3) In considering whether to make a declaration under subsection (1)

in relation to an event, the Minister may have regard to:

(a) the significance of the event; and

(b) the need (if any) to coordinate security arrangements in

relation to the event with one or more States or Territories or

one or more foreign governments; and

(d) the potential impact of any security incident relating to the

event on Australia's reputation; and

(e) the anticipated attendees at the event; and

(f) any other matter the Minister considers relevant.

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3 At the end of subsection 8(1)

Add:

; or (d) the check is of an individual in connection with the

accreditation of the individual in relation to a major national

event.

4 After subsection 8(2)

Insert:

Background checks in connection with major national events

(2A) If paragraph (1)(d) applies, the background check must be

conducted:

(a) for purposes related to matters that are peculiarly adapted to

the government of a nation and that cannot otherwise be

carried on for the benefit of the nation; or

(b) for purposes involving, or for purposes related to, the

collection and transmission of information by a

communication using a postal, telegraphic, telephonic or

other like service; or

(d) in or with respect to a Commonwealth place (within the

meaning of the Commonwealth Places (Application of Laws)

Act 1970); or

(e) in the course of, or for purposes related to, trade or commerce

with other countries, and among the States; or

(f) in relation to a person who is an employee of, an office

holder in, or otherwise connected with, a corporation to

which paragraph 51(xx) of the Constitution applies, where

the results of the check are relevant to:

(i) the relationship between the person and the corporation;

(ii) the protection of the corporation; or

(iii) the activities of the corporation; or

(g) for purposes related to external affairs; or

(h) for purposes related to the background checking of, or the

protection of, aliens; or

(i) for purposes related to:

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(i) Australia's national security; or

(ii) the defence of Australia; or

(iii) a national emergency; or

(iv) the prevention of conduct to which Part 5.3 or 5.5 of the

Criminal Code applies; or

(j) by way of the provision of a service, for a purpose of the

Commonwealth, to:

(i) the Commonwealth; or

(ii) an authority of the Commonwealth; or

(k) for purposes related to matters incidental to the execution of

any of the legislative powers of the Parliament or the

executive power of the Commonwealth.

5 At the end of section 8

Add:

Definitions

(5) A term used in subsection (2A) and the Constitution has the same

meaning in that subsection as it has in the Constitution.

6 After section 10

Insert:

10AA Matters covered by the AusCheck scheme--background

checks in connection with major national events

(1) The AusCheck scheme may, for the purposes of paragraph 8(1)(d),

make provision for and in relation to any of the following:

(a) the giving to the Secretary of information, relating to an

individual in respect of whom a background check is

conducted, that is directly necessary for the purpose of

conducting the background check;

(b) the criteria against which a background check is to be

assessed;

background check;

(d) the form of advice to be given to an individual in respect of

whom a background check is conducted;

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(e) the form of advice to be given to other persons about the

outcome of a background check.

(2) The matters referred to in subsection (1) may relate to:

(a) all background checks to be conducted for the purposes of

paragraph 8(1)(d); or

(b) a specified class of background checks.

Commonwealth of Australia Bills

CRIMES LEGISLATION AMENDMENT (INTERNATIONAL CRIME COOPERATION AND OTHER MEASURES) BILL 2016