CRIMES LEGISLATION AMENDMENT (POWERS, OFFENCES AND OTHER MEASURES) BILL 2015

2013-2014-2015

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Crimes Legislation Amendment (Powers,

Offences and Other Measures) Bill 2015

No. , 2015

(Attorney-General)

A Bill for an Act to amend various Acts relating to

the criminal law and law enforcement, and for

other purposes

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Contents

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

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

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

Schedule 1--Serious drug offences

Criminal Code Act 1995

Schedule 2--Bribing foreign public officials

Criminal Code Act 1995

Schedule 3--Outrages upon personal dignity

Criminal Code Act 1995

Schedule 4--Forced marriage

Criminal Code Act 1995

Schedule 5--Knowingly concerned

Criminal Code Act 1995

Schedule 6--Penalties for firearms trafficking offences

Criminal Code Act 1995

Schedule 7--Sentencing and parole

Part 1--General deterrence

Crimes Act 1914

Part 2--Cooperation with law enforcement agencies

Commonwealth Places (Application of Laws) Act 1970

Crimes Act 1914

Part 3--Remissions and reductions of sentences

Crimes Act 1914

Part 4--Non-parole periods and recognizance release orders

Crimes Act 1914

Part 5--Rectification of errors in sentences, non-parole periods

and recognizance release orders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Crimes Act 1914

Part 6--Parole--general

Crimes Act 1914

Part 7--Effect of State and Territory sentences on making of

parole orders

Crimes Act 1914

Part 8--Early release on parole

Crimes Act 1914

Part 9--Amendments of parole orders and licences

Crimes Act 1914

Part 10--Conditional release

Crimes Act 1914

Part 11--Alternative sentencing options

Crimes Act 1914

Schedule 8--Transfer of prisoners

Transfer of Prisoners Act 1983

Schedule 9--Sharing information relevant to federal offenders

Crimes Act 1914

Schedule 10--AUSTRAC

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Schedule 11--Australian Commission for Law Enforcement

Integrity

Law Enforcement Integrity Commissioner Act 2006

Schedule 12--Australian Crime Commission

Australian Crime Commission Act 2002

Schedule 13--Proceeds of crime--penalties

Proceeds of Crime Act 2002

Schedule 14--Proceeds of crime--other matters

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

iii

Part 1--Proceeds and instruments of offences

Proceeds of Crime Act 2002

Part 2--Related offences

Division 1--Main amendments

Proceeds of Crime Act 2002

Division 2--Corresponding amendments

Australian Federal Police Act 1979

Crimes (Superannuation Benefits) Act 1989

Mutual Assistance in Criminal Matters Act 1987

Part 3--Approved examiners

Proceeds of Crime Act 2002

Part 4--Official Trustee's role

Proceeds of Crime Act 2002

Schedule 15--State law enforcement agencies

Part 1--Main amendments

Australian Postal Corporation Act 1989

Crimes Act 1914

Criminal Code Act 1995

Mutual Assistance in Criminal Matters Act 1987

Privacy Act 1988

Radiocommunications Act 1992

Surveillance Devices Act 2004

Taxation Administration Act 1953

Telecommunications (Interception and Access) Act 1979

Part 2--Amendments contingent on the Telecommunications

(Interception and Access) Amendment (Data

Retention) Act 2015

Telecommunications (Interception and Access) Act 1979

Schedule 16--Controlled operations

Crimes Act 1914

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

A Bill for an Act to amend various Acts relating to

the criminal law and law enforcement, and for

other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Crimes Legislation Amendment

(Powers, Offences and Other Measures) Act 2015.

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 (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1 to

The day after this Act receives the Royal

Assent.

3. Schedule 15,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 15,

item 52

The day after this Act receives the Royal

Assent.

However, the provision does not commence

at all if item 7 of Schedule 2 to the

Telecommunications (Interception and

Access) Amendment (Data Retention) Act

2015 commences on or before the day after

this Act receives the Royal Assent.

5. Schedule 15,

item 53

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

item 3 of Schedule 2 to the

Telecommunications (Interception and

Access) Amendment (Data Retention) Act

2015.

However, the provision does not commence

at all if the event mentioned in paragraph (b)

does not occur.

6. Schedule 16

The 28th day after this Act receives the

Royal Assent.

7. Schedule 17

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

Part 3 of Schedule 3 to the Classification

(Publications, Films and Computer

Games) Amendment (Classification

Tools and Other Measures) Act 2014.

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 Serious drug offences

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 1

--Serious drug offences

Criminal Code Act 1995

1 At the end of section 300.5 of the Criminal Code

Add:

Note:

This section applies to a prosecution of an ancillary offence relating to

this Part as well as to prosecution of a primary offence against this

Part. This is because of:

(a) sections 11.2, 11.2A and 11.3 (which treat certain combinations

of physical and fault elements relating to this Part as being

offences against this Part); and

(b) section 11.6 (which has the effect that a reference to an offence

against this Part includes a reference to an offence against

section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) that

relates to this Part).

2 At the end of Division 300 of the Criminal Code

Add:

300.6 Recklessness as to nature of substance or plant sufficient for

offence of attempt to commit an offence against this Part

Despite subsection 11.1(3), for the offence of attempting to commit

an offence against this Part, recklessness is the fault element in

relation to any of the following physical elements of the offence

attempted:

(a) that a substance is a controlled drug (a physical element of an

offence against Division 302 or 305 or section 308.1, 309.2,

309.3, 309.4, 309.7 or 309.8);

(b) that a plant is a controlled plant (a physical element of an

offence against Division 303 or 304);

of an offence against Division 306 or section 308.2, 309.10

or 309.11);

(d) that a substance is a border controlled drug or border

controlled plant (a physical element of an offence against

Subdivision A, B or C of Division 307 or section 309.12 or

309.13);

Serious drug offences Schedule 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(e) that a substance is a border controlled precursor (a physical

element of an offence against Subdivision D of Division 307

or section 309.14 or 309.15).

Note:

Proof of intention, knowledge or recklessness will satisfy a fault

element of recklessness: see subsection 5.4(4).

3 Paragraphs 307.11(1)(b) and 307.12(1)(b) of the Criminal

Code

Repeal the paragraphs.

4 Subsection 307.12(4) of the Criminal Code

Repeal the subsection.

5 Paragraph 307.13(1)(b) of the Criminal Code

Repeal the paragraph.

6 Subsection 307.13(3) of the Criminal Code

Repeal the subsection.

7 Section 307.14 of the Criminal Code

Repeal the section.

8 Application of amendments

The amendments made by items 2 to 7 apply in relation to offences

constituted by conduct engaged in on or after the commencement of this

Schedule.

Schedule 2 Bribing foreign public officials

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 2

--Bribing foreign public officials

Criminal Code Act 1995

1 Subsection 70.2(1A) of the Criminal Code

Repeal the subsection, substitute:

(1A) For the purposes of paragraph (1)(c):

(a) the first-mentioned person does not need to intend to

influence a particular foreign public official; and

(b) business, or a business advantage, does not need to be

actually obtained or retained.

Outrages upon personal dignity Schedule 3

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 3

--Outrages upon personal dignity

Criminal Code Act 1995

1 Paragraph 268.74(1)(a) of the Criminal Code

After "persons", insert "(whether or not the person or persons are

alive)".

2 Subsections 268.74(2) and (3) of the Criminal Code

Repeal the subsections, substitute:

(2) To avoid doubt, a reference in subsection (1) to a person or persons

who are not taking an active part in the hostilities includes a

reference to a person or persons who:

(a) are hors de combat; or

(b) are civilians, medical personnel or religious personnel who

are not taking an active part in the hostilities; or

Schedule 4 Forced marriage

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 4

--Forced marriage

Criminal Code Act 1995

1 Subsection 270.7A(1) of the Criminal Code

Repeal the subsection, substitute:

(1) A marriage is a forced marriage if one party to the marriage (the

victim) entered into the marriage without freely and fully

consenting:

(a) because of the use of coercion, threat or deception; or

(b) because the party was incapable of understanding the nature

and effect of the marriage ceremony.

2 Subsection 270.7A(3) of the Criminal Code

Omit "Subsection (1)", substitute "Paragraph (1)(a)".

3 At the end of section 270.7A of the Criminal Code

Add:

(4) For the purposes of proving an offence against this Division or

Division 271, a person under 16 years of age is presumed, unless

the contrary is proved, to be incapable of understanding the nature

and effect of a marriage ceremony.

Note:

A defendant bears a legal burden in relation to proving the contrary

(see section 13.4).

4 Subsection 270.7B(1) of the Criminal Code (paragraph (a) of

the penalty)

Omit "7 years", substitute "9 years".

5 Subsection 270.7B(1) of the Criminal Code (paragraph (b)

of the penalty)

Omit "4 years", substitute "7 years".

Forced marriage Schedule 4

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

6 Subsection 270.7B(2) of the Criminal Code (paragraph (a) of

the penalty)

Omit "7 years", substitute "9 years".

7 Subsection 270.7B(2) of the Criminal Code (paragraph (b)

of the penalty)

Omit "4 years", substitute "7 years".

8 Dictionary in the Criminal Code (definition of forced

marriage)

Omit "same meaning as in Division 270 (see section 270.7A)",

substitute "meaning given by section 270.7A".

Schedule 5 Knowingly concerned

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 5

--Knowingly concerned

Criminal Code Act 1995

1 Subsection 11.2(1) of the Criminal Code

Omit "or procures", substitute ", procures, or is knowingly

concerned in,".

2 Paragraph 11.2(2)(a) of the Criminal Code

Repeal the paragraph, substitute:

(a) the person's conduct must have:

(i) in fact aided, abetted, counselled or procured the

commission of the offence by the other person; or

(ii) resulted in the person being in fact knowingly

concerned in the commission of the offence by the other

person; and

3 Paragraphs 11.2(3)(a) and (b) of the Criminal Code

Omit "or procure", substitute ", procure, or result in the person being

knowingly concerned in,".

4 Subsection 11.2(4) of the Criminal Code

Omit "or procuring", insert ", procuring, or being knowingly concerned

in,".

5 Subsection 11.2(5) of the Criminal Code

Omit "or procuring", insert ", procuring, or being knowingly concerned

in,".

6 Application of amendments

The amendments made by this Schedule apply in relation to conduct

engaged in at or after the commencement of this Schedule.

Penalties for firearms trafficking offences Schedule 6

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 6

--Penalties for firearms trafficking

offences

Criminal Code Act 1995

1 After section 360.3 of the Criminal Code

Insert:

360.3A Mandatory minimum penalties

(1) The court must impose a sentence of imprisonment of at least 5

years for a person convicted of an offence against this Division.

(2) Subsection (1) does not apply if it is established on the balance of

probabilities that the person was aged under 18 years when the

offence was committed.

2 After section 361.4 of the Criminal Code

Insert:

361.5 Mandatory minimum penalties

(1) The court must impose a sentence of imprisonment of at least 5

years for a person convicted of an offence against this Division.

(2) Subsection (1) does not apply if it is established on the balance of

probabilities that the person was aged under 18 years when the

offence was committed.

3 Application of amendments

The amendments made by this Schedule apply in relation to conduct

engaged in at or after the commencement of this Schedule.

Schedule 7 Sentencing and parole

Part 1 General deterrence

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 7

--Sentencing and parole

Part 1

--General deterrence

Crimes Act 1914

1 After paragraph 16A(2)(j)

Insert:

(ja) the deterrent effect that any sentence or order under

consideration may have on other persons;

2 Application of amendments

The amendment made by this Part applies in relation to determining, on

or after the commencement of this item, a sentence to be passed, or an

order to be made, in respect of a person, whether the person is convicted

before, at or after that commencement.

Sentencing and parole Schedule 7

Cooperation with law enforcement agencies Part 2

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 2

--Cooperation with law enforcement agencies

Commonwealth Places (Application of Laws) Act 1970

3 Clause 1 of the Schedule

Omit "sections 20C, 21B and 21E", substitute "sections 20C and 21B".

Crimes Act 1914

4 Subsection 3(1)

Insert:

confiscation proceedings has a meaning affected by

subsection 16AC(5).

5 After section 16AB

Insert:

16AC Reduction for cooperation with law enforcement agencies

(1) This section applies if a court imposing a sentence, or making an

order, for a federal offence:

(a) reduces the severity of the sentence or order; or

(b) reduces the non-parole period in relation to the sentence (if

applicable);

because the offender has undertaken to cooperate with law

enforcement agencies in proceedings (including confiscation

proceedings) relating to any offence.

(2) The court must:

(a) state that the sentence, order or non-parole period is being

reduced for that reason; and

(b) specify the sentence that would have been imposed, the order

that would have been made or the non-parole period that

would have been fixed but for that reduction.

Schedule 7 Sentencing and parole

Part 2 Cooperation with law enforcement agencies

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Example: The court imposes a fine of $1,000 and specifies that, but for the

offender undertaking to cooperate with law enforcement agencies, the

court would have imposed a fine of $10,000.

Promised cooperation refused

(3) The Director of Public Prosecutions may appeal against the

inadequacy of the reduced sentence, reduced order or reduced

non-parole period if:

(a) after the imposing of the sentence or the making of the order,

the offender, without reasonable excuse, does not cooperate

in accordance with the undertaking; and

(b) the Director of Public Prosecutions is of the opinion that

appealing is in the interests of the administration of justice.

(4) The court hearing the appeal:

(a) if it is satisfied that the person has failed entirely to cooperate

in accordance with the undertaking--must substitute for the

reduced sentence, reduced order or reduced non-parole

period the sentence, order or non-parole period that would

have been imposed, made or fixed but for that reduction; and

(b) if it is satisfied that the person has failed in part to cooperate

in accordance with the undertaking--may substitute:

(i) for the reduced sentence or reduced order such a

sentence or order, not exceeding in severity the sentence

or order that could be imposed or made under

paragraph (a), as the court thinks appropriate; or

(ii) for the reduced non-parole period such a non-parole

period, not exceeding the parole period that could be

fixed under paragraph (a), as the court thinks

appropriate.

Meaning of confiscation proceedings

(5) In this Act:

confiscation proceedings includes:

(a) proceedings for freezing orders, forfeiture orders, pecuniary

penalty orders, literary proceeds orders and restraining orders

under the Proceeds of Crime Act 2002; and

Sentencing and parole Schedule 7

Cooperation with law enforcement agencies Part 2

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(b) proceedings for forfeiture orders, pecuniary penalty orders

and restraining orders under the Proceeds of Crime Act 1987;

and

orders under Part XIII of the Customs Act 1901.

6 After subsection 19AP(4)

Insert:

(4A) Without limiting the matters to which the Attorney-General may

have regard for the purposes of subsection (4), the

Attorney-General may have regard to:

(a) any extensive cooperation by the person with law

enforcement agencies before sentencing that the sentencing

court did not take into account; or

(b) any extensive cooperation by the person with law

enforcement agencies after sentencing; or

adequately be treated or managed within the prison system.

7 Section 21E

Repeal the section.

Schedule 7 Sentencing and parole

Part 3 Remissions and reductions of sentences

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 3

--Remissions and reductions of sentences

Crimes Act 1914

8 Subsection 19AA(1)

Repeal the subsection, substitute:

(1) A law of a State or Territory that provides for the remission or

reduction of State or Territory sentences applies in the same way to

the remission or reduction of a federal sentence in a prison of that

State or Territory.

(1A) However, the law does not remit or reduce the non-parole period or

pre-release period in respect of the federal sentence (except as

provided for by subsection (4)).

9 Application of amendments

The amendment made by this Part applies in relation to a federal

sentence imposed on or after the commencement of this item.

Sentencing and parole Schedule 7

Non-parole periods and recognizance release orders Part 4

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 4

--Non-parole periods and recognizance

release orders

Crimes Act 1914

10 Section 19AB

Repeal the section, substitute:

19AB When court must fix non-parole period

(1) Subject to subsection (3), a court must fix a single non-parole

period in respect of a federal sentence or federal sentences if:

(a) a person is convicted of a federal offence, or of 2 or more

federal offences at the same sitting; and

(b) the court imposes the sentence or sentences on the person;

and

(i) any of the sentences is a federal life sentence;

(ii) the sentences, in the aggregate, exceed 3 years; and

(d) when the court imposes the sentence or sentences, the person

is not already serving or subject to a federal sentence.

(2) Subject to subsection (3), a court must fix a single non-parole

period in respect of all federal sentences a person is to serve or

complete if:

(a) while the person is in prison and is serving or subject to a

federal sentence, the court imposes a further federal sentence

on the person; and

(b) the result is that the person is to serve or to complete:

(i) a federal life sentence; or

(ii) federal sentences the unserved portions of which, in the

aggregate, exceed 3 years; and

person is not already subject to a non-parole period or

recognizance release order in respect of a federal sentence.

Schedule 7 Sentencing and parole

Part 4 Non-parole periods and recognizance release orders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Non-parole period not appropriate

(3) A court may decline to fix a non-parole period under this section if:

(a) the court is satisfied that a non-parole period is not

appropriate, having regard to:

(i) the nature and circumstances of the offence or offences;

and

(ii) the antecedents of the person; or

(b) the person is expected to be serving a State or Territory

sentence on the day after the end of the federal sentence, or

the last to be served of the federal sentences, as reduced by

any remissions or reductions under section 19AA.

(4) If the court declines to fix a non-parole period, the court must:

(a) state its reasons for so declining; and

(b) cause the reasons to be entered in the records of the court.

11 Subsections 19AC(1) and (2)

After "must make a", insert "single".

12 Subsections 19AC(4) and (5)

Repeal the subsections, substitute:

(4) A court may decline to make a recognizance release order in

respect of a person if:

(a) the court is satisfied that such an order is not appropriate,

having regard to:

(i) the nature and circumstances of the offence or offences

concerned; and

(ii) the antecedents of the person; or

(b) the person is expected to be serving a State or Territory

sentence on the day after the end of the federal sentence, or

the last to be served of the federal sentences, as reduced by

any remissions or reductions under section 19AA.

(5) If the court declines to make a recognizance release order, the court

must:

(a) state its reasons for so declining; and

(b) cause the reasons to be entered in the records of the court.

Sentencing and parole Schedule 7

Non-parole periods and recognizance release orders Part 4

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

13 Subsection 19AG(5) (paragraph (a) of the note)

Repeal the paragraph.

14 Subsection 19AG(5) (after paragraph (c) of the note)

Insert:

(ca) making a recognizance release order under paragraph 19AE(2)(e)

or 19AR(2)(e); or

15 Subsection 20(6)

Omit "19AB,".

16 Application of amendments

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

sentence imposed on or after the commencement of this item.

Schedule 7 Sentencing and parole

Part 5 Rectification of errors in sentences, non-parole periods and recognizance release

orders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 5

--Rectification of errors in sentences,

non-parole periods and recognizance

release orders

Crimes Act 1914

17 After section 19AH

Insert:

19AHA Rectification of errors etc. in sentences, non-parole periods

and recognizance release orders

(1) This section applies if a sentencing order made by a court under

this Part in relation to a person:

(a) reflects an error of a technical nature made by the court; or

(b) has a defect of form; or

Note:

For paragraph (a), the following are examples of errors of a technical

nature: a clerical mistake, an accidental slip or omission, a material

miscalculation of figures or a material mistake in the description of a

person, thing or matter.

(2) An error, defect or ambiguity mentioned in subsection (1) does not

affect the validity of any sentence imposed on the person.

(3) The court may, on its own initiative, at any time, by order, amend

the sentencing order to rectify the error, defect or ambiguity.

(4) The court must, at any time, on application by the

Attorney-General, the Director of Public Prosecutions or the

person, by order, amend the sentencing order to rectify the error,

defect or ambiguity.

(5) The court may amend the sentencing order whether or not the court

is constituted in the way in which it was constituted when the

person was sentenced.

(6) An amendment of a sentencing order under this section does not

affect any right of appeal against a sentence.

Sentencing and parole Schedule 7

Rectification of errors in sentences, non-parole periods and recognizance release orders

Part 5

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(7) Unless the court orders otherwise, an amendment of a sentencing

order under this section is taken to have had effect from the date of

effect of the sentencing order.

(8) In this section:

sentencing order means any of the following:

(a) an order imposing, or purporting to impose, a sentence;

(b) an order fixing a non-parole period;

18 Application of amendments

The amendment made by this Part applies to a sentencing order made

before, on or after the commencement of this item.

Schedule 7 Sentencing and parole

Part 6 Parole--general

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 6

--Parole--general

Crimes Act 1914

19 Before section 19AL

Insert:

Subdivision A--Release on parole or licence

19AKA Purposes of parole

The purposes of parole are the following:

(a) the protection of the community;

(b) the rehabilitation of the offender;

20 After section 19AL

Insert:

19ALA Matters that may be considered in decisions about parole

orders

(1) In making a decision under section 19AL in relation to a person,

the Attorney-General may have regard to any of the following

matters that are known to the Attorney-General and relevant to the

decision:

(a) the risk to the community of releasing the person on parole;

(b) the person's conduct while serving his or her sentence;

ordered by a court or recommended by the relevant State or

Territory corrective services or parole agency;

(d) the likely effect on the victim, or victim's family, of releasing

the person on parole;

(e) the nature and circumstances of the offence to which the

person's sentence relates;

(f) any comments made by the sentencing court;

(g) the person's criminal history;

Sentencing and parole Schedule 7

Parole--general Part 6

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(h) any report or information in relation to the granting of parole

that has been provided by the relevant State or Territory

corrective services or parole agency;

(i) the behaviour of the person when subject to any previous

parole order or licence;

(j) the likelihood that the person will comply with the conditions

of the parole order;

(k) whether releasing the person on parole is likely to assist the

person to adjust to lawful community life;

(l) whether the length of the parole period is sufficient to

achieve the purposes of parole;

(m) any special circumstances, including the likelihood that the

person will be subject to removal or deportation upon release.

(2) Subsection (1) does not limit the matters that the Attorney-General

may consider in making a decision under section 19AL.

21 Before section 19AQ

Insert:

19APB Effect of parole order and licence on sentence

(1) If a parole order is made, or a licence is granted, in relation to a

person:

(a) the person is taken to be still under sentence and not to have

served the part of any sentence that remained to be served at

the beginning of the parole period or licence period, until:

(i) the parole period or licence period ends without the

parole order or licence being revoked; or

(ii) the person is otherwise discharged from imprisonment;

and

(b) the person is taken:

(i) to have served the part of any sentence that remained to

be served at the beginning of the parole period or

licence period; and

(ii) to have been discharged from imprisonment;

if the parole period or licence period ends without the parole

order or licence being revoked.

Schedule 7 Sentencing and parole

Part 6 Parole--general

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(2) Subsection (1) has effect as if the parole period or the licence

period had not ended without the parole order or the licence being

revoked, if the parole order or licence is, under

subsection 19AQ(2) or (4), taken to have been revoked as from the

time just before the end of the parole period or licence period.

Subdivision B--Revocation of parole order or license

22 Section 19AZC

Repeal the section.

23 Before section 19AZD

Insert:

Subdivision C--State and Territory laws providing for leave of

absence, pre-release etc.

24 Before section 19B

Insert:

Subdivision D--Discharge without conviction, conditional

release and sentencing alternatives

25 Application of amendments

The amendments made by this Part apply to a decision under

section 19AL made on or after the commencement of this item.

Sentencing and parole Schedule 7

Effect of State and Territory sentences on making of parole orders Part 7

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 7

--Effect of State and Territory sentences on

making of parole orders

Crimes Act 1914

26 Subsection 19AL(1) (notes 1, 2 and 3)

Repeal the notes, substitute:

Note:

See subsection (5) if the person is subject to a State or Territory

sentence.

27 At the end of paragraph 19AL(2)(b)

Add:

Note:

See subsection (5) if the person is subject to a State or Territory

sentence.

28 At the end of subsection 19AL(3)

Add:

Note 1:

For when a person is released on parole in accordance with a parole

order, see section 19AM.

Note 2:

A person released on parole must comply with any conditions of the

parole order during the parole period (see sections 19AMA, 19AN and

19AU).

29 Subsection 19AL(4)

Repeal the subsection, substitute:

Person subject to State or Territory sentence

(4) Subsections (5) and (6) apply if the person is subject to a State or

Territory sentence.

(5) The Attorney-General is not required to make, or to refuse to

make, a parole order under subsection (1) or paragraph (2)(b) if:

(a) the State or Territory sentence is a life sentence for which a

non-parole period has not been fixed; or

(b) the State or Territory sentence ends after the end of the last of

the federal sentences to end; or

Schedule 7 Sentencing and parole

Part 7 Effect of State and Territory sentences on making of parole orders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

after the end of the federal non-parole period; or

(d) the State or Territory sentence ends after the end of the

federal non-parole period.

(6) However, the Attorney-General must either make, or refuse to

make, a parole order before:

(a) if paragraph (5)(c) applies (and paragraphs (5)(a) and (b) do

not)--the end of the non-parole period for the State or

Territory sentence; or

(b) if paragraph (5)(d) applies (and paragraphs (5)(a), (b) and (c)

do not)--the person's expected release from prison for the

State or Territory offence.

Note:

The effect of subsections (4) to (6) and subsection 19AM(2) is that a

parole order may sometimes still be made for a person while the

person is serving a State or Territory sentence, but the person will not

be released in accordance with the parole order until the person is

released from prison for the State or Territory sentence.

30 Application of amendments

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

sentence if the non-parole period for the sentence ends on or after the

commencement of this item, whether the sentence was passed before,

on or after that commencement.

31 Savings provision

(1)

A parole order:

(a) made under section 19AL of the Crimes Act 1914; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made under that

section as amended by this Part.

(2)

A decision:

(a) made by the Attorney-General under section 19AL of the

Crimes Act 1914 before the commencement of this item; and

(b) not revoked before that commencement;

has effect, from that commencement, as if it had been made under that

section as amended by this Part.

Sentencing and parole Schedule 7

Early release on parole Part 8

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 8

--Early release on parole

Crimes Act 1914

32 After subsection 19AL(3)

Insert:

(3A) If the Attorney-General considers that in all the circumstances it is

appropriate to do so, the Attorney-General may specify in a parole

order that a person is to be released from prison on a day that is

before the end of the non-parole period, but is not earlier than 30

days before the end of the non-parole period.

33 Subparagraph 19AM(1)(a)(ii)

Omit "for the purposes of this subparagraph (not being earlier than 30

days before the end of the non-parole period)", substitute "under

subsection 19AL(3A)".

34 Application of amendments

The amendments made by this Part apply to a parole order made on or

after the commencement of this item.

Schedule 7 Sentencing and parole

Part 9 Amendments of parole orders and licences

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 9

--Amendments of parole orders and licences

Crimes Act 1914

35 Subsection 19AN(1)

Omit "(1) A parole order under section 19AL:", substitute "A parole

order:".

36 Subsections 19AN(2) and (3)

Repeal the subsections.

37 Subsections 19AP(8) and (9)

Repeal the subsections.

38 After section 19AP

Insert:

19APA Amendment of parole orders and licences

Amendment of conditions

(1) The Attorney-General may, at any time before the end of:

(a) a parole period for a person for whom a parole order has been

made; or

(b) a licence period for a person who is released on licence for a

federal sentence;

by order in writing, amend the parole order or licence by doing any

or all of the following:

(d) varying or revoking a condition of the parole order or licence

specified under paragraph 19AN(1)(c) or 19AP(7)(c) or

imposed under paragraph (a);

(e) if the supervision period has not ended--changing the day on

which the supervision period ends.

Sentencing and parole Schedule 7

Amendments of parole orders and licences Part 9

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Amendments to rectify errors etc.

(2) If a parole order or licence:

(a) contains an error of a technical nature; or

(b) has a defect of form; or

the Attorney-General may, at any time, by order in writing, amend

the parole order or licence to rectify the error, defect or ambiguity.

Note:

For paragraph (a), the following are examples of errors of a technical

nature: a clerical mistake, an accidental slip or omission, a material

miscalculation of figures or a material mistake in the description of a

person, thing or matter.

When amendments take effect

(3) An amendment of a parole order or licence under subsection (1)

takes effect when notice in writing of the amendment is given to

the offender.

(4) An amendment of a parole order or licence under subsection (2) is

taken to have had effect from the date of effect of the parole order

or licence.

39 Application of amendments

The amendments made by this Part apply to a parole order or licence

made or granted before, on or after the commencement of this item.

Schedule 7 Sentencing and parole

Part 10 Conditional release

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 10

--Conditional release

Crimes Act 1914

40 Subparagraph 20(1)(a)(iii)

Omit "and".

41 Subparagraph 20(1)(a)(iv)

Omit ", which conditions may include the condition that the person will,

during the period so specified, be subject to the supervision of a

probation officer appointed in accordance with the order and obey all

reasonable directions of a probation officer so appointed".

42 At the end of paragraph 20(1)(a)

Add:

Example: A condition under subparagraph (iv) could be that the person will

undertake a specified counselling, education or treatment

program during a specified part of, or throughout, the specified

period.

43 After subsection 20(1)

Insert:

(1A) If the court specifies under paragraph (1)(a) or (b), as mentioned in

subparagraph (1)(a)(iv), the condition that the person will, during

the specified period:

(a) be subject to the supervision of a probation officer appointed

in accordance with the order; and

(b) obey all reasonable directions of the probation officer;

the court must also specify the condition that the person will not

travel interstate or overseas without the written permission of the

probation officer.

Sentencing and parole Schedule 7

Alternative sentencing options Part 11

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 11

--Alternative sentencing options

Crimes Act 1914

44 Subsection 3(1)

Insert:

participating State has the meaning given by subsection 3B(2).

participating Territory has the meaning given by subsection 3B(2).

45 Subsection 3B(2)

Omit "section 20AB", substitute "this Act".

46 Subsection 20AB(1)

Repeal the subsection, substitute:

(1) A court may pass a sentence, or make an order, in respect of a

person convicted before the court in a participating State or

participating Territory of a federal offence, if:

(a) subsection (1AA) applies to the sentence or order; and

(b) under the law of the State or Territory, a court is empowered

to pass such a sentence, or make such an order, in respect of a

State or Territory offender in corresponding cases; and

(i) empowered as mentioned in paragraph (b); or

(ii) a federal court.

(1AA) This subsection applies to a sentence or order that is:

(a) known as any of the following:

(i) an attendance centre order or attendance order;

(ii) a community based order;

(iii) a community correction order;

(iv) a community custody order;

(v) a community service order;

(vi) a community work order;

(vii) a drug or alcohol treatment order or rehabilitation order;

Schedule 7 Sentencing and parole

Part 11 Alternative sentencing options

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(viii) a good behaviour order;

(ix) an intensive correction order;

(x) an intensive supervision order;

(xi) a sentence of periodic detention or a periodic detention

order;

(xii) a sentence of weekend detention or a weekend detention

order;

(xiii) a work order; or

(b) similar to a sentence or order to which paragraph (a) applies;

47 Subsection 20AB(1A)

Omit "subsection (1)", substitute "paragraph (1)(b)".

48 Application of amendments

The amendments made by this Part apply in relation to determining, on

or after the commencement of this item, a sentence to be passed, or an

order to be made, in respect of a person, whether the person is convicted

before, at or after that commencement.

49 Savings provision

--regulation

A regulation:

(a) made for the purposes of section 20AB of the Crimes Act

1914; and

(b) in force just before the commencement of this item;

has effect, from that commencement, as if it had been made for the

purposes of subsection 20AB(1AA) of that Act, as amended by this

Part.

Transfer of prisoners Schedule 8

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 8

--Transfer of prisoners

Transfer of Prisoners Act 1983

1 Subsection 3(1)

Insert:

local prisons authority:

(a) in relation to a State--has the meaning given by the State

transfer law of that State; or

(b) in relation to a Territory--has the meaning prescribed by the

regulations.

State transfer law, of a State, means a law declared under section 5

to be the State transfer law of that State.

2 Subsections 17(1), (2) and (3)

After "prisoner" (first occurring), insert "or remand prisoner".

3 After subsection 17(3)

Insert:

(3A) Without limiting subsection (1) or (3), it is sufficient compliance

with a transfer order if the prisoner or remand prisoner:

(a) is delivered into the custody of an escort of the State or

Territory to which the prisoner is being transferred, being an

escort who is authorised by the local prisons authority for

that State or Territory to receive custody of the prisoner; and

(b) is so delivered into custody at a place at which the escort

mentioned in paragraph (a) is authorised by the local prisons

authority for that State or Territory to receive custody of the

prisoner.

4 Subsection 17(4)

After "prisoner", insert "or remand prisoner".

5 Subsection 26(2)

After "prisoner", insert "or remand prisoner".

Schedule 9 Sharing information relevant to federal offenders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 9

--Sharing information relevant to

federal offenders

Crimes Act 1914

1 After Division 9 of Part IB

Insert:

Division 9A--Sharing information relevant to federal

offenders

20BZ Definitions

In this Division:

authorised officer means:

(a) the Attorney-General; or

(b) the Secretary of the Department.

Note:

The Attorney-General's powers and functions under this Division may

be delegated under section 17 of the Law Officers Act 1964. The

Secretary's powers and functions under this Division may be

delegated under section 20BZC of this Act.

relevant person means any of the following:

(a) the Commissioner of the Australian Federal Police, a Deputy

Commissioner of the Australian Federal Police, an AFP

employee or a special member of the Australian Federal

Police (all within the meaning of the Australian Federal

Police Act 1979);

(b) a member of the police force or police service of a State or

Territory;

or duties in connection with, any of the following:

(i) the Australian Crime Commission Act 2002;

(ii) the Crime Commission Act 2012 (NSW);

(iii) the Independent Commission Against Corruption Act

1988 (NSW);

Sharing information relevant to federal offenders Schedule 9

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(iv) the Police Integrity Commission Act 1996 (NSW);

(v) the Independent Broad-based Anti-corruption

Commission Act 2011 (Vic.);

(vi) the Crime and Corruption Act 2001 (Qld);

(vii) the Corruption and Crime Commission Act 2003 (WA);

(viii) the Independent Commissioner Against Corruption Act

2012 (SA);

(ix) the Integrity Commission Act 2009 (Tas.);

(d) the Director of Public Prosecutions or a person performing a

similar function under a law of a State or Territory;

(e) a member of the staff of the Office of the Director of Public

Prosecutions (within the meaning of the Director of Public

Prosecutions Act 1983) or of a similar body established under

a law of a State or Territory;

(f) an officer or employee of a State or Territory, or of an

authority of a State or Territory, whose duties relate to

corrective services (including prison medical services),

justice or parole;

(g) a person who provides services for, or on behalf of, a State or

Territory, or an authority of a State or Territory, in relation to

corrective services (including prison medical services),

justice or parole;

(h) an officer of Customs;

(i) an officer or employee of a Department responsible for

administering:

(i) the Australian Passports Act 2005; or

(ii) the Defence Force Discipline Act 1982; or

(iii) the Migration Act 1958;

(j) a member of the Defence Force;

(k) a staff member (within the meaning of the Australian

Securities and Investments Commission Act 2001);

(l) a taxation officer (within the meaning of Schedule 1 to the

Taxation Administration Act 1953);

(m) an officer or employee of the State Debt Recovery Office of

New South Wales, or of a similar body established under a

law of a State or Territory;

(n) the Registrar or another appropriate officer of a court;

Schedule 9 Sharing information relevant to federal offenders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(o) a person who performs functions or duties in connection with

a superannuation scheme (within the meaning of the Crimes

(Superannuation Benefits) Act 1989) of a person who is or

was an employee (within the meaning of that Act);

(p) a practitioner (within the meaning of Part VAA of the Health

Insurance Act 1973) who has provided services (within the

meaning of that Part) to a federal offender.

20BZA Authorised officers may request or require information

relevant to federal offenders

Requesting information to be given

(1) An authorised officer may request a relevant person, or a person

prescribed by regulation for the purposes of this subsection, to give

the officer information that the officer reasonably believes to be

relevant to:

(a) the administration or execution of:

(i) this Part; or

(ii) section 15A (enforcement of fines); or

(iii) Division 5 (escape from criminal detention) of Part III;

(iv) the Crimes (Superannuation Benefits) Act 1989; or

(v) the Transfer of Prisoners Act 1983; or

(b) the exercise of a power under, or the performance of a

function or duty in connection with, a law of a State or

Territory applied by paragraph 68(1)(d) of the Judiciary Act

1903 (procedure for hearing and determining appeals arising

out of trials, convictions and connected proceedings); or

in right of the Commonwealth.

(2) The request need not be in writing.

Requiring information to be given

(3) An authorised officer may, by written notice, require a relevant

person, or a person prescribed by regulation for the purposes of this

subsection, to give the officer information of a kind mentioned in

subsection (1).

Sharing information relevant to federal offenders Schedule 9

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(4) A person given a notice under subsection (3) must, as soon as

practicable after the notice is given, comply with it to the extent

that he or she has, or can reasonably acquire, the information.

(5) Subsection (4) applies despite any other law of the

Commonwealth, a State or a Territory (whether written or

unwritten).

(6) Despite subsection (4), the Registrar or another officer of a court is

not required to comply with a notice given under subsection (3) to

the extent that the information relates to proceedings that have not

been finally determined by the court.

20BZB Authorised officers may disclose federal offender

information

(1) An authorised officer may disclose federal offender information to

a relevant person if the officer reasonably believes that the

disclosure is necessary to enable the relevant person to exercise the

person's powers, or to perform the person's functions or duties.

(2) An authorised officer may disclose federal offender information to

a person prescribed by regulation for the purposes of this

subsection in a circumstance prescribed by regulation in relation to

the person.

(3) Subsections (1) and (2) apply despite any other law of the

Commonwealth, a State or a Territory (whether written or

unwritten).

(4) In this section:

federal offender information means:

(a) information acquired by an authorised officer, or an APS

employee in the Department, in the exercise of a power

under, or the performance of a function or duty in connection

with:

(i) this Part; or

(ii) section 15A (enforcement of fines); or

(iii) Division 5 (escape from criminal detention) of Part III;

Schedule 9 Sharing information relevant to federal offenders

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(iv) the Crimes (Superannuation Benefits) Act 1989; or

(v) the Transfer of Prisoners Act 1983; or

(vi) a law of a State or Territory applied by

paragraph 68(1)(d) of the Judiciary Act 1903 (procedure

for hearing and determining appeals arising out of trials,

convictions and connected proceedings); or

(b) information acquired by an authorised officer in the

performance of a function or duty in connection with the

exercise of the Royal prerogative of mercy by the Crown in

right of the Commonwealth.

20BZC Delegation

The Secretary of the Department may, in writing, delegate any of

his or her powers or functions under this Division to an APS

employee in the Department who performs duties in connection

with:

(a) the administration or execution of:

(i) this Part; or

(ii) section 15A (enforcement of fines); or

(iii) Division 5 (escape from criminal detention) of Part III;

(iv) the Crimes (Superannuation Benefits) Act 1989; or

(v) the Transfer of Prisoners Act 1983; or

(b) a law of a State or Territory applied by paragraph 68(1)(d) of

the Judiciary Act 1903 (procedure for hearing and

determining appeals arising out of trials, convictions and

connected proceedings); or

in right of the Commonwealth.

AUSTRAC Schedule 10

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 10

--AUSTRAC

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

1 Subsection 75B(6)

After "beginning", insert "on the latest of the following days".

2 Paragraphs 75B(6)(a) and (b)

Repeal the paragraphs, substitute:

(a) the day the application is made;

(b) if the AUSTRAC CEO requests information under

subsection 75N(1) in relation to the application--the last day

such information is provided;

relation to the application--the day the person makes the

submission.

3 Paragraphs 169(2)(c) and (d)

Repeal the paragraphs, substitute:

(i) proceedings under this Act; or

(ii) proceedings under the Proceeds of Crime Act 2002 that

relate to this Act; or

(d) in criminal proceedings other than:

(i) proceedings for an offence against this Act; or

(ii) proceedings for an offence against the Criminal Code

that relates to this Act.

4 Application of amendments

The amendment made by item 3 applies in relation to information

given, or documents produced, on or after the commencement of this

item.

5 Paragraph 203(e)

Repeal the paragraph, substitute:

Australian Commission for Law Enforcement Integrity Schedule 11

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 11

--Australian Commission for Law

Enforcement Integrity

Law Enforcement Integrity Commissioner Act 2006

1 Subsection 5(1) (paragraph (a) of the definition of

significant corruption issue)

Repeal the paragraph, substitute:

(a) a corruption issue relating to serious corruption or systemic

corruption, unless the corruption issue relates to a law

enforcement agency for which an agreement under

subsection 17(1) is in force; or

2 Subsection 5(1) (subparagraph (b)(ii) of the definition of

significant corruption issue)

Omit "that the Integrity Commissioner and the head of the agency have

agreed under paragraph 17(1)(a)", substitute "agreed under

subsection 17(1)".

3 Subsection 10(1)

Repeal the subsection, substitute:

AFP staff members

(1) The following are staff members of the AFP for the purposes of

this Act:

(a) the Commissioner (within the meaning of the Australian

Federal Police Act 1979);

(b) an AFP appointee (within the meaning of that Act).

4 Paragraphs 10(5)(a) and (aa)

Repeal the paragraphs, substitute:

(a) a person is a secondee to the AFP if the person is referred to

in paragraph (g) of the definition of AFP appointee in

section 4 of the Australian Federal Police Act 1979; and

(aa) a person is a secondee to the AFP if the person:

Schedule 11 Australian Commission for Law Enforcement Integrity

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(i) is referred to in paragraph (c) or (d) of the definition of

AFP appointee in section 4 of the Australian Federal

Police Act 1979; and

(ii) is also an employee of another government agency; and

5 Subsection 17(1)

Omit "an agreement", substitute "a written agreement".

6 Subsections 17(2) and (3)

Repeal the subsections, substitute:

(2) The Integrity Commissioner may revoke the agreement by written

notice given to the head of the agency. The revocation takes effect

on a day specified in the notice, which must be at least 14 days

after the day it is given.

(3) Without limiting subsection (1), the agreement may set out how it

may be varied and other ways how it may be revoked.

7 Section 25

Repeal the section.

8 Before subsection 31(2)

Insert:

Integrity Commissioner must make a decision

9 After subsection 31(3)

Insert:

Requesting information to assist in making the decision

(3A) For the purposes of making a decision under subsection (2), the

Integrity Commissioner may request the head of a law enforcement

agency to give the Integrity Commissioner the information

specified in the request.

(3B) The head of the law enforcement agency must comply with the

request.

Australian Commission for Law Enforcement Integrity Schedule 11

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(3C) Subsection (3A) does not limit the information to which the

Integrity Commissioner may have regard in making a decision

under subsection (2).

Deciding to take no further action

10 Subsection 32(2)

Repeal the subsection, substitute:

Integrity Commissioner must make a decision

(2) The Integrity Commissioner must decide:

(a) to deal with the corruption issue in one of the ways referred

to in subsection 26(1) or 29(6); or

(b) to take no further action in relation to the corruption issue.

Requesting information to assist in making the decision

11 Subsections 32(3) and (5)

Omit "about how to deal with the corruption issue", substitute "under

subsection (2)".

12 At the end of section 32

Add:

Deciding to take no further action

(8) The Integrity Commissioner may decide under subsection (2) to

take no further action in relation to the corruption issue only if he

or she is satisfied that:

(a) the corruption issue is already being, or will be, investigated

by:

(i) a law enforcement agency; or

(ii) a government agency; or

(iii) an integrity agency for a State or Territory; or

(b) the corrupt conduct to which the corruption issue relates has

been, is or will be, the subject of proceedings before a court;

Schedule 11 Australian Commission for Law Enforcement Integrity

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

having regard to all the circumstances.

(9) The Integrity Commissioner must advise the head of the law

enforcement agency of a decision under subsection (2) to take no

further action in relation to the corruption issue. That advice must

be given:

(a) in writing; and

(b) as soon as reasonably practicable after the decision is made.

(10) This Act continues to apply to the head of the law enforcement

agency, and that agency, in relation to the corruption issue unless

the Integrity Commissioner advises otherwise:

(a) in the advice given under subsection (9); or

(b) in a later written advice given to the head of that agency.

13 Section 34

Repeal the section, substitute:

34 Person who refers corruption issue

The Integrity Commissioner may advise a person (or a

representative nominated by the person) of:

(a) the Integrity Commissioner's decision under section 31 in

relation to a corruption issue raised by the person in a referral

under section 23; and

(b) any decision the Integrity Commissioner makes under

section 42 on a reconsideration of how the corruption issue

should be dealt with.

14 Before subsection 38(1)

Insert:

Integrity Commissioner may decide to deal with a corruption issue

15 After subsection 38(2)

Insert:

Australian Commission for Law Enforcement Integrity Schedule 11

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Requesting information to assist in making the decision

(2A) For the purposes of making a decision under subsection (1), the

Integrity Commissioner may request the head of a law enforcement

agency to give the Integrity Commissioner the information

specified in the request.

(2B) The head of the law enforcement agency must comply with the

request.

(2C) Subsection (2A) does not limit the information to which the

Integrity Commissioner may have regard in making a decision

under subsection (1).

Directing law enforcement agency not to investigate

16 Before subsection 38(5)

Insert:

Becoming aware of another corruption issue

17 Subsection 52(3)

Repeal the subsection, substitute:

Person who refers issue under section 23

(3) The Integrity Commissioner may keep a person (or a representative

nominated by the person) informed of the progress of an

investigation of a corruption issue if the person raised the

corruption issue in a referral under section 23.

18 Subsections 58(1), (2) and (3)

Repeal the subsections, substitute:

Advice to person who referred issue under section 23

(1) The Integrity Commissioner may advise a person (or a

representative nominated by the person) of the outcome of an

investigation of a corruption issue raised by the person in a referral

under section 23.

Schedule 11 Australian Commission for Law Enforcement Integrity

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Manner of giving advice

(2) One way of advising the person (or the representative) is to give a

copy of all or part of any report prepared under subsection 54(1) in

relation to the investigation.

19 Subsection 58(6)

Repeal the subsection.

20 Subsection 65(2)

Repeal the subsection, substitute:

Person who referred issue under section 23

(2) The head of a law enforcement agency may keep a person (or a

representative nominated by the person) informed of the progress

of the agency's investigation of a corruption issue:

(a) referred to the agency under paragraph 26(1)(b) or (c); and

(b) raised by the person in a referral under section 23.

21 Section 68

Repeal the section, substitute:

68 Advising person who referred corruption issue of outcome of the

investigation

(1) The head of a law enforcement agency or Commonwealth

government agency may advise a person (or a representative

nominated by the person) of the outcome of the agency's

investigation of a corruption issue:

(a) raised by the person in a referral under section 23; and

(b) referred to the agency under paragraph 26(1)(b) or (c) or

29(6)(a).

(2) One way of advising the person (or the representative) is to give a

copy of all or part of any report prepared under section 66 in

relation to the investigation.

22 Paragraph 89(1)(b)

Repeal the paragraph, substitute:

Australian Commission for Law Enforcement Integrity Schedule 11

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(b) would breach a secrecy provision; or

23 Paragraph 117(1)(b)

Omit "use the", substitute "use".

24 Subsection 199(3)

Repeal the subsection.

25 Subsection 208(6)

Omit "the person's", substitute "that or another person's".

26 At the end of paragraph 219(4)(b)

Add "(other than section 97)".

27 Application of amendments

(1)

Subsection 17(2) of the Law Enforcement Integrity Commissioner Act

2006 (as inserted by this Schedule) applies to agreements made on or

after the day that subsection commences.

(2)

Subsection 17(3) of the Law Enforcement Integrity Commissioner Act

2006 (as inserted by this Schedule) applies to agreements made before,

on or after the day that subsection commences.

(3)

The amendments made by items 7, 13, 17, 18, 19, 20 and 21 apply in

relation to referrals under section 23 of the Law Enforcement Integrity

Commissioner Act 2006 given on or after the day those items

commence.

(4)

The amendments made by items 8 and 9 apply in relation to

notifications, or referrals, referred to in subsection 31(1) of the Law

Enforcement Integrity Commissioner Act 2006 that are given on or after

the day those items commence.

(5)

The amendments made by items 10 to 12 apply in relation to

notifications referred to in subsection 32(1) of the Law Enforcement

Integrity Commissioner Act 2006 that are given on or after the day those

items commence.

(6)

The amendment made by item 24 applies in relation to persons engaged

before, on or after the day that item commences.

Australian Crime Commission Schedule 12

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 12

--Australian Crime Commission

Australian Crime Commission Act 2002

1 Subsection 4(1) (paragraph (b) of the definition of eligible

person)

Repeal the paragraph, substitute:

(b) a member of the staff of the ACC who is also a constable.

2 Subsection 20(4) (note)

Repeal the note.

3 At the end of subsection 20(4)

Add:

Penalty: Imprisonment for 6 months or 10 penalty units.

4 Subsection 20(6) (penalty)

Repeal the penalty.

5 Section 24AB (heading)

Repeal the heading, substitute:

24AB When returnable items must be returned--general

6 After section 24AB

Insert:

24ABA Examiner may direct that returnable items be returned

(1) If an examiner conducting an examination is satisfied that a

returnable item produced by a person during the examination:

(a) is not required (or is no longer required) for the purposes of

the ACC operation/investigation to which the examination

relates; or

(b) will no longer be so required once certain conditions (the

return conditions) have been met;

Schedule 12 Australian Crime Commission

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

the examiner may, at or before the time the person is excused or

released from further attendance at the examination, direct that the

item be returned to:

(d) the owner, if the person is not entitled to possess it.

(2) The direction may specify that the return of the item is subject to

any return conditions being met.

(3) Members of the staff of the ACC, or any person who has been

present at the examination and is in possession of the item, must

comply with the direction.

(4) The examiner or the CEO may vary or revoke the direction.

7 Schedule 1

After:

Air Navigation Act 1920, section 27A

insert:

Australian Human Rights Commission Act 1986, section 49.

8 Schedule 1

After "Census and Statistics Act 1905, section 19", insert ", 19A or

19B".

9 Schedule 1

Omit:

Human Rights Commission Act 1981, section 34

10 Schedule 1

Omit:

Social Security Act 1991, sections 1312 to 1321

substitute:

Reserve Bank Act 1959, section 79B

Social Security (Administration) Act 1999, Division 3 of Part 5

11 Schedule 1

Omit:

Australian Crime Commission Schedule 12

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Reserve Bank Act 1959, section 79B

Sub-regulation 283(1) of the Air Navigation Regulations

Sections 60 and 61 of the Adoption of Children Ordinance 1965 of

the Australian Capital Territory

substitute:

Transport Safety Investigation Act 2003, section 53 or 60

12 Application of amendments

The amendment made by item 6 applies in relation to items produced

before, at or after the commencement of that item.

Schedule 13 Proceeds of crime--penalties

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 13

--Proceeds of crime--penalties

Proceeds of Crime Act 2002

1 Subsection 211(1) (penalty)

Repeal the penalty, substitute:

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

2 Subsection 218(1) (penalty)

Repeal the penalty, substitute:

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

Proceeds of crime--other matters Schedule 14

Proceeds and instruments of offences Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 14

--Proceeds of crime--other

matters

Part 1

--Proceeds and instruments of offences

Proceeds of Crime Act 2002

1 Paragraph 330(4)(e)

Repeal the paragraph, substitute:

(e) if the property is forfeited, confiscated or otherwise disposed

of under a

corresponding law (whether or not because of an

order made under that law); or

2 Application

Paragraph 330(4)(e) of the Proceeds of Crime Act 2002, as amended by

this Part, applies whether the forfeiture, confiscation or other disposal

occurred before, on or after the commencement of this Part.

Schedule 14 Proceeds of crime--other matters

Part 2 Related offences

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 2

--Related offences

Division 1

--Main amendments

Proceeds of Crime Act 2002

3 Section 338 (definition of related offence)

Repeal the definition, substitute:

related offence: an offence is a related offence in relation to

another offence if the physical elements of the 2 offences are:

(a) substantially the same acts or omissions; or

(b) acts or omissions in a single series.

4 Application of new definition of related offence

The definition of related offence in section 338 of the Proceeds of

Crime Act 2002, as amended by this Division, applies in relation to:

(a) restraining orders applied for on or after the commencement

of this Division; and

(b) interstate pecuniary penalty orders made on or after that

commencement;

whether the physical elements of either or both of the offences

concerned occurred before, on or after that commencement.

Division 2

--Corresponding amendments

Australian Federal Police Act 1979

5 Section 42

Repeal the section, substitute:

42 Related offences

For the purposes of this Act, 2 offences are related to each other if

the physical elements of the 2 offences are:

(a) substantially the same acts or omissions; or

Proceeds of crime--other matters Schedule 14

Related offences Part 2

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

(b) acts or omissions in a single series.

6 Application of new section 42

Section 42 of the Australian Federal Police Act 1979, as amended by

this Division, applies in relation to a restraining order applied for on or

after the commencement of this Division, whether the physical elements

of either or both of the offences concerned occurred before, on or after

that commencement.

Crimes (Superannuation Benefits) Act 1989

7 Section 3

Repeal the section, substitute:

3 Related offences

For the purposes of this Act, 2 offences are related to each other if

the physical elements of the 2 offences are:

(a) substantially the same acts or omissions; or

(b) acts or omissions in a single series.

8 Application of new section 3

Section 3 of the Crimes (Superannuation Benefits) Act 1989, as

amended by this Division, applies in relation to a restraining order

applied for on or after the commencement of this Division, whether the

physical elements of either or both of the offences concerned occurred

before, on or after that commencement.

Mutual Assistance in Criminal Matters Act 1987

9 Subsection 3(1) (definition of related foreign serious

offence)

Repeal the definition, substitute:

related foreign serious offence: a foreign serious offence is a

related foreign serious offence in relation to another foreign

serious offence if the physical elements of the 2 offences are:

(a) substantially the same acts or omissions; or

Schedule 14 Proceeds of crime--other matters

Part 2 Related offences

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(b) acts or omissions in a single series.

10 Application of new definition of related foreign serious

offence

The definition of related foreign serious offence in subsection 3(1) of

the Mutual Assistance in Criminal Matters Act 1987, as amended by

this Division, applies in relation to a foreign pecuniary penalty order

made on or after the commencement of this Division, whether the

physical elements of either or both of the offences concerned occurred

before, on or after that commencement.

Proceeds of crime--other matters Schedule 14

Approved examiners Part 3

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 3

--Approved examiners

Proceeds of Crime Act 2002

11 Subsection 183(4)

Repeal the subsection, substitute:

Approved examiners

(4) An approved examiner is a person who holds an appointment

under this section.

(5) The Minister may appoint as an

approved examiner:

(a) a person who holds an office, or is included in a class of

people, specified in the regulations; or

(b) a person who:

(i) is enrolled as a legal practitioner of the High Court, of

another federal court or of the Supreme Court of a State

or Territory; and

(ii) has been so enrolled for at least 5 years; and

(iii) has indicated to the Minister that the person is willing to

be appointed.

(6) An

approved examiner may resign his or her appointment by

giving the Minister a written resignation. The resignation takes

effect on the day it is received by the Minister or, if a later day is

specified in the resignation, on that later day.

(7) The Minister may revoke an appointment of an

approved

examiner.

12 Transitional provision for approved examiners

A person who was an approved examiner for the purposes of the

Proceeds of Crime Act 2002 immediately before the commencement of

this Part is taken to have been appointed under subsection 183(5) of that

Act on the commencement of this Part. This does not prevent later

resignation or revocation of the appointment.

Schedule 14 Proceeds of crime--other matters

Part 4 Official Trustee's role

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Part 4

--Official Trustee's role

Proceeds of Crime Act 2002

13 After section 315B

Insert:

315C Official Trustee may bring proceedings on behalf of the

Commonwealth

The

Official Trustee may bring proceedings on behalf of the

Commonwealth if, in the Official Trustee's opinion, doing so will

facilitate the performance of a function or duty, or the exercise of a

power, of the Official Trustee under this Act.

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Schedule 15

--State law enforcement agencies

Part 1

--Main amendments

Australian Postal Corporation Act 1989

1 After paragraph 90J(6)(c)

Insert:

(ca) the Independent Commissioner Against Corruption Act 2012

(SA); or

2 After paragraph 90LC(5)(c)

Insert:

(ca) the Independent Commissioner Against Corruption Act 2012

(SA); or

Crimes Act 1914

3 Subsection 3ZQU(7) (paragraphs (b) to (g) of the definition

of State or Territory law enforcement agency)

Repeal the paragraphs, substitute:

(b) the New South Wales Crime Commission; or

South Wales; or

(d) the Police Integrity Commission of New South Wales; or

(e) the Independent Broad-based Anti-corruption Commission of

Victoria; or

(f) the Crime and Corruption Commission of Queensland; or

(g) the Corruption and Crime Commission of Western Australia;

(h) the Independent Commissioner Against Corruption of South

Australia.

4 Section 85ZL (at the end of paragraphs (a) to (e) of the

definition of law enforcement agency)

Add "or".

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

5 Section 85ZL (paragraphs (f) and (g) of the definition of law

enforcement agency)

Repeal the paragraphs, substitute:

(f) the Independent Commission Against Corruption of New

South Wales, or a similar body established under a law of

another State; or

(fa) the Independent Commissioner Against Corruption of South

Australia, or a similar officer appointed under a law of

another State, other than an officer belonging to a body to

which paragraph (f) applies; or

(g) the New South Wales Crime Commission, or a similar body

established under a law of another State; or

6 Section 85ZL (at the end of paragraphs (h) and (j) of the

definition of law enforcement agency)

Add "or".

Criminal Code Act 1995

7 Section 473.1 of the Criminal Code (paragraph (k) of the

definition of law enforcement officer)

Repeal the paragraph, substitute:

(k) an authorised commission officer of the Crime and

Corruption Commission of Queensland within the meaning

of the Crime and Corruption Act 2001 (Qld);

(l) the Independent Commissioner Against Corruption of South

Australia, the Deputy Commissioner, a member of the staff

of the Commissioner, or an examiner or investigator, within

the meaning of the Independent Commissioner Against

Corruption Act 2012 (SA).

Mutual Assistance in Criminal Matters Act 1987

8 Subsection 13A(6) (definition of authorised officer)

Omit "section 6 of".

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

9 Subsection 13A(6) (definition of enforcement agency)

Omit "section 6 of".

10 Subsection 15CA(2) (definition of eligible law enforcement

officer)

Omit "referred to in paragraph (a) or (c) of the definition of law

enforcement officer set out in subsection 6(1)", substitute "mentioned

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

item 5 of the table in subsection 6A(7),".

Privacy Act 1988

11 Subsection 6(1) (paragraph (l) of the definition of

enforcement body)

Omit "Misconduct", substitute "Corruption".

12 Subsection 6(1) (after paragraph (la) of the definition of

enforcement body)

Insert:

(lb) the Independent Commissioner Against Corruption of South

Australia; or

Radiocommunications Act 1992

13 Paragraphs 27(1)(ba) to (bd)

Repeal the paragraphs, substitute:

(ba) one of the following bodies or offices:

(i) the Independent Commission Against Corruption of

New South Wales;

(ii) the Corruption and Crime Commission of Western

Australia;

(iii) the Independent Commissioner Against Corruption of

South Australia; or

(bb) one of the following bodies:

(i) the New South Wales Crime Commission;

(ii) the Crime and Corruption Commission of Queensland;

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

(bc) the Australian Crime Commission; or

(bd) the New South Wales Police Integrity Commission; or

Surveillance Devices Act 2004

14 Subsection 6(1) (definition of AFP employee)

Repeal the definition.

15 Subsection 6(1) (definition of appropriate authorising

officer)

Repeal the definition, substitute:

appropriate authorising officer:

(a) of a law enforcement agency--has the meaning given by

subsection 6A(4); or

(b) in relation to a law enforcement officer belonging to or

seconded to a law enforcement agency--means an

appropriate authorising officer of the law enforcement

agency.

Note:

See also subsection (4) of this section (persons who belong or are

seconded to the Australian Crime Commission or the Australian

Commission for Law Enforcement Integrity).

16 Subsection 6(1) (definition of Assistant Integrity

Commissioner)

Repeal the definition.

17 Subsection 6(1) (definition of Australian Crime

Commission)

Repeal the definition.

18 Subsection 6(1) (definition of chief officer)

Repeal the definition, substitute:

chief officer has the meaning given by subsection 6A(2).

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

19 Subsection 6(1) (definition of Corruption and Crime

Commission)

Repeal the definition.

20 Subsection 6(1) (definition of Crime and Misconduct

Commission)

Repeal the definition.

21 Subsection 6(1)

Insert:

executive level has the meaning given by subsection 6A(8).

22 Subsection 6(1) (definition of federal law enforcement

officer)

Omit "referred to in paragraph (a), (aa) or (b) of the definition of law

enforcement officer", substitute "mentioned in column 3 of the table in

subsection 6A(6)".

23 Subsection 6(1) (definition of Integrity Commissioner)

Repeal the definition.

24 Subsection 6(1) (definition of law enforcement agency)

Repeal the definition, substitute:

law enforcement agency has the meaning given by

subsection 6A(1).

25 Subsection 6(1) (definition of law enforcement officer)

Repeal the definition, substitute:

law enforcement officer has the meaning given by

subsection 6A(3).

26 Subsection 6(1) (definition of New South Wales Crime

Commission)

Repeal the definition.

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

27 Subsection 6(1) (definition of Police Integrity Commission)

Repeal the definition.

28 Subsection 6(1) (definition of State or Territory law

enforcement officer)

Omit "referred to in paragraph (c), (d), (e), (f), (g) or (h) of the

definition of law enforcement officer", substitute "mentioned in

column 3 of the table in subsection 6A(7)".

29 Section 6A

Repeal the section, substitute:

6A Law enforcement agencies

(1) A body or officer mentioned in an item of column 1 of the table in

subsection (6) or (7) is a law enforcement agency.

(2) The chief officer, of the law enforcement agency, is the person

mentioned in column 2 of the item.

(3) A law enforcement officer, in relation to the law enforcement

agency, is a person mentioned in column 3 of the item.

(4) An appropriate authorising officer, of the law enforcement

agency, is a person mentioned in column 4 of the item.

(5) The chief officer of the law enforcement agency may authorise, in

writing, a person to be an appropriate authorising officer of the

agency if column 4 of the item so provides.

(6) This table deals with federal law enforcement agencies:

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Federal law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

Australian

Federal Police

the

Commissioner

of Police

(a) the

Commissioner

of Police; or

(b) a Deputy

Commissioner

of Police; or

employee

(within the

meaning of the

Australian

Federal Police

Act 1979); or

(d) a special

member; or

(e) a person

seconded to the

Australian

Federal Police

(a) the

Commissioner

of Police; or

(b) a Deputy

Commissioner

of Police; or

executive AFP

employee the

chief officer

authorises under

subsection (5)

10 Australian

Commission

for Law

Enforcement

Integrity

the Integrity

Commissioner

(a) the Integrity

Commissioner;

(b) an Assistant

Integrity

Commissioner;

of ACLEI

(within the

meaning of the

Law

Enforcement

Integrity

Commissioner

Act 2006)

authorised under

(a) the Integrity

Commissioner;

(b) an Assistant

Integrity

Commissioner;

of ACLEI who

is an SES

employee the

chief officer

authorises under

subsection (5)

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Federal law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

section 6B

15 Australian

Crime

Commission

the Chief

Executive

Officer of the

Commission

(a) the Chief

Executive

Officer; or

(b) a person

covered by a

paragraph of the

definition of

member of the

staff of the ACC

in section 4 of

the Australian

Crime

Commission Act

2002

(a) the Chief

Executive

Officer; or

(b) an executive

level member of

the staff of the

ACC the chief

officer

authorises under

subsection (5)

(7) This table deals with State and Territory law enforcement agencies:

State and Territory law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

police force of

a State or

Territory

the

Commissioner

of Police in the

police force, or

the person

holding

equivalent rank

(a) an officer

(however

described) of

the police force;

(b) a person

seconded to the

police force

(a) the

Commissioner

or the person

holding

equivalent rank;

(b) an Assistant

Commissioner

or a person

holding

equivalent rank;

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

State and Territory law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

or a person

holding

equivalent rank

10 Independent

Commission

Against

Corruption of

New South

Wales

the

Commissioner

for the

Commission

an officer of the

Commission

(within the meaning

of the Independent

Commission

Against Corruption

Act 1988 (NSW))

(a) the

Commissioner;

(b) an Assistant

Commissioner;

level officer of

the Commission

who the chief

officer

authorises under

subsection (5)

15 New South

Wales Crime

Commission

the

Commissioner

for the

Commission

(a) a member of the

Commission; or

(b) a member of the

staff of the

Commission;

(within the meaning

of the New South

Wales Crime

Commission Act

1985 (NSW))

(a) a member of the

Commission; or

(b) an executive

level member of

the Staff of the

Commission the

chief officer

authorises under

subsection (5)

20 Police

Integrity

Commission

of New South

Wales

the

Commissioner

for the

Commission

an officer of the

Commission

(within the meaning

of the Police

Integrity

Commission Act

1996 (NSW))

(a) the

Commissioner;

(b) an Assistant

Commissioner;

level member of

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

State and Territory law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

the Staff of the

Commission

(within the

meaning of that

Act) the chief

officer

authorises under

subsection (5)

25 Crime and

Corruption

Commission

of Queensland

the chairman of

the Commission

an authorised

commission officer

(within the meaning

of the Crime and

Corruption Act

2001 (Qld))

(a) the chairman; or

(b) a senior

executive

officer (within

the meaning of

that Act)

30 Corruption

and Crime

Commission

of Western

Australia

the

Commissioner

of the

Commission

an officer of the

Commission

(within the meaning

of the Corruption

and Crime

Commission Act

2003 (WA))

the Commissioner

35 Independent

Commissioner

Against

Corruption of

South

Australia

the

Commissioner

(a) the

Commissioner;

(b) the Deputy

Commissioner;

staff of the

Commissioner

(within the

meaning of the

Independent

Commissioner

Against

Corruption Act

(a) the

Commissioner;

(b) the Deputy

Commissioner;

level member of

the staff of the

Commissioner

the chief officer

authorises under

subsection (5)

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

State and Territory law enforcement agencies

Column 1

Column 2

Column 3

Column 4

Law

enforcement

agency

Chief officer

Law enforcement

officer

Appropriate

authorising officer

2012 (SA)); or

(d) an examiner or

investigator

(within the

meaning of that

Act)

(8) A person is executive level, in relation to a law enforcement

agency of a State, if the person occupies an office or position at an

equivalent level to that of:

(a) if the State is New South Wales--a senior executive officer

(within the meaning of the Public Sector Employment and

Management Act 2002 (NSW)); or

(b) if the State is South Australia--an executive employee

(within the meaning of the Public Sector Act 2009 (SA)).

30 Savings provision

--authorisations

An authorisation:

(a) made under section 6A of the Surveillance Devices Act 2004;

and

(b) in force just before the commencement of this item;

is taken, from that commencement, to have been made under

subsection 6A(5) of that Act, as amended by this Part.

31 Paragraph 45(5)(h)

Omit "Misconduct", substitute "Corruption".

Taxation Administration Act 1953

32 After paragraph 355-70(4)(k) in Schedule 1

Insert:

(ka) the Independent Commissioner Against Corruption of South

Australia; or

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

33 Application of amendments

--Taxation Administration Act

1953

The amendment made by item 32 applies in relation to records and

disclosures of information made on or after the commencement of this

item (regardless of when the information was acquired).

Telecommunications (Interception and Access) Act 1979

34 Subsection 5(1) (paragraph (f) of the definition of

certifying officer)

Repeal the paragraph, substitute:

(f) in the case of the Crime and Corruption Commission:

(i) the chairman (as defined by the Crime and Corruption

Act); or

(ii) a senior executive officer (as defined by the Crime and

Corruption Act); or

35 Subsection 5(1) (paragraph (f) of the definition of chief

officer)

Repeal the paragraph, substitute:

(f) in the case of the Crime and Corruption Commission--the

chairman of the Commission; or

36 Subsection 5(1) (paragraph (b) of the definition of

Commissioner)

Repeal the paragraph, substitute:

(b) in relation to the Crime and Corruption Commission--a

member of the Commission, including the chairman.

37 Subsection 5(1)

Insert:

Crime and Corruption Act means the Crime and Corruption Act

2001 (Qld).

Crime and Corruption Commission means the Crime and

Corruption Commission (Qld).

State law enforcement agencies Schedule 15

Main amendments Part 1

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

38 Subsection 5(1) (definition of Crime and Misconduct Act)

Repeal the definition.

39 Subsection 5(1) (definition of Crime and Misconduct

Commission)

Repeal the definition.

40 Subsection 5(1) (paragraph (a) of the definition of deputy

PIM)

Omit "Misconduct", substitute "Corruption".

41 Subsection 5(1) (paragraph (c) of the definition of eligible

authority)

Omit "Misconduct", substitute "Corruption".

42 Subsection 5(1) (paragraph (f) of the definition of officer)

Omit "Misconduct" (wherever occurring), substitute "Corruption".

43 Subsection 5(1) (paragraph (ga) of the definition of

permitted purpose)

Repeal the paragraph, substitute:

(ga) in the case of the Crime and Corruption Commission:

(i) an investigation under the Crime and Corruption Act

into whether corruption (within the meaning of that Act)

may have occurred, may be occurring or may be about

to occur; or

(ii) a report on such an investigation; or

44 Subsection 5(1) (subparagraph (b)(i) of the definition of

PIM)

Omit "Misconduct", substitute "Corruption".

45 Subsection 5(1) (paragraph (d) of the definition of

prescribed investigation)

Omit "Misconduct" (wherever occurring), substitute "Corruption".

Schedule 15 State law enforcement agencies

Part 1 Main amendments

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

46 Subsection 5(1) (paragraph (f) of the definition of relevant

offence)

Omit "Misconduct", substitute "Corruption".

47 Paragraph 5B(1)(kb)

Omit "Misconduct", substitute "Corruption".

48 Subparagraph 6A(1)(c)(iii)

Omit "Misconduct", substitute "Corruption".

49 Paragraph 6L(2)(c)

Omit "Misconduct", substitute "Corruption".

50 Paragraph 39(2)(f)

Omit "Misconduct" (wherever occurring), substitute "Corruption".

51 Paragraph 68(h)

Omit "Misconduct" (wherever occurring), substitute "Corruption".

State law enforcement agencies Schedule 15

Amendments contingent on the Telecommunications (Interception and Access)

Amendment (Data Retention) Act 2015 Part 2

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

Part 2

--Amendments contingent on the

Telecommunications (Interception and

Access) Amendment (Data Retention) Act

2015

Telecommunications (Interception and Access) Act 1979

52 Subsection 5(1) (paragraph (i) of the definition of

enforcement agency)

Omit "Misconduct", substitute "Corruption".

53 Paragraph 110A(1)(j)

Omit "of Queensland".

Schedule 16 Controlled operations

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 16

--Controlled operations

Crimes Act 1914

1 Section 15GC (before paragraph (a) of the definition of

appropriate authorising officer)

Insert:

(aa) if the controlled operation is a major controlled operation

conducted by the Australian Federal Police--the

Commissioner or a Deputy Commissioner;

2 Section 15GC (paragraph (a) of the definition of appropriate

authorising officer)

Omit "if the authority to conduct the controlled operation was granted

by an AFP authorising officer", substitute "if the controlled operation is

not a major controlled operation conducted by the Australian Federal

Police".

3 At the end of subsection 15GO(5)

Add ", including an alteration that would change the nature of the

criminal offences to which the controlled operation relates".

4 After subsection 15GQ(1)

Insert:

(1A) Despite subsection (1), an appropriate authorising officer must

refer an application for a variation of an authority to the

Commissioner or a Deputy Commissioner if varying the authority

would have the effect that the controlled operation would be a

major controlled operation by virtue of paragraph 15GD(2)(a).

5 At the end of section 15GQ

Add:

(3) Despite subsection (2), an appropriate authorising officer (other

than the Commissioner or a Deputy Commissioner) must not vary

an authority on the authorising officer's own initiative if doing so

Controlled operations Schedule 16

No. , 2015

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

would have the effect that the controlled operation would be a

major controlled operation by virtue of paragraph 15GD(2)(a).

6 Application

The amendments made by this Schedule apply, in relation to an

authority, to a variation that is granted on or after the day this item

commences:

(a) whether the authority was granted before that day; and

(b) if the variation is the result of an application, whether the

application was made before that day.

7 Savings provision

To avoid doubt, the amendments made by this Schedule do not affect:

(a) a controlled operation varied before the day this item

commences; or

(b) any conduct engaged in in the course of, and for the purposes

of, such a controlled operation.

Schedule 17 Technical corrections

Crimes Legislation Amendment (Powers, Offences and Other

Measures) Bill 2015

No. , 2015

Schedule 17

--Technical corrections

Classification (Publications, Films and Computer Games)

Act 1995

1 At the end of paragraphs 23(1)(b) and 23A(1)(b)

Add "and".

Note:

This item adds conjunctions at the end of paragraphs, for consistency with current

drafting practice.

2 Paragraph 24(1)(c)

Repeal the paragraph.

3 After paragraph 24(1A)(b)

Insert:

; and (c) if the computer game is being published in the Australian

Capital Territory--the computer game is not subject to a

conditional cultural exemption in relation to the publication;

Commonwealth of Australia Bills

CRIMES LEGISLATION AMENDMENT (POWERS, OFFENCES AND OTHER MEASURES) BILL 2015