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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Crimes
Legislation Enhancement Bill 2002
No. ,
2002
(Justice and
Customs)
A Bill for an Act to amend the
Crimes Act 1914 and other legislation relating to criminal law or law
enforcement, and for related purposes
Contents
Part 1—Taking offenders’ fingerprints and
photographs 5
Part 2—Identification
parades 6
Part 3—Dealing summarily with some indictable
offences 7
Part 4—Technical corrections of sentencing and parole
provisions 9
Australian Federal Police Act
1979 10
Crimes at Sea Act
2000 10
Crimes Legislation Amendment Act (No. 2)
1989 10
Foreign Evidence Act
1994 10
International War Crimes Tribunals Act
1995 11
Law and Justice Legislation Amendment Act (No. 2)
1994 12
Mutual Assistance in Business Regulation Act
1992 12
Retirement Savings Accounts (Consequential Amendments) Act
1997 12
Part 1—Corrections relating to Part 1AA of the Crimes Act
1914 13
Commonwealth Places (Application of Laws) Act
1970 13
Crimes Act
1914 13
Crimes (Search Warrants and Powers of Arrest) Amendment Act
1994 13
Part 2—Corrections relating to Part 1A of the Crimes Act
1914 14
Crimes Amendment (Controlled Operations) Act
1996 14
Part 3—Corrections relating to Part 1B of the Crimes Act
1914 15
Commonwealth Places (Application of Laws) Act
1970 15
Crimes Act
1914 15
Migration Act
1958 15
Part 4—Corrections relating to Part IC of the Crimes Act
1914 17
Commonwealth Places (Application of Laws) Act
1970 17
Crimes Act
1914 17
Customs Act
1901 18
Environment Protection and Biodiversity Conservation Act
1999 18
Excise Act
1901 18
Export Control Act
1982 19
Quarantine Act
1908 19
Part 5—Corrections relating to Part 1D of the Crimes Act
1914 20
Commonwealth Places (Application of Laws) Act
1970 20
Crimes Act
1914 20
Crimes Amendment (Forensic Procedures) Act
1998 20
Part 6—Saving
provision 21
A Bill for an Act to amend the Crimes Act 1914 and
other legislation relating to criminal law or law enforcement, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Crimes Legislation Enhancement Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act 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.
Part 1—Taking
offenders’ fingerprints and photographs
1 Subsection 3ZL(1)
Omit “fingerprints or”, substitute “fingerprints
and/or”.
2 After subsection 3ZL(3)
Insert:
(3A) The judge or magistrate may also make any other orders that are
reasonably necessary for ensuring that the impressions of the person’s
fingerprints and/or a photograph of the person are taken in accordance with the
order under subsection (1). For example, the judge or magistrate may order
the person to attend a specified police station at a specified time.
(3B) A person commits an offence if:
(a) the person is subject to an order under subsection (3A);
and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the order.
Penalty: Imprisonment for 12 months.
(3C) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
3 Paragraph 3ZM(3)(b)
Repeal the paragraph, substitute:
(b) if he or she refuses to take part in the parade:
(i) evidence of the refusal may be given in later proceedings relating to
an offence, for the purpose of explaining why an identification parade was not
held; and
(ii) evidence may be given in such proceedings of any identification of
the suspect by a witness as a result of having seen a photograph or having seen
the suspect otherwise than during an identification parade; and
Part 3—Dealing
summarily with some indictable offences
4 Subsection 4J(4)
Omit “$500”, substitute “$5,000”.
5 Application
The amendment of subsection 4J(4) of the Crimes Act 1914 by this
Schedule applies in relation to indictable offences committed after the start of
the day on which this Act receives the Royal Assent.
6 After section 4J
Insert:
(1) A court of summary jurisdiction may hear and determine an indictable
offence if:
(a) the offence is not punishable by imprisonment; and
(b) the pecuniary penalty for the offence is not more than 600 penalty
units for an individual or 3,000 penalty units for a body corporate;
and
(c) the defendant and prosecution consent.
(2) If the defendant is convicted, the court may impose a pecuniary
penalty of:
(a) not more than 60 penalty units for an individual or 300 penalty units
for a body corporate if the offence would be punishable on indictment by a
pecuniary penalty of not more than 300 penalty units for an individual or 1,500
penalty units for a body corporate; or
(b) not more than 120 penalty units for an individual or 600 penalty units
for a body corporate if the offence would be punishable on indictment by a
pecuniary penalty of not more than 600 penalty units for an individual or 3,000
penalty units for a body corporate.
However, the court may not impose a pecuniary penalty greater than the
penalty that could have been imposed if the offence had been prosecuted on
indictment.
(3) This section has effect subject to any contrary intention indicated by
the law creating the offence.
(4) Without limiting subsection (3), this section does not apply to
an indictable offence:
(a) created by a law that provides that the offence may be heard and
determined by a court of summary jurisdiction; or
(b) described in subsection 4J(4) (about offences relating to property
valued at $5,000 or less).
7 Application
Section 4JA of the Crimes Act 1914 applies to proceedings for
an offence that were instituted after this Act received the Royal Assent
(whether the offence was committed before or after this Act received the Royal
Assent).
Part 4—Technical
corrections of sentencing and parole provisions
8 Paragraph 16A(2)(f)
Omit “for the offence;”, substitute “for the
offence:”.
9 Paragraph 19AS(1)(b)
Omit “federal”, substitute
“federal,”.
Australian Federal Police
Act 1979
1 Subsection 8(1)
Omit “Subject to subsection (2C), the”, substitute
“The”.
2 Subsection 6A(1)
Omit “law in force in the Northern Territory”, substitute
“law of the Northern Territory”.
3 Subsection 6A(7) (definition of criminal
act)
Omit “law in force in the Northern Territory”, substitute
“law of the Northern Territory”.
4 Application
The amendments of the Crimes at Sea Act 2000 made by this Schedule
apply in relation to conduct engaged in after the start of the day on which this
Act receives the Royal Assent.
Crimes Legislation
Amendment Act (No. 2) 1989
5 Paragraph 10(a)
Omit “a law”, substitute “the law”.
Note: This corrects a misdescribed amendment of
section 19B of the Crimes Act 1914.
6 Paragraph 17(a)
Omit “the law”, substitute “a law”.
Note: This corrects a misdescribed amendment of
section 21B of the Crimes Act 1914.
7 Subsection 22(2)
Repeal the subsection, substitute:
(2) The testimony must purport to be signed or certified by a judge,
magistrate or officer in or of the foreign country to which the request was
made.
International War Crimes
Tribunals Act 1995
8 Section 4 (definition of
possession)
Repeal the definition.
9 At the end of
section 29
Add:
(3) If the Tribunal so requests, the Magistrate conducting a proceeding
under section 27 or 28 (or both) may permit examination or
cross-examination of a person giving evidence or producing a document or other
article at the proceeding, by:
(a) the person to whom the proceeding before, or the investigation
conducted by, the Tribunal relates; or
(b) that person’s legal representative; or
(c) the Tribunal’s legal representative;
through a video link.
(4) In this section:
video link means a video and sound system that enables
persons assembled in the Tribunal’s premises (or premises nominated by the
Tribunal) to see, hear and talk to persons assembled in a place in another
country.
10 Subparagraph 66(2)(b)(i)
Omit “and”, substitute “or”.
11 Application
The amendment made by item 10 applies to action taken in the course of
arresting a person after the commencement of this item, regardless of whether
the arrest is made under a warrant issued before or after that
commencement.
12 Section 80
After “47A”, insert “, 47C”.
13 Application
The amendment made by item 12 applies in relation to the escape of a
person after the commencement of this item, whether or not the person was in
custody from before that commencement or was arrested before that
commencement.
Law and Justice Legislation
Amendment Act (No. 2) 1994
14 Item 7 of
Schedule 1
After “‘court’”, insert “(wherever
occurring)”.
Note: This corrects a misdescribed amendment of
section 3ZN of the Crimes Act 1914.
Mutual Assistance in
Business Regulation Act 1992
15 Subsection 22(1)
Omit “to the Department or a Deputy Secretary”, substitute
“of the Department or an APS employee”.
16 Subsections 22(2) and
(3)
Repeal the subsections.
Retirement Savings Accounts
(Consequential Amendments) Act 1997
17 Item 4 of
Schedule 19
After “‘the account’”, insert “(first
occurring)”.
Note: This corrects a misdescribed amendment of the
Financial Transaction Reports Act 1988.
Part 1—Corrections
relating to Part 1AA of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
1 Schedule
Omit Part 1AA”, substitute
“Part IAA”.
2 Paragraph 23C(7)(fa)
Omit “Part 1AA”, substitute
“Part IAA”.
3 Part 1AA (heading)
Repeal the heading, substitute:
4 Section 23YR (note)
Omit “Part 1AA”, substitute
“Part IAA”.
Note: The heading to section 23YR is altered by
omitting “Part 1AA” and substituting
“Part IAA”.
Crimes (Search Warrants and
Powers of Arrest) Amendment Act 1994
5 Section 4
Omit “Part 1 of the Principal Act”, substitute
“Part I of the Principal Act”.
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
Part 2—Corrections
relating to Part 1A of the Crimes Act 1914
Crimes Amendment
(Controlled Operations) Act 1996
6 Item 2 of Schedule 1
(heading)
Repeal the heading, substitute:
2 After Part IA
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
Part 3—Corrections
relating to Part 1B of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
7 Schedule
Omit “all the provisions of Divisions 1 to 9 (inclusive) of
Part 1B”, substitute “, all the provisions of Divisions 1
to 9 (inclusive) of Part IB”.
8 Subsection 3X(4) (definition of prisoner
unlawfully at large)
Omit “Part 1B”, substitute
“Part IB”.
9 Part 1B (heading)
Repeal the heading, substitute:
10 Paragraph 23WA(8)(f)
Omit “Part 1B”, substitute
“Part IB”.
11 Paragraph 46(1)(ab)
Omit “Part 1B”, substitute
“Part IB”.
12 Section 47
Omit “Part 1B”, substitute
“Part IB”.
13 Paragraphs 47A(1)(d), 47B(1)(a) and
47C(1)(b)
Omit “Part 1B”, substitute
“Part IB”.
14 Paragraph 233C(4)(a)
Omit “Part 1B”, substitute
“Part IB”.
Part 4—Corrections
relating to Part IC of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
15 Subsection 5(2A)
Omit “Part 1C”, substitute
“Part IC”.
16 Subsection 3P(1)
Omit “Part 1C”, substitute
“Part IC”.
17 Subsection 3ZQC(4)
Omit “Part 1C”, substitute
“Part IC”.
18 Subsection 23WA(1) (definition of
Aboriginal legal aid organisation)
Omit “Part 1C”, substitute
“Part IC”.
19 Section 23WCA (table items 4, 5 and
6)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
20 Subsection 23WD(3)
Omit “Part 1C”, substitute
“Part IC”.
21 Subsection 23WD(3)
(note)
Omit “Part 1C”, substitute
“Part IC”.
22 Subsection 23WD(4)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
23 Subsection 23WD(4)
(note)
Omit “Part 1C”, substitute
“Part IC”.
24 Subsection 23WM(3)
Omit “Part 1C”, substitute
“Part IC”.
25 Subsection 23WM(3)
(note)
Omit “Part 1C”, substitute
“Part IC”.
26 Subsection 23WM(4)
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
27 Subsection 23WM(4)
(note)
Omit “Part 1C”, substitute
“Part IC”.
28 Paragraph 23XGD(2)(g)
Omit “Part 1C”, substitute
“Part IC”.
29 Section 23YS
Omit “Part 1C” (wherever occurring), substitute
“Part IC”.
Note: The heading to section 23YS is altered by
omitting “Part 1C” and substituting
“Part IC”.
30 Subsection 203H(1)
Omit “Part 1C”, substitute
“Part IC”.
Environment Protection and
Biodiversity Conservation Act 1999
31 Subsection 411(1)
Omit “Part 1C”, substitute
“Part IC”.
32 Subsection 425(1)
Omit “Part 1C”, substitute
“Part IC”.
33 Subsection 107DD(1)
Omit “Part 1C”, substitute Part IC”.
34 Subsection 11C(1)
Omit “Part 1C”, substitute
“Part IC”.
35 Subsection 66AN(1)
Omit “Part 1C”, substitute
“Part IC”.
Part 5—Corrections
relating to Part 1D of the Crimes Act 1914
Commonwealth Places
(Application of Laws) Act 1970
36 Schedule
Omit “Part 1D”, substitute
“Part ID”.
37 Subsections 3ZH(2), (2A) and (3A) and
3ZJ(6A)
Omit “Part 1D” (wherever occurring), substitute
“Part ID”.
38 Subsection 3ZL(4)
Omit “Part 1D”, substitute
“Part ID”.
39 Paragraphs 23B(6)(b) and
23C(7)(i)
Omit “Part 1D”, substitute
“Part ID”.
40 Part 1D (heading)
Repeal the heading, substitute:
Crimes Amendment (Forensic
Procedures) Act 1998
41 Item 1 of Schedule 1
(heading)
Repeal the heading, substitute:
1 After Part IC
Note: This corrects a misdescribed amendment of the
Crimes Act 1914.
42 Saving provision
(1) The amendments made by this Schedule do not invalidate:
(a) an instrument made under, or referring to, a Part of the Crimes Act
1914 whose heading is repealed and substituted by this Schedule;
or
(b) anything done under such an instrument or such a Part.
(2) Subitem (1) has effect whether the instrument was made, or the
thing was done, before or after this Act received the Royal Assent.