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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Foreign Death Penalty Offences
(Preventing Information Disclosure) Bill
2015
No. , 2015
(Mr Palmer)
A Bill for an Act to prevent the disclosure of
information by public officials in circumstances
that may lead to the imposition of the death penalty
in foreign countries, and for related purposes
No. , 2015
Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act binds the Crown .......................................................................... 2
4
Extension to external Territories ........................................................ 2
5
Extraterritorial application ................................................................. 2
6
Definitions ......................................................................................... 2
Part 2--Foreign death penalty offences: preventing
information disclosure by public officials
3
7
Foreign death penalty offences--preventing information
disclosure by public officials ............................................................. 3
8
Extended geographical jurisdiction .................................................... 4
9
Mandatory minimum sentences ......................................................... 4
10
Relationship with other laws .............................................................. 5
No. , 2015
Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
1
A Bill for an Act to prevent the disclosure of
1
information by public officials in circumstances
2
that may lead to the imposition of the death penalty
3
in foreign countries, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
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This Act may be cited as the Foreign Death Penalty Offences
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(Preventing Information Disclosure) Act 2015.
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Part 1 Preliminary
Section 2
2
Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
No. , 2015
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
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3 Act binds the Crown
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(1) This Act binds the Crown in each of its capacities.
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(2) This Act does not make the Crown liable to be prosecuted for an
6
offence.
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4 Extension to external Territories
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This Act extends to every external Territory.
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5 Extraterritorial application
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This Act extends to acts, omissions, matters and things outside
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Australia.
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6 Definitions
13
In this Act:
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foreign death penalty offence means an offence against the law of
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a foreign country, or part of a foreign country, in respect of which
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the death penalty may be imposed.
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public official means:
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(a) a Commonwealth public official (within the meaning of the
19
Criminal Code); and
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(b) any other public official (within the meaning of the Criminal
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Code).
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Foreign death penalty offences: preventing information disclosure by public officials
Part 2
Section 7
No. , 2015
Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
3
Part 2--Foreign death penalty offences: preventing
1
information disclosure by public officials
2
3
7 Foreign death penalty offences--preventing information
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disclosure by public officials
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Offence
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(1) A person (the defendant) commits an offence if:
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(a) the defendant is or was a public official; and
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(b) the defendant directly or indirectly discloses information to
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another person; and
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(c) the information was obtained by the defendant, or came to
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the defendant's knowledge:
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(i) in the course of the performance of his or her duties as a
13
public official; or
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(ii) by reason of being a public official;
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whether before or after the commencement of this section;
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and
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(d) the defendant is reckless as to whether the disclosure will do
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any of the following:
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(i) result in a person being tried in a foreign country for a
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foreign death penalty offence;
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(ii) assist in the investigation or prosecution of a person
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who is being tried in a foreign country for such an
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offence;
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(iii) assist in the punishment of a person who has been
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convicted in a foreign country of such an offence.
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Penalty: Imprisonment for 15 years.
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Exception--Attorney-General certificates
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(2) Subsection (1) does not apply if the Attorney-General certifies, in
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writing, that the disclosure is necessary to prevent, or assist in the
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Part 2 Foreign death penalty offences: preventing information disclosure by public
officials
Section 8
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Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
No. , 2015
investigation or prosecution of a person suspected of having
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engaged in:
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(a) a terrorist act (as defined in subsection 100.1(1) of the
3
Criminal Code); or
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(b) an act of violence:
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(i) causing a person's death; or
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(ii) endangering a person's life.
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Note:
A defendant bears an evidential burden in relation to a matter in
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subsection (2) (see subsection 13.3(3) of the Criminal Code).
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(3) In subsection (2), a reference to a terrorist act or an act of violence
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includes:
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(a) a reference to a terrorist act or act of violence (as the case
12
requires) that does not occur; and
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(b) a reference to a specific terrorist act or act of violence (as the
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case requires); and
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(c) a reference to more than one terrorist act or act of violence
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(as the case requires).
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(4) The Attorney-General must cause a copy of a certificate made
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under subsection (2) to be published on the Department's website.
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(5) A certificate made under subsection (2) is not a legislative
20
instrument.
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8 Extended geographical jurisdiction
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Section 15.4 (extended geographical jurisdiction--category D) of
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the Criminal Code applies to an offence against section 7.
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9 Mandatory minimum sentences
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(1) A court must not make an order under section 19B of the Crimes
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Act 1914 (discharge of offenders without conviction) in respect of
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a charge for an offence against section 7.
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(2) If a person is convicted of an offence against section 7, the court
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must impose a sentence of imprisonment of at least 1 year.
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Foreign death penalty offences: preventing information disclosure by public officials
Part 2
Section 10
No. , 2015
Foreign Death Penalty Offences (Preventing Information Disclosure)
Bill 2015
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10 Relationship with other laws
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(1) This Part has effect despite any other law of the Commonwealth, or
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of a State or Territory (whether written or unwritten).
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(2) However, subsection (1) does not apply to a provision of an Act if
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the provision:
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(a) commences after this section commences; and
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(b) specifically states that it applies despite this Part.
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