[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Law Enforcement Legislation
Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
(Attorney-General)
A Bill for an Act to amend the law relating to law
enforcement, and for related purposes
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Law Enforcement Conduct Commission of New
South Wales
4
Part 1--Definitions
4
Part 2--Telecommunications (Interception and Access) Act
1979
5
Division 1--Amendments
5
Telecommunications (Interception and Access) Act 1979
5
Division 2--Transitional provisions
11
Part 3--Surveillance Devices Act 2004
14
Division 1--Amendments
14
Surveillance Devices Act 2004
14
Division 2--Transitional provisions
14
Part 4--Other amendments
16
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
16
Crimes Act 1914
16
Criminal Code Act 1995
17
Privacy Act 1988
17
Radiocommunications Act 1992
18
Taxation Administration Act 1953
18
Part 5--General transitional provisions
19
Part 6--Transfer of information
21
Schedule 2--Independent Broad-based Anti-corruption
Commission of Victoria
23
Australian Postal Corporation Act 1989
23
Criminal Code Act 1995
23
Surveillance Devices Act 2004
23
ii
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
Schedule 3--Unlawful acquisitions
25
Proceeds of Crime Act 2002
25
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
1
A Bill for an Act to amend the law relating to law
1
enforcement, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Law Enforcement Legislation Amendment (State
5
Bodies and Other Measures) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) the day Part 3 of the Law Enforcement
Conduct Commission Act 2016 (NSW)
commences.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 1,
Parts 2 to 5
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) the day section 51 of the Law
Enforcement Conduct Commission Act
2016 (NSW) commences.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
Part 6
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) the day Part 3 of the Law Enforcement
Conduct Commission Act 2016 (NSW)
commences.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 1 Definitions
4
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
Schedule 1--Law Enforcement Conduct
1
Commission of New South Wales
2
Part 1--Definitions
3
1 Definitions
4
In this Schedule:
5
new Commission means the Law Enforcement Conduct Commission of
6
New South Wales.
7
old Commission means the Police Integrity Commission of New South
8
Wales.
9
Law Enforcement Conduct Commission of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
5
Part 2--Telecommunications (Interception and
1
Access) Act 1979
2
Division 1
--Amendments
3
Telecommunications (Interception and Access) Act 1979
4
2 Subsection 5(1) (paragraph (g) of the definition of certifying
5
officer)
6
Repeal the paragraph, substitute:
7
(g) in the case of the Law Enforcement Conduct Commission:
8
(i) the Chief Commissioner of the Commission; or
9
(ii) the Commissioner for Integrity of the Commission; or
10
(iii) a person authorised to be a certifying officer of the
11
Commission under subsection 5AC(8); or
12
3 Subsection 5(1) (paragraphs (h) and (ha) of the definition of
13
chief officer)
14
Repeal the paragraphs, substitute:
15
(h) in the case of the Law Enforcement Conduct Commission--
16
the Chief Commissioner of the Commission; or
17
(ha) in the case of the Inspector of the Law Enforcement Conduct
18
Commission--the Inspector; or
19
4 Subsection 5(1) (paragraph (b) of the definition of eligible
20
authority)
21
Repeal the paragraph, substitute:
22
(b) in the case of New South Wales:
23
(i) the Crime Commission; or
24
(ii) the Independent Commission Against Corruption; or
25
(iii) the Inspector of the Independent Commission Against
26
Corruption; or
27
(iv) the Law Enforcement Conduct Commission; or
28
(v) the Inspector of the Law Enforcement Conduct
29
Commission; or
30
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
6
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
5 Subsection 5(1)
1
Insert:
2
Inspector of the Law Enforcement Conduct Commission has the
3
same meaning as Inspector has in the Law Enforcement Conduct
4
Commission Act 2016 (NSW).
5
6 Subsection 5(1) (definition of Inspector of the Police
6
Integrity Commission)
7
Repeal the definition.
8
7 Subsection 5(1)
9
Insert:
10
Law Enforcement Conduct Commission means the Law
11
Enforcement Conduct Commission constituted by the Law
12
Enforcement Conduct Commission Act 2016 (NSW).
13
member of the staff of the Inspector of the Law Enforcement
14
Conduct Commission means a member of staff of the Inspector
15
(within the meaning of the Law Enforcement Conduct Commission
16
Act 2016 (NSW)).
17
8 Subsection 5(1) (definition of member of the staff of the
18
Inspector of the Police Integrity Commission)
19
Repeal the definition.
20
9 Subsection 5(1)
21
Insert:
22
member of the staff of the Law Enforcement Conduct
23
Commission means a member of staff of the Commission (within
24
the meaning of the Law Enforcement Conduct Commission Act
25
2016 (NSW)).
26
10 Subsection 5(1) (definition of member of the staff of the
27
Police Integrity Commission)
28
Repeal the definition.
29
Law Enforcement Conduct Commission of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
7
11 Subsection 5(1) (paragraphs (h) and (ha) of the definition
1
of officer)
2
Repeal the paragraphs, substitute:
3
(h) in the case of the Law Enforcement Conduct Commission:
4
(i) the Chief Commissioner of the Commission; or
5
(ii) the Commissioner for Integrity of the Commission; or
6
(iii) an Assistant Commissioner of the Commission; or
7
(iv) a member of the staff of the Law Enforcement Conduct
8
Commission; or
9
(ha) in the case of the Inspector of the Law Enforcement Conduct
10
Commission:
11
(i) the Inspector; or
12
(ii) an Assistant Inspector of the Commission; or
13
(iii) a member of the staff of the Inspector of the Law
14
Enforcement Conduct Commission; or
15
12 Subsection 5(1) (paragraph (dc) of the definition of
16
permitted purpose)
17
Repeal the paragraph, substitute:
18
(dc) in the case of the Inspector of the Law Enforcement Conduct
19
Commission--dealing with (by reports and
20
recommendations) conduct amounting to:
21
(i) officer misconduct (within the meaning of section 122
22
of the Law Enforcement Conduct Commission Act 2016
23
(NSW)); or
24
(ii) officer maladministration (within the meaning of that
25
section);
26
on the part of officers (within the meaning of that Act) of the
27
Commission, whether or not the subject of a complaint; or
28
13 Subsection 5(1) (paragraph (e) of the definition of
29
permitted purpose)
30
Omit "Police Integrity Commission" (first occurring), substitute "Law
31
Enforcement Conduct Commission".
32
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
8
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
14 Subsection 5(1) (subparagraphs (e)(i), (ia) and (ib) of the
1
definition of permitted purpose)
2
Repeal the subparagraphs, substitute:
3
(i) an investigation under Part 6 of the Law Enforcement
4
Conduct Commission Act 2016 (NSW) in respect of
5
conduct to which subsection (7) of this section applies;
6
or
7
15 Subsection 5(1) (subparagraph (e)(ii) of the definition of
8
permitted purpose)
9
Omit ", (ia) or (ib)".
10
16 Subsection 5(1)
11
Repeal the following definitions:
12
(a) definition of Police Integrity Commission;
13
(b) definition of Police Integrity Commission Act.
14
17 Subsection 5(1) (paragraphs (f) and (fa) of the definition of
15
prescribed investigation)
16
Repeal the paragraphs, substitute:
17
(f) in the case of the Law Enforcement Conduct Commission--
18
means an investigation that the Commission is conducting in
19
the performance of its functions under the Law Enforcement
20
Conduct Commission Act 2016 (NSW); or
21
(fa) in the case of the Inspector of the Law Enforcement Conduct
22
Commission--means an investigation that the Inspector is
23
conducting in the performance of the Inspector's functions
24
under the Law Enforcement Conduct Commission Act 2016
25
(NSW); or
26
18 Subsection 5(1) (paragraphs (h) and (ha) of the definition
27
of relevant offence)
28
Omit "Police Integrity Commission", substitute "Law Enforcement
29
Conduct Commission".
30
19 At the end of section 5
31
Add:
32
Law Enforcement Conduct Commission of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
9
Permitted purposes--Law Enforcement Conduct Commission
1
(7) For the purposes of subparagraph (e)(i) of the definition of
2
permitted purpose in subsection (1), this subsection applies to
3
conduct that:
4
(a) both:
5
(i) involves a police officer, administrative employee or
6
Crime Commission officer; and
7
(ii) the Law Enforcement Conduct Commission has decided
8
is (or could be) serious misconduct or officer
9
maladministration that is serious maladministration and
10
should be investigated; or
11
(b) both:
12
(i) involves the Commissioner of Police or a Deputy
13
Commissioner of Police; and
14
(ii) is (or could be) police misconduct or officer
15
maladministration; or
16
(c) both:
17
(i) involves the Crime Commissioner or an Assistant
18
Commissioner of the Crime Commission; and
19
(ii) is (or could be) Crime Commission officer misconduct
20
or officer maladministration; or
21
(d) both Houses of the Parliament of New South Wales refer to
22
the Commission for investigation under section 196 of the
23
Law Enforcement Conduct Commission Act 2016 (NSW).
24
(8) An expression used in subsection (7) of this section and in the Law
25
Enforcement Conduct Commission Act 2016 (NSW) has the same
26
meaning in that subsection as in that Act.
27
20 Subsections 5AC(5) and (6)
28
Omit "senior executive officer within the meaning of the Public Sector
29
Employment and Management Act 2002 of New South Wales",
30
substitute "Public Service senior executive (within the meaning of the
31
Government Sector Employment Act 2013 (NSW))".
32
21 Subsection 5AC(8)
33
Repeal the subsection, substitute:
34
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
10
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
(8) The Chief Commissioner of the Law Enforcement Conduct
1
Commission may authorise, in writing:
2
(a) an Assistant Commissioner of the Commission; or
3
(b) a member of the staff of the Law Enforcement Conduct
4
Commission who occupies an office or position at an
5
equivalent level to that of a Public Service senior executive
6
(within the meaning of the Government Sector Employment
7
Act 2013 (NSW));
8
to be a certifying officer of the Commission.
9
22 Paragraphs 5B(1)(k) and (ka)
10
Omit "Police Integrity Commission", substitute "Law Enforcement
11
Conduct Commission".
12
23 Subparagraphs 6A(1)(c)(vi) and (vii)
13
Repeal the subparagraphs, substitute:
14
(vi) the Law Enforcement Conduct Commission;
15
(vii) the Inspector of the Law Enforcement Conduct
16
Commission;
17
24 Paragraph 6L(2)(b)
18
Omit "Police Integrity Commission" (wherever occurring), substitute
19
"Law Enforcement Conduct Commission".
20
25 Paragraph 39(2)(g)
21
Repeal the paragraph, substitute:
22
(g) in the case of the Law Enforcement Conduct Commission:
23
(i) the Chief Commissioner of the Commission; or
24
(ii) the Commissioner for Integrity of the Commission; or
25
(iii) an Assistant Commissioner of the Commission; or
26
(iv) a member of the staff of the Law Enforcement Conduct
27
Commission; or
28
26 Paragraph 68(f)
29
Omit "Police Integrity Commission--to the Commissioner of the Police
30
Integrity Commission", substitute "Law Enforcement Conduct
31
Commission--to the Chief Commissioner of the Commission".
32
Law Enforcement Conduct Commission of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
11
27 Paragraph 68(fa)
1
Omit "Police Integrity Commission--to the Inspector of the Police
2
Integrity Commission", substitute "Law Enforcement Conduct
3
Commission--to the Inspector".
4
28 Paragraph 110A(1)(h)
5
Repeal the paragraph, substitute:
6
(h) the Law Enforcement Conduct Commission;
7
Division 2
--Transitional provisions
8
29 Warrants issued to old Commission
9
An interception warrant, stored communication warrant or journalist
10
information warrant that:
11
(a) was issued to the old Commission before the commencement
12
of this item under the Telecommunications (Interception and
13
Access) Act 1979; and
14
(b) was in force immediately before that commencement;
15
continues in force (and may be dealt with) on and after that
16
commencement as if it had been issued to the new Commission.
17
30 Authorisations made by old Commission
18
An authorisation that:
19
(a) was made by an authorised officer of the old Commission
20
under Division 4 of Part 4-1 of the Telecommunications
21
(Interception and Access) Act 1979 before the
22
commencement of this item; and
23
(b) was in force immediately before that commencement;
24
continues in force (and may be dealt with) on and after that
25
commencement as if it had been made by an authorised officer of the
26
new Commission.
27
31 Evidentiary certificates for actions of officers etc. of old
28
Commission
29
A written certificate issued under section 61, 130 or 185C of the
30
Telecommunications (Interception and Access) Act 1979 that:
31
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
12
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
(a) was issued by a certifying officer of the old Commission
1
before the commencement of this item; and
2
(b) was in force immediately before that commencement;
3
continues in force (and may be dealt with) on and after that
4
commencement as if it had been issued by a certifying officer of the
5
new Commission.
6
32 Evidentiary certificates for warrants issued to old
7
Commission
8
The Managing Director or secretary, or an authorised employee, of a
9
carrier, or a body corporate of which the carrier is a subsidiary, may
10
issue a written certificate under section 61 or 129 of the
11
Telecommunications (Interception and Access) Act 1979, after the
12
commencement of this item, in relation to acts or things that:
13
(a) were done before that commencement; and
14
(b) were done to enable the execution of a warrant issued to the
15
old Commission before that commencement.
16
33 Evidentiary certificates for authorisations made by old
17
Commission
18
The Managing Director or secretary, or an authorised employee, of a
19
carrier, or a body corporate of which the carrier is a subsidiary, may
20
issue a written certificate under section 185A of the
21
Telecommunications (Interception and Access) Act 1979, after the
22
commencement of this item, in relation to acts or things that:
23
(a) were done before that commencement; and
24
(b) were done to enable the disclosure of information or
25
documents covered by an authorisation that was made by the
26
old Commission under Division 4 of Part 4-1 of that Act
27
before that commencement.
28
34 Preservation notices issued by old Commission
29
A domestic preservation notice that:
30
(a) was issued by the old Commission under the
31
Telecommunications (Interception and Access) Act 1979
32
before the commencement of this item; and
33
(b) was in force immediately before that commencement;
34
Law Enforcement Conduct Commission of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
13
continues in force (and may be dealt with) on and after that
1
commencement as if it had been issued by the new Commission.
2
35 Evidentiary certificates for preservation notices relating to
3
actions of officers etc. of old Commission
4
A written certificate issued under section 107U of the
5
Telecommunications (Interception and Access) Act 1979 that:
6
(a) was issued by a certifying official of the old Commission
7
before the commencement of this item; and
8
(b) was in force immediately before that commencement;
9
continues in force (and may be dealt with) on and after that
10
commencement as if it had been issued by a certifying official of the
11
new Commission.
12
36 Evidentiary certificates for preservation notices issued by
13
old Commission
14
The Managing Director or secretary, or an authorised employee, of a
15
carrier, or a body corporate of which the carrier is a subsidiary, may
16
issue a written certificate under section 107T of the
17
Telecommunications (Interception and Access) Act 1979, after the
18
commencement of this item, in relation to acts or things that:
19
(a) were done before that commencement; and
20
(b) were done in order to comply with a preservation notice
21
issued by the old Commission before that commencement.
22
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 3 Surveillance Devices Act 2004
14
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
Part 3--Surveillance Devices Act 2004
1
Division 1
--Amendments
2
Surveillance Devices Act 2004
3
37 Subsection 6A(7) (table item 20)
4
Repeal the item, substitute:
5
20 Law
Enforcement
Conduct
Commission of
New South
Wales
the Chief
Commissioner
of the
Commission
an officer of the
Commission
(within the meaning
of the Law
Enforcement
Conduct
Commission Act
2016 (NSW))
(a) the Chief
Commissioner;
or
(b) the
Commissioner
for Integrity; or
(c) an Assistant
Commissioner,
or an executive
level member of
staff of the
Commission
(within the
meaning of that
Act), the chief
officer
authorises under
subsection (5)
38 Paragraph 6A(8)(a)
6
Repeal the paragraph, substitute:
7
(a) if the State is New South Wales--a Public Service senior
8
executive (within the meaning of the Government Sector
9
Employment Act 2013 (NSW)); or
10
Division 2
--Transitional provisions
11
39 Warrants issued to old Commission
12
A warrant that:
13
Law Enforcement Conduct Commission of New South Wales Schedule 1
Surveillance Devices Act 2004 Part 3
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
15
(a) was issued, before the commencement of this item under the
1
Surveillance Devices Act 2004 to a law enforcement officer
2
who belonged or was seconded to the old Commission; and
3
(b) was in force immediately before that commencement;
4
continues in force (and may be dealt with) on and after that
5
commencement as if it had been issued to a law enforcement officer
6
who belonged or was seconded to the new Commission.
7
40 Authorisations made by old Commission
8
An emergency authorisation or tracking device authorisation that:
9
(a) was given by an appropriate authorising officer of the old
10
Commission under the Surveillance Devices Act 2004 before
11
the commencement of this item; and
12
(b) was in force immediately before that commencement;
13
continues in force (and may be dealt with) on and after that
14
commencement as if it had been given by an appropriate authorising
15
officer of the new Commission.
16
41 Evidentiary certificates for actions of law enforcement
17
officer etc. of old Commission
18
A written certificate issued under section 62 of the Surveillance Devices
19
Act 2004 that:
20
(a) was issued by an appropriate authorising officer of the old
21
Commission, or by a person assisting an appropriate
22
authorising officer of the old Commission, before the
23
commencement of this item; and
24
(b) was in force immediately before that commencement;
25
continues in force (and may be dealt with) on and after that
26
commencement as if it had been issued by an appropriate authorising
27
officer of the new Commission.
28
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 4 Other amendments
16
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
Part 4--Other amendments
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
42 Section 5 (paragraph (s) of the definition of designated
4
agency)
5
Omit "Police Integrity Commission", substitute "Law Enforcement
6
Conduct Commission".
7
43 Application of amendments
8
The amendment of the Anti-Money Laundering and Counter-Terrorism
9
Financing Act 2006 made by this Part applies in relation to giving
10
access to, or disclosing, information on or after the commencement of
11
this item, whether the information was acquired before, on or after that
12
commencement.
13
Crimes Act 1914
14
44 Subsection 3ZQU(7) (paragraph (d) of the definition of
15
State or Territory law enforcement agency)
16
Omit "Police Integrity Commission", substitute "Law Enforcement
17
Conduct Commission".
18
45 Section 3ZZAC (paragraph (d) of the definition of State or
19
Territory law enforcement agency)
20
Repeal the paragraph, substitute:
21
(d) the Law Enforcement Conduct Commission constituted by
22
the Law Enforcement Conduct Commission Act 2016 (NSW);
23
or
24
46 Section 20BZ (subparagraph (c)(iv) of the definition of
25
relevant person)
26
Repeal the subparagraph, substitute:
27
(iv) the Law Enforcement Conduct Commission Act 2016
28
(NSW);
29
Law Enforcement Conduct Commission of New South Wales Schedule 1
Other amendments Part 4
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
17
47 Application of amendments
1
(1)
The amendment of section 3ZQU of the Crimes Act 1914 made by this
2
Part applies, on or after the commencement of this item, in relation to:
3
(a) a thing seized before, on or after that commencement; or
4
(b) an original or copy of a document produced before, on or
5
after that commencement.
6
(2)
The amendment of section 3ZZAC of the Crimes Act 1914 made by this
7
Part applies, on or after the commencement of this item, in relation to a
8
thing seized before, on or after that commencement.
9
(3)
The amendment of section 20BZ of the Crimes Act 1914 made by this
10
Part applies in relation to giving or disclosing, on or after the
11
commencement of this item, information acquired before, on or after
12
that commencement.
13
Criminal Code Act 1995
14
48 Section 473.1 of the Criminal Code (paragraph (i) of the
15
definition of law enforcement officer)
16
Repeal the paragraph, substitute:
17
(i) any of the following:
18
(i) the Chief Commissioner of the Law Enforcement
19
Conduct Commission of New South Wales;
20
(ii) the Commissioner for Integrity of the Commission;
21
(iii) an Assistant Commissioner of the Commission;
22
(iv) a member of staff of the Commission (within the
23
meaning of the Law Enforcement Conduct Commission
24
Act 2016 (NSW));
25
Privacy Act 1988
26
49 Subsection 6(1) (paragraph (k) of the definition of
27
enforcement body)
28
Omit "Police Integrity Commission", substitute "Law Enforcement
29
Conduct Commission".
30
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 4 Other amendments
18
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
50 Application of amendments
1
The amendment of the Privacy Act 1988 made by this Part applies in
2
relation to disclosing, giving access to or using information on or after
3
the commencement of this item, whether the information was acquired
4
before, on or after that commencement.
5
Radiocommunications Act 1992
6
51 Paragraph 27(1)(bd)
7
Repeal the paragraph, substitute:
8
(bd) the Law Enforcement Conduct Commission of New South
9
Wales; or
10
Taxation Administration Act 1953
11
52 Paragraph 355-70(4)(h) in Schedule 1
12
Omit "Police Integrity Commission", substitute "Law Enforcement
13
Conduct Commission".
14
53 Application of amendments
15
The amendment of the Taxation Administration Act 1953 made by this
16
Part applies in relation to making a record of, or disclosing, information
17
on or after the commencement of this item, whether the information was
18
acquired before, on or after that commencement.
19
Law Enforcement Conduct Commission of New South Wales Schedule 1
General transitional provisions Part 5
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
19
Part 5--General transitional provisions
1
54 Things done by, or in relation to, the old Commission
2
(1)
For the purposes of a law of the Commonwealth, anything done by, or
3
in relation to, a person mentioned in column 1 of an item of the
4
following table before the commencement of this item has effect at and
5
after that commencement as if it had been done by, or in relation to, a
6
person mentioned in column 2 of that item of the table.
7
8
Things done by, or in relation to, the old Commission
Item
Column 1
Old Commission
Column 2
New Commission
1
The old Commission
The new Commission
2
The Commissioner of the old
Commission
The Chief Commissioner of the new
Commission
3
An Assistant Commissioner of the
old Commission
the Commissioner for Integrity of
the new Commission
4
A member of the staff of the
Commission (within the meaning of
the Police Integrity Commission Act
1996 (NSW))
An Assistant Commissioner or
member of staff of the Commission
(within the meaning of the Law
Enforcement Conduct Commission
Act 2016 (NSW))
5
The Inspector of the old
Commission
The Inspector of the new
Commission
6
A member of the staff of the
Inspector (within the meaning of the
Police Integrity Commission Act
1996 (NSW))
An Assistant Inspector or member of
staff of the Inspector (within the
meaning of the Law Enforcement
Conduct Commission Act 2016
(NSW))
(2)
To avoid doubt, a report that is required to be prepared or given under a
9
law of the Commonwealth on or after the commencement of this item
10
about a thing done by, or in relation to, a person mentioned in column 2
11
of an item of the table must, to the extent (if any) the period occurs
12
before that commencement, cover such a thing done by, or in relation
13
to, a person mentioned in column 1 of that item of the table.
14
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 5 General transitional provisions
20
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
(3)
Division 2 of Part 2, Division 2 of Part 3 and Part 6 of this Schedule do
1
not limit subitem (1).
2
55 Rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters of a transitional nature (including prescribing any saving or
5
application provisions) relating to:
6
(a) the amendments or repeals made by this Schedule; or
7
(b) the abolition of the old Commission (so far as it is relevant to
8
an Act amended by this Schedule); or
9
(c) the establishment of the new Commission (so far as it is
10
relevant to an Act amended by this Schedule).
11
(2)
To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
Law Enforcement Conduct Commission of New South Wales Schedule 1
Transfer of information Part 6
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
21
Part 6--Transfer of information
1
56 Information acquired under the Telecommunications
2
(Interception and Access) Act 1979
3
(1)
This item applies to information that:
4
(a) was acquired by the old Commission before, on or after the
5
commencement of this item; and
6
(b) is information of the following kind:
7
(i) lawfully intercepted information;
8
(ii) interception warrant information;
9
(iii) lawfully accessed information;
10
(iv) preservation notice information;
11
(v) stored communications warrant information;
12
(vi) information or documents voluntarily disclosed to the
13
old Commission in accordance with section 177 of the
14
Telecommunications (Interception and Access) Act
15
1979;
16
(vii) information or documents disclosed under an
17
authorisation made under Division 3 or 4 of Part 4-1 of
18
that Act.
19
(2)
Nothing in the Telecommunications (Interception and Access) Act 1979
20
prevents the Commissioner of the old Commission from communicating
21
that information to the new Commission on or after that
22
commencement.
23
57 Information acquired under the Surveillance Devices Act
24
2004
25
(1)
This item applies to information that:
26
(a) was acquired by the old Commission before, on or after the
27
commencement of this item; and
28
(b) is protected information.
29
(2)
Nothing in the Surveillance Devices Act 2004 prevents the
30
Commissioner of the old Commission from communicating that
31
information to the new Commission on or after that commencement.
32
Schedule 1 Law Enforcement Conduct Commission of New South Wales
Part 6 Transfer of information
22
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
58 Things shared under the Crimes Act 1914
1
(1)
Subitem (2) applies if before, on or after the commencement of this
2
item, a thing or an original or copy of a document was made available
3
to the old Commission under subsection 3ZQU(5) of the Crimes Act
4
1914.
5
(2)
The old Commission may, on or after that commencement, make the
6
thing, original or copy available to the new Commission, to be used by
7
the new Commission for a purpose mentioned in that subsection.
8
Things seized under delayed notification search warrants
9
(3)
Subitem (4) applies if before, on or after the commencement of this
10
item, a thing was made available to the old Commission under
11
subsection 3ZZEA(5) of the Crimes Act 1914.
12
(4)
The old Commission may, on or after that commencement, make the
13
thing available to the new Commission, to be used by the new
14
Commission for a purpose mentioned in that subsection.
15
Independent Broad-based Anti-corruption Commission of Victoria Schedule 2
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
23
Schedule 2--Independent Broad-based
1
Anti-corruption Commission of
2
Victoria
3
4
Australian Postal Corporation Act 1989
5
1 After paragraph 90J(6)(b)
6
Insert:
7
(ba) the Independent Broad-based Anti-corruption Commission
8
Act 2011 (Vic.); or
9
2 After paragraph 90LC(5)(b)
10
Insert:
11
(ba) the Independent Broad-based Anti-corruption Commission
12
Act 2011 (Vic.); or
13
3 Application of amendments
14
The amendments of the Australian Postal Corporation Act 1989 made
15
by this Schedule apply in relation to disclosing information or a
16
document on or after the commencement of this item, whether the
17
information or document was acquired or received before, on or after
18
that commencement.
19
Criminal Code Act 1995
20
4 Section 473.1 of the Criminal Code (after paragraph (i) of
21
the definition of law enforcement officer)
22
Insert:
23
(ia) an IBAC Officer within the meaning of the Independent
24
Broad-based Anti-corruption Commission Act 2011 (Vic.);
25
Surveillance Devices Act 2004
26
5 Subsection 6A(7) (after table item 20)
27
Insert:
28
Schedule 2 Independent Broad-based Anti-corruption Commission of Victoria
24
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
No. , 2016
22 Independent
Broad-based
Anti-corruption
Commission of
Victoria
the
Commissioner
of the
Commission
an IBAC Officer
(within the meaning
of the Independent
Broad-based
Anti-corruption
Commission Act
2011 (Vic.))
(a) the
Commissioner;
or
(b) a Deputy
Commissioner
of the
Commission; or
(c) the Chief
Executive
Officer of the
Commission; or
(d) an executive
level sworn
IBAC Officer
(within the
meaning of that
Act) the chief
officer
authorises under
subsection (5)
6 After paragraph 6A(8)(a)
1
Insert:
2
(aa) if the State is Victoria--an executive (within the meaning of
3
the Public Administration Act 2004 (Vic.)); or
4
Unlawful acquisitions Schedule 3
No. , 2016
Law Enforcement Legislation Amendment (State Bodies and Other
Measures) Bill 2016
25
Schedule 3--Unlawful acquisitions
1
2
Proceeds of Crime Act 2002
3
1 At the end of section 336A
4
Add:
5
; and (c) other property (discharging property) (if any) used in wholly
6
or partly discharging a security on, or a liability incurred to
7
acquire or retain:
8
(i) the property or wealth; or
9
(ii) the consideration given for the property or wealth; or
10
(iii) property (if any) that is discharging property because of
11
one or more previous applications of this paragraph;
12
was lawfully acquired.
13
Note:
In paragraph (c), an example of a security is a mortgage, charge or lien
14
and an example of a liability is a debt under a loan contract or a
15
liability to pay rent under a lease.
16
2 Application of amendments
17
The amendments made by this Schedule apply in relation to property or
18
wealth acquired before, on or after the commencement of this Schedule.
19