Commonwealth Consolidated Acts Commonwealth Consolidated ActsDirector of Public Prosecutions Act 1983
1 Subsection 16A(1AB)
Repeal the subsection.
2 At the end of subsection 16A(1B)
Add:
Note: If the Director (or the Commissioner for the Australian Federal Police) applies for a restraining order under the Proceeds of Crime Act 2002 , a court may make an order corresponding to the order mentioned in this subsection under section 28A of that Act.
3 Subsection 16A(2)
Omit ", (1AB)".
4 Subsection 15B(1) (note 1)
Repeal the note, substitute:
Note 1: Paragraphs ( a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the Australian Commission for Law Enforcement Integrity, the Australian Crime Commission and Customs.
5 Section 15C (note)
Repeal the note, substitute:
Note: Paragraphs ( a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the Australian Commission for Law Enforcement Integrity, the Australian Crime Commission and Customs.
6 Subsection 15D(1) (note)
Repeal the note, substitute:
Note: Paragraphs ( a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the Australian Commission for Law Enforcement Integrity, the Australian Crime Commission and Customs.
7 After section 15F
Insert:
15FA Prohibition of publication of evidence--proceedings for freezing orders
(1) If an * authorised officer applies to a magistrate for a * freezing order in accordance with this Division, the magistrate may make an order under subsection ( 2).
(2) If it appears to the magistrate to be necessary in order to prevent prejudice to the administration of justice, the magistrate may make an order prohibiting or restricting the publication of all or any of the following matters:
(a) if the application is made under section 15C (in person)--the matters referred to in that section that are contained in an affidavit made in support of the application;
(b) if the application is made under section 15D (by telephone or other electronic means)--the matters referred to in paragraph 15D(2)(a) that are contained, or that are to be contained, in an affidavit made in support of the application.
(3) The magistrate may make an order under subsection ( 2) at any time after the application is made and before it is determined.
(4) The power conferred by subsection ( 2) is in addition to, and is not taken to derogate from, any other power of the magistrate.
8 At the end of subsection 15P(1)
Add:
Note: Paragraphs ( a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the Australian Commission for Law Enforcement Integrity, the Australian Crime Commission and Customs.
9 At the end of Division 2 of Part 2 - 1
Add:
28A Prohibition of publication of evidence--proceedings for restraining orders
(1) If a * proceeds of crime authority applies to a court for a * restraining order, the court may make an order under subsection ( 2).
(2) If it appears to the court to be necessary in order to prevent prejudice to the administration of justice, the court may make an order prohibiting or restricting the publication of all or any of the matters referred to in the following provisions (whichever is applicable) that are contained in an affidavit made in support of the application:
(a) subsection 17(3);
(b) subsection 18(3);
(c) paragraph 19(1)(e);
(d) subsection 20(3);
(e) subsection 20A(3).
(3) The court may make an order under subsection ( 2) at any time after the application is made and before it is determined.
(4) The power conferred by subsection ( 2) is in addition to, and is not taken to derogate from, any other power of the court.
10 Section 338 ( paragraph ( a) of the definition of authorised officer )
Repeal the paragraph, substitute:
(a) any of the following, if authorised by the Commissioner of the Australian Federal Police:
(i) an * AFP member;
(ii) an AFP employee within the meaning of the Australian Federal Police Act 1979 ;
(iii) an employee of an authority of a State or Territory, or an authority of the Commonwealth, within the meaning of the Australian Federal Police Act 1979 , while he or she is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act; or
Part 2 -- Application of amendments
11 Application--publication prohibitions relating to restraining and freezing orders
(1) The amendments of the Director of Public Prosecutions Act 1983 made by items 1, 2 and 3 of this Schedule, and the amendment of the Proceeds of Crime Act 2002 made by item 9 of this Schedule, apply in relation to an application made on or after the commencement of those items for a restraining order under the Proceeds of Crime Act 2002 (whether the conduct on the basis of which the restraining order is sought occurred before, on or after that commencement).
Note: For the commencement of items 1, 2, 3 and 9 of this Schedule, see section 2.
(2) The amendment of the Proceeds of Crime Act 2002 made by item 7 of this Schedule applies in relation to an application made on or after the commencement of that item for a freezing order under that Act (whether the conduct on the basis of which the freezing order is sought occurred before, on or after that commencement).
Note: Item 7 of this Schedule commences on the day after this Act receives the Royal Assent (see section 2).