Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 NO. 127, 2004 - SCHEDULE 5

Crimes (Aviation) Act 1991

1 Subsection 3(1) (subparagraph (a)(i) of the definition of Division 2 aircraft )

Repeal the subparagraph, substitute:

(i) engaged in a flight in the course of trade and commerce with other countries or among the States; or
(ia) engaged in a flight within a Territory, between 2 Territories or between a State and a Territory; or
2 At the end of paragraph 15(1)(b)

Add:

; or (iii) the Prostitution Act 1992 of the Australian Capital Territory in its application to the Jervis Bay Territory;

Customs Act 1901

3 Subsection 233B(1)

Repeal the subsection, substitute:

(1)

A person commits an offence if:

(a) the person:
(i) possesses goods on board a ship or aircraft; or
(ii) brings goods into Australia; or
(iii) imports goods into Australia; or
(iv) possesses goods that have been imported into Australia in contravention of this Act; or
(v) conveys goods that have been imported into Australia in contravention of this Act; or
(vi) possesses goods that are reasonably suspected of having been imported into Australia in contravention of this Act; or
(vii) fails to disclose to an officer on demand any knowledge in his or her possession or power concerning the importation or intended importation, or bringing or intended bringing, into Australia of goods; and
(b) the goods are a prohibited import to which this section applies.

(1AAB)

Subparagraph (1)(a)(i), (ii), (iv), (v) or (vi) does not apply if the person proves that the person had a reasonable excuse for doing the act referred to in that subparagraph.

(1AAC)

A person commits an offence if:

(a) the person:
(i) exports goods from Australia; or
(ii) fails to disclose to an officer on demand any knowledge in his or her possession or power concerning the exportation or intended exportation from Australia of goods; and
(b) the goods are a prohibited export to which this section applies.
4 Subsection 233B(1AA)

Omit "paragraph (1)(a)", substitute "subparagraph (1)(a)(i)".

5 Subsection 233B(1AB)

Omit "paragraph (1)(c) or (caa)", substitute "subparagraph (1)(a)(iv) or (v)".

6 Subsection 233B(1AC)

Omit "paragraph (1)(ca)", substitute "subparagraph (1)(a)(vi)".

7 Subsection 233B(1A)

Omit "paragraph (c) of that subsection", substitute "subparagraph (1)(a)(iv)".

8 Subsection 233B(1B)

Omit "paragraph (ca) of that subsection", substitute "subparagraph (1)(a)(vi)".

Cybercrime Act 2001

9 Schedule 1 (heading relating to the Telecommunications (Interception) Act 1997 )

Omit "1997", substitute "1979".

Mutual Assistance in Criminal Matters Act 1987

10 Paragraph 15(1)(c)

Repeal the paragraph, substitute:

(c) the foreign country requests the Attorney-General to arrange for the evidential material to be obtained;
11 Subsection 15(1)

Omit "the search warrant requested by the foreign country", substitute "a search warrant in respect of the evidential material".

12 Subsection 38ZA(1)

Repeal the subsection, substitute:

(1)

Subject to subsection (2), if a police officer seizes a thing while executing a warrant issued under Division 2, he or she must:

(a) inform the Attorney-General that the thing has been so seized; and
(b) retain the thing pending the Attorney-General's direction under subsection (4) about how to deal with the thing; and
(c) comply with any such direction that the Attorney-General gives.
13 Subsection 38ZA(3)

Repeal the subsection.

14 Subsection 38ZA(4)

Omit "Commissioner", substitute "police officer".

15 Subsection 38ZA(5)

Omit "Commissioner", substitute "police officer".

16 Subsection 38ZA(6)

Omit "Commissioner", substitute "police officer".