Tasmanian Bills Clause Notes

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AUSTRALIAN CRIME COMMISSION LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2017 BILL 44 OF 2017

                               CLAUSE NOTES

  Australian Crime Commission Legislation (Miscellaneous Amendments) Bill
                                  2017


                            PART 1 – PRELIMINARY
Clause 1:   Short title
            Specifies the name of the proposed Act.

Clause 2:   Commencement
            Specifies that the Act commences on the day it receives the Royal
            Assent.

            PART 2 - ANNULLED CONVICTIONS ACT 2003 AMENDED

Clause 3:   Principal Act
            This clause provides that a reference in this Part to the Principal Act is a
            reference to the Annulled Convictions Act 2003.

Clause 4:   Section 3 amended (Interpretation)
            Amends the Principal Act by omitting paragraph (d) from the definition
            of a Justice Agency. Paragraph (d) is a reference to CrimTrac which no
            longer exists as an individual entity.

Clause 5:   Schedule 1 amended (Non-exempt applications)
            This clause amends Schedule 1 of the Principal Act by omitting item 3
            from Part 2. Item 3 is a reference to CrimTrac.

                   PART 3 - FIREARMS ACT 1996 AMENDED

Clause 6:   Principal Act
            This clause provides that a reference in this Part to the Principal Act is a
            reference to the Firearms Act 1996.

Clause 7:   Section 83 amended (Register of firearms)
            Amends section 83 of the Principal Act by:
                   omitting from subsection (3)(a) the word ‘CrimTrac’ and
                     replacing it with the words ‘Australian Crime Commission’.
                   omitting the definition of CrimTrac in subsection (4) and
                     replacing it with a definition of the Australian Crime
                     Commission.




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             PART 4 - FORENSIC PROCEDURES ACT 2000 AMENDED

Clause 8:    Principal Act

             This clause provides that a reference in this Part to the Principal Act is a
             reference to the Forensic Procedures Act 2000.

Clause 9:    Section 58 amended (Database information)
             Amends section 58 of the Principal Act by:
                         omitting from subsection 1A(a) the word ‘CrimTrac’ and
                  replacing it with the words ‘Australian Crime Commission’.
                         creating a new subsection (3) which provides that
                  arrangements made with CrimTrac prior to the commencement
                  of this Bill, are deemed to also be an arrangement with the
                  Australian Crime Commission.

  PART 5 - HEALTH PRACTITIONER REGULATION NATIONAL LAW (TASMANIA) ACT
                                  2010 AMENDED

Clause 10:   Principal Act
             This clause provides that a reference in this Part to the Principal Act is a
             reference to the Health Practitioner Regulation National Law (Tasmania)
             Act 2010.

Clause 11:   Section 12 amended (Police commissioner may give criminal history
             information)
             Amends section 12 of the Principal Act by:
                           omitting from subsection 1(b) the word ‘CrimTrac’ and
                    replacing it with the words ‘Australian Crime Commission’.
                           inserting in subsection (2) a definition of the Australian
                    Crime Commission.

                             PART 6 - REPEAL OF ACT

Clause 12:   Principal Act
             This clause repeals the Act on the 365th day after it commences.




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