crimes-legislation-amendment-act.pdf, p.75
1 Section 1
crimes-legislation-amendment-act.pdf, p.35
Amendments to Section 19b of the Principal Act regarding federal offences and convictions.
10 Section 10
Imposes a duty on the State to amend Section 19b.
Amendments to Section 20 of the Principal Act
11 Section 11
Imposes a duty on the State to amend Section 20 of the Principal Act
crimes-legislation-amendment-act.pdf, p.36
Amendments to subsections of Section 20a of the Principal Act
12 Section 12
Imposes a duty on the State to amend subsections of Section 20a
crimes-legislation-amendment-act.pdf, p.37
A court is required to pass another sentence or make another order before passing a first-mentioned sentence or order in respect of a person convicted by that court for a federal offence.
13 Section 13
The law requires a court to pass another sentence or make another order.
crimes-legislation-amendment-act.pdf, p.38
Amends Section 20AC of the Principal Act to replace 'offence against the law of the Commonwealth' with 'federal offence'.
14 Section 14
15 Section 15
A person must be brought before a magistrate if arrested when the court is not sitting. Court must obtain and consider reports of psychiatrists with experience in diagnosis and treatment of mental illness.
15(1) Section 15
A person must be brought before a magistrate.
Reports of psychiatrists are considered.
Court must obtain and consider reports of psychiatrists with experience in diagnosis and treatment of mental illness.
15(2) Section 15
Reports of psychiatrists with experience in diagnosis and treatment of mental illness must be obtained and considered.
Court is required to make a hospital order.
Reports of psychiatrists with experience in diagnosis and treatment of mental illness must be considered.
Other relevant information may be obtained and considered by the court.
Court may obtain other relevant information.
Reports of the other person in charge must be obtained and considered by the court.
Court must obtain and consider reports of other person if released into care.
Person has been released into care under section 20BR.
crimes-legislation-amendment-act.pdf, p.55
Repeals certain offences against Commonwealth laws and substitutes with federal offences.
16 Section 16
...a federal offence or federal offences
Removes obligation to prosecute certain Commonwealth offences.
Section 21aa of the Principal Act is amended...
...offences against the law of an external Territory
Removes obligation to prosecute certain external Territory offences.
...and substituting the following paragraph: '(b) the document contains a list of other federal offences, or offences against the law of an external Territory that is prescribed for the purposes of this section, which the person convicted is believed to have committed';
Removes obligation to prosecute certain federal offence-related matters.
...and omitting from subparagraph (1) (c) (iii) 'offences against the laws of the Commonwealth' and substituting 'federal offences';
A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under subsection (1).
17 Section 17
If a person fails to pay, they are not imprisoned.
The obligation is until the payment is made.
crimes-legislation-amendment-act.pdf, p.56
Amends Section 21D of the Principal Act to preserve operation of other laws.
18 Section 18
Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused
19 Section 19
Obligation to cooperate with law enforcement agencies
Classifies offenses into federal and non-federal categories
2 Section 2
crimes-legislation-amendment-act.pdf, p.58
Amendment of definition of Commonwealth authority
20 Section 20
Law enforcement agencies must assess prospective employees or members.
21 Section 21
crimes-legislation-amendment-act.pdf, p.59
Defines employee for law enforcement agency
22 Section 22
Defines terms for Division 1 of Part 1, including commencing day and Principal Act.
23 Section 23
Licence granted under section 19a continues in force with effect from commencing day.
24 Section 24
Continues to apply in relation to a person and sentence after revocation or cancellation of licence.
25 Section 25
crimes-legislation-amendment-act.pdf, p.60
26 Section 26
Continuation of existing order under amended Act
26(1) Section 26
Continues the effect of an existing order
Orders for multiple offenses treated as a single order
26(2) Section 26
(expiration of periods of imprisonment required to be served under those first-mentioned orders)
Describes the temporal relationship between multiple orders
Implies the release of a person upon completion of all sentences
(orders made under paragraph 20 (1) (b))
Recognizes the treatment of multiple orders as a single order by AI systems
Treats multiple orders as a single order
Diffuses the treatment of multiple orders to all relevant parties
Continuation of Section 20B of the Principal Act for A.C.T. purposes
26(3) Section 26
Section 26(3) obliges the State to continue Section 20B during the period of commencement
Temporal relationship between commencement and continuation
Section 26(3) obliges the State to continue Section 20B
Treats repealed section as if not repealed for certain purposes.
27 Section 27
28 Section 28
Application for non-parole period in life imprisonment sentence
28(1) Section 28
Non-parole period commences on sentence commencement
28(2) Section 28
That non-parole period is to be treated as having commenced on the commencement of the sentence of life imprisonment
Non-parole period starts at sentence commencement
(2) Subject to subsection (4), if a non-parole period is fixed...
The person concerned is not eligible to be released on parole before the commencing day
Sentence commencement implies non-parole period start
Non-parole period treatment for fixed sentences
28(3) Section 28
...that non-parole period is to be treated as having commenced...
Fixed non-parole period implies eligibility on parole
(3) Subject to subsection (4), if a non-parole period is fixed...
Non-parole period treatment implies parole eligibility
(4) Where, in relation to any sentence of imprisonment referred to in paragraph (1) (b)...
...that non-parole period is not to be such as would render the person eligible...
Non-parole period treatment implies parole eligibility on parole day
Multiple conditions for parole eligibility
Non-parole period fixed under Part IB of the Principal Act as amended by this Act must be taken into account for the purposes of the Principal Act.
28(5) Section 28
Court may fix non-parole period despite deportation risk
28(6) Section 28
Court may deal with application regardless of its current constitution.
28(7) Section 28
crimes-legislation-amendment-act.pdf, p.62
Repeal of Commonwealth Prisoners Act 1967
29 Section 29
crimes-legislation-amendment-act.pdf, p.7
3 Section 3
30 Section 30
Treats a lesser term of imprisonment as a non-parole period for all purposes.
30(1) Section 30
Aggregate period of imprisonment must be treated as a single non-parole period.
30(2) Section 30
Adjusts sentence length for application of provisions
30(3) Section 30
is to be taken to be more than 3 years but less than 10 years.
More than 3 years but less than 10 years
Treats a purported minimum term of imprisonment fixed by State or Territory legislation as if it were a lesser term of imprisonment fixed by a court.
30(4) Section 30
crimes-legislation-amendment-act.pdf, p.63
Parole order continues in force with effect from commencing day.
31 Section 31
Section 5 of the Commonwealth Prisoners Act 1967
Continues to apply in relation to that person and that sentence, on and after the commencing day, until that sentence is fully served.
32 Section 32
The Act continues to apply in relation to that person and that sentence, on and after the commencing day, until that sentence is fully served.
Temporal interval for parole order cancellation
The parole order was cancelled before the commencing day.
The Act applies in relation to that person and that sentence, on and after the commencing day, until that sentence is fully served.
The Act had not been repealed and the amendments made by Division 1 of this Part had not been made.
Recurring trace for parole order cancellation
crimes-legislation-amendment-act.pdf, p.64
No effect on State/Territory laws regarding remission of non-parole periods.
33 Section 33
34 Section 34
35 Section 35
Relocates and renumbers certain sections of the Principal Act.
35(1) Section 35
Relocation and renumbering of section 21AA of the Principal Act
35(2) Section 35
Relocation occurs within the same temporal interval
Requires relocation to be within the same temporal interval
Renumbering of sections in the Principal Act
35(3) Section 35
Defines Principal Act as Cash Transaction Reports Act 1988.
36 Section 36
Amends definitions in Section 3 of the Principal Act
37 Section 37
Imposes a duty on the State to amend definitions
Defines a class of persons declared acceptable referees
crimes-legislation-amendment-act.pdf, p.65
Application process for identifying cash dealers, including verification procedures and reporting requirements.
38 Section 38
The declaration is effective between certain dates.
Temporal interval for reporting compliance with this Act.
The Director may, by notice in the Gazette, declare the applicant to be an identifying cash dealer if satisfied that such a declaration would not be inconsistent with the objects of this Act.
The applicant must carry out the verification procedures.
Obligation to carry out verification procedures and report information.
The applicant undertakes to carry out the verification procedures under subsection 20(8)
The applicant must report the information.
Obligation to report information obtained by the applicant.
The applicant undertakes to report under section 16 in relation to information obtained by the applicant as a result of carrying out the procedures mentioned in paragraph (a)
The applicant must provide written reports.
Obligation to give written reports on compliance with this Act.
The applicant undertakes to give the Director, in respect of such periods as are determined by the Director, written reports on the applicant's compliance with this Act.
The Director has permission to take certain actions.
Permission for the Director to revoke or suspend declarations.
The Director may, by notice in the Gazette, revoke a declaration, nor suspend it for a specified period or until a specified act is done...
The applicant is an identifying cash dealer if they meet the requirements.
Class definition for identifying cash dealers.
An application must be accompanied by a written undertaking in the approved form, by which the applicant undertakes...
crimes-legislation-amendment-act.pdf, p.66
Cash dealer must comply with notice given by authorised officer.
39 Section 39
Amends Section 3 of the Principal Act to include a reference to a fine
4 Section 4
40 Section 40
Amend Section 15 of the Principal Act to include transfers in Australian currency.
40(1) Section 40
Section 15 of the Principal Act is amended regarding report requirements for currency transfers.
40(2) Section 40
crimes-legislation-amendment-act.pdf, p.67
Blocking of accounts with unverified signatories
41 Section 41
Verification statement or identification reference
crimes-legislation-amendment-act.pdf, p.68
Account should not be blocked if unverified signatory provides verification statement or identification reference.
42 Section 42
Imposes a duty on the state to not block the account.
crimes-legislation-amendment-act.pdf, p.69
Amends Section 20 of the Principal Act regarding account statements and verification procedures.
43 Section 43
Imposes an obligation on the cash dealer to carry out verification procedures.
Making false or misleading statements in identification references is prohibited.
44 Section 44
Prohibition of false or misleading statements
An acceptable referee, or any other person, must not make a statement in an identification reference that is false or misleading in a material particular.
There is an obligation to provide accurate information.
Obligation to provide accurate information
An acceptable referee, or any other person, must not omit from an identification reference any matter or thing without which the reference is misleading in a material particular.
An acceptable referee, or any other person, must not knowingly or recklessly omit from an identification reference any matter or thing without which the reference is misleading in a material particular.
crimes-legislation-amendment-act.pdf, p.70
Cash dealer must retain records for 7 years after account closure.
45 Section 45
Amendment of section 25 of the Principal Act
46 Section 46
crimes-legislation-amendment-act.pdf, p.71
47 Section 47
Refusal or failure to communicate information and comply with notices is prohibited.
48 Section 48
Prohibits refusal or failure to communicate information and comply with notices.
Prohibition on misleading cash dealers during verification procedures
49 Section 49
Inserts 'Australian Capital Territory Executive' into subsection (1) of section 3b. Definitions and explanations of terms used in the Act.
5 Section 5
the Australian Capital Territory Executive is inserted into subsection (1) of section 3b.
Section 3b of the Principal Act is amended.
Definitions and explanations of terms used in the Act.
Classifies expressions into plural or singular
In this Part, expressions in the plural do not imply that expressions in the singular do not include the plural.
50 Section 50
Amend Section 33 of the Principal Act to include Australian currency
50(1) Section 50
Imposes a duty on the State to amend Section 33
Examination of persons and goods for currency reporting purposes.
50(2) Section 50
Prohibition on leaving Australia without declared currency.
Section 33 of the Principal Act is amended to prohibit leaving Australia without declared currency.
Classification of places for examination purposes.
The definition of 'prescribed place' is inserted into subsection (10) of the amended section.
crimes-legislation-amendment-act.pdf, p.72
Resisting, obstructing or preventing arrest without warrant is prohibited.
51 Section 51
Prohibition of resisting, obstructing or preventing arrest without warrant.
crimes-legislation-amendment-act.pdf, p.73
Director may engage consultants under written agreements.
52 Section 52
Regulations may amend certain Schedules.
53 Section 53
54 Section 54
Principal Act means the National Crime Authority Act 1984
Amends subsections (1), (3) and (4) of Section 31 of the Principal Act.
55 Section 55
crimes-legislation-amendment-act.pdf, p.14
Section 17a of the Principal Act is amended to reduce imprisonment for certain federal offences.
7 Section 7
Temporal relation between convictions and imprisonment.
the court convicting the person must not, unless in the opinion of the court there are exceptional circumstances that warrant it, pass a sentence of imprisonment for that offence or any of those offences.
Imprisonment obligation reduced for certain federal offences.
Where a person is convicted of one or more federal offences relating to property, money or both, whose total value does not exceed $2,000; and the person has not previously been sentenced to imprisonment for any federal, State or Territory offence;
Diffusion of convictions and imprisonment through aggregation.
This section applies subject to any contrary intention in the law creating the offence.
Recurring trace of convictions and imprisonment.
For the purpose only, under subsection (lA), of aggregating the value of property or money to which federal offences relate, a federal offence of which a person has not been convicted but which a court, with the consent of the person charged, has taken into account in passing sentence on the person for another federal offence, is to be treated as if it were a federal offence of which the person was convicted.
The Attorney-General must direct that a person be released from prison on parole at the end of the non-parole period. Court must direct when each federal sentence commences. Court must fix single non-parole period in respect of all federal sentences the person is to serve or complete. The offender must be of good behaviour and not violate any law during the licence period. Court must state reasons for not fixing non-parole period or making recognizance release order.
8 Section 8
The Attorney-General must direct that a person be released from prison on parole.
Must provide information about the commencement of sentences.
Obligation to cause reasons to be entered in court records
The licence period is a subclass of the supervision period.
An Act to amend various Acts relating to criminal matters, to repeal the Commonwealth Prisoners Act 1967, and for related purposes
Crimes Legislation Amendment Act (No. 2) 1989