crimes-legislation-amendment-act-1991.pdf, p.26
Protocol subject to ratification by signatory States.
1 Section 1
crimes-legislation-amendment-act-1991.pdf, p.27
Protocol enters into force after deposit of tenth instrument of ratification.
Protocol enters into force on thirtieth day after deposit of tenth instrument of ratification
Deposit of tenth instrument of ratification after deposit of ninth instrument of ratification
Conditional obligation with temporal interval
Deposit of tenth instrument of ratification implies protocol enters into force on thirtieth day
Cognitive processing of obligation with temporal interval
Deposit of tenth instrument of ratification triggers protocol entry into force on thirtieth day
Deposit of tenth instrument of ratification
Protocol enters into force for each state on thirtieth day after deposit of its instrument of ratification
Deposit of tenth instrument of ratification implies protocol enters into force for other states on thirtieth day after deposit of their instruments of ratification
Non-signatory States can access the Protocol after it has entered into force.
States must inform other States of signature and ratification dates.
Insert words after paragraph 1 in Article 1 of the Convention.
2 Section 2
Any State that is not a Contracting State to the Convention may ratify this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.
The State meets at the same time as the Convention.
Temporal relationship between ratification and accession
The State ratifies or accedes to the Convention at the same time.
The State accedes to the Convention if it ratifies the Protocol.
Ratification of Protocol implies accession to Convention
If the State ratifies the Protocol, then it accedes to the Convention.
The State is recognized as having ratified the Protocol and acceded to the Convention.
State recognizes its own ratification and accession
The State recognizes its own ratification and accession.
The State is permitted to ratify the Protocol.
The State's accession to the Convention is diffused from its ratification of the Protocol.
Ratification of Protocol spreads to accession to Convention
The State's ratification of the Protocol diffuses to its accession to the Convention.
Registration of Protocol upon entry into force.
Any State that is not a Contracting State to the Convention may accede to this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.
Denunciation takes effect six months after notification is received by the Depositaries.
crimes-legislation-amendment-act-1991.pdf, p.28
Notification of States on Protocol entry into force date
Words shall be inserted after the words "paragraph 1":
Designation of Depositaries for Instruments of Ratification
3 Section 3
Deposits of accession instruments trigger obligation to take effect after a specified period.
Denunciation of this Protocol does not affect the Convention.
Protocol denunciation affects Convention
Denunciation of the Convention also denounces this Protocol.
4 Section 4
Prohibits denunciation of the Convention without denouncing this Protocol.
crimes-legislation-amendment-act-1991.pdf, p.37
crimes-legislation-amendment-act-1991.pdf, p.38
5 Section 5
6 Section 6
7 Section 7
crimes-legislation-amendment-act-1991.pdf, p.4
crimes-legislation-amendment-act-1991.pdf, p.25
Unlawful use of devices, substances or weapons is prohibited.
crimes-legislation-amendment-act-1991.pdf, p.6
Amendment of section 22 of the Principal Act
10 Section 10
Members may be directed to perform certain staff member functions.
11 Section 11
Members are obligated to perform certain staff member functions.
crimes-legislation-amendment-act-1991.pdf, p.7
Amends section 26D of the Principal Act regarding continuous service upon re-appointment.
12 Section 12
A person appointed as a Deputy Commissioner must take or make the prescribed oath or affirmation before starting to perform their duties.
13 Section 13
Amendment of Section 34 of the Principal Act
14 Section 14
15 Section 15
Amends Section 36 of the Principal Act regarding a person's appointment.
16 Section 16
crimes-legislation-amendment-act-1991.pdf, p.8
A person must be treated as having held a position during a promotion period.
17 Section 17
...within a rank or at a level that is the same as, or equivalent to...
(8) Where a person's promotion is cancelled:...
...the Commissioner must transfer the person to a position of member or staff member, as the case requires,
(8A) The Commissioner must create a position, or make a new determination under section 24, if it is necessary to do so in order to comply with paragraph (8) (b) in a particular case.
Must be treated as having held a position
Review by Merit Protection and Review Agency in certain other cases
18 Section 18
Imposes obligation on the Commissioner to appoint a person
Defines class hierarchy for Agency and commencing day
crimes-legislation-amendment-act-1991.pdf, p.10
Amendment of Section 40 of the Principal Act
19 Section 19
2(1) Section 2
Section 2 overlaps with the Act's commencement
Defines a temporal overlap between sections
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
Section 2 is recognized by the Act's commencement
Defines a cognitive relationship between sections
Section 2 diffuses with the Act's commencement
Defines a diffusion relationship between sections
Section 2 holds with the Act's commencement
Defines a temporal relationship between sections
Conditional commencement of certain sections
2(2) Section 2
2(3) Section 2
Commencement of section 58 subject to proclamation
2(4) Section 2
2(5) Section 2
Conditional commencement of subsection 74(2) and Part 2 of Schedule 2.
2(6) Section 2
Conditional commencement of subsection 74(3) and Part 3 of Schedule 2.
2(7) Section 2
20 Section 20
Amends definition of "investigating officer" and adds "Comptroller-General of Customs"
21 Section 21
Amendment of Section 26 of the Principal Act
22 Section 22
crimes-legislation-amendment-act-1991.pdf, p.11
Amendment of Section 27 of the Principal Act
23 Section 23
Supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.
23 September 1971, to deal with such unlawful acts of violence at
24 Section 24
Pecuniary penalties for natural persons and bodies corporate
25 Section 25
Prohibits pecuniary penalties for natural persons and bodies corporate
Maximum pecuniary penalty for offences created by an instrument
26 Section 26
Imposes a duty on the state to specify penalties for offences created by an instrument
Provision does not prevent use of other available defences.
27 Section 27
crimes-legislation-amendment-act-1991.pdf, p.12
Amendment of Section 10 of the Principal Act
28 Section 28
29 Section 29
crimes-legislation-amendment-act-1991.pdf, p.5
Amends definition of law enforcement agency and spent.
30 Section 30
crimes-legislation-amendment-act-1991.pdf, p.13
31 Section 31
Principal Act is defined as the Crimes (Protection of Aircraft) Act 1973 Long title
Repeals title and substitutes new title for Principal Act.
32 Section 32
Amends Section 3 of the Principal Act regarding Convention definitions and Protocol
33 Section 33
Defines obligations for ratification and accession
Classifies Convention and Protocol terms
34 Section 34
Legislative approval of Australia's accession
Using devices, substances or weapons to perform acts of violence at airports is prohibited.
35 Section 35
Prohibits the use of devices, substances or weapons to perform acts of violence at airports.
crimes-legislation-amendment-act-1991.pdf, p.14
Amends Section 22 of the Principal Act regarding judicial notice of Convention and Protocol
36 Section 36
Protocol entered into force after Convention
Describes temporal overlap between Convention entry into force and Protocol entry into force
Convention entered into force on January 28, 1973
Courts recognize Convention and Protocol
Describes recognition of Convention and Protocol by courts
Courts take judicial notice of Convention and Protocol
Courts are obligated to acknowledge Convention and Protocol
Imposes an obligation on courts to take judicial notice
Courts must take judicial notice of Convention and Protocol
Knowledge about Convention and Protocol diffuses through courts
Describes diffusion of knowledge about Convention and Protocol
Convention and Protocol repeat in relation to each other
Describes recurring relation between Convention and Protocol
Convention and Protocol are related concepts
crimes-legislation-amendment-act-1991.pdf, p.15
Amendment of Section 23 of the Principal Act
37 Section 37
38 Section 38
39 Section 39
Amendments to Section 8 of the Principal Act regarding provision of services and regulatory services.
40 Section 40
41 Section 41
crimes-legislation-amendment-act-1991.pdf, p.16
Associate Director of Public Prosecutions added to Section 5
42 Section 42
Associate Director of Public Prosecutions added
Director may decline to carry on proceeding further
43 Section 43
Director has permission to decline carrying on proceeding
Proceedings in a State or Territory are included in the definition of 'State or Territory proceedings'
Amendment of Section 13 of the Principal Act
44 Section 44
Appointment requirements for Associate Director
45 Section 45
...specified in the instrument of appointment.
The Associate Director holds office for the period, not longer than 7 years...
...he or she is a legal practitioner and has been a legal practitioner for at least 5 years.
Prohibition on appointment of Associate Director
A person must not be appointed as the Associate Director unless...
...and a person must not be appointed for a period that ends after the day on which the person will turn 65.
Prohibition on appointment of Associate Director after turning 65
A person who has turned 65 must not be appointed as the Associate Director...
...except the Director's powers of delegation under section 31.
Associate Director has powers and functions of Director
The Associate Director has all the powers and functions of the Director...
...in respect of matters not provided for by this Act as are determined by the Governor-General.
Associate Director holds office on terms and conditions determined by Governor-General
The Associate Director holds office on such terms and conditions...
crimes-legislation-amendment-act-1991.pdf, p.17
Associate Director's remuneration and allowances
46 Section 46
Associate Director must be paid remuneration
47 Section 47
48 Section 48
crimes-legislation-amendment-act-1991.pdf, p.18
Associate Director must not perform certain actions.
49 Section 49
Associate Director has a duty to refrain from certain actions.
Add "and" at end of paragraph (1) and insert new paragraph (bb)
Amendments to Section 23 of the Principal Act regarding disclosure of interests.
50 Section 50
Disclosure of interests is an obligation.
Associate Director must give written notice of pecuniary interests to AttorneyGeneral
51 Section 51
Amends Section 25 of the Principal Act by adding "or the Associate Director" after "Director"
52 Section 52
Associate Director's duties and conditions
53 Section 53
crimes-legislation-amendment-act-1991.pdf, p.19
The Attorney-General may appoint a person to act in the office of Associate Director.
54 Section 54
The Attorney-General may appoint a person.
Amends Section 27 of the Principal Act regarding Director's powers.
55 Section 55
Powers relate to branch during specified period.
(2) The Director has all the powers of, or exercisable by, a Secretary...
Director has power to exercise Secretary's powers.
Section 27 of the Principal Act is amended:
crimes-legislation-amendment-act-1991.pdf, p.20
Amendment of Section 31 of the Principal Act
56 Section 56
57 Section 57
58 Section 58
58(1) Section 58
Continuation of Principal Act in relation to certain offences
58(2) Section 58
(a) an order or warrant under the Principal Act was in force
(b) an application for such an order or warrant had been made but not finally dealt with
The order, warrant or application continues to apply
The offence, or alleged or suspected offence continues to apply
(d) the offence, or alleged or suspected offence
Any person convicted of the offence, or any person alleged to have committed it or suspected of having committed it continues to be affected
(e) any person convicted of the offence, or any person alleged to have committed it or suspected of having committed it
Continuation of Part VI of the Principal Act after commencing day
58(3) Section 58
58(4) Section 58
crimes-legislation-amendment-act-1991.pdf, p.21
Amendment of Section 50 of the Principal Act
59 Section 59
Re-numbering of subsection (4A) in Section 17 of the Principal Act.
60 Section 60
61 Section 61
Amend Section 5 of the Principal Act regarding permitted purpose and record keeping.
61(1) Section 61
Amends definitions of "certifying officer", "chief officer", "eligible authority", "officer", and "prescribed investigation" to exclude references to "Drug"
61(2) Section 61
Excludes references to 'Drug' in definitions
Defines new terms for the Crime Commission
crimes-legislation-amendment-act-1991.pdf, p.22
Amendment of Section 6A of the Principal Act
62 Section 62
Telecommunications cannot be intercepted.
63 Section 63
Prohibits interception of telecommunications.
Reports to be made to Attorney-General on results of interception
64 Section 64
Amendment of Section 17 of the Principal Act
65 Section 65
Agency may apply for warrant after amendment of Section 35
66 Section 66
Amendment of Section 39 of the Principal Act
67 Section 67
Managing Director of carrier must be informed of issue or revocation of certain warrants.
68 Section 68
crimes-legislation-amendment-act-1991.pdf, p.23
Amends Section 60 of the Principal Act regarding prescribed officers.
69 Section 69
Defines a subclass of certifying officers.
Remuneration and allowances for Commissioner and Deputy Commissioner
Duty to determine remuneration and allowances
Amendment of Section 73 of the Principal Act
70 Section 70
Commonwealth agencies must report to Minister about applications and warrants under Parts IV and VI.
71 Section 71
Amends Section 94 of the Principal Act by changing the time period from "2 months" to "3 months".
72 Section 72
73 Section 73
Continues effect of section 34 declaration on and after commencing day.
73(1) Section 73
Temporal interval: on and after commencing day
Section 34 declaration in force immediately before commencing day
Continues obligation to have effect on and after commencing day
Diffuses obligation to have effect on and after commencing day
References to State Drug Crime Commission of New South Wales are updated to refer to New South Wales Crime Commission.
73(2) Section 73
Update references to State Drug Crime Commission of New South Wales.
Revocation of declaration under subsection (1) is permitted.
73(3) Section 73
73(4) Section 73
crimes-legislation-amendment-act-1991.pdf, p.24
74 Section 74
74(1) Section 74
Amendment of Act specified in Part 2 of Schedule 2
74(2) Section 74
The Act specified in Part 3 of Schedule 2 is amended as set out in that Part.
74(3) Section 74
Imposes a duty on the Act to be amended.
Amendment of subsection (3) in Section 20 of the Principal Act
8 Section 8
Commissioner may grant leave of absence to Deputy Commissioner.
9 Section 9
An Act to amend certain Acts in relation to criminal and law enforcement matters, and for related purposes
Crimes Legislation Amendment Act 1991