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