crimes-legislation-amendment-act.pdf, p.3
1 Section 1
crimes-legislation-amendment-act.pdf, p.6
10 Section 10
Order for examination on oath before court or Registrar
10(1) Section 10
Imposes a duty on the State to order examination
An ancillary ordenriay must be made under paragraph 49J (1) (c)
10(2) Section 10
Obligation to make an ancillary ordenriay
11 Section 11
Classifies Principal Act as a specific type
Cash dealer must not disclose suspicion information
12 Section 12
crimes-legislation-amendment-act.pdf, p.7
Cash dealer must comply with notice for access to premises.
13 Section 13
State must retain records or copies of them.
14 Section 14
crimes-legislation-amendment-act.pdf, p.8
The Attorney-General is entitled to access to CTR information for the purpose of dealing with a request made by a foreign country.
15 Section 15
The Attorney-General has the right to access CTR information.
crimes-legislation-amendment-act.pdf, p.9
Amendment of Section 28 of the Principal Act
16 Section 16
Amendment of Section 33 of the Principal Act
17 Section 17
State obligation to issue guidelines to cash dealers about their obligations under the Act and regulations.
18 Section 18
Annual report must be provided by Director after June 30th.
19 Section 19
2 Section 2
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.
The Act requires the Royal Assent for commencement
Requires a specific condition for commencement
Section 2 holds with the Act's commencement
Defines a temporal relationship between sections
Conditional commencement of certain sections and parts
2(2) Section 2
Commencement of section 51 and Part 8 subject to proclamation
2(3) Section 2
Repeal of Part 8 if commencement not fixed within 6 months
2(4) Section 2
...the Part is repealed on the first day after the end of that period.
(4) If the commencement of Part 8 is not fixed...
Commencement not fixed within 6 months implies repeal
Part 8 commences within 6 months or is repealed
2(5) Section 2
20 Section 20
Court may order person to remain in Australia, refrain from applying for passport, or surrender passport.
21 Section 21
Court has obligation to order person to comply with conditions.
Section classifies serious narcotics offence as a specific type of crime.
crimes-legislation-amendment-act.pdf, p.11
22 Section 22
23 Section 23
24 Section 24
Amendment of Section 18 of the Principal Act
24(1) Section 24
and to the evidence given in any such proceedings
Section 18 of the Principal Act is amended
24(2) Section 24
Temporal relation required for classification
Requires relation between identifiable temporal intervals
Section mentions commencement and subsections
25 Section 25
The court may extend the period of effect of a restraining order made in reliance on subsection 28 (2) upon application by the DPP.
26 Section 26
crimes-legislation-amendment-act.pdf, p.12
27 Section 27
28 Section 28
Order for examination on oath before court or Registrar.
28(1) Section 28
Applicable to restraining orders made before or after section commencement.
28(2) Section 28
Restraining orders made before or after section commencement.
29 Section 29
Prohibits making restraining orders against property
Classifies the Principal Act as a Customs Act
crimes-legislation-amendment-act.pdf, p.4
3 Section 3
crimes-legislation-amendment-act.pdf, p.13
Court may make further orders after inserting certain phrases in subsection (1) of Section 243E.
30 Section 30
31 Section 31
Amendments to section 243F of the Principal Act
31(1) Section 31
Imposes a duty on the State to amend section 243F
Amendments apply in relation to restraining orders made before or after commencement.
31(2) Section 31
Identifies temporal relation to commencement
31(3) Section 31
crimes-legislation-amendment-act.pdf, p.14
32 Section 32
Amends Section 7 of the Principal Act to specify foreign countries for obtaining CTR information in international assistance in criminal matters.
33 Section 33
Attorney-General may direct Director of Cash Transaction Reports Agency to provide CTR information.
34 Section 34
Attorney-General may direct Director of Cash Transaction Reports Agency.
crimes-legislation-amendment-act.pdf, p.15
35 Section 35
Principal Act is defined as the National Crime Authority Act 1984.
Amends definitions of State, Territory, Parliament, Governor, Premier, and Minister of the Crown.
36 Section 36
Temporal interval between amendment and commencement
Establishes temporal relationship between amendments
New definitions for State, Territory, etc.
Section 4 of the Principal Act is amended
New subclass for Australian Capital Territory and Northern Territory
Inserts new subsection (3) into the definition of "Territory"
crimes-legislation-amendment-act.pdf, p.16
The Minister of the Crown is responsible for police affairs in a State with no Police Force, and matters relating to the Police Force in other States.
37 Section 37
The Minister has a responsibility to manage police affairs.
Passports not to be issued to certain persons
38 Section 38
Prohibits issuing passports to certain persons
Classifies individuals as eligible or ineligible for passport issuance
Prohibition on leaving Australia or applying for an Australian passport without permission.
39 Section 39
Australian Federal Police functions do not include provision of services under arrangements entered into under subsection (2A) in relation to offences against a law of a State, unless authorized.
4 Section 4
The functions of the Australian Federal Police include provision of services under arrangements entered into under subsection (2A) in relation to offences against a law of a State, if authorized.
Australian Federal Police functions include provision of services under arrangements entered into under subsection (2A) in relation to offences against a law of a State, if authorized.
The functions of the Australian Federal Police do not include provision of services under arrangements entered into under subsection (2A) in relation to offences against a law of a State, unless authorized.
40 Section 40
41 Section 41
41(1) Section 41
Conditional commencement of amendment for confiscation orders
41(2) Section 41
crimes-legislation-amendment-act.pdf, p.17
42 Section 42
Amends Section 27 of the Principal Act regarding definitions and trustee roles.
42(1) Section 42
42(2) Section 42
Forfeiture of all restrained property if person convicted of serious offence
42(3) Section 42
The amendments apply after the commencement of this section
(3) The amendments made by paragraphs (l)(b), (c) and (d) apply only in relation to an application made under section 14 of the Principal Act for a pecuniary penalty order, after the commencement of this section.
Prohibits forfeiture of restrained property
Authorities must consider amendments when processing applications
The amendments apply to each subsequent application
43 Section 43
Amend Section 30 of the Principal Act regarding conviction of serious offence
43(1) Section 43
43(2) Section 43
crimes-legislation-amendment-act.pdf, p.18
Amendment of Section 43 of the Principal Act
44 Section 44
Amendment of Section 45 of the Principal Act
45 Section 45
The court may extend the period of operation of a restraining order made in reliance on subsection 45 (2) upon application by the DPP.
46 Section 46
Section 44 (other than subsection 44 (4))
crimes-legislation-amendment-act.pdf, p.19
Exemptions from amendments for certain applications
47 Section 47
48 Section 48
Section 48 of the Principal Act is amended to require owners and defendants to provide statements on oath about their property.
48(1) Section 48
The statement must be given before the restraining order expires
Statement must be given within a specified period
Paragraph (1) (da) directs to give a statement within a period
The owner or defendant must provide a statement on oath
Paragraph (1) (da) directs to give a statement
The owner or defendant must provide particulars of their property dealings
Must provide particulars of property dealings
Paragraph (1) (da) directs to give a statement about the property
Amendments apply to restraining orders made before or after section commencement.
48(2) Section 48
Overlap between amendments and restraining order commencement
Restraining order ceases to be in force when subsection (2) commences
Implication of amendments on restraining order applicability
Subsection (2) implies that subsection (1) applies to restraining orders
Inference of amendments on restraining order applicability
Subsection (2) infers that subsection (1) applies to restraining orders
Applicability of amendments to restraining orders
Subsection (1) applies to subsection (2)
Propagation of amendments to restraining orders
Subsection (2) propagates the applicability of subsection (1)
crimes-legislation-amendment-act.pdf, p.20
49 Section 49
Amend Section 57 of the Principal Act regarding pecuniary penalty orders.
49(1) Section 49
49(2) Section 49
Binds the amendments to restraining orders made before or after section commencement.
crimes-legislation-amendment-act.pdf, p.5
Commissioner may determine compensation for retired staff members.
5 Section 5
Commissioner's obligation to determine compensation
crimes-legislation-amendment-act.pdf, p.21
Jurisdiction granted to State and Territory courts
50 Section 50
Court must consider relevant circumstances when imposing a further federal sentence. Amend Section 98 of the Principal Act
51 Section 51
Court must consider relevant circumstances.
Imposes an obligation on the State to amend Section 98 of the Principal Act
Classifies the amendment as a deontic obligation
6 Section 6
6(1) Section 6
6(2) Section 6
Amendment of Section 49E of the Principal Act
7 Section 7
The DPP must give written notice of an application for the extension of a restraining order to the owner and any other person with an interest in the property.
8 Section 8
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 (No. 2) 1991