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...the Part is repealed on the first day after the end of that period.
Part 8 commences within 6 months or is repealed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