Crimes and Other Legislation Amendment Act 1994
An Act to amend various Acts relating to crimes and other matters, and for related purposes
1 Section 1
crimes-and-other-legislation-amendment-act-1994.pdf, p.3
2 Section 2
2(1) Section 2
2(2) Section 2
2(3) Section 2
Describes temporal relationship between amendment and Act
2(4) Section 2
2(5) Section 2
Conditional commencement of amendment to Schedule 5
2(6) Section 2
Describes temporal relationship between commencement
2(7) Section 2
Amendments take effect after declaration under section 5 of the Transfer of Prisoners Act 1983.
Temporal restriction on amendment effectiveness
(7) The amendments made by sections 25 and 28 to the Transfer of Prisoners Act 1983 do not take effect (except for the purposes of the making of a declaration under section 5 of that Act in relation to the Australian Capital Territory) until such a declaration is made.
Amendment effectiveness conditional on declaration
The amendments are conditional on a declaration.
3 Section 3
crimes-and-other-legislation-amendment-act-1994.pdf, p.4
4 Section 4
Allow Director-General of Security to give standing authorisation for ASIO officers.
Directs the Director-General of Security.
5 Section 5
Amend definition of politically motivated violence
crimes-and-other-legislation-amendment-act-1994.pdf, p.5
6 Section 6
6(1) Section 6
Approves officers and employees to exercise authority on behalf of the Organization
Authorized by Director-General or senior officer
Substantiates the definition of relevant warrant
Must be approved by Director-General or senior officer
6(2) Section 6
Continuation of approval under section 24 of the Principal Act as amended by this section.
Approval was in force immediately before commencement
7 Section 7
ASIO officers have certain rights of entry into the Australian Public Service
crimes-and-other-legislation-amendment-act-1994.pdf, p.6
ASIO officers have a right to enter the Australian Public Service
The appointment of an ASIO officer is a promotion within the meaning of the Public Service Act
The Secretary must appoint an ASIO officer to an office in a Department
8 Section 8
crimes-and-other-legislation-amendment-act-1994.pdf, p.8
9 Section 9
Court must have regard when passing sentence etc.
10 Section 10
Discharge of offenders without proceeding to conviction is prohibited.
Prohibits discharge of offenders without proceeding to conviction.
11 Section 11
Amendment of Section 19B of the Principal Act
Insertion of 'cultural background' into Section 19B
Cultural background is added to antecedents.
12 Section 12
No imprisonment for failure to pay reparation, restitution or compensation
13 Section 13
Amends Section 20A of the Principal Act regarding security conditions for offenders.
Imposes an obligation on the state to ensure security conditions are met.
14 Section 14
Amendment of Section 46 of the Principal Act
crimes-and-other-legislation-amendment-act-1994.pdf, p.9
15 Section 15
Section 47 of the Principal Act is amended.
16 Section 16
Section 47A of the Principal Act is amended to exclude the Australian Capital Territory from its definition of 'Territory'.
crimes-and-other-legislation-amendment-act-1994.pdf, p.10
17 Section 17
Permitting escape from certain restrictions
18 Section 18
Prohibits harbouring an escapee during the Governor-General's pleasure.
19 Section 19
Sentence ceases for escaped prisoner at large
Prohibits sentence from running for escaped prisoner at large
20 Section 20
21 Section 21
Exclusion from subsection (1) of Section 85ZKB
crimes-and-other-legislation-amendment-act-1994.pdf, p.11
22 Section 22
Amendment of Section 85ZZH of the Principal Act
23 Section 23
24 Section 24
25 Section 25
Amends definitions of "Parliament" and "Territory"
Defines subclasses of 'Parliament' and 'Territory'
26 Section 26
Attorney-General is not required to make an order for the transfer of a prisoner under subsection (6) from New South Wales to another State or to a Territory.
crimes-and-other-legislation-amendment-act-1994.pdf, p.12
27 Section 27
Amends Section 23 of the Principal Act by substituting section numbers.
28 Section 28
Amends Section 24 of the Principal Act by adding a new subsection (4) that modifies the reference to the Governor of a State in respect of the Australian Capital Territory.
crimes-and-other-legislation-amendment-act-1994.pdf, p.13
29 Section 29
29(1) Section 29
29(2) Section 29
Reference to transfer between ACT and a State includes reference to transfer between NSW and a State.
29(3) Section 29
Exemptions from amendments for transfer of ACT prisoners or joint prisoners
30 Section 30
crimes-and-other-legislation-amendment-act-1994.pdf, p.14
31 Section 31
Repeals or amends certain sections of other Acts. References international treaties and conventions
Classifies the legislative provisions into a deontic model.
crimes-and-other-legislation-amendment-act-1994.pdf, p.21