crimes-legislation-enhancement-act-2003.pdf, p.9
Omit 'fingerprints or', substitute 'fingerprints and/or'.
1 Subsection 3ZL(1)
crimes-legislation-enhancement-act-2003.pdf, p.14
Does not preclude CrimTrac from entering into a memorandum of understanding or other arrangement with participating jurisdictions.
10 Crimes Legislation Enhancement Act 2003
crimes-legislation-enhancement-act-2003.pdf, p.16
12 Crimes Legislation Enhancement Act 2003
2 After subsection 3ZL(3)
Order to attend a specified police station at a specified time.
2(3A) After subsection 3ZL(3)
The person must attend the police station at a specified time.
Temporal relationship between the order and the action.
(3A) The judge or magistrate may also make any other orders that are reasonably necessary...
The person must attend the police station at a specified time if ordered to do so.
Implication of the order on the person's actions.
The order is represented as a legal obligation in the knowledge base.
Knowledge representation of the order as a legal obligation.
The person must attend the specified police station at the specified time.
Legal obligation to attend a police station.
The order propagates to require the person to attend the police station at a specified time.
Propagated effect of the order on the person's actions.
Engaging in conduct that contravenes an order is an offence.
2(3B) After subsection 3ZL(3)
...the person’s conduct contravenes the order.
2(3C) After subsection 3ZL(3)
crimes-legislation-enhancement-act-2003.pdf, p.10
Refusal to participate in a parade cannot be used as evidence.
3 Paragraph 3ZM(3)(b)
Prohibits using refusal to participate in a parade as evidence.
crimes-legislation-enhancement-act-2003.pdf, p.11
4 Subsection 4J(4)
4JA Some indictable offences punishable by fine only may be dealt
Court may hear and determine indictable offence under certain conditions.
4JA(1) Some indictable offences punishable by fine only may be dealt
Excerpt specifies temporal interval for pecuniary penalty.
(b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate;
Court permits hearing and determination of indictable offence.
(1) A court of summary jurisdiction may hear and determine an indictable offence if:
Court has obligation to hear and determine indictable offence under certain conditions.
(c) the defendant and prosecution consent.
Excerpt specifies recurring trace of pecuniary penalty.
Maximum pecuniary penalty for certain offences
4JA(2) Some indictable offences punishable by fine only may be dealt
Establishes temporal bounds for pecuniary penalties
(2) If the defendant is convicted, the court may impose a pecuniary penalty of:
Recognizes entities (offences and penalties) in the provision
Prohibits pecuniary penalties exceeding specified amounts
Establishes recurring trace for pecuniary penalties
Validates schema for pecuniary penalties
Amendment of subsection 4J(4) applies to indictable offences committed after the start of the day on which this Act receives Royal Assent.
5 Application
6 Crimes Legislation Enhancement Act 2003
6 After section 4J
crimes-legislation-enhancement-act-2003.pdf, p.12
Section applies to proceedings for an offence instituted after the Act received Royal Assent.
7 Application
crimes-legislation-enhancement-act-2003.pdf, p.13
7A Section 23YDAF (table item 7, column 8)
Repeal definition, substitute corresponding law means a law that relates to forensic procedures and DNA databases.
7B Section 23YUA (definition of corresponding law)
7C Section 23YUA (definition of DNA database)
Transmit information between jurisdictions for investigation purposes
7D Subsection 23YUD(1)
Definition of CrimTrac Agency and investigation
7E At the end of section 23YUD
CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999.
investigation of a matter is defined as specified in this section
Continues existing arrangements under subsection 23YUD(1) of the Crimes Act 1914 as amended by this Schedule.
7F Transitional provision for existing arrangements under
8 Crimes Legislation Enhancement Act 2003
crimes-legislation-enhancement-act-2003.pdf, p.15
8 Paragraph 16A(2)(f)
Subject to contrary intention indicated by the law creating the offence.
8(3) Crimes Legislation Enhancement Act 2003
Exempts certain indictable offences from the Crimes Legislation Enhancement Act 2003.
8(4) Crimes Legislation Enhancement Act 2003
Substitute 'federal,' for 'federal' in Schedule 2
9 Paragraph 19AS(1)(b)
Imposes a duty on the legislative body to make the substitution
1 Subsection 8(1)
crimes-legislation-enhancement-act-2003.pdf, p.21
Insertion of section 47C after section 47A
12 Section 80
Amendment applies in relation to escape of a person after commencement.
13 Application
crimes-legislation-enhancement-act-2003.pdf, p.18
Must deliver person to foreign police custody and hold in custody until delivered.
14 Crimes Legislation Enhancement Act 2003
Insert '(wherever occurring)' after 'court'
14 Item 7 of Schedule 1
Obligation to deliver and hold in custody
15 Subsection 22(1)
Substitute ‘of the Department or an APS employee’
Replaces text within specific time frame
Omit ‘to the Department or a Deputy Secretary’
crimes-legislation-enhancement-act-2003.pdf, p.20
Omit ‘and of the Northern Territory’ from section headings.
16 Crimes Legislation Enhancement Act 2003
16 Subsections 22(2) and (3)
Prohibits omission of ‘and of the Northern Territory’.
16A After section 267
crimes-legislation-enhancement-act-2003.pdf, p.22
Disposal of property necessary to pay debts
16B At the end of subsection 278(2)
16C At the end of section 279
Object to disposal of controlled property under certain conditions.
16C(3) At the end of section 279
Specify item or items of controlled property to be disposed of and portion not objected to.
16C(4) At the end of section 279
Court must make order to dispose of controlled property.
16D After subsection 280(4)
crimes-legislation-enhancement-act-2003.pdf, p.23
Alters the meaning of this term for the purposes of Division 3 of Part 4-1.
16E Section 338 (at the end of the definition of controlled
Corrects a misdescribed amendment of the Financial Transaction Reports Act 1988.
17 Item 4 of Schedule 19
18 Crimes Legislation Enhancement Act 2003
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
18 Subsection 3(1) (at the end of the definition of authority)
Alters the meaning of this term for the purposes of Part 5.
19 Subsection 3(1) (at the end of the definition of tribunal)
Member of a foreign police force is also considered a police officer.
1A Subsection 3(1) (at the end of the definition of police
Substitute Communications Legislation Amendment Act (No. 1) 2003 for 2002
1AA Section 2 (table item 5, column 2)
Repeal paragraph and substitute with a new provision
1B Paragraph 18(2)(b)
Prohibits the Chief Executive Officer of the Australian Crime Commission or a member of its staff
1C Subparagraph 127(4)(aa)(i)
Repeal of paragraph and substitution with a new provision
1D Paragraph 794C(5)(b)
Prohibition of the Chief Executive Officer or ACC staff
crimes-legislation-enhancement-act-2003.pdf, p.17
1E Paragraph 823C(5)(b)
Repeal paragraph and substitute with new provision
1F Paragraph 823CA(4)(b)
Omit 'law in force in the Northern Territory' and substitute 'law of the Northern Territory'.
2 Subsection 6A(1)
Insertion of exception in definition of warrant
20 Subsection 3(1) (definition of warrant)
crimes-legislation-enhancement-act-2003.pdf, p.24
Authority includes bodies or persons that may issue warrants for arrest and return to custody.
20 Crimes Legislation Enhancement Act 2003
Authority includes bodies or persons that may issue warrants.
Authority is defined by the regulations.
21 Subsection 3(1) (at the end of the definition of warrant)
22 After section 81
Duties under Division 3 apply to the Official Trustee.
267A Additional property to which the Official Trustee’s powers
Omit 'law in force in the Northern Territory', substitute 'law of the Northern Territory'.
3 Subsection 6A(7) (definition of criminal act)
Substitute ‘law of the Northern Territory’
Omit ‘law in force in the Northern Territory’
If omitting 'law in force' is not allowed, then substitute 'law of the Northern Territory'
Uses context to infer substitution of 'law of the Northern Territory'
Prohibits omitting 'law in force in the Northern Territory'
4 Application
4A Subsection 33(2)
Insert Schedule 2 Amendment of other Acts
4B After subsection 33(2)
Corrects misdescribed amendment of section 19B of the Crimes Act 1914.
5 Paragraph 10(a)
Corrects misdescribed amendment of section 21B of the Crimes Act 1914.
6 Paragraph 17(a)
6A Section 4 (after paragraph (a) of the definition of the
Omit 'and the Northern Territory,' and substitute 'the Australian Capital Territory and the Northern Territory'.
6B Paragraph 6(b)
6C Paragraph 6(hb)
Prohibits the omission of certain words.
6D Subsection 35(1)
crimes-legislation-enhancement-act-2003.pdf, p.19
Must represent the Australian Capital Territory
6E After paragraph 35(1)(b)
Omit or substitute a specific phrase in subsection 35(3)
6F Subsection 35(3)
Substitute ‘or a member who is to represent the Australian Capital Territory or the Northern Territory’
Establishes a temporal relationship between omitting and substituting
Omit ‘or the member who is to represent the Northern Territory’
Applies reasoning to the phrase substitution
Prohibits omitting or substituting a phrase
Spreads the prohibition to related phrases
Omit 'or of the Northern Territory', substitute 'or that Territory'
6G Subsection 35(3)
Insertion of 'of the Australian Capital Territory' after 'Minister of a State'
6H Subsection 35(4)
Substitute 'that Territory' for 'the Northern Territory'
6J Subsection 35(4)
Permission for appointment of member to represent Australian Capital Territory
6K After paragraph 36(1)(b)
6L Subsection 36(2)
Member can resign by writing to Minister
6M After subsection 38(2)
6N Paragraphs 43(a) and (b)
6NA Subsection 46(2)
Omit 'or the Northern Territory', substitute ', the Australian Capital Territory or the Northern Territory'
6P Paragraph 46(b)
Prohibits omitting 'or the Northern Territory'
Repeal subsection and substitute with new provision requiring testimony to be signed or certified by a judge, magistrate, or officer in the foreign country.
7 Subsection 22(2)
Requires testimony to be signed or certified within a specific temporal interval.
Prohibits signing or certifying testimony without proper authorization.
8 Section 4 (definition of possession)
81A Interpretation
9 At the end of section 29
Permit examination or cross-examination of a person giving evidence or producing a document or other article at the proceeding.
9(3) At the end of section 29
Granting permission to examination or cross-examination.
9(4) At the end of section 29
crimes-legislation-enhancement-act-2003.pdf, p.25
1 Schedule
crimes-legislation-enhancement-act-2003.pdf, p.32
1 After Part IC
crimes-legislation-enhancement-act-2003.pdf, p.27
10 Paragraph 23WA(8)(f)
11 Paragraph 46(1)(ab)
12 Section 47
13 Paragraphs 47A(1)(d), 47B(1)(a) and 47C(1)(b)
Technical corrections relating to Part numbering in the Crimes Act 1914
14 Paragraph 233C(4)(a)
crimes-legislation-enhancement-act-2003.pdf, p.29
15 Subsection 5(2A)
16 Subsection 3P(1)
17 Subsection 3ZQC(4)
18 Subsection 23WA(1) (definition of Aboriginal legal aid
19 Section 23WCA (table items 4, 5 and 6)
2 Paragraph 23C(7)(fa)
crimes-legislation-enhancement-act-2003.pdf, p.26
Corrects a misdescribed amendment of the Crimes Act 1914.
2 After Part IA
20 Subsection 23WD(3)
21 Subsection 23WD(3) (note)
22 Crimes Legislation Enhancement Act 2003
22 Subsection 23WD(4)
23 Subsection 23WD(4) (note)
crimes-legislation-enhancement-act-2003.pdf, p.28
24 Crimes Legislation Enhancement Act 2003
24 Subsection 23WM(3)
crimes-legislation-enhancement-act-2003.pdf, p.30
25 Subsection 23WM(3) (note)
26 Crimes Legislation Enhancement Act 2003
26 Subsection 23WM(4)
27 Subsection 23WM(4) (note)
28 Paragraph 23XGD(2)(g)
28 Crimes Legislation Enhancement Act 2003
29 Section 23YS
Repeal heading and substitute with new heading.
3 Part 1AA (heading)
A new heading must be established to replace the repealed heading.
30 Subsection 203H(1)
31 Subsection 411(1)
32 Subsection 425(1)
33 Subsection 107DD(1)
crimes-legislation-enhancement-act-2003.pdf, p.31
34 Subsection 11C(1)
35 Subsection 66AN(1)
36 Schedule
37 Subsections 3ZH(2), (2A) and (3A) and 3ZJ(6A)
38 Subsection 3ZL(4)
39 Paragraphs 23B(6)(b) and 23C(7)(i)
4 Section 23YR (note)
Repeal heading and substitute with new text.
40 Part 1D (heading)
41 Item 1 of Schedule 1 (heading)
crimes-legislation-enhancement-act-2003.pdf, p.33
Amendments do not invalidate certain instruments or actions.
42 Saving provision
Exempts certain instruments and actions from invalidation.
Corrects misdescribed amendment of the Crimes Act 1914
5 Section 4
Obligation to correct misdescribed amendment
6 Item 2 of Schedule 1 (heading)
7 Schedule
8 Subsection 3X(4) (definition of prisoner unlawfully at large)
9 Part 1B (heading)
crimes-legislation-enhancement-act-2003.pdf, p.5
1 Short title
crimes-legislation-enhancement-act-2003.pdf, p.7
1 July 1995
1 Section 1
1 March 2003
crimes-legislation-enhancement-act-2003.pdf, p.6
1 January 2003
1 November
10 December
10 Section 10
Reference to Schedule 2, items 16A to 16E
10A Section 10A
Conditional commencement of Schedule 2 item 17
11 Section 11
Fixes a single day for Schedule 2 items 18 to 22 subject to subsection (3)
11A Section 11A
Defines a temporal interval for Schedule 2 items
12 Section 12
The day on which this Act receives the Royal Assent
13 Section 13
14 Section 14
15 Section 15
Commencement of Schedule 3 item 15 after amendment
16 Section 16
16 July 2000
17 July 1990
17 January 1990
Conditional commencement of Schedule 3, item 16
17 Section 17
18 April 1995
Conditional commencement of Schedule 3 item 17 after the commencement of the Crimes Amendment (Age Determination) Act.
18 Section 18
Conditional commencement of Schedule 3 items 18 to 29 after item 1 of Schedule 1 to the Crimes Amendment (Forensic Procedures) Act 1998
19 Section 19
2 Commencement
Schedule 1 items 1 to 7, day of Royal Assent
2 Section 2
2 Crimes Legislation Enhancement Act 2003
Conditional commencement of item 28 of Schedule 4 to the Customs, Excise and Bounty Legislation Amendment Act 1995.
20 Section 20
Requires a relation between identifiable temporal intervals.
Immediately after the commencement of item 28 of Schedule 4 to the Customs, Excise and Bounty Legislation Amendment Act 1995
Conditional commencement of Schedule 3 items 31 and 32
21 Section 21
Temporal interval requires relation to Environment Protection and Biodiversity Conservation Act 1999 commencement
Requires relation between identifiable temporal intervals for commencement
Commencement is specified as immediately after the commencement of another act
Commencement is dependent on another act
Classifies the legal effect as a conditional provision
Schedule 3 items 31 and 32 are conditional on commencement of the Environment Protection and Biodiversity Conservation Act 1999
Knowledge or belief required for Schedule 3 items 31 and 32 to take effect
Requires knowledge or belief about the commencement of the Environment Protection and Biodiversity Conservation Act 1999
Temporal interval requires ordered or recurring trace to Environment Protection and Biodiversity Conservation Act 1999 commencement
Requires ordered or recurring trace for commencement
Conditional commencement of item 1 of Schedule 1 to the Taxation Laws Amendment (Excise Arrangements) Act 2001
22 Section 22
23 January 1999
Conditional commencement of item 16 of Schedule 3 to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999
23 Section 23
23 June 2000
crimes-legislation-enhancement-act-2003.pdf, p.8
23 July 1998
Information may be included in any published version of this Act.
23(2) July 1998
23(3) July 1998
Conditional commencement of item 221 of Schedule 1 to the Quarantine Amendment Act 1999
24 Section 24
Requires a relation between identifiable temporal intervals for conditional commencement
Item 221 of Schedule 1 to the Quarantine Amendment Act 1999 has a specific commencement date
Requires AI processing for conditional commencement
Classifies the legal effect as an undertaking
The provision imposes a condition on the commencement of item 221 of Schedule 1 to the Quarantine Amendment Act 1999
Requires an ordered or recurring trace for conditional commencement
Requires validation for conditional commencement
25 Section 25
Immediate action after Act received Royal Assent
26 Section 26
28 November
28 May 1997
2A Section 2A
Defines a temporal interval for Schedule 1 item 7A
2B Section 2B
3 June 2003
Amendment of Schedule 1 in the Crimes Act 1914
3 Schedule(s)
3 Section 3
Requires relation between identifiable temporal intervals for conditional commencement
Section 6 commencement is dependent on another event
3 December
30 May 1994
30 November
31 March 1999
4 Section 4
4 June 2001
4 May 2001
4 Crimes Legislation Enhancement Act 2003
Section 9 of the Crimes Legislation Amendment Act (No. 2) 1989
Classifies the legal effect as Undertaking
No clear duty, ban, grant permission, or create a right
Requires ordered or recurring trace for conditional commencement
4A Section 4A
Conditional commencement of Schedule 2 item 1 after Witness Protection Act 1994 commencement
5 Section 5
5A Section 5A
Defines a temporal interval for commencement
5B Section 5B
Conditional commencement of the Act upon Royal Assent.
6 Section 6
Immediate receipt of Royal Assent after certain legislation.
7 Section 7
8 Section 8
Commencement information for Crimes Legislation Enhancement Act 2003
8 July 1996
Immediate action after Royal Assent received
9 Section 9
An Act to amend the Crimes Act 1914 and other legislation relating to criminal law or law enforcement, and for related purposes
Crimes Legislation Enhancement Act 2003