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