crimes-legislation-amendment-act-2011.pdf, p.7
Defines serious misconduct for staff members.
1 Subsection 4(1)
2 After section 47
crimes-legislation-amendment-act-2011.pdf, p.9
Section applies in relation to termination of employment after commencement.
3 Application of item 2
Section imposes an obligation on the State.
Add '(other than a power or function under section 47A)'
4 At the end of section 59A
Adding a clause to an existing provision
Termination of employment for serious misconduct
47A Termination of employment of member of staff for serious
Termination overlaps with staff member's employment
CEO terminates staff member's employment
Termination is prohibited for serious misconduct
CEO prohibits termination for serious misconduct
crimes-legislation-amendment-act-2011.pdf, p.10
Investigations and reports on staff members of the Australian Crime Commission Act 2002
5 Subsection 5(1) (at the end of paragraph (aa) of the
Staff members of the Australian Crime Commission Act 2002 are subject to investigations and reports
Must provide information to Chief Executive Officer if certain conditions apply
6 After paragraph 68(c)
Applicability of amended Telecommunications Act
7 Application
crimes-legislation-amendment-act-2011.pdf, p.12
Review of operation of amendments relating to serious misconduct by staff member
8 Review of operation of amendments relating to serious
crimes-legislation-amendment-act-2011.pdf, p.13
1 Subsection 46A(3)
crimes-legislation-amendment-act-2011.pdf, p.14
Omit 'an examiner', substitute 'a full-time examiner'.
10 Subsection 46D(2)
Grant part-time examiner leave of absence
11 At the end of section 46D
Substitute 'A full-time examiner' for 'An examiner'
12 Section 46G
13 At the end of section 46G
Part-time examiner must not engage in paid employment that conflicts with duties.
13(2) At the end of section 46G
Temporal overlap between duties and employment
(2) A part-time examiner must not engage in any paid employment...
Duty and employment are classified as conflicting.
Artificial intelligence classification of duty and employment
No paid employment that conflicts with duties.
Prohibition is propagated to all related actions.
The CEO requires the part-time examiner to provide details about their employment.
13(3) At the end of section 46G
The CEO requires the part-time examiner to provide details.
crimes-legislation-amendment-act-2011.pdf, p.15
Insertion of '(being a full-time examiner)' after 'the examiner'
14 Paragraph 46H(2)(b)
15 Paragraph 46H(2)(d)
Omit “office.” and substitute “office (see subsection 46G(1)); or”.
16 Paragraph 46H(2)(d)
Examiner must not engage in paid employment that conflicts with duties.
17 At the end of subsection 46H(2)
No effect on appointment validity before commencement
18 Savings provision for items 5 to 17
2 Savings provision for item 1
The CEO must take action after a certain date.
3 At the end of section 46A
(a) each arrangement that the CEO has made with an examiner under subsection (3) during the previous 6 months; and (b) the nature of the ACC operation/investigation to which the arrangement relates.
Notify Minister of CEO arrangements and ACC operation/investigation details annually.
31 December each year, notify the Minister in writing of:
Temporal interval for 'previous 6 months'.
Diffusion logic for 'annual notification'.
Recurring trace for 'annual notification'.
Defines the period for notification under subsection 46A(4) of the Australian Crime Commission Act 2002.
4 Transitional provision for item 3
5 Subsection 46B(4) (third sentence)
Amendment applies to appointment of examiner after commencement.
6 Application of item 5
7 At the end of subsection 46B(4)
Examiner may be appointed on a full-time or part-time basis.
8 Subsection 46B(5)
Permission to appoint examiner on a full-time or part-time basis.
Omit 'An examiner', substitute 'A full-time examiner'.
9 Subsection 46D(1)
crimes-legislation-amendment-act-2011.pdf, p.16
Omit 'or constable assisting', substitute 'of a warrant in relation to premises, or constable assisting,'.
1 Subsection 3K(1)
New text: of a warrant in relation to premises, or constable assisting,
Remove the phrase 'or constable assisting'
crimes-legislation-amendment-act-2011.pdf, p.17
10 Subsection 3L(1)
11 Subsection 3LAA(1)
Modify definition of 'occupier' in equipment context
12 Paragraph 3LAA(5)(b)
Repeal and substitute a condition related to movement under subsection 3K(2)
13 Subparagraph 3LA(1)(a)(ii)
Prohibits movement under subsection 3K(2)
Omit specific phrase from warrant premises
14 Subparagraph 3LA(1)(a)(iii)
15 Subsection 3LA(3) (note)
16 Paragraph 3LB(1)(a)
Imposes a duty on the legislative body to amend the Crimes Act 1914
crimes-legislation-amendment-act-2011.pdf, p.18
17 Paragraph 3LB(1)(b)
18 Subsection 3LB(2)
Regard must be had to whether any person provided appropriate warning or guidance on the operation of equipment.
19 Subsection 3M(4)
Omit 'the premises' and substitute with a warrant or thing found during search.
2 Subsection 3K(2)
Substitute with warrant or thing found during search.
20 Subsection 3ZQV(1)
Omit specific phrase from warrant premises.
21 Subsection 3ZQV(5) (note)
Omit ‘removed under that section from warrant premises’
Regard must be had to whether any appropriate warning or guidance was provided before equipment operation.
22 Subsection 3ZQW(4)
crimes-legislation-amendment-act-2011.pdf, p.19
23 Application of this Part
crimes-legislation-amendment-act-2011.pdf, p.20
Defines terrorist act for legal purposes.
24 Subsection 3(1)
...as the same meaning as in subsection 100.1(1)
25 Subsection 3C(1) (definition of magistrate)
26 Section 3CA
27 Section 3UA (definition of terrorist act)
28 Subsection 3ZQM(7) (definition of terrorist act)
Repeal heading and substitute with new heading.
29 Subdivision B of Division 4C of Part IAA (heading)
3 Paragraph 3K(2)(b)
Permits retention of thing under certain conditions.
30 Before paragraph 3ZQX(2)(a)
crimes-legislation-amendment-act-2011.pdf, p.21
31 At the end of section 3ZQX
Commissioner must return document to person who produced it or its owner if not entitled.
31(3) At the end of section 3ZQX
The Commissioner does not have to take steps if certain conditions are met.
31(4) At the end of section 3ZQX
The Commissioner does not have to take steps if the application for an order has not been determined.
The Commissioner has an obligation that is exempted under certain conditions.
32 Subdivision C of Division 4C of Part IAA (heading)
Repeal and substitute paragraph 3ZQY(2)(b)
33 Paragraph 3ZQY(2)(b)
crimes-legislation-amendment-act-2011.pdf, p.22
34 Section 3ZQZ
35 Subdivision D of Division 4C of Part IAA (heading)
Things may be retained under certain conditions.
36 At the end of subsection 3ZQZA(2)
Omit “If”, substitute “Despite subsection (2), if”.
37 Subsection 3ZQZA(3)
38 Subsection 3ZQZA(4)
39 Section 3ZQZB
Magistrate may make an order on application by the Commissioner.
39(1) Section 3ZQZB
Preventing use in committing terrorist act, terrorism offence or serious offence
39(2) Section 3ZQZB
Temporal interval for retention of seized items
(2) The magistrate may order that a thing seized under Division 3 or 3A be retained for the period specified in the order if the magistrate is satisfied that the thing is being used, or is required to be used, for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings.
Justification for retention of seized items
Magistrate may make orders if satisfied reasonable grounds exist to suspect thing or document will be used in commission of terrorist act.
39(3) Section 3ZQZB
Forfeiture of thing or document to the Commonwealth
39(4) Section 3ZQZB
the thing or document overlaps with a time period of forfeiture
Overlaps with time periods of retention and forfeiture
(b) an order that the thing or document is forfeited to the Commonwealth;
the AI system recognizes the thing or document as forfeited
Recognizes thing or document as forfeited by AI system
the thing or document is forfeited to the Commonwealth
Prohibits retention of thing or document
the information spreads about the thing or document being forfeited
Spreads information about thing or document's status as forfeited
the thing or document has a recurring trace of being forfeited
Recurring trace of thing or document's status as forfeited
Person must consent in writing for a thing found during a search under a warrant.
4 At the end of subsection 3K(2)
crimes-legislation-amendment-act-2011.pdf, p.24
Amendments apply to things seized or documents produced under Part IAA of the Crimes Act 1914.
40 Application of items 30 to 39
Imposes an obligation on the amendment to apply to specified things and documents.
crimes-legislation-amendment-act-2011.pdf, p.25
41 Section 3ZW
Delegate powers to Commonwealth officer under certain conditions.
42 At the end of section 3ZW
crimes-legislation-amendment-act-2011.pdf, p.26
Both fingerprints or photographs of a person and imprisonment for 12 months or more must be applied.
43 After paragraph 3ZJ(3)(b)
Applicable to persons taken into custody after Part commencement
44 Application of this Part
Replace 'the occupier' with 'the person referred to in paragraph (2)(b) or (c)'
5 Paragraph 3K(3)(a)
Omit 'the occupier', substitute 'that person'.
6 Paragraph 3K(3)(b)
Substitute a specific person in a provision.
7 Subsection 3K(3C)
Replace 'the occupier' with 'that person'
8 Subsection 3K(3C)
Replacement of a term with an alternative
Omit specific phrase from warrant premises operation
9 Subsection 3K(4)
crimes-legislation-amendment-act-2011.pdf, p.27
Commissioner may authorise special payments to Deputy Commissioners.
1 At the end of subsection 20(2A)
crimes-legislation-amendment-act-2011.pdf, p.29
Commissioner may delegate power to senior executive AFP employee
10 At the end of section 69C
Commissioner may authorise special payments to a person performing functions under an agreement.
11 At the end of subsection 69D(2)
Amendment applies in special circumstances
12 Application of item 4
Commissioner may authorise special payments to AFP employees.
2 At the end of subsection 27(1)
Authorise special payments to consultants and independent contractors who are AFP appointees.
3 At the end of subsection 35(2)
35A Payments in special circumstances
Commissioner may authorise payments to a person under special circumstances.
35A(1) Payments in special circumstances
Commissioner may authorise payments to AFP appointees
35A(2) Payments in special circumstances
Payments may be authorised under this section even though the payments would not otherwise be authorised by law or required to meet a legal liability.
35A(3) Payments in special circumstances
Permission to make payments under this section
No authorisation can be made under this section if it would involve a total amount of more than $100,000.
35A(4) Payments in special circumstances
Prohibition on making authorisation under this section if it would exceed $100,000.
Payment recovery upon breach of conditions
35A(5) Payments in special circumstances
If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.
Conditions may be attached to payments under this section.
Insert clause after Division 3 of Part III
4 After Division 3 of Part III
crimes-legislation-amendment-act-2011.pdf, p.28
Commissioner may authorise special payments to special members.
5 At the end of subsection 40E(1)
Commissioner may authorise special payments to special protective service officers.
6 At the end of section 40EC
Commissioner may authorise special payments
7 At the end of subsection 69A(2)
8 Section 69C
9 Section 69C
crimes-legislation-amendment-act-2011.pdf, p.5
1 Short title
crimes-legislation-amendment-act-2011.pdf, p.6
1 Section 1
2 Commencement
2 March 2011
2 Section 2
3 Section 3
3 March 2011
Schedules governing amendments and repeals of Acts
3 Schedule(s)
The day this Act receives the Royal Assent.
4 Section 4
An Act to amend various Acts relating to the enforcement of the criminal law, and for other purposes
Crimes Legislation Amendment Act 2011