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