law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.7
Insert provision after Part 9.4 of the Criminal Code
1 After Part 9.4 of the Criminal Code
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.14
10 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.12
2 Dictionary in the Criminal Code
Definition of 'deal' in identification information
3 Dictionary in the Criminal Code
Definition of identification information and identification documentation.
370 Section 370
Identification information is required during the use of identification documentation.
Identifies the time period during which identification information must be provided.
A person must provide identification information when using identification documentation.
A person must provide identification information to avoid pretending to be someone else.
Implies that a person must provide identification information to avoid pretending to be someone else.
A person who uses identification documentation must pretend to be themselves.
A person must provide identification information to be recognized by their identification information.
Recognizes that a person must provide identification information when using identification documentation.
A person who uses identification documentation can be identified by their identification information.
A person must provide identification information.
Requires identification information to be provided.
Identification documentation contains or incorporates identification information.
Identification documentation is a document containing identification information.
Identifies a subclass of documents that contain identification information.
Identification documentation is capable of being used by a person for the purpose of pretending to be, or passing the person off as, another person.
The diffusion of identification documentation does not require a person to provide identification information.
Diffuses the requirement that a person must provide identification information when using identification documentation.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.8
372 Section 372
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.9
Possessing identification information and intending its use constitutes an offence.
372(1) Section 372
(b) The first person intends that any person will use the identification information to engage in conduct.
Possession and intent create obligation.
(a) The first person possesses identification information.
Conduct must be an offence against section 372.1.
(c) The conduct referred to in paragraph (b) constitutes an offence against section 372.1.
Absolute liability applies to the paragraph (1)(c) element of the offence.
372(2) Section 372
Identification information can be possessed despite consent from the person to whom it relates.
372(3) Section 372
372(4) Section 372
Possession of equipment used to make identification documentation is an offence.
Prohibits possession of equipment used to make identification documentation.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.10
Extended geographical jurisdiction—category A applies to an offence against this Division.
Prosecution must be conducted if the trier of fact is not satisfied that the defendant is guilty beyond reasonable doubt.
Accord procedural fairness to defendant in finding of guilt.
No attempt is an offence against this Division.
Dealing in identification information is prohibited.
Prohibits dealing in identification information.
Classifies 'deal' as including make, supply or use any such information.
Section applies despite impossibility or consent issues.
Temporal overlap with impossibility condition.
Exemption from section 372's application for dealing with one's own identification information.
Dealing with one’s own identification information overlaps with section 372's application.
Describes a temporal relationship between the exemption and section 372's application.
The exemption applies to dealing with one’s own identification information at any time.
Dealing with one’s own identification information is recognized as exempt from section 372's application by artificial intelligence systems.
Describes the recognition of the exemption by artificial intelligence systems.
Artificial intelligence systems recognize the exemption for dealing with one’s own identification information.
Section 372 does not apply to dealing in the first person’s own identification information.
Imposes an obligation on the state to exempt individuals from section 372's application.
The state is required to exempt individuals from section 372's application for dealing with their own identification information.
Dealing with one’s own identification information diffuses to other individuals who are exempt from section 372's application.
Describes the diffusion of the exemption to other individuals or contexts.
The exemption diffuses to other individuals who deal with their own identification information.
Dealing with one’s own identification information is recurrently exempt from section 372's application.
Describes a recurring relationship between the exemption and section 372's application.
The exemption applies to dealing with one’s own identification information repeatedly.
375 Section 375
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.11
Certificate must identify victim and describe dealing in identification information.
375(1) Section 375
Obligation to provide identification information
Magistrate may consider additional information in certificate.
375(2) Section 375
Dealer's identity must not be identified in the certificate.
375(3) Section 375
The certificate must not identify the dealer.
The certificate must identify the dealer.
Magistrate may issue a certificate under section 375.1 regarding the dealer's identifiability.
Magistrate has an obligation to issue a certificate.
Magistrate's personal capacity limitation
Power conferment occurs during the magistrate's personal capacity.
Temporal relationship between power conferment and personal capacity
(1) Power is conferred by this Division on a magistrate only in a personal capacity and not as a court or a member of a court.
Power conferment requires the magistrate's personal capacity.
Personal capacity limitation as a condition for power conferment
Magistrate's power is limited to their personal capacity.
Magistrate does not need to accept power conferred.
The magistrate does not need to accept the power conferred.
The magistrate needs to accept the power conferred.
Magistrate has protection and immunity while exercising power under Division.
Obligation to have protection and immunity
Deal, in identification information, includes make, supply or use any such information.
Definition of 'deal' includes making, supplying or using identification information.
(2) This section applies: (a) even if: (i) committing the offence referred to in paragraph (1)(b) is impossible; or (ii) the offence referred to in paragraph (1)(b) is to be committed at a later time;
Imposes duty on the state despite impossibility.
List of personal identification documents prohibited from being used for identity verification purposes.
4 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
4 Dictionary in the Criminal Code
No listed document may be used for identity verification between January 1, 2012 and December 31, 2015.
Prohibits the use of listed documents during a specific time period.
The Act prohibits the use of listed documents from January 1, 2012 to December 31, 2015.
All relevant authorities must be aware of the prohibition of using listed documents for identity verification purposes.
Cognizes the prohibition of using listed documents for identity verification purposes.
The Act cognizes the prohibition of using listed documents for identity verification purposes and requires all relevant authorities to be aware of it.
No listed document may be used for identity verification.
Prohibits the use of listed documents for identity verification.
The Act prohibits the use of listed documents for identity verification purposes.
The listed documents are prohibited for identity verification purposes.
Classifies personal identification documents as prohibited for identity verification purposes.
The Act classifies the following documents as prohibited for identity verification: (f) a voice print; (g) a credit or debit card, its number, or data stored or encrypted on it; (h) a financial account number, user name or password; (i) a digital signature; (j) a series of numbers or letters (or both) intended for use as a means of personal identification; (k) an ABN.
All relevant authorities must not use listed documents for identity verification purposes.
Diffuses the prohibition of using listed documents for identity verification purposes.
The Act diffuses the prohibition of using listed documents for identity verification purposes to all relevant authorities.
Definition of identification information
5 Dictionary in the Criminal Code
Conduct constitutes an offence against section 372.1.
6 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
6 Dictionary in the Criminal Code
8 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
Magistrate cannot issue certificate under section 375.1 if it would prejudice proceedings.
8(2) Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
Certificate not admissible in proceedings
8(3) Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
The certificate is not admissible in proceedings.
(3) The certificate is not admissible in any proceedings.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.15
1 Subsection 3(1)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.17
10 Before section 35
Repeal sections and substitute with ComLaw Authoritative Act C2011A00003
11 Sections 35 to 40
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.16
12 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.22
12 Before section 41
13 Subsection 41(1)
Conspiring to charge someone falsely with an offence is a crime.
13(1) Subsection 41(1)
Prohibits conspiring to charge someone falsely with an offence.
(1) A person commits an offence if: (a) the person conspires with another person:
Prohibits charging someone falsely with an offence.
If a person conspires to charge someone falsely, then they commit an offence.
Absolute liability applies to the paragraph (1)(b) element of the offence.
13(1A) Subsection 41(1)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.18
14 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
14 Subsections 42(1) and (2)
Conspiring to obstruct justice is an offence.
14(1) Subsections 42(1) and (2)
Prohibits conspiring to obstruct justice.
(a) the person conspires with another person...
(b) the judicial power is the judicial power of...
Implies imprisonment for 10 years if conspiring to obstruct justice.
14(2) Subsections 42(1) and (2)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.23
15 Subsections 43(1) and (2)
15(1) Subsections 43(1) and (2)
(a) the person commits an offence if: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and
(1) A person commits an offence if: (a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power; and (b) the judicial power is the judicial power of the Commonwealth. Penalty: Imprisonment for 10 years.
(b) the judicial power is the judicial power of the Commonwealth.
(a) the person attempts to obstruct, to prevent, to pervert or to defeat the course of justice in relation to a judicial power.
Implies that obstructing justice is a crime.
15(2) Subsections 43(1) and (2)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.20
16 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
Repeal sections and substitute with new provisions
16 Sections 44 and 45
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.24
17 Before section 46
18 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.25
Repeal sections and substitute with new provisions.
18 Sections 46 to 48
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.30
Imposes obligation on Commonwealth to treat arrest and custody as if committed under a law of the Commonwealth.
183 Aiding persons to escape etc.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.28
19 Before section 49
2 Subsection 3(1)
20 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.29
Repeal section and substitute with new content.
20 Section 49
False testimony in a judicial proceeding is prohibited.
The provision applies during the duration of the judicial proceeding.
Prohibits false testimony in a judicial proceeding.
Imposes an obligation to not give false testimony in a judicial proceeding.
Prohibits the act of giving false testimony in a judicial proceeding.
Absolute liability applies to the paragraph (3)(c) element of the offence.
Prevents a person from attending as a witness or producing evidence.
The penalty commences on the specified date.
Defines a temporal interval for the commencement of the penalty.
The provision prohibits the specified conduct.
Recognizes the legal effect of the provision.
(b) the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons;
the judicial proceeding is a federal judicial proceeding.
The penalty is imposed on the specified agent.
Diffuses the penalty to the specified agent.
The judicial proceeding is subject to absolute liability.
Defines a recurring trace of the judicial proceeding.
(2) Absolute liability applies to the paragraph (1)(c) element of the offence.
Abstain from, discontinue or delay a prosecution for an offence; or withhold evidence of an offence.
Temporal relation between prosecution and evidence withholding
(ii) abstain from, discontinue or delay a prosecution for an offence; or (iii) withhold evidence of an offence.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.26
Absolute liability applies to the paragraph (1)(d) element of the offence.
Defendant bears evidential burden to prove prevention of escape.
Escape prevention is a prerequisite for exemption.
Prevention of escape is a temporal condition.
(a) Terminates his or her aid to the prisoner; (b) takes all reasonable steps...
Defendant must prove prevention of escape.
Defendant's knowledge is represented by evidential burden.
Escape prevention is a necessary condition for exemption.
Prevention of escape is an information flow condition.
Defendant's actions are part of a recurring pattern.
Defendant's actions create a recurring pattern.
Guilty even if not prosecuted for related offence
Defendant bears evidential burden in relation to matter in subsection (3)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.32
21 Subsection 4(1) (subparagraph (a)(i) of the definition of
Prohibits omitting ‘(other than paragraph (b))’.
22 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
Insert 'federal' before 'judicial proceeding'
22 Subsection 32P(2)
Text now contains 'federal judicial proceeding'
Repeal section and substitute with new provision
23 Section 183
24 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
24 After section 56
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.31
25 Section 80
Arrest under section 25 of the Act is considered an arrest in respect of a Commonwealth offence.
25A Aiding persons to escape etc.
26 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
26 Section 25A
Repeal section and substitute with ComLaw Authoritative Act C2011A00003
27 Section 31A
28 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
28 Paragraph 5D(8)(b)
Substitute definition of federal criminal detention in section 45A
29 Subsection 26(1)
3 Subsection 3(1)
Omit “that section”, substitute “the definition of federal criminal detention in section 45A of that Act”.
30 Subsection 26(2)
Defines federal judicial proceeding and judicial tribunal.
31 Judicial proceeding and tribunal definitions
Defines subclass relationships between terms.
Arrest under section 31 of the Act is considered an arrest in respect of a Commonwealth offence.
31A Aiding persons to escape etc.
34 Judge or magistrate acting oppressively or when interested
Judge or magistrate acting oppressively or when interested
34(1) Judge or magistrate acting oppressively or when interested
The temporal overlap between the judge's or magistrate's actions and their oppressive behavior must be greater than 0.
Temporal overlap between judge's or magistrate's actions and oppressive behavior
(judge or magistrate is required or authorised by law to admit a person accused of an offence to bail)
The judge or magistrate must not require excessive and unreasonable bail.
Prohibition of judge or magistrate acting oppressively
The judge or magistrate must act impartially when admitting a person accused of an offence to bail.
Obligation on judges or magistrates to act impartially
The oppressive behavior of the judge or magistrate must diffuse throughout the legal system.
Diffusion of oppressive behavior through the legal system
The judge's or magistrate's oppressive behavior must be recurring if it requires excessive and unreasonable bail.
Recurring nature of judge's or magistrate's oppressive behavior
Defendant bears evidential burden in relation to a reasonable excuse.
34(2) Judge or magistrate acting oppressively or when interested
Judge or magistrate has a reasonable excuse.
34(3) Judge or magistrate acting oppressively or when interested
Prohibits judge or magistrate acting oppressively or when interested
(3) Absolute liability applies to the paragraph (1)(e) element of the offence.
Committing an offence for perversely exercising jurisdiction in a matter with personal interest.
34(4) Judge or magistrate acting oppressively or when interested
Prohibits perversely exercising jurisdiction in a matter with personal interest.
Imposes an obligation to not perversely exercise jurisdiction in a matter with personal interest.
Permits the judge or magistrate to exercise jurisdiction in a matter without personal interest.
Implicates that perversely exercising jurisdiction in a matter with personal interest leads to committing an offence.
Absolute liability applies to the paragraph (4)(d) element of the offence.
34(5) Judge or magistrate acting oppressively or when interested
35 Giving false testimony
Giving false testimony in a federal judicial proceeding is prohibited.
35(1) Giving false testimony
The person gives false testimony touching a matter.
35(2) Giving false testimony
35(3) Giving false testimony
Giving false testimony is not a requirement for the purposes of this section.
35(4) Giving false testimony
This section does not require testimony.
36 Fabricating evidence
36(1) Fabricating evidence
36(2) Fabricating evidence
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.19
36A Intimidation of witnesses etc.
Threatening or intimidating a witness in a federal judicial proceeding is prohibited.
36A(1) Intimidation of witnesses etc.
Establishing a temporal relationship between the actions of a person who threatens or intimidates a witness in a federal judicial proceeding and the penalty.
(1) A person (the first person) commits an offence if...
Prohibition of threatening or intimidating a witness in a federal judicial proceeding.
Tracing the actions of a person who threatens or intimidates a witness in a federal judicial proceeding.
Absolute liability for intimidation of witnesses
36A(2) Intimidation of witnesses etc.
Giving or conferring property to another person is an offence.
37 Corruption of witnesses
Prohibits giving or conferring property to another person.
38 Deceiving witnesses
38(1) Deceiving witnesses
38(2) Deceiving witnesses
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.21
39 Destroying evidence
Destroying evidence in a federal judicial proceeding is prohibited.
39(1) Destroying evidence
Prohibition of destroying evidence in a federal judicial proceeding.
(a) the person knows that a book, document or thing is, or may be, required in evidence in a judicial proceeding;
(b) the person destroys the book, document or thing;
(c) the person does so with the intention of preventing the book, document or thing from being used in evidence;
(d) the judicial proceeding is a federal judicial proceeding.
The penalty is Imprisonment for 5 years.
39(2) Destroying evidence
4 Subsection 3(1)
Defines a term with an obligation to provide its meaning
Preventing witnesses from attending Court
40 Preventing witnesses from attending Court
...and ComLaw Authoritative Act C2011A00003
44 Compounding offences
...upon an agreement or understanding that the first person will: (i) compound or conceal an offence;
45 Inserting advertisements without authority of court
Inserting advertisements without court authority is prohibited.
45(1) Inserting advertisements without authority of court
Prohibits inserting advertisements without court authority.
Prohibition on inserting advertisements without court authority
45(2) Inserting advertisements without authority of court
45A Criminal detention definitions
Aiding prisoner to escape is prohibited.
46 Aiding prisoner to escape
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person aids the prisoner: (i) to escape from that detention; or (ii) to attempt to escape from that detention; and (c) the prisoner escapes, or attempts to escape, from that detention; and (d) the detention is lawful federal criminal detention.
46A Aiding prisoner to escape—conveying thing into prison etc.
Conveying a thing into prison to facilitate prisoner escape is prohibited.
46A(1) Aiding prisoner to escape—conveying thing into prison etc.
Conveying a thing into prison is related to the prisoner's escape attempt.
Temporal relation between conveying and prison visit
(1) A person (the first person) commits an offence...
Aiding prisoner escape is represented as a crime.
Knowledge representation of aiding prisoner escape as a crime
Aiding prisoner escape is a recurring trace.
Recurring trace of aiding prisoner escape attempts
The provision is validated as prohibiting aiding prisoner escape.
Validation of aiding prisoner escape prohibition
Conveying thing into prison for aiding prisoner to escape is prohibited.
46A(2) Aiding prisoner to escape—conveying thing into prison etc.
47 Escaping
Escaping from lawful federal criminal detention is an offence.
47(1) Escaping
...and (c) the detention is lawful federal criminal detention.
Establishes a temporal relation between the person's detention and escape.
(a) the person is in criminal detention; and (b) the person escapes from that detention;
Prohibits escaping from lawful federal criminal detention.
(a) the person is in criminal detention; and (b) the person escapes from that detention; and (c) the detention is lawful federal criminal detention.
Imposes an obligation on individuals to not escape from lawful federal criminal detention.
Diffuses the obligation to not escape from lawful federal criminal detention to all relevant parties.
Establishes a recurring trace of the person's escape from detention.
47(2) Escaping
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.27
47A Rescuing a prisoner from criminal detention
Rescuing a prisoner from criminal detention is prohibited.
47A(1) Rescuing a prisoner from criminal detention
(1) A person (the first person) commits an offence if: (a) another person (the prisoner) is in criminal detention; and (b) the first person rescues the prisoner from that detention by force; and (c) the detention is lawful federal criminal detention.
Temporal overlap between rescuing a prisoner and criminal detention.
Recognition of rescuing a prisoner from criminal detention as an offence.
Prohibition of rescuing a prisoner from criminal detention.
Diffusion of knowledge about rescuing a prisoner from criminal detention.
Recurring trace of rescuing a prisoner from criminal detention.
47A(2) Rescuing a prisoner from criminal detention
47B Person unlawfully at large
Leaving prison without permission is an offence.
47B(1) Person unlawfully at large
Prohibition of leaving prison without permission.
47B(2) Person unlawfully at large
A reasonable excuse excuses the application of paragraph (1)(d)
47B(3) Person unlawfully at large
47C Permitting escape
Intentionally or negligently permitting a prisoner to escape from detention is an offence.
47C(1) Permitting escape
Temporal relation between escape and imprisonment
Prohibition of intentional or negligent escape
(b) the first person is charged for the time being with the criminal detention of another person (the prisoner); and...
(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and...
Recurring trace of escape and imprisonment
47C(2) Permitting escape
48 Harbouring etc. an escapee
48(1) Harbouring etc. an escapee
The first person commits an offence if...
(a) the first person knows that another person (the escapee) has escaped from a place where the other person was held in criminal detention;
(b) the first person harbours, maintains or employs the escapee;
(c) the detention was lawful federal criminal detention.
Absolute liability for harbouring an escapee
48(2) Harbouring etc. an escapee
49 Removing property under seizure
Receiving, removing, retaining, concealing or disposing of property attached under court process with intention to hinder or defeat attachment is an offence.
49(1) Removing property under seizure
49(2) Removing property under seizure
5 Subsection 3(1)
judicial tribunal has the meaning given by section 31.
Custody or detention under this Act is considered a custody in respect of an offence against a law of the Commonwealth.
56A Aiding persons to escape etc.
Custody in respect of an offence against a law of the Commonwealth.
The custody under this Act overlaps with the custody in respect of an offence against a law of the Commonwealth.
Custody under this Act implies custody in respect of an offence against a law of the Commonwealth.
Arrest in respect of an offence against a law of the Commonwealth.
Arrest under section 56 of this Act implies arrest in respect of an offence against a law of the Commonwealth.
The custody under this Act repeats with the custody in respect of an offence against a law of the Commonwealth.
6 Before section 31
7 Section 31
8 Before section 34
Imposes obligation on Commonwealth to treat arrest and custody as if it were under a federal law.
80 Aiding persons to escape etc.
9 Section 34
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.33
Insert 'functions or' after 'all or any of his or her'
1 Subsection 31(1)
2 Subsection 31(1)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.34
Delegation of function is not mandatory.
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.36
Person need not accept delegated function.
3 After subsection 31(1)
30 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
32 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
32A Immunity from civil proceedings
No civil action against certain persons in good faith performance of functions under the Act.
32A(1) Immunity from civil proceedings
There is no temporal restriction on when these persons can perform their functions.
Temporal overlap between actions under the Act
The good faith performance of functions under the Act may occur at any time.
Civil action is not possible if the person acts in good faith.
Implications for civil action against certain persons
If a person performs their function in good faith, they are protected from civil action.
Artificial agents are also protected from civil action under the Act.
The exemption from civil action applies to artificial agents as well.
No civil action lies against these persons.
No civil action against the Director, staff, or delegated persons in good faith performance of functions.
Delegated persons are also protected from civil action.
Diffusion of protection to delegated persons
The delegation of functions under the Act extends protection to those persons.
No civil action lies against a person employed under subsection 27(3) in relation to an act done, or omitted to be done, in good faith.
32A(2) Immunity from civil proceedings
Imposes a duty on the State to protect employees of the Director.
No civil action against a person assisting the Director in good faith.
32A(3) Immunity from civil proceedings
The person's good faith assistance overlaps with the Director's functions or powers.
Temporal overlap: The person's good faith assistance overlaps with the Director's functions or powers.
The person's services are made available to the Director in relation to an act done, or omitted to be done, in good faith.
Cognitive AI: The provision is a cognitive AI rule.
The Director's functions or powers are delegated to a person referred to in section 29 whose services are made available to the Director.
No civil action lies against the person.
The Director's functions or powers are delegated.
The provision diffuses to other persons referred to in section 29.
Diffusion: The provision diffuses to other persons referred to in section 29.
Subsection (1) applies to the extent that the Director's functions or powers are delegated to a person referred to in section 29 whose services are made available to the Director.
The person's good faith assistance is a recurring trace of the Director's functions or powers.
Recurring trace: The person's good faith assistance is a recurring trace of the Director's functions or powers.
No civil action against the AGS in good faith performing a function or exercising a power.
32A(4) Immunity from civil proceedings
Good faith performance overlaps with the scope of an arrangement.
Temporal overlap: Good faith performance within the scope of an arrangement.
(4) No civil action, suit or proceeding lies against the AGS...
CogAI recognizes good faith performance as a key aspect of AGS's functions.
Recognition: CogAI recognizes good faith performance as a key aspect of AGS's functions.
The AGS is obligated to perform functions or exercise powers in good faith.
Obligation to perform functions or exercise powers in good faith.
Good faith performance diffuses to other aspects of AGS's functions.
Diffusion: Good faith performance diffuses to other aspects of AGS's functions.
Good faith performance is a recurring aspect of AGS's functions.
Recurring trace: Good faith performance is a recurring aspect of AGS's functions.
No civil action against certain individuals in good faith assisting the AGS.
32A(5) Immunity from civil proceedings
32A(6) Immunity from civil proceedings
AGS is protected from civil proceedings during specified periods
Immunity applies during specified periods
(6) In subsections (4) and (5): AGS has the meaning given by subsection 32(4)
(AGS has the meaning given by subsection 32(4))
AGS is protected from civil proceedings in relation to related entities
Immunity implies diffusion of protection to related entities
Immunity implies protection from civil proceedings
Director may delegate functions and powers to certain persons or authorities.
4 After subsection 31(1A)
5 Subsection 31(2)
6 Subsection 31(2)
Insertion of 'performed or' after 'been'
7 Subsection 31(2)
8 Subsection 31(3)
9 After section 32
Insertion of additional words in a phrase.
1 Subsection 61(2)
2 Paragraph 62(2)(a)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.38
Mandatory communication of information in notices.
3 Paragraph 62(2)(b)
34 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
Insertion of communication under section 41 into subsection 49(1)
4 Subparagraphs 124(1)(a)(iv) and (1)(b)(iv) and (v)
Add: or (c) was obtained under section 16 of the Financial Transaction Reports Act 1988.
5 At the end of subsections 128(4) and (9)
Exempts AUSTRAC information from subsection 130(3) under certain conditions.
6 After subsection 130(3)
Exempts AUSTRAC information from subsection 130(3)
Subsection (3) does not apply to AUSTRAC information obtained under certain sections.
7 After subsection 131(3)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.37
Application of amendments to anti-money laundering and counter-terrorism financing acts
8 Application
1 Subsection 40LA(3)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.39
10 Section 40RO
The Commissioner's name must be inserted.
11 Subparagraph 40RO(a)(ii)
12 Subparagraph 40RO(b)(ii)
13 Paragraph 40RO(c)
Ensure that conduct does not warrant category 3 conduct
14 At the end of section 40RO
Insertion of subsection (3) before section 40TO
15 Subsection 40TN(1)
Omit specific language from law enforcement officers
16 Subsection 40TN(1)
Prohibits a person from being a member or special member
Replace certain titles with a specific title.
17 Subsection 61(1)
Insert 'or by his or her diligent service' after 'conspicuous conduct'
18 Subsection 61(1)
Conspicuous conduct or diligent service is now related to the defined temporal relation.
The law defines a new temporal relation 'diligent service'.
Conspicuous conduct or diligent service is now related to the defined cognitive agent.
Insertion of a new cognitive agent relation
The law defines a new cognitive agent 'diligent service'.
Conspicuous conduct or diligent service is now an obligation.
Conspicuous conduct or diligent service is now related to the defined diffusion relation.
The law defines a new diffusion relation 'diligent service'.
Conspicuous conduct or diligent service is now part of the defined trace.
The law defines a new trace 'diligent service'.
19 After subsection 61(1)
2 Paragraph 40LA(4)(a)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.40
Omit specific wording from uniform regulation.
20 Subsection 64A(2)
Award conferred on person for bravery or conspicuous conduct.
21 Application—item 18
3 Subsection 40M(1)
36 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
4 Before paragraph 40M(1)(a)
5 Paragraph 40M(1)(a)
6 Paragraph 40M(1)(a)
7 Paragraph 40M(1)(b)
8 Before paragraphs 40N(1)(c) and (2)(c)
9 Paragraph 40R(1)(b)
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.41
1 Section 55D
Repeal of a paragraph and substitution with a new definition
2 Subsection 55E(1) (paragraph (a) of the definition of
Prohibition of the specified name on certain rolls
The roll of barristers and solicitors of the High Court
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.42
Repeal and substitute a specific definition of AGS lawyer
3 Section 55I (paragraph (b) of the definition of AGS lawyer)
38 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act
Must be a barrister or solicitor on the specified rolls.
4 Subsection 55T(2)
Omit specific phrase from Crimes Act 1914
1 Subparagraphs 4AA(1)(d)(i) and (ii)
Omit specific phrase from Criminal Code Act 1995
2 Subparagraphs 3AA(1)(d)(i) and (ii)
Modify subsection 477.1(4) of the Criminal Code
3 Subsection 477.1(5) of the Criminal Code
4 Subsection 6(1) (after paragraph (k) of the definition of
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.5
Cites this Act as the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011.
1 Short title
law-and-justice-legislation-amendment-identity-crimes-and-other-measures-act-2011.pdf, p.6
1 Section 1
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
2 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011
Commencement rules for provisions in the Act.
2 Commencement
2 March 2011
2 Section 2
3 March 2011
3 Section 3
Schedules for amendment or repeal of Acts
3 Schedule(s)
4 Section 4
The commencement of the Act is dependent on the receipt of Royal Assent.
Defines temporal interval for commencement
The day after this Act receives the Royal Assent.
This section defines the commencement of the Act without imposing any duty, ban, grant permission, or create a right.
Classifies section as a provision with no direct obligation or prohibition
Schedules 2 to The day after this Act receives the Royal Assent.
It is known that the commencement of the Act is dependent on the receipt of Royal Assent.
Defines knowledge about the commencement of the Act
An Act to amend various Acts relating to law and justice, and for related purposes