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