1 Subsection 29(1)
Substitute interest is not held for property is not owned.
10 Paragraph 29(4)(b)
10 Crimes Legislation Amendment (Serious and Organised Crime) Act
100 Subsection 180(1)
101 Subsection 180(1)
Omit ‘(including the nature and location of any property)’.
102 Application
103 After section 180
104 Applying for orders under section 102 or 103
Application of sections 180A and 180B to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
104 Application
Defines a temporal interval for the application of sections 180A and 180B in relation to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
Defines a cognitive AI pattern for the application of sections 180A and 180B in relation to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
Imposes an obligation on the State to apply sections 180A and 180B in relation to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
Defines a diffusion pattern for the application of sections 180A and 180B in relation to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
Defines a recurring trace for the application of sections 180A and 180B in relation to applications for orders under section 73 or 77 of the Proceeds of Crime Act 2002
Application for order under section 102 or 103 after forfeiture
104(1) Applying for orders under section 102 or 103
Claiming an interest in forfeited property
Cannot make an application for an order under section 102 without court leave
104(2) Applying for orders under section 102 or 103
Court may give leave to apply under section 102 or 103
104(3) Applying for orders under section 102 or 103
Must provide written notice to DPP of application and grounds.
104(4) Applying for orders under section 102 or 103
105 Subsection 181(1)
106 Subsection 181(1)
Commences on a specified date, applying to convictions quashed after that date.
107 Application
Commencement specified on or after a certain date
108 Section 182
Court must consider examination order without notice if DPP requests.
109 At the end of section 182
11 Section 29A
Substitute ‘*affairs’ for ‘affairs’ (first occurring)
110 Subsection 187(4)
Exemptions from examination based on changes in person's status
111 After paragraph 187(4)(a)
Repeal paragraph and substitute with new text
112 Paragraph 187(5)(b)
Application of sections 182 and 187 to examination orders
113 Application
Requires relation between temporal intervals for commencement
114 Section 195 (penalty)
115 Subsection 196(1) (penalty)
116 After section 197
117 Subparagraph 269(a)(ii)
Defines 'affairs of a person' for the purposes of this Act.
118 Section 338
Insertion of section numbers in Schedule 1
119 Section 338 (definition of examination order)
Substitute 'a specified interest in' for 'specified'
12 Section 29A
12 Crimes Legislation Amendment (Serious and Organised Crime) Act
Requires document relevant to identifying, locating or quantifying property suspected of being proceeds of an indictable offence.
120 After paragraph 202(5)(c)
Omit 'such property' and substitute 'property referred to in paragraph (c) or (ca)'
121 Paragraph 202(5)(d)
Substitute ‘property referred to in paragraph (c) or (ca)’
Replaces 'such property' with a specific temporal interval
Insertion of clause (ca) after clause (c)
122 Paragraph 202(5)(f)
Insertion of paragraph (5)(ca) after subsection 202(6)
123 Subsection 202(6)
124 Subsection 202(6)
Specify form and manner of document production
125 After paragraph 203(1)(c)
126 Subsection 203(2)
Specify a time for production order at least 3 days after its issuance, or 14 days after its issuance if appropriate.
126(2) Subsection 203(2)
Magistrate must consider urgency and hardship when deciding on an earlier time.
126(3) Subsection 203(2)
Magistrate must consider urgency and hardship.
(3) The matters to which the magistrate must have regard...
Defence for non-compliance with production order
127 At the end of section 211
Obligation to comply with production order
Failure to produce documents within specified time
128 Application
129 Paragraphs 213(1)(a) and (b)
The court must be satisfied that the interest is held by a person other than the suspect.
13 Paragraph 29A(b)
130 Paragraph 213(1)(d)
131 Paragraph 213(1)(e)
Determine stored value card issuance and transaction details.
132 After paragraph 213(1)(e)
List of individuals and entities that may be added to the list in subsection 213(3)
133 At the end of subsection 213(3)
134 Section 214
Insertion of record-keeping capabilities into paragraph 214(d)
135 Paragraph 214(d)
Insertion of record-keeping capabilities
Specify that information or documents must be provided within a certain timeframe.
136 Paragraph 214(e)
Matters to which officer must have regard when deciding whether to specify an earlier day
137 At the end of section 214
Classifies the provision as an obligation
138 Section 218
Defence to an offence against subsection (1) if person fails to comply with notice.
139 At the end of section 218
Substitute 'examinations in relation to the restraining order' for 'an examination of the applicant'.
14 Section 29A (note)
Court must be satisfied that applicant has an interest in property covered by restraining order.
14 Crimes Legislation Amendment (Serious and Organised Crime) Act
There is a temporal interval during which the court must be satisfied that the applicant has an interest in property covered by restraining order.
Temporal interval for satisfying condition
The court must be satisfied that the applicant has an interest in property covered by restraining order.
The applicant's interest in property is a specific instance of a concept that can be represented using CogAI.
Interest in property is a concept that can be represented using CogAI
Applicant has an *interest in property covered by the restraining order.
Applicant has applied for an order under this section.
There is a temporal trace during which the court must be satisfied that the applicant has an interest in property covered by restraining order.
The applicant's interest in property is a specific instance of a concept that can be validated using SHACL.
Interest in property is a concept that can be validated using SHACL
140 Application
A judge may make an order regarding criminal matters on indictment.
141 Subsection 219(1)
142 Paragraph 219(2)(a)
Prohibits the omission of certain words.
143 Paragraph 219(2)(b)
Replace 'in question' with 'or to whom the card was issued'
144 Subsection 219(3)
Omit 'in question', substitute 'or to whom the card was issued'
Specify name or names of account or person
145 Paragraph 220(1)(a)
146 Application
Defines account as a facility or arrangement for accepting deposits or allowing withdrawals.
147 Section 338 (definition of account)
The definition of account is substituted with a new definition
account is defined as a fixed term deposit, safety deposit box, credit card account, loan account, cash management trust, or closed account
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals
148 Section 338
Suspect must provide sworn statement to specified person within a specified period.
149 After paragraph 39(1)(c)
149A Court may vary pecuniary penalty order
Court may vary pecuniary penalty order if certain conditions are met.
149A(1) Court may vary pecuniary penalty order
Court may vary pecuniary penalty order amount based on quashed conviction
149A(2) Court may vary pecuniary penalty order
Amount is an amount equal to so much of the penalty amount as the court reasonably believes...
Excerpt describes a temporal overlap between quashed conviction and pecuniary penalty order
Excerpt recognizes a pattern in the variation of pecuniary penalty order amount based on quashed conviction
Court has an obligation to vary pecuniary penalty order amount
Excerpt diffuses the obligation to vary pecuniary penalty order amount based on quashed conviction
Excerpt describes a recurring variation of pecuniary penalty order amount based on quashed conviction
Court may consider transcripts and evidence when determining penalty amount reduction.
149A(3) Court may vary pecuniary penalty order
Court considers transcripts and evidence
Allow person to apply for restraining order before it is made.
15 Subsection 30(1)
Grant permission to apply for restraining order
150 Paragraph 39(1)(d)
151 Paragraph 39(1)(d)
Order directing a person to provide information about property.
152 After paragraph 39(1)(d)
Insertion of additional term in restraining order
153 Paragraph 39(1)(g)
Court must consider application for ancillary order without notice if DPP requests and restraining order was considered without notice.
154 After subsection 39(3)
155 After subsection 39(4)
Court may direct DPP to give or publish notice of application.
155(4A) After subsection 39(4)
Written notice to affected persons after ancillary order
155(4B) After subsection 39(4)
Temporal overlap of request and ancillary order
(4B) If the court makes the ancillary order after a request under subsection (3A), the *DPP must give written notice to any person whom the DPP reasonably believes may be affected by the order.
Implication of request on ancillary order
Information spread from request to ancillary order
156 After section 39
Insertion of additional entity in a restraining order
157 Section 40 (note)
Division 5 of Part 2-1 applies to restraining orders applied for on or after commencement.
158 Application
158A Subparagraph 266A(1)(a)(i)
159 Subsection 64(2)
16 Subsection 31(1)
16 Crimes Legislation Amendment (Serious and Organised Crime) Act
16(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
DPP may appear and adduce evidence at the hearing of the application.
16(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
DPP must give notice of grounds to contest application
16(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
Application must wait for DPP examination
16(9) Crimes Legislation Amendment (Serious and Organised Crime) Act
Permits a person to apply for an order under section 29 or 29A if a restraining order covers property in which the person claims an interest.
16(1) Subsection 31(1)
Grants permission to apply for an order under section 29 or 29A.
Application must be made to the court that made the restraining order.
16(1A) Subsection 31(1)
Repeal paragraph and substitute with transcript of proceeding against person for unlawful activity
160 Paragraph 64(2)(a)
Imposes prohibition on the specified activity
Section applies in relation to forfeiture orders applied for on or after commencement.
161 Application
Section applies to forfeiture orders applied for on or after commencement
Whether conduct occurred before, on or after commencement.
Section 64 of the Proceeds of Crime Act 2002
Omit specific court phrase from indictment application
162 Subsection 138(2)
163 Paragraph 138(2)(a)
Commences on or after commencement of this item
164 Application
165 After section 318
Sections 318A and 318B apply to statements made at an examination or after commencement.
166 Application
167 Subsection 19(4)
Section applies in relation to restraining orders applied for on or after commencement.
168 Application
Section applies to restraining orders applied for on or after commencement.
169 Subsection 337(3)
No need to conduct examinations until a reasonable opportunity has been had.
17 At the end of subsection 31(6)
Disregard effect of orders on property control
170 After subsection 337(4)
Property may be subject to effective control of more than one person.
171 At the end of section 337
Insert *production order, *search warrant before “restraining”.
172 Paragraph 337A(1)(a)
Prohibits insertion of *production order, *search warrant.
Insert specific terms after 'freezing order'
173 Paragraph 337A(2)(a)
174 Subsection 337A(3)
Section 337A of the Proceeds of Crime Act 2002 applies to applications made on or after commencement.
175 Application
Repeal the definition of discretionary trust.
176 Section 338 (definition of discretionary trust)
Insert “, a foreign indictable offence or an indictable offence of Commonwealth concern” after ‘offence’.
177 Section 338 (paragraph (b) of the definition of evidential
Prohibits the insertion of a foreign indictable offence or an indictable offence of Commonwealth concern after ‘offence’.
Commencement of amendment applies to search warrants issued on or after commencement.
178 Application
Requires relation between temporal intervals
Defines serious offence as a series of indictable offences with a value threshold
179 Section 338 (after paragraph (a) of the definition of
Substitute examinations in relation to the application
18 Paragraph 32(b)
18 Crimes Legislation Amendment (Serious and Organised Crime) Act
The DPP may appear and adduce evidence at the hearing of the application.
18(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
DPP must give applicant notice of grounds to contest application
18(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
The DPP must give the applicant notice...
18(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
180 Section 338 (paragraph (a) of the definition of tainted
Court may order examination of person with interest in property
180A Examination orders relating to applications for exclusion from
180B Examination orders relating to applications for compensation
Court may order examination of person with interest in forfeited property
180B(1) Examination orders relating to applications for compensation
Ceases effect when application is withdrawn or court makes a decision.
180B(2) Examination orders relating to applications for compensation
(2) The *examination order ceases to have effect...
180C Examination orders relating to applications under section 102
180C(1) Examination orders relating to applications under section 102
(1) If an application for an order under section 102...
180C(2) Examination orders relating to applications under section 102
(2) The *examination order ceases to have effect when...
180D Examination orders relating to enforcement of confiscation
Court may order examination of person against whom confiscation order was made or their spouse/de facto partner.
180D(1) Examination orders relating to enforcement of confiscation
Ceases effect when confiscation order proceedings are finally determined, withdrawn or otherwise disposed of.
180D(2) Examination orders relating to enforcement of confiscation
180E Examination orders relating to restraining orders revoked
Court must order examination of person whose property was subject to restraining order or spouse/de facto partner.
180E(1) Examination orders relating to restraining orders revoked
Ceases effect when restraining order would have ceased to have effect
180E(2) Examination orders relating to restraining orders revoked
Amendment applies in relation to search warrants applied for on or after commencement.
181 Application
Omit specific phrase from definition of unlawful activity
182 Section 338 (paragraph (b) of the definition of unlawful
New trial ordered in relation to offence.
183 At the end of subsection 45(1)
184 Application
185 Section 84
186 At the end of section 84
Applicability of Section 84 of the Proceeds of Crime Act 2002
187 Application
Substitute section 84(1)(a) for section 84(a)
188 Subsection 85(1)
189 Subsection 85(2)
Division 3 of Part 2-1 applies to restraining orders applied for on or after commencement.
19 Application
190 Section 110
191 At the end of section 110
Commencement of section 110 of the Proceeds of Crime Act 2002
192 Application
The commencement date is specified in section 110
Defines temporal interval for commencement
Commencement is on or after the specified date
193 Subsection 111(1)
194 Subsection 111(2)
195 Paragraph 316(1)(b)
Repeal paragraph 316(2)(b) and substitute with a new provision.
196 Paragraph 316(2)(b)
Prohibits the repeal of paragraph 316(2)(b)
Section applies in relation to proceedings under Chapter 2 of the Proceeds of Crime Act 2002.
197 Application
Section applies to proceedings under Chapter 2 of the Proceeds of Crime Act 2002.
Giving false or misleading answers or documents in an examination is prohibited.
197A Giving false or misleading answers or documents
It is prohibited to give false or misleading answers or documents in an examination.
Giving false or misleading answers or documents in an examination.
198 Subsection 296(2)
199 Subsection 297(1)
Replace 'specified' with 'a specified interest in'
2 Subsection 29(1)
20 Subsection 73(1)
20 Crimes Legislation Amendment (Serious and Organised Crime) Act
Increase penalty amount under certain conditions
20(2A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may consider additional factors when determining increase amount.
20(2B) Crimes Legislation Amendment (Serious and Organised Crime) Act
200 Subsection 297(2)
200A Subsection 298(1)
201 Section 299
Repeal definition of distributable funds
202 Section 338 (definition of distributable funds)
Repeal the definition of suspended funds.
203 Section 338 (definition of suspended funds)
Addition of certain legislative references
204 At the end of subsection 296(1)
Applicable to amounts paid on or after commencement of Division
205 Application
Specify amount by reference to proportion of difference between forfeited interests and payments.
206 At the end of section 55
207 After paragraph 297(1)(f)
Prohibit making payments under an arrangement under paragraph 88(1)(b) or subsection 289(2)
208 Paragraph 297(1)(g)
Applicable paragraphs of the Proceeds of Crime Act 2002 after commencement.
209 Application
21 Paragraph 73(1)(b)
DPP must apply for order under Proceeds of Crime Act 2002
210 After paragraph (ya) of Schedule 1
211 Application
Insertion of '(other than an encumbrance in which the person referred to paragraph (1)(a) has an interest)' after 'property'
212 Paragraph 142(3)(a)
Insertion of a condition into the definition of property
213 Paragraph 169(3)(a)
Repeal heading and substitute with new text.
214 Part 4-4 (heading)
Insertion of '(other than an encumbrance in which the person who is liable to pay the amount has an interest)' after 'property'
215 Paragraph 302(a)
216 Division 2 of Part 4-4 (heading)
Insertion of a specific condition into the definition of property.
217 Paragraph 302C(a)
Insertion of a new clause into an existing definition.
Insertion of '(other than an encumbrance in which the person convicted of the offence has an interest)' after 'property'
218 Paragraph 307(3)(a)
Application of certain sections of the Proceeds of Crime Act 2002 to charges created on or after commencement.
219 Application
Court must satisfy conditions before forfeiting property
22 Paragraphs 73(1)(c), (d) and (e)
Application to confirm or vary order may be made by DPP.
22 Crimes Legislation Amendment (Serious and Organised Crime) Act
220 After section 315
Application of Section 315A to applications made on or after commencement.
221 Application
23 Paragraph 73(2)(a)
Omit 'property' and substitute 'interest'
24 Paragraphs 73(2)(b), (c) and (d)
24 Crimes Legislation Amendment (Serious and Organised Crime) Act
Substitute property in which the person claims an interest.
25 Subsection 74(1)
26 Subsections 74(2) and (3)
26 Crimes Legislation Amendment (Serious and Organised Crime) Act
Right to apply for exclusion order after forfeiture order is made.
26(2) Subsections 74(2) and (3)
Has the right to apply for exclusion order.
Cannot apply for exclusion order if notified but did not appear at hearing.
26(3) Subsections 74(2) and (3)
Temporal interval between notification and appearance
(a) was notified of the application for the *forfeiture order, but did not appear at the hearing of that application.
Prohibition of exclusion order application
(3) However, unless the court gives leave...
Recurring trace of individuals who appeared at hearing
(b) appeared at the hearing of that application.
Court may grant leave to apply under certain conditions.
26(4) Subsections 74(2) and (3)
27 Subsection 75(3)
Prohibition of examination under Part 3-1.
Omit specific examination phrase and substitute with new one.
28 Section 76
Conditional commencement of sections for restraining orders and forfeiture orders.
28 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal heading and substitute with new heading.
29 Subdivision C of Division 5 of Part 2-2 (heading)
3 Paragraph 29(1)(b)
A court must make a compensation order if an applicant has an interest in property specified in the forfeiture order.
30 Subsection 77(1)
Relevant affairs subject to examination under specified sections
30 Crimes Legislation Amendment (Serious and Organised Crime) Act
During specified sections, affairs subject to examination
(No. 2) 2010 (b) is relevant to the *affairs of a person whose affairs can, under section 180, 180A, 180B, 180C, 180D, 180E or 181, be subject to the examination.
Affairs relevant to affairs of a person (argumentation)
(b) is relevant to the *affairs of a person whose affairs can, under section 180, 180A, 180B, 180C, 180D, 180E or 181, be subject to the examination.
*affairs of a person whose affairs can, under section 180, 180A, 180B, 180C, 180D, 180E or 181, be subject to the examination.
Affairs relevant to the affairs of a person
(b) is relevant to the *affairs of a person
Affairs relevant to affairs of a person (diffusion)
During specified sections, affairs subject to examination (recurring trace)
Insertion of phrase after 'Commonwealth'
31 Paragraph 77(2)(b)
Court may hear multiple applications at the same time.
315A Court may hear multiple applications at same time
Court obligation to hear multiple applications
318A Admissibility in proceedings of statements made at
Direct evidence by a person of a matter would be admissible in a proceeding before a court.
318A(1) Admissibility in proceedings of statements made at
Statement admissible in proceedings if absent witness is dead, unfit, or cannot be found.
318A(2) Admissibility in proceedings of statements made at
Statement admissible in proceedings if certain conditions are met.
Temporal intervals for statement admissibility.
Absent witness is dead, unfit, or cannot be found.
Statement admissibility implies other parties' actions.
Statement admissible if certain conditions are met.
Statement admissibility diffused to other parties.
Rules apply to evidence of statements admitted under subsection (2)
318A(3) Admissibility in proceedings of statements made at
if evidence of a statement is admitted under subsection (2)
(3) The rules in subsections (4) to (6) apply
Consider factors when evaluating the statement as evidence.
318A(4) Admissibility in proceedings of statements made at
(4) In deciding how much weight (if any) to give to the statement as evidence of a matter...
Evaluate the statement's weight in proceedings.
Consider the absent witness's circumstances.
Evidence admissible if absent witness not called as a witness
318A(5) Admissibility in proceedings of statements made at
Evidence of a matter is not admissible if the absent witness denied it in cross-examination.
318A(6) Admissibility in proceedings of statements made at
Evidence of the matter would not have been admissible if adduced by the cross-examining party.
Temporal relation for evidence admissibility
(6) However, evidence of a matter is not admissible under this section if, had the absent witness been called as a witness in the cross-examination, and denied the matter.
Denial of evidence as a reason for inadmissibility
Temporal interval for evidence admissibility
318B Objection to admission of statements made at examination
Party must give written notice before applying for admission of statements in evidence.
318B(1) Objection to admission of statements made at examination
Party has an obligation to give written notice.
Notice must set out or be accompanied by a written record of specified statements.
318B(2) Objection to admission of statements made at examination
Repeal section and substitute with ComLaw Authoritative Act C2011C00166
32 Section 78
Crimes Legislation Amendment (Serious and Organised Crime) Act
32 Crimes Legislation Amendment (Serious and Organised Crime) Act
DPP need not conduct examinations until it has had a reasonable opportunity.
33 At the end of subsection 79(3)
However, the DPP need not do so until it has had a reasonable opportunity.
Examinations may overlap with other application processes
The examinations may occur concurrently with other aspects of the application process.
The DPP may delay conducting examinations if necessary.
Examinations diffuse into other application processes
The examinations may have implications for other aspects of the application process.
Examinations are contingent on a reasonable opportunity
The examinations must occur after a reasonable opportunity has passed.
34 At the end of Subdivision C of Division 5 of Part 2-2
34 Crimes Legislation Amendment (Serious and Organised Crime) Act
Application of amended provisions to forfeiture orders
35 Application
Compensation is payable by the Commonwealth in certain cases.
36 Section 91 (simplified outline)
Financial institutions must not provide information about transactions without a monitoring order.
36 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibition of providing information about transactions without a monitoring order.
The payment of compensation overlaps with the temporal interval during which it is payable.
Temporal overlap between payment and compensation
There are cases in which compensation is payable by the Commonwealth.
If payment is made, then the Commonwealth has an obligation to pay compensation.
Payment implies obligation to pay compensation
The Commonwealth recognizes its obligation to pay compensation in these cases.
Commonwealth recognizes obligation to pay compensation
The Commonwealth has an obligation to pay compensation in these cases.
The payment of compensation differs from the concept of compensation itself.
Payment and compensation differ in meaning
37 Paragraph 92(1)(a)
Insert 'under section 17 or 18' after 'order'
38 Subparagraph 92(1)(b)(i)
38 Crimes Legislation Amendment (Serious and Organised Crime) Act
Substitute ‘conviction day’ for ‘day of the conviction’.
39 Paragraph 92(3)(a)
39A Privilege against self incrimination etc. does not apply
No exemption from sworn statements under certain conditions
39A(1) Privilege against self incrimination etc. does not apply
Exemptions from privilege against self-incrimination
39A(2) Privilege against self incrimination etc. does not apply
Obligation to provide sworn statement in certain circumstances
(2) However, in the case of a natural person...
39B Application to revoke ancillary order
4 Subsection 29(2)
40 After section 92
40 Crimes Legislation Amendment (Serious and Organised Crime) Act
Application must be made within 14 days after notification of ancillary order.
40(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
...14 days after the person was notified of the ancillary order.
Application timeframe is a temporal interval.
...within 14 days after the person was notified of the ancillary order.
Application must be made within a specified timeframe.
written notice and grounds for revocation
Notice must be given to entitled persons
40(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Stay of ancillary order effect until court determines application.
40(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may revoke ancillary order on application.
40(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may consider appropriate matter in determining application.
40(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may vary ancillary order to extend period if appropriate.
40(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit “day of”, substitute ‘*conviction day for’.
41 Paragraph 93(1)(a)
Applicant must apply to court under certain sections
42 Paragraph 93(1)(b)
42 Crimes Legislation Amendment (Serious and Organised Crime) Act
43 Paragraph 93(1)(c)
Substitute 'conviction day for' in the phrase 'day of'
44 Subsection 93(1)
44 Crimes Legislation Amendment (Serious and Organised Crime) Act
Object to specified statements being admitted in evidence
44(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits admitting statements in evidence
Court may extend period before proceeding is heard or by agreement between parties.
44(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide objection notice and record to court upon receiving an objection notice.
44(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Provide objection notice and record to court
Court may determine objections before or after hearing.
44(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court obligation to determine objections.
Other party cannot object to statement being admitted in evidence unless objected to or given leave.
44(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Cannot object to the statement being so admitted.
Other party has not objected to the statement being so admitted.
45 Subsection 93(2)
Substitute “*conviction day for” in “day of”.
46 Subsection 93(2)
46 Crimes Legislation Amendment (Serious and Organised Crime) Act
47 Subsection 93(3)
Provide written notice to persons with an interest in forfeited property
48 At the end of section 93
48 Crimes Legislation Amendment (Serious and Organised Crime) Act
Substitute 'a restraining' for 'the restraining'
49 Subsection 94(1)
5 Paragraphs 29(2)(a), (b), (c) and (d)
50 Subsection 94(1)
50 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal paragraphs and substitute with new schedule
51 Paragraphs 94(1)(a), (b) and (c)
52 Paragraph 94(1)(d)
52 Crimes Legislation Amendment (Serious and Organised Crime) Act
Insertion of phrase in property definition
53 Paragraph 94(1)(e)
Substitute 'applicant's' for 'defendant's'
54 Paragraph 94(1)(f)
No specific obligation or prohibition stated
54 Crimes Legislation Amendment (Serious and Organised Crime) Act
55 At the end of subsection 94(5)
Application must not be heard until DPP has had a reasonable opportunity to conduct examinations.
56 At the end of section 94
56 Crimes Legislation Amendment (Serious and Organised Crime) Act
Examinations must occur during application hearing
57 After section 94
58 Subsection 102(1)
59 Subsection 102(1)
Insertion of 'a specified interest in' before 'property'
6 Subsection 29(3)
6 Crimes Legislation Amendment (Serious and Organised Crime) Act
The court must be satisfied that the applicant had an interest in the property before forfeiture, and the interest was lawfully acquired.
60 Paragraph 102(1)(b)
The applicant's interest in the property was acquired before the forfeiture
the applicant had an interest in the property before the forfeiture of the property
The applicant had an interest in the property before forfeiture
61 Subparagraph 102(1)(d)(ii)
Prohibits Commonwealth from using certain language
62 Subsections 102(2) and (3)
Repeal section and substitute with new content.
63 Section 104
64 Paragraph 106(b)
65 Application
Omit specific phrase from conviction sentence.
66 Paragraph 333(1)(a)
Prohibits omitting the specified phrase.
Applicability of paragraph 333(1)(a) of the Proceeds of Crime Act 2002
67 Application
The conduct occurring before, on or after the commencement is within the applicability of paragraph 333(1)(a)
Temporal relation between applicability and conduct
The conduct constituting the offence concerned occurred or occurs before, on or after that commencement
The court passes sentence on or after the commencement of this item
There is an obligation to apply paragraph 333(1)(a)
There is a recurring trace from the commencement to the conduct occurring before, on or after that commencement
Insertion of 'or property suspected of being subject to the effective control of the person'
68 Subparagraph 121(4)(a)(i)
Omit all words after 'control' and substitute with 'of the person or another person'
69 Paragraph 122(1)(a)
7 Paragraphs 29(3)(a) and (d)
Omit words after 'provided' and substitute with 'to the person or another person'.
70 Paragraph 122(1)(b)
Insert 'and the other unlawful activity'
71 Paragraph 124(1)(c)
Insertion of 'or property that is suspected of being subject to the effective control of the person'
72 Paragraph 124(5)(a)
Omit 'offence' and substitute 'unlawful activity'.
73 Section 130
Omit 'offence', substitute 'unlawful activity'.
74 Paragraph 130(a)
75 Subsection 133(1)
76 After subsection 133(2)
Division 2 of Part 2-4 applies to pecuniary penalty orders applied on or after commencement.
77 Application
Division applies to pecuniary penalty orders.
78 Application for compensation orders
Court may allow late application for pecuniary penalty order in interests of justice.
78 At the end of section 134
Application for compensation order if forfeiture order is pending
78(1) Application for compensation orders
Permission to apply for compensation order
Right to apply for compensation order after forfeiture
78(2) Application for compensation orders
Has the right to apply for compensation order
Cannot apply under subsection (2) if notified of application for forfeiture order
78(3) Application for compensation orders
Prohibition on applying under subsection (2)
Notification of application for forfeiture order
Court may grant leave to apply for compensation order under certain conditions.
78(4) Application for compensation orders
79 Subsection 136(2)
Application for compensation order cannot be heard until DPP has conducted examinations.
79A When an application can be heard
Prohibition of hearing application until DPP has conducted examinations.
8 Subsection 29(4)
8 Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide affidavit copy to subject within reasonable time
80 Subsections 136(3) and (4)
Division 3 of Part 2-4 applies to applications made on or after commencement.
81 Application
Discharge of pecuniary penalty order upon quashing conviction and non-application to confirm or vary
82 Subsection 146(1)
83 Subsection 146(2)
84 After subsection 146(2)
Discharge pecuniary penalty order under certain conditions.
85 Subsection 146(3)
the order does not relate to any other offence.
(a) the person’s conviction of the offence is subsequently *quashed;
(b) the order does not relate to any other offence;
Insert 'or variation' after 'confirmation' in section 147 heading.
86 Section 147 (including the note)
Insertion of 'or variation' after 'confirmation'
87 Subsection 148(1)
Omit 'the offence', substitute 'any of the offences to which the order relates'
88 Subparagraph 148(2)(a)(i)
Omit “that offence”, substitute ‘any of those offences’.
89 Subparagraph 148(2)(a)(ii)
Omit “owns the property”, substitute ‘has the interest’.
9 Paragraph 29(4)(a)
Substitute 'such a conviction' for 'the conviction'
90 Paragraph 148(2)(a)
Inserts ComLaw Authoritative Act C2011C00166
91 After section 149
92 Subsection 150(1)
92A Notice of date of forfeiture under this Part, etc.
Provide written notice to person with interest in property before forfeiture.
92A(1) Notice of date of forfeiture under this Part, etc.
No notice required if application for extension order or other applications made
92A(2) Notice of date of forfeiture under this Part, etc.
93 Subsection 150(2)
Division 5 of Part 2-4 applies to convictions quashed on or after commencement.
94 Application
94A Compensating for proportion of property not derived or
Court must make an order if applicant has interest in property covered by restraining order and meets certain conditions.
94A(1) Compensating for proportion of property not derived or
...and (d) the court is satisfied that a proportion of the value of the applicant’s interest was not derived or realised...
Proportion of value not derived or realised from commission of offence.
the court is satisfied that a proportion of the value of the applicant’s interest was not derived or realised, directly or indirectly, from the commission of any offence;
...must make an order that complies with subsection (2).
Obligation to make order if conditions met.
The court that made a *restraining order referred to in paragraph 92(1)(b) must...
...if: (a) a person (the applicant) has applied for an order under this section;
...and (b) the court is satisfied that the applicant has an *interest in property covered, or that was at any time covered, by the restraining order;
the applicant has an *interest in property covered, or that was at any time covered, by the restraining order;
Court must specify proportion and direct Commonwealth to dispose of property and pay applicant.
94A(2) Compensating for proportion of property not derived or
Claimant may apply for order under section at any time.
94A(3) Compensating for proportion of property not derived or
Claimant has the right to apply for order under section.
Court leave required to apply for compensation after forfeiture.
94A(4) Compensating for proportion of property not derived or
the person cannot, unless the court gives leave, apply under subsection (3) if he or she: did not make the application under subsection (3) before that forfeiture.
Temporal relationship between notice and application.
the person cannot, unless the court gives leave, apply under subsection (3) if he or she: was given a notice under subsection 92A(1) in relation to the property; or was not given such a notice because of subsection 92A(2);
Classification of individuals based on their relationship with the property.
subsection (3) if he or she: was given a notice under subsection 92A(1) in relation to the property; or was not given such a notice because of subsection 92A(2);
Court must give leave to apply for compensation after forfeiture.
subsection (3) if he or she: did not make the application under subsection (3) before that forfeiture.
Diffusion of information about notice and application.
Recurring trace of notice and application.
Court may give leave to apply if satisfied with good reason for not applying before forfeiture.
94A(5) Compensating for proportion of property not derived or
Repeal of paragraph and substitution with specific orders
95 Paragraph 335(6)(a)
Insertion of '(the convicting magistrate)' after 'magistrate'
96 Paragraph 335(6)(b)
Substitute magistrate with same court as convicting magistrate.
97 Subsection 335(6)
Application of subsection 335(6) of the Proceeds of Crime Act 2002 to persons convicted before or after commencement.
98 Application
Subsection 335(6) applies in relation to persons convicted before or after commencement.
Repeal paragraph and substitute with a person who is a suspect in relation to the restraining order.
99 Paragraph 180(1)(b)
Prohibits a person from being a suspect in relation to the restraining order.
1 Subparagraph 199(9)(b)(ii)
10 Subsection 8(5)
11 Subsection 5A(3)
12 Subsection 18(5) (definition of offence against this
Omit 'or 11.2', substitute '11.2 or 11.2A'
13 Subsection 20(6) (definition of offence against Division 1)
Substitute clause in definition of offence against this Part
14 Subsection 29(5) (definition of offence against this Part)
140 Crimes Legislation Amendment (Serious and Organised Crime) Act
142 Crimes Legislation Amendment (Serious and Organised Crime) Act
15 Paragraph 30(1)(b)
Omit 'or 11.2', substitute ', 11.2 or 11.2A'
16 Paragraph 31(b)
17 Paragraph 16AA(1)(b)
18 Subsection 54A(6)
19 Paragraph 87AA(b)
2 Subparagraph 75(c)(i)
A person convicted of an offence against this Act is taken to have been convicted of an ancillary offence.
20 After subsection 61B(8)
21 Subsection 3(1) (paragraph (b) of the definition of offence
22 Paragraph 225(5)(b)
23 Subsection 99A(9)
24 Section 338 (paragraph (g) of the definition of serious
25 Subparagraph 56(2)(a)(ii)
26 Subsection 62(14)
27 Paragraph 1224AB(b)
28 Paragraph 228(a)
29 Subsection 66(8)
3 Paragraph 188(a)
Text 'or 11.2A' inserted after '11.2' in temporal interval
Temporal interval with start at '11.2' and end at '11.2A'
Text 'or 11.2A' inserted after '11.2' in definition hierarchy through CogAI
Definition hierarchy with '11.2' and '11.2A'
Text 'or 11.2A' inserted after '11.2' in definition hierarchy through diffusion
Diffusion of text through definition hierarchy
Text 'or 11.2A' inserted after '11.2' in temporal interval with LTL
30 Subsection 150(2)
31 Subsection 9(2)
4 Subparagraph 47(9)(b)(ii)
5 Paragraph 496-20(1)(a)
6 Paragraph 1042F(2)(b)
7 Paragraph 50AA(2)(b)
8 Subsection 50AA(3)
9 Subsection 10(1)
1 Short title [see Note 1]
1 Section 1
1 January 2010
Repeal of paragraphs (a) and (b) of the definition of offence against this Act
1 Subsection 16(7) (paragraphs (a) and (b) of the definition of
Section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code
Temporal overlap between repeal and substitution
Update knowledge graph with substitution
Substitution of sections 6 and 11.1-11.5
Paragraphs (a) and (b) of the definition of offence against this Act
Prohibition of repeal of paragraphs (a) and (b)
Diffusion of substitution to related sections
Recurring trace between repeal and substitution
Conditional commencement of Schedule 6 items 1 and 2
10 Section 10
Repeal paragraph 78(1)(d) and substitute with new provision
10 Paragraph 78(1)(d)
Commences immediately after subsection 369(4) of the Criminal Procedure Act 2009 of Victoria.
11 Section 11
Reference to section 4 of the Criminal Code
Temporal relation between sections 11 and 4
Temporal relation between sections of the Criminal Code
Section 11 is before section 4 in the Criminal Code
Inferential relationship between sections 11 and 4
Inferential relationship between sections of the Criminal Code
Section 11 is part of the Criminal Code, which includes section 4
Knowledge representation for sections of the Criminal Code
Section 11 is a part of the Criminal Code, which can be represented as knowledge
Information flow from section 4 to section 11
Information flow from section 4 to section 11 in the Criminal Code
Section 4 of the Criminal Code refers to section 11
This section refers to section 4 of the Criminal Code.
Repeal of subsection and substitution with reference to section 6 of the Crimes Act 1914
11 Subsection 189(4)
Prohibition of reference to ancillary offence
Obligation to comply with Criminal Code section 4
The day after this Act receives the Royal Assent.
12 Section 12
Repeal of subparagraphs and substitution with other sections
12 Subsection 23DA(1) (subparagraphs (c)(i) and (ii) of the
13 Section 13
Repeal paragraphs and substitute with new offences
13 Paragraphs 378(7)(a) and (b)
Repeal of certain provisions and substitution with new references.
14 Paragraph 65(9)(b)
144 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibition on committing certain crimes under this Act or the regulations.
146 Crimes Legislation Amendment (Serious and Organised Crime) Act
148 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal subsection, substitute reference to certain offences against other sections.
15 Subsection 76(9)
Defines a subclass of offences under section 74 or 75.
Commencement information for provisions of the Act.
152 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit certain references in the Crimes Act 1914
16 Subsection 3(7)
Defines an offence against this Act, including offences from the Crimes Act 1914.
17 Subsection 4(1) (definition of offence against this Act)
Repeal paragraphs and substitute with new offences against sections 6 and 11.1-11.5 of the Criminal Code.
18 Paragraphs 32(2)(a) and (b)
19 February
19 May 2010
19 March 2010
Repeal certain paragraphs and substitute with new offences.
19 Paragraphs 33(5)(a) and (b)
19 Feb 2010
2 Commencement
Commencement of Schedule 1 items 1 to 213 depends on two events.
2 Section 2
2 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit specific references from the Crimes Act 1914.
2 Subsection 225(6)
20 February
Amendment of Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010
20 February 2010
Imposes an obligation to amend the provision
Replace reference to offence against subsection 8K(1) or (1B) or 8L(1) or (1A) with reference to section 11.1 of the Criminal Code that relates to an offence against subsection 8K(1) or (1B) or 8L(1) or (1A).
20 Subsection 8J(6)
Omit section 7 of the Crimes Act 1914, substitute section 11.1 of the Criminal Code
21 Subsection 8J(8)
Prohibition on section 7 of the Crimes Act 1914
Repeal subsection 32(8) and substitute with a new provision that includes references to certain offences against the Crimes Act 1914 and the Criminal Code.
22 Subsection 32(8)
22 Mar 2011
against section 6 of the Crimes Act 1914 or that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code
Overlaps with section 6 of the Crimes Act 1914 and sections 11.2, 11.4, and 11.5 of the Criminal Code.
Repeal subsection 32(8) and substitute with a new provision that includes references to an offence:
Recognizes the relevance of certain offences against the Crimes Act 1914 and the Criminal Code to this Act.
Substitute with a new provision that includes references to these offences.
Prohibits certain offences against the Crimes Act 1914 and the Criminal Code.
Classifies certain offences against the Crimes Act 1914 and the Criminal Code as relevant to this Act.
References to an offence against this Act include a reference to an offence:
Spreads reference to an offence against this Act to include references to certain offences against the Crimes Act 1914 and the Criminal Code.
Recurring reference to an offence against this Act includes a reference to an offence:
Omit certain sections of the Criminal Code
23 Subsection 79(5)
Prohibits omitting specified sections of the Criminal Code
24 Section 4 (definition of offence against this Act)
Repeal paragraphs, substitute with sections from other Acts
25 Section 3 (paragraphs (a) and (b) of the definition of
Replace existing paragraphs with new ones
Conditional commencement of provision(s)
3 Section 3
Amendment and repeal of Acts specified in a Schedule
3 Schedule(s)
3 Subsection 3(3)
Conditional commencement of Schedule 1 item 215
4 Section 4
4 Crimes Legislation Amendment (Serious and Organised Crime) Act
4 Regulations
Regulations may be prescribed by the Governor-General.
4(1) Regulations
Regulations are in effect during the carrying out of the Act.
(1) The Governor-General may make regulations...
...prescribing matters: (a) required or permitted by this Act to be prescribed;
Regulations prescribe matters required or permitted by the Act.
Governor-General has obligation to prescribe regulations.
...necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Regulations diffuse the requirements of the Act.
Regulations may be made prescribing matters of a transitional nature.
4(2) Regulations
Omit specified references to repealed provisions of the Crimes Act 1914.
4 Subsection 3(3)
Prohibits omitting specified references.
Commencement of item 182 of Schedule 1 to the Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010
5 Section 5
5 Subsection 15B(1B)
6 Section 6
Defines what constitutes an offence against this Part.
6 Section 51 (definition of offence against this Part)
Requires relation between identifiable temporal intervals for conditional commencement
The event mentioned in paragraph (b) must occur
7 Section 7
Omit specified sections or subsections from the Crimes Act 1914
7 Paragraph 108(b)
Prohibits omission of specified sections or subsections
8 Section 8
8 Subsection 4(2)
9 Section 9
Repeal of paragraph (d) and substitution with new definition of offence
9 Subsection 16(2) (paragraph (d) of the definition of relevant
1 Subsection 3C(1) (definition of magistrate)
Repeal sections and substitute with new ones.
10 Sections 3ZV and 3ZW
Amendments apply to things seized or documents produced before, on, or after commencement.
11 Application
before, on or after commencement of this Part
apply in relation to things seized or documents produced
Grant permission for executing officer or constable to assist suspects on reasonable grounds.
12 Subparagraph 3K(2)(a)(ii)
Executing officer need not comply with certain conditions under reasonable grounds.
13 After subsection 3K(3)
Reasonable grounds exist during certain time intervals
Reasonable grounds exist if the condition is met during a specific time interval
Executing officer need not comply if reasonable grounds exist
Executing officer has an obligation to comply with certain conditions.
Executing officer is required to comply with paragraph (3)(a) or (b)
14 Subsections 3K(3A) and (3B)
A single extension cannot exceed 7 days.
15 After subsection 3K(3C)
Executing officer or constable may operate electronic equipment to access data at warrant premises.
16 Subsection 3L(1)
Electronic equipment operation is allowed during warrant execution.
Omit specific phrase from data access clause
17 Subsection 3L(1A)
Omit specific text from data accessed by electronic equipment
18 Paragraphs 3L(1A)(a) and (b)
19 Subsection 3L(4)
2 Section 3CA
20 Section 3LA
Executing officer or constable may operate electronic equipment to access data.
20(1) Section 3LA
Permission to copy data accessed by operating electronic equipment
20(2) Section 3LA
Remove and destroy data from Australian Federal Police control
20(3) Section 3LA
...the destruction of any other reproduction...
Permit search and seizure of equipment under warrant.
20(4) Section 3LA
Permission to search and seize equipment.
Seizure of equipment under certain conditions.
20(5) Section 3LA
...only if: (a) it is not practicable to copy the data...
...only if: (b) possession by the occupier of the equipment could constitute an offence.
Recognizes seizure conditions in occupants.
Prohibits seizure without specified conditions.
Diffuses seizure conditions to occupants.
Inserts 'or 3LAA(1)' after subsection 3L(1)
21 Paragraph 3LB(1)(a)
Inserts additional clause into subsection 3L(1A) or (2)
22 Paragraph 3LB(1)(d)
Repeal section and substitute with new text.
23 Section 3M
24 Paragraph 3N(2)(a)
25 Application
3 Subsection 3F(5)
reasonable and necessary information or assistance
A constable may apply to a magistrate for an order requiring a specified person to provide information or assistance.
3LA Person with knowledge of a computer or a computer system to
3M Compensation for damage to electronic equipment
Compensation for damage to electronic equipment when insufficient care is exercised in selecting or operating the equipment.
3M(1) Compensation for damage to electronic equipment
Obligation to compensate for damage caused by insufficient care.
The Commonwealth must pay reasonable compensation for damage to electronic equipment.
3M(2) Compensation for damage to electronic equipment
3ZW Delegation by Commissioner
Repeal paragraph and substitute with condition for data no longer required.
4 Paragraph 3L(1B)(b)
5 Subsections 3UF(4) to (7)
Crimes Legislation Amendment (Serious and Organised Crime) Act, 2010
58 Crimes Legislation Amendment (Serious and Organised Crime) Act
6 Subsection 3UF(9)
Preventing, investigating or prosecuting an offence against a law of a State or Territory.
60 Crimes Legislation Amendment (Serious and Organised Crime) Act
Preventing, investigating or prosecuting an offence.
(c) preventing, investigating or prosecuting an offence against a law of a State or Territory;
(d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);
Forfeiture of the thing under a law of a State or Territory.
(e) proceedings for the forfeiture of the thing under a law of a State or Territory;
Deciding whether to institute proceedings or to take any other action.
(f) deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (l), inclusive, subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection.
62 Crimes Legislation Amendment (Serious and Organised Crime) Act
Return seized items to rightful owner or person from whom they were seized. Return seized items to rightful owner or person within 60 days
62(1) Crimes Legislation Amendment (Serious and Organised Crime) Act
Imposes a duty on the Commissioner to return seized items.
The Commonwealth must pay reasonable compensation for damage or corruption. Commissioner does not have to take steps if proceedings are instituted before end of 60 days or thing is retained due to an order under section 3ZQZ. Commissioner does not have to take steps if thing may be retained, destroyed or disposed of under a law or court order.
62(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Obligation to pay reasonable compensation
Commissioner does not have to take steps
Proceedings instituted before end of 60 days
Exemption from taking steps due to retention order
Thing is retained because of an order under section 3ZQZ
Exemption from taking steps due to other circumstances
Owner/user may seek compensation from Commonwealth if agreement fails.
62(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Occupier must provide warning or guidance on equipment operation.
62(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Occupier has an obligation to provide warning or guidance.
Compensation is payable out of money appropriated by the Parliament.
62(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines damage in relation to data for the purpose of subsection (1)
62(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Describes the concept of damage in relation to data
64 Crimes Legislation Amendment (Serious and Organised Crime) Act
Commissioner may apply for retention of seized thing Commissioner may apply to a magistrate for an order in relation to the thing. Commissioner must return a thing seized under Division 3A if owner requests its return.
64(1) Crimes Legislation Amendment (Serious and Organised Crime) Act
Duty to return a thing seized under Division 3A.
Magistrate must allow owner to appear and be heard in determining an application by the Commissioner. Commissioner does not have to take steps if certain conditions are met. Magistrate may order retention of thing for specified period.
64(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Magistrate must allow owner to appear and be heard.
...the thing is likely to be used by the owner or another person in the commission of a terrorist act, a terrorism offence or a serious offence;
Commissioner exempt from taking steps if certain conditions are met.
The Commissioner does not have to take those steps if...
...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;
Magistrate may order retention of thing for specified period. Commissioner must notify persons with interest in thing before making application. Return of seized thing within 90 days
64(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
The Commissioner must take reasonable steps to return the thing to the owner within 90 days.
If subsection 3UF(2) applied in relation to the thing so that a seizure notice was not served—within 90 days after the day on which the thing was seized.
The Commissioner must take reasonable steps to return the thing to the owner.
The owner requests the return of the thing.
The Commissioner must apply to a magistrate for an order under section 3ZQZB.
Duty to apply for magistrate order if not returned
(b) The thing has not been returned to the owner by the end of the 90th day;
(a) The owner of a thing requests the return of the thing:
(i) within 90 days after the date of the seizure notice served under section 3UF in relation to the thing; or (ii) if subsection 3UF(2) applied in relation to the thing so that a seizure notice was not served—within 90 days after the day on which the thing was seized.
Magistrate may permit a thing seized under Division 3A to be retained, forfeited etc. Return of thing suspected to be used in commission of crime is prohibited.
64(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Temporal overlap between seizure and retention
66 Crimes Legislation Amendment (Serious and Organised Crime) Act
Magistrate must order thing be returned to owner if not satisfied.
66(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Magistrate must order thing be returned to owner.
66(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.
68 Crimes Legislation Amendment (Serious and Organised Crime) Act
7 Section 3UG
70 Crimes Legislation Amendment (Serious and Organised Crime) Act
Grant order if certain conditions are met
70(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
The order may be granted during this time
Grant order during reasonable grounds for suspecting evidential material is held in or accessible from the computer or data storage device
(2) The magistrate may grant the order if the magistrate is satisfied that: ... (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device;
Magistrate can grant order if conditions are met
Reasonable grounds for suspecting evidential material is held in or accessible from the computer or data storage device
Magistrate must grant order if conditions are met
The magistrate can refuse to grant the order
Magistrate can refuse to grant order if conditions are not met
The order may be granted until this condition is met
Grant order until reasonable grounds for suspecting evidential material is held in or accessible from the computer or data storage device
Order does not have effect on or after seizure.
70(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Order is not effective on or after seizure, but other orders can specify conditions.
(3) If: ... the order does not have effect on or after the seizure.
Inferential relationship between seizure and order effectiveness.
Prohibits order from having effect on or after seizure.
Diffuses application for another order under this section relating to computer or data storage device.
(3) If: ... An application for another order under this section relating to the computer or data storage device may be made after the seizure.
Validates application for another order under this section relating to computer or data storage device.
Specify period, place, and conditions for providing information or assistance.
70(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Requires specification of period, place, and conditions.
Failure to comply with an order is a criminal offence.
70(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
72 Crimes Legislation Amendment (Serious and Organised Crime) Act
72(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
72(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
72(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
72(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit sections 3UF and 3UG, substitute section 3UF.
8 Subsection 3UK(1)
9 After Division 4B of Part IAA
Substitute 'under section 3AA' for 'by the Minister by notice published in the Gazette'
1 Section 3 (paragraph (b) of the definition of complementary
Replace 'by the Minister by notice published in the Gazette' with 'under section 3AA'
10 Section 3
State participant occurs during the commission or inquiry
State participant relates to a commission or inquiry under a law of a State
State participant is a subclass of participant
State participant is a participant in relation to a State offence
11 Section 3
Replace 'such a person' with 'a person referred to in paragraph (a), (b), (c) or (d)'
12 Section 3 (paragraph (e) of the definition of witness)
13 After section 3
14 At the end of section 8
Participant does not include a former participant.
15 At the end of section 9
15(8) At the end of section 9
Continuation of obligation after former participant ceases to be included in NWPP.
15(9) At the end of section 9
The obligation continues to have effect after the former participant ceased to be included in the NWPP.
Continuation of obligation during time period
(9) To avoid doubt, subsection (8) does not affect any obligation...
Insert 'for each new identity' after 'name'
16 Paragraph 11(3)(b)
Repeal paragraph and substitute with new date for former participants.
17 Paragraph 11(3)(e)
Omit section 19(2) and substitute with section 19(6)
18 Paragraph 11(5)(d)
Excludes a person from being considered a former participant due to subsection 13(6)
19 At the end of section 11
Excludes a person from being considered a former participant
Definition of current NWPP identity for a participant at a particular time.
2 Section 3
Permits persons in designated positions to acquire and use assumed identities.
20 Paragraph 13(2)(b)
21 Paragraph 13(3)(b)
22 At the end of section 13
22 Offences relating to Commonwealth or Territory participants
Disclosing information about an individual who is a participant in the NWPP program can result in imprisonment for 2 years.
22(1) Offences relating to Commonwealth or Territory participants
...and (i) the individual has a current NWPP identity at the time the information is disclosed and the information is about...
Temporal relation between disclosure of information and assessment as a participant.
the individual has a current NWPP identity at the time the information is disclosed and the information is about...
...and (d) either or both of the following apply:
Knowledge representation of individuals as participants in the NWPP program.
the individual is a Commonwealth participant or a Territory participant; and
Prohibition of disclosing information about an individual who is a participant in the NWPP program.
The person discloses information about an individual; and
...and the person commits an offence if...
Information flow from disclosure to assessment as a participant.
...and (ii) there is a risk that disclosure of the information will reveal that the individual is a participant.
Recurring trace of disclosure of information and assessment as a participant.
there is a risk that disclosure of the information will reveal that the individual is a participant.
Disclosing information about an individual undergoing assessment for NWPP inclusion may be an offence.
22(2) Offences relating to Commonwealth or Territory participants
Disclosure of information may reveal individual's assessment status at that time
Temporal relation between disclosure and NWPP assessment
Assessment for NWPP inclusion occurs at a specific time
Prohibition of disclosing information about individuals undergoing NWPP assessment
Disclosure of information may reveal individual's assessment status
Offence committed if disclosure occurs repeatedly
Recurring trace of disclosure and NWPP assessment
Disclosure of information may be repeated
Disclosing information about a participant without proper clearance is an offence.
22(3) Offences relating to Commonwealth or Territory participants
The temporal relation between disclosure and risk of revealing participant status is relevant to the offence.
Temporal relation between disclosure and risk of revealing participant status.
There is a risk that disclosure of the information will reveal that the individual is a participant if they have a current NWPP identity.
The knowledge representation of participant status is based on the NWPP identity.
Knowledge representation of participant status.
An individual is classified as a participant if they have a current NWPP identity.
The disclosure of information about a participant without proper clearance is prohibited.
Prohibition of disclosing information about a participant.
Disclosing information about an individual is an offence if the individual is a participant.
The diffusion of information about participant status is relevant to the offence.
Diffusion of information about participant status.
The recurring trace of disclosure and compromise of security is relevant to the offence.
Recurring trace of disclosure and compromise of security.
There is a risk that disclosure of the information will compromise the security of the individual.
Commissioner may take actions for protection of former participant or other person.
22(5) At the end of section 13
If Commissioner takes action under subsection (5) in respect of a person other than a former participant, this Act applies to the person as if the person were a former participant.
22(6) At the end of section 13
This Act applies to the person as if the person were a former participant.
Commissioner takes action under subsection (5)
Written notice must be given to the Immigration Secretary
22(7) At the end of section 13
22A Offences relating to State participants
Disclosing information about an individual who is a participant or has a current NWPP identity can be an offence.
22A(1) Offences relating to State participants
There is an overlap between disclosure and assessment as State participant.
Temporal overlap between disclosure and assessment as State participant.
(f) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)—there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.
There is recognition of individuals as participants or having a current NWPP identity.
Recognition of individuals as participants or having a current NWPP identity.
(d) the individual is a State participant;
Prohibition of disclosing information about individuals who are participants or have a current NWPP identity.
(a) the person is: (i) a Commonwealth officer; or (ii) a Commonwealth participant; or (iii) a State participant; or (iv) a Territory participant; or (v) any other person;
There is a spread of disclosure of information about individuals who are participants or have a current NWPP identity.
Spread of disclosure of information about individuals who are participants or have a current NWPP identity.
There is a recurring trace of disclosure of information about individuals who are participants or have a current NWPP identity.
Recurring trace of disclosure of information about individuals who are participants or have a current NWPP identity.
(b) the person discloses information about an individual;
Committing an offence requires a person to be a Commonwealth officer or participant.
22A(2) Offences relating to State participants
The offence occurs during the period when the person is a Commonwealth officer or participant.
Offence occurs during the period when the person is a Commonwealth officer or participant.
(2) A person commits an offence if: (a) the person is: (i) a Commonwealth officer; or (ii) a Commonwealth participant;
The offence has a cognitive relation to the period when the person is a Commonwealth officer or participant.
Offence has a cognitive relation to the period when the person is a Commonwealth officer or participant.
The person is a Commonwealth officer or participant.
Person is a Commonwealth officer or participant.
The offence spreads during the period when the person is a Commonwealth officer or participant.
Offence spreads during the period when the person is a Commonwealth officer or participant.
The offence has a temporal relation to the period when the person is a Commonwealth officer or participant.
Offence has a temporal relation to the period when the person is a Commonwealth officer or participant.
22B Offences relating to disclosure of information about the NWPP
Disclosing certain information about the NWPP is an offence.
22B(1) Offences relating to disclosure of information about the NWPP
Prohibits disclosure of certain information about the NWPP.
22B(2) Offences relating to disclosure of information about the NWPP
Prohibits disclosure of certain information.
Disclosure exemptions for authorised persons, complaint purposes, and integrity commissioner referrals.
22B(3) Offences relating to disclosure of information about the NWPP
(a) the person has been authorised by the Commissioner to make the disclosure;
(b) the disclosure is made for the purpose of making a complaint,
Integrity commissioner referrals permit disclosure.
(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue;
22C Disclosures to courts, etc.
22C(1) Disclosures to courts, etc.
Applicable to disclosures of information
(a) a court or tribunal; or (b) a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry.
Does not affect the operation of subsection 26(3)
22C(2) Disclosures to courts, etc.
Insertion of word 'original' before 'identity'
23 Subparagraph 14(b)(ii)
Substitute 'original identity or a former NWPP identity'
24 Subsection 15(5)
Substitute “original identity or a former NWPP” for “former”.
25 Paragraph 16(1)(a)
Substitute 'the original identity or the former NWPP' for 'his or her former'
26 Paragraph 16(1)(b)
Replace 'his or her former' with 'the original identity or the former NWPP'
27 Subsection 16(1)
New term substitutes old one in AI context
27A Requirement where participant involved in civil proceedings
Participant must notify Commissioner of involvement in civil proceeding.
27A(1) Requirement where participant involved in civil proceedings
Commissioner may take action in circumstances after notification.
27A(2) Requirement where participant involved in civil proceedings
27A(3) Requirement where participant involved in civil proceedings
civil proceeding is a class of proceedings
Substitute 'original identity or any former NWPP' for 'former'
28 Subsection 16(2)
28 Identity of participant not to be disclosed in court proceedings
Disclose participant identity in court proceedings
28(1) Identity of participant not to be disclosed in court proceedings
...the fact that a person has undergone or is undergoing assessment for inclusion in the NWPP as such a participant.
Temporal relation between disclosure and assessment
(1) This section applies if one of more of the following matters is in issue...
...disclose the original identity or a former NWPP identity...
Mandatory disclosure of participant identity
...disclose the fact that a person is such a participant.
Prohibition on disclosing participant identity
...disclose the fact that a person has undergone or is undergoing assessment for inclusion in the NWPP as such a participant.
Prohibition on disclosing assessment information
Mandatory disclosure of assessment information
Court must hold proceedings in private and make orders to suppress publication of evidence.
28(2) Identity of participant not to be disclosed in court proceedings
(2) The court, tribunal or commission: (a) must, unless it considers that it is not in the interests of justice to do so, hold in private that part of the proceedings that relates to the matter referred to in paragraph (1)(a), (b) or (c); and
Obligation to hold proceedings in private
Obligation to make orders to suppress publication of evidence
(b) must make such orders relating to the suppression of publication of evidence given before it as, in its opinion, will ensure that the matter referred to in paragraph (1)(a), (b) or (c) is not made public;
(2) The court, tribunal or commission: (a) must, unless it considers that it is not in the interests of justice to do so, hold in private that part of the proceedings that relates to the matter referred to in paragraph (1)(a), (b) or (c); and (b) must make such orders relating to the suppression of publication of evidence given before it as, in its opinion, will ensure that the matter referred to in paragraph (1)(a), (b) or (c) is not made public;
28A Offence of contravening an order under section 28
Offence of contravening an order under section 28
28A(1) Offence of contravening an order under section 28
(1) A person commits an offence if: (a) an order is in force under section 28;
Avoids doubt on powers of the body that made the order under section 28.
28A(2) Offence of contravening an order under section 28
29 Subsection 16(2)
Defines former NWPP identity for a participant at a particular time.
Replace 'former' with 'original identity or any former NWPP'
30 Subsection 16(4)
31 Subsection 16(6)
Substitute 'original identity or any former NWPP identity' for 'former identity'.
32 Section 17
Replace heading and note 1, insert note 2
33 Subsection 18(1)
Replace 'protection and assistance for the participant' with 'the participant's inclusion in the NWPP'.
34 Subparagraph 18(1)(b)(iv)
35 Subsection 18(1)
Termination of NWPP protection and assistance
36 Subsection 18(2)
Prohibits termination of NWPP protection and assistance
Protection and assistance must be terminated by the Commissioner if requested in writing.
37 After subsection 18(2)
The Commissioner must terminate the protection and assistance.
The person requests in writing that the protection and assistance be terminated.
Omit specific phrase from subsection 18(3)
38 Subsection 18(3)
39 Paragraphs 18(4)(b) and (c)
Minister may declare a law to be complementary witness protection law.
3AA Declaration of complementary witness protection law
Offence is taken to be a State offence with a federal aspect if investigated by Australian Federal Police or Australian Crime Commission
3AB State offence that has a federal aspect
Investigated by Australian Crime Commission during the same period as the offence
Temporal relation between investigation and offence
Offence is taken to be a State offence with a federal aspect if investigated by both agencies
Combination of conditions for State offence with a federal aspect
Section 4AA Australian Federal Police Act 1979 and Section 4A Australian Crime Commission Act 2002
Offence is taken to be a State offence with a federal aspect if investigated by either agency
Cognitive processing of investigation and offence relation
Investigated by Australian Federal Police or Australian Crime Commission
Offence is taken to be a State offence with a federal aspect
Diffusion of obligation from investigation to offence
4 Section 3
Termination decision cannot be made without a person's involvement.
40 Subsection 18(5)
Substitute 'person's' for 'participant's'
41 Subparagraph 18(5)(a)(i)
42 Subparagraph 18(5)(a)(ii)
43 Paragraphs 18(5)(b), (c), (d) and (e)
Written notice of termination decision must be given to Immigration Secretary
44 Subsection 18(6)
45 At the end of section 18
Exclude former participants from the term participant
46 Subsection 19(1)
Action taken during NWPP identity provision
Dependent on discretion of Deputy Commissioner
47 Subsection 19(2)
Substitute specific identity terms in subsection 19(3)
48 Subsection 19(3)
Notice to participant under subsection (6) upon restoration of identity.
49 Subsections 19(5) and (6)
5 Section 3
Substitute current NWPP identity or current location
50 Paragraph 20(c)
Insertion of 'or the performance or purported performance' after 'conferred'
51 Section 21
Repeal section and substitute with new provision
52 Section 22
Substitute "subsections (3) and (4)" for "subsection (3)"
53 Subsection 25(1)
Omit 'and 27', substitute ', 27 and 27A'
54 Subsection 25(3)
Delegation of Commissioner's powers and functions
55 At the end of section 25
Deputy Commissioner, Assistant Commissioner, or person occupying an equivalent or higher rank
56 Paragraph 26(1)(a)
57 Paragraphs 26(1)(a) and (b)
Prohibition on divulging or communicating information about AFP employees involved in NWPP operation.
58 After paragraph 26(1)(b)
The information disclosure is restricted during the operation.
Information disclosure is restricted during operation.
The person has the information as a result of the performance of functions or duties, or the exercise of powers, under this Act;
There is no AI processing of information.
No AI processing of information about AFP employees.
The person must not divulge or communicate the information.
Prohibition on divulging or communicating information.
The person has the information as a result of the performance of functions or duties, or the exercise of powers, under this Act.
No diffusion of information about AFP employees.
The information disclosure is restricted until the operation ends.
Information disclosure is restricted until operation ends.
Substitute specific authorities with broader terms.
59 Paragraph 26(2)(a)
Defines personal information for identity purposes
6 Section 3
Classifies personal info for identity purposes
60 After paragraph 26(2)(b)
The disclosure is restricted during operation of NWPP.
Disclosure is restricted during operation of NWPP.
The person has the information as a result of performance of functions or duties, or exercise of powers, in relation to this Act.
Divulging or communicating such information is prohibited.
Performance of functions or duties, or exercise of powers, in relation to this Act.
Insert 'a State or a Territory' after 'Commonwealth'
61 Subsection 26(3)
62 Subsection 26(5)
63 Subsection 26(5)
Prohibits omission of 'or former participant'
Participant must notify Commissioner if to be a witness in proceeding.
64 Subsection 27(1)
65 Subsection 27(2)
66 After section 27
67 Section 28
Substitute sections 27 and 27A for section 27.
68 Subsection 30(1)
A declaration made under paragraph (b) of the definition of complementary witness protection law is not a legislative instrument.
69 Saving provision—declarations of complementary witness
Defines original identity in relation to a participant.
7 Section 3
Classifies the excerpt as a descriptive clause.
Commencement of action under Witness Protection Act 1994
70 Application—action in respect of former participants etc.
Applicability of Witness Protection Act 1994 to pre-commencement permissions
71 Application—non-disclosure of former identity
Pre-commencement permissions are affected by the Act's commencement.
Temporal overlap between pre-commencement and post-commencement permissions
The Act applies on and after the commencement of this item in relation to a pre-commencement permission.
The Act applies to pre-commencement permissions.
The Act applies on and after its commencement.
There is an obligation to apply the Act to pre-commencement permissions.
Obligation to apply the Act to pre-commencement permissions
The Act applies on and after its commencement in relation to a pre-commencement permission.
Pre-commencement permission is classified as such.
Classification of post-commencement and pre-commencement permissions
Post-commencement permission means a permission given under paragraph 16(1)(b) of the Witness Protection Act 1994, as in force at the commencement of this item.
Pre-commencement permissions are classified as such.
Classification of post-commencement and pre-commencement permissions as such
Pre-commencement permission means a permission given under paragraph 16(1)(b) of the Witness Protection Act 1994 before the commencement of this item.
The Act's applicability is recurring for pre-commencement permissions.
Recurring applicability of the Act to pre-commencement permissions
74 Crimes Legislation Amendment (Serious and Organised Crime) Act
Federal aspect applies if certain sections apply
76 Crimes Legislation Amendment (Serious and Organised Crime) Act
Either of the sections referred to in paragraphs (a) and (b) were to apply.
78 Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines participant as including a former participant unless contrary intention appears.
8 Section 3 (definition of participant)
Deputy Commissioner must notify person of termination decision
80 Crimes Legislation Amendment (Serious and Organised Crime) Act
82 Crimes Legislation Amendment (Serious and Organised Crime) Act
Documents related to current and former NWPP identities.
Participant must return documents within 10 days of notice.
82(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Refusal to comply with notice results in offence.
82(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
The notice and refusal occur at the same time.
Temporal overlap between notice and refusal.
(7) A person commits an offence if: (a) the person is given a notice under subsection (6); and (b) the person refuses or fails to comply with the notice.
The refusal is recognized as an offence.
Prohibits refusal to comply with notice.
84 Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosing information about an individual undergoing NWPP assessment can lead to imprisonment for 10 years.
84(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits disclosure of information about an individual undergoing NWPP assessment.
(a) the person discloses information about an individual; and (b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed;
Prohibits disclosure of information that could compromise the security of the individual.
(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment;
Prohibits disclosure of information that could lead to the individual being included in the NWPP.
(c) if the individual were included in the NWPP following that assessment, the individual would be a Commonwealth participant or a Territory participant;
Prohibits disclosure of information about an individual who is undergoing assessment for inclusion in the NWPP.
(b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed;
Disclosure is permitted under certain conditions.
84(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Absolute liability applies to certain crimes.
84(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
A person may be convicted of an offence against subsections (1), (2), (3) or (4)
84(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
86 Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosing information about a participant without proper clearance is prohibited.
86(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosure of information about a participant without proper clearance.
Disclosing information about an individual undergoing assessment for inclusion in the NWPP can lead to security compromise or integrity of NWPP.
86(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosing information can lead to security compromise or integrity of NWPP.
Disclosure by a person is permitted under certain conditions.
86(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
88 Crimes Legislation Amendment (Serious and Organised Crime) Act
88(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
88(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Definition of 'State offence that has a federal aspect'
9 Section 3
Giving information that raises an AFP conduct or practices issue is prohibited.
90 Crimes Legislation Amendment (Serious and Organised Crime) Act
Temporal overlap between disclosure and offence
(4) To avoid doubt, a person may be convicted of an offence against subsection (2) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.
Investigating or resolving an AFP conduct or practices issue is prohibited.
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.
A person may be convicted of an offence against subsection (2) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.
92 Crimes Legislation Amendment (Serious and Organised Crime) Act
Sec 94: Prohibition on disclosure of certain information
94 Crimes Legislation Amendment (Serious and Organised Crime) Act
96 Crimes Legislation Amendment (Serious and Organised Crime) Act
1 At the end of Chapter 9 of the Criminal Code
100 Crimes Legislation Amendment (Serious and Organised Crime) Act
Specify acts or omissions in State offences
100(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
...having regard to the circumstances in which the offence is committed...
Expresses a temporal relation between the circumstances and the acts/omissions
(3) For the purposes of paragraph (2)(c)
the specificity of the acts or omissions involved in committing a State offence is to be determined...
...the specificity of the acts or omissions involved in committing a State offence is to be determined...
Permits flexibility in specifying acts/omissions
Imposes an obligation on specifying acts/omissions
...whether or not those circumstances are expressed to be elements of the offence.
Expresses a recurring trace between the circumstances and the acts/omissions
A State offence is taken to be covered by paragraph (2)(c) if the conduct constituting the State offence affects the interests of the Commonwealth or an authority of the Commonwealth.
100(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
The provision states that a State offence is taken to be covered by paragraph (2)(c)
100(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
102 Crimes Legislation Amendment (Serious and Organised Crime) Act
A person commits an offence if they associate with another person engaging in conduct that constitutes an offence against any law. Exempts conduct from punishment for related offenses within a 7-day window.
102(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
The conviction occurred before the association.
Establishes a temporal relation between the conviction and the association.
(a) the first person has previously been convicted of an offence against subsection (1); and (b) the first person associates with another person (the second person);
The first person commits an offence if they associate with another person engaging in conduct that constitutes an offence against any law.
Obligation to not associate with another person engaging in conduct that constitutes an offence against any law.
The first person is obligated not to facilitate the engagement or proposed engagement.
Obligation to not engage in conduct that constitutes an offence against any law.
(d) the association facilitates the engagement or proposed engagement by the second person in the second person’s conduct;
The association and the conduct are recurring traces.
Establishes a recurring trace of the association and the conduct.
(c) the second person engages, or proposes to engage, in conduct (the second person’s conduct) that constitutes, or is part of conduct constituting, an offence against any law;
Knowledge is a fault element for certain crimes.
102(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Knowledge is a necessary condition for certain crimes.
102(3A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prosecution need not prove identity of certain persons
102(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Absolute liability applies to paragraphs (1)(e) and (2)(f)
No need to prove identity of persons in certain circumstances.
102(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Temporal overlap for crimes legislation amendment
It is not necessary to prove the identity of any of the persons mentioned...
No obligation to prove identity in certain circumstances.
Exemptions from the Crimes Legislation Amendment (Serious and Organised Crime) Act
102(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
...the association is reasonable in the circumstances.
Temporal overlap between exemptions and the Act
(6) This section does not apply to an association if...
Exemptions from the obligation to comply with the Act
The Act does not apply to an association if...
Repeating pattern of exemptions and the Act
Limits on paragraph (6)(a), (b), (c), (d) and (e)
102(6A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibition on conviction of certain offences
102(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
(7) A person who is convicted of an offence against subsection (1)
Exemption from application of section due to infringement on constitutional doctrine
102(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
Exemption applies during infringement on constitutional doctrine
Infringement on constitutional doctrine occurs before section applies
Exempts from application of section due to infringement on constitutional doctrine
Section does not apply to the extent it would infringe any constitutional doctrine
Exemption spreads to all cases where infringement on constitutional doctrine occurs
104 Crimes Legislation Amendment (Serious and Organised Crime) Act
Absolute liability applies to paragraphs (1)(e) and (f).
104(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
A person may be convicted of an offence against subsection (1) if providing support or resources aids the organisation.
104(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Providing support or resources aids the organisation
106 Crimes Legislation Amendment (Serious and Organised Crime) Act
Conviction not required for underlying offence discharge
106(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
No prosecution for conduct already punished abroad.
106(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
If convicted or acquitted of a foreign offence, cannot be prosecuted.
Conviction or acquittal of a foreign offence
Conviction possible if organisation benefits from underlying offence
106(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Obligation to convict if organisation benefits
Underlying offence likely to result in organisation benefits
108 Crimes Legislation Amendment (Serious and Organised Crime) Act
2 Dictionary in the Criminal Code
Sections apply if conduct occurred after commencement.
3 Application of sections 390.3, 390.4, 390.5 and 390.6 of the
Defines terms used in the Division, including 'ancillary offence', 'associate', and 'child'.
390 Section 390
Identify State offences with a federal aspect.
390(1) Section 390
The section applies during the commencement of the Act
(1) The object of this section is to identify State offences that have a federal aspect because:
State offences that have a federal aspect
(a) they potentially fall within Commonwealth legislative power because of the elements of the State offence;
State offences with a federal aspect must be identified
(1) The object of this section is to identify State offences that have a federal aspect;
The section applies and must be complied with
A State offence has a federal aspect if it is not an ancillary offence and the provision creating it had been enacted by the Parliament of the Commonwealth.
390(2) Section 390
The provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the CommonLaw Authoritative Act C2011C00166 between the time it was created and now.
Temporal interval for the creation of the provision
(2) For the purposes of this Act, a State offence has a federal aspect if...
(a) both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the CommonLaw Authoritative Act C2011C00166
Associating in support of serious organised criminal activity is prohibited.
Prohibits associating in support of serious organised criminal activity.
Providing material support or resources to a criminal organisation is an offence.
Committing an offence against any law for the benefit of an organisation is prohibited.
(f) the underlying offence is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Prohibits committing an offence for the benefit of an organisation.
(a) the person commits an offence against any law (the underlying offence); and
Organisation of 2 or more persons facilitating offence against law punishable by imprisonment for at least 3 years.
Organisation has 2 or more members between which offence is facilitated.
(c) the organisation consists of 2 or more persons; (d) the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation;
Section 390 recognises organisations with 2 or more members as facilitators of offences.
(d) the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation;
Organisation of 2 or more persons facilitating offence against law.
Organisation diffuses engagement in conduct constituting an offence against law.
(f) the underlying offence is a constitutionally covered offence punishable by imprisonment for at least 12 months;
No fault element for physical elements of underlying offence
390(3) Section 390
Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f)
390(4) Section 390
Must provide a benefit even if not received.
Directing activities of an organisation that aid or risk aiding conduct constituting an offence against any law.
Directing activities that aid or risk aiding conduct constituting an offence against any law.
(a) the person directs one or more activities of an organisation;
Directing activities constituting an offence against any law punishable by imprisonment for at least 3 years is prohibited.
Directing activities constituting an offence against any law is between a prohibited activity and the person committing an offence.
Directing activities constituting an offence against any law is prohibited.
(f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Directing activities constituting an offence against any law is a recurring prohibited activity.
Conviction possible even if activity does not aid the organisation
Extended geographical jurisdiction applies to an offence against this Division.
Indicates the applicability of a rule or provision.
Offences against Division 390 of the Criminal Code are serious offences.
4 After subsection 5D(8)
98 Crimes Legislation Amendment (Serious and Organised Crime) Act
Relationships of close family members are defined based on the definition of child.
98(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Clarifies references to organisations and persons in the Crimes Legislation Amendment (Serious and Organised Crime) Act.
98(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Insertion of 'against a law' into the definition of an offence.
1 Subsection 400.1(1) of the Criminal Code (definition of
Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that is intended by the person to become an instrument of crime.
10 At the end of subsection 400.5(4) of the Criminal Code
11 Subsection 400.6(4) of the Criminal Code (note)
Exemption from prosecution for conduct occurring in a foreign country
11(2) Section 11
Relates to conduct occurring in a foreign country
(b) the conduct constituting the alleged offence occurs wholly in...
(2) A person is not guilty of an offence against this Division...
Exception provision for subsection (2) of section 11(2)
11(3) Section 11
The law creating the offence must acknowledge this exception.
Imposes obligation on the law creating the offence
(2) of this section is taken to be an exception provided by the law creating the offence.
The law creating the offence may acknowledge (2) as an exception.
Permits the law creating the offence to acknowledge exceptions
The law creating the offence must acknowledge (2) as an exception.
Imposes obligation on the law to acknowledge exceptions
The offender must comply with exceptions acknowledged by the law.
Imposes obligation on the offender to comply with exceptions
(3) For the purposes of the application of subsection 13.3(3) to an offence, (2) of this section is taken to be an exception provided by the law creating the offence.
The court must apply exceptions acknowledged by the law.
Imposes obligation on the court to apply exceptions
A person is not guilty of an offence against this Division if certain conditions are met.
11(4) Section 11
The provision specifies the temporal scope of the exemption.
The provision implies that certain conditions must be met for an individual to be exempt from liability.
The provision represents knowledge about exemptions from liability.
The provision imposes an obligation on individuals and bodies corporate.
The provision propagates the exemption to individuals and bodies corporate.
Exception provision for subsection (4) of section 11
11(5) Section 11
exception provided by the law creating the offence.
110 Crimes Legislation Amendment (Serious and Organised Crime) Act
Circumstances must exist for sections to apply
110(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibition on using money or property to facilitate serious and organised crime
110(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits the use of money or property to facilitate serious and organised crime
Dealing with money or property under specified circumstances is prohibited.
110(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
The dealing with money or property is not allowed.
The dealing with money or property occurs under specified circumstances.
Identifies the scope of the prohibition.
Absolute liability applies to subsections (3) and (4).
110(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Dealing with money or property intended to become an instrument of crime is prohibited.
112 Crimes Legislation Amendment (Serious and Organised Crime) Act
Temporal overlap with prohibited activities
(a) is intended by the person to become an instrument of crime; or (b) is at risk of becoming an instrument of crime.
Residency requirement for alleged offence
114 Crimes Legislation Amendment (Serious and Organised Crime) Act
Residency requirement applies during alleged offence
(No. 2) 2010 (i) at the time of the alleged offence, the person is an Australian citizen; or
(No. 2) 2010 (ii) at the time of the alleged offence, the person is a resident of Australia; or
116 Crimes Legislation Amendment (Serious and Organised Crime) Act
Section 16.1 applies in relation to an offence against this Division.
116(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Sections 16.2 and 16.3 apply for the purposes of this Division in the same way as they apply for the purposes of Part 2.7.
116(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Division and Part have the same temporal applicability
Division and Part have the same applicability
Recurring trace between Division and Part
Division and Part have the same recurring applicability
Prohibition on carrying on a business of giving effect to remittance arrangements
118 Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines the temporal scope of the prohibition
(No. 2) 2010 in the capacity of a non-financier carrying on a business of giving effect to remittance arrangements,
Prohibits carrying on a business of giving effect to remittance arrangements
12 At the end of subsection 400.6(4) of the Criminal Code
120 Crimes Legislation Amendment (Serious and Organised Crime) Act
13 Subsection 400.7(4) of the Criminal Code (note)
14 At the end of subsection 400.7(4) of the Criminal Code
Imposes a duty to prevent money laundering
15 At the end of section 400.8 of the Criminal Code
16 Subsection 400.9(1) of the Criminal Code
Dealing with proceeds of crime over $100,000 is an offence.
16(1) Subsection 400.9(1) of the Criminal Code
Temporal interval of dealing with proceeds of crime
(1) A person commits an offence if: (a) the person deals with money or other property; and (b) it is reasonable to suspect that the money or property is proceeds of crime; and (c) at the time of the dealing, the value of the money and other property is $100,000 or more.
Recognizes a pattern in data related to proceeds of crime
Implies imprisonment for 3 years or penalty units
Diffuses into a set of agents with authority to investigate
Holds for all temporal intervals of dealing with proceeds of crime
Dealing with proceeds of crime is an offence.
16(1A) Subsection 400.9(1) of the Criminal Code
Dealing with proceeds of crime implies an offence.
Insertion of new provision after subsection (1)(b)
17 Subsection 400.9(2) of the Criminal Code
Insertion of a phrase after 'expenditure'
18 Paragraph 400.9(2)(c) of the Criminal Code
19 Subsection 400.9(3) of the Criminal Code
Inserts 'wholly or partly' after 'that is' in the definition of proceeds of crime.
2 Subsection 400.1(1) of the Criminal Code (definition of
Omit specific paragraph references in Criminal Code subsection 400.9(4)
20 Subsection 400.9(4) of the Criminal Code
Prohibits omitting specific paragraph references
21 Subsection 400.9(6) of the Criminal Code
22 Subsection 400.10(1) of the Criminal Code
23 Section 400.15 of the Criminal Code
Amendments apply in relation to conduct engaged on or after commencement of this Part.
24 Application
25 Section 5
non-financier means a person who is not...
Defines stored value card, excluding debit and credit cards.
26 Section 5 (definition of stored value card)
Includes definition of stored value card
Substitutes new definition for stored value card
Replace 'stored on' with 'stored in connection with'
27 Subsection 6(2) (table items 21, 22, 23 and 24)
Repeal items, substitute with Schedule 5 Money laundering
28 Subsection 6(2) (table items 31 and 32)
Application of amendments to designated services
29 Application
Insertion of 'against a law' into definition of proceeds of crime
3 Subsection 400.1(1) of the Criminal Code (definition of
Repeal paragraphs and substitute with a new definition of non-financier.
30 Paragraphs 10(1)(a) and (b)
Prohibits the transfer of money or property under a remittance arrangement.
Transitional provisions for AML/CTF Rules
31 Transitional provisions for AML/CTF Rules
Omit certain wording from an arrangement
32 Paragraph 10(3)(a)
Omit 'person in Australia', substitute 'non-financier in Australia'.
33 Section 46 (table items 3 and 4)
Omit 'as soon as possible', substitute 'immediately'
34 Subsection 59(1)
Reporting entities must not disclose certain information to anyone else.
35 Subsection 123(3)
Reporting entity required to give information
Applicability of subsection 123(3) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
36 Application
The temporal interval for applicability is before, on or after the commencement of this item.
The provision applies to requirements made under subsection 49(1) of the Act before, on or after the commencement of this item.
The provision is applicable in relation to requirements made under subsection 49(1) of the Act.
The provision applies to requirements made under subsection 49(1) of the Act.
There is an obligation to apply the provision in relation to requirements made under subsection 49(1) of the Act.
The provision applies in relation to requirements made under subsection 49(1) of the Act.
4 Section 400.2 of the Criminal Code
Definition of dealing with money or other property
400 Section 400
Application of offences relating to possible instruments of crime
Geographical jurisdiction for committing an offence against this Division
A person does not commit an offence against this Division unless...
Part of the conduct must occur in Australia
The conduct constituting the alleged offence occurs wholly or partly in Australia
...the conduct constituting the alleged offence occurs wholly or partly in Australia; or wholly or partly on board an Australian aircraft or an Australian ship;
Part of the conduct must occur on board an Australian aircraft or ship
(i) wholly or partly in Australia; (ii) wholly or partly on board an Australian aircraft or an Australian ship
...the conduct constituting the alleged offence occurs wholly outside Australia...
(b) the conduct constituting the alleged offence occurs wholly outside Australia...
...in relation to a Commonwealth indictable offence, a State indictable offence, an Australian Capital Territory indictable offence or a Northern Territory indictable offence;
Conduct must be related to a specific type of offence
related to a Commonwealth indictable offence
(iii) is at risk of becoming an instrument of crime; in relation to a Commonwealth indictable offence, a State indictable offence, an Australian Capital Territory indictable offence or a Northern Territory indictable offence;
Conduct must occur outside Australia and meet specific conditions
(c) the conduct constituting the alleged offence occurs wholly outside Australia...
5 Subsection 400.3(4) of the Criminal Code (note)
6 At the end of subsection 400.3(4) of the Criminal Code
7 Subsection 400.4(4) of the Criminal Code (note)
8 At the end of subsection 400.4(4) of the Criminal Code
9 Subsection 400.5(4) of the Criminal Code (note)
1 At the end of Division 6 of Part IB
122 Crimes Legislation Amendment (Serious and Organised Crime) Act
Court of Appeal must dismiss appeal under certain circumstances.
122(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
(4) Otherwise, the Court of Appeal must dismiss the appeal.
Court of Appeal may dismiss appeal if no substantial miscarriage of justice has occurred.
122(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court of Appeal may make orders for custody or bail of the accused if appeal is allowed.
122(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
the Court of Appeal may make orders for the custody or bail of the accused.
Court of Appeal overlaps with custody or bail if appeal is allowed.
If the Court of Appeal allows the appeal:
Court of Appeal prohibits custody or bail if appeal is allowed.
Court of Appeal permits custody or bail if appeal is allowed.
Court of Appeal diffuses information about custody or bail if appeal is allowed.
Court of Appeal recurs to custody or bail if appeal is allowed.
Rules of court may make provision relating to appeals and proceedings.
122(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Division has effect subject to this section.
122(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
124 Crimes Legislation Amendment (Serious and Organised Crime) Act
Applicability of section 20BI of the Crimes Act 1914
2 Application of section 20BI of the Crimes Act 1914
20BI Appeals against some Victorian jury findings of unfitness to be
Right to appeal against some Victorian jury findings of unfitness to be
20BI(1) Appeals against some Victorian jury findings of unfitness to be
Court of Appeal gives leave to appeal on certain grounds.
20BI(2) Appeals against some Victorian jury findings of unfitness to be
Grounds for appeal: before the trial, on appeal
Temporal relation between grounds for appeal
Court of Appeal must allow appeal if certain conditions are met.
20BI(3) Appeals against some Victorian jury findings of unfitness to be
...the appeal if the court thinks that...(a)...
Appeal is related to a specific time period.
(3) The Court of Appeal must allow the appeal if...
Appeal implies a miscarriage of justice.
(3) The Court of Appeal must allow the appeal...
...the order of the Supreme Court or County Court giving effect...to the finding should be set aside...
Appeal is related to a specific type of decision.
Appeal proceedings for unfitness to plead continue to apply despite repeal of section 570C.
3 Transitional provision
Provisions continue to apply despite repeal.
Relevant provisions overlap with section 570C.
Repeal does not affect provisions that were in force immediately before repeal.
1 Subsection 4(1)
10 Paragraph 28(1A)(c)
Failure to comply with section 29A does not affect the validity of a summons.
11 Subsection 28(8)
12 Paragraph 29(1A)(b)
Prohibits the omission of specific words.
Failure to comply with section 29A does not affect notice validity
126 Crimes Legislation Amendment (Serious and Organised Crime) Act
Failure to comply does not affect notice validity
Section 29A has an obligation on the agent
128 Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide a copy of the certificate before or at the same time as an application is made.
128(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may deal with person as if acts or omissions constituted contempt of Court.
128(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Chapter 2 of the Criminal Code applies to contempt of the ACC.
128(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
13 Paragraph 29(1A)(c)
130 Crimes Legislation Amendment (Serious and Organised Crime) Act
132 Crimes Legislation Amendment (Serious and Organised Crime) Act
134 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal subsection and substitute with new schedule
14 Subsection 29(5)
Addition of complaint purposes for Ombudsman and Australian Law Enforcement Integrity Commission.
15 At the end of subsection 29B(2)
Omit 'giving legal advice', substitute 'giving or obtaining legal advice or legal representation'.
16 Paragraph 29B(4)(b)
17 At the end of subsection 29B(4)
18 After section 34
Prohibit threatening a person present at an examination before an examiner.
19 At the end of subsection 35(1)
Add Commissioner of Taxation to eligible Commonwealth Board members
2 Subsection 4(1) (at the end of the definition of eligible
20 Section 35A
21 At the end of section 35A
No prosecution for an offence in respect of an act or omission if dealt with by the Court under subsection 34B(1)
21(2) At the end of section 35A
the person is not liable to be prosecuted for an offence in respect of that act or omission.
The provision overlaps with a temporal interval where an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person.
(2) If: (a) an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person; and (b) the person is dealt with by the Court under that section in respect of the act or omission;
The provision overlaps with a cognitive AI where an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person.
If application is made to the Federal Court or a Supreme Court, then no prosecution.
(2) If an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person; and (b) the person is dealt with by the Court under that section in respect of the act or omission;
The provision overlaps with a diffusion where an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person.
The provision overlaps with a trace where an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person.
No application can be made under subsection 34B(1) in respect of an act or omission.
21(3) At the end of section 35A
22 Section 61A
Permits decisions under section 34B or 34D of the Australian Crime Commission Act 2002 and Surveillance Devices Act 2004
23 After paragraph (w) of Schedule 1
Establishes a relation between decisions under section 34B or 34D of the Australian Crime Commission Act 2002 and Surveillance Devices Act 2004
Identifies decisions under section 34B or 34D of the Australian Crime Commission Act 2002 and Surveillance Devices Act 2004 as relevant
Grants permission for decisions under specified sections
Categorizes decisions under section 34B or 34D of the Australian Crime Commission Act 2002 and Surveillance Devices Act 2004 as valid
Ensures decisions under section 34B or 34D of the Australian Crime Commission Act 2002 and Surveillance Devices Act 2004 conform to specified rules
Add a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission.
24 Subsection 6(1) (at the end of the definition of relevant
Inserts a proceeding for contempt of the Australian Crime Commission.
25 After paragraph 5B(1)(hc)
Application of amendments relating to contempt
26 Application of amendments relating to contempt
Amendment applies to operations before, on or after commencement.
27 Application of amendment made by item 4
Amendments apply to summons or notice issued on or after commencement.
28 Application of amendments relating to reasons for
Amendments apply to information obtained before, on or after commencement.
29 Application of amendments made by items 24 and 25
3 Subsection 4(1)
contempt of the ACC has the meaning given by section 34A.
Refusing or failing to comply with examiner requirements
34A Contempt of the ACC
34B Federal Court or Supreme Court to deal with contempt
Examiner may apply to courts for contempt dealing
34B(1) Federal Court or Supreme Court to deal with contempt
(1) If an examiner is of the opinion that, during an examination before the examiner, a person is in contempt of the ACC, the examiner may apply to either of the following courts for the person to be dealt with in relation to the contempt:
Examiner must inform person before making application.
34B(2) Federal Court or Supreme Court to deal with contempt
Application must be accompanied by a certificate stating grounds for making the application.
34B(3) Federal Court or Supreme Court to deal with contempt
34C Conduct of contempt proceedings
Application for contempt proceeding must be made to the Federal Court or Supreme Court of a State or Territory under section 34B.
34C(1) Conduct of contempt proceedings
Proceedings must be conducted in accordance with the laws that apply to punishment of contempt.
34C(2) Conduct of contempt proceedings
(2) Proceedings in relation to the application are, subject to this Act, to be instituted, carried on, heard and determined in accordance with the laws (including any Rules of Court) that apply in relation to the punishment of a contempt of the Court to which the application was made.
Certificate under subsection 34B(3) is prima facie evidence of matters specified in the certificate.
34C(3) Conduct of contempt proceedings
The certificate is prima facie evidence.
Imposes a duty on the State to provide evidence.
34D Person in contempt may be detained
34D(1) Person in contempt may be detained
Person must be brought before the Court as soon as practicable.
34D(2) Person in contempt may be detained
the examiner must apply to the Court as soon as practicable under subsection 34B(1) in respect of the person;
Person detention is contained within subsection (1).
(2) If the person is detained under subsection (1):
the person must, subject to subsection (3) of this section, be brought before the Court as soon as practicable.
Detention implies bringing person before the Court.
Must apply to the Court as soon as practicable under subsection 34B(1).
Detention spreads to bringing person before the Court.
34D(3) Person in contempt may be detained
34D(4) Person in contempt may be detained
Court may vary or revoke a condition imposed under subsection (4)
34D(5) Person in contempt may be detained
34E Examiner may withdraw contempt application
Examiner may withdraw contempt application at any time.
34E(1) Examiner may withdraw contempt application
Person must be released from detention immediately if examiner withdraws contempt application.
34E(2) Examiner may withdraw contempt application
the temporal interval between the examiner's action and the person's release is a mandatory obligation.
Temporal interval between examiner's action and person's release
(2) If: (a) the examiner does so; and (b) the person is in detention under section 34D;
the provision classifies the person's detention as an obligation using CogAI.
Classification of provision as an obligation using CogAI
the person must be released from detention immediately.
(2) If the examiner does so; and (b) the person is in detention under section 34D;
the diffusion of the obligation to release the person from detention is a mandatory obligation.
Diffusion of obligation to release person from detention
the recurring trace of the person's release is a mandatory obligation.
No evidence required for subsection 12(1) applications
34F Relationship with section 12
4 Subsection 4(1) (definition of intelligence operation)
5 Subsection 4(1)
Ombudsman is defined as the Commonwealth Ombudsman.
Ombudsman means the Commonwealth Ombudsman.
6 Subsection 4A(6) (definition of intelligence operation)
61A Review of operation of Act
61A(1) Review of operation of Act
Review of operation of Act must be undertaken after a 5 year period.
61A(2) Review of operation of Act
Minister's review of Act operation is overridden by parliamentary committee review.
61A(3) Review of operation of Act
Excerpt describes an overlap between the Minister's review and parliamentary committee review.
Both reviews occur within the same time period.
Minister's review is overridden by committee review.
Excerpt implies that a parliamentary committee can infer the Minister's review is overridden.
Committee review is initiated before Minister undertakes review.
Parliamentary committee takes precedence over Minister's review.
Committee review initiated before Minister undertakes review.
Minister's review is implied to be overridden.
Excerpt implies that the Minister's review is overridden if a parliamentary committee initiates a review.
Review is validly initiated by committee.
Excerpt validates the parliamentary committee's right to initiate a review.
Add the Commissioner of Taxation to the list.
7 At the end of subsection 7B(2)
Adding a new entity to a list is an obligation.
8 Subsection 7C(5)
9 Paragraph 28(1A)(b)
1 Subsection 70.2(1) of the Criminal Code (penalty)
136 Crimes Legislation Amendment (Serious and Organised Crime) Act
Annual turnover calculation for corporate bodies
136(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines the temporal interval for calculating annual turnover
Same meaning as in A New Tax System (Goods and Services Tax) Act 1999
136(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
Determine related bodies corporate in the same way as for the Corporations Act 2001.
136(9) Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal notes and substitute with new note.
2 Subsection 70.2(1) of the Criminal Code (notes 1 and 2)
3 At the end of section 70.2 of the Criminal Code
Offence punishable by imprisonment, fine or both
3(4) At the end of section 70.2 of the Criminal Code
An offence against subsection (1) committed by an individual is punishable on conviction...
Defines temporal interval for punishment
Classifies punishment as imprisonment, fine or both
punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
Body corporate punishable by fine not exceeding certain amounts for offence committed
3(5) At the end of section 70.2 of the Criminal Code
is punishable on conviction by a fine not more than the greatest of...
Establishes temporal relation between conduct and fines
Establishes implication between conduct and fines
Classifies fines based on benefit obtained
(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained...
Prohibits body corporate from committing certain conduct
Propagates fines to related bodies corporate
Excludes certain supplies from annual turnover calculation
3(6) At the end of section 70.2 of the Criminal Code
Meaning of expressions from A New Tax System Act 1999 applied to subsection (6)
3(7) At the end of section 70.2 of the Criminal Code
Same meaning as in A New Tax System Act 1999
Determine relatedness for purposes of this section and Corporations Act 2001
3(8) At the end of section 70.2 of the Criminal Code
4 Subsection 141.1(1) of the Criminal Code (penalty)
5 Subsection 141.1(3) of the Criminal Code (penalty)
6 At the end of section 141.1
6(5) At the end of section 141.1
Offence against subsections (1) or (3) by a body corporate is punishable
6(6) At the end of section 141.1
is punishable on conviction by a fine not more than the greatest of the following:
Overlaps with temporal interval defined in Schedule 8
(6) An offence against subsection (1) or (3) committed by a body corporate
Prohibits offence against subsections (1) or (3)
Imposes obligation to punish offence against subsections (1) or (3)
Prohibits punishment for failure to punish offence against subsections (1) or (3)
Recurring trace with temporal interval defined in Schedule 8
Repeal definition of import, substitute with new definition
1 Section 300.2 of the Criminal Code (definition of import)
138 Crimes Legislation Amendment (Serious and Organised Crime) Act
Act No. 4 of 2010 as amended