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