crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.7
Deprive persons of unexplained wealth amounts not derived from certain offences
1 After paragraph 5(b)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.11
Court may order Official Trustee to pay unexplained wealth amount out of property covered by restraining order.
10 At the end of subsection 39(1) (after the note)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.14
Court must make order without notice if DPP requests.
10 Crimes Legislation Amendment (Serious and Organised Crime) Act
Obligation to make order without notice.
Section 45 does not apply to a restraining order made under section 20A.
11 At the end of section 45
This section does not apply to a restraining order made under section 20A during its effective period.
Section 45 excludes restraining orders made under section 20A during its effective period.
The effective period of this section starts at the beginning.
This section does not apply to a restraining order made under section 20A until the end of this section's effective period.
Section 45 excludes restraining orders made under section 20A from being applied until the end of this section's effective period.
The effective period of this section ends at the end.
This section does not apply to a restraining order made under section 20A.
Section 45 excludes restraining orders made under section 20A.
This section applies to all restraining orders.
Section 45 excludes restraining orders made under section 20A from being applied during its effective period.
Section 45 excludes restraining orders made under section 20A until the end of this section's effective period.
12 At the end of Division 6 of Part 2-1
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.16
12 Crimes Legislation Amendment (Serious and Organised Crime) Act
Burden of proof for wealth not derived from offences
12(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may consider information not included in application when making an order.
12(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Section 317 has effect despite subsection (3) of section 12(5)
12(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may refuse to make order if not in public interest.
12(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.12
13 At the end of Chapter 2
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.18
14 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.23
14 After paragraph 202(5)(e)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.24
15 Paragraph 202(5)(f)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.20
An order under this section may relate to more than one of the person's dependants.
16 Crimes Legislation Amendment (Serious and Organised Crime) Act
16 After section 282
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.25
17 Subsections 283(1) and 284(1)
Requires a person to attend court for the purpose of deciding whether to make an unexplained wealth order.
179A Simplified outline of this Part
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.13
179B Making an order requiring a person to appear
Order to appear before court for investigation of unexplained wealth
179B(1) Making an order requiring a person to appear
Application for unexplained wealth order must be supported by affidavit stating identity and suspicions of excessive wealth.
179B(2) Making an order requiring a person to appear
179C Application to revoke a preliminary unexplained wealth order
Person may apply to revoke preliminary unexplained wealth order.
179C(1) Application to revoke a preliminary unexplained wealth order
Application for revocation of preliminary unexplained wealth order must be made within 28 days.
179C(2) Application to revoke a preliminary unexplained wealth order
Remains in force until court revokes order
179C(4) Application to revoke a preliminary unexplained wealth order
Court may revoke preliminary unexplained wealth order on application under subsection (1) if satisfied that there are no grounds, it is in the public interest, or it is otherwise in the interests of justice.
179C(5) Application to revoke a preliminary unexplained wealth order
Obligation to revoke preliminary unexplained wealth order
Obligation to revoke preliminary unexplained wealth order in public interest
Obligation to revoke preliminary unexplained wealth order for other reasons
it is otherwise in the interests of justice to do so
179CA Notice and procedure on application to revoke preliminary
Notice and procedure on application to revoke preliminary
179CA(1) Notice and procedure on application to revoke preliminary
Applicant may appear and adduce material at the hearing of the application.
179CA(2) Notice and procedure on application to revoke preliminary
Applicant has a right to appear and adduce material.
written notice of the application; a copy of any affidavit supporting the application
179CA(3) Notice and procedure on application to revoke preliminary
Application must be made within a specific time frame
Must provide written notice and affidavit
DPP may appear and adduce additional material at the hearing of the application.
179CA(4) Notice and procedure on application to revoke preliminary
179CA(5) Notice and procedure on application to revoke preliminary
Notice and copies of affidavits must be given under subsections (3) and (5) within a reasonable time before the hearing of the application.
179CA(6) Notice and procedure on application to revoke preliminary
The timeframe for providing notice and copies of affidavats is between now and the hearing date
Temporal interval for providing notice and copies of affidavats
(6) The notice and copies of affidavats must be given under subsections (3) and (5) within a reasonable time before the hearing of the application.
The state must provide notice and copies of affidavits within a reasonable time before the hearing of the application.
Duty to provide notice and copies of affidavits
(6) The notice and copies of affidavits must be given under subsections (3) and (5)
The state must provide notice and copies of affidavats within a reasonable time before the hearing of the application
Duty to provide notice and copies of affidavats within a reasonable time before the hearing of the application
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.15
Written notice of revocation to applicant
179D Notice of revocation of a preliminary unexplained wealth
The DPP must give written notice of the revocation.
179E Making an unexplained wealth order
Court may order person to pay amount to Commonwealth if wealth not derived from certain offenses.
179E(1) Making an unexplained wealth order
...if: (a) the court has made a *preliminary unexplained wealth order in relation to the person; and
Wealth derived from certain offenses is between the time of offense and payment.
(a) the court has made a *preliminary unexplained wealth order in relation to the person;
...if: (a) the court has made a *preliminary unexplained wealth order in relation to the person; and (b) the court is not satisfied that the whole or any part of the person’s *wealth was not derived from one or more of the following:
Court has obligation to order payment if wealth not derived from certain offenses.
(1) A court with *proceeds jurisdiction may make an order (an unexplained wealth order) requiring a person to pay an amount to the Commonwealth...
...if: (b) the court is not satisfied that the whole or any part of the person’s *wealth was not derived from one or more of the following:
Court's obligation ends when payment is made.
(b) the court is not satisfied that the whole or any part of the person’s *wealth was not derived from one or more of the following:
Court must specify the amount of unexplained wealth to be paid to the Commonwealth.
179E(2) Making an unexplained wealth order
Defines temporal interval for unexplained wealth calculation
(2) The court must specify in the order that the person is liable to pay...
The court must specify in the order that the person is liable to pay...
179EA Refusal to make an order for failure to give undertaking
Refusal to make order without undertaking on damages/costs
179EA(1) Refusal to make an order for failure to give undertaking
The DPP may give an undertaking on behalf of the Commonwealth.
179EA(2) Refusal to make an order for failure to give undertaking
Court may make order for costs on an indemnity basis if preliminary or unexplained wealth orders are refused.
179EB Costs
179F Ancillary orders
Court may make ancillary orders to an unexplained wealth order.
179F(1) Ancillary orders
Court may make ancillary orders to a preliminary unexplained wealth order.
179F(2) Ancillary orders
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.17
179G Determining unexplained wealth amounts
Defines total wealth for the purposes of this Part
179G(1) Determining unexplained wealth amounts
Defines total wealth as the sum of property values
179G(2) Determining unexplained wealth amounts
Determine the value of disposed property
179G(3) Determining unexplained wealth amounts
Imposes a duty on the state to determine property value
Determine the value of unexplained property amounts
179G(4) Determining unexplained wealth amounts
Imposes a duty on the state to determine property values
Property vests in trustee upon insolvency
179H Effect of property vesting in an insolvency trustee
Property continues to be the person's property
Deduct unexplained wealth amounts from a person's total wealth when determining an unexplained wealth order.
179J Reducing unexplained wealth amounts to take account of
Requires deducting unexplained wealth amounts at a specific time.
Imposes a duty on the state to deduct unexplained wealth amounts.
179K Varying unexplained wealth orders to increase amounts
Court may vary unexplained wealth order to increase amount.
179K(1) Varying unexplained wealth orders to increase amounts
Increase unexplained wealth amount under certain conditions
179K(2) Varying unexplained wealth orders to increase amounts
Value of property deducted from unexplained wealth
179K(3) Varying unexplained wealth orders to increase amounts
The unexplained wealth amount may be increased
an appeal against the amount payable, or against the order, is allowed
The DPP's application may deal with more than one increase to the same unexplained wealth amount.
179K(4) Varying unexplained wealth orders to increase amounts
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.19
179L Relieving certain dependants from hardship
The court must pay a specified amount to a dependent if the unexplained wealth order would cause hardship and the amount relieves that hardship.
179L(1) Relieving certain dependants from hardship
Must not exceed the person's unexplained wealth amount.
179L(2) Relieving certain dependants from hardship
Describes the temporal relationship between the specified amount and the person's unexplained wealth amount.
(2) The specified amount must not exceed the person’s *unexplained wealth amount.
Prohibits exceeding the person's unexplained wealth amount.
DPP may apply for an unexplained wealth order
179M DPP may apply for an unexplained wealth order
179N Notice of application
Notice requirements for unexplained wealth order application
179N(1) Notice of application
Provide written notice and a copy of the application to the person subject to the unexplained wealth order.
179N(2) Notice of application
Obligation to provide notice and application
Must provide a copy of supporting affidavit to the person subject to the unexplained wealth order.
179N(3) Notice of application
Provide copies of notice under subsection (3) within a reasonable time before the hearing.
179N(4) Notice of application
179P Additional application for an unexplained wealth order
Cannot apply for unexplained wealth order against a person with previous application determined on the merits.
179P(1) Additional application for an unexplained wealth order
Prohibition of applying for unexplained wealth order
Previous application determined on the merits
Court must satisfy conditions before giving leave for unexplained wealth order.
179P(2) Additional application for an unexplained wealth order
Court must satisfy conditions before giving leave.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.21
179Q Procedure on application and other notice requirements
Right to appear and adduce evidence at a hearing.
179Q(1) Procedure on application and other notice requirements
Notice requirement for contesting order making
179Q(2) Procedure on application and other notice requirements
DPP may appear and adduce evidence at the hearing.
179Q(3) Procedure on application and other notice requirements
Permission to appear and adduce evidence
179R Enforcement of an unexplained wealth order
Civil debt due by the person to the Commonwealth.
179R(1) Enforcement of an unexplained wealth order
An unexplained wealth order against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth.
179R(2) Enforcement of an unexplained wealth order
There is a relation between the order and the debt.
Establishes a relation between the order and the debt.
The order is made in civil proceedings instituted by the Commonwealth.
The order is a debt due by the person to the Commonwealth.
Classifies the order as a debt due by the person to the Commonwealth.
The obligation to comply with the order is diffused.
Diffuses the obligation to comply with the order.
There is a trace between the order and the debt.
Establishes a trace between the order and the debt.
179R(3) Enforcement of an unexplained wealth order
Enforcement of an unexplained wealth order after death
179R(4) Enforcement of an unexplained wealth order
Requires temporal relation between unexplained wealth order and person's death
179S Property subject to a person’s effective control
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.22
179SA Legal expenses
Court may order specified property not available to satisfy unexplained wealth order for legal expenses.
179SA(1) Legal expenses
Certification that legal expenses have been properly incurred
Court may require certification of proper legal expenses before paying expenses from property covered by an order.
179SA(2) Legal expenses
Court obligation to require certification
179T Amounts exceeding the court’s jurisdiction
Registrar must issue certificate if court makes unexplained wealth order exceeding jurisdiction.
179T(1) Amounts exceeding the court’s jurisdiction
Court must register certificate in a court having jurisdiction with respect to the recovery of debts.
179T(2) Amounts exceeding the court’s jurisdiction
Certificate is enforceable as a final judgment of the court in favour of the Commonwealth.
179T(3) Amounts exceeding the court’s jurisdiction
Obligation to enforce certificate as final judgment.
179U Parliamentary supervision
179U(1) Parliamentary supervision
Committee may require agencies to appear before it and give evidence
179U(2) Parliamentary supervision
Committee must require agencies to appear before it and give evidence
18 Crimes Legislation Amendment (Serious and Organised Crime) Act
18 Subsection 284(2)
Property may be enforced as if it were the person's property.
18(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits enforcement against property as if it were the person's property.
Granting of restraining order in respect of property
18(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
DPP must give written notice of application to person subject to unexplained wealth order and any person with interest in property.
18(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
May appear and adduce evidence at the hearing of the application.
18(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
19 Paragraph 284(2)(a)
Prohibits the omission of certain words.
Omit 'and literary proceeds', substitute ', literary proceeds and unexplained wealth amounts'
2 Paragraph 5(d)
Prohibits omitting 'and literary proceeds'
Requires document for identifying or locating property of a person with suspected excessive wealth.
20 Crimes Legislation Amendment (Serious and Organised Crime) Act
Insertion of section 282A after section 282
20 Subsection 285(1)
Requires document for identifying or locating property.
Restrict property disposal or handling without court order
20A Restraining orders—unexplained wealth
21 Subsection 285(2)(a)
22 Subsection 285(2)(b)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.26
Person's liability under unexplained wealth order is discharged to the extent of credit.
22 Crimes Legislation Amendment (Serious and Organised Crime) Act
Credit money to Confiscated Assets Account in satisfaction of liability under Unexplained Wealth Act
23 At the end of section 286
24 After paragraph 296(3)(f)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.28
24 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit specific words from a penalty order
25 Paragraph 322(1)(c)
26 Subsection 322(1)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.30
26 Crimes Legislation Amendment (Serious and Organised Crime) Act
Appeal against unexplained wealth order or related order
27 After subsection 322(4)
28 Subsection 335(1)
282A Direction by a court to the Official Trustee in relation to
Court may direct Official Trustee to pay Commonwealth from restrained property.
282A(1) Direction by a court to the Official Trustee in relation to
Court direction to Official Trustee regarding unexplained wealth order
282A(2) Direction by a court to the Official Trustee in relation to
...the *restraining order: ...and (b) relates to property that constitutes part of the person’s *total wealth.
Temporal overlap between restraining order and unexplained wealth order
(2) The court that makes the *unexplained wealth order may include...
...property that constitutes part of the person’s *total wealth.
Inclusion of property in unexplained wealth order
Court may direct Official Trustee to take action against person with unexplained wealth order.
282A(3) Direction by a court to the Official Trustee in relation to
Court direction to Official Trustee on unexplained wealth order or restraining order application
282A(4) Direction by a court to the Official Trustee in relation to
States and Territories with jurisdiction to deal with criminal matters on indictment have proceeds jurisdiction for preliminary unexplained wealth orders or unexplained wealth orders.
29 At the end of section 335
States and Territories have jurisdiction to deal with criminal matters on indictment.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.10
Court may exclude property from a restraining order made under section 20A.
29A Court may exclude property from a restraining order made
...exclude specified property from the order if: (a) an application is made under section 30 or 31; and...
The court to which an application for a *restraining order under section 20A was made may...
Court permits exclusion of property from a restraining order.
Court has an obligation to exclude property.
...the court to which an application for a *restraining order under section 20A was made may...
(a) an application is made under section 30 or 31;
3 Paragraph 5(e)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.27
Substitute 'literary proceeds or wealth' for 'or literary proceeds'
30 Section 336
Imposes an obligation on the legislative body
31 Section 336
32 After section 336
Substitute clause in definition of confiscation order
33 Section 338 (definition of confiscation order)
Property or wealth is lawfully acquired if it was and the consideration for it was.
336A Meaning of property or wealth being lawfully acquired
Definition of 'lawfully acquired' affected by section 336A.
34 Section 338
Requires person to appear before court under section 179B.
35 Section 338
Classifies 'unexplained wealth order' as a preliminary order.
36 Section 338 (definition of restraining order)
State offence with a federal aspect has the same meaning as in the Crimes Act 1914.
37 Section 338
State offence with a federal aspect has the same meaning.
Section 3AA of the Crimes Act 1914 sets out when a State offence has a federal aspect.
Defines 'suspect' in relation to restraining orders and confiscation orders.
38 Section 338 (definition of suspect)
Classifies the 'suspect' term into a category.
39 Section 338
Add unexplained wealth orders requiring payment of unexplained wealth amounts.
4 At the end of section 7
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.8
4 Crimes Legislation Amendment (Serious and Organised Crime) Act
Property specified in the application must not be disposed of or otherwise dealt with.
4(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits disposal or other handling of specified property.
grounds on which authorised officer holds suspicions
Affidavit must include grounds for suspicions
4(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Affidavit must be supported by an affidavit
Court may order specified property disposal for meeting legal expenses.
4(3A) Crimes Legislation Amendment (Serious and Organised Crime) Act
4(3B) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may refuse to make restraining order if costs assessor does not certify proper expenses.
4(3C) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court prohibits payment of expenses without certification
Court may refuse restraining order if not in public interest.
4(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Requires payment of unexplained wealth amounts.
40 Section 338
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.29
Definition of 'unexplained wealth order'
41 Section 338
42 Section 338
Add pecuniary penalty order or unexplained wealth order within the meaning of the Proceeds of Crime Act 2002.
43 Subsection 5(1) (at the end of the definition of pecuniary
Adds pecuniary penalty order or unexplained wealth order.
44 Subparagraph 3(2)(a)(ii)
45A Cessation of restraining orders relating to unexplained wealth
Cease restraining order if no application for unexplained wealth order is made within 28 days.
45A(1) Cessation of restraining orders relating to unexplained wealth
Cease to be in force at the end of this time interval
Restraining order was made on or after the start of this time interval.
Suspect is subject to unexplained wealth order
No application for unexplained wealth order has been made within 28 days.
Restraining order made under section 20A.
Cease to be in force if no application for unexplained wealth order is made within 28 days.
Diffuse information about ceasing restraining order
Cease action until new application is made
Cessation of restraining orders relating to unexplained wealth
45A(2) Cessation of restraining orders relating to unexplained wealth
...if: (a) an application for an *unexplained wealth order is made in relation to the *suspect to whom the restraining order relates;
(2) A *restraining order made under section 20A ceases to be in force...
5 After section 20
6 Crimes Legislation Amendment (Serious and Organised Crime) Act
6 Subsection 29(1) (note)
Court may order costs on an indemnity basis if restraining order is refused.
6(4A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court has an obligation to order costs on an indemnity basis.
Court may make a restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
6(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
No property acquired after a court makes a restraining order is covered by the order.
6(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Describes the temporal relationship between acquiring property and making a restraining order.
(6) The court may specify that a *restraining order covers property that is acquired by the *suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.
Prohibits acquiring property after a restraining order is made.
7 After section 29
8 Paragraph 35(1)(a)
8 Crimes Legislation Amendment (Serious and Organised Crime) Act
Ceases to be in force if unexplained wealth order is made or appealed
8(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
(3) A *restraining order made under section 20A ceases to be in force...
Implies cessation of restraining order if unexplained wealth order is made or appealed
Cognizes cessation of restraining order if unexplained wealth order is made or appealed
Court may order costs on an indemnity basis if a restraining order ceases.
8(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court has an obligation to make costs orders.
9 Subsection 39(1) (note)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.31
1 Section 7
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.43
10 Subsection 4(1) (before paragraph (a) of the definition of
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.59
Omit 'Maximum penalty:' from subsection 272(1)
100 Subsection 272(1) (penalty)
Omit 'Maximum penalty:' from subsection 272(2)
101 Subsection 272(2) (penalty)
Omit 'Maximum penalty:' from section heading.
102 Section 273 (penalty)
Prohibits omission of 'Maximum penalty:' from section heading.
Substitute 'A person' for '(1) A person'
103 Subsection 274(1)
Omit 'Maximum penalty:' from subsection 274(1)
104 Subsection 274(1) (penalty)
Omit 'Maximum penalty:' and substitute 'Penalty:'
105 Section 275 (penalty)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.60
Court may revoke restraining order under certain conditions.
106 Subsection 42(5)
Application and transitional provisions for revocation of restraining orders
107 Application and transitional
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.44
There are reasonable grounds to suspect that a person has committed a serious offence.
11 Paragraph 18(1)(d)
Authorised officer suspects suspect committed offence.
12 Paragraph 18(3)(a)
13 At the end of subparagraph 19(1)(d)(ii)
Omit specific clause from terrorism offence provision.
14 Paragraph 19(1)(d)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.46
Court may confirm pecuniary penalty order if satisfied
149 Court may confirm pecuniary penalty order
Court has an obligation to confirm the order
Application of amendments for a restraining order
15 Application of amendments of sections 18 and 19
15A Simplified outline of this Part
The freezing order can be made during certain offences
Freezing order can be made during certain offences
There are grounds to suspect the account balance reflects proceeds or an instrument of certain offences.
The grounds for freezing exist if and only if the account is with a financial institution
Grounds for freezing exist if and only if account is with financial institution
The grounds for freezing exist for all accounts with a financial institution
Grounds for freezing exist for all accounts with financial institution
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.32
15B Making freezing orders
Magistrate must order a financial institution not to allow a withdrawal from an account under certain circumstances.
15B(1) Making freezing orders
...the balance of the account will be reduced so that a person will not be deprived of all or some of such proceeds...
Account balance is subject to freezing order for a specified period.
...unless an order is made under this section, there is a risk that the balance of the account will be reduced...
...a *financial institution not allow a withdrawal...
Magistrate prohibits a financial institution from allowing a withdrawal.
Magistrate has an obligation to order a financial institution not to allow a withdrawal.
Magistrate has permission to order a financial institution not to allow a withdrawal.
Magistrate must order a financial institution to freeze an account under certain circumstances.
Order covers the balance of the account from time to time.
15B(2) Making freezing orders
No finding required for reasonable grounds and satisfaction
15B(3) Making freezing orders
affidavit supporting application made in person
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.33
Application for freezing order must be supported by affidavit of authorised officer
15C Affidavit supporting application made in person
Application must be supported by affidavit
An authorised officer may apply for a freezing order by telephone or other electronic means.
15D Applying for freezing orders by telephone or other electronic
Identifies a part of a larger provision.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.34
15E Making order by telephone etc.
Magistrate must issue freezing order if urgent and delay would frustrate effectiveness.
15E(1) Making order by telephone etc.
telephone, fax or other electronic means
Inform applicant of freezing order terms and signing time.
15E(2) Making order by telephone etc.
Informing applicant is a predicate about the magistrate and applicant
Applicant must complete a form and provide specific information.
15E(3) Making order by telephone etc.
Provide a completed freezing order form to the magistrate within two working days.
15E(4) Making order by telephone etc.
Obligation to provide a completed freezing order form.
affidavit supporting the application and meeting the description in section 15C
Must provide affidavit before freezing order is made.
15E(5) Making order by telephone etc.
Failure to comply with subsection (5) results in the freezing order never having had effect.
15E(6) Making order by telephone etc.
Prohibits non-compliance with subsection (5)
documents provided under subsection (4) and (5)
Attach form of freezing order to documents
15E(7) Making order by telephone etc.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.35
Court must assume freezing order was not duly made unless proved
15F Unsigned freezing orders in court proceedings
Prohibits court from assuming order was made
Court must assume order was made unless proved
Making false statements in applications is an offence.
15G Offence for making false statements in applications
Prohibits making false statements in applications.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.36
15H Offences relating to orders made under section 15E
False statements of magistrate names in documents with freezing orders
15H(1) Offences relating to orders made under section 15E
Document purports to be a form of *freezing order under section 15E
Relates to temporal interval of document creation or issuance
Relates to knowledge representation of document content
Imprisonment for 2 years or 120 penalty units, or both.
Prohibits false statements of magistrate names in documents with freezing orders
Relates to information flow from document creation to issuance
Relates to temporal interval of document validity
Service of unauthorised form of order is prohibited.
15H(2) Offences relating to orders made under section 15E
Presenting a document purporting to be a freezing order under section 15E without approval from a magistrate is an offence.
15H(3) Offences relating to orders made under section 15E
Prohibition of presenting a document purporting to be a freezing order under section 15E without approval from a magistrate.
Giving a false document to a financial institution after obtaining a freezing order is an offence.
15H(4) Offences relating to orders made under section 15E
Prohibits giving a false document to a financial institution after obtaining a freezing order.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.37
15J Service of freezing order etc. on financial institution and
Applicant must serve financial institution and account holders with freezing order
15J(1) Service of freezing order etc. on financial institution and
copy of the order, written statement of name and contact details
Service of freezing order on financial institution and enforcement agency
15J(2) Service of freezing order etc. on financial institution and
Imposes duty on State to serve freezing order
Institution can meet its liabilities despite freezing order
15K Freezing order does not prevent withdrawal to enable financial
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.38
Allowing withdrawal from account with freezing order is prohibited.
15L Offence for contravening freezing orders
Protection from suits for those complying with orders
15M Protection from suits etc. for those complying with orders
15N When a freezing order is in force
Order does not come into force if copy is given after end of first working day
15N(1) When a freezing order is in force
This temporal relation must be greater than or equal to one working day.
Temporal interval between order and institution
The order does not come into force if the copy is given to the institution after the end of the first working day.
The order does not come into force if the copy is given after that time.
Given a freezing order, the institution must not be given a copy of the order after the end of the first working day.
Given a freezing order, the institution must give a copy of the order to itself after the end of the first working day.
Equivalence between obligation and prohibition
This temporal relation must be less than or equal to one working day.
The order comes into force when a copy of the order is given to the institution.
15N(2) When a freezing order is in force
Freezing order cannot specify a period of more than 3 working days.
15N(3) When a freezing order is in force
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.39
15P Order extending a freezing order
Magistrate may extend freezing order period under certain conditions.
15P(1) Order extending a freezing order
Magistrate has the power to extend freezing order period.
15P(2) Order extending a freezing order
Copy of freezing order must be given to financial institution before extension ceases.
15P(3) Order extending a freezing order
Applying provisions to an order extending a freezing order
15P(4) Order extending a freezing order
Affidavit must identify the freezing order
15P(5) Order extending a freezing order
The affidavit must identify the freezing order
Affidavit must contain specific information
Section 15C requires an affidavit supporting an application
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.40
15Q Magistrate may vary freezing order to allow withdrawal to
Allow withdrawal from account to meet certain expenses
15Q(1) Magistrate may vary freezing order to allow withdrawal to
...to meet one or more of the following...
(a) the reasonable living expenses of the person;
...a specified debt incurred in good faith by the person.
(d) a specified debt incurred in good faith by the person.
...the institution may allow a withdrawal from the account...
(1) A magistrate may vary a freezing order...
...the reasonable business expenses of the person;
(c) the reasonable business expenses of the person;
...the reasonable living expenses of any of the dependants of the person;
(b) the reasonable living expenses of any of the dependants of the person;
Magistrate may vary freezing order to allow withdrawal to
15Q(2) Magistrate may vary freezing order to allow withdrawal to
the magistrate is satisfied that the expense or debt does not, nor will not, relate to legal costs that the person has incurred, nor will incur, in connection with proceedings under this Act; or proceedings for an offence against a law of the Commonwealth, a State or a Territory
a person in whose name the account is held has applied for the variation
the person has notified the DPP in writing of the application and the grounds for the application
the magistrate is satisfied that the person cannot meet the expense or debt out of property that is not covered by: a freezing order; or a restraining order; or an interstate restraining order; or a foreign restraining order that is registered under the Mutual Assistance Act
Written notice must be given to financial institution before variation takes effect.
15Q(3) Magistrate may vary freezing order to allow withdrawal to
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.41
15R Application to revoke a freezing order
Application for revocation of a freezing order
15R(1) Application to revoke a freezing order
Written notice of application and grounds for revocation
Notice must be given to the enforcement agency before revocation application can be made.
15R(2) Application to revoke a freezing order
Additional material may be provided to the magistrate relating to the application to revoke a freezing order.
15R(3) Application to revoke a freezing order
Obligation to provide additional material
Magistrate may revoke freezing order if in interests of justice to do so.
15R(4) Application to revoke a freezing order
15S Notice of revocation of a freezing order
Notify financial institution and account holders of revocation of freezing order.
15S(1) Notice of revocation of a freezing order
Imposes a duty on the state to notify financial institution and account holders.
Notifying officer must give notice to applicant for revocation.
15S(2) Notice of revocation of a freezing order
The notifying officer must give notice to the applicant.
Notifying officer need not give notice to the applicant for revocation.
However, the notifying officer need not give notice to the applicant for revocation.
Court must be satisfied that a person engaged in serious offences.
16 Paragraph 47(1)(c)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.45
17 Paragraph 49(1)(d)
Application of amendments of sections 47 and 49
18 Application of amendments of sections 47 and 49
19 Subsection 84(1)
Freezing orders limiting withdrawals from accounts with financial institutions before courts decide applications for restraining orders to cover the accounts.
2 Before paragraph 7(a)
Prohibits freezing orders limiting withdrawals from accounts with financial institutions before courts decide applications for restraining orders to cover the accounts.
20 Subsection 84(2)
Omit section 84(1)(a) and substitute with 84(a)
21 Subsection 85(1)
Substitute a provision in section 84(1)(b) with a new provision 84(b)
22 Subsection 85(2)
23 Subsection 110(1)
24 Subsection 110(2)
25 Subsection 111(1)
26 Subsection 111(2)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.52
Disclosure of information required for obtaining a sworn statement under an order.
266A Disclosure
Requires disclosure of information for obtaining a sworn statement.
27 Subparagraph 116(1)(b)(ii)
Magistrate must ensure balance of account is maintained to prevent deprivation of proceeds or instrument.
28 Crimes Legislation Amendment (Serious and Organised Crime) Act
28 Subsection 116(2)
Magistrate must ensure balance of account is maintained.
Application of amendments of section 116
29 Application of amendments of section 116
Requires temporal relation between commencement and application
Commencement of amendments for pecuniary penalty order
3 Before Part 2-1
30 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal section and substitute with new text.
30 Section 149
all information that would be required in an ordinary application for a *freezing order and supporting affidavit
Application for freezing order must include required information and may be made before affidavit is sworn.
30(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Application must include required information
Magistrate may require communication and further information.
30(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Commencement of section 149 of the Proceeds of Crime Act 2002
31 Application of new section 149
Requires temporal relation between sections
Omits any matter or thing without which the statement is misleading when making an application for a freezing order.
32 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal subparagraphs and substitute with prohibition on engaging in serious offence conduct
32 Subparagraphs 202(5)(a)(ii) and (iii)
Prohibits omitting matter or thing without which the statement is misleading.
Repeal subparagraphs and substitute with proceeds of serious offence or instrument.
33 Subparagraphs 202(5)(c)(ii) and (iii)
34 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.47
34 Subsection 202(6)
Imposes an obligation on the institution
Amendments apply to production orders after commencement
35 Application of amendments of section 202
Requires relation between temporal intervals
Mention of subsection 15B(1) in section 15E(1)
36 Crimes Legislation Amendment (Serious and Organised Crime) Act
Inserts 'or former section 5, 7, 7A or 86 of the Crimes Act 1914' after Criminal Code in definition of serious offence.
36 Section 338 (paragraph (g) of the definition of serious
Insertion of text into a legal definition.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.48
Omit “*terrorism”, substitute “*serious”.
37 Subparagraph 18(2)(d)(ii)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.42
No more than one authorised officer is required to give notice of revocation.
38 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit 'terrorism', substitute '*serious'.
38 Subparagraph 18(3)(b)(iii)
Omit “terrorism”, substitute “*serious”.
39 Subparagraph 19(1)(d)(ii)
Insertion of 'freezing order' after 'for a'
4 Paragraph 337A(1)(a)
40 Crimes Legislation Amendment (Serious and Organised Crime) Act
40 Subparagraph 19(1)(e)(ii)
41 Paragraph 19(2)(b)
42 Crimes Legislation Amendment (Serious and Organised Crime) Act
Amendments apply to applications made on or after commencement.
42 Application of amendments of sections 18 and 19
Omit 'a *terrorism', substitute 'a serious'
43 Subparagraph 29(2)(c)(ii)
44 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit 'any terrorism', substitute 'any serious'
44 Subparagraph 29(2)(c)(ii)
Omit “a *terrorism”, substitute ‘a serious’.
45 Subparagraph 29(2)(d)(ii)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.49
46 Subparagraph 29(2)(d)(ii)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.50
46 Crimes Legislation Amendment (Serious and Organised Crime) Act
47 Paragraph 45(6)(ca)
Amendments apply to restraining orders made after commencement
48 Application of amendments of sections 29 and 45
48 Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may refuse to make forfeiture order under certain conditions.
49 At the end of section 47
Insert *freezing order or after “for a”.
5 Paragraph 337A(2)(a)
Application of new subsection 47(4) to the making of an order on or after its commencement.
50 Application of new subsection 47(4)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.54
50 Crimes Legislation Amendment (Serious and Organised Crime) Act
50(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Exempts certain proceedings from subsection (3)
Prohibition on using a document in evidence against someone who produced or made it available under a production order.
50(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits using the document in evidence.
Exemption from subsection (5) for proceedings under specific sections of the Criminal Code
50(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Granting permission for a specific exemption
Does not affect admissibility of information obtained as an indirect consequence of a disclosure under this section.
50(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Clarifies the scope of subsection 228(2) regarding search warrants.
50(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
Establishes a relation between search warrants and enforcement agencies
Clarifies the scope of subsection 228(2)
Substitute “*serious” for “*terrorism” in subsection 49(1)(c)(iv)
51 Subparagraph 49(1)(c)(iv)
Amendment applies to applications made on or after commencement
52 Application of amendment of subparagraph 49(1)(c)(iv)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.56
Pay Commonwealth an amount equal to the lesser of the amount paid to legal aid commission or value of property covered by restraining order.
52 Crimes Legislation Amendment (Serious and Organised Crime) Act
The obligation applies during the period when the person has property covered by a restraining order.
Obligation to pay Commonwealth an amount equal to the lesser of the amount paid to legal aid commission or value of property covered by restraining order.
Court may refuse to make forfeiture order if not in public interest.
53 At the end of section 49
Court may refuse to make forfeiture order.
Court is satisfied it is not in public interest.
Application of new subsection 49(4) to the making of an order on or after its commencement.
54 Application of new subsection 49(4)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.58
54 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit 'a *terrorism', substitute 'a *serious'
55 Subparagraph 73(1)(c)(ii)
56 Subparagraph 73(1)(c)(ii)
56 Crimes Legislation Amendment (Serious and Organised Crime) Act
57 Subparagraph 73(1)(d)(iii)
58 Subparagraph 85(2)(a)(ii)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.51
Replace terrorism with serious in subsection 85(2)(b)(ii)
59 Subparagraph 85(2)(b)(ii)
6 Section 338
Application of amendments of sections 73 and 85
60 Application of amendments of sections 73 and 85
61 Subparagraph 111(2)(a)(ii)
62 Subparagraph 111(2)(b)(ii)
Amendments of section 111 apply to quashing convictions on or after commencement.
63 Application of amendments of section 111
64 Section 8
Authorises disclosure of information for certain purposes
65 At the end of section 8
List of persons with functions under the Act
66 At the end of subsection 223(4)
67 At the end of Chapter 3
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.55
68 Section 292
69 Subsections 293(1), (2) and (3)
Legal aid commission must pay costs for certain representations.
69(1) Subsections 293(1), (2) and (3)
The legal aid commission has a duty to pay costs.
Pay legal costs to the legal aid commission out of Confiscated Assets Account
69(2) Subsections 293(1), (2) and (3)
Pay legal costs to the legal aid commission out of property covered by the restraining order.
69(2A) Subsections 293(1), (2) and (3)
(2A) If the *Official Trustee is satisfied that: (a) the balance of the *Confiscated Assets Account is insufficient to pay the legal costs; and (b) property of the person is covered by the *restraining order; the Official Trustee must pay the legal costs (according to the bill) to the *legal aid commission out of that property covered by the order, to the extent possible.
Legal costs and legal aid commission expenses overlap in time.
to the legal aid commission out of that property covered by the order, to the extent possible.
Pay legal costs to the legal aid commission.
The Official Trustee must pay legal costs.
the Official Trustee must pay the legal costs (according to the bill) to the *legal aid commission out of that property covered by the order, to the extent possible.
The Official Trustee has an obligation to pay legal costs.
Legal costs are repeatedly paid from the Confiscated Assets Account.
7 Section 338
70 Division 1 of Part 4-4
Amendments apply to costs incurred before or on commencement
71 Application of amendments of Chapter 4
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.57
Omit 'Maximum penalty:' from subsection 37(1)
72 Subsection 37(1) (penalty)
Omit 'Maximum penalty:' from subsection 37(2)
73 Subsection 37(2) (penalty)
Prohibits omission of 'Maximum penalty:'
74 Section 40 (penalty)
Omit “Maximum penalty:”, substitute “Penalty:”.
75 Section 71 (penalty)
76 Section 195 (penalty)
Omit 'Maximum penalty:' from subsection 196(1)
77 Subsection 196(1) (penalty)
78 Section 199 (penalty)
79 Section 200 (penalty)
8 Application
Omit 'Maximum penalty:' from subsection 201(1)
80 Subsection 201(1) (penalty)
81 Section 209 (penalty)
82 Subsection 210(1) (penalty)
Omit 'Maximum penalty:' from subsection 210(2)
83 Subsection 210(2) (penalty)
Omit 'Maximum penalty:' and substitute with 'Penalty:'
84 Subsection 211(1) (penalty)
85 Section 212 (penalty)
86 Section 216 (penalty)
87 Section 217 (penalty)
88 Section 218 (penalty)
Omit 'Maximum penalty:' from section 222.
89 Section 222 (penalty)
Insert 'freezing orders' after 'for' in subsection 21E(4)(a) of the definition of confiscation proceedings.
9 Subsection 21E(4) (paragraph (a) of the definition of
Prohibits inserting 'freezing orders' after 'for'
Omit 'Maximum penalty:' from subsection 223(1)
90 Subsection 223(1) (penalty)
Omit 'Maximum penalty:' from subsection 223(2)
91 Subsection 223(2) (penalty)
Omit 'Maximum penalty:' from subsection 223(3)
92 Subsection 223(3) (penalty)
93 Section 224 (penalty)
94 Section 232 (penalty)
95 Section 233 (penalty)
96 Section 234 (penalty)
97 Section 235 (penalty)
Omit 'Maximum penalty:' from subsection 246(3)
98 Subsection 246(3) (penalty)
99 Section 266 (penalty)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.61
Repeal the definition of ACC authorising officer.
1 Subsection 3(1) (definition of ACC authorising officer)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.62
Repeal Parts and substitute with new Part IAB
10 Parts IAB and IAC
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.104
100 Crimes Legislation Amendment (Serious and Organised Crime) Act
Information about possession of narcotic goods
Law enforcement agencies and individuals must report possession of narcotic goods.
100(2A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must report possession of narcotic goods
Identify the law enforcement agency of which the person is an officer if they are a law enforcement officer.
100(2B) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must identify the law enforcement agency.
Identifying a person by assumed name or code is permitted if it can be matched to the person's identity.
100(2C) Crimes Legislation Amendment (Serious and Organised Crime) Act
A register kept under this section is not a legislative instrument.
100(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.106
102 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.108
104 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.110
106 Crimes Legislation Amendment (Serious and Organised Crime) Act
Ombudsman must give information to authority under certain conditions.
106(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Ombudsman may receive information from State or Territory inspecting authority
106(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.112
Acquire an assumed identity, means acquire evidence of the assumed identity and includes taking steps towards acquiring evidence of the identity.
108 Crimes Legislation Amendment (Serious and Organised Crime) Act
Includes taking steps towards acquiring evidence of the identity.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.162
Court discretion not limited by this Part in admitting or excluding evidence
11 Relationship to other laws and matters
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.114
Request for production of evidence of assumed identity from a Commonwealth government issuing agency is an obligation.
110 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.116
112 Crimes Legislation Amendment (Serious and Organised Crime) Act
Classifies 'use an assumed identity' as a prohibited action.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.118
Chief officer may require additional information from applicant.
114 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.120
116 Crimes Legislation Amendment (Serious and Organised Crime) Act
Authority to use assumed identity in foreign country is conditional on satisfaction of reasonable necessity.
116(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
The authority to use the assumed identity in a foreign country is conditional on satisfaction of reasonable necessity.
Separate authority required for each assumed identity.
116(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
An authority is not a legislative instrument.
116(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
No, an authority is not a legislative instrument.
An authority is a legislative instrument.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.122
118 Crimes Legislation Amendment (Serious and Organised Crime) Act
Chief officer must give written notice of variation or cancellation to authorised person and supervisor.
118(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Authority must state reason for variation or cancellation of notice.
118(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
The authority must state the reason for varying or cancelling the notice.
Variation or cancellation of authority takes effect on specified day
118(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
A variation of an authority is not a legislative instrument.
118(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.163
Participant not criminally responsible for Commonwealth offence if conduct was authorized and met certain conditions.
12 Protection from criminal responsibility for conduct
The conduct must occur before or at the same time as the commencement of the operation.
The conduct must overlap with the commencement of the operation.
(1) This item applies to a participant in an operation authorised under a State controlled operations law if:
The participant is not criminally responsible if they meet these conditions.
Participant has an obligation to comply with conditions.
The participant engaged in conduct, whether before, on or after commencement, in the course of, and for the purposes of, the operation.
The participant is permitted to engage in conduct that meets these conditions.
Participant has permission to engage in conduct if it meets certain conditions.
(2) Despite any other law of the Commonwealth, the participant is not criminally responsible for the Commonwealth offence, if:
The conduct must occur repeatedly over time.
(b) The participant engaged in conduct, whether before, on or after commencement, in the course of, and for the purposes of, the operation;
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.124
Chief officer must apply for order to cancel entry within 28 days.
120 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.126
122 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.128
Duty to meet requirements under regulations
124 Crimes Legislation Amendment (Serious and Organised Crime) Act
...any requirements prescribed under the regulations have been met.
Requirements are met during authorized activity
(a) the thing is done in the course of acquiring or using an assumed identity in accordance with the authority; and (b) the thing is done: ...
Permission to meet requirements without obligation
Requirements are met until authorized activity ends
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.130
126 Crimes Legislation Amendment (Serious and Organised Crime) Act
126(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Requires relation between identifiable temporal intervals
Transfer of authority control at a specific time
Control of authority not transferred until supervisor appointed.
126(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Authority control transfer depends on supervisor appointment.
Chief officer must vary authority in accordance with section 15KE.
126(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide information about supervisor's name.
Control of an authority must not be transferred under this section if certain conditions are met.
126(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.132
128 Crimes Legislation Amendment (Serious and Organised Crime) Act
Request must state it is a request under this section.
128(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Request for entry in a register of births, deaths or marriages is prohibited.
128(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits making a request for an entry in a register of births, deaths or marriages.
Item 12 does not apply to certain conduct authorized under Commonwealth or State laws.
13 Effect of item 12 on other laws relating to criminal
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.134
Omit references to State or Territory offences.
130 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.136
A defendant bears an evidential burden in relation to the matters in subsection (4)
132 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.138
134 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.140
Defines senior officer positions across various agencies.
136 Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines the scope of senior officer positions.
Classifies senior officers by agency and position.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.142
Defines terms related to witness identity protection certificates and court proceedings.
138 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.164
Protection from criminal responsibility for certain ancillary conduct
14 Protection from criminal responsibility for certain ancillary
Person is not criminally responsible for ancillary conduct
Obligation to protect from criminal responsibility
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.144
Restrictions on disclosure of evidence and proceedings
140 Crimes Legislation Amendment (Serious and Organised Crime) Act
(c) the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;
Temporal relationship between restricted activities
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.146
142 Crimes Legislation Amendment (Serious and Organised Crime) Act
Chief officer must make reasonable enquiries to ascertain required information.
142(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Chief officer MUST make reasonable enquiries.
Chief officer must obtain statutory declaration from operative before issuing certificate.
142(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Cannot appeal against, review, quash or invalidate a decision to give a witness identity protection certificate.
142(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Does not prevent questioning of identity protection certificate in disciplinary proceedings.
142(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Excludes exclusion from disciplinary proceedings.
A witness identity protection certificate is prima facie evidence of its contents.
142(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
is prima facie evidence of the matters in the certificate;
The certificate is valid during a specific time period.
(6) A witness identity protection certificate purporting to be issued under subsection (1):
must be taken to be such a certificate and to have been properly issued;
The certificate is taken to be properly issued.
The certificate is prima facie evidence.
A witness identity protection certificate is not a legislative instrument.
142(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits witness identity protection certificates from being legislative instruments.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.148
144 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.150
Witnesses and persons involved in proceedings cannot disclose operative's identity or location.
146 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits disclosure of operative's identity or location.
Classifies individuals involved in proceedings as persons who must not disclose operative's identity or location.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.152
148 Crimes Legislation Amendment (Serious and Organised Crime) Act
Court may make order to protect operative's identity or prevent disclosure of location.
148(10) Crimes Legislation Amendment (Serious and Organised Crime) Act
Engaging in conduct that contravenes an order made under subsections (8), (9) or (10) is a crime.
148(11) Crimes Legislation Amendment (Serious and Organised Crime) Act
The crime overlaps with the order in time.
Defines the temporal overlap between the crime and the order.
(11) A person commits an offence if: (a) an order has been made under subsection (8), (9) or (10); and (b) the person engages in conduct; and (c) the conduct contravenes the order.
Prohibits conduct that contravenes an order.
The individual is obligated to comply with the order.
Imposes an obligation on individuals to comply with the order.
Defines the repeating nature of the crime.
Court's power to punish for contempt is not limited by subsection (11)
148(12) Crimes Legislation Amendment (Serious and Organised Crime) Act
Definition of 'person involved in the proceeding'
148(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Grant leave for party or lawyer to do anything mentioned in paragraph (2)(a)
148(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court must be satisfied about evidence before giving leave or making an order regarding operative's credibility.
148(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Application must be heard in the absence of a jury.
148(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Duty to hear application in the absence of a jury.
Court must be closed during proceedings.
148(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Court must suppress publication of certain information.
148(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
(8) The court must make an order suppressing the publication of anything said when...
Publication of court transcript is prohibited without court order.
148(9) Crimes Legislation Amendment (Serious and Organised Crime) Act
...but the court may make an order suppressing its publication.
A document purporting to be an authority granted under a State controlled operations law is admissible in any legal proceedings.
15 Evidence of authorities
The document is admissible in any legal proceedings.
Admission of the document as evidence in legal proceedings.
The document purports to be an authority granted under a State controlled operations law.
The person granting the authority was satisfied of the facts they were required to be satisfied of.
Proof of the facts required to grant the authority.
In the absence of evidence to the contrary, the document is proof in any proceedings.
The person granting the authority is authorized to grant the authority.
Authorization of the person granting the authority.
The document is admissible in any legal proceedings if it purports to be an authority granted under a State controlled operations law.
Implication of the document's authenticity on its admissibility.
If the document purports to be an authority granted under a State controlled operations law, then it is admissible in any legal proceedings.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.154
Court must allow person or legal representative to appear and be heard if joined as respondent.
150 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.156
152 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.158
154 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.160
Prohibition of disclosure of operative's identity
156 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits disclosure of operative's identity
158 Crimes Legislation Amendment (Serious and Organised Crime) Act
Exempts law enforcement officers and certain other persons from criminal liability and civil liability in the course of a controlled operation.
15G Objects of Part
Law enforcement officers and certain other persons are exempt from criminal liability and civil liability.
Law enforcement officers are permitted to engage in the commission of a Commonwealth offence or an offence against a law of a State or Territory without liability.
Permits law enforcement officers and certain other persons to engage in activities without liability
The exemption permits law enforcement officers who take an active part in a controlled operation to engage in the commission of a Commonwealth offence or an offence against a law of a State or Territory.
Law enforcement officers have an obligation to take part in controlled operations.
Imposes an obligation on law enforcement officers and certain other persons to take part in controlled operations
The exemption requires law enforcement officers who take an active part in a controlled operation to engage in the commission of a Commonwealth offence or an offence against a law of a State or Territory.
Law enforcement officers have the right to engage in the commission of a Commonwealth offence or an offence against a law of a State or Territory without liability.
Grants law enforcement officers and certain other persons the right to engage in activities without liability
The exemption grants law enforcement officers who take an active part in a controlled operation the right to engage in the commission of a Commonwealth offence or an offence against a law of a State or Territory.
The exemption is established for law enforcement officers and certain other persons under specific conditions.
Establishes the scope and conditions of exemption
The exemption applies to law enforcement officers who take an active part in a controlled operation and certain other persons who follow instructions from a law enforcement officer.
15GA Relationship to other laws and matters
Court discretion not limited by this Part
15GA(1) Relationship to other laws and matters
Disregard evidence obtained from criminal activity under certain conditions.
15GA(2) Relationship to other laws and matters
The criminal activity was conduct constituting an offence for which a person would, but for section 15HH, be criminally responsible.
Temporal overlap between controlled operations and criminal activities
(ii) the person was a participant in an operation authorized under a corresponding State controlled operations law acting in the course of that operation...
The fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded...
Exclusion of evidence based on criminal activity
(2) In determining whether evidence should be admitted or excluded in any proceedings...
The fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if... (i) the person was a participant in a controlled operation authorized under this Part acting in the course of the controlled operation; and (ii) the criminal activity was controlled conduct.
Inclusion of certain conditions in the exclusion of evidence
(a) both: ComLaw Authoritative Act C2012C00115...
The fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if... (i) the person was a participant in an operation authorized under a corresponding State controlled operations law acting in the course of that operation; and (ii) the criminal activity was conduct constituting an offence for which a person would, but for section 15HH, be criminally responsible.
(b) both: ComLaw Authoritative Act C2012C00115...
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.63
Concurrent operation of State and Territory laws
15GB Concurrent operation of State and Territory laws
15GC Definitions
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.66
15GD Meaning of controlled operation and major controlled
Defines controlled operation and major controlled.
15GD(1) Meaning of controlled operation and major controlled
Describes when a controlled operation begins and ends.
Note: Section 15GN specifies when a controlled operation begins and ends.
(1) A controlled operation is an operation that:
15GD(2) Meaning of controlled operation and major controlled
...or (b) continue for more than 3 months;
Specifies the duration of a major controlled operation
Defines the scope of a major controlled operation
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.67
15GE Meaning of serious Commonwealth offence and serious State
15GE(1) Meaning of serious Commonwealth offence and serious State
(b) is punishable on conviction by imprisonment for a period of 3 years or more.
Serious Commonwealth offence has a specific duration
(1) For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that:
(a) involves a matter mentioned in subsection (2); and (b) is punishable on conviction by imprisonment for a period of 3 years or more.
Serious Commonwealth offence has a specific definition
Serious Commonwealth offence has a specific scope
List of serious Commonwealth offences and serious State offences
15GE(2) Meaning of serious Commonwealth offence and serious State
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.69
15GF Meaning of authorising officer etc.
Any of the following is an authorising officer for a controlled operation.
15GF(1) Meaning of authorising officer etc.
The Commissioner or a Deputy Commissioner during the investigation of the offence.
The investigation of the offence to which the controlled operation relates is within the functions of the Australian Federal Police.
(a) if the operation is a major controlled operation and the investigation of the offence to which the controlled operation relates is within the functions of the Australian Federal Police—the Commissioner or a Deputy Commissioner;
The Commissioner or a Deputy Commissioner, or any AFP authorising officer, or any ACC authorising officer, or any ACLEI authorising officer.
(1) Any of the following is an authorising officer for a controlled operation:
15GF(2) Meaning of authorising officer etc.
The Commissioner, a Deputy Commissioner, or a senior executive AFP employee is an AFP authorising officer.
Identifies the temporal interval during which the obligation applies
(2) The following are AFP authorising officers:
Defines who is an ACC authorising officer.
15GF(3) Meaning of authorising officer etc.
and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.
Specifies the temporal relationship between the Chief Executive Officer and other staff members.
(b) a member of the staff of the ACC who is an SES employee
The following are ACC authorising officers:
Identifies the subject of the obligation.
Describes the relationship between staff members and the Chief Executive Officer.
15GF(4) Meaning of authorising officer etc.
During this time, ..., (b) the Assistant Integrity Commissioner;
Defines time period for ACLEI authorising officers
(4) The following are ACLEI authorising officers:
ACLEI authorising officers: ..., (b) the Assistant Integrity Commissioner;
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.70
15GG Minister may nominate AAT members
15GG(1) Minister may nominate AAT members
Must nominate AAT members with specific qualifications
15GG(2) Minister may nominate AAT members
Minister has power to nominate AAT members
Minister must withdraw nomination if ceases to hold appointment or by writing.
15GG(3) Minister may nominate AAT members
Minister has an obligation to withdraw nomination.
Protection and immunity for nominated Tribunal members
15GG(4) Minister may nominate AAT members
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.71
15GH Applications for authorities to conduct controlled operations
Application for authority to conduct controlled operation
15GH(1) Applications for authorities to conduct controlled operations
Application method for authorities to conduct controlled operations
15GH(2) Applications for authorities to conduct controlled operations
The key can be made at any time before the controlled operation
Application can be made at any time before the controlled operation
The delay caused by making a formal application may affect the success of the controlled operation
An application may be made by means of a written document or orally, in person, or by telephone
An application may be made for an authority to conduct a controlled operation
An application is a formal application if it is signed by the applicant
The key is part of an urgent application
An application is an urgent application if it is made orally, in person, or by telephone
The key must be made before the controlled operation starts
Application must be made before the controlled operation starts
The success of the controlled operation depends on making an application
Application for authority must be formal if previous application exists.
15GH(3) Applications for authorities to conduct controlled operations
sufficient information, earlier application details, proposed period of effect
Application requirements for controlled operations
15GH(4) Applications for authorities to conduct controlled operations
Application must provide required information
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.72
15GI Determination of applications
Authorise controlled operation with conditions or without
15GI(1) Determination of applications
Grant authority with conditions or without
Authorising officer considers application and additional information
Authorising officer must not grant authority to conduct controlled operation unless certain conditions are met.
15GI(2) Determination of applications
Prohibition on granting authority unless conditions are met.
Authorising officer must authorise controlled operation within specific meaning.
15GI(3) Determination of applications
(3) To avoid doubt, an authorising officer may authorise a particular controlled operation only if he or she is an authorising officer for the controlled operation within the meaning of section 15GF.
Authority granted under this section is not a legislative instrument.
15GI(4) Determination of applications
(4) An authority granted under this section is not a legislative instrument.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.73
Authority to conduct a controlled operation may be granted by means of a written document, oral communication, or telephone.
15GJ Manner of granting authority
Authority to conduct a controlled operation may be granted.
Excerpt describes authority to conduct a controlled operation.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.74
15GK Form of authority
15GK(1) Form of authority
Authority must be granted by a principal law enforcement officer
Authority must provide specific details about the operation.
15GK(2) Form of authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.76
Authorising officer must issue written record of urgent authority within 7 days.
15GL Written record of urgent authority must be issued
Must provide written record of urgent authority
Authorising officer may nominate another person as principal law enforcement officer.
15GM Change of principal law enforcement officer
15GN Commencement and duration of authorities
Commencement and duration of authorities
15GN(1) Commencement and duration of authorities
Clarifies commencement and duration of urgent authorities.
15GN(2) Commencement and duration of authorities
15GN(3) Commencement and duration of authorities
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.77
15GO Variation of authority by appropriate authorising officer
Authority may be varied by authorising officer.
15GO(1) Variation of authority by appropriate authorising officer
Variation of authority by appropriate authorising officer
15GO(2) Variation of authority by appropriate authorising officer
15GO(3) Variation of authority by appropriate authorising officer
Temporal relation between variation and urgent authority
(3) A variation cannot be made that has the effect of extending the period of effect of an urgent authority.
Prohibition of extending urgent authority period
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.78
15GP Application to appropriate authorising officer
Permits application for variation of authority to an appropriate authorising officer.
15GP(1) Application to appropriate authorising officer
(1) The principal law enforcement officer for a controlled operation, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply under this section to an appropriate authorising officer for a variation of an authority in respect of a matter mentioned in subsection 15GO(2).
No application for variation can extend the period of effect beyond 3 months.
15GP(2) Application to appropriate authorising officer
Prohibition on extending the period of effect beyond 3 months.
15GP(3) Application to appropriate authorising officer
Multiple applications for variation under section can be made.
15GP(4) Application to appropriate authorising officer
Must state earlier urgent variation application details
15GP(5) Application to appropriate authorising officer
Application must state proposed period of extension not exceeding 3 months.
15GP(6) Application to appropriate authorising officer
Authorising officer may require applicant to provide information.
15GP(7) Application to appropriate authorising officer
May impose obligation on the authorising officer.
Applicant must make a written record and give it to the authorising officer.
15GP(8) Application to appropriate authorising officer
Must provide a written record and give it to the authorising officer.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.79
15GQ Requirements for variation of authority
Authorising officer may vary authority subject to conditions or refuse application.
15GQ(1) Requirements for variation of authority
15GQ(2) Requirements for variation of authority
An appropriate authorising officer must not vary an authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.81
15GR Manner of varying authority
Authority may be varied by an appropriate authorising officer.
15GR(1) Manner of varying authority
Authorising officer must provide written document to applicant or principal law enforcement officer.
15GR(2) Manner of varying authority
Variation of authority must identify controlled operation, person varying authority, and application details.
15GS Form of variation of authority
Authority variation must relate to a specific controlled operation.
(1) A variation of an authority by an appropriate authorising officer (whether formal or urgent) must: (a) identify the controlled operation to which the authority relates; and (b) state the name and rank or position of the person varying the authority;
Must provide specific information for authority variation.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.82
15GT Variation of formal authority to extend period of effect
Authority to vary formal authority on application
15GT(1) Variation of formal authority to extend period of effect
Variation of formal authority to extend period of effect
15GT(2) Variation of formal authority to extend period of effect
Requires a relation between identifiable temporal intervals
Maximum extension period for formal authority
15GT(3) Variation of formal authority to extend period of effect
The extension period is less than or equal to a certain point in time
Extension period must be less than or equal to a certain point in time
(a) 3 months; and (b) a period that would result in the period of effect of the authority exceeding 24 months
The extension period must be less than or equal to 24 months
Period of effect must not exceed 24 months
The extension period must be less than or equal to 3 months
The extension period is less than or equal to a certain value
Extension period must be less than or equal to a certain value
The extension period is less than or equal to a certain interval
Extension period must be less than or equal to a certain interval
May only vary formal authority within 2 weeks before the end of its period of effect.
15GT(4) Variation of formal authority to extend period of effect
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.83
15GU Application to nominated Tribunal member
Application for variation of authority period
15GU(1) Application to nominated Tribunal member
No application can be made for a variation extending the period of effect beyond 24 months.
15GU(2) Application to nominated Tribunal member
Prohibition on extending the period of effect beyond 24 months.
15GU(3) Application to nominated Tribunal member
Prohibition on making multiple urgent variation applications without formal variation application.
15GU(4) Application to nominated Tribunal member
...the next application must be a formal variation application.
Prohibition on multiple urgent variation applications.
(4) More than one application for a variation under this section may be made...
Details of earlier urgent variation application
Application for variation must state earlier urgent variation application details
15GU(5) Application to nominated Tribunal member
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.84
15GV Determination of application
Tribunal member may vary formal authority subject to conditions or refuse application.
15GV(1) Determination of application
Grant variation only under specified conditions
15GV(2) Determination of application
The variation must occur before the suspected criminal activity begins
Variation can only be granted before suspected criminal activity begins
...that a serious Commonwealth offence or a serious State offence that has a federal aspect...
The nominated Tribunal member must not grant the variation unless...
Tribunal member must satisfy conditions before granting variation
The Tribunal member must ensure the maximum extent of illicit goods control
Tribunal member must ensure maximum extent of illicit goods control
...that the operation will be conducted in a way that ensures...
The Tribunal member must ensure reporting requirements are complied with
Tribunal member must ensure reporting requirements are complied with
...that the proposed controlled conduct will be capable of being accounted for...
The variation must occur before the unlawful conduct begins
Variation can only be granted if conditions are met
...that any unlawful conduct involved in conducting the controlled operation...
A variation is not a legislative instrument.
15GV(3) Determination of application
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.85
Nominated Tribunal member may vary formal authority
15GW Manner of varying formal authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.86
15GX Form of variation of formal authority
15GX(1) Form of variation of formal authority
(1) A variation of a formal authority by a nominated Tribunal member...
Extension period must not exceed 24 months or specified time frames
15GX(2) Form of variation of formal authority
15GY Cancellation of authorities
Cancel the authority to conduct a controlled operation at any time and for any reason.
15GY(1) Cancellation of authorities
Prohibits the authority to conduct a controlled operation.
Principal law enforcement officer may request cancellation of authority.
15GY(2) Cancellation of authorities
Cancellation of authority takes effect at specified time.
15GY(3) Cancellation of authorities
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.87
15GZ Effect of authorities
Authorises law enforcement participants to engage in controlled conduct.
15GZ(1) Effect of authorities
Person authorized to engage in controlled conduct for the period of effect of the authority.
15GZ(2) Effect of authorities
Person has obligation to engage in controlled conduct for the specified period.
Person has obligation to engage in controlled conduct.
(2) A person identified in an authority as being authorised to engage in controlled conduct for the purposes of the controlled operation is authorised to do so for the period of effect of the authority, unless: (a) the authority specifies a shorter period during which the person is so authorised; or (b) the authority is varied to provide that the person is no longer so authorised; or (c) the authority is cancelled before the end of that period.
Authority cannot delegate controlled conduct to others.
15GZ(3) Effect of authorities
cannot be delegated to any other person.
(3) The authority to engage in controlled conduct given to a participant
An application for an authority or variation of an authority is not invalidated by any defect, other than a defect that affects the application, authority or variation in a material part.
15H Defect in authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.88
15HA Protection from criminal responsibility for controlled conduct
Participant in controlled operation must comply with Commonwealth/State law.
15HA(1) Protection from criminal responsibility for controlled conduct
Participant must comply with authority to conduct controlled operation.
15HA(2) Protection from criminal responsibility for controlled conduct
(a) the participant engages in the conduct in accordance with the authority to conduct the controlled operation;
Participant is authorized to engage in controlled conduct.
(b) the participant is identified in the authority as a person authorised to engage in controlled conduct for the purposes of the controlled operation;
Participant must not induce a Commonwealth offence or an offence under a law of a State or Territory.
(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence under a law of a State or Territory that the person would not otherwise have intended to commit;
Participant must not engage in conduct likely to cause death or serious injury.
(d) the conduct does not involve the participant engaging in any conduct that is likely to: (i) cause the death of, or serious injury to, any person; or (ii) involve the commission of a sexual offence against any person;
Participant must act in accordance with law enforcement officer instructions.
(e) if the participant is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement officer.
The Commonwealth must indemnify a participant in a controlled operation against any civil liability.
15HB Indemnification of participants against civil liability
The Commonwealth has an obligation to indemnify a participant.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.89
15HC Effect of sections 15HA and 15HB on other laws relating to
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.90
15HD Effect of being unaware of variation or cancellation of
Continue to apply despite variation in authority scope
15HD(1) Effect of being unaware of variation or cancellation of
Variation in authority scope does not affect obligation
Continues to apply despite variation in temporal scope
Continue to apply despite cancellation of authority
15HD(2) Effect of being unaware of variation or cancellation of
(2) If an authority to conduct a controlled operation is cancelled...
Be aware of substantial risk that authority has not been varied or cancelled.
15HD(3) Effect of being unaware of variation or cancellation of
15HE Protection from criminal responsibility for certain ancillary
15HE(1) Protection from criminal responsibility for certain ancillary
Belief of innocence from ancillary conduct excused criminal responsibility
15HE(2) Protection from criminal responsibility for certain ancillary
Temporal overlap between belief and ancillary conduct
15HE(3) Protection from criminal responsibility for certain ancillary
Applies to explicit class/type/subclass hierarchies
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.91
15HF Compensation for property loss or serious damage
Compensation for property loss or serious damage
15HF(1) Compensation for property loss or serious damage
15HF(2) Compensation for property loss or serious damage
Notification requirements for loss of or damage to property and personal injury during controlled operations.
15HG Notification requirements
Defines a temporal interval for notification.
(1) If any loss of or serious damage to property occurs...
Represents the obligation as a knowledge representation.
Imposes an obligation on the state to notify in certain circumstances.
Defines a recurring trace for notification.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.93
15HH Protection from criminal responsibility for conduct under a
Participant in a Commonwealth operation must comply with the law.
15HH(1) Protection from criminal responsibility for conduct under a
Temporal relationship between participant engagement and operation.
(b) engaging in that conduct is a Commonwealth offence.
(1) This section applies to a participant in an operation authorised under a corresponding State controlled operations law if:
Participant must act in accordance with instructions of law enforcement officer.
15HH(2) Protection from criminal responsibility for conduct under a
The participant's actions overlap with the law enforcement officer's instructions.
Participant's actions overlap with law enforcement officer's instructions.
(d) if the person is a civilian participant in the operation—he or she acts in accordance with the instructions of a law enforcement officer.
The participant's actions imply compliance with the instructions.
Participant's actions imply compliance with instructions.
The participant must act in accordance with the instructions.
Participant has an obligation to act in accordance with instructions.
The participant's actions diffuse to other participants.
Participant's actions diffuse to other participants.
Same meanings as in corresponding State controlled operations law
15HH(3) Protection from criminal responsibility for conduct under a
Section 15HH does not apply to certain laws relating to criminal investigation.
15HI Effect of section 15HH on other laws relating to criminal
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.94
15HJ Protection from criminal responsibility for certain ancillary
15HJ(1) Protection from criminal responsibility for certain ancillary
Belief of authorized conduct protects against ancillary offense
15HJ(2) Protection from criminal responsibility for certain ancillary
(2) Despite any law of the Commonwealth, the person who engaged in the ancillary conduct is not criminally responsible for the ancillary offence if, at the time the person engaged in the ancillary conduct, he or she believed the related conduct was being engaged in, or would be engaged in, by a participant in an operation authorised under a corresponding State controlled operations law.
15HJ(3) Protection from criminal responsibility for certain ancillary
15HK Unauthorised disclosure of information
Disclosing controlled operation information is an offence.
15HK(1) Unauthorised disclosure of information
Prohibits disclosure of controlled operation information.
Disclosure of information is permitted under certain conditions.
15HK(2) Unauthorised disclosure of information
Disclosure of information to Ombudsman or Integrity Commissioner is permitted under certain conditions.
15HK(3) Unauthorised disclosure of information
Permission granted for disclosure under specified conditions.
discloser informs the person to whom the disclosure is made of the discloser’s identity before making the disclosure
Justification for permissible disclosure under specified conditions.
discloser makes the disclosure in good faith
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.95
Unauthorised disclosure of information—endangering safety
15HL Unauthorised disclosure of information—endangering safety,
Prohibits disclosure of information endangering safety
Disclosing information relating to a controlled operation
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.97
15HM Chief officers’ 6 monthly reports to Ombudsman and
Chief officers must submit reports to the Ombudsman.
15HM(1) Chief officers’ 6 monthly reports to Ombudsman and
Report must include specific details about formal authorities and applications.
15HM(2) Chief officers’ 6 monthly reports to Ombudsman and
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.100
15HN Chief officers’ annual reports to Minister and Ombudsman
Chief officers must submit annual reports to the Minister and Ombudsman.
15HN(1) Chief officers’ annual reports to Minister and Ombudsman
Chief officers must advise the Minister of information to be excluded from reports.
15HN(2) Chief officers’ annual reports to Minister and Ombudsman
The chief officer must provide information.
Chief officers must advise the Minister.
chief officer has a duty to advise the Minister.
Minister must exclude information from report on chief officer's advice.
15HN(3) Chief officers’ annual reports to Minister and Ombudsman
Minister must exclude information from report.
Minister has a duty to exclude information from report.
Chief officer advises Minister to exclude information.
Report cannot disclose information that identifies a person involved in an operation.
15HN(4) Chief officers’ annual reports to Minister and Ombudsman
Annual reports must include particulars of a controlled operation when completed.
15HN(5) Chief officers’ annual reports to Minister and Ombudsman
Must send copy of report to State or Territory Minister with responsibility for corresponding law.
15HN(6) Chief officers’ annual reports to Minister and Ombudsman
Must provide report to Ombudsman at the same time as Minister.
15HN(7) Chief officers’ annual reports to Minister and Ombudsman
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.101
15HO Annual report by Ombudsman
The Ombudsman must prepare and provide reports to the Minister and ACC.
15HO(1) Annual report by Ombudsman
Annual report by Ombudsman must not include sensitive information.
15HO(2) Annual report by Ombudsman
Prohibition on reporting sensitive information
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.102
The chief officer of an authorising agency must keep certain documents.
15HP Keeping documents connected with controlled operations
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.103
15HQ General register
Chief officer must cause a general register to be kept.
15HQ(1) General register
Specify general register details for applications and authorities.
15HQ(2) General register
Specify date range for applications and authorities
(i) the date of the application; and (ii) whether the application was formal or urgent;
(ii) whether the authority was formal or urgent; and (iii) the name and rank or position of the person who granted the authority;
(iv) each serious Commonwealth offence or serious State offence that has a federal aspect in respect of which controlled conduct under the authority was to be engaged in;
Specify authority details with recursive relation
(b) for each authority under this Part granted by an authorising officer of the agency:
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.105
15HR Appointment of inspecting officers
The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers.
15HR(1) Appointment of inspecting officers
Appointment under subsection (1) must be in writing.
15HR(2) Appointment of inspecting officers
15HS Inspection of records by the Ombudsman
The Ombudsman must inspect records of authorising agencies at least once every 12 months.
15HS(1) Inspection of records by the Ombudsman
The Ombudsman must inspect records of the ACC every 12 months.
15HS(2) Inspection of records by the Ombudsman
Ombudsman may enter premises, access records, and require staff information.
15HS(3) Inspection of records by the Ombudsman
Chief officer must assist Ombudsman with records inspection.
15HS(4) Inspection of records by the Ombudsman
No obligation to inspect records not completed at the time of inspection.
15HS(5) Inspection of records by the Ombudsman
Incomplete records and inspection are disjoint temporal intervals.
(5) Nothing in this section requires the Ombudsman to inspect records relating to operations that have not been completed at the time of the inspection.
No cognitive processing required for incomplete records and inspection.
Excluding incomplete records from inspection.
No diffusion from incomplete records to inspection.
No trace between incomplete records and inspection.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.107
15HT Power to obtain relevant information
Ombudsman can compel law enforcement officer to provide relevant information.
15HT(1) Power to obtain relevant information
The Ombudsman may require law enforcement officers to provide information.
15HT(2) Power to obtain relevant information
The time period is between the specified place and the deadline.
The Ombudsman requires law enforcement officers to give the information to the Ombudsman at a specified place and within a specified period.
The artificial intelligence system is applied to process the information from the law enforcement officer.
The Ombudsman requires law enforcement officers to give the information to the Ombudsman.
Law enforcement officers must provide information.
The information is disseminated from the law enforcement officer to the Ombudsman.
The time interval is between the specified place and the deadline.
The Ombudsman may require a law enforcement officer to attend an inspection.
15HT(3) Power to obtain relevant information
The Ombudsman may require the officer to attend.
The Ombudsman may require a chief officer to attend an inspection.
15HT(4) Power to obtain relevant information
Chief officer must attend within a specified period or time
(4) If the Ombudsman: ... (e) within a specified period or at a specified time on a specified day;
Chief officer must answer questions relevant to the inspection
(4) If the Ombudsman: ... (c) before a specified inspecting officer; and ... (d) at a specified place;
Chief officer has authority to attend inspection
(4) If the Ombudsman: ... (a) has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency is able to give information relevant to an inspection.
Ombudsman may require chief officer to attend inspection
(4) If the Ombudsman: ... (b) does not know the officer’s identity;
Requirement for reasonable time and day in information requests
15HT(5) Power to obtain relevant information
The place, and the period or the time and day...
Refusal to attend before an inspecting officer is prohibited.
15HU Offence
15HV Ombudsman to be given information and access despite other
Must provide information despite other laws or public interest concerns.
15HV(1) Ombudsman to be given information and access despite other
Ombudsman must provide information and access despite other circumstances.
15HV(2) Ombudsman to be given information and access despite other
Obligation to provide information and access.
Agency must provide information and access to inspecting officer for inspection purposes.
15HV(3) Ombudsman to be given information and access despite other
Agency permits inspecting officer access to records.
Agency officer must provide information to a person despite other laws.
15HV(4) Ombudsman to be given information and access despite other
Agency officer must provide information.
Ombudsman must be given information and access despite other provisions.
15HV(5) Ombudsman to be given information and access despite other
Ombudsman must be given prescribed authority information and access.
15HV(6) Ombudsman to be given information and access despite other
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.109
15HW Exchange of information between Ombudsman and State
Definition of State or Territory agency and inspecting authority
15HW(1) Exchange of information between Ombudsman and State
Ombudsman must provide information about State or Territory agency
15HW(2) Exchange of information between Ombudsman and State
15HX Delegation by Ombudsman
15HX(1) Delegation by Ombudsman
Delegate must provide instrument of delegation upon request.
15HX(2) Delegation by Ombudsman
Delegate must provide instrument of delegation.
Ombudsman not liable to action for acts done in good faith
15HY Ombudsman not to be sued
Therefore, the Ombudsman's actions are not liable to action for acts done in good faith as an inspecting officer.
Ombudsman's actions overlap with those of other officers
Therefore, the Ombudsman is not liable to action for acts done in good faith as an inspecting officer.
Therefore, the Ombudsman is not liable to action for acts done in good faith.
Obligation applies to all inspecting officers
A document purporting to be an authority granted under section 15GI is admissible in any legal proceedings.
15HZ Evidence of authorities
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.111
15J Chief Executive Officer of Customs to be notified of certain
Authority granted to Customs if illicit goods involved in operation
15J(1) Chief Executive Officer of Customs to be notified of certain
Notify Chief Executive Officer of Customs of certain information after authority is granted.
15J(2) Chief Executive Officer of Customs to be notified of certain
Failure to comply does not affect authority validity
15J(3) Chief Executive Officer of Customs to be notified of certain
15K Definitions
15KA Application for authority to acquire or use assumed identity
Law enforcement officer may apply for authority to acquire or use assumed identity.
15KA(1) Application for authority to acquire or use assumed identity
Application for authority to acquire or use assumed identity
15KA(2) Application for authority to acquire or use assumed identity
The chief officer of the law enforcement agency contains the applicant.
The chief officer of the law enforcement agency must be informed.
Authority to acquire or use assumed identity
15KA(3) Application for authority to acquire or use assumed identity
The authority is granted during the application period.
(3) An intelligence officer of an intelligence agency may apply to the chief officer of the agency for an authority...
If the application is made, then the authority must be granted.
The artificial intelligence system recognizes the application as valid.
The chief officer of the agency must grant the requested authority.
The information about the application spreads to all relevant parties.
Separate application required for each assumed identity.
15KA(4) Application for authority to acquire or use assumed identity
Application for authority to acquire or use assumed identity must be in writing and contain specific information.
15KA(5) Application for authority to acquire or use assumed identity
15KB Determination of applications
Chief officer may grant authority to acquire or use assumed identity.
15KB(1) Determination of applications
Authority to acquire or use assumed identity may not be granted unless certain conditions are met.
15KB(2) Determination of applications
Prohibition on granting authority to acquire or use assumed identity
Chief officer must be satisfied on reasonable grounds
Supervise acquisition or use of assumed identity by authorised civilian.
15KB(3) Determination of applications
The temporal interval for supervision starts at the appointment by the chief officer.
(3) If an authority is granted for an authorised civilian...
The supervision relation implies an appointment by the chief officer.
The supervision relation is a cognitive action.
The supervision relation is a diffusion relation.
...an officer of the law enforcement agency or the intelligence agency...
The officer appointed as supervisor must meet certain qualifications.
15KB(4) Determination of applications
must be a person who holds the rank of sergeant or an equivalent or higher rank.
The qualifications must be met during the appointment as supervisor.
(4) The officer appointed as supervisor...
must be a person who holds the position, or performs the duties, of a Customs Level 4 officer, or an equivalent or higher position, in Customs.
The qualifications imply that the officer must meet certain criteria.
The qualifications must be met by all officers appointed as supervisor.
The officer must meet the specified qualifications.
Authorise applications for assumed identities in foreign countries
15KB(5) Determination of applications
15KC Form of authority
Authority must be in writing and signed by the person granting it.
15KC(1) Form of authority
(1) An authority must be: (a) in writing in the form approved by the chief officer; and (b) signed by the person granting it.
Authority must be signed by the person granting it
Details of assumed identity, evidence, conditions, and officer names
15KC(2) Form of authority
Must state issuing agencies and conditions for assumed identity use.
15KC(3) Form of authority
Must state issuing agencies and conditions.
Grant of further authorities in relation to an authorised civilian is permitted.
15KC(4) Form of authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.121
15KD Period of authority
Authority remains in force until cancelled under section 15KE.
15KD(1) Period of authority
Authority remains in force until specified end date
15KD(2) Period of authority
The authority remains in force until the end of the period specified...
(2) An authority for an authorised civilian...
Chief officer may vary or cancel authority at any time.
15KE Variation or cancellation of authority
15KF Yearly review of authority
Agency must review authority periodically.
15KF(1) Yearly review of authority
15KF(2) Yearly review of authority
(a) in the case of an authority granted by the chief officer or a delegate of the chief officer of an intelligence agency to an authorised intelligence officer—at least once every 3 years;
(2) A review of an authority under this section is to be conducted:
(b) in all other cases—at least once every 12 months.
Determine whether use of assumed identity is still necessary
15KF(3) Yearly review of authority
15KF(4) Yearly review of authority
he or she must cancel the authority under section 15KE.
(4) If the chief officer is satisfied...
Chief officer must record opinion and reasons for using assumed identity.
15KF(5) Yearly review of authority
Chief officer must record opinion and reasons.
Failure to comply does not invalidate an authority.
15KF(6) Yearly review of authority
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.123
Permits law enforcement agencies and intelligence agencies to apply for an order to make entries in registers of births, deaths or marriages.
15KG Making entries in register of births, deaths or marriages
...for an order that an entry be made in a register of births, deaths or marriages under the relevant law of that jurisdiction in relation to...the acquisition of an assumed identity under an authority or corresponding authority.
Describes temporal relationship between events
...under the relevant law of that jurisdiction in relation to...the acquisition of an assumed identity under an authority or corresponding authority.
...for an order that an entry be made in a register of births, deaths or marriages.
Register of births, deaths or marriages must be updated upon authority ceasing to be in force.
15KH Effect of authority ceasing to be in force on register of births,
Mandatory duty on the state to update registers.
15KI Request for evidence of assumed identity
Authority must provide evidence of assumed identity.
15KI(1) Request for evidence of assumed identity
Chief officer of an issuing agency must produce evidence of assumed identity.
15KI(2) Request for evidence of assumed identity
Request for evidence of assumed identity must state a reasonable period for compliance.
15KI(3) Request for evidence of assumed identity
Request must state a reasonable period for compliance.
Request for evidence of assumed identity must include specific details.
15KI(4) Request for evidence of assumed identity
Request for evidence of assumed identity cannot be made under this section for an entry in a register of births, deaths or marriages.
15KI(5) Request for evidence of assumed identity
Defines the temporal interval during which making a request for evidence of assumed identity is prohibited under this section.
(5) A request must not be made under this section for an entry in a register of births, deaths or marriages.
Uses cognitive AI to prohibit making a request for evidence of assumed identity under this section for an entry in a register of births, deaths or marriages.
Prohibits making a request for evidence of assumed identity under this section for an entry in a register of births, deaths or marriages.
Diffuses the prohibition on making a request for evidence of assumed identity under this section for an entry in a register of births, deaths or marriages.
Definition of evidence for assumed identity
15KI(6) Request for evidence of assumed identity
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.125
Government agency must comply with request within a reasonable period.
15KJ Government issuing agencies to comply with request
Non-government issuing agencies must comply with requests.
15KK Non-government issuing agencies may comply with request
15KL Cancellation of evidence of assumed identity
Chief officer must cancel evidence of assumed identity upon written direction.
15KL(1) Cancellation of evidence of assumed identity
Delete or alter an entry in a record of information.
15KL(2) Cancellation of evidence of assumed identity
15KM Return of evidence of assumed identity
Authority to acquire or use assumed identity ceases.
15KM(1) Return of evidence of assumed identity
(1) This section applies if an authority for a person to acquire or use an assumed identity ceases to be in force.
Request to return evidence of assumed identity
15KM(2) Return of evidence of assumed identity
Failure to comply with a request for identity information is an offence.
15KM(3) Return of evidence of assumed identity
(a) a request has been made to the person under subsection (2); and (b) the person fails to comply with the request.
Prohibition of non-compliance with a request
(b) the person fails to comply with the request.
Request under section 15KI or direction under section 15KL exempts officers from criminal liability.
15KN Protection from criminal liability—officers of issuing agencies
Request under section 15KI or direction under section 15KL overlaps with the time period of an action.
Request under section 15KI or direction under section 15KL is inferred from other knowledge.
Request or direction under section 15KI/15KL exempts officers from criminal liability.
Request under section 15KI or direction under section 15KL propagates to other agents.
Request under section 15KI or direction under section 15KL is a recurring trace.
15KO Indemnity for issuing agencies and officers
Chief officer of an issuing agency must provide indemnity if requested by a law enforcement or intelligence agency chief officer.
15KO(1) Indemnity for issuing agencies and officers
Commonwealth must indemnify issuing agency or officer for liability incurred in course of duty.
15KO(2) Indemnity for issuing agencies and officers
Commonwealth has an obligation to indemnify issuing agency or officer.
Acquiring or using an assumed identity is permitted under certain conditions.
15KP Assumed identity may be acquired and used
This interval overlaps with the time period during which the person can acquire or use an assumed identity under these conditions.
The excerpt describes a temporal interval during which the acquisition or use of an assumed identity is permitted.
(a) the person is an authorised person (other than an authorised civilian) and the acquisition or use is:
This process recognises the authority of the civilian's supervisor under these conditions.
The excerpt describes a cognitive process related to acquiring or using an assumed identity.
The person is an authorised civilian and the acquisition or use:
It is permitted for the person to acquire or use an assumed identity under these conditions.
Permission to acquire or use an assumed identity.
The person is an authorised person (other than an authorised civilian) and the acquisition or use is in accordance with an authority; and
This pattern repeats for the person who can acquire or use an assumed identity under these conditions.
The excerpt describes a recurring pattern of permitted acquisition or use of an assumed identity.
This schema validates the authority of the civilian's supervisor under these conditions.
The excerpt describes a schema that validates the acquisition or use of an assumed identity.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.127
Protection from criminal liability for authorised persons performing their duties.
15KQ Protection from criminal liability—authorised persons
The person's duty overlaps with the offence.
...in the case of an authorised intelligence officer, an authorised law enforcement officer or an authorised foreign officer—in the course of his or her duty...
The person's assumed identity implies their criminal liability.
Implication of assumed identity on criminal liability
...the thing is done in the course of acquiring or using an assumed identity in accordance with an authority...
The system recognises the person's obligation.
Recognition of artificial agents' obligations
The person has an obligation to perform their duty.
The person is not criminally responsible for the offence if...
The obligation diffuses to the person performing their duty.
Diffusion of obligations and responsibilities
...the thing is done: (i) in the case of an authorised intelligence officer, an authorised law enforcement officer or an authorised foreign officer—in the course of his or her duty...
Protection from criminal liability for third parties performing official duties.
15KR Protection from criminal liability—third parties
Imposes an obligation on the state to protect third parties performing official duties.
15KS Indemnity for authorised persons
15KS(1) Indemnity for authorised persons
Commonwealth must indemnify authorised persons for liabilities incurred due to their actions.
15KS(2) Indemnity for authorised persons
Commonwealth owes an obligation to indemnify authorised persons.
15KT Particular qualifications
No sections apply if a particular qualification is needed and the person does not have it.
15KT(1) Particular qualifications
Prohibits flying a plane if not qualified.
15KT(2) Particular qualifications
The officer's flying privileges are suspended.
Flying is restricted to qualified individuals.
(2) Subsection (1) applies whether or not the person has acquired...
Acquiring a pilot's licence under an assumed identity does not qualify the individual.
The officer's flying privileges are nullified.
Flying without qualification is an invalid action.
The officer's flying privileges are revoked.
Flying without qualification is not permitted.
15KU Effect of being unaware of variation or cancellation of
15KU(1) Effect of being unaware of variation or cancellation of
Continue application despite variation in authority scope
(a) is unaware of the variation; and (b) is not reckless about the existence of the variation.
Counter rebuttal that continuation applies despite variation
Continue application despite lack of knowledge of variation
Authority must inform authorised person of cancellation.
15KU(2) Effect of being unaware of variation or cancellation of
Authorised person knows about cancellation.
Authorised person must know about cancellation.
Authorised person is unaware of cancellation.
Reckless disregard for variation or cancellation of authority
15KU(3) Effect of being unaware of variation or cancellation of
The person is reckless about the existence of the variation or cancellation of an authority or authorisation
Temporal relationship analysis for recklessness
(a) the person is aware of a substantial risk that the variation or cancellation has happened; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the authority has not been varied or cancelled.
Disregarding risk due to unjustifiable assumption of authority stability
Temporal interval analysis for recklessness
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.129
15KV Transfer of control of authorities
Chief officer of an intelligence agency may agree to transfer control of an authority.
15KV(1) Transfer of control of authorities
Chief officer may agree to transfer control of authority.
15KV(2) Transfer of control of authorities
...if: (a) the authority was granted by the chief officer of the originating agency; or (b) control of the authority was transferred to the chief officer of the originating agency under a previous application of this subsection.
Transfer is conditional on temporal relation.
(2) The chief officer of a law enforcement agency (the originating agency) may agree in writing with the chief officer of another law enforcement agency (the receiving agency) to transfer control of an authority...
Transfer of control is conditional on agreement.
Transfer is related to cross-referencing.
Chief officer of originating agency must provide written document to chief officer of receiving agency.
15KV(3) Transfer of control of authorities
Review of authority must be conducted within a certain timeframe
(b) whether control of the authority has previously been transferred under this section, and if so:
Must provide written document to chief officer of receiving agency
(3) The chief officer of the originating agency must give the chief officer of the receiving agency a written document setting out:
15KW Consequences of transfer of control of authorities
Consequences of transfer of control of authorities
15KW(1) Consequences of transfer of control of authorities
Authority continues to be in force after transfer.
15KW(2) Consequences of transfer of control of authorities
Conditional commencement of certain provisions after transfer of control
15KW(3) Consequences of transfer of control of authorities
Chief officer of the receiving agency must review authority within 3 years after last review or 12 months after grant, depending on type of transfer.
15KW(4) Consequences of transfer of control of authorities
Within 3 years after last review or 12 months after grant, depending on type of transfer.
Review must occur within specified timeframe after last review or grant.
The chief officer of the receiving agency must review the authority.
The review must be taken by the chief officer.
Review is a cognitive action for the chief officer to take.
The authority has been transferred under subsection 15KV(1) or 15KV(2).
Must provide review within specified timeframe.
Chief officer of the receiving agency must review authority.
Review is a necessary action for the chief officer to take.
Effect of section 15KL on transfer of control
15KW(5) Consequences of transfer of control of authorities
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.131
15KX Requests to a participating jurisdiction for evidence of
Authority to request evidence from participating jurisdiction
15KX(1) Requests to a participating jurisdiction for evidence of
Request for evidence of assumed identity from issuing agency
15KX(2) Requests to a participating jurisdiction for evidence of
State must provide evidence of assumed identity
15KY Requests from a participating jurisdiction for evidence of
Request for evidence of assumed identity from a Commonwealth government issuing agency.
15KY(1) Requests from a participating jurisdiction for evidence of
Temporal interval: Request made to chief officer, response within reasonable period
(c) the request states a reasonable period for compliance with the request
Request for evidence of assumed identity
(a) an authority under a corresponding assumed identity law authorises a request
Agency must comply with request for evidence within a reasonable period.
15KY(2) Requests from a participating jurisdiction for evidence of
Exemptions from compliance with requests made under section (1)(b)
15KY(3) Requests from a participating jurisdiction for evidence of
15KZ Directions from a participating jurisdiction to cancel evidence
Cancel evidence upon written direction from chief officer who authorised the request.
15KZ(1) Directions from a participating jurisdiction to cancel evidence
Prohibition of cancelling evidence without written direction
15KZ(2) Directions from a participating jurisdiction to cancel evidence
cancel includes delete or alter an entry in a record of information.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.133
15L Indemnity for issuing agencies and officers
Chief officer of an issuing agency must provide indemnity to chief officer of a requesting agency.
15L(1) Indemnity for issuing agencies and officers
Agency must indemnify issuing agency and officers for liability incurred while complying with request.
15L(2) Indemnity for issuing agencies and officers
Agency has an obligation to indemnify issuing agency and officers.
15LA Application of this Part to authorities under corresponding
Application of this Part to authorities under corresponding authority
15LA(1) Application of this Part to authorities under corresponding
15LA(2) Application of this Part to authorities under corresponding
15LB Misuse of assumed identity
Acquiring or using an assumed identity without authority or in the course of duty is an offence.
15LB(1) Misuse of assumed identity
(c) the acquisition or use is not both: (i) in accordance with an authority; and (ii) in the course of duty;
Acquiring or using an assumed identity without authority is prohibited.
(a) the person is an authorised person (other than an authorised civilian); and (b) the person acquires evidence of, or uses, an assumed identity;
and (c) the acquisition or use is not both: (i) in accordance with an authority; and (ii) in the course of duty;
The person must be an authorised person to acquire or use an assumed identity.
The person must be reckless as to the circumstance mentioned in paragraph (c).
(d) the person is reckless as to the circumstance mentioned in paragraph (c).
Acquiring or using an assumed identity without authority or in the course of duty is prohibited.
The penalty for this offence is imprisonment for 2 years.
Acquiring or using an assumed identity without authority is an offence.
15LB(2) Misuse of assumed identity
The obligation applies to all times after the commencement of this section.
Defines the temporal interval during which the obligation applies.
(2) An authorised civilian commits an offence...
Prohibits acquiring or using an assumed identity without authority.
Authorised civilians must acquire or use assumed identities in accordance with authority and supervisor directions.
Imposes a duty on authorised civilians to acquire or use assumed identities in accordance with authority and supervisor directions.
Authorised civilians must not be reckless about assumed identities.
Prohibits reckless behaviour by authorised civilians regarding assumed identities.
Supervisors must provide authority and directions for authorised civilians regarding assumed identities.
Imposes a duty on the supervisor to provide authority and directions for authorised civilians regarding assumed identities.
15LC Disclosing information about assumed identity
Disclosing information about assumed identity is prohibited.
15LC(1) Disclosing information about assumed identity
(c) the information reveals, or is likely to reveal, that another person has acquired, will acquire, is using or has used an assumed identity.
Prohibits disclosure of information about assumed identity.
(1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct causes the disclosure of information; and ComLaw Authoritative Act C2012C00115 Amendments relating to controlled operations, assumed identities and witness identity protection Schedule 3 Main amendments Part 1 Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
15LC(2) Disclosing information about assumed identity
Disclosing information about assumed identity is prohibited unless specified conditions are met. Disclosing information about assumed identity is prohibited.
15LC(3) Disclosing information about assumed identity
Defines a temporal interval for the offence.
Recognizes the prohibition as a rule of law.
(3) if the person causes the disclosure of information mentioned in paragraph (1)(c), (2)(c) or (3)(c)
Defines a recurring trace for the offence.
No offence under subsections (1), (2) or (3)
15LC(4) Disclosing information about assumed identity
15LD Reports about authorities for assumed identities etc.—law
Submit report to Minister with specific information about authorities and assumed identities.
15LD(1) Reports about authorities for assumed identities etc.—law
Exclusion of information from report to prevent endangering safety or compromising law enforcement activities.
15LD(2) Reports about authorities for assumed identities etc.—law
Temporal intervals of exclusion and report preparation overlap.
Exclusion must occur before the report is laid before Parliament.
Copy of report to be laid before each House of Parliament within 15 sitting days.
Must exclude information from report if advised by chief officer.
15LD(3) Reports about authorities for assumed identities etc.—law
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.137
Chief officer of an intelligence agency must submit a report to the Inspector-General.
15LE Reports about authorities for assumed identities etc.—
Report includes specific information about authorities and activities.
15LF Record keeping
Agency must keep records about operation of Part.
15LF(1) Record keeping
Records must be kept of authority grants, variations, and cancellations.
15LF(2) Record keeping
(a) names of chief officers, (b) names of agencies, (c) date of transfer, and (d) dates and names of previous transfers if applicable
Records must be kept for authorities transferred to or from the chief officer of an agency.
15LF(3) Record keeping
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.139
15LG Audit of records
Chief officer must audit records every 6 months.
15LG(1) Audit of records
Chief officer must cause records to be audited.
The audit must be conducted by a person appointed by the chief officer.
15LG(2) Audit of records
The audit is conducted within a certain temporal interval.
Temporal interval for conducting the audit.
(2) The audit is to be conducted by a person appointed by the chief officer.
Appointing a person implies conducting the audit.
Conducting the audit implies appointing a person.
The person appointed by the chief officer conducts the audit.
Conducted by a person appointed by the chief officer.
The chief officer is responsible for auditing records.
Diffusion of responsibility for auditing records.
The person conducting the audit must not be a certain type of person.
15LG(3) Audit of records
The person conducting the audit must not be...
Audit results must be reported to the chief officer.
15LG(4) Audit of records
15LH Delegation of chief officer’s functions
Functions of a chief officer under this Part may not be delegated to any other person.
15LH(1) Delegation of chief officer’s functions
the functions of a chief officer under this Part may not be delegated to any other person.
Delegation is excluded from the scope of this section during its effective period
(1) Except as provided by this section (and despite any other Act or law to the contrary)
Delegation is not diffused from the scope of this section
Delegation is excluded from the scope of this section until it is revoked or superseded
15LH(2) Delegation of chief officer’s functions
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.141
15M Definitions
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.143
15MA Meaning of criminal proceeding
15MA(1) Meaning of criminal proceeding
(1) In this Part, criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences.
Describes the timing of criminal proceeding
Describes the meaning of criminal proceeding
Defines what constitutes a criminal proceeding.
15MA(2) Meaning of criminal proceeding
(2) To avoid doubt, each of the following is part of a criminal proceeding:
Identifies components of a criminal proceeding.
15MB Meaning of civil proceeding
Defines civil proceeding for the purpose of this Part.
15MB(1) Meaning of civil proceeding
civil proceeding has a specific meaning.
(1) In this Part, civil proceeding means any proceeding in a court of the Commonwealth, a State or Territory, other than a criminal proceeding.
civil proceeding is defined for this Part.
Defines what constitutes a civil proceeding.
15MB(2) Meaning of civil proceeding
Defines when a civil proceeding begins and ends.
(2) To avoid doubt, each of the following is part of a civil proceeding:
Includes various types of proceedings in the definition.
A charge against a person for an offence is outstanding until it is finally dealt with in one of the following ways.
15MC When a charge is outstanding or pending
Charge can be pending until it is finally dealt with.
(i) the person has been arrested for the offence, unless the person has been later released without being charged with an offence;
Holds true for charges against a person for an offence.
(a) a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways:
Holds true for allegations of professional misconduct.
(c) an allegation of professional misconduct against a person is outstanding if the allegation has not been finally dealt with in accordance with the procedures that apply for the purposes of dealing with an allegation of that kind.
(iii) the person is discharged by a court following a committal hearing;
(ii) a summons to appear before a court to answer a charge for the offence has been served on the person;
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.145
15MD Application of Part
This Part applies to a proceeding in which an operative is, or may be, required to give evidence obtained as an operative.
15MD(1) Application of Part
Protection of evidence in proceedings is unaffected by this Part.
15MD(2) Application of Part
Obligation to protect evidence in proceedings.
Court control over proceedings is not limited by this Part.
15MD(3) Application of Part
Chief officer may give witness identity protection certificate.
15ME Witness identity protection certificate
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.147
15MF Statutory declaration by operative
particulars of each offence, charge, finding, allegation, comment, representation
Statutory declaration by operative regarding convictions, charges, and credibility
15MF(1) Statutory declaration by operative
No disclosure of statutory declaration made under this section in any proceeding.
15MF(2) Statutory declaration by operative
(2) Subject to subsection (3), a person cannot be compelled to disclose...
15MF(3) Statutory declaration by operative
15MG Form of witness identity protection certificate
Witness identity protection certificate requirements
15MG(1) Form of witness identity protection certificate
A witness identity protection certificate for an operative must not contain information that may allow the operative’s identity, or where the operative lives, to be revealed.
15MG(2) Form of witness identity protection certificate
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.149
15MH Filing and notification
Witness must file identity protection certificate before giving evidence.
15MH(1) Filing and notification
Provide a copy of the certificate to each party at least 14 days before evidence is given.
15MH(2) Filing and notification
Must provide a copy of the certificate to each party.
The person who files the certificate must know about the requirement.
The court may order the person filing the certificate to give a copy of it to a person stated in the order.
15MH(3) Filing and notification
Conditional application of section 15MH(4)
15MH(4) Filing and notification
15MI Leave for non-compliance
Request for leave to not comply with a requirement
15MI(1) Leave for non-compliance
Court cannot give leave for non-compliance unless it was not reasonably practicable to comply with the requirement.
15MI(2) Leave for non-compliance
Leave must be refused if non-compliance occurs.
Non-compliance overlaps with situations where leave cannot be given.
Requirement not reasonably practicable to comply with.
Non-compliance is recognized as a situation where leave cannot be given.
Court cannot give leave for non-compliance.
Non-compliance diffuses into situations where leave cannot be given.
Non-compliance is a recurring trace of situations where leave cannot be given.
15MJ Effect of witness identity protection certificate
Witness identity protection certificate applies in court proceedings.
15MJ(1) Effect of witness identity protection certificate
Section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court.
Applicability of witness identity protection certificate
Witness identity protection: questions about operative's identity or residence must not be asked.
15MJ(2) Effect of witness identity protection certificate
Prohibition of questioning witness about identity or residence.
15MK Orders to protect operative’s identity etc.
Court may make order to protect witness identity.
15MK(1) Orders to protect operative’s identity etc.
Court must make order suppressing publication of certain information.
15MK(4) Orders to protect operative’s identity etc.
Court may make order for how transcript is to be dealt with, including suppressing its publication.
15MK(5) Orders to protect operative’s identity etc.
Permission to make order for transcript handling
Engaging in conduct that contravenes an order is an offence.
15MK(6) Orders to protect operative’s identity etc.
...the person engages in conduct; ...the conduct contravenes the order.
Conduct overlaps with prohibited conduct
(a) an order has been made under subsection (1), (4) or (5); and...
Conduct is recognized as prohibited by AI
Conduct is a recurring trace of prohibited conduct
Court's power to punish for contempt is not limited by subsection (6)
15MK(7) Orders to protect operative’s identity etc.
Court's power to punish for contempt overlaps with subsection (6)
(7) Subsection (6) does not limit the court’s powers, including, but not limited to, the court’s power to punish for contempt
Subsection (6) recognizes court's power to punish for contempt
Court's power to punish for contempt is not limited
(7) Subsection (6) does not limit the court’s powers
Court's power to punish for contempt diffuses with subsection (6)
Court's power to punish for contempt repeats with subsection (6)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.151
15ML Disclosure of operative’s identity to presiding officer
Witness must disclose operative's identity to presiding officer if certificate filed.
15ML(1) Disclosure of operative’s identity to presiding officer
The operative must disclose their true identity to the presiding officer.
15ML(2) Disclosure of operative’s identity to presiding officer
The operative must disclose their true identity.
Presiding officer must not record or retain information disclosed under subsection (2).
15ML(3) Disclosure of operative’s identity to presiding officer
15MM Disclosure of operative’s identity etc. despite certificate
Witness must disclose operative's identity despite certificate
15MM(1) Disclosure of operative’s identity etc. despite certificate
Request for leave to ask a question or require a witness to make a statement that may disclose the operative's identity.
15MM(2) Disclosure of operative’s identity etc. despite certificate
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.153
15MN Application for leave—joinder as respondent
Application for leave—joinder as respondent
15MN(1) Application for leave—joinder as respondent
Allow person to join application as respondent under certain conditions.
15MN(2) Application for leave—joinder as respondent
15MO Directions to jury
Witness must provide identity protection certificate if operative gives evidence in jury proceeding.
15MO(1) Directions to jury
The identity protection certificate must be provided between the time the operative gives evidence and the end of the proceeding.
Temporal interval for providing identity protection certificate
(a) a witness identity protection certificate for an operative in relation to a proceeding is filed in a court; and (b) there is a jury in the proceeding; and (c) the operative gives evidence.
The operative is someone who gives evidence.
Classifies operative as someone who gives evidence
The witness must provide the identity protection certificate.
If the conditions are met, the witness must provide the identity protection certificate.
Court must not draw adverse inferences against defendant or another party due to witness identity protection certificate or court order.
15MO(2) Directions to jury
Witness identity protection certificate or court order.
No adverse inferences against defendant or another party.
Court must not draw adverse inferences against defendant or another party.
Witness identity protection certificate for the operative.
No adverse inferences due to court order.
Court must not draw adverse inferences due to court order.
Section 15MK or subsections 15MM(8), (9), or (10).
Court's power to direct jury unaffected.
Court's power to direct jury is not affected by witness identity protection certificate.
15MP Appeals and adjournments
Court must give or refuse leave for witness identity protection certificate.
15MP(1) Appeals and adjournments
Court has jurisdiction to hear and determine appeals against decisions on leave or orders.
15MP(2) Appeals and adjournments
Court has jurisdiction to hear and determine appeals.
Appeal against decision to give or refuse leave, or to make or refuse to make order.
15MP(3) Appeals and adjournments
A party can appeal against the decision.
State has the power to give or refuse leave.
Allow operative or chief officer to join appeal if they have a sufficient interest in the decision.
15MP(4) Appeals and adjournments
Party may apply for adjournment to appeal against original court's decision.
15MP(5) Appeals and adjournments
Original court must grant adjournment if application is made under subsection (5)
15MP(6) Appeals and adjournments
Application is made under subsection (5)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.155
15MQ Witness identity protection certificate—cancellation
Chief officer must cancel witness identity protection certificate.
15MQ(1) Witness identity protection certificate—cancellation
The cancellation of the witness identity protection certificate contains the application of this section.
Temporal relationship between cancellation and application
(1) This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for an operative in relation to a proceeding.
The cancellation of the witness identity protection certificate is contained within the artificial intelligence application of this section.
The chief officer must cancel the witness identity protection certificate.
The cancellation of the witness identity protection certificate is contained within the diffusion of this section.
The cancellation of the witness identity protection certificate is contained within the application of this section.
Cancellation of witness identity protection certificate
15MQ(2) Witness identity protection certificate—cancellation
Chief officer must give notice to court and parties if certificate is cancelled.
15MQ(3) Witness identity protection certificate—cancellation
15MR Permission to give information disclosing operative’s identity
Permission to give information disclosing operative's identity
15MR(1) Permission to give information disclosing operative’s identity
Chief officer may permit person to give information disclosing operative's identity.
15MR(2) Permission to give information disclosing operative’s identity
Permission to give information disclosing operative’s identity
15MR(3) Permission to give information disclosing operative’s identity
15MS Disclosure offences
Disclosing operative identity without authorization is an offence.
15MS(1) Disclosure offences
Temporal relation between disclosure and cancellation.
(b) the certificate has not been cancelled under section 15MQ;
Prohibition of disclosing operative identity without authorization.
(a) a witness identity protection certificate for an operative in relation to a proceeding has been given; and (b) the certificate has not been cancelled under section 15MQ;
Permission for disclosure without authorization.
(i) the conduct is required by section 15ML;
(d) the conduct results in the disclosure of the operative’s identity or where the operative lives;
Disclosure of operative's identity or where the operative lives is prohibited.
15MS(2) Disclosure offences
...and (d) the conduct results in the disclosure of the operative’s identity or where the operative lives;
Prohibits disclosure of operative's identity or where the operative lives.
...and (f) the person is reckless as to whether his or her conduct will endanger the health or safety of another person;
Prohibits reckless conduct that endangers health or safety.
(f) the person is reckless as to whether his or her conduct will endanger the health or safety of another person.
...and (e) none of the following applies:...
Prohibits disclosure of operative's identity under certain conditions.
Disclosing operative identity or location without authorization is prohibited.
15MS(3) Disclosure offences
...disclosure of the operative’s identity or where the operative lives;
15MT Evidentiary certificates
Chief officer must sign certificate stating certain conditions.
15MT(1) Evidentiary certificates
Certificate is prima facie evidence in proceedings.
15MT(2) Evidentiary certificates
15MU Reports about witness identity protection certificates
Chief officer must submit report about witness identity protection certificates.
15MU(1) Reports about witness identity protection certificates
Report requirements for witness identity protection certificates
15MU(2) Reports about witness identity protection certificates
Prohibition on disclosing witness identity protection certificate information
15MU(3) Reports about witness identity protection certificates
(3) A report must not include information that discloses, or may lead to the disclosure of, an operative’s identity...
Minister must lay report before each House within 15 sitting days.
15MU(4) Reports about witness identity protection certificates
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.159
Recognition of witness identity protection certificates under corresponding laws
15MW Recognition of witness identity protection certificates under
15MX Delegation
Delegation of functions is prohibited for chief officers under this Part.
15MX(1) Delegation
Delegation of functions to senior officers
15MX(2) Delegation
Defines senior officer roles in various agencies.
15MX(3) Delegation
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.165
Defines commencement and State controlled operations law.
16 Definitions
List of prohibited actions for criminal investigation powers
160 Crimes Legislation Amendment (Serious and Organised Crime) Act
(d) searches, inspections or seizures of other property;
(f) electronic surveillance devices or telecommunications interception;
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.166
162 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.168
164 Crimes Legislation Amendment (Serious and Organised Crime) Act
Continues application of Crimes Act 1914 after commencement.
17 Controlled operations authorised before commencement
The Crimes Act 1914 continues to apply after commencement in relation to pre-commencement controlled operations during that period.
Continues application of Crimes Act 1914 during the period of pre-commencement controlled operation.
The commencement of this item marks the beginning of a new period for which the Crimes Act 1914 does not apply.
The Crimes Act 1914 continues to apply after commencement.
Continues application of Crimes Act 1914.
Repeals and amendments made by this Part do not affect the continued application of the Crimes Act 1914.
The Crimes Act 1914 continues to apply after commencement in relation to pre-commencement controlled operations.
Continues application of Crimes Act 1914 as if repeals and amendments had not happened.
The repeal and amendment provisions do not affect the continued application of the Crimes Act 1914.
Pre-commencement controlled operation is a subclass of the crimes covered by the Crimes Act 1914.
Continuation of Division 3 of Part IAB despite repeal
18 Controlled operations—continuation of Division 3 of
Assumed identities—authorisations taken to be authority
19 Assumed identities—authorisations taken to be authority
Authorisation was granted immediately before commencement
Has effect as if authority granted under section 15KB
Authorisation was granted under section 15XG
Repeal the definition of ACLEI authorising officer.
2 Subsection 3(1) (definition of ACLEI authorising officer)
States without corresponding laws: continuation of old law in relation to
20 Assumed identities—continuation of old law in relation to
Continues the old law in relation to states without corresponding laws
Definition of serious Commonwealth offence
21 Section 219ZJA (definition of serious Commonwealth
Defines the term 'serious Commonwealth offence'
Repeal the definition of AFP authorising officer.
3 Subsection 3(1) (definition of AFP authorising officer)
Repeal definition of appropriate authorising officer
4 Subsection 3(1) (definition of appropriate authorising
Repeal the definition of authorising officer.
5 Subsection 3(1) (definition of authorising officer)
58 Crimes Legislation Amendment (Serious and Organised Crime) Act
Repeal definition of controlled operation
6 Subsection 3(1) (definition of controlled operation)
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.64
Defines the meaning of 'authorising officer' and related terms.
60 Crimes Legislation Amendment (Serious and Organised Crime) Act
Includes related terms in the definition of 'authorising officer'
Defines terms related to controlled operations and serious offences.
62 Crimes Legislation Amendment (Serious and Organised Crime) Act
Defines terms with explicit definitions.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.68
64 Crimes Legislation Amendment (Serious and Organised Crime) Act
Authorisation required for ACLEI staff to perform duties.
66 Crimes Legislation Amendment (Serious and Organised Crime) Act
68 Crimes Legislation Amendment (Serious and Organised Crime) Act
Authorising officer may require additional information from applicant.
68(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide written record of urgent application to authorising officer.
68(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide written record of urgent application.
Repeal definition of major controlled operation.
7 Subsection 3(1) (definition of major controlled operation)
Subsequent authority must be formal if granted in respect of a controlled operation with previous authority.
70 Crimes Legislation Amendment (Serious and Organised Crime) Act
...but in that case the subsequent authority must be a formal authority.
Subsequent authority overlaps with previous authority.
(2) Nothing in this Part prevents an authority being granted...
...the subsequent authority must be a formal authority.
Formal authority required for subsequent control of controlled operation.
...but not so as to extend its duration—see sections 15GO and 15GS.
Urgent authority can be varied, but not extended.
Note: An urgent authority can be varied...
Subsequent authority is both formal and overlaps with previous authority.
72 Crimes Legislation Amendment (Serious and Organised Crime) Act
A person is sufficiently identified if they can be matched to their identity by the chief officer of the authorising agency.
72(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Imposes a duty on the chief officer to match assumed names, code names, or code numbers with identities.
Must not identify persons by identifying a class of persons.
72(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Class of persons must be identified separately
Class of persons is not a valid identifier
74 Crimes Legislation Amendment (Serious and Organised Crime) Act
No variation of formal authority can exceed 3 months in effect.
74(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Authority must not vary controlled operation without authorising officer's satisfaction.
74(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
...authorise a significant alteration...
Authority cannot vary controlled operation.
74(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.80
Authorisation required for controlled operations
76 Crimes Legislation Amendment (Serious and Organised Crime) Act
Provide details about a variation of authority, including date and time, description, and period of extension.
78 Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide details about a variation of authority.
Repeal definition of nominated Tribunal member
8 Subsection 3(1) (definition of nominated Tribunal member)
80 Crimes Legislation Amendment (Serious and Organised Crime) Act
necessary for the nominated Tribunal member’s proper consideration of the application
The nominated Tribunal member may require the applicant to provide information.
80(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Applicant must make a written record of the application and give a copy to the nominated Tribunal member.
80(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
The nominated Tribunal member must prepare and give a written document to the applicant.
82 Crimes Legislation Amendment (Serious and Organised Crime) Act
84 Crimes Legislation Amendment (Serious and Organised Crime) Act
86 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.92
88 Crimes Legislation Amendment (Serious and Organised Crime) Act
Chief officer must notify owner of reported loss or damage.
88(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Chief officer receives report of loss or damage
Chief officer must notify person of reported injury.
88(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Notification requirements for chief officer
88(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
(4) The chief officer is not required to give a notification under subsection (2) or (3);
Chief officer must not give notification until certain conditions are met
(a) compromise or hinder the controlled operation or any related investigation;
(b) compromise the identity of a participant in the controlled operation;
(c) endanger the life or safety of any person;
(e) otherwise be contrary to the public interest;
88(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
9 Subsection 3(1) (definition of person targeted)
90 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits entry onto, or searches or inspection of, premises
(c) entry onto, or searches or inspection of, premises;
Prohibits searches, inspections or seizures of other property
Prohibits electronic surveillance devices or telecommunications interception
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.96
92 Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosure exemptions for law enforcement agencies
92(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
Disclosure is permitted during these periods
Temporal relationship between disclosure and law enforcement activities
Disclosure is related to law enforcement activities during certain periods
Disclosure is permitted under these conditions
Disclosure is not required for certain purposes
92(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
An offence against this section is an indictable offence.
92(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.98
94 Crimes Legislation Amendment (Serious and Organised Crime) Act
Information about the controlled operation, including possession of illicit goods.
Identify law enforcement agencies and individuals with possession of narcotic goods.
94(2A) Crimes Legislation Amendment (Serious and Organised Crime) Act
Identify law enforcement agency or person with possession of narcotic goods.
94(2B) Crimes Legislation Amendment (Serious and Organised Crime) Act
Imposes duty on the state to identify law enforcement agency or person.
Disclosing identity may endanger safety or prejudice investigation/prosecution.
94(2C) Crimes Legislation Amendment (Serious and Organised Crime) Act
then the person is sufficiently identified for the purposes of paragraphs (2A)(b) and (2B)(b)
Defines a temporal interval for disclosure of identity.
(2C) If the chief officer of the authorising agency is of the view...
Represents knowledge about disclosure of identity.
Prohibits disclosure of identity under certain conditions.
Diffuses information about disclosure of identity.
Defines a recurring trace for disclosure of identity.
96 Crimes Legislation Amendment (Serious and Organised Crime) Act
The Ombudsman may require additional information from an authorising agency.
96(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Obligation to provide additional information
No obligation to provide particulars of a controlled operation for 6 months if not completed during that period.
96(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide a copy of the report to the Minister at the same time as it is given to the Ombudsman.
96(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
98 Crimes Legislation Amendment (Serious and Organised Crime) Act
Minister must lay report before Parliament within 15 sitting days.
98(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
Agency must provide comments on report comprehensiveness and adequacy.
98(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibition on disclosing information that identifies a person involved in an operation.
98(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits disclosure of information that identifies a person involved in an operation.
Particulars of a controlled operation must be included in a report for the year in which the operation is completed.
98(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Must provide particulars of a controlled operation in the report for the year it is completed.
98(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.5
1 Short title [see Note 1]
1 Section 1
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.169
Insertion of new sections into the Criminal Code
1 Subsection 11.1(7) of the Criminal Code
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.172
Omit subsection 11.2(1) and substitute with subsections 11.2(1) and
10 Section 15.4 of the Criminal Code (note)
Joint commission for committing an offence
11 Section 11
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.171
11 Subsection 70.5(1) of the Criminal Code (note)
12 Paragraph 302.6(a) of the Criminal Code
13 Dictionary in the Criminal Code (paragraph (b) of the
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.173
Associating with a criminal organisation or member is prohibited.
14 Subsection 5(1)
Prohibition of association with a criminal organisation or member.
Classification of association as a crime.
15 Subsection 5(1)
Defines member of a criminal organisation
16 Subsection 5(1)
a director and an officer of the body corporate;
Insert: member, of a criminal organisation, includes:
in the case of an organisation that is a body corporate—a director and an officer of the body corporate;
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.170
166 Crimes Legislation Amendment (Serious and Organised Crime) Act
Offence committed in accordance with the agreement
166(2) Crimes Legislation Amendment (Serious and Organised Crime) Act
The conduct occurs during the course of carrying out the agreement
(c) To the extent that a physical element of the joint offence consists of a circumstance—the conduct engaged in, or a result of the conduct engaged in, occurs in that circumstance
An offence is committed if it is done in accordance with the agreement
Obligation to commit an offence in accordance with the agreement
(2) An offence is committed in accordance with the agreement
166(3) Crimes Legislation Amendment (Serious and Organised Crime) Act
The commission of the joint offence overlaps with the intention to commit an offence
Temporal overlap between intention and commission
The person intends to commit an offence at some point in time
An offence is committed in the course of carrying out the agreement
Intention to commit an offence is a joint obligation
Joint obligation for committing an offence
Another party commits an offence in the course of carrying out the agreement
The person is reckless about committing an offence
There is a recurring trace between the intention to commit an offence and the commission of the joint offence
Recurring trace between intention and commission
Intention to commit an offence is required for guilt.
166(4) Crimes Legislation Amendment (Serious and Organised Crime) Act
Describes a temporal relationship between intention and guilt.
For a person to be guilty of an offence because of the operation of this section, the person and at least one other party to the agreement must have intended that an offence would be committed under the agreement.
Requires intention to commit an offence.
Person and at least one other party to the agreement must have intended that an offence would be committed under the agreement.
Agreement may be entered into before or at the same time as conduct constituting physical elements of joint offence.
166(5) Crimes Legislation Amendment (Serious and Organised Crime) Act
Permission to enter into agreement before or at same time as conduct
A person cannot be found guilty of an offence if they terminated their involvement and took reasonable steps to prevent the conduct.
166(6) Crimes Legislation Amendment (Serious and Organised Crime) Act
Terminated involvement and prevention steps taken
A person may be found guilty of an offence despite another party not being prosecuted or present.
166(7) Crimes Legislation Amendment (Serious and Organised Crime) Act
Any special liability provisions apply to the joint offence for determining guilt.
166(8) Crimes Legislation Amendment (Serious and Organised Crime) Act
Temporal intervals are relevant for determining guilt.
The operation of this section determines whether a person is guilty.
Special liability provisions apply to the joint offence.
This section applies to the joint offence.
168 Crimes Legislation Amendment (Serious and Organised Crime) Act
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.174
An offence is also a serious offence if it is an offence against section 93T of the Crimes Act 1900 of New South Wales.
16A After subsection 5D(3)
The offence occurs before or at the same time as the other offence.
An offence is a serious offence if it involves or would involve associating with a criminal organisation, contributing to its activities, aiding, abetting, counselling, or procuring the commission of a prescribed offence.
17 At the end of section 5D
The text states that an offence is a serious offence if it meets certain conditions.
Prohibition on associating with an organisation
170 Crimes Legislation Amendment (Serious and Organised Crime) Act
Associating with the organisation is during membership
(i) an associate member or prospective member...
Forbids association with the organisation
...and (ii) a person who identifies himself or herself...
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.176
Performance of a function or duty under an organised crime control law is prohibited.
172 Crimes Legislation Amendment (Serious and Organised Crime) Act
Prohibits performance of a function or duty under an organised crime control law.
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.175
18 Application
Declaration of an organisation as a declared organisation.
18A Subsection 5(1)
Add “or” at the end of subparagraphs (c)(i), (ii) of the definition of permitted purpose
18B Subsection 5(1) (at the end of subparagraphs (c)(i), (ii),
18C Subsection 5(1) (at the end of paragraph (c) of the
Prohibition on proceedings under or relating to organised crime control laws
18D After paragraph 5B(1)(c)
Prohibits proceedings under or relating to organised crime control laws
Add “or” at the end of paragraphs 6L(1)(a), (b) and (c)
18E At the end of paragraphs 6L(1)(a), (b) and (c)
Permission to proceed under an organised crime control law of that State
18F After paragraph 6L(1)(c)
18G At the end of paragraph 6L(1)(d)
Subject matter of a proceeding under an organised crime control law of a State.
18H After subparagraph 68(d)(i)
Applicability of amendments to the Telecommunications (Interception and Access) Act 1979
18J Application
19 February
19 May 2010
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.6
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.177
19 Regulations
crimes-legislation-amendment-serious-and-organised-crime-act-2010.pdf, p.179
19 Feb 2010
2 Commencement
Defines the day on which the Act receives Royal Assent.
2 Section 2
2 Crimes Legislation Amendment (Serious and Organised Crime) Act
Omit 'principal offender', substitute 'other person'.
2 Subsection 11.2(5) of the Criminal Code
20 February
The day after this Act receives the Royal Assent.
3 Section 3
3 Schedule(s)
3 Subsection 11.2(6) of the Criminal Code
4 Section 4
4 After section 11.2 of the Criminal Code
5 Section 5
Omit certain provisions from the Criminal Code
5 Subsection 11.6(4) of the Criminal Code (note)
Schedule 2, item 154: 1 Jan — ComLaw Authoritative Act C2012C00115
5 Dec 2011
The day on which this Act receives the Royal Assent.
6 Section 6
6 Subsection 14.1(1) of the Criminal Code (note)
Defines temporal interval for commencement
7 Section 7
7 Subsection 15.1(1) of the Criminal Code (note)
8 Section 8
8 Subsection 15.2(1) of the Criminal Code (note)
9 Subsection 15.3(1) of the Criminal Code (note)
An Act to amend various Acts relating to the enforcement of the criminal law, and for other purposes
Crimes Legislation Amendment (Serious and Organised Crime) Act 2010