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