crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.10
This section applies to a prosecution of an ancillary offence relating to this Part as well as to prosecution of a primary offence against this Part.
1 At the end of section 300.5 of the Criminal Code
Section applies to prosecution of ancillary offence and primary offence against this Part.
Section is part of section 300.5 of the Criminal Code.
2 At the end of Division 300 of the Criminal Code
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.11
3 Paragraphs 307.11(1)(b) and 307.12(1)(b) of the Criminal
Recklessness is a fault element in relation to attempting to commit an offence against this Part.
300 Section 300
Definition of controlled plant and substance
309 Section 309
Proof of intention, knowledge or recklessness satisfies a fault element of recklessness.
Proof of intention, knowledge or recklessness
Satisfies a fault element of recklessness
The periods 3, 309.4, 309.7 or 309.8 are temporal intervals.
The substances are being processed by cognitive AI.
(d) that a substance is a border controlled drug or border controlled plant (a physical element of an offence against Subdivision A, B or C of Division 307 or section 309.12 or
A physical element of an offence against Division 303 or 304 is a controlled plant.
(c) that a substance is a controlled precursor (a physical element of an offence against Division 306 or section 308.2, 309.10 or 309.11);
(b) that a plant is a controlled plant (a physical element of an offence against Division 303 or 304);
4 Subsection 307.12(4) of the Criminal Code
5 Paragraph 307.13(1)(b) of the Criminal Code
6 Subsection 307.13(3) of the Criminal Code
Repeal section 307.14 of the Criminal Code
7 Section 307.14 of the Criminal Code
8 Application of amendments
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.43
1 Subsection 75B(6)
Specify days for application and submission
2 Paragraphs 75B(6)(a) and (b)
Repeal certain paragraphs and substitute with new provisions.
3 Paragraphs 169(2)(c) and (d)
Prohibits repeal of specified paragraphs.
Amendment applies in relation to information given or documents produced on or after commencement.
4 Application of amendments
Specify the period for information or documents to be given or produced.
5 Paragraph 203(e)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.45
Repeal of paragraph (a) of the definition of significant corruption issue, with exceptions for law enforcement agencies.
1 Subsection 5(1) (paragraph (a) of the definition of
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.47
The Integrity Commissioner must decide on the corruption issue.
10 Subsection 32(2)
Subsections 32(3) and (5) must omit certain words.
11 Subsections 32(3) and (5)
12 At the end of section 32
Continuity of Act's application to law enforcement agency
12(10) At the end of section 32
The Integrity Commissioner may decide not to take further action if certain conditions are met.
12(8) At the end of section 32
The corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court
the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court
the Integrity Commissioner may decide not to take further action
The Integrity Commissioner has an obligation to decide not to take further action if certain conditions are met.
the corruption issue is already being, or will be, investigated by a law enforcement agency; or a government agency; or an integrity agency for a State or Territory
an investigation of the corruption issue is not warranted having regard to all the circumstances
Advice in writing and as soon as reasonably practicable after the decision is made
The Integrity Commissioner must advise the head of the law enforcement agency of a decision to take no further action in relation to the corruption issue.
12(9) At the end of section 32
The Integrity Commissioner must provide advice
The advice should be given as soon as reasonably practicable
The advice must be given until the decision is made
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.48
Repeal section and substitute with new content.
13 Section 34
May decide to deal with a corruption issue
14 Before subsection 38(1)
15 After subsection 38(2)
Integrity Commissioner may request law enforcement agency for information.
15(2A) After subsection 38(2)
Law enforcement agency must comply with request.
15(2B) After subsection 38(2)
Directs law enforcement agency not to investigate
15(2C) After subsection 38(2)
Investigation timing overlaps with restriction
(2C) Subsection (2A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (1)
Restriction affects AI-powered investigation
Directing law enforcement agency not to investigate
(2A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (1)
Restriction affects investigation diffusion
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.49
Becoming aware of another corruption issue is a requirement.
16 Before subsection 38(5)
The law requires becoming aware of another corruption issue.
Inform a person about investigation progress if they raised a corruption issue
17 Subsection 52(3)
18 Subsections 58(1), (2) and (3)
Must advise a person of investigation outcome
18(1) Subsections 58(1), (2) and (3)
Must provide a copy of any report prepared under subsection 54(1) in relation to the investigation.
18(2) Subsections 58(1), (2) and (3)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.50
19 Subsection 58(6)
2 Subsection 5(1) (subparagraph (b)(ii) of the definition of
The head of a law enforcement agency must inform a person or their representative about the progress of an investigation.
20 Subsection 65(2)
Repeal section and substitute with new provision
21 Section 68
22 Paragraph 89(1)(b)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.51
23 Paragraph 117(1)(b)
24 Subsection 199(3)
Omit 'the person's', substitute 'that or another person's'.
25 Subsection 208(6)
26 At the end of paragraph 219(4)(b)
Conditional commencement and applicability of amendments
27 Application of amendments
3 Subsection 10(1)
The Integrity Commissioner must advise a person or their representative on certain decisions.
34 Person who refers corruption issue
The Integrity Commissioner must advise a person or their representative.
Repeal and substitute paragraphs regarding AFP appointees.
4 Paragraphs 10(5)(a) and (aa)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.46
Omit 'an agreement', substitute 'a written agreement'.
5 Subsection 17(1)
6 Subsections 17(2) and (3)
Revocation of agreement by written notice
6(2) Subsections 17(2) and (3)
(revocation takes effect on a day specified in the notice) overlaps with (14 days after the day it is given)
(2) The Integrity Commissioner may revoke the agreement by written notice given to the head of the agency.
(written notice given to the head of the agency) -> (revocation takes effect)
(written notice given to the head of the agency) -> (revocation takes effect on a day specified in the notice)
Prohibits revocation without notice period
6(3) Subsections 17(2) and (3)
68 Advising person who referred corruption issue of outcome of the
Agency must advise person on outcome of investigation
68(1) Advising person who referred corruption issue of outcome of the
Must provide a copy of report prepared under section 66.
68(2) Advising person who referred corruption issue of outcome of the
7 Section 25
8 Before subsection 31(2)
9 After subsection 31(3)
9(3A) After subsection 31(3)
Requesting information is an obligation.
9(3B) After subsection 31(3)
Integrity Commissioner may consider additional information in decision-making
9(3C) After subsection 31(3)
The Integrity Commissioner regards additional information during the decision-making process
(3A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (2)
The Cognitive Agent regards additional information
The Integrity Commissioner must consider additional information
Obligation to consider additional information
The Integrity Commissioner considers additional information and diffuses it
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.53
Repeal and substitute a paragraph in the definition of eligible person with a new condition.
1 Subsection 4(1) (paragraph (b) of the definition of eligible
Replace an existing definition with a new one.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.54
Omit certain sections and substitute with new provisions.
10 Schedule 1
11 Schedule 1
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.55
Amendment applies in relation to items produced before, at or after commencement.
12 Application of amendments
2 Subsection 20(4) (note)
Returnable items must be returned—general
24AB When returnable items must be returned—general
Imprisonment for 6 months or 10 penalty units
3 At the end of subsection 20(4)
4 Subsection 20(6) (penalty)
Repeal heading and substitute with new text.
5 Section 24AB (heading)
6 After section 24AB
Examiner may direct return of item to person or owner.
6(1) After section 24AB
Specify return conditions for item return
6(2) After section 24AB
6(3) After section 24AB
6(4) After section 24AB
(4) The examiner or the CEO may vary or revoke the direction.
Insertion of Australian Human Rights Commission Act 1986 section 49 after Air Navigation Act 1920 section 27A.
7 Schedule 1
Insert '19A or 19B' after section 19 of the Census and Statistics Act 1905.
8 Schedule 1
Omit section 34 of Human Rights Commission Act 1981
9 Schedule 1
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.56
Repeal penalty, substitute with imprisonment or penalty units
1 Subsection 211(1) (penalty)
2 Subsection 218(1) (penalty)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.57
1 Paragraph 330(4)(e)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.60
Definition of related foreign serious offence applies to foreign pecuniary penalty orders made on or after commencement.
10 Application of new definition of related foreign serious
Definition applies to foreign pecuniary penalty orders.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.61
11 Subsection 183(4)
An approved examiner is a person who holds an appointment under this section.
11(4) Subsection 183(4)
The Minister may appoint an approved examiner.
11(5) Subsection 183(4)
Appointer and appointee are within the same temporal interval
The Minister may appoint as an *approved examiner:
Examiners must be specified in regulations
The Minister may appoint an approved examiner:
11(6) Subsection 183(4)
Minister must receive written resignation
Revocation of appointment of an approved examiner
11(7) Subsection 183(4)
The revocation overlaps with the appointment.
(7) The Minister may revoke an appointment of an approved examiner.
The Minister permits the revocation of an appointment of an approved examiner.
The Minister is allowed to revoke an appointment of an approved examiner.
Revocation implies the termination of the appointment.
Transitional provision for approved examiners
12 Transitional provision for approved examiners
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.62
13 After section 315B
Paragraph 330(4)(e) applies regardless of when the forfeiture/disposal occurred.
2 Application
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.58
Defines related offence in relation to another offence.
3 Section 338 (definition of related offence)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.59
Offences are related if they share physical elements.
3 Related offences
Official Trustee may bring proceedings on behalf of the Commonwealth.
315C Official Trustee may bring proceedings on behalf of the
Facilitate performance of a function or duty, or exercise of power.
Definition of related offence applies to certain orders and penalties
4 Application of new definition of related offence
Definition applies to specified orders and penalties
Offences are related if their physical elements are substantially the same or in a single series.
42 Related offences
the physical elements of the 2 offences are substantially the same acts or omissions;
5 Section 42
Section applies to restraining orders applied for on or after commencement.
6 Application of new section 42
7 Section 3
Section applies in relation to restraining order applied for on or after commencement.
8 Application of new section 3
Definition of related foreign serious offence
9 Subsection 3(1) (definition of related foreign serious
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.63
Insert the Independent Commissioner Against Corruption Act 2012 (SA)
1 After paragraph 90J(6)(c)
Inserts the Independent Commissioner Against Corruption Act 2012 (SA)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.65
Definition of eligible law enforcement officer
10 Subsection 15CA(2) (definition of eligible law enforcement
Omit 'Misconduct', substitute 'Corruption'.
11 Subsection 6(1) (paragraph (l) of the definition of
12 Subsection 6(1) (after paragraph (la) of the definition of
13 Paragraphs 27(1)(ba) to (bd)
Prohibits the specified bodies or offices
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.66
14 Subsection 6(1) (definition of AFP employee)
Definition of appropriate authorising officer
15 Subsection 6(1) (definition of appropriate authorising
Repeal definition of Assistant Integrity Commissioner
16 Subsection 6(1) (definition of Assistant Integrity
Repeal definition of Australian Crime Commission
17 Subsection 6(1) (definition of Australian Crime
Repeal definition of chief officer and substitute with new meaning.
18 Subsection 6(1) (definition of chief officer)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.67
Repeal definition of Corruption and Crime Commission
19 Subsection 6(1) (definition of Corruption and Crime
Insert the Independent Commissioner Against Corruption Act 2012 and Crimes Act 1914.
2 After paragraph 90LC(5)(c)
Inserts the Independent Commissioner Against Corruption Act 2012 and Crimes Act 1914.
Repeal definition of Crime and Misconduct Commission
20 Subsection 6(1) (definition of Crime and Misconduct
21 Subsection 6(1)
Definition of law enforcement officer modified
22 Subsection 6(1) (definition of federal law enforcement
Definition of law enforcement officer changed
Repeal definition of Integrity Commissioner
23 Subsection 6(1) (definition of Integrity Commissioner)
Repeals definition of law enforcement agency and substitutes with a new definition.
24 Subsection 6(1) (definition of law enforcement agency)
Repeals definition of law enforcement officer and substitutes with a new definition.
25 Subsection 6(1) (definition of law enforcement officer)
Repeal definition of New South Wales Crime Commission
26 Subsection 6(1) (definition of New South Wales Crime
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.68
Repeal definition of Police Integrity Commission
27 Subsection 6(1) (definition of Police Integrity Commission)
28 Subsection 6(1) (definition of State or Territory law
29 Section 6A
Repeal paragraphs and substitute with specific agencies.
3 Subsection 3ZQU(7) (paragraphs (b) to (g) of the definition
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.73
Authorisation taken into force upon commencement
30 Savings provision—authorisations
Temporal relation between authorisation and commencement
Authorisation made under subsection 6A(5)
Section 6A(5) of the Surveillance Devices Act 2004
31 Paragraph 45(5)(h)
Inserts Independent Commissioner Against Corruption of South Australia or ComLaw Authoritative Act C2015A00153 into Schedule 1
32 After paragraph 355-70(4)(k) in Schedule 1
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.74
Amendment applies to records and disclosures made on or after commencement.
33 Application of amendments—Taxation Administration Act
Repeal of paragraph (f) in the case of the Crime and Corruption Commission
34 Subsection 5(1) (paragraph (f) of the definition of
Repeal of paragraph (f) and substitution with the chairman of the Commission
35 Subsection 5(1) (paragraph (f) of the definition of chief
Repeal and substitute a paragraph in the definition of Commissioner regarding the Crime and Corruption Commission.
36 Subsection 5(1) (paragraph (b) of the definition of
Imposes an obligation to repeal a paragraph.
37 Subsection 5(1)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.75
Repeal definition of Crime and Misconduct Act
38 Subsection 5(1) (definition of Crime and Misconduct Act)
39 Subsection 5(1) (definition of Crime and Misconduct
Add “or” to definition of law enforcement agency
4 Section 85ZL (at the end of paragraphs (a) to (e) of the
40 Subsection 5(1) (paragraph (a) of the definition of deputy
41 Subsection 5(1) (paragraph (c) of the definition of eligible
Omit 'Misconduct' and substitute 'Corruption'
42 Subsection 5(1) (paragraph (f) of the definition of officer)
Repeal of paragraph and substitution with investigation or report under the Crime and Corruption Act.
43 Subsection 5(1) (paragraph (ga) of the definition of
Repeal obligation to maintain the definition of 'permitted purpose'
44 Subsection 5(1) (subparagraph (b)(i) of the definition of
Replace 'Misconduct' with 'Corruption' in the definition of prescribed investigation.
45 Subsection 5(1) (paragraph (d) of the definition of
Prohibits replacing 'Misconduct' with 'Corruption'
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.76
46 Subsection 5(1) (paragraph (f) of the definition of relevant
47 Paragraph 5B(1)(kb)
48 Subparagraph 6A(1)(c)(iii)
49 Paragraph 6L(2)(c)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.64
Repeal of paragraphs and substitution with new enforcement agencies.
5 Section 85ZL (paragraphs (f) and (g) of the definition of law
Omit 'Misconduct' and substitute 'Corruption'.
50 Paragraph 39(2)(f)
51 Paragraph 68(h)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.77
52 Subsection 5(1) (paragraph (i) of the definition of
53 Paragraph 110A(1)(j)
6 Section 85ZL (at the end of paragraphs (h) and (j) of the
6A Law enforcement agencies
Law enforcement agencies are defined as bodies or officers mentioned in an item of column 1 of the table.
6A(1) Law enforcement agencies
Body or officer is a law enforcement agency
The chief officer of the law enforcement agency is the person mentioned in column 2 of the item.
6A(2) Law enforcement agencies
Identifies the chief officer as a person with a specific role.
Law enforcement officer is a person mentioned in column 3 of the item.
6A(3) Law enforcement agencies
Law enforcement officer is part of the law enforcement agency during their employment.
Temporal relationship between law enforcement officer and law enforcement agency
A law enforcement officer, in relation to the law enforcement agency, is a person mentioned in column 3 of the item.
Law enforcement agency has a specific definition.
Authorising officer must be a person mentioned in column 4 of the item.
6A(4) Law enforcement agencies
Must be a person mentioned in column 4 of the item.
Authorise a person to be an appropriate authorising officer of the agency.
6A(5) Law enforcement agencies
...a person to be an appropriate authorising officer of the agency if column 4 of the item so provides.
Specify a temporal interval for authorization.
(5) The chief officer of the law enforcement agency may authorize...
Grant permission to act as an authorising officer.
Authorises the chief officer to authorise certain personnel.
6A(6) Law enforcement agencies
Temporal relationship between authorisation and chief officer's power
The chief officer authorises the personnel before the end of subsection (5).
Implication between authorisation and chief officer's power
If the chief officer authorises the personnel, then they have the necessary authority.
The chief officer authorises the personnel.
Diffusion of authority from chief officer to personnel
The chief officer's power diffuses to the personnel.
Repeal and substitute paragraph (k) with new definitions for commission officers.
7 Section 473.1 of the Criminal Code (paragraph (k) of the
8 Subsection 13A(6) (definition of authorised officer)
9 Subsection 13A(6) (definition of enforcement agency)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.78
1 Section 15GC (before paragraph (a) of the definition of
Omit specified phrase from definition of appropriate authorising officer
2 Section 15GC (paragraph (a) of the definition of appropriate
Authority to conduct operation was granted
Prohibit alteration of criminal offences
3 At the end of subsection 15GO(5)
Must refer application for variation of authority to Commissioner or Deputy Commissioner under certain conditions.
4 After subsection 15GQ(1)
An authorising officer must not vary an authority on their own initiative.
5 At the end of section 15GQ
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.79
Amendments apply to variations granted on or after the commencement day.
6 Application
Exempts controlled operations from amendments.
7 Savings provision
Controlled operation varied before commencement.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.80
Add conjunctions at the end of paragraphs for consistency with current drafting practice.
1 At the end of paragraphs 23(1)(b) and 23A(1)(b)
Consistency with current drafting practice
2 Paragraph 24(1)(c)
Computer game not subject to conditional cultural exemption in Australian Capital Territory
3 After paragraph 24(1A)(b)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.12
Repeal subsection 70.2(1A) of the Criminal Code and substitute with new provisions.
1 Subsection 70.2(1A) of the Criminal Code
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.13
Insertion of '(whether or not the person or persons are alive)' after 'persons'
1 Paragraph 268.74(1)(a) of the Criminal Code
Specify who is not taking an active part in hostilities for the purpose of subsection (1)
2 Subsections 268.74(2) and (3) of the Criminal Code
(a) are hors de combat; (b) are civilians, medical personnel or religious personnel who are not taking an active part in the hostilities; (c) are dead
To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes...
Civilians, medical personnel or religious personnel who are not taking an active part in the hostilities
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.14
Forced marriage defined as a marriage where one party did not freely and fully consent.
1 Subsection 270.7A(1) of the Criminal Code
Marriage without free and full consent is a crime.
Prohibits marriage where one party did not freely and fully consent.
Prohibits marriage where one party was coerced, threatened or deceived into it.
Coercion, threat or deception in marriage is a crime.
Omit specified text from Criminal Code subsection.
2 Subsection 270.7A(3) of the Criminal Code
Addition to section 270.7A of the Criminal Code
3 At the end of section 270.7A of the Criminal Code
4 Subsection 270.7B(1) of the Criminal Code (paragraph (a) of
5 Subsection 270.7B(1) of the Criminal Code (paragraph (b)
Prohibits omitting '4 years' and substituting '7 years'
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.15
6 Subsection 270.7B(2) of the Criminal Code (paragraph (a) of
7 Subsection 270.7B(2) of the Criminal Code (paragraph (b)
8 Dictionary in the Criminal Code (definition of forced
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.16
Duty to consider deterrent effect on other persons
1 After paragraph 16A(2)(j)
There is an overlap between the two intervals
The sentence or order under consideration may have an effect on other persons at some point
If considering the deterrent effect, then there are other consequences
Considering the deterrent effect may lead to other consequences
Consider the deterrent effect on other persons
The deterrent effect spreads to other persons
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.21
10 Section 19AB
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.22
11 Subsections 19AC(1) and (2)
12 Subsections 19AC(4) and (5)
A court may decline to make a recognizance release order if certain conditions are met.
12(4) Subsections 19AC(4) and (5)
Temporal relation between court's obligation to decline recognizance release order and conditions
...and (ii) the antecedents of the person;
Justification for declining recognizance release order based on conditions
(i) the nature and circumstances of the offence or offences concerned;...
Court obligation to decline recognizance release order
Propagation of conditions for declining recognizance release order through court's obligation
Court must state reasons for declining recognizance release order and record them.
12(5) Subsections 19AC(4) and (5)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.23
13 Subsection 19AG(5) (paragraph (a) of the note)
Making certain recognizance release orders is prohibited.
14 Subsection 19AG(5) (after paragraph (c) of the note)
15 Subsection 20(6)
Amendments apply to federal sentences imposed on or after commencement.
16 Application of amendments
Amendments apply to sentences imposed on or after commencement.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.17
16AC Reduction for cooperation with law enforcement agencies
Must cooperate with law enforcement agencies
16AC(1) Reduction for cooperation with law enforcement agencies
Reason for sentence reduction, alternative sentence.
Court must state reason for sentence reduction and specify alternative sentence.
16AC(2) Reduction for cooperation with law enforcement agencies
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.24
17 After section 19AH
Sentencing order must be free from errors of a technical nature, defects of form, and ambiguities.
17(1) After section 19AH
Error, defect or ambiguity does not affect the validity of a sentence imposed on the person.
17(2) After section 19AH
Sentence validity overlaps with errors, defects or ambiguities.
Describes the relationship between errors, defects or ambiguities and sentence validity over time.
Errors, defects or ambiguities are mentioned in subsection (1).
The system recognizes the relationship between errors, defects or ambiguities and sentence validity.
States that the system recognizes the relationship between errors, defects or ambiguities and sentence validity.
Errors, defects or ambiguabilities are mentioned in subsection (1).
There is an obligation to ensure sentences are valid despite errors, defects or ambiguities.
The validity of a sentence is unaffected by errors, defects or ambiguities.
The effect of errors, defects or ambiguities on sentence validity is diffused.
States that the effect of errors, defects or ambiguities on sentence validity is diffused.
The validity of sentences is unaffected by errors, defects or ambiguities.
States that errors, defects or ambiguities do not affect the validity of sentences.
Court may amend sentencing order on its own initiative.
17(3) After section 19AH
Court has the power to amend sentencing order.
Court must rectify error, defect or ambiguity in sentencing order on application.
17(4) After section 19AH
Obligation to rectify error, defect or ambiguity.
Court may amend sentencing order regardless of original court composition.
17(5) After section 19AH
Right of appeal against a sentence is unaffected by amendment of sentencing order.
17(6) After section 19AH
Right of appeal is unaffected by amendment.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.25
Amendment applies to sentencing orders made before, on or after commencement.
18 Application of amendments
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.26
19 Before section 19AL
19AB When court must fix non-parole period
Court must fix non-parole period for federal sentences.
19AB(1) When court must fix non-parole period
19AB(2) When court must fix non-parole period
Amendment applies to determining sentences or orders after commencement.
2 Application of amendments
Amendment applies to specified contexts.
20 After section 19AL
The Attorney-General may have regard to various matters when making a decision under section 19AL.
20(1) After section 19AL
The Attorney-General considers matters during the decision-making process.
The Attorney-General is required to make decisions under section 19AL.
The Attorney-General may have regard to various matters when making a decision.
The Attorney-General may consider various matters when making a decision.
The Attorney-General has knowledge of the relevant matters that are known to them and relevant to the decision.
The Attorney-General has knowledge of the relevant matters.
The Attorney-General must have regard to various matters when making a decision.
The Attorney-General has a duty to consider relevant matters when making a decision.
The Attorney-General may be known to have regard for various matters when making a decision.
The Attorney-General may know the relevant matters.
Attorney-General may consider additional matters in decision-making.
20(2) After section 19AL
Permission to consider additional matters.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.27
Parole order and licence affect sentence duration
21 Before section 19AQ
Imposes duty on the state to ensure parole order and licence are not revoked
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.28
22 Section 19AZC
Insert subdivision C—State and Territory laws providing for leave of absence, pre-release etc.
23 Before section 19AZD
Insert subdivision D—Discharge without conviction, conditional release and sentencing alternatives
24 Before section 19B
Amendments apply to decisions made on or after commencement.
25 Application of amendments
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.29
Repeal notes and substitute with new note.
26 Subsection 19AL(1) (notes 1, 2 and 3)
See subsection (5) if subject to a State or Territory sentence.
27 At the end of paragraph 19AL(2)(b)
Compliance with parole conditions is mandatory.
28 At the end of subsection 19AL(3)
29 Subsection 19AL(4)
Subsections (5) and (6) apply if the person is subject to a State or Territory sentence.
29(4) Subsection 19AL(4)
The Attorney-General is not required to make a parole order under certain conditions.
29(5) Subsection 19AL(4)
Condition during which parole order is not required
(5) The Attorney-General is not required to make, or to refuse to make, a parole order under subsection (1) or paragraph (2)(b)...
(5) The Attorney-General is not required to make, or to refuse to make, a parole order...
Condition until which parole order is not required
Omit certain sections from the Crimes Act 1914.
3 Clause 1 of the Schedule
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.30
Amendments apply to federal sentences under certain conditions.
30 Application of amendments
Savings provision for parole orders and decisions made under section 19AL of the Crimes Act 1914.
31 Savings provision
has effect, from that commencement, as if it had been made under that section as amended by this Part.
Applies to parole orders and decisions with a start date before the commencement.
(1) A parole order: ... has effect, from that commencement, as if it had been made under that section as amended by this Part.
Presumes effect of parole order or decision from commencement.
(2) A decision: ... has effect, from that commencement, as if it had been made under that section as amended by this Part.
Applies to parole orders and decisions with a recurring nature.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.31
32 After subsection 19AL(3)
Substitute subsection 19AL(3A) for a specific condition.
33 Subparagraph 19AM(1)(a)(ii)
Amendments apply to parole orders made on or after commencement.
34 Application of amendments
Specifies temporal interval for application
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.32
35 Subsection 19AN(1)
36 Subsections 19AN(2) and (3)
37 Subsections 19AP(8) and (9)
38 After section 19AP
The Attorney-General may amend a parole order or licence.
38(1) After section 19AP
Attorney-General has the power to amend.
Attorney-General may amend parole order or licence to rectify errors, defects or ambiguities.
38(2) After section 19AP
Notice of amendment to parole order or licence is required for it to take effect.
38(3) After section 19AP
The state must provide notice of amendment.
Amendment of parole order or licence takes effect from the date of effect of the parole order or licence.
38(4) After section 19AP
Specifies the temporal relationship between amendment and effect date.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.33
Amendments apply to parole orders or licences made before, on, or after commencement.
39 Application of amendments
Definition of confiscation proceedings affected by subsection 16AC(5)
4 Subsection 3(1)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.34
40 Subparagraph 20(1)(a)(iii)
Subject to supervision of a probation officer
41 Subparagraph 20(1)(a)(iv)
Condition for undertaking counselling, education or treatment program
42 At the end of paragraph 20(1)(a)
43 After subsection 20(1)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.35
Definitions for participating State and Territory
44 Subsection 3(1)
Substitute 'this Act' for 'section 20AB'
45 Subsection 3B(2)
Imposes a duty on the legislative body to make the substitution
A court may pass a sentence or make an order in respect of a person convicted before the court in a participating State or Territory of a federal offence.
46 Subsection 20AB(1)
A court may pass a sentence or make an order.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.36
Replace 'subsection (1)' with 'paragraph (1)(b)'
47 Subsection 20AB(1A)
Amendments apply in relation to determining sentences or orders after commencement.
48 Application of amendments
Regulation made for specific purposes has effect from commencement as if amended
49 Savings provision—regulation
5 After section 16AB
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.19
Attorney-General may have regard to cooperation with law enforcement agencies and serious medical conditions.
6 After subsection 19AP(4)
7 Section 21E
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.20
8 Subsection 19AA(1)
Federal law applies to remission or reduction of federal sentences in prisons of the same State or Territory.
8(1) Subsection 19AA(1)
Temporal applicability of federal law to remission or reduction of federal sentences
Applicability of federal law to remission or reduction of federal sentences
Law does not remit or reduce non-parole period.
8(1A) Subsection 19AA(1)
...the federal sentence (except as provided for by subsection (4)).
Non-parole period overlaps with federal sentence.
(1A) However, the law does not remit or reduce...
Law classifies non-parole period as a cogent AI concept.
Law implies obligation to not remit or reduce non-parole period.
Law implies diffusion of non-parole period to federal sentence.
Non-parole period is contained within federal sentence.
Amendment applies in relation to federal sentences imposed on or after commencement of this item.
9 Application of amendments
Amendment applies to federal sentences imposed on or after commencement of this item.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.37
Defines 'State transfer law' for a State.
1 Subsection 3(1)
Insertion of 'or remand prisoner' after 'prisoner'
2 Subsections 17(1), (2) and (3)
Compliance with transfer order sufficient if delivered into custody of authorized escort.
3 After subsection 17(3)
Compliance with transfer order sufficient.
4 Subsection 17(4)
Insert 'or remand prisoner' after 'prisoner'
5 Subsection 26(2)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.38
Insert clause after Division 9 of Part IB
1 After Division 9 of Part IB
20BZ Definitions
Request for information from a relevant person or prescribed person Authorized officer may disclose federal offender information under certain circumstances.
20BZ(1) Definitions
The temporal interval for requesting information is not specified
Temporal interval for requesting information
The officer may request the information at any time
The officer infers the relevance of the requested information
The relevant person or prescribed person must give the officer the requested information
The officer reasonably believes the information is relevant
There is no spread of requesting information
The officer's request for information spreads to other relevant persons
There is no recurring trace of requesting information
Recurring trace of requesting information
The officer may request the information repeatedly
Request does not need to be in writing. Authorized officer may disclose federal offender information to a person prescribed by regulation.
20BZ(2) Definitions
Authorized officer may require information from a relevant person. Applicability of subsections despite other laws
20BZ(3) Definitions
despite any other law of the Commonwealth, a State or a Territory
Must comply with notice to the extent of available information. Defines federal offender information
20BZ(4) Definitions
Applies to a specific domain (federal offenders)
Applicability of subsection (4) despite other laws
20BZ(5) Definitions
(5) Subsection (4) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
Not required to comply with a notice given under subsection (3) to the extent that the information relates to proceedings that have not been finally determined by the court.
20BZ(6) Definitions
Exclude proceedings that have not been finally determined by the court.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.7
Cites this Act as the Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015.
1 Short title
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.8
1 Section 1
2 Commencement
The day after this Act receives the Royal Assent.
2 Section 2
24 December
26 November
27 November
crimes-legislation-amendment-powers-offences-and-other-measures-act-2015.pdf, p.9
Note: This table relates only to the provisions of this Act as originally enacted.
3 Section 3
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
Prohibition on commencement if condition met
4 Section 4
Conditional commencement of Schedule 15 item 53
5 Section 5
6 Section 6
7 Section 7
An Act to amend various Acts relating to the criminal law and law enforcement, and for other purposes
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015