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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation in schedules is amended or repealed according to its terms.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