crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.10
Defines terms for interception warrant information and law enforcement agency.
1 Section 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.14
Repeal section and substitute with new content.
10 Section 102B
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.42
Amendments apply in relation to a request made by the ICC, Tribunal or foreign country.
100 Application of amendments
Obligation to apply amendments in relation to a request.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.44
101 Part ID (simplified outline)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.66
101 Dealing with certain seized property
Defines authorising provision for foreign country or international tribunal requests
102 Subsection 23WA(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.67
Seized item must be evidential material or property of a kind referred to in subsection 99A(a)(iv)
102 Dealing with evidential material and certain property or things
Seizure must occur between certain dates
Must be evidential material or property of a kind referred to in subsection 99A(a)(iv)
(a) property or a thing (the seized item) is seized under a POCA search warrant...
Seized item must be seized by an authorised officer
(c) the seized item is seized by a person (the seizing officer) who is: (i) an authorised officer;
Search warrant must be issued under POCA
(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a crime within the jurisdiction of the ICC;
Report must set out communication of intercepted information to certain entities.
102B Report regarding international requests
List of authorities responsible for investigating or prosecuting crimes within the ICC's jurisdiction
103 Subsection 23WA(1) (at the end of the definition of
List of authorities is a subset of those responsible for ICC-related crimes
104 Subsection 23WA(1) (definition of foreign serious
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.45
105 Subsection 23WA(1)
international tribunal means: ICC; or a War Crimes Tribunal.
ICC has the same meaning as in the International Criminal Court Act 2002.
Omit specified phrase from definition of investigating constable
106 Subsection 23WA(1) (paragraph (a) of the definition of
Request for assistance from foreign country, international tribunal or foreign law enforcement agency
107 Subsection 23WA(1)
Request for assistance is an obligation on the State
The request falls under the class of requests defined in section 28B of the Mutual Assistance in Criminal Matters Act 1987
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.21
Entity can request preservation of stored communications for investigation purposes.
107P Condition for giving a foreign preservation notice
...arrange for the preservation of stored communications.
Requesting preservation is an obligation.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.46
Repeal paragraph (d) of definition of suspect and substitute with new provision.
108 Subsection 23WA(1) (paragraph (d) of the definition of
Prohibits a forensic procedure from being requested by a foreign country, international tribunal or a foreign law enforcement agency.
109 Subsection 23WA(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.15
11 Application and transitional provisions
Repeal subsection, substitute requests by foreign country or law enforcement agency
110 Subsection 23WA(9)
Prohibits requests by foreign country or law enforcement agency
Insertion of a clause in foreign law enforcement agencies
111 Paragraph 23WJ(1)(ib)
International tribunal request for forensic evidence
112 After paragraph 23WJ(1)(ib)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.47
Inform suspect of forensic procedure request from foreign law enforcement agency
113 Subsection 23WJ(6)
Repeal paragraph and substitute with foreign country or international tribunal
114 Paragraph 23WM(2A)(a)
Repeal paragraph and substitute with new schedule
115 Paragraph 23WR(1)(d)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.48
Authorisation required for foreign country or international tribunal requests
116 Paragraph 23WT(1)(ca)
Balance public interest in Australia providing and receiving international assistance in criminal matters against the public interest in upholding the physical integrity of the suspect.
117 Paragraph 23WT(2)(a)
Insertion of agency type for foreign law enforcement agencies
118 Paragraph 23XWR(2)(da)
International tribunal undertakings for forensic evidence
119 After paragraph 23XWR(2)(da)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.16
Substitute 'a magistrate must' for 'the magistrate must'
12 Subsection 66(2)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.49
120 Paragraph 23XWU(1)(d)
Constable has been authorised by the Attorney-General
Division does not apply to proceedings in foreign countries or international tribunals.
121 Section 23YBA
Prohibits division application to foreign countries or international tribunals.
Prohibits application of Division to foreign evidence
122 Section 23YBB
Prohibition on committing crimes outside Australia
123 Subsection 23YDAC(1) (after paragraph (aa) of the
No crime can be committed outside Australia
Prohibits committing crimes outside Australia
Crime within the jurisdiction of the ICC or War Crimes Tribunal offence
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.50
Repeal paragraph and substitute with new obligation to assist foreign country or international tribunal.
124 Paragraph 23YDAE(2)(da)
Insertion of International Criminal Court Act 2002 and International War Crimes Tribunals Act 1995 after Mutual Assistance in Criminal Matters Act 1987
125 Paragraph 23YDAE(2)(e)
Provide a copy of anything made to a foreign country or tribunal if a forensic procedure is carried out as a result of a request.
126 Subsection 23YF(1) (note 1)
Sections 23YI to 23YK do not apply in certain foreign proceedings.
127 Section 23YKA
Prohibits application of sections 23YI to 23YK in certain foreign proceedings.
Repeal paragraph, substitute with new assistance to international courts and tribunals provision.
128 Paragraph 23YO(2)(da)
Replace existing paragraph with new one.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.51
129 Paragraph 23YO(2)(e)
Omit 'to the magistrate', substitute 'to that magistrate'.
13 Subsection 66(2)
130 Paragraph 23YO(3)(d)
Repeal heading and substitute with new text.
131 Division 9A of Part ID (heading)
Authorisation required for carrying out forensic procedure on a person.
132 Subdivision A of Division 9A of Part ID
The application must be made during the authorisation period.
An authorised applicant must apply to a magistrate for the carrying out of the forensic procedure on the person within a specified timeframe.
An authorised applicant must apply to a magistrate for the carrying out of the forensic procedure on the person.
Requires authorisation from the Attorney-General.
A request is made by a foreign country or an international tribunal for a forensic procedure to be carried out on a person.
Authorisation from the Attorney-General is required.
The Attorney-General authorises, under the authorising provision relating to the request, an authorised applicant to apply to a magistrate for the carrying out of the forensic procedure on the person.
The Attorney-General must authorise the request.
A foreign country or an international tribunal (the requesting entity) requests a forensic procedure to be carried out on a person.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.52
Request for investigating or prosecuting a crime or offence within the jurisdiction of an international tribunal.
133 At the end of section 23YQC
Investigating or prosecuting a crime or offence within the jurisdiction of the tribunal.
Temporal interval: Request -> Investigate/Prosecute
Request by an authority or person responsible
Recognition of request by international tribunal
Class hierarchy: Request -> Investigate/Prosecute
Diffusion of request to international tribunal
Validation of request against international tribunal rules
Prevents orders made in response to foreign country or international tribunal requests from being included.
134 Subsection 23YUB(1A)
Prohibition of including orders made in response to foreign country or international tribunal requests.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.53
135 Section 4
136 After Division 10 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.55
137 Section 4
138 Before Division 2 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.57
Amendments apply to requests made by ICC, Tribunal, foreign country or law enforcement agency.
139 Application of amendments
Must apply to requests made by ICC, Tribunal, foreign country or law enforcement agency.
Omit 'the magistrate may', substitute 'a magistrate may'.
14 Subsection 66(3)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.58
140 Section 4
141 Section 4 (definition of evidential material)
Classifies the term into a hierarchical structure
142 Section 4 (definition of monitoring order)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.25
Conditions for communication of information obtained through international assistance application
142A Communicating information obtained as a result of an
Duty to communicate information under certain conditions
143 Section 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.59
Repeal definitions of production order and property tracking document.
144 Section 4
Definition of responsible enforcement agency head
145 Section 4
146 Section 4
Insertion of '(a proceeds request)' after 'a request'
147 Paragraph 81(a)
148 At the end of Subdivision A of Division 14 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.60
149 Subsection 82(1)
15 Subsection 66(3)
150 Subsection 82(1)
151 Subsection 82(2)
152 Paragraph 82(5)(a)
153 Paragraph 82(5)(b)
Omit specified sections and substitute with new ones.
154 Paragraph 82(5)(e)
155 Section 85
Authorized officer may apply for production order under the Proceeds of Crime Act.
156 Subsection 86(1)
Authorized officer may apply for production order.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.61
157 Paragraph 86(3)(a)
Repeal certain paragraphs and substitute with new ones.
158 Paragraphs 86(3)(b) and (c)
159 Subsection 88(1)
A senior police officer must be used instead.
Prohibits the Attorney-General or senior Departmental officer from taking a certain action.
The text omits 'The Attorney-general or a senior Departmental officer',
Amendments apply to requirements made on or after commencement.
16 Application of amendments
Requires state to comply with amendment.
160 Subsection 88(2)
Repeal subsection, substitute senior police officer definition
161 Subsection 88(3)
162 Subsection 90(2)
163 Section 93
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.27
Report must provide information on communications with foreign countries, International Criminal Court, and War Crimes Tribunal.
163A Report regarding international requests
Repeal penalty, substitute with imprisonment or penalty units
164 Section 93 (penalty)
165 Section 93 (note)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.62
Exemption from subsection (1) under certain conditions.
166 At the end of section 93
Granting permission under specific conditions.
The person takes all reasonable steps to provide the information or document within the period.
167 Section 94
Authorized officer may apply for monitoring order under Proceeds of Crime Act.
168 Subsection 95(1)
Authorized officer has obligation to apply for monitoring order.
169 Paragraph 95(3)(a)
17 Subsection 28(2)
Repeal of heading and substitution with new text
170 Subdivision F of Division 14 of Part 4 (heading)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.63
171 Section 97
Authorized officer may apply for search warrant under Proceeds of Crime Act.
172 Subsection 98(1)
Authorized officer may apply for search warrant.
173 Subsection 98(2)
Repeal certain sections and substitute with new provisions.
174 Subsection 98(3)
Repeal section and substitute with Schedule 1 Assistance to international courts and tribunals
175 Section 99
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.65
Omit certain language from a search warrant
176 Subsection 100(1)
Prohibits omitting certain language from a search warrant
177 Subsection 100(2)
Substitute term in enforcement agency head
178 Subsections 100(3) and (4)
Property seized under POCA search warrant is exempt from this section.
179 Subsection 100(5)
Exempts property seized under POCA search warrant from this section.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.17
18 Subsection 28(2)
Prohibits the use of 'to the magistrate'
180 Section 101 (heading)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.29
Authorisation for access to existing information or documents enforcing foreign or international laws
180A Authorisations for access to existing information or
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.34
180B Authorisations for access to prospective information or
Imposes a duty on the state to enforce international laws
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.30
Authorisation to disclose information or documents for enforcing foreign or international laws.
180C Authorisations to disclose information or documents—
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.31
Disclosing information etc. to foreign countries or foreign law
180E Disclosing information etc. to foreign countries or foreign law
Property must be dealt with in accordance with this section if seized under a POCA search warrant.
181 Subsection 101(1)
Property must be dealt with in accordance with this section.
182 Paragraph 101(2)(a)
183 Paragraph 101(2)(b)
Omit specific phrase from enforcement agency head
184 Subsection 101(2)
Omit certain language regarding enforcement agency heads
185 Subsection 101(3)
Remove reference to 'head of enforcement agency' and replace with 'responsible enforcement agency head'.
186 Subsection 101(5)
Omit specific phrase from enforcement agency heading.
187 Subsection 101(5)
Court may order responsible agency head to retain property for as long as required.
188 Subsection 101(6)
189 Subsection 101(7)
19 Subsection 28(3)
Substitution of terms in subsection 101(7)
190 Subsection 101(7)
191 Section 102
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.68
Permits electronic transmission of an order as equivalent to an authenticated copy.
192 Subsection 153(3)
Identifies the key elements in the provision.
Repeal subsection, substitute with new provision
193 Subsection 154(3)
Omit “in a court specified in the notice”.
194 Subsection 155(2)
195 Subsection 155(3)
Application for registration of order must be to a court with proceeds jurisdiction.
196 Before subsection 156(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.69
Omit specific phrase from court proceedings
197 Subsection 156(1)
198 Subsections 156(5) and (6)
A copy sent by fax, email or other electronic means is taken for the purposes of subsection (4) to be the same as the authenticated copy.
198(5) Subsections 156(5) and (6)
A copy sent by fax, email or other electronic means is taken for the purposes of subsection (4) during the purpose of subsection (4).
(5) A copy sent by fax, email or other electronic means of an authenticated copy of an order is taken for the purposes of subsection (4)
Registration ceases to have effect after 45 days unless authenticated copy is filed.
198(6) Subsections 156(5) and (6)
Application and transitional provisions—general
199 Application and transitional provisions—general
Insert clause after Division 5 of Part 4
2 After Division 5 of Part 4
20 Subsection 28(3)
Amendments apply in relation to search warrants
200 Application and transitional provisions—search warrants
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.71
201 Section 4
202 Section 4 (definition of evidential material)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.72
Defines terms related to financial institutions and property
203 Section 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.73
204 At the end of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.86
205 Subsection 44(1)
206 Subsection 44(2)
207 Before subsection 45(1)
Omit certain phrase from court proceedings
208 Subsection 45(1)
Permits electronic transmission of sealed copies for certain purposes.
209 Subsection 45(3)
21 Application of amendments
Ceases effect after 45 days unless sealed copy is filed
210 Subsection 46(2)
Prohibits effect after 45 days unless sealed copy is filed
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.87
211 Paragraph 46A(1)(a)
Amendments apply in relation to proceeds requests made by Tribunals to the Attorney-General.
212 Application of amendments
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.88
Obligation to assist in investigation and prosecution of crimes within ICC jurisdiction and Tribunal offences.
213 After paragraph 313(3)(ca)
Obligation to assist in investigation and prosecution.
214 After paragraph 313(4)(ca)
Crimes within ICC jurisdiction and Tribunal offences occur within the same temporal interval.
Temporal interval of crimes within ICC jurisdiction and Tribunal offences.
Crimes within ICC jurisdiction and Tribunal offences have a temporal relationship.
Crimes within ICC jurisdiction and Tribunal offences are cognized temporally.
Temporal cognition of crimes within ICC jurisdiction and Tribunal offences.
Crimes within ICC jurisdiction and Tribunal offences diffuse temporally.
Temporal diffusion of crimes within ICC jurisdiction and Tribunal offences.
Crimes within ICC jurisdiction and Tribunal offences form a temporal trace.
Temporal trace of crimes within ICC jurisdiction and Tribunal offences.
Amendments apply in relation to giving help on or after commencement.
215 Application of amendments
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.18
Defines 'carrier' for telecommunications purposes.
22 Section 4
Omit “police force of a State or Territory”, substitute “police force or police service of a State”.
23 Section 4 (paragraph (b) of the definition of police officer)
Prohibition on using outdated terminology
Defines stored communication as in the Telecommunications (Interception and Access) Act 1979.
24 Section 4
stored communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Insert clause after Division 11 of Part 4
25 After Division 11 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.12
25A Authorising provision of material obtained by law enforcement
Authorisation to provide material to a Tribunal
25A(1) Authorising provision of material obtained by law enforcement
the material overlaps with the proceeding
the request relates to a proceeding before, or an investigation conducted by, the Tribunal
Authorisation for material use by the Tribunal
25A(2) Authorising provision of material obtained by law enforcement
Material lawfully obtained in Australia includes material obtained by consent or with a warrant.
25A(3) Authorising provision of material obtained by law enforcement
Material lawfully obtained in Australia includes material obtained from individuals or entities by consent and material obtained by warrant within a specific time frame
(3) Material lawfully obtained in Australia includes: (a) material obtained from individuals or entities by consent; and (b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.
Material lawfully obtained in Australia includes material obtained from individuals or entities by consent
(3) Material lawfully obtained in Australia includes: (a) material obtained from individuals or entities by consent; and
Material lawfully obtained in Australia includes material obtained by warrant
(3) Material lawfully obtained in Australia includes: (b) material obtained by warrant, or the exercise of a coercive power by a court, in Australia for the purposes of a domestic investigation or prosecution.
Material lawfully obtained in Australia includes material obtained from individuals or entities by consent and material obtained by warrant
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.19
Defines 'carrier' for purposes of the Act.
26 Section 4
Therefore, the carrier has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Omit 'police force of a State or Territory', substitute 'police force or police service of a State'
27 Section 4 (paragraph (b) of the definition of police officer)
28 Section 4
Insert clause after Division 2 of Part 4
29 After Division 2 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.11
Definitions for law enforcement agency and officer
3 Section 4
Law enforcement officer has the same meaning as in the Surveillance Devices Act 2004.
Law enforcement agency has the same meaning as in the Surveillance Devices Act 2004.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.20
Defines terms for international cooperation in criminal matters
30 Subsection 5(1)
Repeal definition of mutual assistance application
31 Subsection 5(1) (definition of mutual assistance
Definition of serious foreign contravention
32 Subsection 5(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.38
32A Authorising applications for surveillance device warrants
Authorise eligible law enforcement officer to apply for surveillance device warrant under section 14 of the Surveillance Devices Act 2004.
32A(1) Authorising applications for surveillance device warrants
Authorises eligible law enforcement officers to apply for surveillance device warrants.
32A(2) Authorising applications for surveillance device warrants
Identifies the subject of the obligation.
Authorisation to apply for carrying out of forensic procedures
32B Authorising application for carrying out of forensic procedures
Temporal relation between request and procedure
Authorisation to carry out forensic procedures
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.56
32C Providing forensic evidence to the Tribunal
The Attorney-General must direct a constable on how to provide forensic evidence.
32C(1) Providing forensic evidence to the Tribunal
A direction under subsection (1) is not a legislative instrument.
32C(2) Providing forensic evidence to the Tribunal
33 Section 5EA
Insertion of new clause after certain foreign laws and international offences
34 Section 107G
Authorise application for stored communications warrant
34A Authorising application for a stored communications warrant
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.33
Attorney-General may authorise disclosure of information or documents under specified conditions.
34B Authorising an authorisation for the disclosure of prospective
Permission to disclose information or documents.
Insertion of additional terms in a definition
35 Section 107G
Repeal section and substitute with new provision
36 Section 107P
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.22
Repeal a subparagraph and substitute it with an obligation to cease access when the warrant ceases to be in force.
37 Subparagraph 107Q(b)(ii)
Request for preservation of stored communications
38 Paragraph 107R(1)(a)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.23
Entity must make access request within 180 days after notice.
39 Paragraph 107R(1)(c)
Insert Schedule 1 Assistance to international courts and tribunals
4 Before Division 1 of Part 4
40 Paragraph 107R(2)(a)
Request for Attorney-General to identify and freeze proceeds of Tribunal offence.
40AA Application of Division
Request made during or before charging with Tribunal offence.
(a) a Tribunal makes a request (a proceeds request) to the Attorney-General for the identification, tracing, and freezing or seizure, of the proceeds of a Tribunal offence; and (b) the Attorney-General is satisfied that a person (the defendant):
Request made if defendant has been convicted by the Tribunal of the Tribunal offence.
(b) the Attorney-General is satisfied that a person (the defendant):
Attorney-General must identify and freeze proceeds.
Obligation to identify and freeze proceeds.
Tribunal makes request for identification of proceeds.
Attorney-General authorises officer to make applications under Proceeds of Crime Act
40AB Authorising applications under the Proceeds of Crime Act
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.74
40AC Applying for and making restraining orders
Authorise a proceeds of crime authority to apply for a restraining order.
40AC(1) Applying for and making restraining orders
...the Attorney-General may authorise...
Establish a temporal relation between events
Authority to apply for restraining order against property
40AC(2) Applying for and making restraining orders
Authority can apply for restraining order
Applying Part 2-1 of the Proceeds of Crime Act 2002 to restraining orders
40AC(3) Applying for and making restraining orders
Applying Part as if certain references are to Tribunal offence or criminal proceeding in respect of it.
40AC(4) Applying for and making restraining orders
the commencement of criminal proceedings is before the reasonable suspicion
it being reasonably suspected that criminal proceedings are about to commence against the person in the Tribunal in respect of a Tribunal offence
references to an indictable offence are references to the Tribunal offence
the State must apply the provisions of That Part as if certain references are to Tribunal offence or criminal proceeding in respect of it.
That Part applies as if certain references are to Tribunal offence or criminal proceeding in respect of it.
the reasonable suspicion is part of a recurring trace of criminal proceedings
Granting permission for varying restraining orders to exclude property interests from the order.
40AD Excluding property from restraining orders
The property was not proceeds of the Tribunal offence.
Temporal relation between the commission and acquisition of property interests
(ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Tribunal offence—the property was not proceeds of the Tribunal offence;
The applicant was not involved in the commission of the Tribunal offence.
(i) the applicant was not, in any way, involved in the commission of the Tribunal offence;
The court must grant the application if...
the court must grant the application if the court is satisfied that...
It is in the public interest to do so having regard to...
Recurring trace between financial hardship and other consequences
having regard to any financial hardship or other consequence of the interest remaining subject to the order.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.75
40AE When restraining order ceases to be in force
Cease to be in force after one month if no charge is made
40AE(1) When restraining order ceases to be in force
(1) If, at the end of the period of 1 month...
Provisions apply when a restraining order ceases to be in force.
40AE(2) When restraining order ceases to be in force
Temporal interval relation between charge withdrawal and charging
if the charge is withdrawn and the person is not charged with a related Tribunal offence within 28 days after the day the Schedule 1 Assistance to international courts and tribunals
(a) a restraining order is made in reliance on a person’s conviction of a Tribunal offence or the charging of a person with such an offence;
(b) a restraining order is made in reliance on the proposed charging of a person with a Tribunal offence and the person is, within 1 month after the making of the order, charged with the Tribunal offence or a related Tribunal offence;
Recurring trace relation between charge withdrawal and charging
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.76
40AF Applying for and making production orders
Authorized officer may apply for production order under Proceeds of Crime Act 2002.
40AF(1) Applying for and making production orders
Applying Part 3-2 of the Proceeds of Crime Act 2002 to production orders
40AF(2) Applying for and making production orders
Applying Part 40AF(3) as if certain references were to the Tribunal offence
40AF(3) Applying for and making production orders
Using 'as if' to modify the application of Part 40AF(3)
40AG Retaining produced documents
An authorised officer must retain a document pending written direction from the Attorney-General.
40AG(1) Retaining produced documents
Directions from the Attorney-General may include a direction that the document be sent to the Tribunal.
40AG(2) Retaining produced documents
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.77
40AH Giving notices to financial institutions
Financial institutions must provide specified information to an authorised officer upon request.
A senior police officer may give a written notice to a financial institution requiring the institution to provide certain information.
40AH(1) Giving notices to financial institutions
The financial institution must provide the specified information.
The senior police officer may give a written notice.
Senior police officer must not issue notice unless reasonably believed required.
40AH(2) Giving notices to financial institutions
(2) The senior police officer must not issue the notice...
Defines a senior police officer for the purposes of giving notices to financial institutions.
40AH(3) Giving notices to financial institutions
A senior police officer covers paragraph 213(3)(a), b) or c of the Proceeds of Crime Act 2002. during their term as a senior police officer.
(3) A senior police officer is a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act 2002.
A senior police officer is defined as a person covered by paragraph 213(3)(a), (b) or (c) of the Proceeds of Crime Act 2002.
40AI Contents of notices to financial institutions
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.78
40AJ Protection from suits etc. for those complying with notices
Protection from suits for those complying with notices
40AJ(1) Protection from suits etc. for those complying with notices
...under a notice under section 40AH or in the mistaken belief that action was required under the notice.
(1) No action, suit or proceeding lies against...
...a financial institution; or...an officer, employee or agent of the institution acting in the course of that person’s employment or agency;
...in the mistaken belief that action was required under the notice.
40AJ(2) Protection from suits etc. for those complying with notices
Making false statements in applications is prohibited.
40AK Making false statements in applications
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.79
Disclosing existence or nature of notice is prohibited after receiving a notice under section 40AH.
40AL Disclosing existence or nature of notice
Disclosing existence or nature of notice is prohibited.
Prohibition of disclosing existence or nature of notice.
Given a notice under section 40AH, the person must not disclose its existence or nature.
The person commits an offence if they disclose the existence or nature of the notice.
Disclosing existence or nature of notice is prohibited in a linear temporal context.
Prohibition of disclosing existence or nature of notice in a linear temporal context.
The person must not disclose the existence or nature of the notice at any point in time.
40AM Failing to comply with a notice
Failing to comply with a notice is an offence.
40AM(1) Failing to comply with a notice
...the period of two years from the date of receipt of the notice.
Defines a temporal interval during which the obligation applies.
...the person fails to comply with the notice.
Prohibits failing to comply with a notice.
Imposes an obligation to comply with the notice.
Grants permission to fail to comply with the notice.
Defines a temporal extension of the obligation.
Exemption from liability for failing to provide information within a specified period
40AM(2) Failing to comply with a notice
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.80
40AN Applying for and making monitoring orders
Authorized officer may apply for a monitoring order under the Proceeds of Crime Act 2002.
40AN(1) Applying for and making monitoring orders
Authorized officer may apply for a monitoring order.
Applying Part 3-4 of the Proceeds of Crime Act 2002 to monitoring orders
40AN(2) Applying for and making monitoring orders
40AN(3) Applying for and making monitoring orders
Pass on information to Attorney-General or APS employee
40AO Passing on information given under monitoring orders
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.81
40AP Applying for and issuing search warrants
Authorized officer must apply for search warrant under specific conditions.
40AP(1) Applying for and issuing search warrants
(1) An authorised officer may apply for a search warrant...
Applying Part 3-5 of the Proceeds of Crime Act 2002 to POCA search warrant applications
40AP(2) Applying for and issuing search warrants
The POCA search warrant is issued during the application period.
POCA search warrant applications are during the application period
(2) Part 3-5 of the Proceeds of Crime Act 2002 applies to the application, and to any POCA search warrant issued as a result.
The Proceeds of Crime Act 2002 applies to the application and POCA search warrant.
Part applies to the application and POCA search warrant
Applying Part as if certain references and omissions apply
40AP(3) Applying for and issuing search warrants
POCA search warrant must state authorisation for seizure of property or thing found during search.
40AQ Contents of POCA search warrants
Must state authorisation for seizure of property or thing found during search.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.82
Seizure of property or things found during a search warrant is prohibited unless certain conditions are met.
40AR Seizure of certain property or things found in the course of
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.83
40AS Return of seized property to third parties
Duty to return seized property to third parties
40AS(1) Return of seized property to third parties
Imposes a duty on the state to return seized property
Court must have proceeds jurisdiction to return seized property.
40AS(2) Return of seized property to third parties
Court has obligation to return seized property
Court order to return seized property to applicant if satisfied certain conditions met.
40AS(3) Return of seized property to third parties
...the responsible enforcement agency head to return the property to the applicant
Temporal interval for return of seized property
Responsible agency head must return seized property to applicant.
40AS(4) Return of seized property to third parties
Exempts property seized under POCA search warrant from section 40AS(5)
40AS(5) Return of seized property to third parties
POCA search warrant and section 40AS(5) overlap on property seizure
Overlaps with POCA search warrant seizure
Section does not apply to property seized under a POCA search warrant
Property is classified as exempt from section 40AS(5)
Classifies property as exempt from section 40AS(5) based on POCA search warrant seizure
Section does not apply to property that has been seized under a POCA search warrant
Prohibits application of section 40AS(5) to certain property
Exemption implies property is not subject to section 40AS(5)
Property of a kind referred to in subparagraph 40AR(a)(iv) or (v)
40AT Dealing with certain seized property
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.85
Seizure of evidential material and certain property under POCA search warrants
40AU Dealing with evidential material and certain property or
Entity must make access request to Attorney-General for access to communications.
41 Paragraph 107R(2)(c)
42 Paragraph 107R(2)(d)
43 Paragraph 107R(3)(a)
Substitute “entity” for “foreign country”.
44 Paragraph 107R(3)(c)
Repeal paragraph, substitute Schedule 1 Assistance to international courts and tribunals
45 Paragraph 116(1)(d)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.24
46 Subsection 116(2)
47 Subsection 116(2A)
Repeal paragraph and substitute with new provision.
48 Paragraph 116(2A)(c)
Substitute 'international assistance application' for 'mutual assistance application'
49 Subsection 139(2)
Defines terms for international courts and tribunals
5 Subsection 6(1)
War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.
International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002.
Repeal paragraph 139(2)(e) and substitute with new provisions.
50 Paragraph 139(2)(e)
Prohibits the authorisation under certain provisions.
Provide information to entity or appropriate authority
51 Subsection 139(4A)
52 Section 142A
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.26
53 Paragraph 151(1)(g)
Replace 'mutual assistance applications' with 'international assistance applications'
54 Paragraph 162(1)(c)
Repeal and substitute a paragraph with an obligation to align international offences.
55 Paragraph 162(1)(d)
56 Paragraph 162(2)(ba)
Substitute international offence with a similar or substantially similar law of the Commonwealth, State or Territory.
57 Paragraph 162(2)(e)
Replace international offence with a similar law.
An international offence for an enforcement agency is defined as an offence against a law of a foreign country, a crime within the jurisdiction of the ICC, or a War Crimes Tribunal offence.
58 At the end of section 162
A stored communications warrant was issued as a result of an international assistance application made by the agency during the year.
Temporal relationship between international assistance application and stored communications warrant issuance
The agency must apply for international assistance during the year.
An international offence for an enforcement agency is defined as...
Artificial intelligence application to classification of international offences
The provision defines the scope of international offences.
An enforcement agency is defined as an entity that must comply with this provision.
Relationship between international offences and enforcement agency actions
The enforcement agency must comply with this provision.
A crime within the jurisdiction of the ICC is defined as...
Temporal relationship between enforcement agency and jurisdiction of ICC
The ICC has jurisdiction over certain crimes.
59 Section 163A
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.13
Authorisation required for communication of information to International Criminal Court or War Crimes Tribunal.
6 At the end of subsection 45(4)
60 Application and transitional provisions
List of authorities responsible for investigating or prosecuting crimes within the jurisdiction of the ICC or War Crimes Tribunal.
61 Subsection 5(1) (at the end of the definition of foreign law
The list of authorities overlaps with the jurisdiction of the ICC.
...or (c) any other authority or person...
The list of authorities is recognized by the enforcement agency.
List of authorities is a subset of the enforcement agency.
The list of authorities diffuses into the definition of foreign law enforcement agency.
...or prosecuting a crime within the jurisdiction...
The list of authorities occurs before the investigation or prosecution of a crime.
62 Section 180A (heading)
Cannot make authorisation unless disclosure is reasonably necessary for specified purposes.
63 Subsection 180A(3)
Temporal interval between disclosure and authorisation
(3) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for:
Prohibition of making authorisation without reasonable disclosure
(a) the enforcement of the criminal law of a foreign country; or (b) an investigation or prosecution of a crime within the jurisdiction of the ICC; or (c) an investigation or prosecution of a War Crimes Tribunal offence.
Authorised officer must satisfy condition before making authorisation
Must not make authorisation unless certain conditions met
64 Subsection 180A(5)
65 Section 180C (heading)
66 Subsection 180C(2)
authorised officer must not make authorisation
Repeal heading and substitute with new heading.
67 Subdivision C of Division 4A of Part 4-1 (heading)
Prohibits disclosure to foreign law enforcement agencies.
68 Section 180E (heading)
68A Communicating information obtained by the Secretary
The Secretary must provide certain information to the Department and foreign countries.
68A(1) Communicating information obtained by the Secretary
Permits communication of information to another person or entity.
68A(2) Communicating information obtained by the Secretary
Insertion of 'or foreign law enforcement agency'
69 Subsection 180E(1)
69A Authorising provision of material obtained by law enforcement
The Attorney-General may authorise the provision of material to the ICC under certain conditions.
69A(1) Authorising provision of material obtained by law enforcement
Authorisation for material provision to ICC
69A(2) Authorising provision of material obtained by law enforcement
Material obtained by law enforcement is considered lawful.
69A(3) Authorising provision of material obtained by law enforcement
Material obtained during a domestic investigation or prosecution.
for the purposes of a domestic investigation or prosecution.
Inclusion in the list of material obtained by law enforcement.
(3) Material lawfully obtained in Australia includes:
Material obtained by warrant, or the exercise of a coercive power by a court.
(b) material obtained by warrant, or the exercise of a coercive power by a court;
Material obtained from individuals or entities by consent is included.
(a) material obtained from individuals or entities by consent;
Definition of War Crimes Tribunal and International Criminal Court
7 Subsection 5(1)
Amendments apply in relation to disclosures on or after commencement
70 Application of amendments
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.32
Defines telecommunications system and communication
71 Section 4
72 Before Division 12 of Part 4
73 Section 4
74 Before Division 3 of Part 4
75 Section 180B (heading)
Authorisation must be made under specific conditions.
76 Subsection 180B(3)
...an investigation or proceeding relating to a War Crimes Tribunal offence;
Temporal overlap between investigations and proceedings.
the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item;
...an investigation or proceeding relating to a crime within the jurisdiction of the ICC;
Knowledge graph representation of investigations and proceedings.
...the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item;
Prohibition of unauthorized authorisation.
The authorised officer must not make the authorisation unless...
Diffusion of information between investigations and proceedings.
the disclosure is appropriate in all the circumstances.
Recurring trace of investigations and proceedings.
Authorisation for carrying out forensic procedures
76A Authorising application for carrying out of forensic procedures
...for an order for the carrying out of a forensic procedure on a person if: (a) the ICC has requested the procedure to be carried out on the person;
(1) The Attorney-General may authorise, in writing...
...the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC;
...a constable to apply under Part ID of the Crimes Act 1914 for an order;
...a constable to apply under Part ID of the Crimes Act 1914...
(1) The Attorney-General may authorise...
...the ICC has requested the procedure to be carried out on the person;
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.54
76B Providing forensic evidence to the ICC
The Attorney-General must direct a constable on how to provide forensic evidence to the ICC.
76B(1) Providing forensic evidence to the ICC
The direction must be given during the authorisation.
(a) the Attorney-General gave an authorisation to the constable under subsection 76A(1); and (b) the forensic evidence resulted from the authorisation.
The Attorney-General must direct a constable.
No legislative instrument can provide direction under subsection (1)
76B(2) Providing forensic evidence to the ICC
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.35
Substitute reasonably necessary for an investigation or proceeding
77 Paragraph 180B(6)(a)
Repeal and substitute a provision for an investigation or proceeding.
78 Paragraph 180B(8)(a)
The Attorney-General may authorise the police to apply for a stored communications warrant.
78A Authorising application for a stored communications warrant
78B Authorising an authorisation for the disclosure of prospective
The Attorney-General may authorise the disclosure of information or documents under certain conditions.
78B(1) Authorising an authorisation for the disclosure of prospective
Avoids disclosure of communication contents
78B(2) Authorising an authorisation for the disclosure of prospective
Defines temporal overlap for 'communication passing over a telecommunications system'
(2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication.
Defines CogAI relation for 'communication passing over a telecommunications system'
Prohibits disclosure of communication contents
Defines diffusion relation for 'communication passing over a telecommunications system'
Defines temporal relation for 'communication passing over a telecommunications system'
79 Application of amendments
Request made by ICC, Tribunal or foreign country
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.37
The Attorney-General may authorise an eligible law enforcement officer to apply for a surveillance device warrant.
79A Authorising applications for surveillance device warrants
Authorisation for provision of information to international courts and tribunals
8 After paragraph 68(l)
Authorisation for provision of information
Definition of eligible law enforcement officer
80 Section 4
Insert clause after Division 12 of Part 4
81 After Division 12 of Part 4
The Attorney-General may authorise an officer to make applications under the Proceeds of Crime Act.
81A Authorising applications under the Proceeds of Crime Act
82 Section 4
83 After Division 1 of Part 4
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.39
Definitions for international assistance application and authorisation.
84 Subsection 6(1)
Repeal definitions of mutual assistance application and authorisation.
85 Subsection 6(1)
Clarifies meaning of 'offence' affected by subsection (5)
86 Subsection 6(1)
Reference to an offence in relation to Schedule 1
87 At the end of section 6
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.40
Law enforcement officer may apply for surveillance device warrant under international assistance authorization.
88 Subsection 14(3A)
Omit 'a mutual assistance authorisation', substitute 'an international assistance authorisation'.
89 Paragraphs 16(1)(ba) and (2)(a)
9 Section 68A
Determine the likely evidentiary or intelligence value of evidence sought to be obtained from an international entity.
90 Paragraph 16(2)(ea)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.41
Repeal and substitute a subparagraph with new obligations related to international assistance authorizations.
91 Subparagraph 17(1)(b)(iiia)
Replace an existing obligation with a new one.
Omit 'a mutual assistance authorisation' and substitute 'an international assistance authorisation'.
92 Paragraph 21(3A)(a)
Repeal of a subparagraph and substitution with the commission of an offence.
93 Subparagraph 21(3A)(b)(i)
94 Paragraph 21(5)(c)
No warrant can be issued for such purposes
Prohibits obtaining evidence of certain matters
Prohibit communication of information to certain entities without proper authorization.
95 Paragraph 45(4)(f)
Insertion of clause (g) after clause (f)
96 Subsection 45(6)
97 Paragraphs 50(1)(aa) and (ea)
Repeal certain offences and substitute with new definitions.
98 Paragraph 50(1)(ia)
Describes temporal overlap with international assistance applications.
in respect of which a warrant was issued as a result of an international assistance application made by or on behalf of law enforcement officers of the agency during the year-
Implies that certain offences are covered by Commonwealth laws.
(if any), under a law of the Commonwealth, a State or a Territory, that is of the same, or a substantially similar, nature;
Includes certain offences in a broader category.
(i) an offence against a law of a foreign country;
Repeal and substitute a specific provision related to international assistance authorizations.
99 Subparagraph 53(2)(c)(iiia)
The matters set out in section 227 of the Proceeds of Crime Act
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.64
POCA search warrant must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant.
99 Contents of POCA search warrants
The temporal interval for the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
Classifies the temporal interval for the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
The seizure of the property or thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.
The obligation to state the matters set out in section 227 of the Proceeds of Crime Act
Classifies the obligation to state the matters set out in section 227 of the Proceeds of Crime Act
The POCA search warrant must state the matters set out in section 227 of the Proceeds of Crime Act
The obligation to authorise the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
Classifies the obligation to authorise the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
The POCA search warrant must state that the warrant authorises the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant.
The trace for the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
Classifies the trace for the seizure of property or a thing found by an authorised officer, or a person assisting in relation to the warrant
Seizure of property or thing found during search is prohibited unless certain conditions are met.
99A Seizure of certain property or things found in the course of
Prohibits seizure of property or thing found during search.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.123
1 After subsection 4(1)
Allowing use of alternative names for 'ACC'
1(1A) After subsection 4(1)
Subsection (1A) does not limit subsection 7(1A).
1(1B) After subsection 4(1)
Omit 'a name', substitute 'one or more names or acronyms'
2 Subsection 7(1A)
3 At the end of subsection 7(1A)
Allowing self-reference by replacing 'ACC' with a specified name or acronym.
4 After subsection 7B(1)
The Board may refer to itself by the specified name or acronym at some point in time.
The specified name or acronym overlaps with ACC at some point in time.
The Board may refer to itself by the specified name or acronym.
If ACC is a subclass of the specified name or acronym, then the Board may refer to itself by that name.
The Board is permitted to refer to itself by a specified name or acronym.
The specified name or acronym diffuses to ACC.
The Board holds the power to refer to itself by a specified name or acronym for all time.
Replaces 'ACC' with a specified name or acronym
5 At the end of section 37
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.125
1 Subsection 4(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.127
10AA Matters covered by the AusCheck scheme—background
The AusCheck scheme may make provision for and in relation to certain information.
10AA(1) Matters covered by the AusCheck scheme—background
Specifies a class of background checks for the AusCheck scheme.
10AA(2) Matters covered by the AusCheck scheme—background
2 After section 5
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.126
Addition to check for accreditation of individual in relation to major national event.
3 At the end of subsection 8(1)
Background checks must be conducted for specific purposes.
4 After subsection 8(2)
Obligation to conduct background checks.
Defines term with same meaning in subsection (2A) and the Constitution.
5 At the end of section 8
Term used in subsection (2A) and the Constitution
5A Declaration of major national events
5A(1) Declaration of major national events
Minister must satisfy national interest before making declaration
5A(2) Declaration of major national events
Declaration must be in national interest
Minister has a duty to satisfy national interest
Consideration of factors when making a declaration under subsection (1)
5A(3) Declaration of major national events
...and (e) the anticipated attendees at the event;
Temporal relationship between declaration and security incident
(d) the potential impact of any security incident relating to the event on Australia’s reputation; and (e) the anticipated attendees at the event.
...and (c) any risk assessment relating to the event;
Use of AI in security incident assessment
(c) any risk assessment relating to the event.
(3) In considering whether to make a declaration under subsection (1)
...with one or more States or Territories or one or more foreign governments;
Coordination of security arrangements with other entities
through coordination with other entities
(b) the need (if any) to coordinate security arrangements in relation to the event with one or more States or Territories or one or more foreign governments.
6 After section 10
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.89
1 Subsection 3(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.92
Prohibit use of term 'warrant' in favor of 'POCA search'
10 Subsection 34ZD(2)
11 Subsection 34ZD(3)
Omit 'proceeds or an instrument', substitute 'tainted property'.
12 Paragraph 34ZD(3)(b)
Replace 'head of the authorised officer’s enforcement agency' with 'responsible enforcement agency head'.
13 Subsection 34ZD(4)
The new term is 'responsible enforcement agency head'.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.93
14 Subsection 34ZD(5)
Prohibits application to seized property
15 Section 34ZE (heading)
Property must be dealt with in accordance with this section if seized under a POCA search warrant for a foreign serious offence.
16 Subsection 34ZE(1)
Property seized under POCA search warrant for foreign serious offence falls within this section
Property has been seized under a POCA search warrant for a foreign serious offence.
Obligation to deal with property in accordance with this section
Property must not be evidential material or of kind referred to in subsection 34ZCA(a)(iv) or (v)
Property not evidential material or of kind referred to in subsection 34ZCA(a)(iv) or (v)
Property is not evidential material or of kind referred to in subsection 34ZCA(a)(iv) or (v).
Property must be dealt with in accordance with this section if seized under POCA search warrant for foreign serious offence
This section contains property seized under POCA search warrant for foreign serious offence
17 Subsections 34ZE(2), (3) and (5)
18 Subsection 34ZE(5)
Omit 'head of the enforcement agency' and substitute 'responsible enforcement agency head'.
19 Subsection 34ZE(6)
Remove the term 'head of the enforcement agency'
2 Subsection 3(1) (definition of evidential material)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.94
20 Subsection 34ZE(7)
Substitute ‘responsible enforcement agency head’.
Omit ‘head of the enforcement agency whose authorised officer seized it’.
21 Subsection 34ZE(7)
Omit 'head of the enforcement agency must'
Responsible enforcement agency head must
22 Section 34ZF
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.95
Amendments of MACM Act apply to POCA search warrants issued on or after commencement.
23 Application provisions
Requires relation between identifiable temporal intervals
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.96
Must substitute a Magistrate or eligible Federal Circuit Court Judge
24 Paragraph 13(2)(b)
Omit 'by the Magistrate', substitute 'by that Magistrate'.
25 Paragraph 13(2)(b)
Prohibits the use of 'by the Magistrate'
Must substitute Magistrate or Federal Circuit Court Judge
26 Subsection 13(2D)
27 Subsection 13(2D)
Replaces a temporal interval with another one
Application provision for amendments made by this Part
28 Application provision
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.97
29 Subsection 3(1) (definition of carrier)
3 Subsection 3(1)
Person assisting has the same meaning as in the Proceeds of Crime Act.
Insertion of 'by a court or other judicial authority' after 'foreign country'
30 Subsection 3(1) (paragraph (a) of the definition of foreign
Prohibits insertion without court authority
Omit specified phrase from definition of foreign forfeiture order
31 Subsection 3(1) (paragraph (b) of the definition of foreign
32 Subsection 3(1) (definition of foreign pecuniary penalty
Insertion of '(whether or not by a court)' after 'foreign country'
33 Subsection 3(1) (paragraph (a) of the definition of foreign
Reference to a declaration, direction, notice, decree or other decision includes a reference to an order.
34 After subsection 3(1)
Reference to an order includes a reference to a declaration, direction, notice, decree or other decision.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.91
Seizure of property or thing is prohibited unless certain conditions are met.
34ZC Contents of POCA search warrants
Prohibits seizure unless conditions are met.
34ZE Dealing with certain seized property
34ZF Dealing with evidential material and certain property or
Seizure of property or thing under POCA search warrant for foreign serious offence
34ZF(1) Dealing with evidential material and certain property or
The seizure occurs during the POCA search warrant execution.
During POCA search warrant execution for foreign serious offence
(a) property or a thing (the seized item) is seized under a POCA search warrant in relation to a foreign serious offence;
The seizing officer has an obligation to seize the property or thing.
Has obligation to seize property or thing under POCA search warrant for foreign serious offence
The seizing officer has permission to seize the property or thing.
Has permission to seize property or thing under POCA search warrant for foreign serious offence
(c) the seized item is seized by a person (the seizing officer) who is: (i) an authorised officer; or (ii) a person assisting in relation to the warrant.
The seizing officer has a right to seize the property or thing.
Has right to seize property or thing under POCA search warrant for foreign serious offence
The seizing officer has an undertaking to seize the property or thing.
Has undertaking to seize property or thing under POCA search warrant for foreign serious offence
Retention of seized item pending written direction from Attorney-General
34ZF(2) Dealing with evidential material and certain property or
Seized item must be sent to foreign country for serious offence investigation.
34ZF(3) Dealing with evidential material and certain property or
Prohibits seizing officer from not sending seized item to foreign country.
(3) Without limiting the directions that may be given under subsection (2),
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.98
35 Paragraph 34P(3)(c)
36 Section 34W
Repeal penalty, substitute with imprisonment for 2 years or 100 penalty units.
37 Section 34W (penalty)
38 Section 34W (note)
39 At the end of section 34W
The person takes all reasonable steps to provide the information or document within that period.
Note 1: A defendant bears an evidential burden...
A defendant bears an evidential burden in relation to the matters in subsection (2).
...and (c) the person provides the information or document...
Granting permission for exemption under certain conditions.
...and (b) the person took all reasonable steps to provide...
(a) The person fails to comply with the notice only because...
Defining a temporal interval for exemption.
The person does not provide information or a document within the period specified in the notice.
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.90
Repeal definition of property-tracking document
4 Subsection 3(1) (definition of property-tracking document)
Amendments apply to foreign forfeiture orders, etc.
40 Application provisions
Definition of 'responsible enforcement agency head' and 'tainted property'.
5 Subsection 3(1)
Establishes a class hierarchy for 'responsible enforcement agency head' and 'tainted property'.
6 Subsection 34ZB(2)
Substitute certain provisions of the Proceeds of Crime Act with modifications related to this Act.
7 Subsection 34ZB(3)
Repeal section and substitute with amendments relating to mutual assistance in criminal matters
8 Section 34ZC
Omit specific wording from a search warrant
9 Subsection 34ZD(1)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.100
Magistrate must order discharge of recognisances and commitment to prison.
1 After subsection 26(2)
Discharge of recognisance is prohibited.
Magistrate must prohibit discharge of recognisances.
Recognisance on which bail was granted exists.
Magistrate must require commitment to prison.
Order person to be committed to prison pending execution of surrender warrant if certain conditions are met.
2 At the end of section 35
Must order person to be committed to prison.
Federal Court, Full Court or High Court makes an order.
Must confirm order if certain conditions are met.
Full Court or High Court confirms an order.
3 Application of amendments
Amendment applies to surrender warrants issued after commencement.
3(1) Application of amendments
Amendment of section 35 of the Extradition Act 1988 applies to orders made after commencement.
3(2) Application of amendments
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.102
1 Paragraphs 20(2)(a) and (b)
Add a proceeding under a law of a Territory (other than the Australian Capital Territory or the Northern Territory) that is prescribed by the regulations as a law that corresponds to a proceeds of crime law.
2 At the end of subsection 20(2)
Adding a proceeding under a law of a Territory.
26 Evidentiary certificates relating to requests made to foreign
The Attorney-General may issue a written certificate.
26(1) Evidentiary certificates relating to requests made to foreign
Attorney-General has the power to issue certificates.
Certificate is prima facie evidence of matters stated in the certificate.
26(2) Evidentiary certificates relating to requests made to foreign
27AA Evidentiary certificates relating to requests made to foreign
The Attorney-General must issue a written certificate certifying documents obtained as a result of a request to a foreign country.
27AA(1) Evidentiary certificates relating to requests made to foreign
Certificate is prima facie evidence in terrorism-related proceedings.
27AA(2) Evidentiary certificates relating to requests made to foreign
Imposes a duty on the court to accept the certificate as evidence.
3 Section 26
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.103
35 Evidentiary certificates relating to requests made to foreign
specified documents or things obtained as a result of a request made to a foreign business authority
ASIC Chairperson must issue written certificate upon request from foreign business authority
35(1) Evidentiary certificates relating to requests made to foreign
Deputy Chairperson of ASIC must issue written certificate
35(2) Evidentiary certificates relating to requests made to foreign
35(3) Evidentiary certificates relating to requests made to foreign
4 After section 27A
5 Section 35
Amendments apply to proceedings commencing before, on or after commencement.
6 Application provision
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.104
1 Section 15YR (heading)
Publication of identifying information for child witnesses, complainants or vulnerable adult complainants
15YR Publication identifying child witnesses, child complainants or
Insertion of term "child complainant" after "child witness"
2 Subparagraph 15YR(1)(c)(i)
3 At the end of paragraph 15YR(1A)(a)
4 Application of amendments
5 Item 93 of Schedule 2
Amendments apply to proceedings instituted after Schedule 5 commencement
6 At the end of item 93 of Schedule 2
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.106
Omit 'slavery-like conditions', substitute 'slavery-like offences'.
1 Paragraph 15Y(1)(c)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.108
10 Division 271 of the Criminal Code (heading)
Omit certain terms from the Criminal Code
11 Section 271.1A of the Criminal Code (note)
Prohibits forced labour and forced marriage
Repeal Subdivision C of Division 271 of the Criminal Code
12 Subdivision C of Division 271 of the Criminal Code
Omit specific sections from the Criminal Code
13 Section 271.10 of the Criminal Code
Omit “victim; or”, substitute ‘victim.’.
14 Paragraph 271.11A(1)(b) of the Criminal Code
15 Paragraph 271.11A(1)(c) of the Criminal Code
16 Paragraph 279.1(a) of the Criminal Code
17 Paragraph 279.1(b) of the Criminal Code
Defines 'confiscate' in relation to a person's travel or identity document.
18 Dictionary in the Criminal Code
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.109
Repeal definition of debt bondage and substitute with a new definition.
19 Dictionary in the Criminal Code (definition of debt
2 Paragraph 15Y(1)(caa)
Omit section and substitute with new one.
20 Subparagraph 5D(3A)(a)(ii)
21 At the end of subparagraph 5D(3A)(a)(v)
22 Subparagraph 5D(3A)(a)(vi)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.110
The alleged victim must have been coerced, threatened or deceived in relation to an offence against this Subdivision.
23 Subsection 270.10(1) of the Criminal Code
Must be significantly deprived of personal freedom in the case of an offence against section 270.5
The alleged victim was significantly deprived of personal freedom; or
Must be incapable of understanding the nature and effect of a marriage ceremony in the case of an offence against section 270.7B
The alleged victim was incapable of understanding the nature and effect of a marriage ceremony; or
Replace specific phrases with broader terms in the Criminal Code.
24 Paragraphs 270.10(2)(a) and (b) of the Criminal Code
Granting permission to add 'or any other person'
25 At the end of subparagraph 270.10(2)(c)(iii) of the Criminal
26 At the end of section 270.10 of the Criminal Code
Defines family member for the purpose of section 270.10
26(4) At the end of section 270.10 of the Criminal Code
Defines a class hierarchy for family members
Defines family members for the purpose of section 270.10
26(5) At the end of section 270.10 of the Criminal Code
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.111
27 Paragraph 271.11A(1)(a) of the Criminal Code
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.107
270 Section 270
Imposition of duty on engaging in conduct causing debt bondage
A person commits an offence of debt bondage if...
Imposition of penalty for engaging in conduct causing debt bondage
Replace specific individuals with broader categories in the Criminal Code.
28 Paragraphs 271.11A(2)(a) and (b) of the Criminal Code
29 At the end of subparagraph 271.11A(2)(c)(iii) of the
3 Paragraph 15Y(2)(a)
Defines family member for section 271.11A of the Criminal Code
30 At the end of section 271.11A of the Criminal Code
Classifies family member as a legal concept
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.113
31 Application of amendments
Reference to provisions of the Criminal Code
32 Transitional—serious offences
4 Paragraph 15Y(2)(b)
5 Division 270 of the Criminal Code (heading)
6 Section 270.1A of the Criminal Code
The temporal scope of debt bondage includes...
The pledge is made as security for a debt owed...
Addition of section 270.7C to the definition of slavery-like offence
7 Section 270.1A of the Criminal Code (at the end of the
Repeal of heading and substitution with new heading
8 Subdivision C of Division 270 of the Criminal Code
Insert clause after section 270.7B of the Criminal Code
9 After section 270.7B of the Criminal Code
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.114
1 Section 21
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.115
Applicability of amendments to financial years
2 Application of amendments
21 Reporting
The Attorney-General must prepare a report about the operation of this Act during the year if an investigation or proceeding is started or carried on.
21(1) Reporting
Reporting requirements for suspected offences against the Act.
21(2) Reporting
The Attorney-General must report to each House of Parliament within 15 sitting days.
21(3) Reporting
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.116
1 Subsection 40LA(4)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.117
Replace 'AFP employee or special member' with 'AFP appointee'
10 Subsection 40N(3)
11 Subsection 40N(4)
Prohibits AFP employee or special member
12 Subsection 40N(4)
13 Subsection 40N(5)
14 Section 40P
Allows regulations to incorporate standards published by Standards Australia or its partners.
15 At the end of section 40P
Applying or adopting standards at a particular time
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.118
Replace 'AFP employee' with 'AFP appointee'
16 Paragraph 40Q(a)
Omit specific language and substitute another.
17 Section 40Q
Excluding specific language from a provision.
Omit specific language from a provision.
18 Paragraph 40Q(d)
19 Paragraph 40Q(f)
2 Section 40M (heading)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.119
20 Subsections 30A(6) and (7)
Substitute a day for the AFP employee's resignation to take effect if one or more notices have been given.
20(6) Subsections 30A(6) and (7)
...the day on which his or her resignation is to take effect.
Temporal relation between the notice and the substitution.
(6) If one or more notices under subsection (2) have been given...
...the Commissioner may, by written notice to the AFP employee,...
Representation of knowledge about the substitution.
Obligation to substitute a day for the AFP employee's resignation.
Dissemination of information about the substitution.
Recurring trace of the substitution process.
Maximum number of notices for AFP employee
20(7) Subsections 30A(6) and (7)
Notice of resignation must be given to AFP employee before specified day.
20(8) Subsections 30A(6) and (7)
The notice is given between specified days.
Notice must be given within specified time frame.
(8) To be effective, the first notice given under subsection (6) in relation to the notice of resignation...
The notice contains specified information.
Notice must contain specific information.
The notice must be given before specified day.
Must provide notice of resignation to AFP employee.
The notice is given inclusively within specified days.
Notice must be given inclusively within specified time frame.
The notice is given recursively within specified days.
Notice must be given recursively within specified time frame.
Specify a day no later than 30 days after the first notice given under subsection (6) in relation to the notice of resignation.
20(9) Subsections 30A(6) and (7)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.120
Amendment applies in relation to notices of resignation given after commencement.
21 Application of amendment
3 Subsection 40M(1)
4 Paragraph 40M(2)(a)
Require AFP appointees to undergo alcohol screening tests, breath tests or prohibited drug tests.
40M Prescribed persons may require AFP appointees to undergo
Imposes a prohibition on AFP appointees.
5 Subsection 40M(3)
6 Subsection 40N(1)
Omit 'the employee or special member', substitute 'the AFP appointee'.
7 Subsection 40N(1) (note)
Prohibits the use of 'the employee or special member'
Substitute 'an AFP appointee' for 'a member or a special member'
8 Subsection 40N(2)
9 Subsection 40N(2)
Omit ‘the member or special member’ (wherever occurring)
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.121
Report must be given electronically to AUSTRAC CEO using prescribed system.
1 After subsection 53(8) (before the notes)
Conditional commencement for reporting movement of physical currency
2 After paragraph 54(1)(a)
3 Paragraph 54(1)(b)
Modify paragraph (1)(b) to include paragraphs (1)(aa)
4 Subsection 54(3)
Amendments apply in relation to a movement of physical currency out of Australia after commencement.
5 Application of amendments
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.122
6 Section 5 (after paragraph (ge) of the definition of
Amendment of section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
7 Application of amendment
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.8
1 Short title
1 Section 1
crimes-legislation-amendment-international-crime-cooperation-and-other-measures-act-2018.pdf, p.9
10 Section 10
11 Section 11
Commencement is conditional on royal assent
Defines temporal interval for commencement
The day after this Act receives the Royal Assent
2 Commencement
2 Section 2
22 May 2018
22 November
23 May 2018
23 July 2018
3 Section 3
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
5 Section 5
6 Section 6
A single day to be fixed by Proclamation.
7 Section 7
The fixing of the day requires an Allen interval.
Requires a relation between identifiable temporal intervals.
A single day must be fixed by Proclamation.
8 Section 8
9 Section 9
An Act to amend legislation relating to the criminal law, law enforcement and background checking, and for other purposes
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018