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Legislation in schedules is amended or repealed according to its terms.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