crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.7
1 Subsection 4(1)
international agreement or international arrangement...
...a public international organisation within the meaning of section 70.1 of the Criminal Code;
Definition of international organisation
Insert: international organisation includes...
...a body (including an international judicial body)...
Assist or cooperate with international organisations and non-governmental organisations.
2 After paragraph 8(1)(bg)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.8
Repeal definition of Aboriginal legal aid organisation
1 Subsection 23B(1) (definition of Aboriginal legal aid
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.9
Replace name in relevant list with representative of Aboriginal legal assistance organisation
10 Subsection 23K(3) (paragraph (c) of the definition of
11 Subsection 23WA(1) (definition of Aboriginal legal aid
12 Subsection 23WA(1)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.10
Replace outdated term with modern equivalent
13 Paragraph 23WB(2)(c)
14 Paragraph 23WB(3)(c)
Notify Aboriginal legal assistance organisation representative of forensic procedure consent request.
15 Paragraphs 23WG(4)(a) and (b)
Defines Aboriginal legal assistance organisation
2 Subsection 23B(1)
Aboriginal legal assistance organisation means an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and Torres Strait Islanders.
3 Subsection 23H(1)
Notify Aboriginal legal assistance organisation of arrest or protected suspect status.
4 Paragraphs 23H(1)(a) and (b)
Notify Aboriginal legal assistance organisation.
Representatives of Aboriginal legal assistance organisations must not question people until notified.
5 After subsection 23H(1)
Obligations of investigating officials Schedule 2
Must choose representative of Aboriginal legal assistance organisation as interview friend.
6 Subsection 23H(2B)
Repeal paragraph, substitute representative of Aboriginal legal assistance organisation
7 Subsection 23H(9) (paragraph (c) of the definition of
8 Subsection 23H(9) (paragraph (d) of the definition of
9 Section 23J
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.11
1 Section 15GC
staff member of the Immigration and Border Protection Department
staff member of the Australian Commission for Law Enforcement Integrity
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.12
2 Subsection 15HK(1)
Disclosing controlled operation information is an offence.
2(1) Subsection 15HK(1)
Temporal relation between disclosure and offence.
(d) the information relates to a controlled operation.
Prohibition of disclosing controlled operation information.
(a) the person is, or has been, an entrusted person;
(c) the person discloses the information;
Strict liability applies to paragraph (1)(a)
2(1A) Subsection 15HK(1)
(1A) Strict liability applies to paragraph (1)(a)
2(1B) Subsection 15HK(1)
(a) the person is, or has been, an entrusted person; and (b) information came to the knowledge or into the possession of the person in the person’s capacity as an entrusted person;
(e)(i) the person intends to endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;
Prohibition of disclosure due to consequences
(e)(ii) the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation;
The person knows they are an entrusted person.
Knowledge of being an entrusted person and possession of information
Recklessness is a fault element for certain paragraphs
Note: Recklessness is the fault element for paragraphs (1B)(b) and (d) and subparagraph (1B)(e)(ii)—see section 5.6 of the Criminal Code.
Prohibition on strict liability for paragraph (1B)(a)
2(1C) Subsection 15HK(1)
2(1D) Subsection 15HK(1)
...the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.
Relates to temporal intervals of disclosure and control.
Classifies information as controlled operation-related using AI.
...disclosure will endanger the health or safety of any person or prejudice the effective conduct of a controlled operation.
Prohibits disclosure of controlled operation information.
Diffuses information about controlled operations.
Requires recklessness as fault element for certain conditions.
Note: Recklessness is the fault element for paragraphs (1D)(b) and (c)—see section 5.6 of the Criminal Code.
Disclosing information about a controlled operation can be an offence.
2(1E) Subsection 15HK(1)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.13
3 Subsections 15HK(2), (2A) and (3)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.14
Disclosure of previously published information is permitted under certain conditions.
4 At the end of section 15HK
Disclosure is permitted under certain conditions
5 Section 15HL
6 Subsections 15HV(2), (3) and (4)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.15
1 Subsections 135.1(1), (3), (5) and (7) of the Criminal Code
Amendments apply in relation to conduct engaged in on or after commencement.
2 Application of amendments
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.16
1 Subsection 20C(1)
2 Subsection 20C(2)
3 Paragraph 23WA(8)(e)
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.17
1 Subsection 15YR(6)
Notice must be given before application can be determined.
1(10) Subsection 15YR(6)
Application must provide notice before determination.
Application for leave must be in writing.
1(6) Subsection 15YR(6)
Obligation to provide written application
Must provide written notice to specified parties upon application for leave.
1(7) Subsection 15YR(6)
(7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:
Notice provision as part of application process
Notice must be given to a parent, guardian or legal representative of the party if the child is referred to in paragraph (7)(c) at the time of application. Consider submissions and other evidence as necessary for determining an application.
1(8) Subsection 15YR(6)
Notice must be given before application hearing.
1(9) Subsection 15YR(6)
Amendment applies on or after commencement of Schedule.
2 Application of amendment
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.18
Preventing, detecting, investigating or dealing with misconduct of a serious nature by certain individuals or entities.
1 Subsection 3(1)
Dealing with misconduct may occur at any time before or after the misconduct occurs.
Temporal intervals for dealing with misconduct
An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs.
Preventing, detecting, investigating or dealing with misconduct of a serious nature.
Commonwealth entity has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013.
Preventing, detecting, investigating or dealing with misconduct of a serious nature is an obligation.
Target entity means: ... (a) a Privacy Act agency; or (b) a wholly-owned Commonwealth company.
Target entity is an APP entity as defined in section 6 of the Privacy Act 1988.
A target entity is an APP entity as defined in section 6 of the Privacy Act 1988, because it is either an agency or an organisation for the purposes of that Act (as a wholly-owned Commonwealth company is an organisation as defined in section 6C of that Act).
Integrity purpose spreads across time and individuals.
Dealing with misconduct may involve repeating actions such as taking legal proceedings.
Repeating actions for dealing with misconduct
Taking legal proceedings, disciplinary proceedings or other administrative action is an example of dealing with matters described in paragraphs (a), (b), (c) and (d).
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.19
2 Subsection 15YV(3)
3 After Part VIIC
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.22
Applicability of sections 86C, 86D, and 86E of the Crimes Act 1914
4 Application
(1) Section 86C of the Crimes Act 1914 applies to the collection of sensitive information on and after the commencement of that section.
(2) Section 86D of the Crimes Act 1914 applies to the use of personal information by a target entity on or after the commencement of that section, whether the entity collected the information before, on or after that commencement.
(3) Section 86E of the Crimes Act 1914 applies to the disclosure of personal information on or after the commencement of that section, whether the person, body or authority making the disclosure collected the information before, on or after that commencement.
Authorization for collection, use and disclosure of personal information for integrity purposes
86B Simplified outline of this Part
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.20
Target entity may collect sensitive information for integrity purposes.
86C Target entity may collect sensitive information for integrity
Target entity may use personal information for integrity purpose relating to the entity.
86D Target entity may use personal information for integrity
86E Disclosure of personal information to target entity for integrity
Disclosure of personal information to target entity for integrity purposes is required if a law limits disclosure and exempts it from the limitation.
86E(1) Disclosure of personal information to target entity for integrity
This section applies within the scope of a law that limits disclosure of some or all personal information by a person, body or authority (however described); and exempts from the limitation a disclosure authorised by a law of the Commonwealth.
(a) limits disclosure of some or all personal information by a person, body or authority (however described); and (b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Requires disclosure of personal information to target entity for integrity purposes.
A disclosure authorised by a law of the Commonwealth is exempted from the limitation imposed by a law that limits disclosure of some or all personal information by a person, body or authority (however described).
(b) exempts from the limitation a disclosure authorised by a law of the Commonwealth.
Disclosure of personal information to target entity for integrity purpose
86E(2) Disclosure of personal information to target entity for integrity
personal information related to target entity's functions or activities
Permission to disclose personal information
person, body or authority reasonably believes
Disclosure of personal information to target entity for integrity requires authorization by accountable authority, principal executive, or director.
86E(3) Disclosure of personal information to target entity for integrity
Requires authorization for disclosure of personal information.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.21
No implied limitation on other laws regarding personal information collection, use or disclosure.
86F This Part does not limit other laws
Overlap between this Part and other laws.
This Part does not limit other laws (whether written or unwritten).
CogAI systems may be impacted by this Part.
Impact of this Part on cognitive AI systems.
Other laws may authorise collection, use or disclosure of personal information.
Diffusion of information may be impacted by this Part.
Impact of this Part on diffusion of information.
86G Guidelines on the operation of this Part
Publishing guidelines approved by the Information Commissioner.
86G(1) Guidelines on the operation of this Part
Guidelines under subsection (1) are not a legislative instrument.
86G(2) Guidelines on the operation of this Part
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.23
Establishes a similar body to enforce law enforcement conduct in New South Wales.
1 Section 85ZL (after paragraph (bb) of the definition of law
Establishs a similar body to enforce law enforcement conduct.
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.5
1 Short title
crimes-legislation-amendment-powers-offences-and-other-measures-act-2018.pdf, p.6
1 Section 1
The Act is the Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018.
Commencement rules for provisions in the Act.
2 Commencement
25 August 2018
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend legislation relating to the criminal law and law enforcement, and for related purposes
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018