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Legislation in schedules is amended or repealed according to its terms.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Replace outdated term with modern equivalent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