Enrolment application under subsection 51E(1)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.8
Must apply for enrolment as a reporting entity within 28 days of providing a designated service.
1 Subsection 51B(1)
2 After subsection 51B(2)
Continuing obligation to enrol after commencing provision of designated service.
2(2A) After subsection 51B(2)
...the person is already required under that subsection to apply for enrolment...
(2A) Subsection (1) does not apply if...
Continuation of obligation to apply for enrolment
2(2B) After subsection 51B(2)
(2B) If: a person is required under subsection (1) of this section to apply for enrolment by a particular time; and the person does not apply for enrolment by that time;
(2B) If: a person ceases to be a reporting entity; then the obligation to apply for enrolment continues until the person applies for enrolment;
Failure to apply for enrolment as a reporting entity by deadline is prohibited.
2(2C) After subsection 51B(2)
...and (b) on or before the day on which the person’s obligation to apply for enrolment ends...
Overlap between enrolment deadline and obligation period.
(a) on or after the day on which the enrolment deadline occurs;
...is taken to commit a separate contravention of that subsection on each day...
Implication of failure to apply for enrolment on obligation.
(2C) A person who contravenes subsection (1)
is taken to commit a separate contravention of that subsection on each day...
Prohibition of failure to apply for enrolment.
Diffusion of obligation to apply for enrolment.
Recurring trace of failure to apply for enrolment.
Prohibition on repeated contravention of subsection (1) on the same day
2(2D) After subsection 51B(2)
contravening subsection (1) more than once on any particular day
(2D) To avoid doubt, a person does not contravene subsection (1)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.11
AUSTRAC CEO may use computers to take administrative action under the AUSTRAC CEO's control.
228A AUSTRAC CEO may use computers to take administrative
Permission to use computers for administrative action.
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.9
Amendments apply in relation to commencing to provide a designated service on or after the commencement of this Part.
3 Application of amendments
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.10
Omits 'Subsection (1)' and substitutes with 'Subject to subsection (3A), subsection (1)'.
4 Subsection 126(3)
Exempts AUSTRAC information from subsection (3) under certain conditions.
5 After subsection 126(3)
6 Application of amendments
7 Section 5
May arrange for use of computer programs
8 Section 208
Insert clause after Division 6 of Part 16
9 After Division 6 of Part 16
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.34
Omit 'Commissioner', substitute 'Commission'.
1 Subsection 3ZQU(7) (paragraph (h) of the definition of State
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.36
Repeal and substitute a paragraph in the definition of chief officer
10 Subsection 5(1) (paragraph (la) of the definition of chief
Omit 'Independent Commissioner Against Corruption', substitute 'Independent Commission Against Corruption (SA)'
11 Subsection 5(1) (paragraph (e) of the definition of eligible
Prohibits the use of 'Independent Commissioner Against Corruption'
Definition of Independent Commission Against Corruption (SA)
12 Subsection 5(1)
Establishes a class hierarchy for the Independent Commission Against Corruption (SA)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.37
13 Subsection 5(1)
Definition of staff member for Independent Commission Against Corruption (SA)
14 Subsection 5(1)
Repeal definition of member of staff of Independent Commissioner Against Corruption
15 Subsection 5(1) (definition of member of the staff of the
Replace definition of officer with specific individuals or staff members.
16 Subsection 5(1) (paragraph (m) of the definition of officer)
Investigate corruption in public administration within the meaning of the Independent Commission Against Corruption Act (SA)
17 Subsection 5(1) (paragraph (i) of the definition of
Imposes a duty on the State to investigate corruption in public administration within the meaning of the Independent Commission Against Corruption Act (SA)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.38
Repeal of a paragraph and substitution with a new definition.
18 Subsection 5(1) (paragraph (k) of the definition of
19 Subsection 5(1) (paragraph (m) of the definition of
Repeal and substitute paragraph (h) of the definition of State or Territory law enforcement agency with a reference to the Independent Commission Against Corruption.
2 Section 3ZZAC (paragraph (h) of the definition of State or
Omit 'Independent Commissioner Against Corruption' and substitute with 'Commissioner of the Independent Commission Against Corruption (SA)'
20 Subsection 5AC(9A)
Use 'Commissioner of the Independent Commission Against Corruption (SA)' instead
Use of 'Independent Commissioner Against Corruption' is prohibited
Prohibition of using outdated term with new one
The term 'Independent Commissioner Against Corruption' must be replaced
Prohibition of using outdated term in text
The term 'Independent Commissioner Against Corruption' is not allowed in the text
Omit 'Independent Commissioner Against Corruption' and substitute 'Independent Commission Against Corruption (SA)'
21 Subsection 5AC(9A)
Remove the term 'Independent Commissioner Against Corruption'
22 Paragraph 5B(1)(kc)
23 Subparagraph 6A(1)(c)(xii)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.39
24 Paragraph 6L(2)(e)
Replace Commissioner with Deputy Commissioner or staff member
25 Paragraph 39(2)(j)
Replace text in Independent Commissioner Against Corruption with new text.
26 Paragraph 68(ja)
27 Paragraph 110A(1)(l)
Replace Commissioner with Deputy Commissioner or staff member in Schedule 1
28 Paragraph 22(3)(k) of Schedule 1
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.40
29 Paragraphs 157(1)(z) and (zp) of Schedule 1
Omit 'Commissioner', substitute 'Commission'
3 Section 20BZ (subparagraph (c)(viii) of the definition of
Repeal paragraph, substitute with new purpose for Independent Commission Against Corruption (SA)
30 Paragraph 157(2)(p) of Schedule 1
Repeal paragraph of definition of enforcement agency
4 Section 85ZL (paragraph (fa) of the definition of law
Repeal and substitute paragraph (l) of the definition of law enforcement officer with specific individuals or roles.
5 Section 473.1 of the Criminal Code (paragraph (l) of the
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.35
6 Subsection 6(1) (paragraph (lb) of the definition of
Defines staff member for the Independent Commission Against Corruption of South Australia.
7 Subsection 6(1)
subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA)
Specifies the temporal relationship between staff member and engagement.
staff member is engaged under subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA)
Suggests a logical connection between staff member and engagement.
Provides a definition for the term staff member.
Indicates a connection between staff member and engagement.
Repeal and substitute certain positions within the Commission Against Corruption of South Australia.
8 Subsection 6A(7) (table item 35)
Identify temporal intervals for role substitutions
Subsections (5) and (7) specify when roles change
Specify certifying officer for Independent Commission Against Corruption (SA)
9 Subsection 5(1) (paragraph (ia) of the definition of
Requires a certifying officer for the Independent Commission Against Corruption (SA)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.14
1 At the end of subsection 19A(4)
2 Subsection 19A(8) (penalty)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.15
Repeal the definition of judicial officer
1 Subsection 23B(1) (definition of judicial officer)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.16
10 Paragraph 15AB(3A)(g)
Substitute Aboriginal Land Act 1978 (NT) for Aboriginal Land Act of the Northern Territory
11 Paragraph 15AB(3A)(h)
Replace outdated reference with current one
Substitute Heritage Act with correct title.
12 Paragraph 15AB(3A)(i)
Imposes a duty to substitute the Heritage Act title.
13 Paragraph 16AA(2)(a)
14 Paragraph 16AA(2)(b)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.17
15 Paragraph 16AA(2)(c)
16 Paragraph 16AA(2)(d)
17 Subsection 85ZZG(1)
Omit 'judicial officer', substitute 'bail authority'.
2 Subsections 23B(3) and 23C(3)
3 Paragraph 23C(8)(a)
4 Subsection 23DB(4)
5 Paragraph 23DB(12)(a)
Requires temporal relation between commencement and conduct
Commencement is before or after the conduct
7 Subparagraph 3ZZOB(2)(b)(i)
8 Paragraph 3ZZTC(3)(i)
9 Paragraph 15AB(3A)(f)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.18
1 Subsections 33(3) and (4)
1(3) Subsections 33(3) and (4)
(b) a representative of each State, the Australian Capital Territory and the Northern Territory.
Temporal overlap between representatives
(a) a representative of the Commonwealth;
Representative selection implies Advisory Council membership
Artificial agent recognizes Advisory Council membership
Representative selection diffuses to Advisory Council membership
Designates a person for the purposes of this paragraph.
1(4) Subsections 33(3) and (4)
Legislative instrument designation is prohibited.
1(5) Subsections 33(3) and (4)
Prohibits legislative instrument designation
(5) A designation made under paragraph (4)(a) is not a legislative instrument.
Appointment of representative by Attorney-General
1(6) Subsections 33(3) and (4)
A person appointed under paragraph (4)(b) may resign from the Advisory Council.
1(7) Subsections 33(3) and (4)
Resignation from Advisory Council by written notice.
1(8) Subsections 33(3) and (4)
(8) A person appointed under subsection (6)
Transitional appointments under Criminology Research Act 1971 have effect from commencement.
2 Transitional—appointments
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.20
Omit 'any exhibit annexed to such testimony', substitute 'any documents or things produced by or with such testimony'
1 Subsection 3(1) (paragraphs (a) and (b) of the definition of
Substitute 'any documents or things' for 'an exhibit'
2 Subsection 20(1A)
Omit 'any exhibit annexed to such testimony' and substitute 'any documents or things produced by or with such testimony'.
3 Section 21
Testimony must be signed or certified by a judge, magistrate, or officer in the foreign country concerned.
4 Subsection 22(2)
Obligation to provide truthful testimony.
Omit 'any exhibit annexed to such testimony'
5 Section 29
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.21
1 Section 17
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.23
Insert Schedule 6 Refusal of consent to international transfer of prisoners
10 After section 33
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.24
11 Application of amendments
19 Decision by the Attorney-General to refuse consent to transfer
Attorney-General may refuse consent to transfer on proposed terms.
19(1) Decision by the Attorney-General to refuse consent to transfer
Notify prisoner of proposed transfer terms before refusing consent.
19(2) Decision by the Attorney-General to refuse consent to transfer
Attorney-General may advise transfer country on varying terms
19(3) Decision by the Attorney-General to refuse consent to transfer
Attorney-General's suggestion for varying terms
Attorney-General's decision to refuse consent to transfer on terms proposed by the transfer country.
19(4) Decision by the Attorney-General to refuse consent to transfer
Sections 20 to 23 do not apply for the transfer on those particular terms
Conditional commencement based on Attorney-General's decision
The Attorney-General has refused consent to the varied terms under subsection (1) of this section
Attorney-General's refusal to consent to varied terms
The Attorney-General must decide under subsection (1) whether to grant or refuse consent
Obligation to provide consent or refuse consent
2 After section 18
24A Decision by the Attorney-General to refuse consent to transfer
Attorney-General's obligation to refuse consent to prisoner transfer
24A(1) Decision by the Attorney-General to refuse consent to transfer
Refusal of consent to transfer by Attorney-General prevents application of sections 26-32.
24A(2) Decision by the Attorney-General to refuse consent to transfer
Sections 26-32 are overlapped by Attorney-General's refusal.
Refusal of consent overlaps with sections 26-32.
Attorney-General's decision is a temporal event.
Refusal of consent infers sections 26-32 inapplicability.
Attorney-General decides to refuse consent.
Prohibits transfer based on Attorney-General's decision.
Sections 26-32 are diffused by Attorney-General's refusal.
Refusal of consent diffuses sections 26-32.
Sections 26-32 will apply after Attorney-General's refusal.
Refusal of consent until sections 26-32 apply.
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.22
3 Subsection 20(1)
Ministerial consent, information relevant to the transfer
The Attorney-General must provide consent to the transfer country.
3(1) Subsection 20(1)
The Attorney-General must provide consent
Ministers must advise the Attorney-General and request information from the transfer country.
3(1A) Subsection 20(1)
Ministers must advise and request information.
33A Decision by the Attorney-General to refuse consent to transfer
Attorney-General may refuse consent to transfer a Tribunal prisoner to Australia.
33A(1) Decision by the Attorney-General to refuse consent to transfer
Attorney-General's obligation to refuse consent
Refusal of consent to transfer by the Attorney-General prevents application of sections 35-41.
33A(2) Decision by the Attorney-General to refuse consent to transfer
4 Subsection 20(2)
Omit “state in the notice”, substitute ‘advise the transfer country in writing’.
5 Subsection 20(5)
Inserts proposed variation of terms into subsection 20(5)
6 Subsection 20(5)
7 Section 21
8 After section 24
Omit “in the notice”, substitute ‘in writing by the Attorney-General’.
9 Paragraph 28(1)(a)
Substitute ‘in writing by the Attorney-General’
Prohibits omitting 'in writing by the Attorney-General'
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.25
1 Paragraph 8(1)(ca)
Amendment applies to requests under consideration on or after commencement.
2 Application of amendment
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.26
Omit specified provisions and substitute with new ones.
1 Paragraph 44A(2)(a)
2 Paragraph 44A(2)(b)
Prohibits omission of specified provision
Omit specified provisions and substitute with new text.
3 Paragraph 45(2)(a)
Prohibits omitting specified provisions.
4 Paragraph 45(2)(b)
Prohibits omission of specific provision
5 Paragraph 58(2)(a) of Schedule 1
6 Paragraph 58(2)(b) of Schedule 1
7 Paragraph 59(2)(a) of Schedule 1
8 Paragraph 59(2)(b) of Schedule 1
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.27
An identity provided under a program is taken to have been provided under the NWPP.
1 At the end of section 29
Taking an identity as provided under a program is an obligation.
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.33
Omit certain security clearances or positions of trust.
10 Subsection 13(4)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.28
17A Suspension of protection and assistance on request by
Participant can request suspension of protection and assistance.
17A(1) Suspension of protection and assistance on request by
Obligation to suspend protection and assistance.
Commissioner has permission to suspend protection and assistance.
Conditional commencement of suspension under subsection (1)
17A(2) Suspension of protection and assistance on request by
Participant can request suspension to cease.
17A(3) Suspension of protection and assistance on request by
Participant has obligation to request suspension to cease.
Commissioner must notify participant and approved authority of decision to suspend protection and assistance.
17A(4) Suspension of protection and assistance on request by
Protection or assistance under NWPP cannot be provided while a suspension is in effect.
17A(5) Suspension of protection and assistance on request by
Temporal overlap between suspension and provision of protection or assistance.
(5) Subject to subsection (6), protection or assistance must not be provided under the NWPP to a participant while a suspension under this section is in effect for the participant.
Absence of provision of protection or assistance during suspension.
Prohibition of providing protection or assistance.
(5) Protection or assistance must not be provided under the NWPP to a participant while a suspension under this section is in effect for the participant.
Absence of diffusion of protection or assistance during suspension.
Temporal relationship between suspension and provision of protection or assistance.
Protection or assistance can be provided despite a suspension if necessary and reasonable.
17A(6) Suspension of protection and assistance on request by
Permission to provide protection or assistance despite a suspension.
A suspension under this section does not result in a person ceasing to be a participant while the suspension is in effect.
17A(7) Suspension of protection and assistance on request by
Suspension period intersects with participant period
Suspension duration overlaps with participant duration
(7) To avoid doubt, a suspension under this section does not result in a person ceasing to be a participant while the suspension is in effect.
Artificial intelligence assists in suspension management
A person remains a participant during suspension
Suspension does not result in ceasing to be a participant
Suspension notification reaches all participants
Suspension information spreads to participants
Suspension terminates before participant termination
Exemptions from suspension of protection and assistance
17A(8) Suspension of protection and assistance on request by
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.29
Suspension of protection and assistance by Commissioner under certain conditions.
17B Suspension of protection and assistance by Commissioner
...the Commissioner’s ability to provide adequate protection and assistance under the NWPP;
Limits temporal scope of protection and assistance.
(1) Protection and assistance provided under the NWPP to a participant may be suspended...
Infers suspension of protection and assistance.
Prohibits protection and assistance by Commissioner under certain conditions.
Spreads suspension of protection and assistance.
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.31
17C Review of decision to suspend protection and assistance
Review of decision to suspend protection and assistance
17C(1) Review of decision to suspend protection and assistance
Right to review suspension decision within 7 days
17C(2) Review of decision to suspend protection and assistance
Review must occur within a specific time interval
Suspension decision may be reviewed if participant applies in writing
Participant can apply for review within 7 days
Reasonable opportunity to state case, written information of decision.
Commissioner must review and inform participant of decision.
17C(3) Review of decision to suspend protection and assistance
Commissioner must review and inform participant.
2 After section 29
29A Past program participants
A person who was in a witness protection program before the Act's commencement must comply with this section.
29A(1) Past program participants
but (b) was not included in the past program immediately before the commencement of this Act;
Specifies the time period during which the obligation applies.
(b) was not included in the past program immediately before the commencement of this Act.
Prevents the person from being included in the past program after the Act's commencement.
Allows the person to be included in the past program after the Act's commencement.
29A(2) Past program participants
Does not prevent a past program participant from becoming included in the NWPP.
29A(3) Past program participants
Excludes past program participants from being excluded.
Add details of how a suspension of protection and assistance affects other matters in the memorandum of understanding.
3 At the end of subsection 9(2)
3A Section 3
Assistant Commissioner means an Assistant Commissioner of the Australian Federal Police.
4 After section 17
5 Subsection 25(4)
Commissioner's powers can only be delegated to an Assistant Commissioner.
5(4) Subsection 25(4)
Assistant Commissioner may exercise delegated power
5(5) Subsection 25(4)
Require eligible national security clearance for NWPP duties
6 Section 3 (paragraph (a) of the definition of designated
Requires an eligible national security clearance
Definition of eligible national security clearance
7 Section 3
Regulations for national security clearance
Repeal definitions of position of trust clearance and sensitive information.
8 Section 3
9 Subsection 12(2)
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.5
1 Short title
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.6
Commences on the day after receiving Royal Assent.
1 Section 1
11 October 2023
13 March 2024
14 September
Note: This table relates only to the provisions of this Act as originally enacted.
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
3 Section 3
crimes-and-other-legislation-amendment-omnibus-act-2023.pdf, p.7
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
The day after this Act receives the Royal Assent.
4 Section 4
5 Section 5
6 Section 6
7 Section 7
8 Section 8
An Act to amend legislation relating to the criminal law and law enforcement, and for related purposes
Crimes and Other Legislation Amendment (Omnibus) Act 2023