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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation in schedules is amended or repealed according to its terms.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