crimes-and-other-legislation-amendment-omnibus.pdf, p.7
Substitute specific subsection references in a parole order definition.
1 Subsection 16(1) (definition of parole order)
Replaces specific references with new ones.
crimes-and-other-legislation-amendment-omnibus.pdf, p.8
Amendments apply to non-parole periods fixed before, on or after commencement.
10 Application provision
Attorney-General must make parole order after non-parole period ends.
2 After subsection 19AL(1)
Attorney-General does not make parole order before end of non-parole period
Omit specific phrases from subsection (2A), (6), or (7)
3 Subsection 19AL(2)
The Attorney-General must reconsider and make a parole order for a person if not done within 12 months.
4 After subsection 19AL(2)
The Attorney-General must reconsider and make a parole order for the person.
Obligation to reconsider and make a parole order
The Attorney-General does not reconsider the making of a parole order within 12 months.
The Attorney-General must reconsider and refuse to make a parole order for the person.
Obligation to reconsider and refuse to make a parole order
5 Subsection 19AL(4)
Prohibits the omission of “and (6)”, requiring its substitution with “to (7)”.
Modify subsection (1) and paragraph (2)(b)
6 Subsection 19AL(5)
The Attorney-General must make a parole order for a person within a certain period.
7 After subsection 19AL(6) (before the note)
Substitute '(7)' for '(6)' in subsection 19AL(6)
8 Subsection 19AL(6) (note)
Substitute specific subsections with new ones.
9 Paragraph 23WA(8)(c)
crimes-and-other-legislation-amendment-omnibus.pdf, p.9
1 Section 300.2 of the Criminal Code (definition of border
crimes-and-other-legislation-amendment-omnibus.pdf, p.11
Regulations may limit border controlled plant's scope to specific offences or elements.
10 At the end of section 301.5 of the Criminal Code
Regulations may limit the scope of a border controlled plant.
11 Subsection 301.6(1) of the Criminal Code
12 After subsection 301.6(1) of the Criminal Code
Regulations may define border controlled precursor for specific offences or elements.
12(1A) After subsection 301.6(1) of the Criminal Code
Listed border controlled precursor is taken to be a border controlled precursor only in relation to particular offences against this Part, or particular elements of those offences.
12(1B) After subsection 301.6(1) of the Criminal Code
crimes-and-other-legislation-amendment-omnibus.pdf, p.12
13 Subsection 301.9(1) of the Criminal Code
Note substance classification for drug analogues
14 At the end of subsection 301.9(1) of the Criminal Code
Substitute section number in Criminal Code
15 Sections 301.10 and 301.11 of the Criminal Code (note)
16 After subsection 301.13(1) of the Criminal Code
Customs Act 1901: Conditions on making a determination
17 After subsection 301.14(1) of the Criminal Code
crimes-and-other-legislation-amendment-omnibus.pdf, p.13
Repeal subsection, substitute with new provision for border controlled substances and plants.
18 Subsection 51A(1)
New provision takes effect after repeal.
Describes the temporal relationship between repeal and substitution.
Repeal must occur before new provision can take effect.
Justifies the necessity of substitution in place of repeal.
Repeal would lead to a gap in regulation.
Analyzes the implications of the new provision on regulation.
Substitution leads to a more comprehensive regulatory framework.
Prohibits the repeal of subsection without substitution.
Subsection must be repealed before new provision can take effect.
New provision supersedes old one in all cases.
Describes how the new provision spreads to other areas of regulation.
New provision applies to all border controlled substances and plants.
Repeal subsection, substitute with new provision applying to border controlled drugs and plants.
19 Subsection 112A(1)
Applies to particular offences against the Part or particular elements of those offences.
Subsection (2) applies if a substance or plant is a border controlled drug or a border controlled plant because of a determination made under section 301.13 of the Criminal Code.
Prohibits the application of subsection (2) to border controlled drugs and plants.
Imposes an obligation on the State to apply the new provision.
2 Section 300.2 of the Criminal Code (definition of border
crimes-and-other-legislation-amendment-omnibus.pdf, p.14
Repeal subsection, substitute with new provision
20 Subsection 112A(3)
Omit 'section 301.4', substitute 'Part 9.1'
21 Subsection 3(1) (paragraph (a) of the definition of
Omit 'section 301.5', substitute 'Part 9.1'
22 Subsection 3(1) (paragraph (b) of the definition of
Application provision for amendments of the Customs Act 1901 made by this Schedule.
23 Application provision
Definition of border controlled precursor
3 Section 300.2 of the Criminal Code (definition of border
crimes-and-other-legislation-amendment-omnibus.pdf, p.10
4 Section 300.2 of the Criminal Code (paragraph (c) of the
Replace definition of listed with new definition.
5 Section 300.2 of the Criminal Code (paragraph (d) of the
Substitute text in Section 301.4 of the Criminal Code
6 Section 301.4 of the Criminal Code
Imposes a duty on the legislative body to make the substitution
Omit section 301.8(2) and substitute with 301.13(2)
7 Section 301.4 of the Criminal Code (paragraph (b) of note 1)
8 At the end of section 301.4 of the Criminal Code
Regulations may limit border controlled drug to specific offences or elements.
8(2) At the end of section 301.4 of the Criminal Code
A drug analogue is treated as a border controlled drug for specific offences or elements.
8(3) At the end of section 301.4 of the Criminal Code
Substitute text in Section 301.5 of the Criminal Code
9 Section 301.5 of the Criminal Code
crimes-and-other-legislation-amendment-omnibus.pdf, p.15
Validations relating to the Australian Crime Commission
1 Validations relating to the Australian Crime Commission
The thing done is valid and effective within the specified time period.
The authorization or determination was given on or after 4 September 2013 and before 10 December 2022.
The thing done is as valid and effective, and is taken for all purposes always to have been as valid and effective.
Validations for authorizations and determinations
The Board of the Australian Crime Commission gave an authorization or made a determination.
The Commonwealth is liable to pay a reasonable amount of compensation to the person.
Validations for acquisitions of property
If the operation of this item would result in an acquisition of property from a person otherwise than on just terms.
Legal proceedings include any proceedings before a court or tribunal, and include proceedings that are pending or concluded.
The thing done is valid and effective for all purposes if it relates to federally relevant criminal activity within the meaning of the ACC Act.
Applies to federally relevant criminal activity within the meaning of the ACC Act
The thing done relates to federally relevant criminal activity within the meaning of the ACC Act as in force at the time when the authorization was given or the determination was made.
The thing done is always valid and effective.
crimes-and-other-legislation-amendment-omnibus.pdf, p.5
1 Short title
crimes-and-other-legislation-amendment-omnibus.pdf, p.6
1 Section 1
The Act is the Crimes and Other Legislation Amendment (Omnibus No. 2) Act 2023.
Commencement rules for provisions in the Act.
2 Commencement
Note on table limitations and amendments
28 November
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 and Other Legislation Amendment (Omnibus No. 2) Act 2023