Crimes Legislation Amendment (Powers and Offences) Act 2012
An Act to amend various Acts relating to the enforcement of the criminal law, and for other purposes
5 April 2012
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.1
5 April 2012 (the compilation date).
Information about amending laws and amendment history.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.2
1 Short title
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.5
2 Commencement
1 Section 1
4 April 2012
2 Section 2
3 Section 3
4 October 2012
4 Section 4
5 Section 5
25 June 2012
Requires temporal relation between commencement and Royal Assent
6 Section 6
The day after this Act receives the Royal Assent.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.6
7 Section 7
8 Section 8
9 Section 9
10 Section 10
Conditional commencement of Schedule 6 items 1, 2 and 3
Requires relation between identifiable temporal intervals for commencement
11 Section 11
12 Section 12
Conditional commencement of Schedule 6 item 9
Provision does not commence if event mentioned in paragraph (b) does not occur.
13 Section 13
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.7
14 Section 14
15 Section 15
16 Section 16
3 Schedule(s)
Amendments to Acts specified in a Schedule
Imposes an obligation on the State to amend Acts in a Schedule
1 Subsection 23WA(1)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.8
2 Subsection 23WA(1) (definition of Commissioner)
3 Subsection 23WA(1) (definition of informed consent)
4 Subsection 23WA(1) (paragraph (b) of the definition of
Prohibit finger prick method in intimate forensic procedure definition
5 Subsection 23WA(1) (paragraph (c) of the definition of
Repeal paragraph of intimate forensic procedure definition.
6 Subsection 23WA(1) (after paragraph (a) of the definition of
7 Subsection 23WA(1) (definition of senior constable)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.9
8 Subsection 23WA(1)
9 Section 23WC (table item 2)
Omit 'senior constable', substitute 'senior police officer'.
10 Paragraph 23WG(3)(c)
Substitute senior police officer for senior constable.
11 Paragraph 23WJ(3)(a)
Omit 'constable', substitute 'senior police officer'.
12 Division 4 of Part ID (heading)
Repeal heading and substitute with new text.
13 Section 23WM (heading)
23WM Non-intimate forensic procedure may be carried out by
Permits non-intimate forensic procedure by senior police officer
14 Subsection 23WM(1)
15 Section 23WN (heading)
Repeal heading and substitute with new schedule
23WN Circumstances in which senior police officer may order
Senior police officer may order non-intimate forensic procedures under certain circumstances.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.10
Permission to order non-intimate forensic procedures
Senior police officer has authority to order procedures
Ordering non-intimate forensic procedures is permitted
Temporal conditions for ordering procedures
Ordering non-intimate forensic procedures is permitted under certain circumstances
Senior police officer may order non-intimate forensic procedures
Senior police officer has authority to order non-intimate forensic procedures
Non-intimate forensic procedures are within scope of ordering authority
16 Section 23WN
Omit 'senior constable' and substitute 'senior police officer'.
17 Section 23WO (heading)
23WO Matters to be considered by senior police officer before
Matters to be considered by senior police officer before ordering forensic procedure
18 Section 23WO
19 Section 23WP (heading)
23WP Record of senior police officer’s order
20 Subsections 23WP(1) and (2)
21 Paragraphs 23WR(a) and (b)
Insert '(whether or not consent has been sought)' after 'procedure'
22 Paragraph 23XL(b)
Substitute the least painful technique known and available to the person.
23 Section 23XM (table item 2)
Insertion of '(other than by a finger prick)' after 'blood'
24 Section 23XM (table item 3)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.11
25 Section 23XM (after table item 9)
List of individuals authorized to take blood or saliva samples
Allows specified individuals to perform medical procedures
26 Subsection 23XN(1)
27 Section 23XU
Repeal section and substitute with new content.
23XU Samples—sufficient material to share
23XU(1) Samples—sufficient material to share
Granting permission to share sample material
(a) a sample is taken from a suspect under this Part; and (b) the suspect requests the investigating constable that the sample be shared;
There is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect.
Temporal overlap between request and analysis
(c) there is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect.
The sample material overlaps with the analysis period.
Temporal condition for sharing sample material
(b) the suspect requests the investigating constable that the sample be shared;
The request has been spread to the investigating constable.
Recognition of sample material as sufficient for sharing
(1) This section applies if: (a) a sample is taken from a suspect under this Part; and (b) the suspect requests the investigating constable that the sample be shared;
The sample material has been recognized as sufficient.
23XU(2) Samples—sufficient material to share
Suspect must nominate an accredited laboratory for analysis.
28 Subsection 23XUA(2)
Substitute phrase in request to investigating constable
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.12
29 After subsection 23XUA(2)
Must inform suspect of instructions to leave premises if not complying with analysis.
Investigating constable has authority to direct attendee
Attendee must be informed of instructions
Investigating constable informs suspect after analysis is being conducted
Event A (informing suspect) occurs after event B (analysis being conducted)
Investigating constable informs suspect and attendee is directed to leave premises
Information about instructions spreads from investigating constable to attendee
Investigating constable uses AI to analyze material and inform suspect
AI is applied in the investigation process
30 Subsection 23XUA(3)
Substitute 'attendee' for 'the person chosen'
31 Subsection 23XUA(3)
Substitute 'analyst' for 'person responsible for analysing the material'
32 At the end of section 23XUA
32(4) At the end of section 23XUA
The analyst may give instructions to the attendee.
32(5) At the end of section 23XUA
Analyst may give direction to attendee to leave premises if attendee fails to comply.
Defines temporal subinterval of instruction
The instruction is a temporal subinterval of the analysis.
This prohibition diffuses to all attendees.
32(6) At the end of section 23XUA
Failure to comply with direction is an offence against subsection (7).
(6) If the analyst gives such a direction, the analyst must inform...
A failure to comply is an offence against subsection (7).
The direction contains an obligation to comply.
Failure to comply implies offence against subsection (7)
If the analyst gives a direction, then a failure to comply is an offence against subsection (7).
The obligation to comply spreads to the failure to comply.
32(7) At the end of section 23XUA
Failure to comply with direction results in an offence.
32(8) At the end of section 23XUA
An offence against subsection (7) is an obligation.
33 Section 23XW
Repeal section and substitute with new text.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.13
23XW Results of analysis
Must provide DNA analysis results to suspect within 14 days of request or analysis.
34 Subsection 23XWB(1)
Repeal of subsection and substitution with new definition
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.14
Requires temporal relation between Division and intimate forensic procedure
Temporal intervals mentioned in the provision
35 At the end of subsection 23XWB(2)
36 At the end of subsection 23XWC(1)
Add by order of a judge or magistrate under section 23XWO.
Adding to the list of permitted actions.
Section 23XWC(1) defines the time period.
The addition occurs during this time period.
Section 23XWO defines the end condition.
37 Subsection 23XWC(3)
38 Paragraph 23XWD(b)
39 Subsection 23XWE(1)
Repeal subsection, substitute Division 6 for carrying out forensic procedures on offenders.
Prohibits cruel, inhuman or degrading treatment of offenders.
Forensic procedures may overlap with other laws.
Sections 23XJ and 23XK apply to the carrying out of a forensic procedure under this Division.
Forensic procedures may imply other laws.
Division 6 applies in relation to the carrying out under this Division of a forensic procedure on an offender.
Forensic procedures diffuse to other laws.
Forensic procedures recognize other laws.
40 Paragraph 23XWL(c)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.15
41 After section 23XWN
Judge or magistrate may order forensic procedure on offender under certain circumstances.
Judge or magistrate may order forensic procedure on offender
Multiple conditions for ordering forensic procedure
The offender is subject to one of the following circumstances: (a) not in custody and has not consented, or (b) in custody and has not consented, or (c) cannot consent under section 23WE.
42 Subsection 23XWO(1)
Omit specific provision regarding consent for intimate forensic procedures.
43 Paragraph 23XWO(7)(c)
44 After section 23XWO
45 Paragraph 23XWP(1)(b)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.17
46 Subsection 23XWP(3)
Omit certain language regarding forensic procedures for offenders not in detention.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.18
47 Subsection 23XWP(4)
Omit specific phrase from a judge's order
Describes when one event occurs after another
If a judge or magistrate orders the carrying out of a forensic procedure under this Division on an offender, the offender”,
the offender may be ordered to permit the carrying out of a forensic procedure at some point in time
Describes when one statement implies another
the offender may be ordered to permit the carrying out of a forensic procedure if the judge or magistrate so orders
48 Subsection 23XWQ(2)
Insertion of authorized person in a phrase
49 After subparagraph 23XWQ(2)(b)(i)
Informed consent of parent or guardian required for forensic procedure
50 Subparagraph 23XWQ(2)(b)(ii)
Omit 'after the person', substitute 'after the authorised person'.
51 Paragraph 23XWR(2)(b)
Volunteer chooses storage of information
52 Section 23YDAC
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.19
53 Section 23YDAC (definition of Commonwealth DNA
Definition of Commonwealth DNA database system
54 Section 23YDAC (paragraph (a) of the definition of
Insertion of foreign law enforcement agency relation into Commonwealth DNA database system definition
Prohibition of foreign law enforcement agency relation in Commonwealth DNA database system definition
55 Section 23YDAC (after paragraph (a) of the definition of
Prohibition on committing an offence outside Australia
Prohibits committing an offence outside Australia
56 Section 23YDAC (at the end of the definition of
57 Section 23YDAC (definition of volunteers (limited
Definition of volunteers (limited purposes) index
58 At the end of section 23YDAC
Add forensic procedures for participating jurisdictions to State/Territory DNA database system in Schedule 1
59 After paragraph 23YDAE(2)(d)
Inserts a new provision to assist foreign countries in deciding whether to make a request under the Mutual Assistance in Criminal Matters Act 1987.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.20
60 Paragraph 23YDA(1)(b)
Insert “, offender or volunteer” after ‘suspect’.
61 Paragraph 23YDA(2)(a)
Requires consent for forensic procedures
62 Paragraph 23YDA(2)(b)
Insertion of new clause after Division 4
63 Paragraph 23YDA(2)(c)
Insertion of new clause for applying to judges and magistrates for forensic procedures
64 Paragraphs 23YDA(2)(d), (e) and (f)
Insertion of words in a specific context
65 Subsection 23YG(2)
65(2) Subsection 23YG(2)
Material must be made available within 14 days after creation or upon request.
65(3) Subsection 23YG(2)
Temporal overlap with subsection 23XE(5)
(a) copies of records required to be made available under subsection 23XE(5); and (b) material required to be provided under section 23XU; and (c) copies of results of analysis and other information required to be provided under section 23XW.
66 After paragraph 23YO(2)(d)
Inserts a new purpose for assisting foreign countries in deciding to make a request under the Mutual Assistance in Criminal Matters Act 1987.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.21
67 After section 23YP
Analysis of forensic material must be carried out in an accredited laboratory.
The analysis must be carried out in an accredited laboratory.
68 Subsection 23YQ(1)
Substitute “AFP appointee” for “staff member”.
69 Subsection 23YQ(2)
70 Subsection 23YUC(1)
Substitute 'an intimate forensic procedure' for 'the forensic procedure'
71 Subsection 23YUC(1)
Inserts 'under this Part' after 'an order'
72 After subsection 23YUC(1)
Authorises carrying out of non-intimate forensic procedure in participating jurisdictions.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.22
73 At the end of Division 11 of Part ID
Commissioner may enter into arrangement with prison head regarding forensic procedures.
74 Saving—orders by senior constable
The amendment made by item 16 does not affect the validity of an order that is in force under section 23WN of the Crimes Act 1914 immediately before the commencement of that item.
The order remains valid despite the amendment.
75 Application provision
Amendments apply in relation to carrying out of forensic procedures starting on or after commencement.
Amendments apply in relation to carrying out of forensic procedures.
(1) The amendments made by items 22 to 26, 34, 35, 39, 48, 49, 50, 67, 70 and 72 apply in relation to the carrying out of forensic procedures starting on or after the commencement of those items.
Amendments apply in relation to samples taken under Part ID of the Crimes Act 1914 on or after commencement.
(2) The amendments made by items 27 to 33 apply in relation to samples taken under Part ID of the Crimes Act 1914 on or after the commencement of those items.
Amendments apply in relation to orders made on or after commencement.
(3) The amendments made by items 21, 40, 41, 43 and 45 to 47 apply in relation to orders made on or after the commencement of those items.
Amendments apply in relation to applications made under section 23XWO of the Crimes Act 1914 on or after commencement.
(4) The amendments made by items 42 and 44 apply in relation to applications made under section 23XWO of the Crimes Act 1914 on or after the commencement of those items.
Amendment applies in relation to giving of informed consent on or after commencement.
(5) The amendment made by item 51 applies in relation to the giving of informed consent on or after the commencement of that item.
Amendments do not affect continuity of Commonwealth DNA database system.
(6) The amendments made by items 53 to 55 do not affect the continuity of the Commonwealth DNA database system referred to in section 23YDAC of the Crimes Act 1914 or of the crime scene index referred to in that section.
76 Paragraphs 23WF(2)(b) and (c)
Inform suspect of matters mentioned in section 23WJ
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.24
77 Paragraph 23WG(2)(b)
Informs suspect of matters mentioned in section 23WJ
78 Paragraph 23XWG(1)(b)
Informs offender of matters mentioned in section 23XWJ
79 Subsection 23XWR(1)
Insert comma and regulations after certain phrases.
80 Application provision
Amendments apply in relation to informed consent on or after commencement.
1 Section 59 (heading)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.25
59 Providing reports and information to members of Parliament
Providing reports and information to members of Parliament
2 Before subsection 59(1)
3 Subsection 59(1)
The Chair of the Board must be inserted before CEO.
CEO must be inserted after The Chair of the Board.
Temporal relationship between insertion and CEO
The insertion of CEO occurs after The Chair of the Board.
CEO is inserted after The Chair of the Board.
The insertion of CEO is justified by the need to include the CEO in the Board's structure.
The insertion of CEO spreads to other parts of the Board's structure.
CEO must be inserted after The Chair of the Board in all parts of the Board's structure.
The AI system recognizes the need to insert CEO after The Chair of the Board.
4 Subsection 59(1)
Insert “or the CEO” after “requests the Chair”.
5 Subsection 59(1)
6 Before subsection 59(1A)
Insert Information for Inter-Governmental Committee
7 Subsection 59(1A)
Insert 'or the CEO' after 'the Chair of the Board'
Temporal relation after another interval
8 Subsection 59(1A)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.26
9 Subsection 59(2)
10 Subsection 59(2)
Omit 'the Chair' (second occurring) and substitute 'he or she'.
11 Subsection 59(3)
Insert “or the CEO” after “the Chair of the Board”.
12 Paragraph 59(3)(b)
13 Subsection 59(5)
Temporal relation between 'The Chair of the Board' and 'CEO'
The Chair of the Board (first occurring)
14 Subsection 60(4)
15 Subsection 60(5)
Substitute 'The Board and the CEO must' for 'The Board shall'
16 Application of this Part
Amendments apply to information in possession of ACC regardless of when it comes into possession.
17 Subsection 4(1)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.27
ACC information means information that is in the ACC’s possession.
18 Subsection 4(1)
19 Subsection 12(1) (note)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.28
20 Subsection 12(1) (note)
Substitute sections 59AA and 59AB for section 59.
21 At the end of subsection 12(1)
Relevant direction under subsection 25A(9) may be applied to this subsection.
This subsection is subject to any relevant direction given under subsection 25A(9).
22 At the end of subsection 12(1A)
Relevant direction given under subsection 25A(9) is applicable.
23 After subsection 12(1A)
24 Subparagraph 47A(1)(b)(ii)
Omit specified phrase and substitute with new phrase.
Prohibits disclosure to specified entities.
25 At the end of subsection 59(1)
Subject to direction under subsection 25A(9)
26 Subsections 59(7) to (11)
Inform one or more persons of ACC operations if in public interest.
27 After section 59
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.29
59AA Disclosing information to government bodies
Disclosure of ACC information to certain entities
CEO permits disclosure of ACC information
CEO considers it appropriate to disclose
59AB Disclosing information to private sector bodies
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.30
59AB(1) Disclosing information to private sector bodies
Disclosure of ACC information to private sector bodies is permitted under certain conditions.
The CEO is permitted to disclose ACC information under certain conditions.
the CEO considers it appropriate to do so
disclosing the ACC information is permitted
The body corporate is classified as a permissible recipient of ACC information.
the body has undertaken, in writing, not to use or further disclose the information except as referred to in subsection (3)
the body corporate is a permissible recipient
The disclosure of ACC information must occur within a specified timeframe.
disclosing the ACC information would not prejudice the safety of a person, or prejudice the fair trial of a person who has been charged with an offence
the disclosure must occur within a specified timeframe
The CEO is required to disclose ACC information on a recurring basis.
the disclosure must occur on a recurring basis
The body corporate requires certain conditions to be met before disclosing ACC information.
the CEO considers that disclosing the information to the body is necessary for a permissible purpose
the body corporate requires certain conditions to be met
The CEO is permitted to specify conditions under which ACC information can be disclosed.
the CEO has undertaken, in writing, not to use or further disclose the information except as referred to in subsection (3)
the CEO permits certain disclosure conditions
59AB(2) Disclosing information to private sector bodies
Disclosure of ACC information to private sector bodies under certain conditions.
(2) The CEO may disclose ACC information to a body corporate under subsection (1) only if...
Temporal interval for disclosure conditions.
(i) preventing criminal offences or activities that might constitute criminal offences (including under a law of a foreign country);
Recurring trace for disclosure conditions.
(ii) detecting criminal offences or activities that might constitute criminal offences (including under a law of a foreign country);
Information diffusion for disclosure conditions.
(iii) facilitating the collection of criminal information and intelligence in relation to criminal offences or activities that might constitute criminal offences (including under a law of a foreign country);
Knowledge representation for disclosure conditions.
(b) in any case—the information is not confidential commercial information relating to another body or person.
59AC Confidentiality in relation to examinations
Confidentiality in relation to examinations is subject to direction.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.34
Direction applies to confidentiality in relation to examinations.
59AD Publication of reports in relation to offences
Publication of reports in relation to offences must be based on admissible evidence.
28 After paragraph 61(2)(d)
CEO must disclose general nature and extent of information to a body corporate under section 59AB.
29 Application of this Part
Amendments apply to ACC information regardless of when it comes into possession.
1 Subsection 4(1)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.35
Has meaning given by subsection 3(1) of the Crimes Act 1914
2 Subsection 4(1)
3 Subsection 4(1) (paragraph (d) of the definition of serious
Omit 'within the meaning of the Proceeds of Crime Act 2002'
4 Subsection 4(1) (subparagraph (da)(ii) of the definition of
5 Subsection 4(1)
6 Subsection 4(1)
Defines State or Territory law enforcement agency
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.36
State or Territory law enforcement agency has the meaning given by subsection 3ZQU(7) of the Crimes Act 1914.
7 Subsection 4(1)
Defines terrorism offence as in subsection 3(1) of the Crimes Act 1914.
8 Subsection 4(1)
terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.
9 Subsections 22(8) and (9)
10 At the end of Division 1A of Part II
24AA Use of and sharing returnable items
24AA(1) Use of and sharing returnable items
CEO may make returnable item available to constable or Commonwealth officer for specified purposes.
CEO has authority to make returnable item available
Returnable item may be used for specified purposes
24AA(2) Use of and sharing returnable items
Use of returnable items by non-staff members is permitted.
24AA(3) Use of and sharing returnable items
Allow head to share returnable item with staff member
24AA(4) Use of and sharing returnable items
Use of returnable items for State or Territory purposes is permitted.
Permission to use returnable items for State or Territory purposes.
24AA(5) Use of and sharing returnable items
CEO may make returnable item available to constable or Commonwealth officer.
24AA(6) Use of and sharing returnable items
Use of returnable items for other purposes authorized by law.
Allows use of returnable items for other purposes.
24AA(7) Use of and sharing returnable items
Requires use of documents or other things for certain laws
24AA(8) Use of and sharing returnable items
Sharing of returnable items with certain agencies
(8) The CEO may make a returnable item available to...
24AA(9) Use of and sharing returnable items
Permits arrangement with a State or Territory law enforcement agency for returnable items.
24AB When returnable items must be returned
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.39
24AB(1) When returnable items must be returned
Return a returnable item to the person from whom it was seized or produced if not required for judicial review proceedings.
The CEO must take reasonable steps to return the item.
The person from whom the item was seized or produced is entitled to possess it.
24AB(2) When returnable items must be returned
No obligation to take steps if certain conditions are met.
if the returnable item may be retained because of an order under subsection 24AC(2), or any other order under that subsection has been made in relation to the item, then the CEO does not have to take those steps
the CEO does not have to take those steps if the conditions are met
if the CEO has applied for such an order and the application has not been determined, then the CEO does not have to take those steps
the CEO does not have to take those steps if the application is pending
if the returnable item may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory, then the CEO does not have to take those steps
the CEO does not have to take those steps if the returnable item is subject to such a law or order
No obligation due to dispute over ownership
if the returnable item is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership, then the CEO does not have to take those steps
the CEO does not have to take those steps if there is a dispute over ownership
24AB(3) When returnable items must be returned
CEO must return document if ACC took possession.
CEO is required to take reasonable steps
24AC Issuing officer may permit a returnable item to be retained,
24AC(1) Issuing officer may permit a returnable item to be retained,
Issuing officer may permit a returnable item to be retained.
24AC(2) Issuing officer may permit a returnable item to be retained,
24AC(3) Issuing officer may permit a returnable item to be retained,
24AC(4) Issuing officer may permit a returnable item to be retained,
24AC(5) Issuing officer may permit a returnable item to be retained,
24AC(6) Issuing officer may permit a returnable item to be retained,
24AC(7) Issuing officer may permit a returnable item to be retained,
24AC(8) Issuing officer may permit a returnable item to be retained,
Temporal relation between issuing officer's function and court membership
Issuing officer is a member of the court
Issuing officer has the same protection and immunity as a court member at the time of performing the function
Issuing officer is protected from liability
Issuing officer has the same protection and immunity as a court member
Issuing officer is authorized to perform function
11 Application of this Schedule
Amendments apply to any returnable item regardless of when seized or produced.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.41
1 Subsection 5(1)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.42
2 Subsection 5(1)
Federal Court means the Federal Court of Australia.
3 Subsection 5(1)
Contempt of ACLEI has the meaning given by section 96A.
4 Subsection 20(1) (note)
5 Section 21 (heading)
21 Law enforcement agency head to pass on new information in
Law enforcement agency head must pass on new information in relation to corruption issue already notified
Law enforcement agency head has received new information
Must pass on new information to relevant authorities
6 Part 8 (heading)
7 Subdivision A of Division 1 of Part 9 (heading)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.43
8 Sections 75 and 76
Repeal sections and substitute with new provisions.
75 Notice to give information or to produce document or thing
75(1) Notice to give information or to produce document or thing
Require person to give information or produce document or thing upon request.
Imposes a duty on the person to provide information or produce document or thing.
75(2) Notice to give information or to produce document or thing
Imposes a duty on the Integrity Commissioner
The information must be provided in writing.
75(3) Notice to give information or to produce document or thing
Notice must be served on person, signed by Integrity Commissioner, and specify compliance period.
75(4) Notice to give information or to produce document or thing
Must provide information or produce document within 14 days after notice
The period specified under paragraph (3)(c) must be greater than or equal to 14 days after the day the notice is served on the person
75(5) Notice to give information or to produce document or thing
Record information or produce document/thing within 14 days
Obligation to record information or produce document/thing
75(6) Notice to give information or to produce document or thing
Notice to give information or produce document or thing
76 Compliance with notice
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.44
76(1) Compliance with notice
Compliance with notice within specified time period or allowed extension.
Compliance within specified time period or extension.
76(2) Compliance with notice
A person served with a notice may apply for further time to comply.
76(3) Compliance with notice
Allow further time to comply with notice
76(4) Compliance with notice
Integrity Commissioner must acknowledge receipt of information and documents.
Integrity Commissioner has an obligation to acknowledge receipt.
9 Subsection 77(1)
Omit specific phrase from section 75 or 76 notice
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.45
10 After Subdivision A of Division 1 of Part 9
Prohibitions against disclosing information about notices
77A Disclosure of notice may be prohibited
77A(1) Disclosure of notice may be prohibited
Disclosure of notice information is prohibited.
Prohibits disclosure of notice information.
(1) This section applies in respect of a notice served on a person under section 75.
(Notation prohibiting disclosure of information about notice)
77A(2) Disclosure of notice may be prohibited
Disclosure of notice information is prohibited except in specified circumstances.
(2) The Integrity Commissioner may include a notation...
77A(3) Disclosure of notice may be prohibited
Failure to disclose notice may prejudice certain interests.
(3) The Integrity Commissioner must include a notation in the notice...
77A(4) Disclosure of notice may be prohibited
Disclosure of notice may be prohibited under certain conditions.
(4) The Integrity Commissioner may include a notation in the notice...
77A(5) Disclosure of notice may be prohibited
77A(6) Disclosure of notice may be prohibited
Must provide written statement with rights and obligations
77A(7) Disclosure of notice may be prohibited
Prohibition on disclosure of notice after investigation concludes and proceedings commence.
Prohibits disclosure of notice after investigation concludes and proceedings commence.
(7) A notation included in the notice is cancelled by this subsection if: (a) the Integrity Commissioner concludes the investigation to which the notice relates; and (b) any criminal proceedings or civil penalty proceedings resulting from the investigation are commenced.
Discloses temporal relationship between notation cancellation and investigation commencement.
The cancellation of a notation occurs during the commencement of an investigation.
Discloses temporal relationship between notation cancellation and investigation conclusion.
The cancellation of a notation occurs until the conclusion of an investigation.
Discloses condition for notation cancellation.
The cancellation of a notation occurs if an investigation is concluded and proceedings commence.
Discloses consequence of notation cancellation.
The cancellation of a notation results in the commencement of proceedings.
77A(8) Disclosure of notice may be prohibited
Temporal relation between cancellation and notification
(8) If a notation is cancelled by subsection (7), the Integrity Commissioner must advise the person who was served with the notated notice, in writing, of the cancellation.
Recurring trace between notification and cancellation
Information dissemination between notification and cancellation
Knowledge representation of notification and cancellation
77A(9) Disclosure of notice may be prohibited
Prohibition on making a note about disclosure of information until notation is cancelled.
(a) a notation has been included in the notice...
77B Offences of disclosure
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.47
77B(1) Offences of disclosure
Disclosing certain information is an offence.
Prohibits disclosure of certain information.
Disclosing certain information is a subclass of the class of offences.
77B(2) Offences of disclosure
Disclosure permitted under certain circumstances
Permits disclosure in specified situations
77B(3) Offences of disclosure
Disclosure of certain information is prohibited.
Classification of disclosure as prohibited
(a) a disclosure is made to a person about...
77B(4) Offences of disclosure
Disclosure of information is permitted under certain conditions.
(4) In proceedings for an offence against subsection (3), it is a defence...
77B(5) Offences of disclosure
77B(6) Offences of disclosure
Disclosing information that could reasonably be expected to infer the existence of something is prohibited.
Disclosing information that could reasonably be expected to infer the existence of something.
A reference in this section to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.
(6) A reference in this section to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.
Cognitive AI application for prohibition
11 Section 78
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.50
78 Failure to comply with notice
78(1) Failure to comply with notice
Failure to comply with notice within specified time.
78(2) Failure to comply with notice
Defendant bears evidential burden to comply with notice.
Defendant has an obligation to comply with the notice.
12 Paragraphs 79(1)(a) and (b)
13 Subsection 79(1)
14 Subsection 79(5)
Legal professional privilege does not affect information or document given, produced, or referred to.
Information or document given, produced, or referred to is not subject to legal professional privilege.
Temporal overlap: Legal professional privilege does not affect information or document given, produced, or referred to at all times
Legal professional privilege does not affect information or document given, produced, or referred to at any time.
Non-diffusive: Legal professional privilege does not diffuse to other entities
Legal professional privilege does not diffuse to other entities.
Cognitive AI: Legal professional privilege does not affect information or document given, produced, or referred to in cognitive AI systems
Legal professional privilege does not affect information or document given, produced, or referred to in cognitive AI systems.
SHACL validation: Legal professional privilege obligation is validated by SHACL
Legal professional privilege obligation is validated by SHACL.
15 Subsection 80(1)
Omit specific phrase from section 75 or 76
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.51
16 Subsection 80(2)
17 Subsection 80(5)
Omit specific phrase from section 75 or 76 notices.
18 Subsection 80(7)
19 Subsections 81(1) and (2)
20 Subsection 82(3)
Substitute 'a corruption issue' for 'corruption issue'
21 Subsection 83(1)
Insert 'to do either or both of the following'
22 Paragraph 83(1)(a)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.52
23 Paragraph 83(1)(b)
Produce documents or things specified in the summons if reasonable grounds exist to suspect relevance to an investigation.
24 Subsection 90(2)
25 Paragraph 92(2)(e)
26 Subsection 95(5)
Maintains legal professional privilege despite disclosure.
Legal professional privilege is maintained.
Disclosure does not affect legal professional privilege.
Claim of legal professional privilege remains unaffected.
27 Subsection 96(2)
28 Paragraph 96(4)(c)
Insertion of section numbers in Schedule 4
29 After Subdivision E of Division 2 of Part 9
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.53
96A Contempt of ACLEI
96A(1) Contempt of ACLEI
Failure to comply with certain requirements at a hearing
96A(2) Contempt of ACLEI
Refusal to answer question at a hearing does not violate contempt of ACLEI.
Legal practitioner's privilege prevents answer disclosure.
96A(3) Contempt of ACLEI
Refusal to produce document on grounds of privileged communication
Legal practitioner's obligation to produce document
Legal practitioner has a duty to produce document
Legal practitioner's permission to refuse production of document
Legal practitioner has a right to refuse production of document
Document can be produced at a later time
96B Federal Court or Supreme Court to deal with contempt
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.54
96B(1) Federal Court or Supreme Court to deal with contempt
Federal Court or Supreme Court to deal with contempt
Prohibits dealing with contempt in a hearing
...the Integrity Commissioner may apply to either of the following courts...
Defines temporal interval for contempt application
Establishes recurring trace for contempt application
Diffuses responsibility for contempt application
Recognizes AI's role in contempt application
96B(2) Federal Court or Supreme Court to deal with contempt
Integrity Commissioner must inform person before making application.
96B(3) Federal Court or Supreme Court to deal with contempt
Certificate required for contempt application
Application must be accompanied by a certificate
96B(4) Federal Court or Supreme Court to deal with contempt
Must provide a copy of the certificate to the person before or at the same time as the application is made.
96B(5) Federal Court or Supreme Court to deal with contempt
Integrity Commissioner has an obligation
96B(6) Federal Court or Supreme Court to deal with contempt
Court may deal with person as if acts or omissions constituted contempt of court.
Prohibits dealing with person as if acts or omissions constituted contempt of court.
(6) If, after considering the matters specified in the certificate; and hearing or receiving any evidence or statements by or in support of ACLEI; and hearing or receiving any evidence or statements by or in support of the person;
the court to which the application was made finds that the person was in contempt of ACLEI, the court may deal with the person as if the acts or omissions involved constituted a contempt of that court.
Overlaps with temporal intervals related to contempt proceedings.
Repeats in temporal intervals related to contempt proceedings.
Spreads to related entities in contempt proceedings.
Recognizes entities involved in contempt proceedings.
96B(7) Federal Court or Supreme Court to deal with contempt
96C Conduct of contempt proceedings
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.56
96C(1) Conduct of contempt proceedings
Application of section to Federal Court or Supreme Court proceedings
96C(2) Conduct of contempt proceedings
Proceedings must be conducted in accordance with the laws that apply to punishing contempt of court.
(2) Proceedings in relation to the application are, subject to this Act, to be instituted, carried on, heard and determined in accordance with the laws (including any Rules of Court) that apply in relation to the punishment of a contempt of the court to which the application was made.
96C(3) Conduct of contempt proceedings
Certificate is prima facie evidence in contempt proceedings
96D Person in contempt may be detained
96D(1) Person in contempt may be detained
Prohibits detention without court hearing
(1) If the Integrity Commissioner proposes to make an application under subsection 96B(1)
the Integrity Commissioner may, during the hearing concerned, direct a constable or an authorised officer to detain the person for the purpose of bringing the person before the relevant court for the hearing of the application.
Establishes temporal relationship between detention and court hearing
Establishes recurring trace between detention and court hearing
Diffuses responsibility between Integrity Commissioner and law enforcement
Provides justification for detention as part of court process
96D(2) Person in contempt may be detained
Person in contempt must be brought before the court as soon as practicable.
96D(3) Person in contempt may be detained
Court may direct person to appear before court in relation to application.
Court must direct person to appear before court.
96D(4) Person in contempt may be detained
The court may impose conditions on the release of a person in contempt.
The court imposes conditions on the release.
The court may also impose any other condition...
The person must surrender their passport.
96D(5) Person in contempt may be detained
Court may vary or revoke a condition imposed under subsection (4)
96E Integrity Commissioner may withdraw contempt application
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.57
96E(1) Integrity Commissioner may withdraw contempt application
Integrity Commissioner may withdraw contempt application at any time.
96E(2) Integrity Commissioner may withdraw contempt application
Person must be released from detention immediately if Integrity Commissioner withdraws contempt application and person is in detention under section 96D.
(2) If the Integrity Commissioner does so; and (b) the person to whom the application relates is in detention under section 96D;
the person must be released from detention immediately.
Temporal interval during which person must be released from detention
(2) If: (a) the Integrity Commissioner does so; and (b) the person to whom the application relates is in detention under section 96D;
Temporal interval until which person must not be detained
Conditional obligation based on Integrity Commissioner's action and person's detention status
Classification of persons subject to contempt application withdrawal by Integrity Commissioner
96F Double jeopardy
96F(1) Double jeopardy
No double jeopardy for acts/offenses under this Act or a State law.
(1) If an act or omission by a person is an offence against this Act and is also an offence against a law of a State, the person may be prosecuted and convicted under this Act or under that law of that State in respect of the act or omission...
96F(2) Double jeopardy
No prosecution for an offence in respect of an act or omission if dealt with by the court under subsection 96B(1).
If dealt with by the court, then no prosecution.
(a) an application is made to the Federal Court or a Supreme Court under subsection 96B(1)
the person is not liable to be prosecuted for an offence in respect of that act or omission
The provision overlaps with the application of subsection 96B(1).
the person is dealt with by the court under that section in respect of the act or omission
The provision repeats the application of subsection 96B(1).
(b) the person is dealt with by the court under that section in respect of the act or omission
96F(3) Double jeopardy
No application can be made under subsection 96B(1) in respect of the act or omission.
30 Section 93 (heading)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.58
93 Offences—attendance at hearings etc.
31 Section 94 (heading)
94 Offences—disturbing or interrupting hearings
Offences—disturbing or interrupting hearings
32 Subsection 99(1)
Authorized officer may apply for warrant to arrest person if they have not complied with order or are likely to leave Australia to avoid giving evidence.
Prohibits the person from leaving Australia to avoid giving evidence.
The person has been ordered to deliver their passport to the Integrity Commissioner.
The authorized officer may apply for a warrant to arrest the person.
Prohibits the person from attempting to evade service of summons.
The person is to be served with a summons under section 83.
The authorized officer may apply for a warrant to arrest the person if they have not complied with the order or are likely to leave Australia to avoid giving evidence.
Overlaps with the time period during which the person is likely to leave Australia to avoid giving evidence.
The authorized officer has reasonable grounds to believe that the person is likely to leave Australia for the purpose of avoiding giving evidence at a hearing before the Integrity Commissioner.
Recurring trace of the person's attempts to evade service of summons.
The authorized officer has reasonable grounds to believe that the person is likely to abscond or is otherwise attempting, or likely to attempt, to evade service of the summons.
Prohibits the person from leaving Australia to avoid giving evidence at a hearing before the Integrity Commissioner.
33 Subsection 100(1)
Omit all words after 'authorising' and substitute with 'the arrest of the person'.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.59
34 After subsection 100(9)
Authorized officer executing warrant does not need to be the one who applied for it.
Authorized officer executing warrant need not be the authorized officer who applied for the warrant.
35 Subsection 104(4)
Substitute 'a hearing that has been held' for 'a hearing that been held'
Imposes a duty on the state to substitute
Establishes a temporal relationship between 'hearing' and 'held'
36 At the end of subparagraph 110(4)(b)(iv)
37 After subparagraph 110(4)(b)(iv)
Insert eligible seizable item in any case
Obligation to insert eligible seizable item
38 Paragraph 117(2)(a)
Insert “or a constable” after “authorised officer”.
39 Paragraph 117(2)(b)
Insert “or a constable” after “not an authorised officer”.
40 Subsection 117(3)
Only an authorised officer or a constable may take part in searching a person.
Prohibits searching a person without authorization.
41 At the end of section 142
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.60
42 Paragraph 147(1)(d)
43 Paragraph 150(2)(a)
A person must provide information or produce a document or thing upon request.
Must provide information or produce a document or thing upon request.
44 Subsection 150(2)
45 Paragraph 156(5)(a)
46 Section 166 (heading)
166 Application of Division
47 Section 166
48 Subsection 167(5)
Insertion of phrase after 'proposes to take action'
49 Subsection 167(5)
50 Paragraph 167(6)(b)
Replace 'Integrity Commissioner's' with 'special investigator's'
Prohibition of using the term "Integrity Commissioner's"
51 Subsection 187(2)
Omit 'Integrity Commissioner', substitute 'Assistant Integrity Commissioner'.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.61
52 Subsection 18K(5) (note)
Substitute sections 77A and 91 for section 91.
53 Subsection 6(1) (definition of federal law enforcement
54 Application—items 7 to 19
Amendments apply in relation to notices served on or after commencement.
Relates to amendments made by items 7-19 of this Schedule.
55 Application—section 96 of the Law Enforcement Integrity
Commissioner Act 2006 applies to hearings under the Law Enforcement Integrity Commissioner Act 2006
56 Application—sections 96A to 96F of the Law Enforcement
Application of sections 96A to 96F of the Law Enforcement Integrity Commissioner Act 2006
57 Application—section 100 of the Law Enforcement Integrity
Section 100 of the Law Enforcement Integrity Commissioner Act 2006 applies in relation to a warrant issued on or after this Schedule commences.
Section applies to warrants issued on or after commencement.
Section 100 of the Law Enforcement Integrity Commissioner Act 2006
Section implies that warrants issued on or after commencement are subject to section 100.
58 Application—item 37
Amendment applies in relation to warrant issued on or after commencement.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.62
59 Application—section 117 of the Law Enforcement Integrity
Section 117 of the Law Enforcement Integrity Commissioner Act 2006 applies in relation to a warrant executed on or after this Schedule commences.
Section applies to warrants executed on or after the commencement of this Schedule.
1 Subsection 314.1(1) of the Criminal Code (after table item 1)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.63
Prohibits the use of Benzylpiperazine (BZP)
250 Section 250
0 Section 0
2 Subsection 314.1(1) of the Criminal Code (after table item 7)
500 Section 500
3 Subsection 314.1(1) of the Criminal Code (after table item 9)
4 Subsection 314.1(1) of the Criminal Code (after table
Prohibits the production, possession, or use of 4-Methylmethcathinone
5 Subsection 314.3(1) of the Criminal Code (after table item 8)
400 Section 400
6 Subsection 314.4(1) of the Criminal Code (after table
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.64
7 Subsection 314.4(1) of the Criminal Code (after table
8 Subsection 314.4(1) of the Criminal Code (after table
9 Subsection 314.4(1) of the Criminal Code (table item 95)
Repeal of methcathinone item in the Criminal Code
10 Subsection 314.4(1) of the Criminal Code (table item 99)
11 Subsection 314.4(1) of the Criminal Code (after table
Prohibition on 4-Methylmethcathinone (4-MMC)
Prohibits the possession, sale, or importation of 4-MMC
12 Subsection 314.6(1) of the Criminal Code (table item 10)
Imposes prohibition on Phenylpropanolamine
Schedule for drugs, plants and precursors
13 Subsection 4(1)
Defines 'border controlled precursor' for the purpose of the Criminal Code.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.65
14 Subsection 183UA(1) (definition of special forfeited
Defines the term 'special forfeited goods'
Substitutes a new definition for special forfeited goods
15 Subsection 183UA(1) (paragraph (b) of the definition of
Omit 'or (n)', substitute ', (n) or (na)'
1 Subsection 16A(1AB)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.66
2 At the end of subsection 16A(1B)
Court must make an order corresponding to a restraining order under the Proceeds of Crime Act 2002.
The Director (or the Commissioner for the Australian Federal Police) applies for a restraining order.
A court must make an order corresponding to the order mentioned in this subsection.
Temporal interval between applying for a restraining order and making an order
A court must make an order corresponding to the order mentioned in this subsection within a certain time frame.
Recurring trace of making orders under section 28A of the Proceeds of Crime Act 2002
A court must make an order corresponding to the order mentioned in this subsection repeatedly.
Diffusion of obligations from Director to court
The obligation to make an order corresponding to the order mentioned in this subsection spreads to the court.
Recognition of Director's application by the court
The court recognizes the Director's application and makes an order corresponding to it.
3 Subsection 16A(2)
4 Subsection 15B(1) (note 1)
Repeal note and substitute definition of authorised officer
Prohibit certain persons from performing functions under the Act
Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338
Note 1: Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338
Imposes obligation on certain persons to comply with new definition of authorised officer
New definition of authorised officer in section 338
Establishes temporal relation between repeal of note and substitution of new definition
Substitution of new definition of authorised officer in section 338
Permits repeal of note and substitution of new definition
5 Section 15C (note)
6 Subsection 15D(1) (note)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.67
7 After section 15F
15FA Prohibition of publication of evidence—proceedings for
15FA(1) Prohibition of publication of evidence—proceedings for
Prohibition on publication of evidence—proceedings for
15FA(2) Prohibition of publication of evidence—proceedings for
Prohibition of publication of evidence—proceedings for
Classifies matters to be restricted from publication
(a) if the application is made under section 15C (in person)—the matters referred to in that section that are contained in an affidavit made in support of the application;
(b) if the application is made under section 15D (by telephone or other electronic means)—the matters referred to in paragraph 15D(2)(a) that are contained, or that are to be contained, in an affidavit made in support of the application.
(2) If it appears to the magistrate to be necessary in order to prevent prejudice to the administration of justice,
Restricts publication within a specific time frame
15FA(3) Prohibition of publication of evidence—proceedings for
Magistrate may make order at any time after application is made and before it is determined.
15FA(4) Prohibition of publication of evidence—proceedings for
(4) The power conferred by subsection (2) is in addition to, and is not taken to derogate from, any other power of the magistrate.
The power to publish evidence is prohibited.
Prohibits publication of evidence—proceedings for
The power to publish evidence is prohibited in proceedings.
Implies prohibition on publication of evidence—proceedings for
The power to publish evidence implies a prohibition in proceedings.
8 At the end of subsection 15P(1)
Adds certain persons performing functions under Schedule 6 to the definition of authorised officer
9 At the end of Division 2 of Part 2-1
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.68
28A Prohibition of publication of evidence—proceedings for
28A(1) Prohibition of publication of evidence—proceedings for
Court may make order under subsection (2) if a proceeding of crime authority applies for restraining order.
Court may prohibit publication of evidence.
28A(2) Prohibition of publication of evidence—proceedings for
Court may prohibit or restrict publication of certain evidence
28A(3) Prohibition of publication of evidence—proceedings for
Court may make an order at any time after application is made and before it is determined.
(3) The court may make an order under subsection (2) at any time after the application is made and before it is determined.
Excerpt describes a temporal interval of 'any time' after application is made.
Excerpt describes a recurring trace of court orders.
Excerpt describes a process of diffusion of information about court orders.
Excerpt describes a process of recognizing court orders.
28A(4) Prohibition of publication of evidence—proceedings for
(4) The power conferred by subsection (2) is in addition to, and is not taken to derogate from, any other power of the court.
(4) The power conferred by subsection (2) is not taken to derogate from any other power of the court.
10 Section 338 (paragraph (a) of the definition of authorised
Authorise AFP member or employee to perform certain functions
11 Application—publication prohibitions relating to
Amendments apply in relation to applications made on or after commencement for restraining and freezing orders.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.70
Application of amendments to restrain conduct.
Amendments apply in relation to applications made on or after commencement.
Temporal relation between commencement and application.
Amendments apply in relation to applications made on or after the commencement of those items.
Commencement before or after application.
Recurring trace between applications and amendments.
Application of amendments to freeze conduct.
The amendment of the Proceeds of Crime Act 2002 made by item 7 of this Schedule applies in relation to an application made on or after the commencement of that item.
1 Subsection 16(1) (definition of licence period)
Defines licence period for a person released on licence for a federal sentence.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.71
Substitutes a new definition for 'licence period'
2 Subsection 16(1) (definition of parole order)
3 Subsection 16(1) (definition of parole period)
Defines parole period for a person with a parole order
4 Subsection 16(1) (definition of released on parole)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.72
5 Subsection 16(1) (definition of supervision period)
Defines supervision period for a person released on parole or licence.
Substitutes a new definition for 'supervision period'
6 Sections 19AL and 19AM
Repeal sections and substitute with new ones.
19AL Release on parole—making of parole order
19AL(1) Release on parole—making of parole order
The Attorney-General must make a parole order before the end of a non-parole period.
The Attorney-General must make a parole order.
19AL(2) Release on parole—making of parole order
Notice to be given to person refused parole order
19AL(3) Release on parole—making of parole order
Parole order must be in writing and specify supervision conditions.
19AL(4) Release on parole—making of parole order
Exemption from parole order requirement for certain federal sentences
Allows making of parole order despite requirement to refuse
Specifies temporal overlap between federal and State/ Territory sentences
(b) for a federal sentence, or federal sentences, that include a life sentence—until the release of the person from prison for the State or Territory offence (but a decision may be made under that subsection at any time during the 3 month period before the person’s expected release);
Allows making of parole order despite requirement to refuse for life sentence cases
(c) in any case—if the State or Territory sentence is a life sentence for which a non-parole period has not been fixed.
Allows decision-making under subsection (1) during specified time period
(but a decision may be made under that subsection at any time during the 3 month period before the person’s expected release);
19AM Release on parole—when is a person released
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.74
19AM(1) Release on parole—when is a person released
A person must be released from prison on parole in accordance with a parole order. Parole period starts and ends according to subsections (2) and (3)
19AM(2) Release on parole—when is a person released
A person must certify acceptance of parole conditions. A person must be released from prison on parole if they are eligible for release under subsection (1) but were imprisoned for a State or Territory offence on the day of eligibility.
The person certifies on the parole order (or a copy of the order) that he or she accepts the conditions to which the order is subject.
The person must certify acceptance of parole conditions.
(2) However, if the person is imprisoned for a State or Territory offence...
...the person must be released from prison on parole in accordance with the parole order...
Release on parole occurs after imprisonment for a State or Territory offence
Release on parole implies compliance with parole order
19AM(3) Release on parole—when is a person released
A person must not be released from prison on parole unless they certify acceptance of the conditions. Release on parole—when is a person released
Certification of acceptance of conditions
7 Paragraph 19AN(1)(b)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.75
8 Subsection 19AN(2)
Prohibit modifying certain conditions of a parole order.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.76
9 Paragraph 19AP(6)(b)
Specify supervision conditions for released persons.
Specify conditions for released persons.
10 Paragraph 19AP(7)(b)
Omit specific phrase from subsection (6)
11 Subsection 19AP(8)
Prohibit varying or revoking a condition of the licence, imposing additional conditions on the licence, and changing the day on which the supervision period ends.
12 Application of amendments
Amendments apply in relation to a licence granted under section 19AP of the amended law at or after commencement.
Classifies a provision as an Undertaking
The text describes the application of amendments in relation to a licence.
The amendments apply in relation to a licence granted under section 19AP of the amended law at or after commencement.
Describes the temporal relationship between the commencement and the application of amendments.
The text states that the amendments apply in relation to a licence granted under section 19AP of the amended law at or after commencement.
The commencement is related to the application of amendments by an interval of [insert duration].
Describes the temporal relationship between the parole order and the release of a federal offender.
The text states that the Attorney-General will be required to reconsider making a parole order for the person within 12 months of the commencement.
The parole order is related to the release of a federal offender by an interval of [insert duration].
1 Paragraph 15A(1)(b)
Insertion of '(if any)' after 'the modifications'
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.78
2 Paragraphs 15A(1AB)(a), (b), (c) and (d)
3 Paragraph 15A(1AB)(g)
4 Before subsection 15A(1AD)
Enforcement of penalty without court application
5 Application
Amendment applies in relation to orders made before, on or after commencement.
6 Pending applications to court
7 Authority for past actions taken to enforce fines etc.
Authority for past actions taken to enforce fines etc.
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.79
Person or authority had the power to take action
1 Subsection 175(3)
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.80
2 Application
Amendment applies to persons appointed or re-appointed as Law Enforcement Integrity Commissioner before, on, or after commencement.
Obligation to apply amendment to specified persons.
Class inclusion: Amendment applies to persons appointed or re-appointed as Law Enforcement Integrity Commissioner.
4 Apr 2012
crimes-legislation-amendment-powers-and-offences-act-2012.pdf, p.84
25 June 2012 (s 2(1) item
22 Sept