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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Crimes and
Other Legislation Amendment Bill 1996
No.
,
1996
(Attorney-General)
A
Bill for an Act to amend various Acts relating to crimes and other matters, and
for related purposes
9618621—975/3.12.1996—(186/96) Cat.
No. 96 5612 X ISBN 0644 480440
Contents
Australian Federal Police Act
1979 6cola0h1.html
Crimes Act
1914 6cola0h1.html
Crimes (Superannuation Benefits) Act
1989 6cola0h1.html
Customs Act
1901 6cola0h1.html
Extradition Act
1988 6cola0h1.html
Proceeds of Crime Act
1987 6cola0h1.html
Witness Protection Act
1994 6cola0h1.html
Australian
Bicentennial Authority Act
1980 6cola0h1.html
Banks (Shareholdings) Act
1972 6cola0h1.html
Crimes (Taxation Offences) Act
1980 6cola0h1.html
Financial Corporations Act
1974 6cola0h1.html
Foreign Acquisitions and Takeovers Act
1975 6cola0h1.html
Insurance Contracts Act
1984 6cola0h1.html
Prices Surveillance Act
1983 6cola0h1.html
Public Accounts Committee Act
1951 6cola0h1.html
Public Works Committee Act 1969 6cola0h1.html
A Bill for an Act to amend various Acts relating to
crimes and other matters, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Crimes and Other Legislation Amendment
Act 1996.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Items 21, 22, 23 and 27 of Schedule 1 are taken to have commenced on
28 August 1995, immediately after the commencement of the Schedule to the
International War Crimes Tribunals (Consequential Amendments) Act
1995.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Australian
Federal Police Act 1979
1 Section 41 (definition of
sentence)
Repeal the definition, substitute:
sentence includes a suspended sentence, but does not include
a sentence passed, or an order made, under subsection 20AB(1) of the Crimes
Act 1914.
2 Subsection 45(1)
Repeal the subsection, substitute:
(1) If the DPP is authorised to apply for a superannuation order in
respect of a person who is taken to have been convicted of an offence because of
paragraph 42C(1)(b), the DPP must make that application to the appropriate
court.
(1A) If:
(a) the DPP is authorised to apply for a superannuation order in respect
of a person who is convicted of 1 or more offences; and
(b) the person is sentenced to imprisonment for life in respect of the
offence, or any of the offences, or:
(i) if there is only 1 offence—to imprisonment for a term longer
than 12 months; or
(ii) if there are 2 or more offences—to imprisonment for a single
term longer than 12 months, or to cumulative terms that together add up to
longer than 12 months, in respect of all or any of them;
the DPP must make that application to the appropriate court.
3 Subsection 45(2)
Omit “subsection (1)”, substitute “this
section”.
4 Paragraph 47B(1)(b)
Repeal the paragraph, substitute:
(b) the person’s sentence is so reduced or otherwise changed that it
would no longer support the making of an application for a superannuation order
under subsection 45(1A); or
5 Paragraph 47B(1)(c)
Omit all the words after “that offence,”, substitute
“does not receive a sentence that would support the making of an
application for a superannuation order under subsection 45(1A)”.
6 Paragraph 49B(1)(b)
Omit “is one of imprisonment for life or for a term longer than 12
months”, substitute “would support the making of an application for
a superannuation order under subsection 45(1A)”.
7 Paragraph 49P(1)(b)
Repeal the paragraph, substitute:
(b) the defendant is convicted of the offence, but does not receive a
sentence that would support the making of an application for a superannuation
order under subsection 45(1A);
8 Subparagraph 51(3)(b)(ii)
Repeal the subparagraph, substitute:
(ii) the person is convicted of the offence, but does not receive a
sentence that would support the making of an application for a superannuation
order under subsection 45(1A);
9 Subsection 4AA(1) (definition of penalty
unit)
Omit “$100”, substitute “$110”.
Crimes
(Superannuation Benefits) Act 1989
10 Subsection 2(1) (definition of
sentence)
Repeal the definition, substitute:
sentence does not include:
(a) a sentence that is wholly suspended; or
(b) a sentence passed, or an order made, under subsection 20AB(1) of the
Crimes Act 1914.
11 Subsection 17(1)
Repeal the subsection, substitute:
(1) If the DPP is authorised to apply for a superannuation order in
respect of a person who is taken to have been convicted of an offence because of
paragraph 6(1)(b), the DPP must make that application to the appropriate
court.
(1A) If:
(a) the DPP is authorised to apply for a superannuation order in respect
of a person who is convicted of 1 or more offences; and
(b) the person is sentenced to imprisonment for life in respect of the
offence, or any of the offences; or:
(i) if there is only 1 offence—to imprisonment for a term longer
than 12 months; or
(ii) if there are 2 or more offences—to imprisonment for a single
term longer than 12 months, or to cumulative terms that together add up to
longer than 12 months, in respect of all or any of them;
the DPP must make that application to the appropriate court.
12 Subsection 17(2)
Omit “subsection (1)”, substitute “this
section”.
13 Paragraph 23(1)(b)
Repeal the paragraph, substitute:
(b) the person’s sentence is so reduced or otherwise changed that it
would no longer support the making of an application for a superannuation order
under subsection 17(1A); or
14 Paragraph 23(1)(c)
Omit all the words after “that offence,”, substitute
“does not receive a sentence that would support the making of an
application for a superannuation order under subsection 17(1A)”.
15 Paragraph 25(1)(b)
Omit “is one of imprisonment for life or for a term longer than 12
months”, substitute “would support the making of an application for
a superannuation order under subsection 17(1A)”.
16 Paragraph 37(1)(b)
Repeal the paragraph, substitute:
(b) the defendant is convicted of the offence, but does not receive a
sentence that would support the making of an application for a superannuation
order under subsection 17(1A);
17 Subparagraph
208DA(3)(b)(ii)
Repeal the subparagraph, substitute:
(ii) apply the proceeds of the sale or disposition in accordance with
subsection (3A); and
18 After subsection
208DA(3)
Insert:
(3A) The proceeds of the sale or disposition of condemned goods
transferred to the Official Trustee under subsection (2) must be applied in
payment of:
(a) the Official Trustee’s remuneration; and
(b) the other costs, charges and expenses of the kind referred to in
section 243P that are payable to, or incurred by, the Official Trustee in
connection with the sale or disposition; and
(c) if the goods were seized by, or delivered into the custody of, a
member of the Australian Federal Police under a seizure warrant, or under
section 203B, 203C or 204—the costs, charges and expenses incurred by, or
on behalf of, the Commonwealth in connection with the transportation, storage,
custody and control of the goods before their transferral to the Official
Trustee.
19 Subsection 15(3)
Repeal the subsection, substitute:
(3) If a person is remanded in custody after making an application for
bail, the person cannot make another application for bail during that remand
unless there is evidence of a change of circumstances that might justify bail
being granted.
20 Subsection 49(2)
Repeal the subsection, substitute:
(2) The police officer must, as soon as practicable, take the person
before a magistrate.
(3) If the magistrate is satisfied that the person has escaped from
custody authorised by this Act, the magistrate may issue a warrant authorising
any police officer to return the person to the custody referred to in subsection
(1).
21 Paragraph 23(1)(b)
Omit “46”, substitute “45”.
22 Paragraph 23(2)(b)
Omit “46”, substitute “45”.
23 Subsection 23A(1A)
Omit “46”, substitute “45”.
24 Paragraph 30(1)(d)
Repeal the paragraph, substitute:
(d) the restraining order is in force at the end of:
(i) the period of 6 months starting on the day of the conviction;
or
(ii) if an order under section 30A is in force at the end of that
period—the end of the extended period;
25 At the end of subsection
30(1)
Add “, or that extended period, as the case may be”.
26 After section 30
Insert:
(1) If:
(a) a person (the defendant) is convicted of a serious
offence; and
(b) a restraining order is or was granted in reliance on:
(i) the defendant’s conviction of the offence; or
(ii) the charging or proposed charging of the defendant with the offence
or a related offence; and
(c) a person makes a section 48 application in relation to the restraining
order;
the person mentioned in paragraph (c) may apply to the court for an order
extending the waiting period in relation to the defendant’s
conviction.
(2) Subsection (1) does not apply if the person is taken to have been
convicted of the serious offence because of paragraph 5(1)(d).
(3) An application under this section must be made before the end of the
waiting period concerned.
(4) Subject to subsection (5), the court may, on an application made under
this section, extend the waiting period for such further period as the court
specifies. The further period must not, however, be longer than 9 months from
the end of the waiting period concerned.
(5) The court must not grant an application under this section unless
satisfied that the applicant made the section 48 application without undue
delay, and has since diligently prosecuted that application.
(6) If the court extends a waiting period, the extended period
ends:
(a) when the period specified by the court ends; or
(b) when the section 48 application is finally determined;
whichever happens first.
(7) If:
(a) the court makes an order under this section; and
(b) the section 48 application is finally determined within the period of
6 months starting on the day of the defendant’s conviction;
the order under this section stops being in force on the day the section 48
application is finally determined.
(8) In this section:
section 48 application means an application under subsection
48(2), (3) or (4).
waiting period, in relation to a person’s conviction of
an offence, means the period of 6 months mentioned in subparagraph
30(1)(d)(i).
27 Subparagraph
34C(1)(a)(ii)
Omit “46”, substitute “45”.
28 Subsection 85(2)
Repeal the subsection, substitute:
(2) Any conduct engaged in on behalf of a body corporate by a director,
servant or agent of the body corporate within the scope of his or her actual or
apparent authority is taken, for the purposes of a prosecution for an offence
against this Act, to have been engaged in also by the body corporate, unless it
establishes that it took reasonable precautions and exercised due diligence to
avoid the conduct.
29 Subsection 22(2)
After “disclosure”, insert “or the disclosure is made for
the purpose of making a complaint, or providing information, to the Ombudsman
under the Ombudsman Act 1976 or the Complaints (Australian Federal
Police) Act 1981”.
Australian
Bicentennial Authority Act 1980
1 Subsection 22(7)
Repeal the subsection.
Banks
(Shareholdings) Act 1972
2 Section 16
Repeal the section.
Crimes
(Taxation Offences) Act 1980
3 Subsection 9(4)
Repeal the subsection.
Financial
Corporations Act 1974
4 Section 29
Repeal the section.
Foreign
Acquisitions and Takeovers Act 1975
5 Section 33
Repeal the section.
6 Subsection 75(8)
Repeal the subsection.
7 Subsection 40(4)
Repeal the subsection.
Public
Accounts Committee Act 1951
8 Subsection 21(4)
Repeal the subsection.
Public
Works Committee Act 1969
9 Section 34
Repeal the section.