Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CRIMES AMENDMENT BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General,
the Honourable Philip Ruddock MP)
CRIMES AMENDMENT BILL 2005
OUTLINE
The purpose of this Bill is to amend the Crimes Act 1914 to enable Commonwealth
participating agencies to request assumed identity documents from State and Territory
issuing agencies in accordance with legislation in force in those jurisdictions.
FINANCIAL IMPACT STATEMENT
There are no direct financial impacts from these amendments.
2
NOTES ON CLAUSES
Clause 1: Short title
The short title of this Act is the Crimes Amendment Act 2005.
Clause 2: Commencement
This clause provides this Act commences on Royal Assent.
Clause 3: Schedule(s)
This clause provides that each Act that is specified in a Schedule is amended or
repealed as set out in that Schedule.
Schedule 1 - Amendment of the Crimes Act 1914
Under a Commonwealth authorisation (section 15XG of the Crimes Act 1914)
Commonwealth participating agencies (defined in section 15XA of the Crimes Act)
can request assumed identity documents from Commonwealth issuing agencies (also
defined in section 15XA of the Crimes Act). This schedule will amend the Crimes Act
to enable Commonwealth participating agencies under a Commonwealth authorisation
to make requests for assumed identity documents from State and Territory issuing
agencies in accordance with State and Territory legislation.
Item 1
This Item will amend the definition of `issuing agency' set out in subsection 15XA(1)
of the Crimes Act by adding a reference to a State agency or a Territory agency. The
amendment ensures that requests to issue assumed identity documents can be made to
an issuing agency of a State or a Territory.
Items 2 and 3
These Items insert definitions for `State agency" and `Territory agency' into subsection
15XA(1) of the Crimes Act.
Item 4
This item amends paragraph 15XG(1)(a) of the Crimes Act to add a reference to State
and Territory agencies. The effect of the amendment is to allow an authorising person
of a Commonwealth participating agency to authorise a person to acquire evidence of
an assumed identity from a State agency or a Territory agency and to use that identity.
Item 5
This item amends paragraph 15XG(3)(a) of the Crimes Act to add a reference to State
and Territory agencies. The effect of the amendment is to allow an authorising person
of a Commonwealth participating agency to authorise a foreign officer (defined in
3
section 15XA of the Crimes Act) to acquire evidence of an assumed identity from a
State agency or a Territory agency and to use that identity.
Item 6
This Item makes a consequential amendment to paragraph 15XI(2)(f) of the Crimes
Act to provide that an authorisation to acquire evidence of, and use, an assumed
identity must specify all State agencies and Territory agencies that are to be requested
to issue evidence of the assumed identity. The amendment is consequential on making
State agencies and Territory agencies `issuing agencies' for the purpose of the assumed
identity provisions in the Crimes Act.
Item 7
This Item adds a new section 15XMA to the Crimes Act. This provision will require
that when a State or a Territory agency receives a request to provide evidence of an
assumed identity from a Commonwealth participating agency, the State or Territory
agency must comply with the request only to the extent that the law of the particular
State or Territory requires it to do so. This provision gives mutual recognition to the
law of the State or Territory by allowing Commonwealth participating authorities to
access the regimes created by the State or Territory but only to the extent that the law
of that State or Territory allows.