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• Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill 2015

  Track (What's this?)

  Date

  26 Nov 2015 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the:

  Proceeds of Crime Act 2002

  to clarify the operation of the non-conviction based proceeds of crime regime in response to two recent court decisions;

  Criminal Code Act 1995

  to create two new offences of false dealing with accounting documents; and amend the serious drug offences to clarify the definitions of ‘drug analogue’ and ‘manufacture’ and to ensure that they capture all relevant substances and processes;

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  to expand the ability of designated officials and agencies to share information under the Act; and to allow the Independent Commissioner Against Corruption of South Australia to access AUSTRAC information; and

  AusCheck Act 2007

  to clarify and extend the circumstances under which AusCheck can disclose AusCheck background check information to the Commonwealth and to certain state and territory government agencies. 

  Bill | Explanatory Memorandum

• Law Enforcement Legislation Amendment (Powers) Bill 2015

  Track (What's this?)

  Date

  26 Mar 2015 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the

  Australian Crime Commission Act 2002

  and

  Law Enforcement Integrity Commissioner Act 2006

  to: clarify the powers of Australian Crime Commission examiners to conduct examinations, and the Integrity Commissioner, supported by the Australian Commission for Law Enforcement Integrity, to conduct hearings; and authorise the use of derivative material obtained from an examination or hearing, and specify the circumstances in which examination, hearing and derivative material may be provided to a prosecutor. 

  Bill | Explanatory Memorandum

• Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Collection) Amendment Bill 2014

  Track (What's this?)

  Date

  24 Sep 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Introduced with the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Amendment Bill 2014, the bill amends the

  Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Collection) Act 2011

  to implement a new industry contribution to fund the regulatory and financial intelligence unit functions of the Australian Transaction Reports and Analysis Centre by: creating the liability for a leviable entity for a financial year to pay the industry contribution levy in that financial year; enabling the Australian Transaction Reports and Analysis Centre CEO to specify the date for payment of instalments of the levy; providing for late payment penalties; and requiring an independent review of the levy to be undertaken. 

  Bill | Explanatory Memorandum

• Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Amendment Bill 2014

  Track (What's this?)

  Date

  24 Sep 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Introduced with the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Collection) Amendment Bill 2014, the bill amends the

  Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011

  to implement a new industry contribution to fund the regulatory and financial intelligence unit functions of the Australian Transaction Reports and Analysis Centre by: enabling the minister to determine the amount of levy payable by legislative instrument; and setting a statutory limit on the contribution amount levied. 

  Bill | Explanatory Memorandum

• G20 (Safety and Security) Complementary Bill 2014

  Track (What's this?)

  Date

  20 Mar 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Clarifies the interaction between the

  G20 (Safety and Security) Act 2013

  (Qld) and existing Commonwealth aviation and airports legislation at the Brisbane Airport during the G20 Summit in Brisbane in 2014. 

  Bill | Explanatory Memorandum

• Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014

  Track (What's this?)

  Date

  05 Mar 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the:

  Proceeds of Crime Act 2002

  to respond to eight of the recommendations of the Parliamentary Joint Committee on Law Enforcement report

  Inquiry into Commonwealth unexplained wealth legislation and arrangements

  by: including a statement in the objects about undermining the profitability of criminal enterprise; ensuring that evidence relevant to unexplained wealth proceedings can be seized under a search warrant; addressing duplication in affidavit requirements; allowing the time limit for serving notice of a preliminary unexplained wealth order to be extended by a court in certain circumstances; harmonising provisions relating to the payment of legal expenses for unexplained wealth cases; allowing charges to be created over restrained property to secure payment of an unexplained wealth order; removing a court’s discretion to make unexplained wealth restraining orders, preliminary unexplained wealth orders and unexplained wealth orders once relevant criteria are satisfied; and expanding the parliamentary joint committee’s oversight of unexplained wealth investigations and litigation. Also amends the

  Proceeds of Crime Act 2002

  to: make amendments consequential on the unexplained wealth changes; expand information sharing arrangements with state, territory and foreign authorities; and to make technical amendments. 

  Bill | Explanatory Memorandum

• Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Bill 2012

  Track (What's this?)

  Date

  15 Feb 2012 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the:

  Classification (Publications, Films and Computer Games) Act 1995

  to create an R 18+ Restricted category for computer games; and

  Broadcasting Services Act 1992

  to make a consequential amendment. 

  Bill | Explanatory Memorandum

• Crimes Legislation Amendment (Powers and Offences) Bill 2012

  Track (What's this?)

  Date

  23 Nov 2011 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the:

  Crimes Act 1914

  in relation to: the procedures governing the collection and use of DNA forensic material; parole conditions for federal offenders; and the enforcement of Commonwealth fines by certain state and territory agencies;

  Australian Crime Commission Act 2002

  to: allow the Chief Executive Officer of the Australian Crime Commission to share information with private sector bodies for specified purposes; and introduce rules governing the use, sharing and retention of seized things;

  Law Enforcement Integrity Commissioner Act 2006

  in relation to: contempt of the Australian Commission for Law Enforcement Integrity (ACLEI); arrest warrants; search warrants; and notices to produce and summon;

  Privacy Act 1988

  in relation to non-disclosure for notices to produce;

  Surveillance Devices Act 2004

  to enable certain ACLEI officers to use optical surveillance devices in certain circumstances;

  Criminal Code Act 1995

  to list additional substances and quantities to be subject to the Commonwealth serious drug offences;

  Customs Act 1901

  to clarify powers available to the Australian Customs and Border Protection Service to seize border controlled drugs, plants and precursors without a warrant;

  Director of Public Prosecutions Act 1983

  and

  Proceeds of Crime Act 2002

  to allow a court to restrict the publication of certain matters in relation to applications for freezing orders and restraining orders; and

  Proceeds of Crime Act 2002

  to enable Australian Federal Police employees and certain secondees to commence and conduct proceeds of crime litigation. 

  Bill | Explanatory Memorandum

• Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011

  Track (What's this?)

  Date

  06 Jul 2011 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the:

  Extradition Act 1988

  and

  Mutual Assistance in Criminal Matters Act 1987

  to enable Federal Magistrates to perform functions under these Acts;

  Extradition Act 1988

  ,

  Migration Act 1958

  and

  Mutual Assistance in Criminal Matters Act 1987

  in relation to privacy and information disclosures relating to extradition and mutual assistance processes;

  Extradition Act 1988

  to: limit the jurisdiction to review extradition decisions to the Federal Court of Australia; enable a person to waive the extradition process in certain circumstances; provide that Australia may refuse extradition when a person may be punished, or discriminated against, upon surrender on the basis of their sex or sexual orientation; limit the factors the minister is required to consider before giving a notice accepting an extradition request; enable persons to consent to being extradited for a wider range of offences; enable the minister to give a legally enforceable undertaking as to the maximum sentence that could be imposed on a person before the person is extradited to Australia; enable a person to be prosecuted in any circumstances when Australia has refused extradition; make technical amendments relating to notices; extend the availability of bail in extradition proceedings; and make technical amendments;

  Extradition Act 1988

  and

  Migration Act 1958

  to exempt certain conduct from the definition of ‘political offence’;

  Mutual Assistance in Criminal Matters Act 1987

  to: expand the application of the grounds of refusal to a mutual assistance request from a foreign country; provide that evidence may be taken before an Australian magistrate for live transmission by video link back to a court in a foreign country; and enable non-conviction based proceeds of crime and non-conviction based foreign restraining orders to be registered at the request of any country;

  Mutual Assistance in Criminal Matters Act 1987

  and

  Telecommunications (Interception and Access) Act 1979

  to: provide that lawfully intercepted and accessed information is only provided to foreign countries in certain circumstances; and require the minister to report annually on the provision of this information;

  Mutual Assistance in Criminal Matters Act 1987

  and

  Surveillance Devices Act 2004

  to enable Australia to make and receive requests relating to the use of surveillance devices;

  Mutual Assistance in Criminal Matters Act 1987

  and

  Crimes Act 1914

  to enable forensic material to be obtained from a person in relation to a foreign serious offence at the request of a foreign country; and

  Migration Act 1958

  ,

  Mutual Assistance in Criminal Matters Act 1987

  and

  Surveillance Devices Act 2004

  to make miscellaneous and technical amendments. 

  Bill | Explanatory Memorandum

• Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Bill 2011

  Track (What's this?)

  Date

  26 May 2011 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends the

  International Criminal Court Act 2002

  ,

  International War Crimes Tribunals Act 1995

  and

  Mutual Assistance in Criminal Matters 1987

  to respond to the High Court decision in

  International Finance Trust Company Ltd v New South Wales Crime Commission

  (2009) 240 CLR 319 by providing that courts have the discretion to refuse to register a foreign proceeds of crime order if it would be contrary to the interests of justice to register the order. 

  Bill | Explanatory Memorandum