Crimes Legislation Amendment (Serious and Organised Crime) Bill (No. 2) 2010

Summary

Amends the: Proceeds of Crimes Act 2002 in relation to criminal asset confiscation and money laundering; Crimes Act 1914 to: enable seized material to be used by, and shared between, Commonwealth, state and territory law enforcement agencies; allow law enforcement agencies to access and search electronic equipment; and preserve the right of a person accused of a federal offence in Victoria to appeal a finding that he or she is unfit to plead; Witness Protection Act 1994 to: clarify the application of the Act to witnesses involved in state and territory matters; update the concept of identity; extend protection to former participants and related persons; and update and extend the scope of non-disclosure offences; Criminal Code Act 1995 and Telecommunications (Interception and Access) Act 1979 to: introduce offences into the Criminal Code to target persons involved in serious and organised crime; and ensure that telecommunications interception warrants are available for the investigation of the new offences; Criminal Code Act 1995 and Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to: extend the geographical jurisdiction and the scope of money laundering offences; and expand AUSTRAC’s ability to take enforcement action against non-complying reporting entities; Australian Crime Commission Act 2002 to: expand the Australian Crime Commission’s powers to deal with uncooperative witnesses; clarify procedural powers for issuing summons and notices to produce; and require a five-yearly review of the operation of the Act; Administrative Decisions (Judicial Review) Act 1977, Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979 to make consequential amendments; and Criminal Code Act 1995 to: increase the penalties for bribing foreign and Commonwealth public officials; and provide that drug importation offences apply to offenders engaged in activity connected to the importation of drugs into Australia. Also amends 23 Acts consequent upon the joint commission offence being included in the Criminal Code; and amends 20 Acts consequent on provisions of the Crimes Act 1914 being repealed.

Progress

House of Representatives
Introduced and read a first time	16 Sep 2009
Second reading moved	16 Sep 2009
Second reading debate	18 Nov 2009
Third reading agreed to	18 Nov 2009

Senate
Introduced and read a first time	19 Nov 2009
Second reading moved	19 Nov 2009
Second reading debate	04 Feb 2010
Second reading agreed to	04 Feb 2010
Committee of the Whole debate Amendment details: 10 Government agreed to	04 Feb 2010
Third reading agreed to	04 Feb 2010

House of Representatives
Consideration of Senate message Details: House agreed to Senate amendments	04 Feb 2010


Text of bill as passed both Houses	04 Feb 2010
Assent Act no.: 4 Year: 2010	19 Feb 2010

Documents and transcripts

Text of bill

First reading

As passed by both Houses

Explanatory memoranda

Explanatory memorandum

Replacement explanatory memorandum

Supplementary explanatory memorandum

Transcript of speeches

Proposed amendments

Senate

Government [sheet AF230]

Schedules of amendments

Schedule of the amendments made by the Senate

Bills digest

Bills Digest

Notes

Referred to Committee (17/09/2009): Senate Legal and Constitutional Affairs Legislation Committee
Committee report (16/11/2009)
Committee report (17/11/2009): Errata to report
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)

Helpful information

Text of bill

First reading: Text of the bill as introduced into the Parliament
Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.