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TOTAL RESULTS: 92

  • Date
    29 Mar 2023 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Anti-Money Laundering and Counter-Terrorism Financing Act 2006
    to: clarify the application of civil penalties to ongoing failure to enrol with the Australian Transaction Reports and Analysis Centre (AUSTRAC) before providing a designated service; allow automated decision-making for certain decisions; and reinstate protections on the use and disclosure of sensitive AUSTRAC information in connection with courts and tribunal proceedings;
    Australian Crime Commission Act 2002
    to relocate a penalty for non compliance with the provision to which it relates;
    Crimes Act 1914
    to: replace references to ‘judicial officer’ with ‘bail authority’; and make minor amendments to rectify incorrect referencing;
    Criminology Research Act 1971
    to provide that the appointment of the Commonwealth representative to the Criminology Research Advisory Council can be made by designation of a position;
    Foreign Evidence Act 1994
    to make technical amendments relating to the use of foreign material in Australian proceedings;
    International Transfer of Prisoners Act 1997
    to: provide that the Attorney-General may refuse consent to a request or application for transfer to or from Australia at an earlier stage in the process; and make minor technical amendments;
    Mutual Assistance in Criminal Matters Act 1987
    to expand the existing mandatory ground of refusal regarding torture;
    Telecommunications (Interception and Access) Act 1979
    to expand the matters on which jurisdictional public interest monitors can make submissions; and
    Witness Protection Act 1994
    to: ensure that past participants of Australian Federal Police (AFP) witness protection programs are covered by the Act; enable participants to be temporarily suspended from the National Witness Protection Program where the AFP is unable to provide them with protection or assistance; and make minor and technical amendments. Also amends five Acts to update references to the South Australian Independent Commission Against Corruption. 

    Bill | Explanatory Memorandum

  • Date
    08 Sep 2022 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Crimes Act 1914
    and
    Criminal Code Act 1995
    to extend the sunset dates for certain Australian Federal Police counter-terrorism powers from 7 December 2022 to 7 December 2023. 

    Bill | Explanatory Memorandum

  • Date
    09 Feb 2022 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Treasury 
    Summary
    Amends the:
    Terrorism Insurance Act 2003
    to: establish a framework for a cyclone and cyclone-related flood damage reinsurance pool by extending the operation of the terrorism reinsurance scheme administered by the Australian Reinsurance Pool Corporation (ARPC); and amend the title of the Act to the
    Terrorism and Cyclone Insurance Act 2003
    ; and
    Insurance Act 1973
    to create a civil penalty for insurers who do not reinsure eligible cyclone risks with the ARPC. 

    Bill | Explanatory Memorandum

  • Date
    11 Aug 2021 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Foreign Affairs 
    Summary
    Amends the
    Charter of the United Nations Act 1945
    to: specify that certain counter-terrorism financial sanctions lists and revocations be made by legislative instrument; and confirm the validity of action that has been taken, or which may need to be taken, in respect of conduct in relation to existing counter-terrorism financial sanctions listings that were made but not registered on the Federal Register of Legislation at the time of their making. 

    Bill | Explanatory Memorandum

  • Date
    04 Aug 2021 
    Chamber
    Senate 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Criminal Code Act 1995
    to extend the operation of the declared areas provisions for a further 3 years and the control order regime and the preventative detention orders (PDO) regime for a further 15 months;
    Intelligence Services Act 2001
    to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the declared areas provisions prior to their sunset date;
    Crimes Act 1914
    to extend the operation of the stop, search and seizure powers for a further 15 months; and
    Independent National Security Legislation Monitor Act 2010
    to extend the reporting date for the Independent National Security Legislation Monitor’s review of continuing detention orders for high risk terrorist offenders to as soon as practicable after 7 December 2021. 

    Bill | Explanatory Memorandum

  • Date
    03 Sep 2020 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Criminal Code Act 1995
    to provide for a State or Territory Supreme Court to make an extended supervision order (ESO) as an alternative to a continuing detention order, which may impose conditions on high risk terrorist offenders;
    National Security Information (Criminal and Civil Proceedings) Act 2004
    to provide for the availability of court-only evidence in ESO proceedings;
    Crimes Act 1914
    ,
    Telecommunications (Interception and Access) Act 1979
    and
    Surveillance Devices Act 2004
    to extend the application of the existing control order monitoring warrant provisions to the monitoring of ESOs;
    Australian Security Intelligence Organisation Act 1979
    and
    Administrative Decisions (Judicial Review) Act 1977
    to make consequential amendments; and
    Telecommunications (Interception and Access) Act 1979
    to make amendments contingent on the commencement of the
    Telecommunications Legislation Amendment (International Production Orders) Act 2020

    Bill | Explanatory Memorandum

  • Date
    17 Oct 2019 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Home Affairs 
    Summary
    Amends the:
    Anti-Money Laundering and Counter-Terrorism Financing Act 2006
    to: expand the circumstances in which reporting entities may rely on customer identification and verification procedures undertaken by a third party; explicitly prohibit reporting entities from providing a designated service if customer identification procedures cannot be performed; prohibit financial institutions from entering into a correspondent banking relationship that permits its accounts to be used by a shell bank; require banks to conduct due diligence assessments before entering, and during, all correspondent banking relationships; and expand exceptions to the prohibition on tipping off to permit reporting entities to share suspicious matter reports and related information with external auditors and foreign members of corporate and designated business groups;
    Anti-Money Laundering and Counter-Terrorism Financing Act 2006
    and
    Inspector-General of Intelligence and Security Act 1986
    to replace existing 'designated agency' information sharing provisions (relating to the use and disclosure of AUSTRAC information) with a more general information sharing power;
    Anti-Money Laundering and Counter-Terrorism Financing Act 2006
    ,
    Proceeds of Crime Act 2002
    and
    Surveillance Devices Act 2004
    to create a single reporting requirement for the cross-border movement of monetary instruments;
    Criminal Code Act 1995
    to: clarify that the existence of one Commonwealth constitutional connector is sufficient to establish an instrument of crime offence; deem money or property provided by undercover law enforcement as part of a controlled operation to be the proceeds of crime for the purposes of prosecution; and provide for transitional arrangements; and
    Australian Federal Police Act 1979
    to create a new offence of dishonestly representing conferral of police awards. 

    Bill | Explanatory Memorandum

  • Date
    19 Sep 2019 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Home Affairs 
    Summary
    Amends the:
    Australian Citizenship Act 2007
    to: replace the current arrangements, whereby a person’s Australian citizenship automatically ceases through certain conduct, with a discretion for the Minister for Home Affairs to determine that a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if they have: engaged in specified terrorism-related conduct; fought for, or been in the service of, a declared terrorist organisation outside Australia; or engaged in conduct that results in a conviction for a specified terrorism offence; include transitional provisions to deal with cases where the minister is unaware that a person may have lost their citizenship under the current provisions; reduce the sentence term threshold for which a person convicted of a specified terrorism offence may be considered for citizenship cessation from 6 to 3 years; and extend the period in which persons convicted of a specified terrorism offence resulting in at least 3 years imprisonment may be considered for citizenship cessation from 12 December 2015 to 29 May 2003; and
    Independent National Security Legislation Monitor Act 2010
    and
    Intelligence Services Act 2001
    to enable the Independent National Security Legislation Monitor and the Parliamentary Joint Committee on Intelligence and Security to review the operation, effectiveness and implication of the citizenship cessation provisions. 

    Bill | Explanatory Memorandum

  • Date
    11 Sep 2019 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Crimes Act 1914
    to: insert community safety as a factor that can be taken into account to revoke the parole of a federal offender without notice; remove the requirement to seek leave before a recorded interview of a vulnerable witness can be admitted as evidence in chief; remove the requirement for vulnerable witnesses to be available to give evidence at committal proceedings; introduce mandatory minimum penalties for certain Commonwealth child sex offences and offenders; require a court to state and record the reasons for granting bail; insert a presumption against bail for certain Commonwealth child sex offenders; insert additional factors which must be taken into account when sentencing federal offenders; require the court to have regard to certain rehabilitation considerations when sentencing Commonwealth child sex offenders; insert presumptions in favour of cumulative sentences and actual terms of imprisonment for Commonwealth child sex offenders; impose certain requirements on Commonwealth child sex offenders under a recognizance release order; add ‘residential treatment orders’ as a sentencing alternative for intellectually disabled offenders; reduce the amount of ‘clean street time’ that can be credited against the outstanding sentence following commission of an offence by a person on parole and licence; require a period of time to be served in custody if a federal offender’s parole order is revoked; and make amendments contingent on the commencement of the
    Combatting Child Sexual Exploitation Legislation Amendment Act 2019
    and
    Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
    ;
    Criminal Code Act 1995
    to: clarify the scope of the definition of ‘engage in sexual activity’; insert a range of new aggravated offences for child sexual abuse; insert new offences relating to ‘grooming’ and the provision of electronic services to facilitate dealings with child abuse material online; increase the maximum penalties for certain Commonwealth child sex offences and breaches of reporting requirements; insert new additional factors for mandatory consideration at sentencing; and make amendments contingent on the commencement of the
    Combatting Child Sexual Exploitation Legislation Amendment Act 2019

    Bill | Explanatory Memorandum

  • Date
    01 Aug 2019 
    Chamber
    Senate 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Crimes Act 1914
    to: expand the existing presumption against bail and parole for persons charged or convicted of a terrorism offence to include persons being considered for bail for a further federal offence, persons the subject of a control order and persons who have demonstrated support for, or have links to, terrorist activity; and make it explicit that the best interests of a child must be considered as a primary consideration by the relevant decision maker at the key points in the criminal justice processes of bail, sentencing and parole; and
    Criminal Code Act 1995
    to: expand eligibility for the continuing detention order (CDO) scheme by ensuring that terrorist offenders who are currently serving a period of imprisonment for a terrorism offence and another offence remain eligible for consideration for a CDO at the conclusion of their term of imprisonment; and amend the information disclosure obligations in relation to sensitive national security information in CDO applications. 

    Bill | Explanatory Memorandum