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TOTAL RESULTS: 98

• Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014

  Track (What's this?)

  Date

  17 Jul 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Criminal Code Act 1995

  to: introduce an offence for importing all substances that have a psychoactive effect; introduce an offence for importing a substance which is similar to a serious drug; introduce international firearms trafficking offences and mandatory minimum sentences; extend existing cross-border disposal or acquisition firearms offences; and clarify that certain slavery offences have universal jurisdiction;

  Customs Act 1901

  to: ensure that Australian Customs and Border Protection Service and Australian Federal Police (AFP) officers have appropriate powers in relation to the new offences; and create a procedure for dealing with claims for the return of seized psychoactive substances;

  International Transfer of Prisoners Act 1997

  in relation to the international transfer of prisoners regime within Australia; and

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  ,

  Criminal Code Act 1995

  ,

  Customs Act 1901

  ,

  Financial Transaction Reports Act 1988

  and

  Surveillance Devices Act 2004

  to make minor and technical amendments. Also validates access by the AFP to certain investigatory powers in designated state airports from 19 March until 17 May 2014. 

  Bill | Explanatory Memorandum

• 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

• Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

  Track (What's this?)

  Date

  19 Mar 2015 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends: the

  Criminal Code Act 1995

  to: make recklessness the fault element for attempted serious drug offences and remove the intent to manufacture element from offences relating to the importation of border controlled precursors; clarify that proof of an intention to influence a particular foreign official is not required to establish the offence; clarify the scope and application of the war crime offence of outrages upon personal dignity in a non-international armed conflict; expand the definition of forced marriage to apply when a person is incapable of understanding the nature and effect of a marriage ceremony; insert the concept of ‘knowingly concerned’ in the commission of an offence as an additional form of secondary criminal liability; and introduce a mandatory sentence of five years imprisonment for firearm trafficking; the

  Crimes Act 1914

  and

  Commonwealth Places (Application of Laws) Act 1970

  to make amendments in relation to the sentencing, imprisonment and release of federal offenders; the

  Transfer of Prisoners Act 1983

  to enable the interstate transfer of federal prisoners to occur at a location other than a prison for federal prisoners approved for transfer; the

  Crimes Act 1914

  to: enable the Attorney-General’s Department to share information about federal offenders with relevant third party agencies; and clarify the operation of controlled operations provisions; the

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  to address enforceability issues and operational constraints identified by the Australian Transaction Reports and Analysis Centre; the Law Enforcement Integrity Commissioner Act 2006 to amend the powers and functions of the commissioner; and remove the time limits on the secondment of officers to the commission; the

  Australian Crime Commission Act 2002

  to make technical amendments in relation to the special operations and investigations of the commission; the

  Proceeds of Crime Act 2002

  to increase penalties for failing to comply with a production order or with a notice to a financial institution in proceeds of crime investigations; the

  Proceeds of Crime Act 2002

  ,

  Australian Federal Police Act 1979

  ,

  Crimes (Superannuation Benefits) Act 1989

  and

  Mutual Assistance in Criminal Matters Act 1987

  to make technical amendments in relation to proceeds of crime; ten Acts to enable the Independent Commissioner Against Corruption of South Australia to access information from certain Commonwealth agencies, rely on defences for certain Commonwealth telecommunications offences, and apply for certain types of search warrants; and the

  Classification (Publications, Films and Computer Games) Act 1995

  to make technical amendments. 

  Bill | Explanatory Memorandum

• Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013

  Track (What's this?)

  Date

  29 May 2013 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  to: authorise Australian Transaction Reports and Analysis Centre (AUSTRAC) staff to provide AUSTRAC information to the Australian Commission for Law Enforcement Integrity (ACLEI) with appropriate protection for that information; enable AUSTRAC to conduct internal reviews of certain decisions; create an exception to an offence and extend certain offences; enable the Clean Energy Regulator and the Integrity Commission of Tasmania to access AUSTRAC data; and enable AUSTRAC to engage private sector secondees;

  Law Enforcement Integrity Commissioner Act 2006

  to: require certain evidence to only be given in private; and enable ACLEI to second employees of the Australian Federal Police and other unsworn police officers;

  Crimes Act 1914

  and

  Criminal Code Act 1995

  in relation to victims of slavery, slavery-like and human trafficking offences to: extend vulnerable witness protections to adult victims and to enable evidence to be given in retrials and subsequent trials; provide for the use of victim impact statements; and enable courts to hear evidence by video-link from witnesses outside Australia;

  Crimes Act 1914

  to remove wrist x-ray as a prescribed age determination procedure;

  Migration Act 1958

  to: ensure that the prosecution bears the onus of proof in establishing age; enable the use of evidentiary certificates in the prosecution of people smuggling offences; and provide that all the time spent in immigration detention or on remand prior to sentencing is recognised in the sentencing of those convicted of people smuggling offences;

  International Transfer of Prisoners Act 1997

  and

  International War Crimes Tribunals Act 1995

  to enable Australia to recognise the United Nations’ International Residual Mechanism for Criminal Tribunals;

  Australian Federal Police Act 1979

  to enable the minister to enter into certain arrangements with either the administrator or the minister responsible for an external territory; and

  Telecommunications (Interception and Access) Act 1979

  to make a technical amendment. 

  Bill | Explanatory Memorandum

• Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2018

  Track (What's this?)

  Date

  23 Nov 2016 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Justice 

  Summary

  Amends: six Acts to ensure that assistance that Australia can currently provide to foreign countries can also be provided to the International Criminal Court and international war crimes tribunals; the

  Mutual Assistance in Criminal Matters Act 1987

  to: amend provisions in relation to proceeds of crime search warrants; clarify which foreign proceeds of crime orders can be registered in Australia; clarify the roles of judicial officers in domestic proceedings to produce documents or articles for a foreign country; and make minor and technical amendments; the

  Extradition Act 1988

  to ensure that magistrates and judges have powers to make orders necessary for the conduct of extradition proceedings; the

  Foreign Evidence Act 1994

  to: ensure foreign evidence can be appropriately certified; and extend the application of foreign evidence rules to proceedings in the external territories and the Jervis Bay territory; the

  Crimes Act 1914

  to ensure the offence of identifying a child witness or vulnerable adult complainant extends to identifying a child complainant; the

  Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013

  to clarify the application of supports and protections for victims and witnesses to future criminal proceedings, regardless of when the alleged conduct occurred; the

  Crimes Act 1914

  ,

  Criminal Code Act 1995

  and

  Telecommunications (Interception and Access) Act 1979

  to clarify the operation of human trafficking, slavery and slavery-like offences; the

  War Crimes Act 1945

  to streamline reporting arrangements; the

  Australian Federal Police Act 1979

  to: ensure that the Australian Federal Police’s alcohol and drug testing program and integrity framework apply to the entire workforce; ensure that the most up to date testing standards can be employed at the time a sample is provided; and clarify the processes for resignation in cases of serious misconduct or corruption; the

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  to: enable travellers departing Australia to report cross-border movements of physical currency electronically; and enable the Australian Charities and Not-for-Profits Commission to access AUSTRAC information; the

  Australian Crime Commission Act 2002

  to clarify the use of the Australian Crime Commission’s prescribed alternative name; and the

  AusCheck Act 2007

  to enable AusCheck to conduct and coordinate background checks in relation to major national events. 

  Bill | Explanatory Memorandum

• Crimes and Other Legislation Amendment (Omnibus) Bill 2023

  Track (What's this?)

  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

• Counter-Terrorism Legislation Amendment Bill 2019

  Track (What's this?)

  Date

  20 Feb 2019 

  Chamber

  House of Representatives 

  Status

  Not Proceeding 

  Portfolio

  Attorney-General 

  Summary

  Amends the

  Crimes Act 1914

  to: introduce a presumption against parole for persons charged with or convicted of a terrorism offence (or previously charged with or convicted of certain offences), persons subject to a control order and persons who have made statements or carried out activities supporting, or advocating support for, terrorist acts; and provide that the best interests of the child are a primary consideration, with the protection of the community the paramount consideration, when determining whether exceptional circumstances exist to rebut the presumption against bail where the person is under the age of 18 years, when determining whether exceptional circumstances exist to justify a departure from the minimum non-parole period for a terrorism offence where the offender is under the age of 18 years, and when determining whether exceptional circumstances exist to justify the release of a terrorist offender or terrorism-related offender on parole; and

  Criminal Code Act 1995

  to: provide that terrorist offenders serving a term of imprisonment for a terrorism offence and another offence are eligible for consideration of a continuing detention order (CDO) at the conclusion of their term; and provide that the requirement to provide a complete copy of a CDO application to a terrorist offender is subject to any court orders made relating to the protection of information in the application or any certificate issued by the Attorney-General under the

  National Security Information (Criminal and Civil Proceedings) Act 2004

  . 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2018

  Track (What's this?)

  Date

  24 May 2018 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Administrative Decisions (Judicial Review) Act 1977

  to exclude from review decisions of senior Australian Federal Police (AFP) members in relation to consent for the purposes of applications to vary interim control orders;

  Criminal Code Act 1995

  to: extend the operation of the control order regime, the preventative detention order (PDO) regime and the declared areas offences for a further three years; allow an issuing court to vary an interim control order; clarify the evidential weight that the issuing court must give to an original request for an interim control order during the confirmation proceedings; extend the minimum time period between an interim and a confirmation hearing for a control order; provide that the issuing court cannot make costs orders against a controlee except in limited circumstances; require the AFP to notify the Parliamentary Joint Committee on Intelligence and Security (PJCIS) after the making of initial or continued preventative orders or a prohibited contact order; create an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross; enable the Minister for Foreign Affairs to revoke a declaration of a declared area prior to the expiry of the declaration; enable the PJCIS to review a declaration of a declared area at any time while it is in effect and to table a report in both Houses of Parliament following its review; and amend provisions in relation to the protection of sensitive information in continuing detention order proceedings;

  Crime Act 1914

  to: extend the operation of stop, search and seize powers for a further three years; require the AFP to report as soon as practicable after the exercise of these powers; and require the minister to report annually to the Parliament;

  Australian Security Intelligence Organisation Act 1979

  to extend the questioning, and questioning and detention, warrant regime for a further 12 months; and

  Intelligence Services Act 2001

  to: require the PJCIS to review the PDO regime, declared areas provisions and the stop, search and seize powers ahead of their sunset date; and enable the PJCIS to monitor and review the performance of the AFP in relation to its stop, search and size powers, and the exercise of the Minister for Home Affairs’ power to declare prescribed security zones. 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2016

  Track (What's this?)

  Date

  15 Sep 2016 

  Chamber

  Senate 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Criminal Code Act 1995

  to: enable the receipt of funds from terrorist organisations for legal assistance in certain circumstances; enable control orders to be imposed on persons from 14 years of age; impose an obligation on a person subject to a requirement to wear a tracking device to maintain the tracking device in good operational order and create offences for interfering with the operation of a tracking device; authorise the Australian Federal Police to ensure that the tracking device remains operational and to enter premises to install equipment necessary for the operation of the tracking device; remove the authority of the Family Court of Australia to issue control orders and preventative detention orders (PDOs); clarify the meaning of ‘imminence’ for the purposes of obtaining a PDO; and create a new offence prohibiting conduct advocating genocide;

  Crimes Act 1914

  ,

  Criminal Code Act 1995

  ,

  Surveillance Devices Act 2004

  and

  Telecommunications (Interception and Access) Act 1979

  to establish regimes to monitor the compliance of individuals subject to a control order through search warrants, surveillance device warrants and telecommunications interception warrants;

  Australian Security Intelligence Organisation Act 1979

  to enable the Australian Security Intelligence Organisation to furnish security assessments directly to states and territories; and provide that unauthorised disclosures of information by members of the community, except those who are entrusted persons, only constitute an offence if the information endangers the health or safety of a person or prejudices the effective conduct of a special intelligence operation;

  Classification (Publications, Films and Computer Games) Act 1995

  to broaden the range of conduct that may be considered as advocating the doing of a terrorist act;

  Crimes Act 1914

  to clarify the threshold requirements for the issue of a delayed notification search warrant;

  National Security Information (Criminal and Civil Proceedings) Act 2004

  to: broaden protections for national security information in control order proceedings; provide for a special advocate to represent the interests of people subject to control order proceedings who have been excluded from parts of a proceeding; enable a court to make an order that is inconsistent with regulations made under the Act if the Attorney-General has applied for the order; and enable the regulations to continue to apply to the extent they provide for ways of dealing with national security information in criminal and civil proceedings;

  Taxation Administration Act 1953

  to enable the disclosure of certain information; and

  Administrative Appeals Tribunal Act 1975

  and

  Public Interest Disclosure Act 2013

  to make consequential amendments. 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2015

  Track (What's this?)

  Date

  12 Nov 2015 

  Chamber

  Senate 

  Status

  Not Proceeding 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Criminal Code Act 1995

  to: enable the receipt of funds from terrorist organisations for legal assistance in certain circumstances; enable control orders to be imposed on persons from 14 years of age; impose an obligation on a person subject to a requirement to wear a tracking device to maintain the tracking device in good operational order; remove the authority of the Family Court of Australia to issue control orders and preventative detention orders (PDOs); clarify the meaning of ‘imminence’ for the purposes of obtaining a PDO; and create a new offence prohibiting conduct advocating genocide;

  Crimes Act 1914

  ,

  Surveillance Devices Act 2004

  and

  Telecommunications (Interception and Access) Act 1979

  to establish regimes to monitor the compliance of individuals subject to a control order through search warrants, surveillance device warrants and telecommunications interception warrants;

  Australian Security Intelligence Organisation Act 1979

  to enable the Australian Security Intelligence Organisation to furnish security assessments directly to states and territories;

  Classification (Publication, Films and Computer Games) Act 1995

  to broaden the range of conduct that may be considered as advocating the doing of a terrorist act;

  Crimes Act 1914

  to clarify the threshold requirements for the issue of a delayed notification search warrant;

  National Security Information (Criminal and Civil Proceedings) Act 2004

  to: broaden protections for national security information in control order proceedings; enable a court to make an order that is inconsistent with regulations made under the Act if the Attorney-General has applied for the order; and enable the regulations to continue to apply to the extent they provide for ways of dealing with national security information in criminal and civil proceedings;

  Taxation Administration Act 1953

  to enable the disclosure of certain information; and

  Administrative Appeals Tribunal Act 1975

  and

  Public Interest Disclosure Act 2013

  to make consequential amendments. 

  Bill | Explanatory Memorandum