RECOMMENDATIONS
Recommendation 1
1.11 The
committee recommends that proposed section 390.3 of the Criminal Code be
amended by limiting its application to circumstances where the accused intended
that the association would facilitate the criminal conduct or proposed criminal
conduct.
Recommendation 2
1.12 The
committee recommends that the defences in proposed subsection 390.3(6) of the
Criminal Code be amended by:
- replacing the existing defences
for legal practitioners with a more general defence that the association was
only for the purpose of providing legal advice or representation; and
- adding a general defence
where the association was reasonable in the circumstances.
Recommendation 3
1.15 The
committee recommends that proposed paragraph 390.4(1)(b) of the Criminal Code
be amended to provide that 'the person intended the provision of the support or
resources would aid the organisation to engage in conduct constituting an
offence against any law.'
Recommendation 4
1.16 The
committee recommends that the maximum penalty for an offence under proposed
section 390.4 of the Criminal Code should be the maximum penalty for the
offence the accused intended to support.
Recommendation 5
1.20 The
committee recommends that subsections 3K(3A) and 3K(3B) of the Crimes Act
should provide for equipment to be moved for examination for an initial period
of no longer than seven days.
Recommendation 6
1.21 The
committee recommends that subsection 3L(1) of the Crimes Act should require
that, before operating electronic equipment at warrant premises to access data,
an officer executing the warrant must have reasonable grounds to suspect that
the data constitutes evidential material.
Recommendation 7
1.27 Subject
to the preceding recommendations, the committee recommends that the Bill be
passed.
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