House of Representatives Committees

| House of Representatives Standing Committee on Social Policy and Legal Affairs

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Preliminary Pages

Membership of the Committee

Chair

Mr Graham Perrett MP

 

Deputy Chair

Ms Judi Moylan MP

 

Members

Mr Shayne Neumann MP

 

 

Dr Sharman Stone MP

 

 

Mr Ross Vasta MP

Ms Laura Smyth MP

Ms Michelle Rowland MP (to 07/02/12)

Mr Mike Symon MP (from 07/02/12)

 

 

 

Committee Secretariat

Secretary

Dr Anna Dacre

Inquiry Secretary

Mrs Pauline Cullen (until 15/02/2012)

Research Officer

Ms Alicia Lin

 

 

 

 


Inquiry information

On Wednesday 23 November 2011, the Hon Brendan O’Connor MP, Minister for Home Affairs and Justice, introduced the Crimes Legislation Amendment (Powers and Offences) Bill 2011 (the Bill) into the House of Representatives.

On Thursday 24 November 2011, the Selection Committee referred the Bill to the House Standing Committee on Social Policy and Legal Affairs for inquiry.

The Committee received 10 submissions on the Bill. A list of the submissions is at Appendix A. Copies of the submissions have been placed on the Committee’s website.

A public hearing was held in Canberra on Friday 10 February 2012. A list of witnesses who appeared before the Committee at the hearing is at Appendix B.


List of abbreviations

 

ACC

Australian Crime Commission

ACC Act

Australian Crime Commission Act 2003 (Cth)

ACLEI

Australian Commission for Law Enforcement Integrity

AFP

Australian Federal Police

ALRC

Australian Law Reform Commission

ALRC Report

Australian Law Reform Commission’s 2006 Report: Same Crime, Same Time: Sentencing of Federal Offenders

Customs

Australian Customs and Border Protection Service

CEO

Chief Executive Officer

Crimes Act

Crimes Act 1914 (Cth)

Criminal Code

Criminal Code Act 1995 (Cth)

Cth

Commonwealth

Customs

Customs and Border Protection Service

DNA

Deoxyribonucleic acid

DNA Review

DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Review

DPP Act

Director of Public Prosecutions Act 1986 (Cth)

Law Council

Law Council of Australia

LEIC Act

Law Enforcement Integrity Act 2003 (Cth)

NCIDD

National Criminal Investigation DNA Database

PI Regulations

Customs (Prohibited Import) Regulations 1956 Cth

POC Act

Proceeds of Crime Act 2002 (Cth)

Privacy Act

Privacy Act 1988 (Cth)

Privacy Commissioner

Officer of the Privacy Commissioner

RLI

Rule of Law Institute

The Bill

Crimes Legislation Amendment (Powers and Offences) Bill 2011

The Taskforce

Criminal Assets Confiscation Taskforce

 

 


List of recommendations

Schedule 1

Recommendation 1

The Committee recommends that Schedule 1 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 be passed by the house of Representatives.

Schedule 2

Recommendation 2

The Committee recommends the amendment of Item 27 in Schedule 2 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 to insert, in section 59 AB of the Australian Crime Commission Act 2002, similar protections and wording as that contained in section 25A(9) of the Australian Crime Commission Act (Cth) 2002.

Schedule 3

Recommendation 3

The Committee recommends that Schedule 3 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 be passed by the House of Representatives.

Schedule 4

Recommendation 4

The Committee recommends that Schedule 4 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 be passed by the House of Representatives.

Schedule 5

Recommendation 5

The Committee recommends that Schedule 5 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 be passed by the House of Representatives.

Schedule 6

Recommendation 6

The Committee recommends that Schedule 6 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 be passed by the House of Representatives.

Schedule 7

Recommendation 7

The Committee recommends the amendment of Item 12 in Schedule 7 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011 to remove the retrospective application by deleting the word before in section 2(a).

This would ensure that amendments made in this Schedule to abolish automatic parole would only apply to persons sentenced after commencement.

Recommendation 8

The Committee recommends that the Australian Government give further consideration to establishing a Federal parole board.

Schedule 8

Recommendation 9

The Committee recommends that the Minister for Justice provide an explanation to the House of Representatives regarding the need for the retrospective application of amendments proposed in Schedule 8 of the Crimes Legislation Amendment (Powers and Offences) Bill 2011.

 

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