Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Australian Crime Commission Establishment Act 2002
1AA Section 2 (table item 5, column 2)
Omit " Communications Legislation Amendment Act (No. 1) 2002 ", substitute " Communications Legislation Amendment Act (No. 1) 2003 ".
Australian Federal Police Act 1979
1 Subsection 8(1)
Omit "Subject to subsection (2C), the", substitute "The".
Australian Protective Service Act 1987
1A Subsection 3(1) (at the end of the definition of police officer )
Add:
; or (c) a member, however described, of a police force of a foreign country.
Australian Securities and Investments Commission Act 2001
1B Paragraph 18(2)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
1C Subparagraph 127(4)(aa)(i)
Repeal the subparagraph.
1D Paragraph 794C(5)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
1E Paragraph 823C(5)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
1F Paragraph 823CA(4)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
2 Subsection 6A(1)
Omit "law in force in the Northern Territory ", substitute "law of the Northern Territory ".
3 Subsection 6A(7) (definition of criminal act )
Omit "law in force in the Northern Territory ", substitute "law of the Northern Territory ".
4 Application
The amendments of the Crimes at Sea Act 2000 made by this Schedule apply in relation to conduct engaged in after the start of the day on which this Act receives the Royal Assent.
4A Subsection 33(2)
After "must", insert ", unless subsection (2A) applies,".
4B After subsection 33(2)
Insert:
(2A) Where an authorised person causes a person to be taken into custody on board an aircraft that is engaged in a flight that ends in a foreign country, the authorised person must cause the person:
(a) to be delivered into the custody of a member, however described, of a police force of that foreign country; and
(b) to be held in custody until the person can be so delivered.
Crimes Legislation Amendment Act (No. 2) 1989
5 Paragraph 10(a)
Omit "a law", substitute "the law".
Note: This corrects a misdescribed amendment of section 19B of the Crimes Act 1914 .
6 Paragraph 17(a)
Omit "the law", substitute "a law".
Note: This corrects a misdescribed amendment of section 21B of the Crimes Act 1914 .
6A Section 4 (after paragraph (a) of the definition of the appropriate Minister )
Insert:
(aa) in relation to the Australian Capital Territory, such Minister of the Australian Capital Territory as is prescribed, and includes any Minister of the Australian Capital Territory for the time being acting for and on behalf of that Minister; and
6B Paragraph 6(b)
Omit "and the Northern Territory ,", substitute "the Australian Capital Territory and the Northern Territory ".
6C Paragraph 6(hb)
Omit ", and of the Northern Territory ", substitute ", of the Australian Capital Territory and of the Northern Territory ".
6D Subsection 35(1)
Omit "8", substitute "9".
6E After paragraph 35(1)(b)
Insert:
(ba) one is to represent the Australian Capital Territory ; and
6F Subsection 35(3)
Omit "or the member who is to represent the Northern Territory ", substitute "or a member who is to represent the Australian Capital Territory or the Northern Territory ".
6G Subsection 35(3)
Omit "or of the Northern Territory ", substitute "or that Territory".
6H Subsection 35(4)
After "Minister of a State,", insert "of the Australian Capital Territory ".
6J Subsection 35(4)
Omit "the Northern Territory " (last occurring), substitute "that Territory".
6K After paragraph 36(1)(b)
Insert:
(ba) in the case of the member appointed to represent the Australian Capital Territory--with the approval of the appropriate Minister of that Territory; or
6L Subsection 36(2)
Before "the Northern Territory ", insert "the Australian Capital Territory or".
6M After subsection 38(2)
Insert:
(2A) The member of the Council who is appointed to represent the Australian Capital Territory , or the deputy of that member, may resign his or her office by writing signed by the member or deputy, as the case may be, and delivered to the appropriate Minister of the Australian Capital Territory .
6N Paragraphs 43(a) and (b)
Omit "and of the Northern Territory ", substitute ", of the Australian Capital Territory and of the Northern Territory ".
Note: The heading to section 43 is altered by omitting " and Northern Territory " and substituting " , Australian Capital Territory and Northern Territory ".
6NA Subsection 46(2)
Omit "(2)".
6P Paragraph 46(b)
Omit "or the Northern Territory ", substitute ", the Australian Capital Territory or the Northern Territory ".
7 Subsection 22(2)
Repeal the subsection, substitute:
(2) The testimony must purport to be signed or certified by a judge, magistrate or officer in or of the foreign country to which the request was made.
International War Crimes Tribunals Act 1995
8 Section 4 (definition of possession )
Repeal the definition.
9 At the end of section 29
Add:
(3) If the Tribunal so requests, the Magistrate conducting a proceeding under section 27 or 28 (or both) may permit examination or cross - examination of a person giving evidence or producing a document or other article at the proceeding, by:
(a) the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates; or
(b) that person's legal representative; or
(c) the Tribunal's legal representative;
through a video link.
(4) In this section:
"video link" means a video and sound system that enables persons assembled in the Tribunal's premises (or premises nominated by the Tribunal) to see, hear and talk to persons assembled in a place in another country.
12 Section 80
After "47A", insert ", 47C".
13 Application
The amendment made by item 12 applies in relation to the escape of a person after the commencement of this item, whether or not the person was in custody from before that commencement or was arrested before that commencement.
Law and Justice Legislation Amendment Act (No. 2) 1994
14 Item 7 of Schedule 1
After "'court'", insert "(wherever occurring)".
Note: This corrects a misdescribed amendment of section 3ZN of the Crimes Act 1914 .
Mutual Assistance in Business Regulation Act 1992
15 Subsection 22(1)
Omit "to the Department or a Deputy Secretary", substitute "of the Department or an APS employee".
16 Subsections 22(2) and (3)
Repeal the subsections.
16A After section 267
Insert:
267A Additional property to which the Official Trustee's powers and duties under Division 3 apply
(1) The powers conferred on the * Official Trustee under Division 3 may be exercised, and the duties imposed on the Official Trustee under Division 3 are to be performed, in relation to property that, under paragraph 278(2)(d), may be disposed of to pay, under Part 4 - 2, a * legal aid commission's costs.
(2) Without limiting the definition of controlled property in section 267, for the purposes of Division 3 this property is controlled property .
16B At the end of subsection 278(2)
Add:
; or (d) if, in the opinion of the Official Trustee, the disposal of the property or part of the property is necessary to pay, under Part 4 - 2, a * legal aid commission's costs.
16C At the end of section 279
Add:
(3) However, the person may object to the disposal of the * controlled property for the reason set out in paragraph 278(2)(d) only if:
(a) the value of the controlled property exceeds the total amount of the money payable to the * legal aid commission in question; and
(b) the person and the * Official Trustee have failed to agree on which item or items of, or which portion of, the controlled property should be disposed of.
(4) An objection to which subsection (3) applies must:
(a) relate only to which item or items of, or which portion of, the * controlled property should be disposed of; and
(b) specify the item or items of, or the portion of, the controlled property that the person does not object to the * Official Trustee disposing of.
16D After subsection 280(4)
Insert:
(4A) The court must make an order to dispose of the * controlled property, or a specified item or items of or a specified portion of the property, if in the court's opinion the disposal is necessary to pay, under Part 4 - 2, a * legal aid commission's costs.
16E Section 338 (at the end of the definition of controlled property )
Add:
Note: Section 267A alters the meaning of this term for the purposes of Division 3 of Part 4 - 1.
Retirement Savings Accounts (Consequential Amendments) Act 1997
17 Item 4 of Schedule 19
After "'the account'", insert "(first occurring)".
Note: This corrects a misdescribed amendment of the Financial Transaction Reports Act 1988 .
Service and Execution of Process Act 1992
18 Subsection 3(1) (at the end of the definition of authority )
Add:
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
19 Subsection 3(1) (at the end of the definition of tribunal )
Add:
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
20 Subsection 3(1) (definition of warrant )
Before "means", insert "(except in the definition of authority in section 81A)".
21 Subsection 3(1) (at the end of the definition of warrant )
Add:
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
22 After section 81
Insert:
In this Part:
"authority" includes a body or person that:
(a) under a law of a State, may issue a warrant for the arrest and return to custody or detention of a person, following the revocation or cancellation of:
(i) a parole order; or
(ii) an order for conditional release; or
(iii) an order for home detention; or
(iv) an order for periodic detention; or
(v) any other order for the release of a person from custody; or
(vi) any other order of a kind prescribed by the regulations; and
(b) is prescribed by the regulations.
"tribunal" does not include a body or person of a kind referred to in the definition of authority in this section.
"warrant" includes a warrant issued by a body or person that is an authority for the purposes of this Part.