Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Australian Crime Commission
Division 1--Indigenous violence or child abuse
Australian Crime Commission Act 2002
1 Subsection 4(1)
Insert:
"child" means any person who is under 18 years of age.
2 Subsection 4(1)
Insert:
"child abuse" means an offence relating to the abuse or neglect of a child (including a sexual offence) that is punishable by imprisonment for a period of 3 years or more.
3 Subsection 4(1) (definition of federally relevant criminal activity )
Repeal the definition, substitute:
"federally relevant criminal activity" means:
(a) a relevant criminal activity, where the relevant crime is an offence against a law of the Commonwealth or of a Territory; or
(b) a relevant criminal activity, where the relevant crime:
(i) is an offence against a law of a State; and
(ii) has a federal aspect.
4 Subsection 4(1)
Insert:
"Indigenous person" means a person (including a child) who is:
(a) a person of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
5 Subsection 4(1)
Insert:
"Indigenous violence or child abuse" means serious violence or child abuse committed by or against, or involving, an Indigenous person.
6 Subsection 4(1)
Insert:
"relevant crime" means:
(a) serious and organised crime; or
(b) Indigenous violence or child abuse.
Note: See also subsection (2) (which expands the meaning of relevant crime in certain circumstances).
7 Subsection 4(1) (definition of relevant criminal activity )
Repeal the definition, substitute:
"relevant criminal activity" means any circumstances implying, or any allegations, that a relevant crime may have been, may be being, or may in future be, committed against a law of the Commonwealth, of a State or of a Territory.
8 Subsection 4(1) (note at the end of the definition of serious and organised crime )
Repeal the note.
9 Subsection 4(1)
Insert:
"serious violence" means an offence involving violence against a person (including a child) that is punishable by imprisonment for a period of 3 years or more.
10 Subsection 4(2)
Omit "serious and organised crime" (wherever occurring), substitute "relevant crime".
11 Paragraph 7C(4)(b)
Omit "the serious and organised crime is, or the serious and organised crimes are or include", substitute "the relevant crime is, or the relevant crimes are or include".
12 Application
The amendment made by item 11 applies to determinations made under subsection 7C(2) or (3) of the Australian Crime Commission Act 2002 on or after the day on which this item commences.
13 Paragraphs 55A(2)(a), (2)(c), (4)(a), (5)(a), (5B)(a) and (5C)(a)
Omit "the serious and organised crime is, or the serious and organised crimes are or include", substitute "the relevant crime is, or the relevant crimes are or include".
14 Paragraph 55B(a)
Omit "the serious and organised crime is, or the serious and organised crimes are or include", substitute "the relevant crime is, or the relevant crimes are or include".
Division 2--Information etc. from State agencies
Australian Crime Commission Act 2002
15 Subsection 4(1) (definition of secrecy provision )
After "Commonwealth" (wherever occurring), insert ", of a State".
16 Section 5
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory, of the Australian Capital Territory, and of Norfolk Island.
17 Subsections 19A(1) and (2)
Omit "An examiner may", substitute "Subject to section 20A, an examiner may".
Note: The heading to section 19A is altered by omitting " Commonwealth ".
18 Subsection 19A(5)
Repeal the subsection, substitute:
(5) Subsections (3) and (4) have effect subject to:
(a) subsection (6); and
(b) a taxation secrecy provision; and
(c) a secrecy provision specified in an arrangement under section 20A; and
(d) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 ;
but have effect despite any other secrecy provision.
19 Subsection 19A(8) (definition of agency )
Repeal the definition, substitute:
"agency" means a Commonwealth agency or a State agency.
20 Subsection 19A(8)
Insert:
"Commonwealth agency" means an agency within the meaning of the Freedom of Information Act 1982 and includes an exempt agency.
21 Subsection 19A(8) (definition of principal officer )
Repeal the definition, substitute:
"principal officer" means:
(a) in relation to a Commonwealth agency other than an exempt agency--the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982 ; or
(b) in relation to an exempt agency:
(i) in a case where the regulations declare an office to be the principal office in respect of the agency--the person holding that office; or
(ii) in any other case--the person who constitutes the agency or, if the agency is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the agency at which the last - mentioned person is present; or
(c) in relation to a State agency--the person holding office or acting as head (however described) of the agency.
22 Subsection 19A(8)
Insert:
"State agency" means the following agencies:
(a) a Department of a State;
(b) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
(c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Crown in right of a State;
(ii) a person or body covered by paragraph (b);
(iii) a person or body covered by either of the above subparagraphs.
23 Subsections 20(1) and (2)
Omit "An examiner may", substitute "Subject to section 20A, an examiner may".
Note: The heading to section 20 is altered by omitting " Commonwealth ".
24 Subsection 20(5) (definition of agency )
Repeal the definition, substitute:
"agency" means a Commonwealth agency or a State agency.
25 Subsection 20(5)
Insert:
"Commonwealth agency" means an agency within the meaning of the Freedom of Information Act 1982 .
26 Subsection 20(5) (at the end of paragraph (a) of the definition of prescribed provision )
Add "or".
27 Subsection 20(5) (after paragraph (a) of the definition of prescribed provision )
Insert:
(aa) a secrecy provision specified in an arrangement under section 20A; or
28 Subsection 20(5) (definition of principal officer )
Repeal the definition, substitute:
"principal officer" means:
(a) in relation to a Commonwealth agency--the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982 ; or
(b) in relation to a State agency--the person holding office or acting as head (however described) of the agency.
29 Subsection 20(5)
Insert:
"State agency" means the following agencies:
(a) a Department of a State;
(b) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;
(c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Crown in right of a State;
(ii) a person or body covered by paragraph (b);
(iii) a person or body covered by either of the above subparagraphs.
30 After section 20
Insert:
20A Arrangements for an examiner to obtain information etc. from State agencies
(1) Without limiting section 21, the Commonwealth Minister may make an arrangement, in writing, with the appropriate Minister of the Crown of a State, in relation to the provision of information, documents or things by a person or class of persons under section 19A or 20.
(2) The arrangement may specify conditions to which the provision of the information, documents or things is subject.
(3) Without limiting subsection (2), the arrangement may specify:
(a) the State agency or State agencies from which an examiner may or may not request or require information, documents or things; and
(b) any information, documents or things which an examiner may or may not request or require; and
(c) any secrecy provisions to which the provision of information, documents or things is subject.
(4) A copy of an arrangement made under subsection (1) must be published in the Gazette .
(5) The Commonwealth Minister may, at any time, give a written notice to the Minister of the Crown of the State revoking an arrangement under subsection (1).
(6) The Commonwealth Minister must revoke an arrangement under subsection (1) if the Minister of the Crown of the State so requests in writing.
(7) The Commonwealth Minister and the Minister of the Crown of the State may, by written agreement, vary the terms of an arrangement under subsection (1).
(8) A copy of the revocation or variation of an arrangement under subsection (5), (6) or (7) must be published in the Gazette .
(9) A revocation or variation under subsection (5), (6) or (7) takes effect at the time specified in the revocation or variation.
(10) An arrangement under subsection (1), and a revocation or variation under subsection (5), (6) or (7), are not legislative instruments.
(11) A written request or requirement for information, documents or things under section 19A or 20 must not be served on a principal officer of a State agency, or a person who is, or has been, a member, officer or employee of a State agency, except in accordance with an arrangement made under subsection (1) that:
(a) has been published in the Gazette ; and
(b) is in force.
31 Application of offences
The offences affected by this Division apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.
Division 3--Appointment of examiners
Australian Crime Commission Act 2002
32 Subsection 46B(4)
Omit "5 years" (second occurring), substitute "10 years".
33 Application
Subsection 46B(4) of the Australian Crime Commission Act 2002 , as in force immediately after the commencement of this item, applies to examiners who hold office immediately before that commencement, and to examiners who are appointed or reappointed on or after that commencement.
Part 2 -- Australian Federal Police
Australian Federal Police Act 1979
34 After paragraph 9(1)(bb)
Insert:
(bc) when performing functions in the Northern Territory:
(i) the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and
(ii) any powers and duties conferred on the member by virtue of his or her appointment as a Special Constable of the Police Force of the Northern Territory by or under a law of the Territory; and
35 Application
Paragraph 9(1)(bc) of the Australian Federal Police Act 1979 , as in force immediately after the commencement of this item, applies to the performance by members of functions in the Northern Territory on or after 21 June 2007.