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


Type
Government
Originating house
House of Representatives
Status
Before Reps
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.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 19/03/15  
Second reading moved 19/03/15  
     

Text of bill

  • First reading

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

Bills Digest



Notes
  • Referred to Committee (26/03/2015): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (16/06/2015)
  • Access information for House of Representatives and Senate committees