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Australian Federal Police and Other Legislation Amendment Bill 2004

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2002-2003-2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Australian Federal Police and Other Legislation Amendment Bill 2003

 

 

(1)     Clause 2, page 3 (table item 11, 1st column), omit “9 to 11”, substitute “9 to 13”.

[commencement]

(2)     Clause 2, page 3 (table item 12), omit the table item.

[commencement]

(3)     Clause 2, page 4 (table item 13), omit the table item.

[commencement]

(4)     Schedule 1, item 58, page 33 (line 4), omit “ authority of the Commonwealth ”, substitute “ Commonwealth authority ”.

[definition of Commonwealth authority]

(5)     Schedule 2, item 12, page 35 (lines 23 to 27), omit the item, substitute:

12  Paragraph 5(m)

Omit “ Australian Protective Service Act 1987 ”, substitute “ Australian Federal Police Act 1979 ”.

[definition of protective service officer]

(6)     Schedule 3, page 37 (before line 7), before item 1, insert:

1A  Subsection 4(1)

Insert:

federal aspect , in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 4AA(1).

Note:          This subsection defines State to include the Northern Territory.

[State offence that has a federal aspect]

(7)     Schedule 3, item 1, page 37 (before line 10), before subsection (1), insert:

Object

          (1A)  The object of this section is to identify State offences that have a federal aspect because:

                     (a)  they potentially fall within Commonwealth legislative power because of the elements of the State offence; or

                     (b)  they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or

                     (c)  the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.

[State offence that has a federal aspect]

(8)     Schedule 3, item 1, page 37 (line 11), omit “paragraph 8(1)(baa)”, substitute “this Act”.

[laws conferring powers on members]

(9)     Schedule 3, item 1, page 38 (line 17), after “if”, insert “the conduct constituting the State offence”.

[State offence that has a federal aspect]

(10)   Schedule 3, item 1, page 38 (line 18), omit “the State offence”.

[State offence that has a federal aspect]

(11)   Schedule 3, item 1, page 38 (line 22), omit “the State offence was committed”, substitute “was engaged in”.

[State offence that has a federal aspect]

(12)   Schedule 3, item 1, page 38 (line 24), omit “the State offence was committed”, substitute “was engaged in”.

[State offence that has a federal aspect]

(13)   Schedule 3, item 1, page 38 (line 26), omit “the State offence”.

[State offence that has a federal aspect]

(14)   Schedule 3, item 1, page 38 (line 28), omit “the State offence”.

[State offence that has a federal aspect]

(15)   Schedule 3, item 1, page 38 (line 29), omit “the State offence”.

[State offence that has a federal aspect]

(16)   Schedule 3, item 1, page 38 (line 34), omit “the State offence”.

[State offence that has a federal aspect]

(17)   Schedule 3, item 1, page 39 (line 3), omit “the State offence”.

[State offence that has a federal aspect]

(18)   Schedule 3, item 1, page 39 (line 3), omit “Australia.”, substitute “Australia; or”.

[State offence that has a federal aspect]

(19)   Schedule 3, item 1, page 39 (after line 3), at the end of subsection (3), add:

                      (i)  relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or

                      (j)  relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.

[State offence that has a federal aspect]

(20)   Schedule 3, item 1, page 39 (after line 17), after the definition of Commonwealth place , insert:

conduct has the same meaning as in the Criminal Code .

[State offence that has a federal aspect]

(21)   Schedule 3, item 1, page 39 (after line 28), after the definition of electronic communication , insert:

engage in conduct has the same meaning as in the Criminal Code .

State includes the Australian Capital Territory and the Northern Territory.

[State offence that has a federal aspect]

(22)   Schedule 3, page 40 (after line 5), after item 3, insert:

3A  After subparagraph 9(1)(c)(iv)

Insert:

                          (iva)  the investigation of State offences that have a federal aspect;

3B  Section 12B (at the end of the definition of general offence )

Add:

               ; or (c)  a State offence that has a federal aspect.

3C  At the end of Division 2 of Part II

Add:

12M   Concurrent operation of State and Territory laws

                   The application of this Division in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.

Note 1:       Subsection 4(1) defines State to include the Northern Territory.

Note 2:       Section 4AA has the effect that an offence against a law of the Australian Capital Territory is a State offence that has a federal aspect.

[laws conferring powers on members; State offence that has a federal aspect]

(23)   Schedule 3, page 40 (before line 7), before item 4, insert:

3A  Subsection 3(1)

Insert:

federal aspect , in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).

Note:          This subsection defines State to include the Northern Territory.

[State offence that has a federal aspect]

(24)   Schedule 3, item 6, page 41 (before line 2), before subsection (1), insert:

Object

          (1A)  The object of this section is to identify State offences that have a federal aspect because:

                     (a)  they potentially fall within Commonwealth legislative power because of the elements of the State offence; or

                     (b)  they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or

                     (c)  the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.

[State offence that has a federal aspect]

(25)   Schedule 3, item 6, page 42 (line 5), after “if”, insert “the conduct constituting the State offence”.

[State offence that has a federal aspect]

(26)   Schedule 3, item 6, page 42 (line 6), omit “the State offence”.

[State offence that has a federal aspect]

(27)   Schedule 3, item 6, page 42 (line 10), omit “the State offence was committed”, substitute “was engaged in”.

[State offence that has a federal aspect]

(28)   Schedule 3, item 6, page 42 (line 12), omit “the State offence was committed”, substitute “was engaged in”.

[State offence that has a federal aspect]

(29)   Schedule 3, item 6, page 42 (line 14), omit “the State offence”.

[State offence that has a federal aspect]

(30)   Schedule 3, item 6, page 42 (line 16), omit “the State offence”.

[State offence that has a federal aspect]

(31)   Schedule 3, item 6, page 42 (line 17), omit “the State offence”.

[State offence that has a federal aspect]

(32)   Schedule 3, item 6, page 42 (line 22), omit “the State offence”.

[State offence that has a federal aspect]

(33)   Schedule 3, item 6, page 42 (line 27), omit “the State offence”.

[State offence that has a federal aspect]

(34)   Schedule 3, item 6, page 42 (line 27), omit “Australia.”, substitute “Australia; or”.

[State offence that has a federal aspect]

(35)   Schedule 3, item 6, page 42 (after line 27), at the end of subsection (3), add:

                      (i)  relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or

                      (j)  relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.

[State offence that has a federal aspect]

(36)   Schedule 3, item 6, page 43 (after line 6), after the definition of Commonwealth place , insert:

conduct has the same meaning as in the Criminal Code .

[State offence that has a federal aspect]

(37)   Schedule 3, item 6, page 43 (after line 17), after the definition of electronic communication , insert:

engage in conduct has the same meaning as in the Criminal Code .

State includes the Australian Capital Territory and the Northern Territory.

[State offence that has a federal aspect]

(38)   Schedule 3, item 6, page 43 (after line 18), at the end of subsection (5), add:

Note:          Subsection 3(1) defines State to include the Northern Territory.

[State offence that has a federal aspect]

(39)   Schedule 3, page 43 (after line 18), after item 6, insert:

6A  Subsection 3C(1) (paragraph (b) of the definition of offence )

Omit “other than the Australian Capital Territory”.

[definition of offence]

(40)   Schedule 3, page 43 (after line 21), after item 7, insert:

7A  Subsection 3D(3)

Repeal the subsection.

7B  Subsection 3D(4)

Omit “another”, substitute “a”.

[application to Australian Capital Territory]

(41)   Schedule 3, item 8, page 43 (line 26), at the end of subsection (6), add “or of the Australian Capital Territory”.

[concurrent operation of State and Territory laws]

(42)   Schedule 3, item 8, page 43 (after line 26), at the end of subsection (6), add:

Note 1:       Subsection 3(1) defines State to include the Northern Territory.

Note 2:       Section 3AA has the effect that an offence against the law of the Australian Capital Territory is a State offence that has a federal aspect.

[concurrent operation of State and Territory laws]

(43)   Schedule 3, page 44 (after line 24), after item 13, insert:

13A  Subsection 23WA(1) (definition of offence )

Omit “the Australian Capital Territory or any other Territory”, substitute “a Territory other than the Australian Capital Territory”.

13B  Subsection 23WA(1) (at the end of the definition of offence )

Add:

Note:          Subsection 3(1) provides that Territory does not include the Northern Territory.

[application to the Australian Capital Territory]

(44)   Schedule 3, item 16, page 45 (line 8), at the end of section 23YUL, add “or of the Australian Capital Territory”.

[concurrent operation of State and Territory laws]

(45)   Schedule 3, item 16, page 45 (after line 8), at the end of section 23YUL, add:

Note 1:       Subsection 3(1) defines State to include the Northern Territory.

Note 2:       Section 3AA has the effect that an offence against a law of the Australian Capital Territory is a State offence that has a federal aspect.

[concurrent operation of State and Territory laws]