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Crimes Legislation Amendment (Serious and Organised Crime) Bill (No. 2) 2010


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Crimes Legislation Amendment (Serious and Organised Crime) Bill (No. 2) 2009



Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Amends the: Proceeds of Crimes Act 2002 in relation to criminal asset confiscation and money laundering; Crimes Act 1914 to: enable seized material to be used by, and shared between, Commonwealth, state and territory law enforcement agencies; allow law enforcement agencies to access and search electronic equipment; and preserve the right of a person accused of a federal offence in Victoria to appeal a finding that he or she is unfit to plead; Witness Protection Act 1994 to: clarify the application of the Act to witnesses involved in state and territory matters; update the concept of identity; extend protection to former participants and related persons; and update and extend the scope of non-disclosure offences; Criminal Code Act 1995 and Telecommunications (Interception and Access) Act 1979 to: introduce offences into the Criminal Code to target persons involved in serious and organised crime; and ensure that telecommunications interception warrants are available for the investigation of the new offences; Criminal Code Act 1995 and Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to: extend the geographical jurisdiction and the scope of money laundering offences; and expand AUSTRAC’s ability to take enforcement action against non-complying reporting entities; Australian Crime Commission Act 2002 to: expand the Australian Crime Commission’s powers to deal with uncooperative witnesses; clarify procedural powers for issuing summons and notices to produce; and require a five-yearly review of the operation of the Act; Administrative Decisions (Judicial Review) Act 1977, Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979 to make consequential amendments; and Criminal Code Act 1995 to: increase the penalties for bribing foreign and Commonwealth public officials; and provide that drug importation offences apply to offenders engaged in activity connected to the importation of drugs into Australia. Also amends 23 Acts consequent upon the joint commission offence being included in the Criminal Code; and amends 20 Acts consequent on provisions of the Crimes Act 1914 being repealed.

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 16/09/09  
Second reading moved 16/09/09  
Second reading debate 18/11/09  
Third reading agreed to 18/11/09  
     
Senate
Introduced and read a first time 19/11/09  
Second reading moved 19/11/09  
Second reading debate 04/02/10  
Second reading agreed to 04/02/10  
Committee of the Whole debate 04/02/10 Amendment details: 10 Government agreed to
Third reading agreed to 04/02/10  
     
House of Representatives
Consideration of Senate message 04/02/10 Details: House agreed to Senate amendments
     
Text of bill as passed both Houses 04/02/10  
Assent 19/02/10 Act no.: 4 of 2010
     

Text of bill

  • First reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum

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  • Replacement explanatory memorandum

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Second reading speeches


Proposed amendments

Senate
  • Government [sheet AF230]

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Schedules of amendments

  • Schedule of the amendments made by the Senate

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Bills Digest



Notes
  • Referred to Committee (17/09/2009): Senate Legal and Constitutional Affairs Legislation Committee
  • Committee report (16/11/2009)
  • Committee report (17/11/2009): Errata to report
  • Access information for House of Representatives and Senate committees
  • An electronic version of this Act is available in ComLaw ( www.comlaw.gov.au )