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Crimes Legislation Amendment (Powers and Offences) Bill 2012

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2010 - 2011 - 2012

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

CRIMES LEGISLATION AMENDMENT

(POWERS AND OFFENCES) BILL 2011

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

Amendments to be moved on behalf of the Government

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Nicola Roxon MP)

 

 

 

 

 

                                                       

 



crimes legislation amendment (powers and Offences)

bill 2011

 

OUTLINE

The purpose of these amendments is to:

 

(i)                  correct a drafting error in Item 1 of Schedule 4 of the Crimes Legislation Amendment (Powers and Offences Bill) 2011 (the Bill) to enable members of the Northern Territory Police Force to exercise the new powers provided under the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act) in the same way as members of a State police force; and

(ii)                make an additional amendment to the LEIC Act to extend the sum period for which the Integrity Commissioner is able to be appointed by two years, up to a total of seven years.

 

The first amendment corrects an error in the Bill which currently relies on a definition of ‘constable’ in the LEIC Act that does not include Territory police. 

 

The second amendment implements the Government’s response to recommendation 5 of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (PJC-ACLEI) Final Report on the Inquiry into the LEIC Act. 

 

FINANCIAL IMPACT STATEMENT

These Government amendments have no financial impact.

 

 

NOTES ON AMENDMENTS

 

Amendment 1 is a formal clause that ensures that the amendments made by amendment 3 commence on the date of Royal Assent, consistent with the other amendments made to the LEIC Act.

 

Amendment 2 makes an amendment to Item 1 of Schedule 4 of the Bill to include members of a police force or a police service of a Territory in the definition of ‘constable.’  This will enable members of the Northern Territory Police Force to exercise the new powers provided under the Bill, including the power to use force against persons and search persons while assisting an authorised officer with a search warrant issued under the LEIC Act.  The Bill already enables members of the AFP (including ACT police) and members of State police forces to use these powers. 

 

Amendment 3 inserts a new Schedule 9 into the Bill in relation to the re-appointment of the Integrity Commissioner.

 

Item 1 of Schedule 9 changes the maximum sum period for which the Integrity Commissioner may hold office to 7 years.  The requirement that any single period of appointment not exceed five years remains.  The effect of the amendment is that the Integrity Commissioner may be reappointed after an initial period of appointment of up to five years, but the sum period of the initial appointment and any reappointment must not exceed seven years.  This amendment addresses recommendation 5 of the PJC-ACLEI Final Report on the Inquiry into the LEIC Act.



 

Item 2 of Schedule 9 ensures that the amendment to the sum period of appointment applies to both the current Integrity Commissioner as well as future Integrity Commissioners.