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Crimes Legislation Amendment (Harming Australians) Bill 2015

Schedule 1 Amendments

   

Criminal Code Act 1995

1  Paragraph 115.1(1)(a) of the Criminal Code

After “Australia”, insert “(whether before or after 1 October 2002 or the commencement of this Code)”.

2  After paragraph 115.1(1)(d) of the Criminal Code

Insert:

             ; and (e)  if the conduct was engaged in before 1 October 2002—at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.

3  Subsection 115.1(1) of the Criminal Code (penalty)

Repeal the penalty.

4  At the end of subsection 115.1(1) of the Criminal Code

Add:

Note:          This section commenced on 1 October 2002.

5  After subsection 115.1(1) of the Criminal Code

Insert:

          (1A)  If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:

                     (a)  if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by a term of imprisonment (other than imprisonment for life)—a maximum penalty of imprisonment for a term of not more than that term; or

                     (b)  otherwise—a maximum penalty of imprisonment for life.

          (1B)  If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for life.

6  Subsection 115.1(2) of the Criminal Code

Omit “paragraph (1)(c)”, substitute “paragraphs (1)(c) and (e)”.

7  At the end of section 115.1 of the Criminal Code

Add:

             (3)  If:

                     (a)  a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and

                     (b)  the person engaged in the conduct before 1 October 2002;

the person cannot be convicted of an offence against this section in respect of that conduct.

8  Paragraph 115.2(1)(a) of the Criminal Code

After “Australia”, insert “(whether before or after 1 October 2002 or the commencement of this Code)”.

9  After paragraph 115.2(1)(d) of the Criminal Code

Insert:

             ; and (e)  if the conduct was engaged in before 1 October 2002—at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.

10  Subsection 115.2(1) of the Criminal Code (penalty)

Repeal the penalty.

11  At the end of subsection 115.2(1) of the Criminal Code

Add:

Note:          This section commenced on 1 October 2002.

12  After subsection 115.2(1) of the Criminal Code

Insert:

          (1A)  If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:

                     (a)  if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by imprisonment for a term of less than 25 years—a maximum penalty of imprisonment for a term of not more than that term; or

                     (b)  otherwise—a maximum penalty of imprisonment for a term of not more than 25 years.

          (1B)  If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for a term of not more than 25 years.

13  Subsection 115.2(2) of the Criminal Code

Omit “paragraphs (1)(b) and (c)”, substitute “paragraphs (1)(b), (c) and (e)”.

14  At the end of section 115.2 of the Criminal Code

Add:

             (3)  If:

                     (a)  a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and

                     (b)  the person engaged in the conduct before 1 October 2002;

the person cannot be convicted of an offence against this section in respect of that conduct.