Crimes and Other Legislation Amendment Act 1997
No. 20, 1997
An Act to amend various Acts relating to crimes and other matters, and for related purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendment of Acts 3
Australian Federal Police Act 1979 3
Crimes Act 1914 4
Crimes (Superannuation Benefits) Act 1989 4
Customs Act 1901 6
Extradition Act 1988 6
Proceeds of Crime Act 1987 7
Witness Protection Act 1994 9
Schedule 2—Amendments to remove requirement for
consent to proceedings for offences 10
Australian Bicentennial Authority Act 1980 10
Banks (Shareholdings) Act 1972 10
Crimes (Taxation Offences) Act 1980 10
Financial Corporations Act 1974 10
Foreign Acquisitions and Takeovers Act 1975 10
Insurance Contracts Act 1984 10
Prices Surveillance Act 1983 10
Public Accounts Committee Act 1951 11
Public Works Committee Act 1969 11
Crimes and Other Legislation Amendment Act 1997
No. 20, 1997
An Act to amend various Acts relating to crimes and other matters, and for related purposes
[Assented to 7 April 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Crimes and Other Legislation Amendment Act 1997.
2 Commencement
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Items 21, 22, 23 and 27 of Schedule 1 are taken to have commenced on 28 August 1995, immediately after the commencement of the Schedule to the International War Crimes Tribunals (Consequential Amendments) Act 1995.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of Acts
Australian Federal Police Act 1979
1 Section 41 (definition of sentence)
Repeal the definition, substitute:
sentence includes a suspended sentence, but does not include a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914.
2 Subsection 45(1)
Repeal the subsection, substitute:
(1) If the DPP is authorised to apply for a superannuation order in respect of a person who is taken to have been convicted of an offence because of paragraph 42C(1)(b), the DPP must make that application to the appropriate court.
(1A) If:
(a) the DPP is authorised to apply for a superannuation order in respect of a person who is convicted of 1 or more offences; and
(b) the person is sentenced to imprisonment for life in respect of the offence, or any of the offences, or:
(i) if there is only 1 offence—to imprisonment for a term longer than 12 months; or
(ii) if there are 2 or more offences—to imprisonment for a single term longer than 12 months, or to cumulative terms that together add up to longer than 12 months, in respect of all or any of them;
the DPP must…
Overview
The Crimes and Other Legislation Amendment Act 1997 No. 20, 1997 was enacted by the Parliament of Australia to amend various Acts relating to crimes and other matters. This Act seeks to address various gaps and issues in existing legislation by introducing necessary amendments to several Acts, thereby improving the legal framework concerning crimes, superannuation benefits, and other relevant areas. One of the primary policy objectives articulated in the Act is to streamline and enhance the enforcement of superannuation orders against convicted individuals, ensuring that such orders are appropriately applied when the convicted person receives a significant sentence.
The Act includes amendments to the Australian Federal Police Act 1979, the Crimes Act 1914, the Crimes (Superannuation Benefits) Act 1989, the Customs Act 1901, the Extradition Act 1988, the Proceeds of Crime Act 1987, and the Witness Protection Act 1994, among others. These amendments aim to clarify definitions, modify sentencing criteria for superannuation orders, update penalty units, and adjust provisions related to the application and enforcement of restraining orders. Furthermore, the Act removes the requirement for consent to proceedings for certain offences in several other Acts, thereby simplifying and updating the legal processes involved.
Scope and Application
The Crimes and Other Legislation Amendment Act 1997 No. 20 amends several existing Acts in Australia, impacting a broad range of areas including criminal law, extradition, customs, and proceeds of crime. The Act applies to various entities, including individuals, corporations, and government bodies, by modifying the scope of certain provisions, definitions, and requirements for proceedings related to these Acts. Specifically, it alters the Australian Federal Police Act 1979, the Crimes Act 1914, the Crimes (Superannuation Benefits) Act 1989, the Customs Act 1901, the Extradition Act 1988, the Proceeds of Crime Act 1987, and the Witness Protection Act 1994. The Act extends to the entire Commonwealth of Australia, thereby having a national jurisdictional reach. Certain amendments under this Act may be further extended or restricted through subordinate instruments, although the primary text does not explicitly mention such provisions. Additionally, the Act removes the requirement for consent to proceedings for certain offences in other specified Acts, thereby impacting the procedural aspects of these areas of law.
Key Provisions
- The main operative sections of the Crimes and Other Legislation Amendment Act 1997 No. 20 pertain to amendments across various Acts, including the Australian Federal Police Act 1979, the Crimes Act 1914, the Crimes (Superannuation Benefits) Act 1989, the Customs Act 1901, the Extradition Act 1988, the Proceeds of Crime Act 1987, and the Witness Protection Act 1994. These sections detail changes to definitions, sentencing criteria, and the application of proceeds from the sale or disposition of condemned goods. For instance, Section 41 of the Australian Federal Police Act 1979 has been amended to exclude certain sentences from its definition, while Section 4AA(1) of the Crimes Act 1914 adjusts the definition of a penalty unit. Additionally, the Proceeds of Crime Act 1987 has been updated to modify the duration of restraining orders and to allow for the extension of waiting periods under specific conditions.
- The Act imposes various obligations and requirements on the parties it governs. For example, it mandates that the Director of Public Prosecutions (DPP) must apply to the appropriate court for a superannuation order if certain sentencing criteria are met, as outlined in the amended sections of the Australian Federal Police Act 1979 and the Crimes (Superannuation Benefits) Act 1989. In the context of the Customs Act 1901, the Act specifies that proceeds from the sale or disposition of condemned goods must be applied in payment of certain costs and expenses, including those related to the transportation, storage, and custody of the goods. Furthermore, the Extradition Act 1988 now restricts the ability of a person to make another bail application during a period of remand unless there is a change in circumstances that might justify bail.
- The Act also outlines various offences, penalties, and consequences for breaches. For instance, if a person contravenes the provisions concerning the application for a superannuation order, they may face penalties as prescribed under the relevant sections of the Australian Federal Police Act 1979 and the Crimes (Superannuation Benefits) Act 1989. Additionally, the Act imposes civil or criminal penalties for failure to comply with the specified application and reporting requirements, such as those related to the proceeds from the sale of condemned goods under the Customs Act 1901. The exact penalties are not detailed in the provided text but would typically be determined by the specific Act in question and the severity of the breach.
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
