Crimes Legislation Amendment Act 1987

Overview

The Crimes Legislation Amendment Act 1987 was enacted to amend various pieces of legislation related to crime, the trial of certain offences, the confiscation of proceeds of crime, dealing with information obtained by intercepting telecommunications, the Fitzgerald Inquiry, and the transfer of prisoners, among other related purposes. The Act was assented to on 16 December 1987 by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia. This legislation aimed to address gaps in existing laws by updating and refining provisions to better manage and prosecute criminal activities, ensuring that the criminal justice system remains effective and responsive to contemporary challenges.

Scope and Application

The Crimes Legislation Amendment Act 1987 (Cth) amends several Australian federal Acts, primarily those related to criminal law and proceedings. The Act applies to persons and entities involved in criminal activities, including those related to foreign incursions, protected persons, and proceeds of crime. The amendments touch upon the jurisdictional reach of courts, procedures for trials, penalties for various offences, and the handling of information obtained through interceptions. The Act extends to the national level, affecting the entire Commonwealth of Australia, and includes provisions for the transfer of prisoners between states and territories. The Act also provides for the forfeiture of property related to serious crimes, and sets out regulations for search warrants and the handling of seized property. Certain exclusions and thresholds are specified within the text, particularly in relation to the types of offences and the penalties applicable. The Act may be further extended or restricted through subordinate instruments, though specific details are not provided in the text.

Key Provisions

• The Crimes Legislation Amendment Act 1987 (Cth) makes significant amendments to various Australian criminal laws and procedures. The Act includes amendments to the Christmas Island Act 1958, Crimes Act 1914, Crimes (Foreign Incursions and Recruitment) Act 1978, Crimes (Internationally Protected Persons) Act 1976, Income Tax Assessment Act 1936, Taxation Administration Act 1953, Proceeds of Crime Act 1987, Royal Commissions Act 1902, Telecommunications (Interception) Amendment Act 1987, Telecommunications (Interception) Act 1979, and the Transfer of Prisoners Act 1983.
• Sections 11aa and 11aaa of the Christmas Island Act 1958 now allow the Supreme Court to sit in a State to exercise its criminal jurisdiction, provided it does not prejudice the interests of justice. Section 12a deals with the jury laws that apply to trials in the Supreme Court when held in a State, aligning them with the State's laws. It also mandates that the Commonwealth pay jurors' fees and allowances. Section 12b criminalises several jury-related offences, such as failing to attend a jury summons or corrupting a juror, with penalties including fines and imprisonment.
• The Crimes Act 1914 is amended to clarify the definition of "committed for trial" and "indictment" and to allow courts to impose pecuniary penalties on both natural persons and bodies corporate. It also introduces provisions allowing indictable offences to be dealt with summarily in certain circumstances, with limits on the penalties that can be imposed.
• The Crimes (Foreign Incursions and Recruitment) Act 1978 is updated to align the terminology with the new definition of "foreign State" and imposes severe penalties for entering a foreign State with the intent to engage in hostile activities or for engaging in such activities in a foreign State. It also increases penalties for recruiting persons to serve in or with an armed force in a foreign State.
• The Crimes (Internationally Protected Persons) Act 1976 increases penalties for damaging the premises or property of internationally protected persons, with higher penalties for acts intended to endanger their lives.
• The Income Tax Assessment Act 1936 and Taxation Administration Act 1953 are amended to allow the communication of information to the Fitzgerald Inquiry for specified purposes, with strict confidentiality provisions to protect the information.
• The Proceeds of Crime Act 1987 is amended to provide for the forfeiture of property if a person is convicted of a serious offence, with provisions for the recovery of forfeited property and the issuing of search warrants for tainted property. It also introduces new provisions for restraining orders and the return of seized property.
• The Royal Commissions Act 1902 includes a provision that makes certain evidence inadmissible in Commonwealth proceedings if it was obtained during an inquiry by Gerald Edward Fitzgerald Q.C.
• The Telecommunications (Interception) Amendment Act 1987 and Telecommunications (Interception) Act 1979 are amended to allow the communication of certain information to the Fitzgerald Inquiry and law enforcement agencies, with provisions for the use of intercepted information in proceedings.
• The Transfer of Prisoners Act 1983 is amended to allow for the return of prisoners after they have attended appeals, with provisions for exempt prisoners and the consent of the appropriate Minister.
• Various offences under the amended Acts carry civil and/or criminal penalties, including fines and imprisonment. For example, offences under the Crimes Act 1914 can result in fines up to $20,000 and imprisonment for up to 14 years, depending on the severity of the offence. Failure to comply with jury-related laws can result in fines of up to $1,000 and imprisonment for up to 6 months. The Act also includes provisions for the indemnification of the Official Trustee against personal liability incurred in the exercise of their powers and duties under the Proceeds of Crime Act 1987.

Legal classification tags

Area of Law

Criminal Law

Procedural Law

Regulatory Law

Instrument

Act

Concepts

Offence Provisions

Repeal & Amendment

Regulatory Standards

Enforcement Powers

Compliance Obligations

Civil Penalty Provisions