Crimes Legislation Amendment Act 1991

Administered by Attorney-General's Department

Legislation au C2004A04103 In force Act

Legislation content

Crimes Legislation Amendment Act 1991

No. 28 of 1991

TABLE OF PROVISIONS

PART 1—INTRODUCTORY

Section

1. Short title

2. Commencement

PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979

3. Principal Act

4. Functions

5. Powers and duties of members

6. Commissioner and Deputy Commissioner

7. Absence etc. of Commissioner or Deputy Commissioner

8. Remuneration and allowances

9. Leave of absence

10. Termination of appointment

11. Insertion of new section:

26ba.   Members may be directed to perform certain staff member functions etc.

12. Term of appointments

13. Undertakings and oaths or affirmations

14. Special leave of absence

15. Insertion of new section:

35a. Transfers

16. Promotion

17. Review by Merit Protection and Review Agency of non-appellable promotion decisions

18. Insertion of new section:

36c. Review by Merit Protection and Review Agency in certain other cases


TABLE OF PROVISIONS—continued

Section

19. Regulations may provide for certain other terms and conditions

PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988

20. Principal Act

21. Reports of suspect transactions

22. Special provisions in relation to reports of suspect transactions

23. Access to CTR information

PART 4—AMENDMENTS OF THE CRIMES ACT 1914

24. Principal Act

25. Interpretation

26. Pecuniary penalties—natural persons and bodies corporate

27. Insertion of new section:

4l. Specified defences not to preclude other defences

28. Search warrants

29. Insertion of new section:

76. Obstructing etc. public officers

30. Interpretation of Part

PART 5—AMENDMENTS OF THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973

31. Principal Act

32. Long title

33. Interpretation

34. Approval of ratification of Convention and accession to Protocol

35. Offences

36. Evidence of certain matters

37. Regulations

38. Schedule

39. Schedule 2

PART 6—AMENDMENTS OF THE DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983

40. Principal Act

41. Interpretation

42. Office of the Director of Public Prosecutions

43. Powers of Director

44. Director may request assistance of Commissioner of Police

45. Insertion of new sections:

18a. Appointment etc. of Associate Director

18b. Exercise of powers and functions by Associate Director

46. Remuneration and allowances

47. Leave of absence

48. Resignation

49. Director or Associate Director not to undertake other work

50. Termination of appointment

51. Disclosure of interests

52. Oath or affirmation of office

53. Acting appointments—Director

54. Insertion of new section:

26a. Acting appointments—Associate Director

55. Staff

56. Delegation by Director


TABLE OF PROVISIONS—continued

Section

PART 7—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987

57. Principal Act

58. Interpretation

59. Charge on property subject to restraining order

PART 8—AMENDMENTS OF THE TELECOMMUNICATIONS
(INTERCEPTION) ACT 1979

60. Principal Act

61. Interpretation

62. Investigation of an offence

63. Relevant proceedings

64. Telecommunications not to be intercepted

65. Reports to be made to Attorney-General on results of interception

66. Preconditions for declaration

67. Agency may apply for warrant

68. Issue of warrant for entry on premises

69. Managing Director of carrier to be informed of issue or revocation of certain warrants

70. Further dealing by recipient of certain information

71. Other records to be kept by Commonwealth agencies in…

Overview

The Crimes Legislation Amendment Act 1991 (No. 28 of 1991) was enacted to amend various Acts in relation to criminal and law enforcement matters. The Act was passed by the Queen, with the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to address gaps and issues in existing laws, particularly in relation to criminal offences, law enforcement, and procedural aspects of criminal investigations and prosecutions. The amendments made by this Act sought to enhance the effectiveness and efficiency of criminal justice processes, as well as to ensure consistency and clarity in the application of criminal laws across different jurisdictions and law enforcement agencies.

Scope and Application

The Crimes Legislation Amendment Act 1991 amends various Australian criminal and law enforcement-related statutes, including the Australian Federal Police Act 1979, the Cash Transaction Reports Act 1988, the Crimes Act 1914, the Crimes (Protection of Aircraft) Act 1973, the Director of Public Prosecutions Act 1983, the Proceeds of Crime Act 1987, and the Telecommunications (Interception) Act 1979. The Act applies to a range of entities, including the Australian Federal Police, the Australian Customs Service, the New South Wales Crime Commission, and the Director of Public Prosecutions. The Act also applies to offences under the Crimes Act 1914 and the Crimes (Protection of Aircraft) Act 1973, and to persons who are members or staff members of the Australian Federal Police, the Director of Public Prosecutions, or other law enforcement agencies. The Act applies nationally, as it is a Commonwealth Act. The Act does not specify any exclusions, exemptions, or thresholds. However, some provisions may be subject to subordinate instruments, such as regulations or orders, which may extend or restrict the application of the Act.

Key Provisions

  • The Crimes Legislation Amendment Act 1991 No. 28 of 1991 amends several Acts, including the Australian Federal Police Act 1979, the Cash Transaction Reports Act 1988, the Crimes Act 1914, the Crimes (Protection of Aircraft) Act 1973, and the Director of Public Prosecutions Act 1983. The Act also makes amendments to the Proceeds of Crime Act 1987 and the Telecommunications (Interception) Act 1979. The amendments introduced by this Act are wide-ranging, affecting the functions, powers, and duties of various law enforcement agencies and officers, as well as the procedures for reporting and investigating certain offences.
  • The Australian Federal Police Act 1979 is amended to expand the functions of the Australian Federal Police (AFP), including the provision of regulatory services. The Act also modifies the powers and duties of AFP members, remuneration and allowances for the Commissioner and Deputy Commissioner, and the appointment and promotion processes within the AFP. Furthermore, the Act introduces provisions for the review of non-appellable promotion decisions by the Merit Protection and Review Agency.
  • The Cash Transaction Reports Act 1988 is amended to include customs officers as investigating officers for suspect transactions and to expand the list of authorities that can access cash transaction reports.
  • The Crimes Act 1914 is amended to clarify the maximum pecuniary penalties that can be imposed on natural persons and bodies corporate for offences created by instruments made under Commonwealth laws. Additionally, the Act specifies defences that do not preclude other defences and increases the penalties for obstructing public officers.
  • The Crimes (Protection of Aircraft) Act 1973 is amended to approve Australia's ratification of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and its accession to the supplementary Protocol. The Act also introduces new offences relating to unlawful acts against the safety of civil aviation and acts of violence at airports.
  • The Director of Public Prosecutions Act 1983 is amended to introduce the position of Associate Director of Public Prosecutions, establish the appointment process and powers of the Associate Director, and outline the remuneration and allowances for the Associate Director.
  • The Proceeds of Crime Act 1987 is amended to clarify the application of the Act to the Australian Capital Territory and to ensure the continued application of the Act to certain orders, warrants, and applications in force before the commencement of the amendments.
  • The Telecommunications (Interception) Act 1979 is amended to update the definitions and provisions related to the interception of telecommunications, including the removal of references to the Drug Crime Commission and the addition of references to the New South Wales Crime Commission.
  • The obligations imposed by this Act on the parties and entities it governs include the expansion of the functions and powers of the AFP, the inclusion of customs officers as investigating officers for suspect transactions, and the introduction of new offences and penalties for obstructing public officers and for unlawful acts against the safety of civil aviation and acts of violence at airports. The Act also imposes obligations on the AFP, the Director of Public Prosecutions, and the Australian Capital Territory to ensure compliance with the amended provisions.
  • The Act imposes various offences, penalties, and civil/criminal consequences for breach, including imprisonment for up to 2 years for obstructing public officers, fines up to the maximum penalty specified in the relevant instrument for offences created by instruments made under Commonwealth laws, and imprisonment for up to 15 years for certain offences relating to unlawful acts against the safety of civil aviation and acts of violence at airports. The Act also provides for the review of non-appellable promotion decisions by the Merit Protection and Review Agency and the establishment of the position of Associate Director of Public Prosecutions.

Legal classification tags

Area of Law
Criminal Law
International Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Regulatory Standards
Prohibited Conduct
Enforcement Powers
Interpretation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.