Crimes Legislation Amendment Act 1992
No. 164 of 1992
An Act to amend certain Acts in relation to criminal or law enforcement matters, and for related purposes
[Assented to 11 December 1992]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Crimes Legislation Amendment Act 1992.
Commencement
2.(1) Part 1 and Parts 3 to 11 commence 28 days after the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), sections 3 to 17 commence on a day or days to be fixed by Proclamation.
(3) If any of sections 3 to 17 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that section commences on the first day after the end of that period.
PART 2—AMENDMENT OF THE CASH TRANSACTION REPORTS ACT 1988
Principal Act
3. In this Part, “Principal Act” means the Cash Transaction Reports Act 19881.
Interpretation
4. Section 3 of the Principal Act is amended:
(a) by omitting “, (5A)” from the definition of “FTR information” in subsection (1);
(b) by omitting from subsection (1) the definitions of “account” and “primary identification document” and substituting the following definitions:
“ ‘account’ means any facility or arrangement by which a cash dealer does any of the following:
(a) accepts deposits of currency;
(b) allows withdrawals of currency;
(c) pays cheques or payment orders drawn on the cash dealer by, or collects cheques or payment orders on behalf of, a person other than the cash dealer;
and includes any facility or arrangement for a safety deposit box or for any other form of safe deposit, but does not include an arrangement for a loan that sets out the amounts and times of advances and repayments, being amounts and times from which the borrower and lender may not depart during the term of the loan;
‘primary identification document’, in relation to a person, in a particular name, means:
(a) a certified copy, or an extract, of a birth certificate of the person; or
(b) a certified copy of a citizenship certificate of the person; or
(c) an international travel document for the person; or
(d) any other prescribed document;
that shows that name as the person’s name;”;
(c) by inserting in subsection (1) the following definitions:
“ ‘account information’, in relation to an account with a cash dealer, means:
(a) information identifying the account, including any identifying number; and
(b) the name in which the account is held; and
(c) information, and documents, provided to the cash dealer by the holder of the account (whether provided in relation to that account or another account), as follows:
(i) an address, not being a Post Office Box address,
for the holder of the account;
(ii) if the…
Overview
The Crimes Legislation Amendment Act 1992 (C2004A04455) was enacted by the Parliament of Australia to amend several criminal and law enforcement-related Acts, addressing issues such as piracy, counterfeiting, and the handling of proceeds from crime. This Act sought to update and consolidate existing laws, introduce new measures to combat criminal activities, and provide clearer definitions and procedures for law enforcement and the judiciary. One of the key objectives of the Act was to ensure that the legislative framework adequately supported the prevention and prosecution of serious criminal activities, including piracy, biological weapons offences, and aviation crimes, while also addressing procedural aspects such as the imposition of penalties and the handling of forfeited property. The Act brought together amendments across multiple statutes, reflecting a comprehensive approach to criminal law reform.
Scope and Application
The Crimes Legislation Amendment Act 1992 applies to various entities and individuals within Australia and its territories. This Act amends several existing Acts, including the Cash Transaction Reports Act 1988, the Crimes Act 1914, the Crimes (Aviation) Act 1991, the Crimes (Biological Weapons) Act 1976, the Crimes (Superannuation Benefits) Act 1989, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Mutual Assistance in Criminal Matters Act 1987, and the Proceeds of Crime Act 1987. The Act primarily targets cash dealers, individuals and entities involved in piracy, aviation-related crimes, biological weapons offences, superannuation benefits fraud, customs violations, and money laundering. It also applies to the Director of Public Prosecutions, the Official Trustee, and any other person or entity affected by the provisions of the amended Acts. The Act has a broad jurisdictional reach, extending to the Commonwealth of Australia, its states, and territories, with specific exclusions for the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands in relation to certain provisions. The Act's application may be further extended or restricted through subordinate instruments.
Key Provisions
- The Crimes Legislation Amendment Act 1992 amends several existing laws, primarily focusing on criminal and law enforcement matters. The Act introduces new definitions and requirements for cash transactions, modifies the penalties and procedures for certain offences, and updates various legal definitions and provisions across multiple Acts. Key sections of the Act include amendments to the Cash Transaction Reports Act 1988, the Crimes Act 1914, and other related Acts.
- In relation to the Cash Transaction Reports Act 1988, the Act introduces new definitions for terms such as "account," "primary identification document," "account information," and "signatory information." It also requires cash dealers to maintain certain information about accounts and signatories and mandates that accounts be blocked if the required information is not provided. The Act outlines specific procedures for unblocking accounts and penalties for non-compliance.
- The Crimes Act 1914 is amended to introduce a new penalty unit system, which converts dollar amounts to penalty units for pecuniary penalties. It also modifies the time limits for commencing prosecutions, the form of indictments and summonses, and the restrictions on imposing sentences for minor offences. Additionally, the Act introduces new provisions related to piracy, including definitions, penalties, and procedures for the seizure of pirate-controlled ships and aircraft.
- Other Acts amended by the Crimes Legislation Amendment Act 1992 include the Crimes (Aviation) Act 1991, the Crimes (Biological Weapons) Act 1976, the Crimes (Superannuation Benefits) Act 1989, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Mutual Assistance in Criminal Matters Act 1987, and the Proceeds of Crime Act 1987. These amendments cover a range of topics, including the release of persons remanded in custody, evidence in biological weapons cases, the effect of superannuation orders, the disposal of forfeited goods, powers of the Director of Public Prosecutions, and the admissibility of documents under the Money-Laundering Convention.
- The Act also includes provisions for offences and penalties. For example, performing an act of piracy carries a penalty of imprisonment for life, while voluntarily participating in the operation of a pirate-controlled ship or aircraft results in a penalty of imprisonment for 15 years. Other offences, such as defrauding a carrier, are subject to varying penalties depending on the specifics of the offence. Additionally, the Act specifies that certain prosecutions require the consent of the Attorney-General and outlines the procedures for obtaining such consent.
- Overall, the Crimes Legislation Amendment Act 1992 aims to enhance the enforcement of criminal laws, improve the handling of cash transactions, and update various legal definitions and procedures across multiple Acts.
- Area of Law
- Criminal Law
- International Trade Law
- Maritime Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Penalty Provisions
- Proceeds of Crime
- Piracy
- Reporting & Disclosure Obligations
