Crimes Legislation Amendment (Powers and Offences) Act 2012
No. 24, 2012
Compilation No. 2
Compilation date: 5 April 2012
Includes amendments: Act No. 136, 2012
About this compilation
This is a compilation of the Crimes Legislation Amendment (Powers and Offences) Act 2012 that shows the text of the law as amended and in force on 5 April 2012 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Forensic procedures
Part 1—Amendments commencing on day after Royal Assent
Crimes Act 1914
Part 2—Amendments commencing on day to be fixed by Proclamation
Crimes Act 1914
Schedule 2—Amendments relating to disclosure of ACC information
Part 1—Amendments commencing on day after Royal Assent
Australian Crime Commission Act 2002
Part 2—Amendments commencing on Proclamation
Australian Crime Commission Act 2002
Schedule 3—Amendments relating to returnable items for the ACC
Australian Crime Commission Act 2002
Schedule 4—Amendments relating to the Integrity Commissioner’s investigative powers
Law Enforcement Integrity Commissioner Act 2006
Privacy Act 1988
Surveillance Devices Act 2004
Schedule 5—Drugs, plants and precursors
Criminal Code Act 1995
Customs Act 1901
Schedule 6—Proceeds of crime amendments
Part 1—Amendments
Director of Public Prosecutions Act 1983
Proceeds of Crime Act 2002
Part 2—Application of amendments
Schedule 7—Releasing federal offenders from prison
Crimes Act 1914
Schedule 8—Enforcement of fines
Crimes Act 1914
Schedule 9—Re‑appointment of Integrity Commissioner
Law Enforcement Integrity Commissioner…
Overview
The Crimes Legislation Amendment (Powers and Offences) Act 2012 was enacted to address various gaps and problems in the enforcement of criminal law in Australia. The Act amends several pieces of legislation, including the Crimes Act 1914, the Australian Crime Commission Act 2002, the Law Enforcement Integrity Commissioner Act 2006, and the Director of Public Prosecutions Act 1983. The enacting body is the Commonwealth Parliament, and the primary policy objective is to strengthen the enforcement capabilities of law enforcement agencies while ensuring that individual rights and privacy are adequately protected. The Act introduces amendments to forensic procedures, the disclosure of information by the Australian Crime Commission, the use of returnable items, and the investigative powers of the Integrity Commissioner, among other things.
Scope and Application
The Crimes Legislation Amendment (Powers and Offences) Act 2012 amends several existing Acts to enhance law enforcement and investigative capabilities in Australia. It applies to various entities and individuals involved in criminal investigations, including law enforcement officers, suspects, offenders, and volunteers. The Act also extends to Commonwealth, State, and Territory jurisdictions. Key amendments include changes to forensic procedures, disclosure of information by the Australian Crime Commission (ACC), use of returnable items, and the powers of the Integrity Commissioner. The Act introduces provisions for the disclosure of ACC information, specifies permissible purposes for such disclosures, and outlines penalties for unauthorised disclosures. It also modifies the Integrity Commissioner's powers to investigate corruption issues, including the ability to issue notices and summon individuals to hearings. Additionally, the Act updates the procedures for releasing federal offenders from prison and the enforcement of fines. Certain provisions of the Act commence on the day after Royal Assent, while others are subject to a fixed date or are contingent on the occurrence of specific events.
Key Provisions
- The Crimes Legislation Amendment (Powers and Offences) Act 2012 (the Act) makes several key amendments to various pieces of legislation, primarily focusing on forensic procedures, disclosure of information by the Australian Crime Commission (ACC), and the management of returnable items for the ACC. The Act also includes amendments to the Criminal Code Act 1995, Customs Act 1901, Director of Public Prosecutions Act 1983, Proceeds of Crime Act 2002, Crimes Act 1914, and Law Enforcement Integrity Commissioner Act 2006. The Act introduces changes to the definition and scope of forensic procedures, particularly distinguishing between intimate and non-intimate procedures, and expands the categories of authorised personnel and procedures. It also modifies the conditions under which forensic procedures can be carried out on offenders and the sharing of forensic material between the Commonwealth and offenders. Furthermore, the Act alters the procedures for disclosing information by the ACC, including who can disclose information and under what circumstances, as well as the conditions for sharing returnable items with other agencies.
- The Act imposes several obligations on the parties it governs, including the requirement for senior police officers to obtain informed consent for non-intimate forensic procedures and to consider specific matters before ordering such procedures. It also mandates that investigating constables must invite suspects to nominate an accredited laboratory for the analysis of shared forensic material and ensure the timely and secure provision of analysis results to suspects. Additionally, the Act requires the Australian Federal Police (AFP) to inform attendees at forensic analysis that they may be directed to leave if they do not comply with instructions. The Act further imposes obligations on the CEO of the ACC regarding the disclosure of ACC information to various entities and the conditions under which such disclosures can occur.
- The Act also outlines several offences and penalties for breaches of its provisions. For instance, it imposes penalties for the unauthorised disclosure of ACC information by recipients of such information and for breaching conditions specified by the CEO regarding the use or disclosure of ACC information. Additionally, the Act criminalises the failure to comply with a notice issued by the Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006 and the unauthorised disclosure of information about such notices. It also includes provisions for the enforcement of fines and the management of returnable items, with specific penalties and procedures outlined for breaches related to these areas.
- Area of Law
- Criminal Law
- Administrative Law
- Privacy Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Regulatory Standards
- Delegated & Subordinate Legislation
- Enforcement Powers
- Definitions & Interpretation
- Extraterritorial Application
- Transitional Provisions
