Crimes Legislation Amendment Act 1989
No. 108 of 1989
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE ACTS INTERPRETATION ACT 1901
3. Principal Act
4. References to writing, documents and records
PART 3—AMENDMENTS OF THE CRIMES ACT 1914
5. Principal Act
6. Pecuniary penalties—natural persons and bodies corporate
7. What amounts to forgery
8. Forgery of Commonwealth documents etc.
9. Insertion of new Part:
PART VIa—OFFENCES RELATING TO COMPUTERS
76a. Interpretation
76b. Unlawful access to data in Commonwealth and other computers
76c. Damaging data in Commonwealth and other computers
76d. Unlawful access to data in Commonwealth and other computers by means of Commonwealth facility
76e. Damaging data in Commonwealth and other computers by means of Commonwealth facility
76f. Saving of State and Territory laws
10. Insertion of new Part:
TABLE OF PROVISIONS—continued
Section
PART VIIc—PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS
Division 1—Interpretation and application of Part
85zl. Interpretation of Part
85zm. Meaning of “conviction” and “spent conviction”
85zn. Meaning of “quash”
85zp. Application of Part
85zq. Part binds the Crown
Division 2—Pardons for persons wrongly convicted, and quashed convictions
85zr. Pardons for persons wrongly convicted
85zs. Effect of pardons for persons wrongly convicted
85zt. Quashed convictions
85zu. Effect of quashed convictions
Division 3—Spent convictions
85zv. Spent convictions
85zw. Effect of right of non-disclosure
Division 4—Convictions of further offences
85zx. Convictions of further Commonwealth or Territory offences
85zy. Convictions of further State or foreign offences
Division 5—Complaints to Privacy Commissioner
85zz. Privacy Commissioner’s functions
85zza. Complaints to the Privacy Commissioner
8Szzb. Identity of respondent to complaint
85zzc. Investigation of complaints
85zzd. Determinations of Privacy Commissioner
85zze. Payment of compensation or expenses
85zzf. Enforcement of determination or recommendation
85zzg. Application of Privacy Act
Division 6—Exclusions
85zzh. Exclusions
85zzj. Further exemptions—law enforcement agencies
85zzk. Fair reporting: pardons and quashed convictions
11. Amendments of Crimes Act 1914 relating to penalties
12. Transition
PART 4—AMENDMENTS OF THE CRIMES (AIRCRAFT) ACT 1963
13. Principal Act
14. Interpretation
15. Taking or sending dangerous goods on aircraft
16. Interpretation
PART 5—AMENDMENTS OF THE CUSTOMS ACT 1901
17. Principal Act
18. Interpretation
19. Insertion of new section:
243ab. Effective control of property
20. Pecuniary penalties
TABLE OF PROVISIONS—continued
Section
21. Assessment of pecuniary penalty
22. Insertion of new section:
243ca. Court may lift corporate veil etc.
23. Court may make restraining order against property
24. Court may make further orders
25. Repeal and substitution of section:
243g. Official Trustee to discharge pecuniary penalty
26. Repeal and substitution of section:
243k. Contravention of restraining orders
27. Repeal and substitution of section:
243p. Costs etc. payable to Official Trustee
28. Repeal and substitution of section:
243q. Notices
29. Minor and consequential amendments
PART 6—AMENDMENTS OF THE DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983
30. Principal Act
31. Functions of Director
Overview
The Crimes Legislation Amendment Act 1989 No. 108 of 1989 was enacted to amend various Acts relating to criminal matters and to address gaps in the existing legislative framework. This legislation was assented to on 30 June 1989 by the Queen, with the Senate and the House of Representatives of the Commonwealth of Australia. The Act introduces significant changes to several areas, including the amendment of the Crimes Act 1914, the introduction of offences relating to computers, and modifications to the procedures for pardons, quashed convictions, and spent convictions. One of the key objectives of the Act is to modernise and update the criminal law to better address emerging issues, such as computer-related crimes and the administration of justice in relation to convictions.
Scope and Application
The Crimes Legislation Amendment Act 1989 (Cth) is an Australian federal legislation that amends various criminal-related Acts. The Act applies to natural persons, bodies corporate, and Commonwealth authorities, State authorities, law enforcement agencies, intelligence or security agencies, and courts or tribunals established under Commonwealth, State, or Territory laws. The Act has a national jurisdictional reach, applying throughout Australia. It includes specific exclusions and exemptions, such as for law enforcement agencies, intelligence or security agencies, and certain courts or tribunals when exercising their respective functions. The Act also extends or restricts application through subordinate instruments, such as regulations and orders. The Act amends several Acts, including the Acts Interpretation Act 1901, Crimes Act 1914, Customs Act 1901, Director of Public Prosecutions Act 1983, Judiciary Act 1903, and National Crime Authority Act 1984. The amendments cover a range of topics, including forgery, computer-related offences, pecuniary penalties, pardons, quashed convictions, spent convictions, and procedural aspects of hearings and meetings.
Key Provisions
- The Crimes Legislation Amendment Act 1989 (Cth) makes various amendments to several criminal laws, including the Crimes Act 1914, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Judiciary Act 1903, and the National Crime Authority Act 1984. The Act introduces new offences related to computers, including unlawful access and damaging data in Commonwealth and other computers, as well as new provisions for pecuniary penalties and corporate veil lifting. The Act also makes amendments to the Director of Public Prosecutions Act 1983 to expand the Director's powers and the National Crime Authority Act 1984 to clarify the roles of the Authority's members and Chairman.
- The main operative sections of the Act require courts to consider pecuniary penalties as an alternative or in addition to imprisonment for certain offences. The Act also introduces new offences related to computers, such as unlawful access to data and damaging data in Commonwealth and other computers. The Act further amends the Customs Act 1901 to provide for the lifting of the corporate veil and the making of restraining orders against property in certain circumstances.
- The Act imposes obligations on parties and entities it governs, such as the requirement for courts to consider pecuniary penalties as an alternative or in addition to imprisonment for certain offences, and the requirement for the Director of Public Prosecutions to give undertakings to persons in certain proceedings. The Act also imposes obligations on the National Crime Authority, including the requirement for the Authority's Chairman to manage the affairs of the Authority and the requirement for the Authority to regulate the conduct of proceedings at hearings and sittings.
- The Act provides for offences, penalties, and civil/criminal consequences for breach, including maximum penalties where stated. For example, the Act provides for imprisonment for up to 6 months for unlawful access to data in Commonwealth and other computers, and for up to 10 years for damaging data in Commonwealth and other computers. The Act also provides for imprisonment for up to 5 years for contravention of restraining orders and for pecuniary penalties for various offences under the Customs Act 1901. The Act further provides for the Director of Public Prosecutions to give undertakings to persons in certain proceedings, which may have civil or criminal consequences for breach.
- Area of Law
- Criminal Law
- Environmental Law
- Privacy Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Enforcement Powers
- Civil Penalty Provisions
- Transitional Provisions
- Delegated & Subordinate Legislation
- Repeal & Amendment
- Reporting & Disclosure Obligations
