Crimes Legislation Amendment Act 1991

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.

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