Crimes Legislation Amendment (Harming Australians) Act 2015

Overview

The Crimes Legislation Amendment (Harming Australians) Act 2015 was enacted by the Parliament of Australia with the primary objective of amending the Criminal Code Act 1995 to address the problem of extraterritorial conduct that, if committed within Australia, would constitute a criminal offence. This Act was designed to ensure that individuals who engage in conduct outside Australia that would be considered an offence under Australian law, if committed within Australia, are held accountable for their actions. The Act was assented to on 30 November 2015 and commenced on 1 December 2015, with specific provisions coming into effect on the date of Royal Assent. This legislation aims to close a legal loophole that previously allowed individuals to avoid prosecution for serious criminal conduct committed abroad if the same conduct would have constituted an offence under Australian law. By extending the scope of the Criminal Code Act 1995 to include extraterritorial conduct, the Act ensures that Australian laws can be applied to protect Australians and uphold justice, regardless of where the offending behaviour occurs.

Scope and Application

The Crimes Legislation Amendment (Harming Australians) Act 2015 is an Act of the Parliament of Australia that amends the Criminal Code Act 1995. This Act applies to individuals and entities who engage in conduct that is considered harmful to Australians, either within Australia or abroad. It is a Commonwealth Act and applies to conduct occurring both domestically and internationally. The Act introduces amendments to the Criminal Code Act 1995 to impose penalties for conduct that endangers or causes harm to Australians abroad, as well as for offences committed before the commencement of the Criminal Code Act 1995. The Act's provisions commenced on 30 November 2015, with specific commencement dates for individual provisions detailed in the Act. The Act does not specify any exclusions or exemptions, and the application of the Act can be extended or restricted through subordinate instruments.

Key Provisions

The Crimes Legislation Amendment (Harming Australians) Act 2015 amends the Criminal Code Act 1995 by introducing a series of changes primarily aimed at refining the criteria for extraterritorial offences. Section 115.1(1)(a) of the Criminal Code has been amended by inserting the phrase "(whether before or after 1 October 2002 or the commencement of this Code)" after "Australia", thereby clarifying the scope of territorial jurisdiction. Additionally, a new subparagraph (e) has been introduced to include conduct engaged in before 1 October 2002 that constituted an offence under foreign law at the time it was committed. Subsection 115.1(1) has also had its penalty repealed, and new subsections 115.1(1A) and 115.1(1B) have been added, specifying maximum penalties for offences committed before and on or after 1 October 2002. Similarly, section 115.2(1)(a) has been amended by inserting "(whether before or after 1 October 2002 or the commencement of this Code)" after "Australia", and a new subparagraph (e) has been added. The penalty for subsection 115.2(1) has been repealed, and new subsections 115.2(1A) and 115.2(1B) have been inserted to outline the maximum penalties based on the date of the offence. Subsection 115.2(2) has been modified to include the new subparagraph (e). Finally, a new subsection 115.1(3) and 115.2(3) have been added to prevent individuals from being convicted twice for the same conduct under foreign law. Under the amended legislation, several obligations and requirements are imposed on the parties and entities it governs. Firstly, individuals who engage in conduct that constitutes an offence under the Criminal Code before 1 October 2002 must be aware that such conduct could still be prosecuted if it constituted an offence under the law of the country where it was committed at the time it occurred. Additionally, individuals who have been convicted or acquitted of such offences under foreign law cannot be re-prosecuted under the Australian Criminal Code. Furthermore, the legislation imposes obligations on law enforcement and prosecutorial authorities to ensure that these provisions are applied correctly and consistently. These authorities must also ensure that individuals are not subjected to double jeopardy. The Act introduces several offences with specific penalties for breach. For offences under section 115.1, if the conduct was engaged in before 1 October 2002, the offence is punishable by a maximum penalty of imprisonment for a term not exceeding the penalty that applied at the time the offence was committed, or imprisonment for life if the offence was not subject to a term of imprisonment. If the conduct was engaged in on or after 1 October 2002, the offence is punishable by a maximum penalty of imprisonment for life. For offences under section 115.2, if the conduct was engaged in before 1 October 2002, the offence is punishable by a maximum penalty of imprisonment for a term not exceeding the penalty that applied at the time the offence was committed, or imprisonment for a term of not more than 25 years if the offence was not subject to a term of imprisonment. If the conduct was engaged in on or after 1 October 2002, the offence is punishable by a maximum penalty of imprisonment for a term of not more than 25 years. These penalties reflect the severity of the conduct and the need to ensure that individuals who commit serious crimes are appropriately sanctioned.