Crimes Legislation Amendment (Miscellaneous Matters) Act 2008
No. 70, 2008
An Act to make minor amendments to various Acts, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Australian Federal Police Act 1979
Crimes Act 1914
Crimes (Aviation) Act 1991
Crimes Legislation Amendment (Miscellaneous Matters) Act 2008
No. 70, 2008
An Act to make minor amendments to various Acts, and for related purposes
[Assented to 1 July 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Crimes Legislation Amendment (Miscellaneous Matters) Act 2008.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 July 2008 |
2. Schedule 1, item 1 | Immediately after the commencement of item 4 of Schedule 1 to the Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006. | 30 December 2006 |
3. Schedule 1, item 2 | The day on which this Act receives the Royal Assent. | 1 July 2008 |
4. Schedule 1, items 3 and 4 | The day after this Act receives the Royal Assent. | 2 July 2008 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Australian Federal Police Act 1979
1 At the end of subsection 60A(2)
Add:
Penalty: Imprisonment for 2 years.
Crimes Act 1914
2 Paragraph 23YV(5)(a)
Omit “a further independent review to be undertaken within 2 years of the tabling of that report”, substitute “persons to commence, no later than 1 November 2009, a further independent review”.
Crimes (Aviation) Act 1991
3 After subparagraph 15(1)(b)(ii)
Insert:
(iia) the Criminal Code 2002 of the Australian Capital Territory in its application to the Jervis Bay Territory; or
4 At the end of paragraph 15(1)(b)
Add:
or (iv) any other law of the Australian Capital Territory prescribed by the regulations, in its application to the Jervis Bay Territory;
[Minister’s second reading speech made in—
House of Representatives on 4 June 2008
Senate on 24 June 2008]
Overview
The Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 was enacted by the Parliament of Australia to address minor amendments across various Acts, ensuring alignment and clarity in the legislative framework surrounding criminal matters. The Act was assented to on 1 July 2008, with specific provisions commencing on various dates as detailed in the table within the Act, including amendments to the Australian Federal Police Act 1979, the Crimes Act 1914, and the Crimes (Aviation) Act 1991. This Act aims to refine and update existing legislation, thereby enhancing the efficacy and coherence of the criminal justice system.
Scope and Application
The Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 is an Act of the Parliament of Australia that makes minor amendments to several pieces of criminal legislation. The Act applies to the Australian Federal Police Act 1979, the Crimes Act 1914, and the Crimes (Aviation) Act 1991, thereby affecting law enforcement agencies, the criminal justice system, and aviation-related offences. The amendments primarily involve adjustments to penalty provisions and the timelines for certain reviews. Geographically, the Act's amendments extend to the Commonwealth level, with specific references to the Jervis Bay Territory and the Australian Capital Territory, indicating a national scope. The Act does not explicitly outline exclusions, exemptions, or thresholds, but the specific amendments suggest targeted changes rather than broad application. The Act also provides for its provisions to be extended or restricted through subordinate instruments, as indicated by the insertion of references to regulations in the Crimes (Aviation) Act 1991.
Key Provisions
The Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 (C2008A00070) makes minor amendments to several existing Acts. The primary sections affected are those of the Australian Federal Police Act 1979, the Crimes Act 1914, and the Crimes (Aviation) Act 1991, as detailed in Schedule 1 of the Act. Specifically, it amends subsection 60A(2) of the Australian Federal Police Act 1979 by adding a penalty clause for imprisonment of up to 2 years (Schedule 1, item 1). For the Crimes Act 1914, the Act modifies paragraph 23YV(5)(a) by changing the timeframe for an independent review from "within 2 years of the tabling of that report" to "persons to commence, no later than 1 November 2009" (Schedule 1, item 2). Furthermore, the Crimes (Aviation) Act 1991 is amended by inserting new subparagraphs into paragraph 15(1)(b) to include references to the Criminal Code 2002 of the Australian Capital Territory and any other prescribed law of the Australian Capital Territory as it applies to the Jervis Bay Territory (Schedule 1, items 3 and 4).
The Act imposes specific obligations on the relevant parties. For instance, it mandates that any further independent review under the Crimes Act 1914 must commence no later than 1 November 2009. Additionally, the Australian Federal Police Act 1979 is updated to include a penalty for certain offences, specifying imprisonment for up to 2 years. The Crimes (Aviation) Act 1991 is amended to ensure that the legislation governing the Jervis Bay Territory includes references to the applicable laws of the Australian Capital Territory. These amendments aim to bring clarity and update the legislative framework to ensure it remains effective and relevant.
Breaches of the amended provisions may result in legal consequences. For example, under the Australian Federal Police Act 1979, failure to comply with the specified penalties could lead to criminal charges, with a maximum penalty of imprisonment for 2 years. Similarly, non-compliance with the mandated timelines for independent reviews in the Crimes Act 1914 could also result in legal repercussions. While the Act itself does not detail specific penalties for breaches beyond those already mentioned, violations of criminal statutes generally carry their own set of legal consequences, which may include fines, imprisonment, or both, depending on the severity and nature of the offence.