EXPLANATORY STATEMENT
Issued by the authority of the Minister for Justice
Crimes Legislation Amendment (Powers and Offences) Act 2012
Proclamation
Subsection 2(1) of the Crimes Legislation Amendment (Powers and Offences) Act 2012 (the Act) provides that Part 2 of Schedule 2 to the Act commences on a day to be fixed by Proclamation, but no later than six months after the date the Act received Royal Assent. The Act received Royal Assent on 4 April 2012.
The purpose of the Proclamation is to fix 25 June 2012 as the day on which Part 2 of Schedule 2 to the Act commences. The Proclamation will ensure that the Australian Crime Commission (ACC) is able to appropriately disclose information in accordance with its functions under the Australian Crime Commission Act 2002 (the ACC Act).
Part 2 of Schedule 2 to the Act amends the ACC Act to clearly set out the Commonwealth, State, Territory and foreign and international bodies with which the ACC is authorised to share information and the requirements that must be met, including appropriateness and relevance to a ‘permissible purpose’ (as defined in the Act), before information can be shared. It also provides a clear legislative basis for the ACC to share information with private sector bodies where certain specified requirements are met.
The ACC was consulted on the Proclamation and supports commencement on 25 June 2012. No further consultation was required.
The Act specifies no conditions that needed to be satisfied before the Proclamation was made.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
In fixing a date for the commencement of Part 2 of Schedule 2 to the Act, this Legislative Instrument does not raise any human rights issues, or engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and so is compatible with human rights.
Authority: Subsection 2(1) of the Crimes Legislation Amendment (Powers and Offences) Act 2012