Crimes Legislation Amendment (Powers and Offences) Proclamation 2012

Overview

The Crimes Legislation Amendment (Powers and Offences) Act 2012, enacted to address legislative gaps in the sharing of information between law enforcement agencies, was assented to on 4 April 2012. The Act was passed by the Australian Parliament with the aim of enhancing the Australian Crime Commission's (ACC) capability to disclose information in line with its functions under the Australian Crime Commission Act 2002. To facilitate this, the Act includes provisions that clearly define the permissible recipients of shared information, encompassing Commonwealth, State, Territory, and foreign and international bodies, while ensuring the information is appropriate and relevant to a 'permissible purpose'. Additionally, it provides a legislative foundation for the ACC to share information with private sector entities, provided specific criteria are met. The Australian Crime Commission supported the proposed commencement date of 25 June 2012, and the Proclamation was made without any additional consultation or conditions stipulated by the Act. This legislative instrument is compatible with human rights, as it does not raise any human rights issues under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Crimes Legislation Amendment (Powers and Offences) Act 2012 applies to the Australian Crime Commission (ACC) and any entities or bodies authorised to share information with the ACC under the Australian Crime Commission Act 2002. The Act facilitates the sharing of information by the ACC with Commonwealth, State, Territory, foreign, and international bodies as well as private sector entities, provided the information is deemed appropriate and relevant to a "permissible purpose" as defined within the Act. The geographic reach of the Act is national, extending across all jurisdictions within Australia and involving international entities. The Act specifies certain requirements and conditions that must be met for the sharing of information, ensuring compliance with privacy and relevance standards. The Act also allows for the extension or restriction of its application through subordinate instruments, which may further detail the conditions and requirements for information sharing. The Proclamation issued under the Act sets the commencement date for these amendments, ensuring the ACC can appropriately share information in accordance with its legislative functions.

Key Provisions

The main operative sections of the Crimes Legislation Amendment (Powers and Offences) Act 2012, specifically referenced in subsection 2(1), concern the commencement of Part 2 of Schedule 2 of the Act. This part of the Act, which is set to commence on a date fixed by Proclamation, involves amendments to the Australian Crime Commission Act 2002. These amendments aim to clearly outline the Commonwealth, state, territory, foreign, and international bodies with which the Australian Crime Commission (ACC) is authorised to share information. The amendments also detail the requirements that must be met for such information sharing to occur, including considerations of appropriateness and relevance to a 'permissible purpose' as defined in the Act. Furthermore, the legislation provides a legislative basis for the ACC to share information with private sector bodies under certain specified conditions. The obligations imposed on the ACC by the Act are multifaceted. Primarily, the ACC is required to ensure that any information shared with other bodies, whether public or private, aligns with the criteria of appropriateness and relevance as they pertain to permissible purposes. This involves a careful assessment of the information to be shared, ensuring that it meets the stringent criteria set by the Act. Additionally, the ACC must adhere to the specific requirements laid out in the Australian Crime Commission Act 2002, which have been further clarified and expanded upon by the amendments in this Act. The ACC must also ensure that the sharing of information with private sector bodies complies with the specified conditions, thus maintaining the integrity and security of the information exchange process. Offences and penalties under the Act are not explicitly detailed within the Proclamation or the explanatory statement provided. However, it is implied that any breaches of the information sharing requirements could lead to legal repercussions. While the exact nature of these consequences is not specified in the provided text, it is reasonable to infer that violations of the stringent criteria for information sharing could result in civil or criminal penalties. These penalties might include fines, imprisonment, or other legal sanctions, though the exact maximum penalties would need to be referenced from the primary legislation or subsequent amendments. The overarching principle is that adherence to the Act's provisions is mandatory, and any failure to comply could result in significant legal consequences for the ACC and potentially other implicated parties.