National Crime Authority Amendment Act 1992

Administered by Attorney-General's Department

Legislation au C2004A04335 Not in force Act

Legislation content

National Crime Authority Amendment Act 1992

No. 44 of 1992

An Act to amend the National Crime Authority Act 1984

[Assented to 11 June 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the National Crime Authority Amendment Act 1992.

(2) In this Act, "Principal Act" means the National Crime Authority Act 19841.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Terms and conditions of appointment

3. Section 37 of the Principal Act is amended by omitting subsections (1), (1A), (1B) and (1C) and substituting the following subsections:

"(1) Subject to this Division, the Chairperson and each of the other members holds office for such period, not exceeding 4 years, as is specified in the instrument of his or her appointment.

"(1A) The Chairperson and the other members are eligible for re-appointment.

"(1B) The Chairperson may be re-appointed for one or more periods.

"(1C) The sum of the period of the Chairperson's first appointment and any period or periods of re-appointment must not exceed 4 years.

"(1D) A member other than the Chairperson may be re-appointed to any office of member for one or more periods.

"(1E) The sum of the period of a member's first appointment and any period or periods of re-appointment must not exceed 4 years.".

Minor amendments of Principal Act

4. The Principal Act is amended as set out in the Schedule.

 

SCHEDULE Section 4

MINOR AMENDMENTS OF PRINCIPAL ACT

Subsection 4(1) (definition of "Chairman"):

Omit the definition, substitute:

" 'Chairperson' means Chairperson of the Authority;".

Subsection 4(1) (definition of "member"):

Omit "Chairman", substitute "Chairperson".

Paragraph 7(2)(a):

Omit "Chairman", substitute "Chairperson".

Subsection 7(3):

Omit "Chairman", substitute "Chairperson".

Subsection 7(4):

(a)       Omit "Chairman", substitute "Chairperson".

(b)       After "he" insert "or she".

Subsection 7(5):

Omit "Chairman", substitute "Chairperson".

Subsection 7(9):

Omit "Chairman", substitute "Chairperson".

Paragraphs 7(9)(a) and (b):

After "he" insert "or she".

Subsection 8(9):

Omit "Chairman", substitute "Chairperson".

Subsection 25(3):

Omit "Chairman" (twice occurring), substitute "Chairperson".

Subsections 25(3A), (9A) and (9B):

Omit "Chairman", substitute "Chairperson".

Subsection 26(1):

Omit "Chairman", substitute "Chairperson".

Subsection 26(2):

Omit "Chairman" (twice occurring), substitute "Chairperson".

Subsection 28(6):

Omit "Chairman", substitute "Chairperson".

SCHEDULE—continued

Subsection 44(1):

Omit "Chairman" (first occurring), substitute "Chairperson".

Paragraph 44(1)(a):

Omit "Chairman", substitute "Chairperson".

Paragraph 44(1)(b):

(a)       Omit "Chairman", substitute "Chairperson".

(b)      After "his" insert "or her".

Paragraph 44(2)(a):

Omit "Chairman", substitute "Chairperson".

Subsection 44(3):

Omit "Chairman" (twice occurring), substitute "Chairperson".

Subsection 44(4):

(a)      Omit "Chairman", substitute "Chairperson".

(b)      After "he" insert "or she".

(c)      After "him" insert "or her".

Subsection 44(5):

(a)       Omit "Chairman" (twice occurring), substitute "Chairperson".

(b)      After "he" insert "or she".

Subsection 45(1):

Omit "Chairman", substitute "Chairperson".

Subsection 46(1):

Omit "Chairman", substitute "Chairperson".

Subsection 46(2):

(a)       Omit "Chairman", substitute "Chairperson".

(b)      After "his" insert "or her".

Subsections 46(3), (4), (6) and (7):

Omit "Chairman", substitute "Chairperson".

Section 46A:

Omit "Chairman", substitute "Chairperson".

Subsection 47(2):

Omit "Chairman", substitute "Chairperson".

SCHEDULE—continued

Subsections 48(1) and (2):

Omit "Chairman", substitute "Chairperson".

Section 50:

Omit "Chairman", substitute "Chairperson".

Subsections 59(7), (8) and (11):

Omit "Chairman" (twice occurring), substitute "Chairperson".

Section 59A:

(a)       Omit "Chairman", substitute "Chairperson".

(b)      Omit "Chairman's", substitute "Chairperson's".

Subsection 60(3):

Omit "Chairman" (twice occurring), substitute "Chairperson".

Subsection 60(3A):

Omit "Chairman", substitute "Chairperson".

Paragraph 61(2)(d):

Omit "Chairman", substitute "Chairperson".

NOTE

1. No. 41, 1984, as amended. For previous amendments, see Nos. 123 and 165, 1984; Nos. 104 and 193, 1985; Nos. 89 and 141, 1987; Nos. 65, 66, 75, 87 and 110, 1988; No. 108, 1989; Nos. 4 and 118, 1990; and Nos. 28, 70, 122 and 209, 1991.

NOTES ABOUT SECTION HEADINGS

  1. On the day on which this Act receives the Royal Assent, the heading to section 44 is altered by omitting "Chairman" and substituting "Chairperson".
  2. On the day on which this Act receives the Royal Assent, the heading to section 46A is altered by omitting "Chairman" and substituting "Chairperson".

[Minister's second reading speech made in—

Senate on 27 May 1992

House of Representatives on 4 June 1992]

Overview

The National Crime Authority Amendment Act 1992, enacted by the Parliament of Australia, was designed to amend the National Crime Authority Act 1984. This legislation sought to address issues related to the terms and conditions of appointment of the Chairperson and other members of the National Crime Authority. The policy objective of the Act was to ensure clarity and gender neutrality in the language used within the Principal Act, alongside establishing a clear framework for the tenure and re-appointment of these roles. The Act replaced all instances of the term "Chairman" with "Chairperson" and adjusted the conditions for appointment to allow for more flexibility and to reflect contemporary gender-inclusive language.

Scope and Application

The National Crime Authority Amendment Act 1992 amends the National Crime Authority Act 1984, which establishes the National Crime Authority as a body to investigate and prosecute serious and complex criminal matters across Australia. This amendment Act applies to the National Crime Authority and its members, including the Chairperson, and alters terms and conditions of their appointment. The Act is of national jurisdiction, applying throughout Australia, and it does not contain specific exclusions, exemptions, or thresholds. However, the substantive provisions of the Principal Act, which this amendment modifies, are wide-ranging and apply to various criminal activities and entities engaged in serious and organised crime. The Act does not explicitly extend or restrict its application through subordinate instruments, but the National Crime Authority itself may issue regulations and guidelines to govern its operations under the Principal Act.

Key Provisions

The National Crime Authority Amendment Act 1992 (No. 44 of 1992) amends the National Crime Authority Act 1984, introducing changes to the terms and conditions of appointment for the Chairperson and other members of the National Crime Authority. The Act specifies that the Chairperson and other members hold office for a period not exceeding four years, as stated in their appointment instruments (s. 3(1)). It also allows for reappointment of the Chairperson for one or more periods, with the total duration of the Chairperson's initial appointment and any subsequent reappointments not exceeding four years (s. 3(1C)). Similarly, other members can be reappointed, with their total duration of appointments not exceeding four years (s. 3(1E)). The Act imposes specific obligations on the Chairperson and members of the National Crime Authority. It mandates that the Chairperson and members serve for a specified term not exceeding four years, and be eligible for reappointment under certain conditions. Additionally, the Act includes minor amendments to the Principal Act, primarily updating the terminology from "Chairman" to "Chairperson" throughout the document to reflect gender neutrality (Schedule). For breaches of the provisions outlined in the Act, specific offences and penalties are not explicitly detailed within the provided text. However, general offences and penalties under the National Crime Authority Act 1984 would apply, which typically include provisions for criminal and civil penalties for non-compliance with the Act’s requirements. The maximum penalties would depend on the nature and severity of the breach, in line with other provisions of the Principal Act and relevant Australian laws.

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Criminal Law
Instrument
Act
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Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.