Crimes Legislation Amendment (Serious and Organised Crime) Bill (No. 2) 2010

Type
Government
Portfolio
Attorney-General 
Originating house
House of Representatives 
Status
Act 
Parliament no
42
Summary
Amends the:
Proceeds of Crimes Act 2002
  in relation to criminal asset confiscation and money laundering;
Crimes Act 1914
  to: enable seized material to be used by, and shared between, Commonwealth, state and territory law enforcement agencies; allow law enforcement agencies to access and search electronic equipment; and preserve the right of a person accused of a federal offence in Victoria to appeal a finding that he or she is unfit to plead;
Witness Protection Act 1994
  to: clarify the application of the Act to witnesses involved in state and territory matters; update the concept of identity; extend protection to former participants and related persons; and update and extend the scope of non-disclosure offences;
Criminal Code Act 1995
  and
Telecommunications (Interception and Access) Act 1979
  to: introduce offences into the Criminal Code to target persons involved in serious and organised crime; and ensure that telecommunications interception warrants are available for the investigation of the new offences;
Criminal Code Act 1995
  and
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
  to: extend the geographical jurisdiction and the scope of money laundering offences; and expand AUSTRAC’s ability to take enforcement action against non-complying reporting entities;
Australian Crime Commission Act 2002
  to: expand the Australian Crime Commission’s powers to deal with uncooperative witnesses; clarify procedural powers for issuing summons and notices to produce; and require a five-yearly review of the operation of the Act;
Administrative Decisions (Judicial Review) Act 1977
,
Surveillance Devices Act 2004
  and
Telecommunications (Interception and Access) Act 1979
  to make consequential amendments; and
Criminal Code Act 1995
  to: increase the penalties for bribing foreign and Commonwealth public officials; and provide that drug importation offences apply to offenders engaged in activity connected to the importation of drugs into Australia. Also amends 23 Acts consequent upon the joint commission offence being included in the Criminal Code; and amends 20 Acts consequent on provisions of the
Crimes Act 1914
  being repealed. 

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Progress

House of Representatives
16 Sep 2009Introduced and read a first time
16 Sep 2009Second reading moved
18 Nov 2009Second reading debate
18 Nov 2009Third reading agreed to
Senate
19 Nov 2009Introduced and read a first time
19 Nov 2009Second reading moved
04 Feb 2010Second reading debate
04 Feb 2010Second reading agreed to
04 Feb 2010Committee of the Whole debate

Amendment details: 10 Government agreed to
04 Feb 2010Third reading agreed to
House of Representatives
04 Feb 2010Consideration of Senate message

Details: House agreed to Senate amendments


04 Feb 2010Text of bill as passed both Houses
19 Feb 2010Assent

Act no.: 4

Year: 2010

Documents and transcripts

Text of bill

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Explanatory memoranda

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Transcript of speeches

Proposed amendments

Senate
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Schedules of amendments

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Committee Information

No documents at present

Bills Digest PDF Format

Notes

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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