Bills Digest No. 84 2002-03
Crimes Legislation Amendment (People Smuggling, Firearms
Trafficking and Other Measures) Bill 2002
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Contact Officer & Copyright Details
Crimes Legislation Amendment (People
Smuggling, Firearms Trafficking and Other Measures) Bill
4 December 2002
House: House of Representatives
Portfolio: Justice and Customs
Most of the
substantive provisions commence 28 days after the date of Royal
Assent. Further details can be found in the Main Provisions section
of this Digest.
Note: The Bill was passed by
Parliament on 12 December 2002 and received Royal Assent on 19
December 2002 (Act No. 141, 2002).
things, to insert people smuggling and cross-border firearms
offences into the Criminal Code.
The Bill contains new people smuggling offences
which will be inserted into the Criminal Code. A number offences
relating to the carriage of non-citizens into Australia are found
in the Migration Act 1958. For instance, it is an
- for the master, owner, agent, charterer and operator of a
vessel to bring a non-citizen into Australia, except in certain
circumstances (eg the non-citizen holds a valid visa). The maximum
penalty is a fine of $10,000.(1)
- for the master, owner, agent, charterer and operator of a
vessel to have a concealed non-citizen on the vessel when it enters
the migration zone, except in certain circumstances. The maximum
penalty is a fine of $10,000.(2)
- for a master, owner, agent and charterer of a vessel to carry a
person on that vessel who becomes an unlawful non-citizen on entry
into Australia because he or she does not hold a valid visa. The
maximum penalty is a fine of 100 penalty units.(3)
- for a person to take part in bringing a non-citizen into
Australia unlawfully, concealing a non-citizen with intent to enter
Australia unlawfully or preventing their discovery by an official.
The maximum penalty for this offence is imprisonment for 10 years
or a fine of 1,000 penalty units, or both.(4)
In 1999, the Migration Act was
amended(5) to insert two additional offences:
- organising the entry into Australia of a group of 5 or more
unlawful non-citizens. The maximum penalty is imprisonment for 20
years or a fine of 2,000 penalty units, or both.(6)
- using forged documents, making false statements or using
documents containing false information, in connection with the
entry of a group of 5 or more non-citizens into Australia or in
connection with their visa applications. The maximum penalty is
imprisonment for 20 years or a fine of 2,000 penalty units, or
The Border Protection (Validation and
Enforcement Powers) Act 2001 is also relevant. Thus, in
relation to the two offences inserted in 1999, it provides
- where the charge is proved against a person, a court cannot
dismiss the charge, or discharge the person without recording a
conviction, unless the person was under 18 years of age at the time
the offence was committed. (This provision expressly overrides
section 19B of the Crimes Act 1914 which ordinarily allows
a court a discretion to use these options, after taking into
account things like character, health or extenuating
- in relation to an adult convicted of a people smuggling
offence, mandatory minimum penalties apply. For instance, a court
must impose a penalty of at least 8 years imprisonment for a repeat
offence and set a non-parole period of at least 5
The new offences proposed in the Bill apply to
what might be called international offences ie to the smuggling of
people into a foreign country (whether or not via Australia),
whereas existing offences in the Migration Act apply to the
smuggling of people into Australia. The new offences are, in
general, based on the Protocol against the Smuggling of Migrants by
Land, Sea and Air Supplementing the United Nations Convention
Against Transnational Organized Crime (Smuggling Protocol).
Australia signed the Smuggling Protocol in
December 2001 but has not yet ratified it.
The Smuggling Protocol is not yet in force. It
will come into operation on the 90th day after the date of deposit
of the 40th instrument of ratification, acceptance,
approval or accession, but not before the entry into force of the
UN Convention Against Transnational Organized Crime.(10)
Its purpose is to prevent and combat the smuggling of migrants and
facilitate international cooperation against human trafficking,
while protecting the rights of the victims of this
trade.(11) Some of the Protocol s provisions are
Article 5 of the Smuggling Protocol provides
that migrants shall not become liable to criminal prosecution
because they are the victims of people smugglers.
Article 6 provides that each State Party is to
criminalise the following conduct, when that conduct is committed
intentionally and in order to obtain, directly or indirectly, a
financial or other material benefit :
- smuggling of migrants
- producing a fraudulent travel or identity document for the
purpose of people smuggling
- procuring, providing or possessing a fraudulent travel or
identity document for the purpose of people smuggling
- enabling a person who is not a national or permanent resident
to remain in the State concerned without complying with the
requisite legal requirements.
The Protocol applies to the prevention,
investigation and prosecution of these offences where they are
transnational in nature and involve organised criminal
Article 6 of the Protocol also anticipates that
State Parties will adopt measures to establish:
- ancillary offences, such as attempts
- aggravated offences for example, where conduct endangers lives
or safety or involves inhuman or degrading treatment.
Article 16 provides that in implementing the
Protocol, each State Party:
shall take, consistent with its obligations
under international law, all appropriate measures, including
legislation if necessary, to preserve and protect the rights of
persons who have been the object of conduct set forth in article 6
as accorded under applicable international law, in particular the
right to life and the right not to be subjected to torture or other
cruel, inhuman or degrading treatment.
Article 16 also provides that State Parties are
to take appropriate measures that:
- protect smuggled migrants from violence
- provide appropriate assistance to migrants whose lives are
endangered by the activities of people smugglers
- take into account the special needs of women and children
- comply with consular obligations under the Vienna Convention on
Consular Relations, where a person who has been the victim of a
people smuggler is detained.
Article 18 requires State Parties to accept the
return of victims of people smuggling activity.
It appears that the Smuggling Protocol has not
yet been referred to the Joint Standing Committee on Treaties for
examination. It is generally the practice of the Government to
refer international instruments to the Committee before action is
taken to bind Australia.(13)
However, the fact that Australia is not yet a
party to the Protocol should not create constitutional problems for
the proposed legislation. The external affairs power found in
section 51(xxix) of the Constitution enables the Commonwealth
Parliament to legislate not only to implement international
treaties but in relation to matters physically external to
Australia and on matters of international concern.
The Bill also inserts cross-border firearms
trafficking offences into the Criminal Code.
Firearms laws are predominantly a State and
Territory matter. This does not mean, however, that the
Commonwealth has not played any role in shaping or making firearms
Following the Port Arthur killings in April
1996, the Commonwealth, the States and the Territories came to a
Nationwide Agreement on Firearms. The Agreement included a ban on
self-loading rifles and self-loading and pump-action shotguns, and
the formulation of a licensing and registration scheme for firearms
in accordance with national standards. It also included a 12 month
firearms amnesty and compensation scheme for gun owners and gun
dealers. It was further agreed that the Commonwealth would meet the
costs of compensation and fund the States and mainland Territories
for establishing and administering the buyback scheme and
implementing licensing and registration systems.
In the period following the May 1996 Police
Ministers Meeting, the Commonwealth, the States and the Territories
introduced legislation responding to the firearms agreement.
Commonwealth statutes included the Medicare Levy Amendment Act
1996 and the National Firearms Program Implementation Act
1996. The former increased the rate of the Medicare levy for
the 1996-97 financial year in order to fund the firearms buy-back
scheme. The latter appropriated money from Consolidated Revenue and
empowered the Attorney-General to authorise payments to the States
for the purpose of providing compensation to firearms owners and
dealers under schemes established to implement the national
The National Firearms Program Implementation
Act 1997 (Cwlth) extended compensation to certain automatic
weapons not covered by the May 1996 Police Ministers
Agreement.(14) The National Firearms Program
Implementation Act 1998 (Cwlth) extended the scheme to Norfolk
Island, Cocos (Keeling) Islands and Christmas Island.
Historically, the Commonwealth has also used its
overseas trade and commerce power to make regulations about the
importation of firearms into Australia and to legislate for
firearms importation offences.
Thus, a number of Commonwealth regulations have
been made in response to the Nationwide Agreement on Firearms and
because of concerns about handguns in the Australian community. In
1996, Commonwealth regulations were made to increase controls on
the importation of rimfire self-loading rifles and self-loading or
pump action shotguns.(15) Later that year, regulations
were made establishing a new structure for the control of firearms
importation(16), tightening controls on the importation
of handguns with a fully automatic firing capacity, and introducing
controls on the importation of all parts, some firearm accessories
and all magazines and ammunition.(17)
The Customs Legislation Amendment (Criminal
Sanctions and Other Measures) Act 2000 (Cwlth) made it an
offence to import prohibited firearms into Australia and made an
offender liable to a maximum penalty of 10 years imprisonment or a
fine of $250,000, or both.
In 2000 regulations designed to impose stricter
controls on the importation of handguns were introduced. For
example, they attempted to ensure that imported handguns would only
be released into the community on an "as needs basis" and once a
legitimate end user had been established and they allowed only
small numbers of handguns to be imported for dealer stock for the
purposes of testing and demonstration , subject to police
permission.(18) These regulations also enabled firearms
dealers to hold a limited number of self-loading rifles and
shotguns as stock for testing and demonstration. In 2001
regulations were made extending the provisions for importation of
handguns by firearms dealers to allow dealers to hold a limited
number of newly imported handguns for sale to authorised end-users
or certified firearms dealers. (19) These regulations
enabled dealers to apply to the Australian Customs Service for a
certificate authorising them to hold a specified number of handguns
as stock for a specified period. (20)
The Nationwide Agreement on Firearms dealt
primarily with long arms. For some time there has been concern
about the use of handguns in criminal activity in
Australia.(21) These concerns were heightened following
an incident on 21 October 2002 in which a man used two pistols to
kill two students and wound several others at Monash
On 28 November 2002, the Australasian Police
Ministers Council (APMC) agreed on 28 resolutions designed to
tighten controls on handguns. These resolutions were endorsed by
the Council of Australian Governments (COAG) on 6 December 2002 so
that there would be a national approach to restrict the
availability and use of handguns, particularly concealable weapons.
(23) COAG agreed that the legislative and administrative
measures required should be in place by 30 June 2003. Among the
matters agreed was that there would be a ban on handguns used for
sports shooting purposes if they exceed specified calibres and
barrel lengths and have a shot capacity of more than 10
rounds.(24) The Customs (Prohibited Imports) Amendment
Regulations 2002 (No. 4) 2002 (No. 331), which prohibits the import
of such weapons, was the Commonwealth s response to this particular
part of the agreement.(25)
The new firearms offences contained in the Bill
are designed to enable the Commonwealth to prosecute those involved
in the illegal interstate trade of firearms.(26)
Schedule 1 commences on the
28th day after Royal Assent (clause
New section 73.1 of the
Criminal Code creates an offence of people smuggling. This offence
will be committed when a person organises the illegal entry of
another person into a foreign country ( whether or not via
Australia ) for a benefit. (27) The maximum penalty is
10 years imprisonment or 1,000 penalty units, or both.
With one exception, fault elements apply to all
the physical elements of this offence.(28) Absolute
liability applies to the physical element of circumstance in the
offence, that the other person is not a citizen or permanent
resident of the country into which he or she is being smuggled.
Absolute liability means that the prosecution does not have to show
that the defendant put his or her mind to this matter. Further, a
defence of mistake of fact is not available to the defendant.
New section 73.2 is an
aggravated offence of people smuggling. An aggravated offence will
be committed where a person commits an offence of people smuggling
- involves an intention that the victim of the people smuggling
operation will be exploited after entry to the foreign
- subjects the victim to cruel, inhuman or degrading treatment,
- results in a danger of death or serious harm to the
The maximum penalty for this aggravated offence
is 20 years imprisonment or a fine of 2,000 penalty units, or
Fault elements apply to all the physical
elements in the offence created by new section
73.2, either expressly or by application of the default
fault provisions in section 5.6 of the Criminal Code.
New section 73.3 establishes an
aggravated offence of people smuggling where a person organises the
illegal entry of at least 5 people into a foreign country (whether
or not via Australia). Fault elements apply to all but one of the
physical elements of this offence. The exception is the physical
element of circumstance that the persons are not citizens or
permanent residents of the foreign country. The maximum penalty is
imprisonment for 20 years or a fine of 2,000 penalty units, or
New section 73.4 is a
jurisdictional provision. It provides that the people smuggling
offences created by new sections 73.1-73.3 can
only be committed if:
- the offender is an Australian citizen or resident and the
proscribed conduct occurs wholly outside Australia, or
- the proscribed conduct occurs partly or wholly in Australia but
the result of that conduct occurs, or is intended to occur, outside
The Attorney-General s consent is required for
the prosecution of any of these people smuggling offences
(new section 73.5).
New sections 73.6 and 73.7
define terms such as identity document , travel document and false
travel or identity document.
Document offences are created in the case of a
- makes, provides or possesses a false travel or identity
document (new section 73.8)
- provides or possesses a travel or identity document which is
issued or altered dishonestly or as a result of threats
(new section 73.9)
- provides or possesses a travel or identity document for use by
a person who is not the rightful user of that document (new
In each case, the offender must have intended
that the document be used to facilitate unlawful entry into a
foreign country and the offender must have obtained a benefit or
intended to obtain a benefit. The maximum penalty for all these
offences is 10 years imprisonment or a fine of 1,000 penalty units,
It will also be an offence to take or destroy
another person s travel or identity document in order to conceal
that person s identity, with the intention of organising their
illegal entry into a foreign country for a benefit or with the
intention of receiving a benefit (new section
73.11). Unlike the other document offences, this proposed
offence is not based on the Smuggling Protocol.
All the document offences require fault elements
to be proved for each physical element in the offences, either by
the express use of a fault element (such as intention) or as a
result of the application of the default fault provisions found in
section 5.6 of the Criminal Code.
As a result of new section
73.12, the document offences to apply to conduct that
occurs wholly or partly in Australia, to conduct occurring outside
Australia if the result of the conduct occurs wholly or partly
inside Australia, and to conduct occurring wholly outside Australia
which is engaged in by an Australian citizen, resident or
Schedule 2 commences 28 days
after Royal Assent (clause 2).
Item 1 of Schedule 2 inserts a
new chapter, Dangers to the community , into the Criminal Code. The
proposed cross-border trafficking offences will be part of the new
New section 360.1 defines the
words disposes and acquires for the purposes of the new firearms
New section 360.2 creates an
offence of disposing or acquiring a firearm across Australian
jurisdictional borders. To be guilty of the offence, a person must
engage in conduct that is an offence against a prescribed State or
Territory firearms law in the course of trade or commerce among the
States, among the Territories or between a State and a Territory
(ie the conduct must occur in the course of constitutional trade or
commerce within Australia). Further, the primary element of the
offence against a prescribed firearms law must involve the disposal
or acquisition of a firearm.
Absolute liability applies to the elements of
the offence. The Explanatory Memorandum states that the physical
and fault elements of the particular State or Territory offence
will be imported into the Commonwealth offence Absolute liability
has been applied [to prevent a situation in which the application
of the default fault elements of the Commonwealth Criminal Code
would result in] a superfluous fault element to be proved on top of
those already existing in the State or Territory offence.
(29) Absolute liability also applies to the
jurisdictional element of the offence ie the prosecution need not
show that the accused was aware that his or her conduct was
occurring in the course of trade or commerce among the States or
Territories or between a State and a Territory. Nor can the accused
rely on a defence of mistake of fact.
A person will also commit an offence if he or
she takes or sends a firearm across borders in the course of
certain trade or commerce within Australia intending that the
firearm will be disposed of and reckless about whether this will
constitute an offence against a prescribed State or Territory
firearms law (new section 360.3). Unlike the
offence in new section 360.2, absolute liability
is not applied to the jurisdictional element of the offence in
new section 360.3 ie the circumstance that it
occurred in the course of course of trade or commerce among the
States, between the Territories or between a Territory and a State.
The default fault provisions found in section 5.6 of the Criminal
Code will thus apply and the prosecution will need to show that the
accused was reckless about this element of the offence.
The maximum penalty for these new offences is
imprisonment for 10 years or a fine of $2,500, or both.
New section 360.4 preserves
concurrent operation State and Territory laws.
With the exception of item 23
(see below), Schedule 3 commences 28 days after
Royal Assent (clause 2).
Amendments to the Crimes
Commonwealth offenders are sentenced in State or
Territory courts and incarcerated in State or Territory prisons.
However, the sentencing powers exercised by judicial officers in
respect of Commonwealth offenders are found in the Crimes Act
Amendments made by items 1-3 of Schedule
3 relate to remissions. Remissions of a person s custodial
sentence are designed to encourage good behaviour in
custody.(30) However, since the late 1980s the idea of
truth in sentencing has resulted in the abolition of remissions in
most States and Territories.
At present, the Crimes Act preserves the
remission of a Commonwealth offender s head sentence(31)
in a number of ways. It provides that where a Commonwealth offender
is sentenced for a Commonwealth offence in a jurisdiction where
remissions of custodial sentences are allowed, then the
Commonwealth offender s head sentence can also be remitted (section
19AA). It also provides that if a federal sentence is to be served
in a jurisdiction where sentences are not subject to remission,
then the court imposing the sentence must take that into account
and adjust (ie reduce) the sentence accordingly (section 16G).
Section 16G was inserted into the Crimes Act by
the Crimes Legislation Amendment Act (No.2) 1989. The 1989
Act was designed to promote interstate parity of treatment for
Federal offenders in view of increasing divergences in and changes
to State and Territory laws.(32) At the time the 1989
Act was passed remissions had been abolished in NSW but remained in
all other jurisdictions. The situation has now changed so that
remissions only exist in Western Australia and Tasmania. According
to the Explanatory Memorandum, laws abolishing remissions in
Western Australia will commence during 2003(33) and
Tasmania has also indicated it will abolish
remissions.(34) As the authors of the Explanatory
Memorandum and other commentators have remarked, section 16G has
been the subject of much criticism. According to the standard
Victorian text on sentencing:
Judicial reaction to this provision has been
unfavourable. First, it has been noted that, if uniformity in
sentencing of federal offenders was the aim of this provision, it
would fail because there were variations in lengths of sentences
imposed on federal offenders between states. Second, it was argued
that if courts sentencing federal offenders were required to take
into account the abolition of remissions, but courts sentencing
state offenders were not, the disparity between the two would, if
anything, be exacerbated.(35)
Section 19AG of the Crimes Act deals with
remissions of non-parole periods. Its effect is that a court
sentencing a Commonwealth offender will have to reduce the
non-parole it imposes because, as a result of section 19AA,
remissions of non-parole periods are not permitted and the court
must take this into account.
Items 1 and 2 of
Schedule 3 repeal sections 16G and 19AG. Item
3 makes a consequential amendment. Sentences imposed
before the commencement of these amendments are not affected
Amendments to the Crimes
(Traffic in Narcotic Drugs and Psychotropic Substances) Act
The Crimes (Traffic in Narcotic Drugs and
Psychotropic Substances) Act gives effect to the United Nations
Convention Against Traffic in Narcotic Drugs and Psychotropic
Substances and creates offences of dealing in drugs on board
Australian ships, Australian aircraft or outside Australia. Other
offences created by the Act include intentionally acquiring
property obtained from the commission of a serious State drug
The narcotic drugs and psychotropic substances
to which the Act applies are scheduled to it, together with the
quantities that apply to relevant trafficking offences.
Item 4 adds the drug gamma-hydroxybutyric acid
(GHB) to the list of psychotropic substances scheduled to the Act
and provides that 2 grams is the minimum trafficable quantity and
that 1 kilogram is the minimum commercial quantity.
GHB, also known as Liquid Ecstasy, Fantasy,
Scoop, Easy Lay, Georgia Home Boy, Grievous Bodily Harm, Liquid X,
and Goop is usually consumed orally, often with
alcohol.(36) It was originally used as an anaesthetic
and can cause euphoria, dizziness, relaxation, and adverse
consequences such as vomiting and coma.(37) It is
sometimes used in sexual assaults.(38) In 2000-2001 the
Australian Customs Service intercepted three shipments of GHB
coming into the country.(39)
Amendments to the
Criminal Code Act 1995
Section 131.1 of the Criminal Code creates an
offence of theft. Theft may occur in a number of circumstances. For
instance, as a result of section 131.7, a person:
- who obtains property as a result of another person s
fundamental mistake, and
- who is under a legal obligation to restore the property or its
will commit the offence of theft if he or she
does not restore it to the other person.
Item 5 amends section 131.7 so
that such a person will also commit the offence of theft if he or
is under a legal obligation to restore the value of the
property but does not do so. The Explanatory Memorandum remarks
that this amendment is necessary because:
currently the section does not apply where the
person is only under a legal obligation to make restoration of the
value of the property. As property may not always be tangible this
gap is problematic.(40)
Items 6-10 of Schedule
3 amend offences relating to obtaining a financial
advantage, making false or misleading statements, and producing
false or misleading documents. The amendments remove some existing
requirements for proof of fault elements in those offences. For
instance, existing subsection 135.2(1) of the Criminal Code
A person is guilty of an offence if the person
obtains a financial advantage for himself or herself from a
Commonwealth entity knowing or believing that he or she is not
eligible to receive that financial advantage.
The principles of criminal responsibility
applied to Commonwealth offences by Chapter 2 of the Criminal Code
mean that fault (mental) elements are applied to each of the
physical elements of this offence. Item 6
re-structures subsection 135.2(1) so that absolute liability
applies to the circumstance that the advantage was obtained from a
Commonwealth entity. Absolute liability means that the prosecution
does not have to show that the accused person put his or her mind
to this element of the offence. Further, the defence of mistake of
fact will not be not available to the defendant. A requirement to
prove a fault element in relation to this physical element would
make the offence very difficult to prove and does not go to the
offender s culpability.
Item 11 corrects a drafting
error in subparagraph 145.2(3)(a)(i) of the Criminal Code.
Item 12 enables a person
charged with causing harm to a Commonwealth judicial or law
enforcement officer to be tried summarily. At present, such a
person can only be tried on indictment.
Items 13-20 amend offences in
the Criminal Code dealing the impersonation of Commonwealth public
officials. As presently worded those offences require the
prosecution to establish that:
- the accused falsely represented himself or herself as acting in
another person s capacity as a Commonwealth public official,
- that the accused falsely represented that he or she was another
The amendments mean that a person need only
falsely represent themselves as being a Commonwealth public
official acting in a particular capacity. It will not be necessary,
for the purposes of the offence, that they also falsely represent
themselves as another person.
Amendments to the
Financial Transaction Reports Act 1988
The Financial Transaction Reports Act (FTR Act)
provides a legislative framework for the detection of major tax
evasion, money laundering, drug trafficking, terrorist activity and
other serious crime by AUSTRAC (the Australian Transaction Reports
and Analysis Centre).
The FTR Act requires cash dealers to report
certain cash transfers, suspect transactions and International
Funds Transfer Instructions to AUSTRAC and to verify the identity
of new account holders. Cash dealers are defined to include
financial institutions, insurers, securities dealers, bookmakers
and persons operating gambling houses or casinos.
Items 21 and 22 amend the
definition of cash dealer in the Act. The Explanatory Memorandum
states that the object of the amendments is to ensure that the
definition of cash dealer includes a person who carries on a
business of transmission of money or value including through
informal money or value transfer systems or networks.
Section 17 of the FTR Act protects cash dealers
who communicate information under the statutory obligations imposed
by the Act from being caught by money laundering offences found in
the Proceeds of Crime Act 1987. In doing so, it refers to
sections 81 and 82 of the Proceeds of Crime Act. These sections
have been repealed and replaced by Division 400 of the Commonwealth
Criminal Code. As a result, item 23 replaces
references in section 17 of the FTR Act to sections 81 and 82 and
refers instead to Division 400 of the Criminal Code. Item
23 will commence on 1 January 2003, the commencement date
of Division 400 of the Criminal Code.
Amendments to the
International Transfer of Prisoners Act 1997
The International Transfer of Prisoners Act
1997 (ITP Act) establishes a framework for the exchange of
prisoners between Australia and other countries.(42) The
purpose of the scheme is to enable prisoners sentenced in one
country to serve the balance of their sentence in their home
country or another country where have they personal
ties.(43) Prisoner transfers can occur between Australia
and 50 other countries who are parties to the Council of Europe
Convention on the Transfer of Sentenced Persons.(44) It
is expected that transfers will be able to commence shortly under a
bilateral treaty concluded between Australia and Thailand.
Section 13 of the ITP Act deals with the
transfer of prisoners to Australia from foreign countries. As
presently worded, the section provides that a prisoner is eligible
for transfer back to Australia if he or she is an Australian
citizen or if he or she is permitted to travel to, enter and remain
in Australia indefinitely pursuant to the Migration Act
1958 and has community ties with a State or a Territory.
The amendment proposed by item
25 will mean that that the Attorney-General will be able
to consult with the Immigration Minister to see if the Immigration
Minister proposes to revoke the citizenship or visa of a person who
would otherwise be eligible for a transfer to Australia to serve
the balance of their sentence.
- Section 229, Migration Act.
- Section 230, Migration Act.
- Section 232, Migration Act. A penalty unit is $110 (section
4AA, Crimes Act 1914).
- Section 233, Migration Act.
- By the Migration Legislation Amendment Act (No. 1)
- Section 232A, Migration Act.
- Subsection 233A(1), Migration Act.
- Section 233B, Migration Act.
- Section 233C, Migration Act.
- Article 22.
- Article 2.
- Article 4.
- Department of Foreign Affairs and Trade, Australia
and International Treaty Making Kit, July 2000.
- These weapons included sub-machine guns and heavy machine guns.
The buyback scheme had revealed the existence of such weapons in
- Customs (Prohibited Imports) Regulations (Amendment) 1996 (No.
- This structure was later amended by the Customs (Prohibited
Imports) Regulations (Amendment) 1998 (No. 228).
- Customs (Prohibited Imports) Regulations (Amendment) 1996 (No.
91) and Explanatory Statement.
- Customs (Prohibited Imports) Amendment Regulations 2000 (No. 7)
2000 (No. 234) and Explanatory Statement.
- Explanatory Statement, Customs (Prohibited Imports) Amendment
Regulations 2001 (No. 1) 2001 (No. 60).
- See, for example, Jenny Mouzos, The licensing and registration
status of firearms used in homicide , Trends & Issues in
Crime and Criminal Justice, No. 151, May 2000.
- See, for example, Man held over uni killings , The
Age, 22 October 2002; Students die in campus shooting spree ,
The Australian, 22 October 2002.
- Council of Australian Governments Meeting, Communique,
6 December 2002.
- COAG decided that handguns permitted to be imported for sports
shooting purposes would be limited to a maximum of .38" calibre,
except for specially accredited sporting events where handguns up
to .45" would be permitted.
- There will also be a compensation scheme for licensees required
to surrender their handguns and an amnesty period for the surrender
of illegal handguns. Funds for the compensation scheme will come
from moneys left over from the original firearms buyback and, once
these funds are exhausted, the costs will be shared on a
two-thirds:one-third basis between the Commonwealth and the States
and Territories. Council of Australian Governments Meeting, 6
December 2002, Communique.
- Second Reading Speech, House of Representatives,
Hansard, 4 December 2002, p. 9536.
- The word, benefit , is defined in Criminal Code to include any
advantage and is not limited to property.
- Fault elements in the offence are either express or apply via
the operation of section 5.6 of the Criminal Code.
- Explanatory Memorandum, p. 16.
- Richard Fox & Arie Freiberg, Sentencing. State and
Federal Law in Victoria, 2nd ed, Oxford University
- The total sentence including the minimum term and the parole
period. Butterworths Encyclopaedic Legal Dictionary.
- Crimes Legislation Amendment Bill (No. 2) 1989, Second Reading
Speech, House of Representatives, Hansard, 5 October 1989,
- Note that the Sentencing Legislation Amendment and Repeal Bill
2002 is still before the WA Parliament, having been referred to the
Standing Committee on Legislation on 19 December 2002.
- Explanatory Memorandum, p. 17.
- Fox & Freiberg, op.cit., p. 794.
- Australian Bureau of Criminal Intelligence, Australian
Illicit Drug Report 2000-01; see also US Drug Enforcement
Administration, GHB (accessed 16 January
2003); European Monitoring Centre for Drugs and Drug Addiction,
Report on the Risk Assessment of GHB in the Framework of the Joint
Action on New Synthetic Drugs, September 2000 (accessed 16
- ABCI, op.cit.
- Explanatory Memorandum, p. 19.
- Explanatory Memorandum, p. 27.
- More information about the scheme is available from
Attorney-General s Department,
Australia s International Transfer of Prisoners Scheme. Frequently
Asked Questions (accessed 16 January 2003).
- Australia is a party to the Convention, which entered into
force for Australia on 1 January 2003.
20 January 2003
Bills Digest Service
Information and Research Services
This paper has been prepared for general distribution to
Senators and Members of the Australian Parliament. While great care
is taken to ensure that the paper is accurate and balanced, the
paper is written using information publicly available at the time
of production. The views expressed are those of the author and
should not be attributed to the Information and Research Services
(IRS). Advice on legislation or legal policy issues contained in
this paper is provided for use in parliamentary debate and for
related parliamentary purposes. This paper is not professional
legal opinion. Readers are reminded that the paper is not an
official parliamentary or Australian government document.
IRS staff are available to discuss the paper's
contents with Senators and Members and their staff but not with
members of the public.
© Commonwealth of Australia 2003
Except to the extent of the uses permitted under the
Copyright Act 1968, no part of this publication may be
reproduced or transmitted in any form or by any means, including
information storage and retrieval systems, without the prior
written consent of the Parliamentary Library, other than by Members
of the Australian Parliament in the course of their official
Published by the Department of the Parliamentary Library,
Back to top