Bills Digest no. 74 2005–06
Crimes Amendment Bill 2005
WARNING:
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
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Crimes
Amendment Bill 2005
Date
Introduced: 26 May
2005
House: House of Representatives
Portfolio: Attorney-General
Commencement:
Date of Royal Assent
(6 July 2005)
This Bill amends the Crimes
Act 1914 ( the Crimes Act ) to enable Commonwealth
participating agencies to request assumed identity documents from
State and Territory issuing agencies in accordance with legislation
in force in those jurisdictions.
The Bill was passed without amendment on 16 June 2005, was
assented to on 6 July 2005 and became Act No. 87 of 2005.
Under the current provisions of the Crimes Act,
officers from specified Commonwealth and State agencies, such as
the Australian Federal Police, the Australian Security Intelligence
Organisation and the police forces of each State, may be issued
evidence of an assumed identity by a Commonwealth agency. This
covers documentation such as birth certificates, drivers licences,
passports and Medicare cards.
As the Attorney-General noted in his second reading speech:
Assumed identities are false identities adopted to
facilitate intelligence and investigative functions, or the
infiltration of a criminal, hostile or insecure environment with a
view to collecting information and investigating
offences.(1)
Historically, requests by the Commonwealth to the States for
false identification for the purpose of assumed identity were
handled in an informal manner. However, the States are now
formalising this process through their own legislation.
The Bill introduces definitions of State agency and Territory
agency and a new section 15XMA to ensure that any
request for this type of assumed-identification assistance to a
State or Territory issuing agency must be complied with to the
extent that the laws of the State or Territory require the agency
to do so. These arrangements are reciprocal. The States and
Territories police authorities can also gain access to federal
documentation for the purpose of undercover law enforcement
work.
The measures relating to assumed identities were passed, with
bipartisan support, under the Measures to Combat Serious and
Organised Crime Act 2001 (see the Bills
Digest for further information). Amongst other things,
that Act inserted section 15XR into the Crimes Act to criminalise
the misuse of assumed identities. As the Attorney-General stated
when introducing that Act:
This is not something that is used lightly, and
there is a reporting mechanism in place and criminal punishments
for the misuse and abuse of the system of assumed identities. For
the financial year 2003-04, for example, only 71 authorisations
were issued. Perhaps in the coming year we may see a more
widespread use of these identities as security issues come to
light. In particular, the controversy that was before the
parliament and the media yesterday concerning controlled operations
at our airports is perhaps a continuing trend and a situation where
we will see these assumed identities being necessary to assist
those officers who are operating under cover. However, that is
obviously going to be an operational matter for the Australian
Federal Police to determine.(2)
This Bill does not seek to modify either the existing
requirements for authorisation or the offences, reporting or
accountability measures of the regime created by the Measures
to Combat Serious and Organised Crime Act 2001.
Part IAC of the Crimes Act deals with assumed identities and
permits officers of a number of Commonwealth agencies the
Australian Federal Police, the Australian Customs Service, ASIO,
ASIS, the Australian Taxation Office and any other agency specified
in the regulations to obtain documents establishing an assumed
identity from Commonwealth agencies.
Under a Commonwealth authorisation (existing section 15XG of the
Crimes Act) Commonwealth participating agencies (defined in section
15XA of the Crimes Act) can request assumed identity documents from
Commonwealth issuing agencies (also defined in section 15XA of the
Crimes Act). This schedule will amend the Crimes Act to enable
Commonwealth participating agencies under a Commonwealth
authorisation to make requests for assumed identity documents from
State and Territory issuing agencies in accordance with State and
Territory legislation.
Item 1 amends the definition of issuing agency
set out in subsection 15XA(1) of the Crimes Act by adding a
reference to a State agency or a Territory agency. The amendment
ensures that requests to issue assumed identity documents can be
made to an issuing agency of a State or a Territory.
Items 2 and 3 insert definitions for State
agency and Territory agency into subsection 15XA(1) of the Crimes
Act.
Item 4 amends paragraph 15XG(1)(a) of the
Crimes Act to add a reference to State and Territory
agencies. The effect of the amendment is to allow an
authorising person of a Commonwealth participating agency to
authorise a person to acquire evidence of an assumed identity from
a State agency or a Territory agency and to use that identity. A
person is not defined.
Item 5 amends paragraph 15XG(3)(a) of the
Crimes Act to add a reference to State and Territory
agencies. The effect of the amendment is to allow an
authorising person of a Commonwealth participating agency to
authorise a foreign officer (defined in section 15XA of the Crimes
Act) to acquire evidence of an assumed identity from a State agency
or a Territory agency and to use that identity.
Item 6 makes a consequential amendment to
paragraph 15XI(2)(f) of the Crimes Act to provide that an
authorisation to acquire evidence of, and use, an assumed identity
must specify all State agencies and Territory agencies that are to
be requested to issue evidence of the assumed identity. The
amendment is consequential on making State agencies and Territory
agencies issuing agencies for the purpose of the assumed identity
provisions in the Crimes Act (see item 1).
Item 7 adds a new section 15XMA to the Crimes
Act. This provision will require that when a State or a
Territory agency receives a request to provide evidence of an
assumed identity from a Commonwealth participating agency, the
State or Territory agency must comply with the request only to the
extent that the law of the particular State or Territory requires
it to do so. This provision gives mutual recognition to the law of
the State or Territory by allowing Commonwealth participating
authorities to access the regimes created by the State or Territory
but only to the extent that the law of that State or Territory
allows.
Endnotes
-
The Hon. Philip Ruddock MP (Attorney-General), Debates,
House of Representatives, 26 May 2005, p. 5.
-
op. cit.
Sue Harris Rimmer
11 January 2006
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
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