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Second Reading Speeches

Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
44

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Summary

Amends: the

Criminal Code Act 1995
to: make recklessness the fault element for attempted serious drug offences and remove the intent to manufacture element from offences relating to the importation of border controlled precursors; clarify that proof of an intention to influence a particular foreign official is not required to establish the offence; clarify the scope and application of the war crime offence of outrages upon personal dignity in a non-international armed conflict; expand the definition of forced marriage to apply when a person is incapable of understanding the nature and effect of a marriage ceremony; insert the concept of ‘knowingly concerned’ in the commission of an offence as an additional form of secondary criminal liability; and introduce a mandatory sentence of five years imprisonment for firearm trafficking; the
Crimes Act 1914
and
Commonwealth Places (Application of Laws) Act 1970
to make amendments in relation to the sentencing, imprisonment and release of federal offenders; the
Transfer of Prisoners Act 1983
to enable the interstate transfer of federal prisoners to occur at a location other than a prison for federal prisoners approved for transfer; the
Crimes Act 1914
to: enable the Attorney-General’s Department to share information about federal offenders with relevant third party agencies; and clarify the operation of controlled operations provisions; the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
to address enforceability issues and operational constraints identified by the Australian Transaction Reports and Analysis Centre; the Law Enforcement Integrity Commissioner Act 2006 to amend the powers and functions of the commissioner; and remove the time limits on the secondment of officers to the commission; the
Australian Crime Commission Act 2002
to make technical amendments in relation to the special operations and investigations of the commission; the
Proceeds of Crime Act 2002
to increase penalties for failing to comply with a production order or with a notice to a financial institution in proceeds of crime investigations; the
Proceeds of Crime Act 2002
,
Australian Federal Police Act 1979
,
Crimes (Superannuation Benefits) Act 1989
and
Mutual Assistance in Criminal Matters Act 1987
to make technical amendments in relation to proceeds of crime; ten Acts to enable the Independent Commissioner Against Corruption of South Australia to access information from certain Commonwealth agencies, rely on defences for certain Commonwealth telecommunications offences, and apply for certain types of search warrants; and the
Classification (Publications, Films and Computer Games) Act 1995
to make technical amendments.