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TOTAL RESULTS: 866

  • Date
    11 Sep 2019 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Crimes Act 1914
    to: insert community safety as a factor that can be taken into account to revoke the parole of a federal offender without notice; remove the requirement to seek leave before a recorded interview of a vulnerable witness can be admitted as evidence in chief; remove the requirement for vulnerable witnesses to be available to give evidence at committal proceedings; introduce mandatory minimum penalties for certain Commonwealth child sex offences and offenders; require a court to state and record the reasons for granting bail; insert a presumption against bail for certain Commonwealth child sex offenders; insert additional factors which must be taken into account when sentencing federal offenders; require the court to have regard to certain rehabilitation considerations when sentencing Commonwealth child sex offenders; insert presumptions in favour of cumulative sentences and actual terms of imprisonment for Commonwealth child sex offenders; impose certain requirements on Commonwealth child sex offenders under a recognizance release order; add ‘residential treatment orders’ as a sentencing alternative for intellectually disabled offenders; reduce the amount of ‘clean street time’ that can be credited against the outstanding sentence following commission of an offence by a person on parole and licence; require a period of time to be served in custody if a federal offender’s parole order is revoked; and make amendments contingent on the commencement of the
    Combatting Child Sexual Exploitation Legislation Amendment Act 2019
    and
    Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019
    ;
    Criminal Code Act 1995
    to: clarify the scope of the definition of ‘engage in sexual activity’; insert a range of new aggravated offences for child sexual abuse; insert new offences relating to ‘grooming’ and the provision of electronic services to facilitate dealings with child abuse material online; increase the maximum penalties for certain Commonwealth child sex offences and breaches of reporting requirements; insert new additional factors for mandatory consideration at sentencing; and make amendments contingent on the commencement of the
    Combatting Child Sexual Exploitation Legislation Amendment Act 2019

    Bill | Explanatory Memorandum

  • Date
    01 Aug 2019 
    Chamber
    Senate 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Crimes Act 1914
    to: expand the existing presumption against bail and parole for persons charged or convicted of a terrorism offence to include persons being considered for bail for a further federal offence, persons the subject of a control order and persons who have demonstrated support for, or have links to, terrorist activity; and make it explicit that the best interests of a child must be considered as a primary consideration by the relevant decision maker at the key points in the criminal justice processes of bail, sentencing and parole; and
    Criminal Code Act 1995
    to: expand eligibility for the continuing detention order (CDO) scheme by ensuring that terrorist offenders who are currently serving a period of imprisonment for a terrorism offence and another offence remain eligible for consideration for a CDO at the conclusion of their term of imprisonment; and amend the information disclosure obligations in relation to sensitive national security information in CDO applications. 

    Bill | Explanatory Memorandum

  • Date
    04 Jul 2019 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Criminal Code Act 1995
    to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land. 

    Bill | Explanatory Memorandum

  • Date
    03 Apr 2019 
    Chamber
    Senate 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Criminal Code Act 1995
    to: introduce new offences that will apply to providers of internet, hosting or content services who fail to refer details of abhorrent violent material that records or streams conduct that has occurred, or is occurring, in Australia to the Australian Federal Police within a reasonable time after becoming aware of the existence of such material, or who fail to remove from, or cease hosting, on their services abhorrent violent material that is capable of being accessed within Australia; and enable the eSafety Commissioner to issue a written notice to a provider of a hosting or content service notifying them that abhorrent violent material can be accessed by, or is hosted on, their service. 

    Bill | Explanatory Memorandum

  • Date
    20 Feb 2019 
    Chamber
    House of Representatives 
    Status
    Not Proceeding 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Crimes Act 1914
    to: introduce a presumption against parole for persons charged with or convicted of a terrorism offence (or previously charged with or convicted of certain offences), persons subject to a control order and persons who have made statements or carried out activities supporting, or advocating support for, terrorist acts; and provide that the best interests of the child are a primary consideration, with the protection of the community the paramount consideration, when determining whether exceptional circumstances exist to rebut the presumption against bail where the person is under the age of 18 years, when determining whether exceptional circumstances exist to justify a departure from the minimum non-parole period for a terrorism offence where the offender is under the age of 18 years, and when determining whether exceptional circumstances exist to justify the release of a terrorist offender or terrorism-related offender on parole; and
    Criminal Code Act 1995
    to: provide that terrorist offenders serving a term of imprisonment for a terrorism offence and another offence are eligible for consideration of a continuing detention order (CDO) at the conclusion of their term; and provide that the requirement to provide a complete copy of a CDO application to a terrorist offender is subject to any court orders made relating to the protection of information in the application or any certificate issued by the Attorney-General under the
    National Security Information (Criminal and Civil Proceedings) Act 2004

    Bill | Explanatory Memorandum

  • Date
    20 Sep 2018 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Criminal Code Act 1995
    to: increase the maximum penalties available for the offences of contaminating goods, threatening to contaminate goods and making false statements about the contamination of good from 10 to 15 years’ imprisonment; introduce new offences with a maximum penalty of 10 years’ imprisonment that apply where a person contaminates goods, threatens to contaminate goods or makes false statements about the contamination of goods and is reckless as to whether their actions cause public alarm or anxiety, economic loss or harm to public health; and expand the meaning of public infrastructure to include foods and services and utilities related to food for the purpose of sabotage offences. 

    Bill | Explanatory Memorandum

  • Date
    24 May 2018 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Administrative Decisions (Judicial Review) Act 1977
    to exclude from review decisions of senior Australian Federal Police (AFP) members in relation to consent for the purposes of applications to vary interim control orders;
    Criminal Code Act 1995
    to: extend the operation of the control order regime, the preventative detention order (PDO) regime and the declared areas offences for a further three years; allow an issuing court to vary an interim control order; clarify the evidential weight that the issuing court must give to an original request for an interim control order during the confirmation proceedings; extend the minimum time period between an interim and a confirmation hearing for a control order; provide that the issuing court cannot make costs orders against a controlee except in limited circumstances; require the AFP to notify the Parliamentary Joint Committee on Intelligence and Security (PJCIS) after the making of initial or continued preventative orders or a prohibited contact order; create an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross; enable the Minister for Foreign Affairs to revoke a declaration of a declared area prior to the expiry of the declaration; enable the PJCIS to review a declaration of a declared area at any time while it is in effect and to table a report in both Houses of Parliament following its review; and amend provisions in relation to the protection of sensitive information in continuing detention order proceedings;
    Crime Act 1914
    to: extend the operation of stop, search and seize powers for a further three years; require the AFP to report as soon as practicable after the exercise of these powers; and require the minister to report annually to the Parliament;
    Australian Security Intelligence Organisation Act 1979
    to extend the questioning, and questioning and detention, warrant regime for a further 12 months; and
    Intelligence Services Act 2001
    to: require the PJCIS to review the PDO regime, declared areas provisions and the stop, search and seize powers ahead of their sunset date; and enable the PJCIS to monitor and review the performance of the AFP in relation to its stop, search and size powers, and the exercise of the Minister for Home Affairs’ power to declare prescribed security zones. 

    Bill | Explanatory Memorandum

  • Date
    13 Sep 2017 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the
    Criminal Code Act 1995
    to: introduce new offences for a person recklessly or intentionally representing themselves to be, or to be acting on behalf of, or with the authority of, a Commonwealth entity or service; and introduce a new injunction power to allow authorised persons to seek injunctive relief to prevent a person from engaging in conduct in contravention of the new offences. 

    Bill | Explanatory Memorandum

  • Date
    30 Mar 2017 
    Chamber
    House of Representatives 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Criminal Code Act 1995
    to introduce an offence criminalising acts done using a carriage service to prepare or plan to cause harm to, procure, or engage in sexual activity with, a person under the age of 16; and
    Crimes Act 1914
    and
    Telecommunications (Interception and Access) Act 1979
    to make consequential amendments. 

    Bill | Explanatory Memorandum

  • Date
    22 Mar 2017 
    Chamber
    Senate 
    Status
    Act 
    Portfolio
    Attorney-General 
    Summary
    Amends the:
    Acts Interpretation Act 1901
    and
    Legislation Act 2003
    to clarify the validity of ministerial acts and the operation of provisions about the management of compilations prepared for the Federal Register of Legislation;
    Archives Act 1983
    to: provide the National Archives of Australia with tools to manage high-volume applicants requesting access to records; and make other minor technical amendments;
    Bankruptcy Act 1966
    to clarify that the Family Court of Australia has bankruptcy jurisdiction when a trustee applies to have a financial agreement set aside under the
    Family Law Act 1975
    ;
    Domicile Act 1982
    to provide that it applies to territories currently specified in the Domicile Regulations 1982;
    Evidence Act 1995
    to amend the presumption about when postal articles sent by prepaid post are received;
    Family Law Act 1975
    to: introduce new offences relating to international parental child abduction and to allow a person to request a location order for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction; clarify who may perform the powers of the registry managers; align financial and other provisions for de facto and married couples; make various amendments relating to the operation of the family law courts; and make minor and technical amendments;
    International Arbitration Act 1974
    to: specify the meaning of ‘competent court’ for the purpose of the Model Law; clarify procedural requirements for enforcement of an arbitral award; modernise provisions governing certain arbitrators’ powers; and clarify the application of certain confidentiality provisions;
    Marriage Act 1961
    to: remove outdated concepts and ensure consistency with the
    Family Law Act 1975
    in relation to parental consent for the marriage of minors; and make minor and technical amendments; and
    Sex Discrimination Act 1984
    to remove the exemption for discrimination against women employed, engaged or appointed in Australian Defence Force positions involving combat duties. Also makes consequential amendments to nine Acts. 

    Bill | Explanatory Memorandum