Senate
National Crime Authority (Consequential Amendments) Bill 1983
National Crime Authority (Consequential Amendments) Act 1984
Explanatory Memorandum
Explanatory Memorandum on Amendment to be moved by The Government
EXPLANATORY TABLE SETTING OUT CHANGES TO THE AMENDMENT THAT WAS CIRCULATED BY THE ATTORNEY-GENERAL ON 10 MAY 1984
NATIONAL CRIME AUTHORITY (CONSEQUENTIAL AMENDMENTS) BILL 1983
The asterisked provision numbers refer to the previous draft Amendment that was circulated on 10 May 1984; those without an asterisk refer to the Amendment as re-drafted and circulated this day.
| Sub-clause 4(e) *Sub-clause 4(e) | - The insertion of "or (4HJ)(e)" instead of "or 4(HH)(e)" is consequential on the changes set out below. |
| Sub-clause 4(f) *Sub-clause 4(f) | - The insertion of the word "special" into proposed new para. 16(4HA)(b) is simply for clarification. |
| *16(HD)(b) | - The addition of words to proposed para. 16(HD)(b) is to clarify the provision relating to application to a Federal Court Judge. |
| *16(4HE)-(4HF) | - Similarly, the insertion of the words "of the Federal Court" in para. 16(4HE) and (4HF) only fills in what was intended. |
| - Proposed sub-section 16(4HH) is new. It is to remove any doubt that Clause 43A of the principal Bill authorises the Costigan Royal Commission to pass over to the Authority tax-derived information in its possession. | |
| The following changes are to take account of this addition in succeeding provisions dealing with the extent of on-communication of such information : | |
| *16(4HH) | - Para. 16(4HJ)(b) is a new insertion. |
| *16(HH)(a), (b), (c), (d) (e) and (f) | - Paras. 16(JH)(c), (d), (e), (f), (h) and (k) are re-numberings. |
| - Para. 16(HJ)(g) is a new insertion. | |
| - Para. 16(HJ)(j) is a new insertion. | |
| *16(HH)(f) and 16(HH)(d) | - Para. 16(HJ)(k) and para. 16(HJ)(f) : insertion of the words "or paragraph (4A)(ba)" is to include information communicated to the Authority by a Royal Commission where that Commission is of opinion that it relates to a tax-related investigation. See note on clause 4(c), above. |
| - Para. 16(HJ)(m) is a new insertion prohibiting the recording, divulging or communicating of information except in connection with the performance of the functions referred to in the related para. 16(HJ)(h), that is ordinary investigations by the Authority, special investigations by the Authority pursuant to a reference, and Task Force investigations co-ordinated by the Authority. | |
| *16(4HJ) | - Proposed sub-section 16(4HK) is a re-numbering. |
| *16(HK) | - Proposed sub-section 16(4HL) is a re-numbering. |
| *16(4HL) | - Proposed sub-section 16(4HM) is a re-numbering. |
| *16(4HM) | - Proposed sub-section 16(4HN) is a re-numbering. |
| *16(4HN) | - Proposed sub-section 16(4HP) is re-numbered and expanded to take account of information received from the Costigan Royal Commission under Clause 43A of the principal Bill. In addition, the language of para. (d) has been altered to better express what was intended. |
| - Proposed sub-section 16(4HQ) is a new insertion to ensure that where information is communicated to a person in connection with a taxation prosecution, that person shall not divulge or communicate the information otherwise than in accordance with the section. | |
| *16(4HP) | - Proposed sub-section 16(4HR) is a re-numbering. |
| *16(4HQ) | - Proposed sub-section 16(4HS) is a re-numbering. |
| Sub-clause 4(g) *Sub-clause 4(g) | - This includes some internal re-numbering and the addition of a reference to proposed sub-section 16(4HP), above. |
| Sub-clause 4(h) | - This is an addition to ensure that members of the Authority shall not be required to divulge or communicate to any court information transferred to the Authority from the Costigan Royal Commission under Clause 43A of the principal Bill. In principle, it reflects the like provision as to taxation officials in proposed sub-section 16(4HR), which appeared as 16(4HP) in the previous draft. |