Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Schedule 2 - consequential amendments
Schedule 2 makes consequential amendments to legislation that refers to provisions in Part VII of the Crimes Act that are repealed as a result of this Bill. Where appropriate, these references are replaced with references to equivalent provisions in the Criminal Code.
Part 1 - Crimes Act 1914
Item 1 repeals subsection 4J(7) of the Crimes Act and replaces it with the same provision except to the extent that it omits references to provisions in the Crimes Act that are repealed as a result of this Bill and replaces them with references to equivalent provisions in the Criminal Code.
Item 2 repeals subsection 4J(7) of the Crimes Act and replaces it with the same provision except to the extent that it omits references to provisions in the Crimes Act that are repealed as a result of this Bill and the Security Legislation Amendment (Terrorism) Act 2002 and replaces them with references to equivalent provisions in the Criminal Code. The Security Legislation Amendment (Terrorism) Act 2002 received Royal Assent on 5 July 2002. Consequently, this item does not commence at all because the Security Legislation Amendment (Terrorism) Act 2002 contains the same provision in relation to amending subsection 4J(7) of the Crimes Act.
Item 3 amends paragraph 79(1)(a) of the Crimes Act to ensure that the definition of prescribed information captures information that has been made or obtained in contravention of section 91.1 (espionage and similar activities) of the Criminal Code.
Item 4 amends subsection 79(5) of the Crimes Act to repeal the reference to section 78 of the Crimes Act which is repealed as a result of this Bill, and replace it with a reference to section 91.1 of the Criminal Code.
Part 2 - Australian Protective Service Act 1987
Item 5 amends the Australian Protective Service Act to repeal the references to sections 78 and 83A of the Crimes Act which are repealed as a result of this Bill, and replace it with a reference to section 91.1 of the Criminal Code (Item 6).
Item 7 amends the Australian Protective Service Act to omit references to sections of the Crimes Act that will be deleted under this Bill (subsections 84(2), (3) and (4)).