Explanatory Memorandum (Extracts Only)
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Notes on clauses
Clause 1 - Short title
This is a formal clause which provides for the citation of the Bill.
This clause set out when the various parts of the Bill commence.
Sections 1-4 of the Bill (the short title, the commencement, the schedules provision and the transitional provision for the Crimes Act 1914 amendments in Schedule 3) will commence on the day that the Bill receives Royal Assent.
Schedules 1 and 2 of the of the Bill, which insert people smuggling and firearms trafficking offences into the Criminal Code Act 1995 , will commence on the 28th day after the Bill receives Royal Assent.
Schedule 3 of the Bill contains amendments to a number of Acts. All of those items except one (Item 23 of Schedule 3) will commence on the 28th day after the Bill receives Royal Assent.
Item 23 of Schedule 3 amends a cross-reference in the Financial Transaction Reports Act 1988 (FTR Act) to the Commonwealth's money laundering legislation. The existing cross-reference is to sections 81 and 82 of the Proceeds of Crime Act 1987 , which will be repealed when the new money laundering legislation (Division 400 of the Criminal Code ) comes into effect on 1 January 2003. To ensure that there is no gap in the application of the relevant provision in the FTR Act, the amendment is scheduled to commence on 1 January 2003, consistent with the new money laundering legislation to which it refers. This early application of the provision is justified because the amendment will not take away a person's rights, but will actually ensure that a protection currently in the FTR Act will continue to apply.
This clause makes it clear that the Schedules to the Bill will amend the Acts set out in those Schedules in accordance with the provisions set out in each Schedule.
Clause 4 Transitional - items 1, 2, and 3 of Schedule 3
Clause 4 is a transitional provision. Items 1 and 2 of Schedule 3 operate to repeal sections 16G and 19AG from the Crimes Act 1914 ('Crimes Act'). Item 3 removes a cross-reference in subsection 19AR(6) of the Crimes Act to section 19AG.
The effect of repealing sections 16G and 19AG of the Crimes Act is that when sentencing federal offenders, courts will no longer have to take into account whether or not remissions are available in the particular State or Territory in which the person is being sentenced.
Clause 4 provides that the amendments will only apply to a sentence which is imposed after the provisions commence.