Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Notes on Clauses
Part 1 - Preliminary
This clause is a formal provision specifying the short title of the Bill.
Subclause 2(1) provides that each provision of the Security Legislation Amendment (Terrorism) Act 2002 (the Act) listed in column 1 of the table in clause 2 commences, or is taken to have commenced, on the day specified in column 2 of the table.
Item 1 of the table provides that clauses 1-3 of the Bill and any other clauses not covered in the table commence on the day on which the Act receives the Royal Assent.
Item 2 of the table provides that item 1 of Schedule 1, the proposed amendment to the Criminal Code Act 1995 (the Criminal Code) to insert a new Chapter 5 into the Criminal Code to deal with offences relating to the integrity and security of the Commonwealth, commences on the day on which the Act receives the Royal Assent, subject to subclause (3).
Item 3 of the table provides that item 2 of Schedule 1, which inserts into Chapter 5 of the Criminal Code a new Part 5.1, commences the day after the Act receives the Royal Assent.
Item 4 of the table provides that item 3 of Schedule 1, which inserts into Chapter 5 of the Criminal Code a new Part 5.3 dealing with preliminary aspects of the new terrorism offences, commences the day after the Act receives the Royal Assent, subject to subclause (4).
Item 5 of the table provides that items 4 and 5 of Schedule 1, which insert into Chapter 5 of the Criminal Code the terrorism offences and an application provision in relation to the terrorism offences, commence immediately after the start of the day the Act receives the Royal Assent.
Item 6 of the table provides that item 6 of Schedule 1, which amends subsection 4J(7) of the Crimes Act 1914 to amend the list of offences that may not be dealt with summarily, commences the day after this Act receives the Royal Assent, subject to subsection (5).
Item 7 of the table provides that item 7 of Schedule 1, which substitutes a new subsection for subsection 4J(7) of the Crimes Act 1914, commences immediately after the commencement of item 2 of Schedule 1, subject to subsection (6).
Item 8 of the table provides that items 8 to 18 of Schedule 1, which are consequential amendments to the Crimes Act 1914 and the Migration Act 1958, commence on the day after the Act receives the Royal Assent.
Item 9 of the table provides that item 1 of Schedule 2, the first of the two proposed amendments to the Australian Protective Service Act 1987 to implement the air security officer scheme, commences on the later of the commencement of Division 72 of the Criminal Code and the start of the day on which the Act receives the Royal Assent.
Item 10 of the table provides that item 2 of Schedule 2, the second of the proposed amendments to the Australian Protective Service Act 1987 to implement the air security officer scheme, commences at the same time as Division 101 of the Criminal Code commences.
Item 11 of the table provides that items 3 and 4 of Schedule 2, the proposed amendments to the Crimes (Aviation) Act 1991 to implement the air security officer scheme, commence on the 28th day after the day on which the Act receives the Royal Assent.
Subclause 2(2) provides that Column 3 of the table is for additional information that is not part of the Act. Relevant commencement dates may be entered into Column 3 by users of the Explanatory Memorandum in the future.
Subclause 2(3) provides that if either the Criminal Code Amendment (Espionage and Related Offences) Act 2002 or the Suppression of the Financing of Terrorism Act 2002 receives the Royal Assent on or before the day on which the Act receives the Royal Assent, the provision covered by item 2 of the table does not commence at all. Item 3 of Schedule 1 inserts a new Chapter 5 into the Criminal Code to deal with offences relating to the integrity and security of the Commonwealth. Subclause 2(3) has been included because, at the time of drafting, it could not be known which of the three Acts containing the provision establishing the new Chapter 5 would commence first.
Subclause 2(4) provides that if the Suppression of Financing of Terrorism Act 2002 receives the Royal Assent on the same day or before the day that the Act receives the Royal Assent, the provision covered by item 4 of the table does not commence at all. Item 4 of the table deals with the commencement of the insertion of the preliminary aspects of the new terrorism offences into the Criminal Code. Subclause 2(4) has been included because, at the time of drafting, it could not be known whether the Act or the Suppression of Financing of Terrorism Bill 2002, which contains an equivalent provision, would commence first.
Subclause 2(5) provides that if item 1 of Schedule 2 to the Criminal Code Amendment (Espionage and Related Offences) Act 2002 commences before or at the same time as item 2 of Schedule 1 to the Act, then item 6 of Schedule 1 to the Act does not commence at all. Item 6 of Schedule 1 amends subsection 4J(7) of the Crimes Act 1914 to amend the list of offences that may not be dealt with summarily.
Subclause 2(5) has been included because, at the time of drafting, it could not be known whether the Act or the Criminal Code Amendment (Espionage and Related Offences) Act 2002 would commence first.
Subclause 2(6) provides that if item 1 of Schedule 2 to the Criminal Code Amendment (Espionage and Related Offences) Act 2002 does not commence before or at the same time as item 2 of Schedule 1 to the Act, then item 7 of Schedule 1 to the Act does not commence at all. Item 7 of Schedule 1 substitutes a new subsection for subsection 4J(7) of the Crimes Act 1914.
Subclause 2(6) has been included because, at the time of drafting, it could not be known whether the Act or the Criminal Code Amendment (Espionage and Related Offences) Act 2002 would commence first.
Clause 3 provides that each Act specified in a schedule is amended as set out in the Schedule concerned.