House of Representatives

Explanatory Memorandum

Circulated by Authority of the Minister for Justice, the Honourable Brendan O'Connor MP

NOTES ON CLAUSES

Clause 1: Short Title

This clause provides that when the Bill is enacted, it is to be cited as the Crimes Legislation Amendment Act (No. 2) 2011.

Clause 2: Commencement

This clause sets out when the various parts of the Act are to commence.

Schedule 1 and Part 2 of Schedule 2 will commence the day after this Act receives Royal Assent.

Items 1 to 154 and 195 to 242 of Schedule 2 will commence on 1 January 2012 or the day after this Act receives Royal Assent, whichever occurs later. This is to allow arrangements to be put in place to enable the Commissioner to take action under the POCA on behalf of the newly established Criminal Assets Confiscation Taskforce, which commenced operation in January 2011. Agencies participating in the Taskforce (including the AFP, DPP, Australian Crime Commission and Australian Taxation Office) are currently working on arrangements to enable the AFP to take on responsibility for litigation once these amendments commence. A commencement date of 1 January 2012 will give the Commissioner time to put in place structures, procedures and safeguards in relation to the exercise of the powers, duties and functions which will be conferred on him or her by this Act.

Items 155 to 194 of Schedule 2, which amend the FLA, will commence on a single day to be fixed by Proclamation. However, if the provisions do not commence within 6 months of the day that this Act receives Royal Assent, they will commence on the day after the end of that period. This commencement provision has been included to provide time to consult with the States and Territories in relation to proposed Regulations to support these amendments, and allow for those Regulations to be drafted.

Clause 3: Schedule(s)

This is a formal clause that enables the Schedules to amend Acts by including amendments under the title of the relevant Act.