House of Representatives

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Daryl Williams AM QC MP)

Outline and financial impact statement

This Bill makes a number of minor and technical amendments to various Commonwealth criminal laws. The amendments made by the Bill will:

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clarify the rules about the taking of photographs and fingerprints by making it clear that both may be taken

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clarify the consequences of a refusal to participate in an identification parade

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increase the monetary threshold for when a court of summary jurisdiction may hear and determine proceedings in respect of an indictable Commonwealth offence where the offence relates to property

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insert a provision into the Crimes Act 1914 to allow a court of summary jurisdiction to hear and determine an indictable offence if it is not punishable by imprisonment and the pecuniary penalty for the offence is below a certain level

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amend Part 1D of the Crimes Act 1914 to enable the DNA profile of an unknown deceased person to be matched with another DNA profile of an unknown deceased person, and to clarify and expand the provisions enabling the Minister to enter into arrangements with participating jurisdictions for sharing DNA information

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make a minor technical amendment to the Australian Crime Commission Establishment Act 2002

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amend the Australian Protective Service Act 1987 and the Crimes (Aviation) Act 1991 to assist the deployment of air security officers on Australian flights to and from selected international destinations

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amend the Australian Securities and Investments Commission Act 2001 to allow information to be passed to the Australian Crime Commission (ACC) in the same circumstances as it may have been passed to the National Crime Authority (NCA) prior to its cessation on 31 December 2002 and to remove a reference to the Australian Bureau of Criminal Intelligence which has been incorporated into the ACC

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amend the Corporations Act 2001 to allow information to be passed to the ACC in the same circumstances as it may have been passed to the NCA

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amend the Crimes at Sea Act 2000 to clarify that the laws that apply in the territorial sea adjacent to the Northern Territory are the laws of the Northern Territory rather than all laws that are in force in that Territory

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amend the Criminology Research Act 1971 to make it a requirement that the Criminology Research Council include one member who is a representative of the Australian Capital Territory, and make relevant consequential amendments

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amend the requirements for authentication of testimony received from a foreign country by removing outdated requirements for seals

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augment the assistance given to international war crimes tribunals including allowing the use of video links

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amend the Bill as introduced to remove a proposed amendment to the International War Crimes Tribunal Act 1992 make minor technical amendments to the Proceeds of Crime Act 2002 to clarify that the Official Trustee has the power to sell restrained property (so that, as originally intended, the Official Trustee can pay a legal aid commission's legal costs out of the property of a suspect covered by a restraining order)

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amend the Service and Execution of Process Act 1992 to allow parole board warrants to be executed interstate

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make other minor technical amendments to the Crimes Act 1914, Australian Federal Police Act 1979 and the Mutual Assistance in Business Regulations Act 1992 , and

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correct misdescribed amendments.

Financial impact statement

There are no direct financial impacts flowing from this Bill.