Crimes Legislation Amendment (Harming Australians) Act 2015

(163 of 2015)

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 30 November 2015]

The Parliament of Australia enacts:

1   Short title

This Act may be cited as the Crimes Legislation Amendment (Harming Australians) Act 2015.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Amendments

Criminal Code Act 1995

1   Paragraph 115.1(1)(a) of the Criminal Code

After "Australia", insert "(whether before or after 1 October 2002 or the commencement of this Code)".

2   After paragraph 115.1(1)(d) of the Criminal Code

Insert:

; and (e) if the conduct was engaged in before 1 October 2002 - at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.

3   Subsection 115.1(1) of the Criminal Code (penalty)

Repeal the penalty.

4   At the end of subsection 115.1(1) of the Criminal Code

Add:

Note: This section commenced on 1 October 2002.

5   After subsection 115.1(1) of the Criminal Code

Insert:

(1A) If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:

(a) if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by a term of imprisonment (other than imprisonment for life) - a maximum penalty of imprisonment for a term of not more than that term; or

(b) otherwise - a maximum penalty of imprisonment for life.

(1B) If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for life.

6   Subsection 115.1(2) of the Criminal Code

Omit "paragraph (1)(c)", substitute "paragraphs (1)(c) and (e)".

7   At the end of section 115.1 of the Criminal Code

Add:

(3) If:

(a) a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and

(b) the person engaged in the conduct before 1 October 2002;

the person cannot be convicted of an offence against this section in respect of that conduct.

8   Paragraph 115.2(1)(a) of the Criminal Code

After "Australia", insert "(whether before or after 1 October 2002 or the commencement of this Code)".

9   After paragraph 115.2(1)(d) of the Criminal Code

Insert:

; and (e) if the conduct was engaged in before 1 October 2002 - at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.

10   Subsection 115.2(1) of the Criminal Code (penalty)

Repeal the penalty.

11   At the end of subsection 115.2(1) of the Criminal Code

Add:

Note: This section commenced on 1 October 2002.

12   After subsection 115.2(1) of the Criminal Code

Insert:

(1A) If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:

(a) if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by imprisonment for a term of less than 25 years - a maximum penalty of imprisonment for a term of not more than that term; or

(b) otherwise - a maximum penalty of imprisonment for a term of not more than 25 years.

(1B) If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for a term of not more than 25 years.

13   Subsection 115.2(2) of the Criminal Code

Omit "paragraphs (1)(b) and (c)", substitute "paragraphs (1)(b), (c) and (e)".

14   At the end of section 115.2 of the Criminal Code

Add:

(3) If:

(a) a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and

(b) the person engaged in the conduct before 1 October 2002;

the person cannot be convicted of an offence against this section in respect of that conduct.