House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senatory the Honourable Chris Ellison)

Notes on clauses

Clause 1: Short title

This clause sets out the short title by which this Act may be cited.

Clause 2: Commencement

This clause provides that the Act commences on a day to be fixed by Proclamation. However, if the provisions of this Act do not commence within the period of 6 months beginning on the day which it receives the Royal Assent, the provisions commence on the first day after the end of that period. This is necessary to ensure there is time for adequate training before the new provisions commence.

Clause 3: Schedule(s)

This clause provides that each Act that is specified in a Schedule is amended or repealed as set out in that Schedule.

Clause 4: Application-Criminal Code Amendments

This clause provides that the new computer offences inserted into the Criminal Code by Schedule 1 to the Act apply only to conduct that takes place after the commencement of the Schedule. The clause also makes it clear that where conduct is alleged to have taken place between two dates, one prior to the commencement of the new computer offences and one on or after their commencement, the existing computer offences in Part VIA of the Crimes Act will apply to that conduct.

The provision ensures that there is no break in the law with the repeal of the existing computer offences and commencement of the new and also clarifies which regime will apply during transition from the existing offences to the new.