2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 (Home Affairs) A Bill for an Act to amend various Acts relating to law and justice, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 3 Schedule 1--Identity crimes 4 Part 1--Amendments commencing the day after Royal Assent 4 Criminal Code Act 1995 4 Part 2--Other amendment 11 Criminal Code Act 1995 11 Schedule 2--Administration of justice offences 12 Part 1--Amendment of the Crimes Act 1914 12 Part 2--Other amendments 27 Australian Federal Police Act 1979 27 Federal Court of Australia Act 1976 27 International Criminal Court Act 2002 27 International Transfer of Prisoners Act 1997 27 International War Crimes Tribunals Act 1995 28 Mutual Assistance in Criminal Matters Act 1987 28 Telecommunications (Interception and Access) Act 1979 29 Transfer o f Prisoners Act 1983 29 Schedule 3--Director of Public Prosecutions Act 1983 30 Schedule 4--Anti-Money Launde ring and Counter-Terrorism Financing Act 2006 33 Schedule 5--Australian Federal Police Act 1979 35 Part 1--Amendments commencing on a day to be fixed by Proclamation 35 Part 2--Amendments commencing on the day after Royal Assent 37 Schedule 6--Judiciary Act 1903 38 i Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Australian Federal Police Act 1979 39 Crimes Act 1914 39 Criminal Code Act 1995 39 Privacy Act 1988 39 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 ii [Page Break] 2 law and justice, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Law and Justice Legislation 6 Amendment (Identity Crimes and Other Measures) Act 2008. 7 2 Commence ment 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal Part 1 Assent. 3. Schedule 1, The later of: Part 2 (a) the start of the day after this Act receives the Royal Assent; and (b) the commencement of Part 1 of Schedule 2 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b ) does not occur. 4. Schedules 2, 3 The day after this Act receives the Royal and 4 Assent. 5. Schedule 5, A single day to be fixed by Proclamat ion. Part 1 However, if any of the provision(s) do not commence with in the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 6. Schedule 5, The day after this Act receives the Royal Part 2 Assent. 7. Schedule 6 A single day to be fixed by Proclamat ion. However, if any of the provision(s) do not commence with in the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 8. Schedule 7 The day after this Act receives the Royal Assent. 2 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bi ll 2008 No. , 2008 [Page Break] 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 3 [Page Break] Part 1 A mend ments commencing the day after Royal Assent 1 2 Schedule 1--Identity crimes 3 Part 1--Amendments commencing the day after 4 Royal Assent 5 Criminal Code Act 1995 6 1 After Part 9.4 of the Criminal Code 7 Insert: 8 Part 9.5--Identity crime 9 Division 370--Preliminary 10 370.1 Definitions 11 In this Code: 12 deal, in identification information, includes make, supply or use 13 any such information. 14 identification documentation means any document or other thing 15 that: 16 (a) contains or incorporates identification information; and 17 (b) is capable of being used by a person for the purpose of 18 pretending to be, or passing the person off as, another person 19 (whether living, dead, real or fictitious). 20 identification information means information, or a document, 21 relating to a person (whether living, dead, real or fictitious) that is 22 capable of being used (whether alone or in conjunction with other 23 information or documents) to identify or purportedly identify the 24 person, including any of the following: 25 (a) a name or address; 26 (b) a date or place of birth, whether the person is married or has 27 a de facto partner, relatives' identity or similar information; 28 (c) a driver's licence or driver's licence number; 29 (d) a passport or passport number; 30 (e) biometric data; 4 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ments commencing the day after Royal Assent Part 1 1 (f) a voice print; 2 (g) a credit or debit card, its number, or data stored or encrypted 3 on it; 4 (h) a financial account number, user name or password; 5 (i) a digital signature; 6 (j) a series of numbers or letters (or both) intended for use as a 7 means of personal identification; 8 (k) an ABN. 9 Division 372--Identity fraud offences 10 372.1 Dealing in identification information 11 (1) A person (the first person) commits an offence if: 12 (a) the first person deals in identification information; and 13 (b) the first person intends that any person (the user) (whether or 14 not the first person) will use the identification information to 15 pretend to be, or to pass the user off as, another person 16 (whether living, dead, real or fictitious) for the purpose of: 17 (i) committing an offence; or 18 (ii) facilitating the commission of an offence; and 19 (c) the offence referred to in paragraph (b) is an indictable 20 offence against a law of the Commonwealth. 21 Penalty: Imprisonment for 5 years. 22 Note: Deal, in identification information, includes make, supply or use any 23 such information. See section 370.1. 24 (2) Absolute liability applies to the paragraph (1)(c) element of the 25 offence. 26 Note: For absolute liability, see section 6.2. 27 (3) This section applies: 28 (a) even if: 29 (i) committing the offence referred to in paragraph (1)(b) is 30 impossible; or 31 (ii) the offence referred to in paragraph (1)(b) is to be 32 committed at a later time; and Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 5 [Page Break] Part 1 A mend ments commencing the day after Royal Assent 1 (b) whether or not the person to whom the identification 2 information concerned relates consented to the dealing in the 3 identification information. 4 (4) This section does not apply to dealing in the first person's own 5 identification information. 6 372.2 Possession of identification information 7 (1) A person (the first person) commits an offence if: 8 (a) the first person possesses identification information; and 9 (b) the first person intends that any person (whether or not the 10 first person) will use the identification information to engage 11 in conduct; and 12 (c) the conduct referred to in paragraph (b) constitutes an offence 13 against section 372.1. 14 Penalty: Imprisonment for 3 years. 15 (2) Absolute liability applies to the paragraph (1)(c) element of the 16 offence. 17 Note: For absolute liability, see section 6.2. 18 (3) This section applies whether or not the person to whom the 19 identification information concerned relates consented to the 20 possession of the identification information. 21 (4) This section does not apply to the possession of the first person's 22 own identification information. 23 372.3 Possession of equipment used to make identification 24 documentation 25 (1) A person (the first person) commits an offence if: 26 (a) the first person possesses equipment; and 27 (b) the first person intends that any person (whether or not the 28 first person) will use the equipment to make identification 29 documentation; and 30 (c) the first person intends that any person (whether or not 31 referred to in paragraph (b)) will use the identification 32 documentation to engage in conduct; and 6 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ments commencing the day after Royal Assent Part 1 1 (d) the conduct referred to in paragraph (c) constitutes an offence 2 against section 372.1. 3 Penalty: Imprisonment for 3 years. 4 (2) Absolute liability applies to the paragraph (1)(d) element of the 5 offence. 6 Note: For absolute liability, see section 6.2. 7 372.4 Extended geographical jurisdiction--category A 8 Section 15.1 (extended geographical jurisdiction--category A) 9 applies to an offence against this Division. 10 372.5 Alte rnative verdict 11 (1) This section applies if, in a prosecution for an offence against 12 section 372.1, the trier of fact is not satisfied that the defendant is 13 guilty of the offence, but is satisfied beyond reasonable doubt that 14 the defendant is guilty of an offence against section 372.2. 15 (2) The trier of fact may find the defendant not guilty of the offence 16 against section 372.1 but guilty of the offence against 17 section 372.2, so long as the defendant has been accorded 18 procedural fairness in relation to that finding of guilt. 19 372.6 Atte mpt 20 It is not an offence to attempt to commit an offence against this 21 Division. 22 Division 375--Victims' certificates 23 375.1 Certificate may be issued by magistrate in relation to victim of 24 identity crime 25 (1) A magistrate may, on application by a person (the victim), issue a 26 certificate under this section if the magistrate is satisfied, on the 27 balance of probabilities, that: 28 (a) another person (the dealer) has dealt in identification 29 information; and Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 7 [Page Break] Part 1 A mend ments commencing the day after Royal Assent 1 (b) the dealer intended that any person (the user) (whether or not 2 the dealer) would use the identification information to 3 pretend to be, or to pass the user off as, another person 4 (whether the victim or another person living, dead, real or 5 fictitious) for the purpose of: 6 (i) committing an offence; or 7 (ii) facilitating the commission of an offence; and 8 (c) the certificate may assist with any problems the dealing has 9 caused in relation to the victim's personal or business affairs; 10 and 11 (d) the offence referred to in paragraph (b) is an indictable 12 offence against a law of the Commonwealth. 13 Note: Deal, in identification information, includes make, supply or use any 14 such information. See section 370.1. 15 (2) This section applies: 16 (a) even if: 17 (i) committing the offence referred to in paragraph (1)(b) is 18 impossible; or 19 (ii) the offence referred to in paragraph (1)(b) is to be 20 committed at a later time; and 21 (b) whether or not the person to whom the identification 22 information concerned relates consented to the dealing in the 23 identification information. 24 375.2 Content of certificate 25 (1) A certificate issued under section 375.1 must: 26 (a) identify the victim; and 27 (b) describe the dealing in identification information. 28 (2) The certificate may contain such other information as the 29 magistrate considers appropriate. 30 (3) The certificate must not identify the dealer. 31 375.3 Relation to civil and criminal proceedings 32 (1) The magistrate may issue a certificate under section 375.1 whether 33 or not: 34 (a) the dealer is identifiable; or 8 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ments commencing the day after Royal Assent Part 1 1 (b) subject to subsection (2)--any proceedings (whether civil or 2 criminal) have been or can be taken against a person for or in 3 relation to the dealing, or are pending. 4 (2) The magistrate must not issue a certificate under section 375.1 if 5 doing so would prejudice any proceedings. 6 (3) The certificate is not admissible in any proceedings. 7 375.4 Powe r conferred on magistrate personally 8 (1) Power is conferred by this Division on a magistrate only in a 9 personal capacity and not as a court or a member of a court. 10 (2) The magistrate need not accept the power conferred. 11 (3) A magistrate exercising a power under this Division has the same 12 protection and immunity as if he or she were exercising that power 13 as, or as a member of, the court of which the magistrate is a 14 member. 15 2 Dictionary in the Criminal Code 16 Insert: 17 ABN (short for Australian Business Number) has the meaning 18 given by section 41 of the A New Tax System (Australian Business 19 Number) Act 1999. 20 3 Dictionary in the Criminal Code 21 Insert: 22 deal, in identification information, has a meaning affected by 23 section 370.1. 24 4 Dictionary in the Criminal Code 25 Insert: 26 identification documentation has the meaning given by 27 section 370.1. 28 5 Dictionary in the Criminal Code 29 Insert: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 9 [Page Break] Part 1 A mend ments commencing the day after Royal Assent 1 identification information has the meaning given by section 370.1. 2 10 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Other amend ment Part 2 1 2 Part 2--Other amendment 3 Criminal Code Act 1995 4 6 Dictionary in the Criminal Code 5 Insert: 6 de facto partner, in relation to a person, has the meaning given by 7 the Acts Interpretation Act 1901. 8 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 11 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 2 Schedule 2--Administration of justice 3 offences 4 Part 1--Amendment of the Crimes Act 1914 5 1 Subsection 3(1) 6 Insert: 7 criminal detention has the meaning given by section 45A. 8 2 Subsection 3(1) 9 Insert: 10 federal criminal detention has the meaning given by section 45A. 11 3 Subsection 3(1) 12 Insert: 13 federal judicial proceeding has the meaning given by section 31. 14 4 Subsection 3(1) 15 Insert: 16 judicial proceeding has the meaning given by section 31 (other 17 than in section 3L). 18 5 Subsection 3(1) 19 Insert: 20 judicial tribunal has the meaning given by section 31. 21 6 Before section 31 22 Insert: 23 Division 1--Preliminary 24 7 Section 31 25 Repeal the section, substitute: 12 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 31 Judicial proceeding and tribunal definitions 2 In this Act: 3 federal judicial proceeding means: 4 (a) a judicial proceeding in or before: 5 (i) a federal court; or 6 (ii) a court exercising federal jurisdiction; or 7 (iii) a court of a Territory; or 8 (b) a judicial proceeding before a body or person acting under a 9 law of: 10 (i) the Commonwealth; or 11 (ii) a Territory. 12 judicial proceeding means (other than in section 3L): 13 (a) a proceeding in or before a court; or 14 (b) a proceeding: 15 (i) before a body, or a person, acting under a law of the 16 Commonwealth, of a State or of a Territory; and 17 (ii) in which evidence may be taken on oath. 18 judicial tribunal means a body or person (other than a court) 19 before whom a judicial proceeding is conducted. 20 8 Before section 34 21 Insert: 22 Division 2--Judges and magistrates 23 9 Section 34 24 Repeal the section, substitute: 25 34 Judge or magistrate acting oppressively or when inte rested 26 Excessive and unreasonable bail 27 (1) A person commits an offence if: 28 (a) the person is a judge or magistrate; and 29 (b) the judge or magistrate is required or authorised by law to 30 admit a person accused of an offence to bail; and Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 13 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 (c) the judge or magistrate requires excessive and unreasonable 2 bail; and 3 (d) the requirement is an abuse of the judge's or magistrate's 4 office; and 5 (e) the offence referred to in paragraph (b) is an offence against a 6 law of the Commonwealth. 7 Penalty: Imprisonment for 2 years. 8 (2) Subsection (1) does not apply if the judge or magistrate has a 9 reasonable excuse. 10 Note: A defendant bears an evidential burden in relation to the matter in 11 subsection (2) (see subsection 13.3(3) of the Criminal Code). 12 (3) Absolute liability applies to the paragraph (1)(e) element of the 13 offence. 14 Note: For absolute liability, see section 6.2 of the Criminal Code. 15 Acting when interested 16 (4) A person commits an offence if: 17 (a) the person is a judge or magistrate; and 18 (b) the judge or magistrate perversely exercises jurisdiction in a 19 matter; and 20 (c) the judge or magistrate has a personal interest in the matter; 21 and 22 (d) the jurisdiction is federal jurisdiction. 23 Penalty: Imprisonment for 2 years. 24 (5) Absolute liability applies to the paragraph (4)(d) element of the 25 offence. 26 Note: For absolute liability, see section 6.2 of the Criminal Code. 27 10 Before section 35 28 Insert: 29 Division 3--Evidence and witnesses 30 11 Sections 35 to 40 31 Repeal the sections, substitute: 14 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 35 Giving false testimony 2 (1) A person commits an offence if: 3 (a) the person gives false testimony touching a matter; and 4 (b) the person does so: 5 (i) in a judicial proceeding; or 6 (ii) with the intention of instituting a judicial proceeding; 7 and 8 (c) the matter is material in the judicial proceeding; and 9 (d) the judicial proceeding is a federal judicial proceeding. 10 Penalty: Imprisonment for 5 years. 11 (2) Strict liability applies to the paragraph (1)(c) element of the 12 offence. 13 Note: For strict liability, see section 6.1 of the Criminal Code. 14 (3) Absolute liability applies to the paragraph (1)(d) element of the 15 offence. 16 Note: For absolute liability, see section 6.2 of the Criminal Code. 17 (4) For the purposes of this section, it is immaterial: 18 (a) whether the testimony is given: 19 (i) on oath or not on oath; or 20 (ii) orally or in writing; or 21 (b) whether the court or judicial tribunal to which the testimony 22 is given: 23 (i) is properly constituted; or 24 (ii) is held in the proper place; or 25 (c) whether the person who gave the testimony is a competent 26 witness; or 27 (d) whether the testimony is admissible. 28 36 Fabricating evidence 29 (1) A person commits an offence if: 30 (a) the person: 31 (i) fabricates evidence; or 32 (ii) makes use of fabricated evidence; and Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 15 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 (b) the person does so with the intention of misleading a court or 2 judicial tribunal in a judicial proceeding; and 3 (c) the judicial proceeding is a federal judicial proceeding. 4 Penalty: Imprisonment for 5 years. 5 (2) Absolute liability applies to the paragraph (1)(c) element of the 6 offence. 7 Note: For absolute liability, see section 6.2 of the Criminal Code. 8 36A Intimidation of witnesses etc. 9 (1) A person (the first person) commits an offence if: 10 (a) the first person: 11 (i) threatens, intimidates or restrains another person; or 12 (ii) uses violence to, or inflicts an injury on, another person; 13 or 14 (iii) causes or procures violence, damage, loss or 15 disadvantage to another person; or 16 (iv) causes or procures the punishment of another person; 17 and 18 (b) the first person does so on account of the other person having 19 appeared, or being about to appear, as a witness in a judicial 20 proceeding; and 21 (c) the judicial proceeding is a federal judicial proceeding. 22 Penalty: Imprisonment for 5 years. 23 (2) Absolute liability applies to the paragraph (1)(c) element of the 24 offence. 25 Note: For absolute liability, see section 6.2 of the Criminal Code. 26 37 Corruption of witnesses 27 Agreements or understandings 28 (1) A person (the first person) commits an offence if: 29 (a) the first person: 30 (i) gives, confers or procures any property, or benefit, of 31 any kind to, upon or for another person; or 16 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 (ii) promises or offers to give, to confer, to procure or to 2 attempt to procure any property, or benefit, of any kind 3 to, upon or for another person; or 4 (iii) asks for, receives or obtains any property, or benefit, of 5 any kind for himself or herself or another person; or 6 (iv) agrees to receive or to obtain any property, or benefit, of 7 any kind for himself or herself or another person; and 8 (b) the first person does so upon an agreement or understanding 9 that any person called, or to be called, as a witness in a 10 judicial proceeding will: 11 (i) give false testimony; or 12 (ii) withhold true testimony; and 13 (c) the judicial proceeding is a federal judicial proceeding. 14 Penalty: Imprisonment for 5 years. 15 (2) Absolute liability applies to the paragraph (1)(c) element of the 16 offence. 17 Note: For absolute liability, see section 6.2 of the Criminal Code. 18 Inducing false testimony 19 (3) A person commits an offence if: 20 (a) the person does an act; and 21 (b) the person does so with the intention of inducing a person 22 called, or to be called, as a witness in a judicial proceeding: 23 (i) to give false testimony; or 24 (ii) to withhold true testimony; and 25 (c) the judicial proceeding is a federal judicial proceeding. 26 Penalty: Imprisonment for 5 years. 27 (4) Absolute liability applies to the paragraph (3)(c) element of the 28 offence. 29 Note: For absolute liability, see section 6.2 of the Criminal Code. 30 38 Deceiving witnesses 31 (1) A person (the first person) commits an offence if: 32 (a) the first person: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 17 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 (i) practises any fraud or deceit to a person called, or to be 2 called, as a witness in a judicial proceeding; or 3 (ii) makes or exhibits any false statement, representation, 4 token or writing to a person called, or to be called, as a 5 witness in a judicial proceeding; and 6 (b) the first person does so with the intention of affecting the 7 testimony of the other person; and 8 (c) the judicial proceeding is a federal judicial proceeding. 9 Penalty: Imprisonment for 2 years. 10 (2) Absolute liability applies to the paragraph (1)(c) element of the 11 offence. 12 Note: For absolute liability, see section 6.2 of the Criminal Code. 13 39 Destroying evidence 14 (1) A person commits an offence if: 15 (a) the person knows that a book, document or thing of any kind 16 is, or may be, required in evidence in a judicial proceeding; 17 and 18 (b) the person: 19 (i) destroys the book, document or thing; or 20 (ii) renders the book, document or thing illegible, 21 undecipherable or incapable of identification; and 22 (c) the person does so with the intention of preventing the book, 23 document or thing from being used in evidence; and 24 (d) the judicial proceeding is a federal judicial proceeding. 25 Penalty: Imprisonment for 5 years. 26 (2) Absolute liability applies to the paragraph (1)(d) element of the 27 offence. 28 Note: For absolute liability, see section 6.2 of the Criminal Code. 29 40 Preventing witnesses from attending Court 30 (1) A person (the first person) commits an offence if: 31 (a) another person has been subpoenaed or summoned to attend 32 as a witness in a judicial proceeding; and 18 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 (b) the first person prevents the other person from attending as a 2 witness, or from producing anything in evidence, pursuant to 3 the subpoena or summons; and 4 (c) the judicial proceeding is a federal judicial proceeding. 5 Penalty: Imprisonment for 1 year. 6 (2) Absolute liability applies to the paragraph (1)(c) element of the 7 offence. 8 Note: For absolute liability, see section 6.2 of the Criminal Code. 9 12 Before section 41 10 Insert: 11 Division 4--Perverting the course of justice 12 13 Subsection 41(1) 13 Repeal the subsection, substitute: 14 (1) A person commits an offence if: 15 (a) the person conspires with another person: 16 (i) to charge any person falsely with an offence; or 17 (ii) to cause any person to be falsely charged with an 18 offence; and 19 (b) the offence referred to in paragraph (a) is an offence against a 20 law of: 21 (i) the Commonwealth; or 22 (ii) a Territory. 23 Penalty: Imprisonment for 10 years. 24 (1A) Absolute liability applies to the paragraph (1)(b) element of the 25 offence. 26 Note: For absolute liability, see section 6.2 of the Criminal Code. 27 14 Subsections 42(1) and (2) 28 Repeal the subsections, substitute: 29 (1) A person commits an offence if: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 19 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 (a) the person conspires with another person to obstruct, to 2 prevent, to pervert or to defeat the course of justice in 3 relation to a judicial power; and 4 (b) the judicial power is the judicial power of the 5 Commonwealth. 6 Penalty: Imprisonment for 10 years. 7 (2) Absolute liability applies to the paragraph (1)(b) element of the 8 offence. 9 Note: For absolute liability, see section 6.2 of the Criminal Code. 10 15 Subsections 43(1) and (2) 11 Repeal the subsections, substitute: 12 (1) A person commits an offence if: 13 (a) the person attempts to obstruct, to prevent, to pervert or to 14 defeat the course of justice in relation to a judicial power; and 15 (b) the judicial power is the judicial power of the 16 Commonwealth. 17 Penalty: Imprisonment for 10 years. 18 (2) Absolute liability applies to the paragraph (1)(b) element of the 19 offence. 20 Note: For absolute liability, see section 6.2 of the Criminal Code. 21 16 Sections 44 and 45 22 Repeal the sections, substitute: 23 44 Compounding offences 24 (1) A person (the first person) commits an offence if: 25 (a) the first person: 26 (i) asks for, receives or obtains any property, or benefit, of 27 any kind for himself or herself or another person; or 28 (ii) agrees to receive or to obtain any property, or benefit, of 29 any kind for himself or herself or another person; and 30 (b) the first person does so upon an agreement or understanding 31 that the first person will: 32 (i) compound or conceal an offence; or 20 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 (ii) abstain from, discontinue or delay a prosecution for an 2 offence; or 3 (iii) withhold evidence of an offence; and 4 (c) the offence referred to in paragraph (b) is an indictable 5 offence against a law of: 6 (i) the Commonwealth; or 7 (ii) a Territory. 8 Penalty: Imprisonment for 3 years. 9 (2) Absolute liability applies to the paragraph (1)(c) element of the 10 offence. 11 Note: For absolute liability, see section 6.2 of the Criminal Code. 12 45 Inserting advertisements without authority of court 13 (1) A person commits an offence if: 14 (a) the person inserts in the Gazette, or in a newspaper, an 15 advertisement purporting to be published under the authority 16 of a court; and 17 (b) the person does so: 18 (i) without authority; or 19 (ii) knowing the advertisement to be false in any material 20 particular; and 21 (c) the advertisement purports to be published under the 22 authority of: 23 (i) a federal court; or 24 (ii) a court exercising federal jurisdiction; or 25 (iii) a court of a Territory. 26 Penalty: Imprisonment for 2 years. 27 (2) Absolute liability applies to the paragraph (1)(c) element of the 28 offence. 29 Note: For absolute liability, see section 6.2 of the Criminal Code. 30 17 Before section 46 31 Insert: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 21 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 Division 5--Escape from criminal detention 2 45A Criminal detention definitions 3 In this Act: 4 criminal detention: a person is in criminal detention if the person: 5 (a) is arrested in respect of an offence; or 6 (b) is in custody in respect of an offence; or 7 (c) is detained because: 8 (i) the person is unfit to be tried in respect of an offence; or 9 (ii) the person has been acquitted of an offence because of 10 mental illness at the time of the offence; or 11 (iii) the person has been convicted of an offence and a court 12 has ordered that the person be detained for the purposes 13 of receiving treatment for a mental illness that 14 contributed to the commission of the offence. 15 Example: Paragraph (c) includes detention under: 16 (a) Division 6 of Part IB (unfitness to be tried); or 17 (b) Division 7 of Part IB or section 20BS (mental illness). 18 federal criminal detention means criminal detention in respect of 19 an offence against a law of: 20 (a) the Commonwealth; or 21 (b) a Territory (other than the Australian Capital Territory). 22 18 Sections 46 to 48 23 Repeal the sections, substitute: 24 46 Aiding prisoner to escape 25 (1) A person (the first person) commits an offence if: 26 (a) another person (the prisoner) is in criminal detention; and 27 (b) the first person aids the prisoner: 28 (i) to escape from that detention; or 29 (ii) to attempt to escape from that detention; and 30 (c) the prisoner escapes, or attempts to escape, from that 31 detention; and 32 (d) the detention is lawful federal criminal detention. 22 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 Penalty: Imprisonment for 5 years. 2 (2) Absolute liability applies to the paragraph (1)(d) element of the 3 offence. 4 Note: For absolute liability, see section 6.2 of the Criminal Code. 5 (3) Subsection (1) does not apply if, before the escape or attempted 6 escape, the first person: 7 (a) terminates his or her aid to the prisoner; and 8 (b) takes all reasonable steps to prevent the escape or attempted 9 escape. 10 Note: A defendant bears an evidential burden in relation to the matter in 11 subsection (3) (see subsection 13.3(3) of the Criminal Code). 12 (4) The first person may be found guilty of the offence even if the 13 prisoner has not been prosecuted for, or has not been found guilty 14 of, an offence in relation to the escape or attempted escape. 15 46A Aiding prisone r to escape--conveying thing into prison etc. 16 (1) A person (the first person) commits an offence if: 17 (a) another person (the prisoner) is in criminal detention; and 18 (b) the first person conveys a thing into a prison, lock-up or other 19 place of criminal detention; and 20 (c) the first person does so with the intention of facilitating the 21 escape of the prisoner from the prison, lock-up or other place; 22 and 23 (d) the detention is lawful federal criminal detention. 24 Penalty: Imprisonment for 5 years. 25 (2) Absolute liability applies to the paragraph (1)(d) element of the 26 offence. 27 Note: For absolute liability, see section 6.2 of the Criminal Code. 28 47 Escaping 29 (1) A person commits an offence if: 30 (a) the person is in criminal detention; and 31 (b) the person escapes from that detention; and 32 (c) the detention is lawful federal criminal detention. Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 23 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 Penalty: Imprisonment for 5 years. 2 (2) Absolute liability applies to the paragraph (1)(c) element of the 3 offence. 4 Note: For absolute liability, see section 6.2 of the Criminal Code. 5 47A Rescuing a prisone r from criminal detention 6 (1) A person (the first person) commits an offence if: 7 (a) another person (the prisoner) is in criminal detention; and 8 (b) the first person rescues the prisoner from that detention by 9 force; and 10 (c) the detention is lawful federal criminal detention. 11 Penalty: Imprisonment for 14 years. 12 (2) Absolute liability applies to the paragraph (1)(c) element of the 13 offence. 14 Note: For absolute liability, see section 6.2 of the Criminal Code. 15 47B Person unlawfully at large 16 (1) A person commits an offence if: 17 (a) the person was in criminal detention in a prison, lock-up or 18 other place of criminal detention; and 19 (b) the detention was lawful federal criminal detention; and 20 (c) in accordance with a permission given under a law of a State 21 or Territory (other than the Australian Capital Territory), the 22 person leaves the prison, lock-up or other place; and 23 (d) the person refuses, or fails, to return to the prison, lock-up or 24 other place in accordance with that permission. 25 Penalty: Imprisonment for 5 years. 26 (2) Absolute liability applies to the paragraph (1)(b) element of the 27 offence. 28 Note: For absolute liability, see section 6.2 of the Criminal Code. 29 (3) Paragraph (1)(d) does not apply if the person has a reasonable 30 excuse. 31 Note: A defendant bears an evidential burden in relation to the matter in 32 subsection (3) (see subsection 13.3(3) of the Criminal Code). 24 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ment of the Crimes Act 1914 Part 1 1 47C Pe rmitting escape 2 (1) A person (the first person) commits an offence if: 3 (a) the first person is: 4 (i) an officer of a prison, lock-up or other place of criminal 5 detention; or 6 (ii) a constable; or 7 (iii) a Commonwealth officer; and 8 (b) the first person is charged for the time being with the 9 criminal detention of another person (the prisoner); and 10 (c) the first person intentionally or negligently permits the 11 prisoner to escape from the detention; and 12 (d) the detention is lawful federal criminal detention. 13 Penalty: Imprisonment for 5 years. 14 (2) Absolute liability applies to the paragraph (1)(d) element of the 15 offence. 16 Note: For absolute liability, see section 6.2 of the Criminal Code. 17 48 Harbouring etc. an escapee 18 (1) A person (the first person) commits an offence if: 19 (a) the first person knows that another person (the escapee) has 20 escaped from a place where the other person was held in 21 criminal detention; and 22 (b) the first person harbours, maintains or employs the escapee; 23 and 24 (c) the detention was lawful federal criminal detention. 25 Penalty: Imprisonment for 5 years. 26 (2) Absolute liability applies to the paragraph (1)(c) element of the 27 offence. 28 Note: For absolute liability, see section 6.2 of the Criminal Code. 29 19 Before section 49 30 Insert: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 25 [Page Break] Part 1 A mend ment of the Crimes Act 1914 1 Division 6--Seized property 2 20 Section 49 3 Repeal the section, substitute: 4 49 Removing prope rty under seizure 5 (1) A person commits an offence if: 6 (a) property has been attached, or taken, under the process or 7 authority of a court; and 8 (b) the court was: 9 (i) a federal court; or 10 (ii) exercising federal jurisdiction; or 11 (iii) a court of a Territory; and 12 (c) the person receives, removes, retains, conceals or disposes of 13 the property; and 14 (d) the person does so with the intention of hindering or 15 defeating the attachment or process. 16 Penalty: Imprisonment for 2 years. 17 (2) Absolute liability applies to the paragraph (1)(b) element of the 18 offence. 19 Note: For absolute liability, see section 6.2 of the Criminal Code. 20 26 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Other amend ments Part 2 1 2 Part 2--Other amendments 3 Australian Federal Police Act 1979 4 21 Subsection 4(1) (subparagraph (a)(i) of the definition of 5 protective service offence) 6 Omit "(other than paragraph (b))". 7 Federal Court of Australia Act 1976 8 22 Subsection 32P(2) 9 Before "judicial proceeding", insert "federal". 10 International Criminal Court Act 2002 11 23 Section 183 12 Repeal the section, substitute: 13 183 Aiding persons to escape etc. 14 Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have 15 effect as if: 16 (a) arrest pursuant to this Act were arrest in respect of an offence 17 against a law of the Commonwealth; and 18 (b) custody while in Australia pursuant to this Act were custody 19 in respect of an offence against a law of the Commonwealth. 20 International Transfer of Prisoners Act 1997 21 24 After section 56 22 Insert: 23 56A Aiding persons to escape etc. 24 Division 5 of Part III of the Crimes Act 1914 has effect as if: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 27 [Page Break] Part 2 Other amendments 1 (a) custody or detention in Australia under this Act were custody 2 in respect of an offence against a law of the Commonwealth; 3 and 4 (b) arrest under section 56 of this Act were arrest in respect of an 5 offence against a law of the Commonwealth. 6 International War Crimes Tribunals Act 1995 7 25 Section 80 8 Repeal the section, substitute: 9 80 Aiding persons to escape etc. 10 Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have 11 effect as if: 12 (a) arrest pursuant to this Act were arrest in respect of an offence 13 against a law of the Commonwealth; and 14 (b) custody while in Australia pursuant to this Act were custody 15 in respect of an offence against a law of the Commonwealth. 16 Mutual Assistance in Criminal Matters Act 1987 17 26 Section 25A 18 Repeal the section, substitute: 19 25A Aiding persons to escape etc. 20 Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have 21 effect as if: 22 (a) arrest under section 25 of this Act were arrest in respect of an 23 offence against a law of the Commonwealth; and 24 (b) custody while in Australia under a request under section 16 25 of this Act were custody in respect of an offence against a 26 law of the Commonwealth. 27 27 Section 31A 28 Repeal the section, substitute: 28 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Other amend ments Part 2 1 31A Aiding persons to escape etc. 2 Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have 3 effect as if: 4 (a) arrest under section 31 of this Act were arrest in respect of an 5 offence against a law of the Commonwealth; and 6 (b) custody while in Australia in accordance with a direction 7 under paragraph 29(1)(d) of this Act were custody in respect 8 of an offence against a law of the Commonwealth. 9 Telecommunications (Interception and Access) Act 1979 10 28 Paragraph 5D(8)(b) 11 After "46", insert ", 46A". 12 Transfer of Prisoners Act 1983 13 29 Subsection 26(1) 14 Omit "as if a reference in that section", substitute "of this Act as if a 15 reference in the definition of federal criminal detention in 16 section 45A". 17 30 Subsection 26(2) 18 Omit "that section", substitute "the definition of federal criminal 19 detention in section 45A of that Act". 20 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 29 [Page Break] 1 2 Schedule 3--Director of Public Prosecutions 3 Act 1983 4 5 1 Subsection 31(1) 6 After "all or any of his or her", insert "functions or". 7 2 Subsection 31(1) 8 Omit "other than his or her powers", substitute "other than those". 9 3 After subsection 31(1) 10 Insert: 11 (1AA) If a function is delegated under subsection (1) to a person referred 12 to in paragraph 29(b), the person need not accept the function 13 delegated. 14 4 After subsection 31(1A) 15 Insert: 16 (1B) The Director may, either generally or as otherwise provided by the 17 instrument of delegation, by writing signed by him or her, delegate 18 to: 19 (a) a person performing a similar role under a law of a State or 20 Territory; or 21 (b) a member of the staff of a State or Territory authority (within 22 the meaning of subsection 15(3)) who is a legal practitioner; 23 or 24 (c) a person authorised by, or under, a law of a State or Territory 25 to institute or conduct prosecutions for offences against the 26 laws of the State or Territory; or 27 (d) a person included in a class of persons prescribed by the 28 regulations for the purposes of this paragraph; 29 all or any of the Director's functions and powers under the 30 following provisions: 31 (e) paragraphs 6(1)(a), (b), (c), (d) and (e); 32 (f) paragraph 6(1)(n) (so far as it relates to the functions covered 33 by paragraph (e) of this subsection); 34 (g) subsections 6(2A), (2B) and (2C); 30 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] 1 (h) subsections 9(7), (8A) and (8B); 2 (i) other provisions of this Act prescribed by the regulations for 3 the purposes of this paragraph. 4 (1C) If a function is delegated under subsection (1B) to a person, the 5 person need not accept the function delegated. 6 5 Subsection 31(2) 7 After "A", insert "function or". 8 6 Subsection 31(2) 9 After "when", insert "performed or". 10 7 Subsection 31(2) 11 After "been", insert "performed or". 12 8 Subsection 31(3) 13 After "prevent", insert "the performance of a function or". 14 9 After section 32 15 Insert: 16 32A Immunity from civil proceedings 17 (1) No civil action, suit or proceeding lies against the following 18 persons: 19 (a) the Director; 20 (b) a member of the staff of the Office; 21 (c) a person to whom functions or powers are delegated under 22 section 31; 23 in relation to an act done, or omitted to be done, in good faith by 24 the person in the performance or exercise, or the purported 25 performance or exercise, of any function, duty or power under, or 26 in relation to, this Act. 27 (2) No civil action, suit or proceeding lies against a person employed 28 under subsection 27(3) in relation to an act done, or omitted to be 29 done, in good faith by the person for the purposes of the 30 performance of the functions of the Director. Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 31 [Page Break] 1 Note: Subsection (1) applies to the extent that the Director's functions or 2 powers are delegated to a person employed under subsection 27(3). 3 (3) No civil action, suit or proceeding lies against a person referred to 4 in section 29 whose services are made available to the Director in 5 relation to an act done, or omitted to be done, in good faith by the 6 person for the purpose of assisting the Director. 7 Note: Subsection (1) applies to the extent that the Director's functions or 8 powers are delegated to a person referred to in section 29 whose 9 services are made available to the Director. 10 (4) No civil action, suit or proceeding lies against the AGS in relation 11 to an act done, or omitted to be done, in good faith by the AGS in 12 performing a function or exercising a power under an arrangement 13 made under subsection 32(1). 14 (5) No civil action, suit or proceeding lies against: 15 (a) the Chief Executive Officer of the AGS; or 16 (b) a person employed under subsection 55ZB(1) of the 17 Judiciary Act 1903; 18 in relation to an act done, or omitted to be done, in good faith by 19 the person in assisting the AGS to perform a function or exercise a 20 power under an arrangement made under subsection 32(1) of this 21 Act. 22 (6) In subsections (4) and (5): 23 AGS has the meaning given by subsection 32(4). 24 32 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 4--Anti-Money Laundering and 3 Counter-Terrorism Financing Act 2006 4 5 1 Subsection 61(2) 6 After "affix", insert ", or arrange for another person to affix,". 7 2 Paragraph 62(2)(a) 8 After "notice", insert ", or communicate the information contained in 9 the notice in the manner prescribed by the AML/CTF Rules,". 10 3 Paragraph 62(2)(b) 11 After "given", insert ", or cause to be communicated the information 12 contained in the notice in the manner prescribed by the AML/CTF 13 Rules,". 14 4 Subparagraphs 124(1)(a)(iv) and (1)(b)(iv) and (v) 15 After "subsection 49(1)", insert ", in so far as that subsection relates to a 16 communication under section 41". 17 5 At the end of subsections 128(4) and (9) 18 Add: 19 ; or (c) was obtained under section 16 of the Financial Transaction 20 Reports Act 1988. 21 6 After subsection 130(3) 22 Insert: 23 (3A) Paragraph (3)(a) does not apply to AUSTRAC information that: 24 (a) was obtained under section 41; or 25 (b) was obtained under section 49, in so far as that section relates 26 to a communication under section 41; or 27 (c) was obtained under section 16 of the Financial Transaction 28 Reports Act 1988. 29 7 After subsection 131(3) 30 Insert: 31 (3A) Subsection (3) does not apply to AUSTRAC information that: Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 33 [Page Break] 1 (a) was obtained under section 41; or 2 (b) was obtained under section 49, in so far as that section relates 3 to a communication under section 41; or 4 (c) was obtained under section 16 of the Financial Transaction 5 Reports Act 1988. 6 8 Application 7 (1) The amendments of section 62 of the Anti-Money Laundering and 8 Counter-Terrorism Financing Act 2006 made by this Schedule apply in 9 relation to aircraft or ships leaving a place outside Australia on or after 10 the commencement of this item. 11 (2) The amendment of section 124 of the Anti-Money Laundering and 12 Counter-Terrorism Financing Act 2006 made by this Schedule applies 13 in relation to court or tribunal proceedings instituted on or after the 14 commencement of this item. 15 (3) The amendment of section 128 of the Anti-Money Laundering and 16 Counter-Terrorism Financing Act 2006 made by this Schedule applies 17 in relation to information obtained under section 16 of the Financial 18 Transaction Reports Act 1988 before, on or after the commencement of 19 this item. 20 (4) The amendments of sections 130 and 131 of the Anti-Money 21 Laundering and Counter-Terrorism Financing Act 2006 made by this 22 Schedule apply in relation to AUSTRAC information obtained before, 23 on or after the commencement of this item. 24 34 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on a day to be fixed by Proclamation Part 1 1 2 Schedule 5--Australian Federal Police Act 3 1979 4 Part 1--Amendments commencing on a day to be 5 fixed by Proclamation 6 1 Subsection 40LA(3) 7 Omit "blood", substitute "breath". 8 Note: The heading to section 40LA is replaced by the heading "Authorised managers may 9 require AFP appointees to undergo alcohol screening tests etc.". 10 2 Paragraph 40LA(4)(a) 11 Omit "blood", substitute "breath". 12 3 Subsection 40M(1) 13 After "her", insert "to do one or more of the following". 14 Note: The heading to section 40M is replaced by the heading "Prescribed persons may 15 require AFP employees or special members to undergo alcohol screening tests, 16 alcohol breath tests or prohibited drug tests etc.". 17 4 Before paragraph 40M(1)(a) 18 Insert: 19 (aa) undergo an alcohol screening test; 20 5 Paragraph 40M(1)(a) 21 Omit "to". 22 6 Paragraph 40M(1)(a) 23 Omit "or". 24 7 Paragraph 40M(1)(b) 25 Omit "to". 26 8 Before paragraphs 40N(1)(c) and (2)(c) 27 Insert: 28 (ba) to undergo an alcohol screening test; or Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 35 [Page Break] Part 1 A mend ments commencing on a day to be fixed by Proclamation 1 Note: The heading to section 40N is altered by omitting "Alcohol breath tests" and 2 substituting "Alcohol screening tests, alcohol breath tests". 3 9 Subsection 61(1) 4 Omit "a Deputy Commissioner, an AFP employee, a special member or 5 a special protective service officer", substitute "an AFP appointee". 6 10 Subsection 61(1) 7 After "conspicuous conduct", insert "or by his or her diligent service". 8 11 After subsection 61(1) 9 Insert: 10 (1A) If the Commissioner is satisfied that a person (other than an AFP 11 appointee) has, by his or her bravery, or other conspicuous 12 conduct, in assisting the Australian Federal Police, merited a 13 prescribed award, the Commissioner may confer the award on that 14 person. 15 12 Application 16 The amendment made by item 10 applies in relation to service 17 occurring before, on or after the commencement of this item. 18 36 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on the day after Royal Assent Part 2 1 2 Part 2--Amendments commencing on the day after 3 Royal Assent 4 13 Section 40RO 5 Before "The Commissioner", insert "(1)". 6 14 Subparagraph 40RO(a)(ii) 7 Omit "and", substitute "or". 8 15 Subparagraph 40RO(b)(ii) 9 Omit "Act; and", substitute "Act.". 10 16 Paragraph 40RO(c) 11 Repeal the paragraph. 12 17 At the end of section 40RO 13 Add: 14 (2) The Commissioner and the Ombudsman must also be satisfied that 15 the conduct does not warrant being treated as category 3 conduct 16 for the purposes of this Act. 17 18 Subsection 40TN(1) 18 Before "section 40TO", insert "subsection (3) and". 19 19 Subsection 40TN(1) 20 Omit "a person who is a member or special member", substitute "one or 21 more law enforcement officers (within the meaning of the Crimes Act 22 1914)". 23 20 Subsection 64A(2) 24 Omit "worn on, or attached to, the front of his or her uniform", 25 substitute "clearly visible on his or her uniform". 26 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 37 [Page Break] 1 2 Schedule 6--Judiciary Act 1903 3 4 1 Section 55D 5 Repeal the section. 6 2 Subsection 55E(1) (paragraph (a) of the definition of 7 Attorney-General's lawyer) 8 Repeal the paragraph, substitute: 9 (a) whose name is on: 10 (i) the roll of barristers and solicitors of the High Court 11 kept under the Rules of Court; or 12 (ii) the roll of barristers, solicitors, barristers and solicitors 13 or legal practitioners of the Supreme Court of a State or 14 Territory; and 15 3 Section 55I (paragraph (b) of the definition of AGS lawyer) 16 Repeal the paragraph, substitute: 17 (b) an employee of the AGS whose name is on: 18 (i) the roll of barristers and solicitors of the High Court 19 kept under the Rules of Court; or 20 (ii) the roll of barristers, solicitors, barristers and solicitors 21 or legal practitioners of the Supreme Court of a State or 22 Territory. 23 4 Subsection 55T(2) 24 Repeal the subsection, substitute: 25 (2) The CEO must be a person whose name is on: 26 (a) the roll of barristers and solicitors of the High Court kept 27 under the Rules of Court; or 28 (b) the roll of barristers, solicitors, barristers and solicitors or 29 legal practitioners of the Supreme Court of a State or 30 Territory. 31 38 Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 7--Miscellaneous amendments 3 4 Australian Federal Police Act 1979 5 1 Subparagraphs 4AA(1)(d)(i) and (ii) 6 Omit "a matter relating to a relevant criminal activity that relates to". 7 Crimes Act 1914 8 2 Subparagraphs 3AA(1)(d)(i) and (ii) 9 Omit "a matter relating to a relevant criminal activity that relates to". 10 Criminal Code Act 1995 11 3 Subsection 477.1(5) of the Criminal Code 12 Omit "(3)", substitute "(4)". 13 Privacy Act 1988 14 4 Subsection 6(1) (after paragraph (k) of the definition of 15 enforcement body) 16 Insert: 17 (ka) the Office of Police Integrity of Victoria; or Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2008 No. , 2008 39