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CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - NOTES

CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - NOTES

No. 8, 1977

Compilation No. 9

Compilation date:    10 March 2016

Includes amendments up to: Act No. 4, 2016

Registered:    26 May 2016

 

About this compilation

This compilation

This is a compilation of the Crimes (Internationally Protected Persons) Act 1976 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Interpretation

3A Extended meaning of internationally protected person

4 Extension of Act to Territories

5 Extraterritorial operation of Act

6 Effect of this Act on other laws

6A Application of the Criminal Code

7 Ratification of Convention

8 Offences

10 Liability to prosecution

11 Taking offenders into custody

12 Prosecutions

13 Evidence of matters relating to Convention

14 Certificates by Foreign Affairs Minister

15 Jurisdiction of courts

16 Section 38 of Judiciary Act

Schedule--Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Crimes (Internationally Protected Persons) Act 1976

8, 1977

28 Feb 1977

s. 11: 20 July 1977 (see Gazette 1977, No. S145)
Remainder: Royal Assent

 

Australian Federal Police (Consequential Amendments) Act 1979

155, 1979

28 Nov 1979

19 Oct 1979 (see s. 2 and Gazette 1979, No.  S206)

--

Australian Federal Police (Consequential Amendments) Act 1980

70, 1980

28 May 1980

28 May 1980

--

Crimes Legislation Amendment Act 1987

120, 1987

16 Dec 1987

ss. 11, 14, 74 and 75: 1 Mar 1989 (see Gazette 1989, No. S54)
ss. 16-18, 69(b) and 70-73: 19 Dec 1988 (see Gazette 1988, No. S384)
Parts II (ss. 3-9), VI and VII (ss
30-33),
ss. 34-46, 48-55 and 59: Royal Assent
s. 47: 1 Jan 1990 (see Gazette 1989, No. S359)
ss. 56-58: 16 Dec 1987 (see s. 2(4))
ss. 60-67: 1 Sept 1988 (see s. 2(5))
Remainder: 13 Jan 1988

--

 Civil Aviation Act 1988

63, 1988

15 June 1988

Part III (ss.
17-32), s. 98, Parts IX and X (ss. 99-103): 1 July 1988 (see Gazette 1988, No.  S189)
Remainder: Royal Assent

--

Law and Justice Legislation Amendment Act 1989

11, 1990

17 Jan 1990

Part I (ss. 1, 2), Part 3 (ss. 6, 7) and ss. 12, 13 and 51(1)(b), (2): Royal Assent
ss. 8-10: 17 July 1990
Remainder: 14 Feb 1990

--

Qantas Sale Act 1992

196, 1992

21 Dec 1992

Schedule (Part 2): 10 Mar 1993 (see Gazette 1993, No. GN17) (a)

--

Crimes and Other Legislation Amendment Act 1994

182, 1994

19 Dec 1994

s. 31: 16 Jan 1995 (b)

--

Overseas Missions (Privileges and Immunities) (Consequential Amendments) Act 1995

58, 1995

28 June 1995

Schedule 2: 28 June 1995

--

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

s. 4(1), (2) and Schedule 16: (c)

s. 4(1), (2)

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Schedule 10 (item 10): 20 Feb 2010

--

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 5 (items 69, 70): 19 Apr 2011

--

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Schedule 3 (item 2): Royal Assent

--

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 79): 10 Mar 2016 (s 2(1) item 6)

--

 

(a) The Crimes (Internationally Protected Persons) Act 1976 was amended by the Schedule (Part 2) only of the Qantas Sale Act 1992, subsection 2(3)(a) of which provides as follows:

 (3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:

 (a) in the case of sections  30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and

(b) The Crimes (Internationally Protected Persons) Act 1976 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:

 (4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964 , the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.

(c) The Crimes (Internationally Protected Persons) Act 1976 was amended by Schedule 16 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection  2(1)(a) of which provides as follows:

 (1) Subject to this section, this Act commences at the later of the following times:

 (a) immediately after the commencement of item  15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

 Item 15 commenced on 24 May 2001.

Endnote 4--Amendment history

 

Provision affected

How affected

s. 3.....................

am. No. 120, 1987; No. 63, 1988; No. 196, 1992; No. 58, 1995; No.  5, 2011; No. 136, 2012

s. 3A....................

ad. No. 58, 1995

s. 6.....................

am. No. 120, 1987

s. 6A....................

ad. No. 24, 2001

s. 8.....................

am. No. 120, 1987; No. 11, 1990; No. 24, 2001; No. 4, 2010; No 4, 2016

s. 9.....................

rep. No. 120, 1987

s. 11....................

am. No. 155, 1979; No. 70, 1980; No. 120, 1987

s. 12....................

am. No. 120, 1987

s. 13....................

rs. No. 182, 1994

 

am. No. 5, 2011

Heading to s. 14............

am. No. 5, 2011

s. 14....................

rs. No. 182, 1994

 

am. No. 5, 2011

s. 17....................

am. No. 120, 1987

 

rep. No. 58, 1995