Commonwealth Numbered Acts

CRIMES AND OTHER LEGISLATION AMENDMENT ACT 1994 No. 182 of 1994 - SCHEDULE 1

                              SCHEDULE 1                  Section 31

MINOR AMENDMENTS OF OTHER ACTS Australian Federal Police Act 1979
Subsection 46(5): Omit "subsections (3) and (4)", substitute "subsection (4)".
Subsection 64(1): Omit the penalty at the foot of the subsection, substitute:

"Penalty: Imprisonment for 2 years.". Crimes (Aviation) Act 1991
Subsection 3(1): After "Minister" in paragraph (d) of the definition of
"authorised person", insert "administering the Air Navigation Act 1920".
Subparagraph 15(1)(b)(ii): Omit the subparagraph, substitute:

"(ii) the Crimes Act 1900 of the Australian Capital Territory in its
application to the Jervis Bay Territory;".
Section 43: Repeal the section, substitute: Evidence of matters relating to
Conventions

"43.(1) The Minister for Foreign Affairs may give a written certificate
stating:

   (a)  that a particular Convention entered into force for a particular
        country on a particular day; or

   (b)  that a particular country has not denounced a particular Convention;
        or

   (c)  that a particular country has denounced a particular Convention and
        the denunciation took effect on a particular day.

"(2) Australia may be named in a certificate under subsection (1).

"(3) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate.

"(4) In this section:
'Convention' means the Hague Convention, the Montreal Convention, the Tokyo
Convention or the Protocol.".
Section 44: Repeal the section, substitute: Evidence relating to notices to
ICAO

"44.(1) The Minister administering the Air Navigation Act 1920 may give a
written certificate stating matters about a notice given to the International
Civil Aviation Organisation, and communicated to Australia, under:

   (a)  Article 5 of the Hague Convention; or

   (b)  Article 9 of the Montreal Convention.

"(2) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate.".
Schedule 5: Omit:

"Omit ', the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes
(Protection of Aircraft) Act 1973' from paragraph (c) of the definition,
substitute 'or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act
1991'.", substitute:

"Omit paragraph (c) of the definition, substitute the following paragraph:
'(c) acts that are offences punishable under the Crimes (Foreign
Incursions and Recruitment) Act 1978 or the Crimes (Hostages) Act 1989 or
under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991; or'.".
Crimes (Hostages) Act 1989
Section 13: Repeal the section, substitute: Evidence of certain matters

"13.(1) The Minister for Foreign Affairs may give a written certificate
stating that:

   (a)  the Convention entered into force for Australia on a particular day;
        and

   (b)  as at the date of the certificate, the Convention remains in force for
        Australia.

"(2) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate.".
Crimes (Internationally Protected Persons) Act 1976
Sections 13 and 14: Repeal the sections, substitute: Evidence of matters
relating to Convention

"13.(1) The Minister for Foreign Affairs may give a written certificate
stating:

   (a)  that the Convention entered into force for a particular country on a
        particular day; or

   (b)  that a particular country has not denounced the Convention; or

   (c)  that a particular country has denounced the Convention and the
        denunciation took effect on a particular day.

"(2) Australia may be named in a certificate under subsection (1).

"(3) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate. Certificates
by Minister for Foreign Affairs

"14.(1) The Minister for Foreign Affairs may give a written certificate
stating any matter relevant to the question whether a person is, or was at any
time or in respect of any period, an internationally protected person.

"(2) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate.".
Crimes Legislation Amendment Act 1992
Paragraph 34(b): Omit "an", substitute "the". Crimes (Overseas) Act 1964
Subparagraph (4)(c)(ii): Omit the subparagraph, substitute:

"(ii) the Crimes Act 1900 of the Australian Capital Territory in its
application to the Jervis Bay Territory; or".
Crimes (Superannuation Benefits) Act 1989
Subsection 19(5): Omit "subsections (3) and (4)", substitute "subsection (4)".
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990
Section 20: Repeal the section, substitute: Certificates by Minister for
Foreign Affairs

"20. The Minister for Foreign Affairs may give a written certificate stating
that:

   (a)  the Convention entered into force for Australia on a particular day;
        and

   (b)  as at the date of the certificate, the Convention remains in force for
        Australia.

"(2) A certificate given under subsection (1) is admissible in any proceedings
as prima facie evidence of the matters stated in the certificate.".
Customs Act 1901
Subsection 208A(2): Omit the subsection, substitute:

"(2) If a notice under paragraph (1)(b) in relation to goods is given and:

   (a)  the person to whom the notice was given does not, within 4 months
        after the service of the notice, bring an action for the recovery of
        the goods; or

   (b)  such an action that was brought within that period is discontinued or
        is dismissed for want of prosecution; the goods are taken to be
        condemned as forfeited to the Crown without any further proceedings.".
        Director of Public Prosecutions Act 1983
Subsection 6(1): After paragraph (j), insert:

"(ja) to appear in an inquiry by a magistrate held under section 37, or in a
proceeding before a magistrate under section 38 or 39, of the Crimes
(Aviation) Act 1991;".
Subsection 9(6A): After paragraph (a) of the definition of "specified
proceedings", insert:

"(aa) proceedings (including inquiries) under the Crimes (Aviation) Act
1991;".
Section 16A: After subsection (1A), insert:

"(1B) If the Director applies to the Supreme Court of a State or Territory:

   (a)  under subsection 43(1) of the Proceeds of Crime Act 1987 for a
        restraining order under that Act; or

   (b)  under subsection 57(3) of that Act for an extension of such a
        restraining order; the Court may, at any time after the making of the
        application and before the application is determined, make an order
        prohibiting or restricting the publication of all or any of the
        matters referred to in subsection 44(3), (5), (6), (7) or (7A) of that
        Act that were contained in an affidavit made in support of the
        application if it appears to the Court to be necessary to make the
        order in order to prevent prejudice to the administration of
        justice.".
Subsection 16A(2): Omit "or (1A)", substitute ", (1A) or (1B)".
Extradition Act 1988
Section 5 (definition of "political offence"):

   (a)  At the end of subparagraphs (a)(i), (ii), (iii), (iv) and (vi), add
        "or";

   (b)  At the end of paragraph (a), add the following subparagraphs:

"(vii) Article 3 of the Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation, a copy of the English text of which
is set out in Schedule 1 to the Crimes (Ships and Fixed Platforms) Act 1992;
or

   (viii) Article 2 of the Protocol for the Suppression of Unlawful Acts
        Against the Safety of Fixed Platforms Located on the Continental
        Shelf, a copy of the English text of which is set out in Schedule 2 to
        the Crimes (Ships and Fixed Platforms) Act 1992;".
        Financial Transaction Reports Act 1988
Subsection 15(9): Insert the following definition:

" 'customs officer' includes a police officer;".
Paragraph 28(1)(c): Omit "fails". Mutual Assistance in Criminal Matters Act
1987
Subsection 7(2): Omit the subsection, substitute:

"(2) The regulations may state that this Act applies in relation to a foreign
country subject to limitations, conditions, exceptions or qualifications
referred to in the regulations in accordance with subsections (2AA) and (2AB).

"(2AA) The limitations, conditions, exceptions or qualifications in relation
to a foreign country may be referred to in the regulations as being any one or
more of the following:

   (a)  the limitations, conditions, exceptions or qualifications that are
        necessary to give effect to a bilateral mutual assistance treaty in
        relation to that country a copy of which is set out in the
        regulations;

   (b)  the limitations, conditions, exceptions or qualifications that are
        necessary to give effect to a multilateral mutual assistance treaty in
        relation to that country;

   (c)  the limitations, conditions, exceptions or qualifications (other than
        limitations, conditions, exceptions or qualifications that are
        necessary to give effect to a treaty) that are set out, or identified
        in any other way, in the regulations.

"(2AB) The limitations, conditions, exceptions or qualifications that are
necessary to give effect to a treaty in relation to a foreign country may be
expressed in the form that this Act applies to that country subject to that
treaty.". Proceeds of Crime Act 1987
Subsection 4(1): Insert "of the Customs Act 1901" after "243B(4)" in paragraph
(d) of the definition of "proceeds of confiscated assets".
Subsection 23(1): After "(3)," insert "(3A),".
Paragraph 59(1)(f): After "53" insert ", 56".