Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1991 No. 28 of 1991 - SCHEDULE 2

                         SCHEDULE 2                        Section 74

AMENDMENTS OF OTHER ACTS
PART 1
Audit Act 1901 Section 2AB:
Add at the end the following subsection:

"(5) Subsection (1) applies in relation to the Australian Federal Police as if
the reference to the Secretary were a reference to the Commissioner of Police
and a reference to a Department were a reference to the Australian Federal
Police.". After subsection 53A (2):
Insert the following subsection:

"(2A) For the purposes of subsection (1), the relevant authority in relation
to the Australian Federal Police is the Minister administering the
Australian Federal Police Act 1979.". Subsection 70AA (1) (definition of
"officer"):
Insert in paragraph (g) of the definition ", staff member" after "a member".
Subsection 70AA (1) (definition of "Permanent Head"):
Insert in paragraph (g) of the definition, ", staff member" after "a member".
Australian Antarctic Territory Act 1954 Section 4:
Insert the following definition: " 'criminal laws' means any laws (whether
written, unwritten, substantive or procedural) relating to offences, whether
indictable or not, including laws about:

   (a)  the investigation of offences; and

   (b)  the punishment of offenders, including the penalties or loss of
        benefits to which offenders are liable; and

   (c)  the forfeiture and confiscation of the proceeds of crime; and any laws
        providing for the interpretation of such laws;". Subsection 6 (1):
After "the laws" insert "(other than the criminal laws)". Subsection 6 (2):
Omit the subsection, substitute the following subsections:

"(2) Subject to this Act, the criminal laws in force from time to time in the
Jervis Bay Territory are, by virtue of this section (so far as they are
applicable to the Territory and are not inconsistent with an Ordinance) in
force in the Territory as if the Territory formed part of the Jervis Bay
Territory.

"(3) Subsection (1) does not extend to a law in force in the Australian
Capital Territory, if that law is an Act or a provision of an Act other than:

   (a)  section 6 of the Seat of Government Acceptance Act 1909; and

   (b)  sections 3, 4 and 12C of the Seat of Government (Administration) Act
        1910 and the Schedule to that Act.

"(4) Subsection (2) does not extend to a criminal law in force in the Jervis
Bay Territory if that law is an Act or a provision of an Act.". Section 7:
Repeal the section, substitute the following section: Powers and functions
under applied laws

"7. (1) Subject to subsection (2), where a power or function is vested in a
person or authority (other than a court) by a law in force in the Territory
under section 6, the power or function is, in relation to the Territory,
vested in, and may be exercised or performed by, that person or authority.

"(2) The Governor-General may direct that a power or function of the kind
mentioned in subsection (1) be vested in a different specified person or
authority and, where such a direction is in force:

   (a)  subsection (1) does not apply to the relevant power or function; and

   (b)  the power or function is vested in, and may be exercised or performed
        by, the specified person or authority.". Section 10:
Repeal the section, substitute the following section: A.C.T. courts to have
jurisdiction in the Territory

"10. (1) The courts of the Australian Capital Territory have jurisdiction in
and in relation to the Territory.

"(2) The Australian Capital Territory Supreme Court Act 1933 and the practice
and procedure of each court of the Australian Capital Territory in force from
time to time apply in the Territory as if:

   (a)  where the court is exercising its jurisdiction in relation to criminal
        laws in force in the Territory under section 6 - the Territory formed
        part of the Jervis Bay Territory; and

   (b)  in any other case - the Territory formed part of the Australian
        Capital Territory.

"(3) For the purposes of subsection (2), a reference in the Australian Capital
Territory Supreme Court Act 1933 to an Ordinance or enactment is a reference
to an Ordinance or enactment, as the case may be, in force under this Act.".
Australian Federal Police Legislation Amendment Act (No. 2) 1989 Subsection 2
(3):
Omit "1992", substitute "1991".
Canberra Water Supply (Googong Dam) Act 1974 Paragraph 23 (d):
After "a member" insert ", staff member".
Complaints (Australian Federal Police) Act 1981 Subsection 21 (1) (definition
of "enactment"):

   (a)  After paragraph (b) of the definition insert the following paragraph:
  "(ba)   an enactment of Norfolk Island, other than an enactment
relating to the powers, privileges or immunities of the Legislative Assembly
of Norfolk Island;".

   (b)  Omit "of Norfolk Island or".
Crimes (Aircraft) Act 1963 Subsection 7 (1):

   (a)  Omit "Australian Capital Territory", substitute "Jervis Bay
        Territory".

   (b)  Add at the end of paragraph (a) "or".

   (c)  Omit paragraph (c). Subsection 7 (2):
Omit "Australian Capital Territory" (wherever occurring), substitute "Jervis
Bay Territory". Section 8:
Omit "Australian Capital Territory" (wherever occurring), substitute "Jervis
Bay Territory". Section 9:

   (a)  Omit "other than a court in the Australian Capital Territory",
        substitute "other than a court of the Australian Capital Territory
        exercising its jurisdiction in or in relation to the Jervis Bay
        Territory".

   (b)  Omit "Australian Capital Territory" (second occurring), substitute
        "Jervis Bay Territory".

   (c)  Omit "in the Australian Capital Territory" (last occurring),
        substitute "of the Australian Capital Territory exercising such
        jurisdiction".
Crimes (Hijacking of Aircraft) Act 1972 Subsection 9 (1):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Subsection 9 (3):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Subsection 9 (4):
Omit "Australian Capital Territory" (wherever occurring), substitute "Jervis
Bay Territory". Subsection 9 (5):

   (a)  Omit "Australian Capital Territory" (first occurring), substitute
        "Jervis Bay Territory".

   (b)  Omit "Court in the Australian Capital Territory", substitute "court of
        the Australian Capital Territory exercising jurisdiction in or in
        relation to the Jervis Bay Territory".

   (c)  Omit "of that Territory", substitute "in force in the Jervis Bay
        Territory".
Crimes (Overseas) Act 1964 Paragraph 4 (c):

   (a)  Omit "Australian Capital Territory", substitute "Jervis Bay
        Territory".

   (b)  Omit subparagraph (iii), substitute the following subparagraph:
  "(iii)   the Police Offences Act 1930 of the Australian Capital
Territory, in its application to the Jervis Bay Territory, as amended or
affected by Ordinances from time to time in force in the Jervis Bay
Territory;". Section 5:
Omit "Australian Capital Territory" (wherever occurring), substitute "Jervis
Bay Territory".
Customs Act 1901 Subsections 243C (3) and (4):
Omit "the end of" (second occurring).
Defence Force Discipline Act 1982 Subsection 3 (1) (definition of "Territory
offence"):

   (a)  Omit from paragraph (a) of the definition "Australian Capital
        Territory", substitute "Jervis Bay Territory".

   (b)  Omit from paragraph (b) of the definition "Australian Capital
        Territory", substitute "Jervis Bay Territory".

   (c)  Omit paragraph (c) of the definition and all the words following that
        paragraph, substitute the following paragraph:
  "(c)   an offence against the Police Offences Act 1930 of the
Australian Capital Territory, in its application to the Jervis Bay Territory,
as amended or affected by Ordinances from time to time in force in the Jervis
Bay Territory". Paragraph 12 (3) (d):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Subsection 61 (1):
Omit "Australian Capital Territory" (wherever occurring), substitute "Jervis
Bay Territory". Subparagraph 63 (1) (a) (ii):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Subsection 72 (1):
Omit the subsection, substitute the following subsection:

"(1) Sections 16, 19A to 19azd (other than section 19ah), 20, 20A and 20aa
apply to a service tribunal that imposes a punishment of imprisonment for a
specific period on a convicted person as if:

   (a)  the service tribunal were a court exercising jurisdiction in or in
        relation to the Jervis Bay Territory; and

   (b)  the person were convicted in that Territory.". Subsection 96 (4):
Omit "civil court in the Australian Capital Territory", substitute "court
exercising jurisdiction in or in relation to the Jervis Bay Territory".
Subsection 134 (1):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Subsection 134 (2):
Omit "Australian Capital Territory", substitute "Jervis Bay Territory".
Paragraph 142 (1) (d):
Omit "in the Australian Capital Territory", substitute "exercising
jurisdiction in or in relation to the Jervis Bay Territory". Subsection 146
(1):
Omit the subsection, substitute the following subsection:

"(1) Subject to regulations in force under subsection (2), the rules of
evidence in force in the Jervis Bay Territory apply to proceedings before a
service tribunal as if:

   (a)  the tribunal were a court exercising jurisdiction in or in relation to
        that Territory; and

   (b)  the proceedings were criminal proceedings in such a court.".
Evidence Act 1905 Paragraph 7J (4) (b):
After "sergeant" insert ", a staff member of the Australian Federal Police
whose salary is at least equal to that of a sergeant in the Australian Federal
Police,".
Heard Island and McDonald Islands Act 1953 Section 2:
Insert the following definition: " 'criminal laws' means any laws (whether
written, unwritten, substantive or procedural) relating to offences, whether
indictable or not, including laws about:

   (a)  the investigation of offences; and

   (b)  the punishment of offenders, including the penalties or loss of
        benefits to which offenders are liable; and

   (c)  the forfeiture and confiscation of the proceeds of crime; and any laws
        providing for the interpretation of such laws;". Subsection 5 (1):

   (a)  After "the laws" insert "(other than the criminal laws)".

   (b)  After "to the Territory" insert "and not inconsistent with an
        Ordinance". Subsection 5 (2):
Omit the subsection, substitute the following subsections:

"(2) Subject to this Act, the criminal laws in force from time to time in the
Jervis Bay Territory are, by virtue of this section (so far as they are
applicable to the Territory and are not inconsistent with an Ordinance) in
force in the Territory as if the Territory formed part of the Jervis Bay
Territory.".

"(3) Subsection (1) does not extend to a law in force in the Australian
Capital Territory, if that law is an Act or a provision of an Act other than:

   (a)  section 6 of the Seat of Government Acceptance Act 1909; and

   (b)  sections 3, 4 and 12C of the Seat of Government (Administration) Act
        1910 and the Schedule to that Act.

"(4) Subsection (2) does not extend to a criminal law in force in the Jervis
Bay Territory if that law is an Act or a provision of an Act.". Section 6:
Repeal the section, substitute the following section: Powers and functions
under applied laws

"6. (1) Subject to subsection (2), where a power or function is vested in a
person or authority (other than a court) by a law in force in the Territory
under section 5, the power or function is, in relation to the Territory,
vested in, and may be exercised or performed by, that person or authority.

"(2) The Governor-General may direct that a power or function of the kind
mentioned in subsection (1) be vested in a different specified person or
authority and, where such a direction is in force:

   (a)  subsection (1) does not apply to the relevant power or function; and

   (b)  the power or function is vested in, and may be exercised or performed
        by, the specified person or authority.". Section 9:
Repeal the section, substitute the following section: A.C.T. courts to have
jurisdiction in the Territory

"9. (1) The courts of the Australian Capital Territory have jurisdiction in
and in relation to the Territory.

"(2) The Australian Capital Territory Supreme Court Act 1933 and the practice
and procedure of each court of the Australian Capital Territory in force from
time to time apply in the Territory as if:

   (a)  where the relevant court is exercising its jurisdiction in relation to
        criminal laws in force in the Territory under section 5 - the
        Territory formed part of the Jervis Bay Territory; and

   (b)  in any other case - the Territory formed part of the Australian
        Capital Territory.

"(3) For the purposes of subsection (2), a reference in the Australian Capital
Territory Supreme Court Act 1933 to an Ordinance or enactment is a reference
to an Ordinance or enactment, as the case may be, in force under this Act.".
Jervis Bay Territory Acceptance Act 1915 Subsection 4D (1):

   (a)  Omit "The Supreme Court", substitute "Each court".

   (b)  Omit "that court", substitute "each such court".
National Crime Authority Act 1984 Subsection 12 (1):
Omit the subsection, substitute the following subsections:

"(1) Where, in carrying out an investigation under paragraph 11 (1) (b) or
subsection 11 (2), the Authority obtains evidence of an offence against a law
of the Commonwealth or of a State or Territory, being evidence that would be
admissible in a prosecution for the offence, the Authority must assemble the
evidence and give it to:

   (a)  the Attorney-General of the Commonwealth or the State, as the case
        requires; or

   (b)  the relevant law enforcement agency; or

   (c)  any person or authority (other than a law enforcement agency) who is
        authorised by or under a law of the Commonwealth or of the State or
        Territory to prosecute the offence.

"(1A) Where any evidence is obtained of an offence against a law of the
Commonwealth or of a State or Territory, being evidence that:

   (a)  is obtained in the course of investigations co-ordinated by the
        Authority under paragraph 11 (1) (d); and

   (b)  would be admissible in a prosecution for the offence; the Authority
        must do its best to ensure that the evidence is assembled and given
        to:

   (c)  the Attorney-General of the Commonwealth or the State, as the case
        requires; or

   (d)  the relevant law enforcement agency; or

   (e)  any person or authority (other than a law enforcement agency) who is
        authorised by or under a law of the Commonwealth or of the State or
        Territory to prosecute the offence.".
Privacy Act 1988 Subsection 6 (1) (definition of "Commonwealth officer"):
Insert in paragraph (d) of the definition ", staff member" after "a member".
Paragraph 8 (1) (c):
After "a member" (wherever occurring) insert ", staff member". Paragraph 9 (2)
(b):
After "a member" (wherever occurring) insert ", staff member". Paragraph 10
(2) (b):
After "a member" (wherever occurring) insert ", staff member". Paragraph 11
(2) (c):
After "a member" (wherever occurring) insert ", staff member".
Radiocommunications Act 1983 Subsection 3 (1) (definition of "Commonwealth
officer"):
Omit paragraph (d) of the definition, substitute the following paragraph:
  "(d)   a member or staff member of the Australian Federal Police,
or a member of the police force of a Territory;".
PART 2
Crimes Legislation Amendment Act 1989 Section 15:
Add at the end "(first occurring)".
PART 3
Intelligence and Security (Consequential Amendments) Act 1986 Section 25:
Omit "authorised in the interests of security or in connection with inquiries
relating", substitute "authorized in the interests of security or in
connection with inquiries related".