Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Daryl Williams AM QC MP)Notes on clauses
Clause 1 Short Title
This is a formal clause which provides for the citation of the Act.
Clause 2 Commencement
This clause establishes when each measure in the Bill will commence. The commencement details are set out in a table. Most provisions will take effect on the Bill receiving Royal Assent. Those that do not are discussed below.
Schedule 1, Items 7B to 7F would amend the forensic procedures regime in the Crimes Act, and would clarify and expand the provisions enabling the Minister to enter into arrangements with participating jurisdictions to share DNA information. The commencement table prescribes that the amendments will commence on 1 March 2003. This will result in the amendments having some retrospective application; however, this application will not impose any criminal liability, or remove any existing rights or privileges. The provisions are to commence on 1 March 2003 to enable participating jurisdictions to prepare relevant arrangements on the basis of the proposed amendments as soon as possible.
Schedule 1, Items 8 and 9 correct grammatical errors made in previous amendments, and are taken to have commenced on the same date as the original amendments. The backdating of these amendments is reasonable because they relate to drafting corrections. They are therefore within the scope of what the Parliament has accepted is appropriate on previous occasions.
Schedule 2, Items 1, 1AA, 5, 6, 14 and 17 correct misdescribed amendments and are taken to have commenced on the same date as the original amendments. The backdating of these amendments is reasonable because they relate to drafting corrections. They are therefore within the scope of what the Parliament has accepted is appropriate on previous occasions.
Schedule 2, Items 1B to 1F (inclusive) are consequential amendments flowing from the creation of the Australian Crime Commission as a replacement for the National Crime Authority, the Office of Strategic Crime Assessments and the Australian Bureau of Criminal Intelligence. The commencement table provides for those amendments to apply from 1 January 2003, which is the date on which the Australian Crime Commission commenced. This will ensure an effective transition from the NCA to the ACC. The amendments do not make any substantive changes to the effect of the primary provisions.
Schedule 2, Items 16A to 16E would amend the Proceeds of Crime Act 2002 (POC Act) to put beyond doubt that the Official Trustee has the necessary power of sale to enable him to comply with obligations he or she already has under other sections of the Act. The commencement table provides for the amendments to apply from 1 January 2003, which is the commencement date of the POC Act. The amendments do not impose further obligations on persons whose assets are restrained under the POC Act, but ensure that the Official Trustee can reimburse legal aid commissions for legal assistance provided by the commission. In those circumstances, it is appropriate that the provisions be backdated.
Schedule 2, Items 18 to 22 amend the Service and Execution of Process Act 1992 and are taken to commence on a single day fixed by proclamation, subject to subsection 2(3). Subsection 2(3) provides that where these amendments do not commence within a period of 6 months beginning on the day on which the Act receives Royal Assent, it commences on the first day after the end of that period.
Schedule 3, Items 5, 6, 15 to 35 and 41 correct misdescriptions of Part numbering in the Crimes Act, and are taken to have commenced on the same date as the original amendments. The backdating of these amendments is reasonable because they relate to drafting corrections. They are therefore within the scope of what the Parliament has accepted is appropriate on previous occasions.
Clause 3 Schedules
This clause explains that the Items set out in the Schedules amend the Acts specified and that the other Items in the Schedules have effect according to their terms.