Explanatory Memorandum
(Circulated by authority of the Minister for Justice, the Honourable Brendan O'Connor MP)General outline
The Bill contains amendments of the Criminal Code Act 1995 , the Crimes Act 1914 , the Privacy Act 1988 , the Australian Federal Police Act 1979 , the Director of Public Prosecutions Act 1983 , the Judiciary Act 1903 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 .
The amendments:
- •
- insert new offences in the Criminal Code directed at dealing in identification information, possessing identification information and possession of equipment to make identification documentation (new Part 9.5)
- •
- correct a drafting error in subsection 477.1(5) of the Criminal Code
- •
- repeal section 55D of the Judiciary Act 1903
- •
- include the Victorian Office of Police Integrity in the definition of 'enforcement body' in the Privacy Act 1988
- •
- allow for the delegation of both powers and functions to certain persons and to provide legal immunity to the Director or a member of staff carrying out functions and duties under the Director of Public Prosecutions Act 1983
- •
- streamline the processes for alcohol and other drug testing under the Australian Federal Police Act 1979 (AFP Act)
- •
- expand the range of conduct for which the Australian Federal Police Commissioner may make awards under the AFP Act
- •
- improve the operation of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 , and establish a more consistent approach to the restrictions placed on the disclosure of sensitive AUSTRAC information
- •
- reframe the administration of justice offences in Part III of the Crimes Act 1914 to bring them in line with the Criminal Code.
PURPOSE
The purpose of the Bill is to implement the identity crime offences recommended by the Model Criminal Law Officers' Committee, which identified deficiencies in current law applicable to identity crime. The Bill will include in the Code the three offences recommended by MCLOC, and allow for victims of identity crime to obtain a certificate which may assist in re-establishing their credit histories.
The Bill also contains a range of other amendments to clarify and improve the operation of justice legislation in the Commonwealth.
FINANCIAL IMPACT STATEMENT
The amendments in this Bill have no financial impact on Government revenue.