Explanatory Memorandum
(Circulated by authority of the Minister for Justice, the Honourable Brendan O'Connor MP)Schedule 7 - Miscellaneous
Items 1 and 2: subparagraphs 3AA(1)(d)(i) and (ii) Crimes Act 1914 and subparagraphs 4AA(1)(d)(i) and (ii) of the Australian Federal Police Act 1979
This item removes the term 'relevant criminal activity' from the definition of 'State offences with a federal aspect'. The description of State offences with a federal aspect, that was inserted in subsection 3AA(1) of the Crimes Act and subsection 4AA(1) of the Australian Federal Police Act, was modelled on section 4A of the Australian Crime Commission Act 2002 . The phrase 'relevant criminal activity' is defined in section 4 of the Australian Crime Commission Act as 'any circumstances implying, or an allegations, that a serious and organised crime may have been, may be being, or may in the future be, committed against a law of the Commonwealth, or a State or Territory'.
The reference to 'serious and organised crime' is relevant to the Australian Crime Commission's special functions in investigating such crimes. However, it is not applicable to the Australian Federal Police and, 'relevant criminal activity' is not defined in either the Australian Federal Police Act or the Crimes Act. It appears that the inclusion of 'relevant criminal activity' was an oversight when section 4A of the Australian Crime Commission Act was used as a template for the definition of State offences with a federal aspect in the Australian Federal Police Act and the Crimes Act.
Item 3: subsection 477.1(5) Criminal Code Act 1995 - unauthorised access, modification or impairment with intent to commit a serious offence
This item corrects a drafting error in subsection 477.1(5) by deleting reference to 'subsection (3)', and inserting 'subsection (4)'. Subsection 477.1(5) of the Criminal Code specifies the fault element to an offence contained in subsection 477.1(4). Subsection 477.1(4) makes it an offence to cause unauthorised access, modification or impairment of data held in a computer to facilitate the commission of a serious offence against a law of the Commonwealth.
Item 4: subsection 6(1) (after paragraph (k) of the definition of enforcement body ) of the Privacy Act 1988
This item amends the definition of 'enforcement body' in subsection 6(1) of the Privacy Act 1988 to include the Office of Police Integrity (OPI) in Victoria.
The effect of this amendment is that a private sector organisation which is subject to the Privacy Act (such as a private utility company) will be able to use or disclose personal information where it reasonably believes this is reasonably necessary for one or more of the functions or activities listed in National Privacy Principle 2.1(h) in Schedule 3 to the Privacy Act, where these are carried out by, or on behalf of, OPI.
This provides OPI with the same status that comparable law enforcement bodies have under the Privacy Act, such as the Police Integrity Commission of New South Wales and the Crime and Misconduct Commission of Queensland.