Explanatory Memorandum
(Circulated by authority of the Minister for Justice, the Hon Michael Keenan MP)Schedule 2 - Amendment of other Acts
GENERAL OUTLINE
177. The purpose of Schedule 2 is to make necessary consequential amendments to other Commonwealth legislation to reflect the merged agency arrangements (Part 1) and to set out transitional arrangements (Part 2)
Part 1 - Amendments
Crimes Act 1914
Item 1 - Subsection 23YUD (1A)
178. This item substitutes reference to 'CrimTrac' in subsection 23YUD(1A) of the Crimes Act with reference to 'the ACC'.
179. This will allow the ACC to enter into an arrangement (as CrimTrac can currently) with a participating jurisdiction relating to the:
- a.
- transmission of information to or from the Commonwealth DNA database system, or any State/Territory DNA database system; or
- b.
- keeping, and otherwise managing, such information; or
- c.
- subject to subsection (1B), using such information.
Item 2 - Subsection 23YUD(1AA)
180. This item substitutes reference to 'CrimTrac'(wherever occurring) in subsection 23YUD(1AA) of the Crimes Act with reference to 'the ACC'.
181. This will enable an agreement entered into under section 23YUD(1A) to deal with the ACC:
- a.
- comparing information transmitted in accordance with that arrangement with other information on NCIDD, and
- b.
- identifying matches that are found because of such comparisons, and
- c.
- transmitting information arising from such matches to that participating jurisdiction.
Item 3 - Subsection 23YUD(3) (definition of CrimTrac)
182. This item repeals the definition of 'CrimTrac' from subsection 23YUD(3), as this definition is no longer required.
Item 4 - Section 85ZL (paragraph (e) of the definition of law enforcement agency)
183. This item removes reference to 'the CrimTrac Agency' from the definition of 'law enforcement agency' in section 85ZL of the Crimes Act, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Law Enforcement Integrity Commissioner Act 2006
Item 5 - subsection 5(1) (paragraph (bc) of the definition of head)
184. This item repeals reference to the chief executive officer of the CrimTrac Agency from the definition of 'head' of a law enforcement agency, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Item 6 - subsection 5(1) (paragraph (bc) of the definition of law enforcement agency)
185. This item repeals reference to the CrimTrac Agency from the definition of law enforcement agency, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Item 7 - subsection 10(2D)
186. Subsection 10(2D) of the Law Enforcement Integrity Commissioner Act sets out who is considered 'staff members' of CrimTrac for the purposes of the Act.
187. This item repeals that subsection, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Item 8 - paragraph 10(5)(bc)
188. Paragraph 10(5)(bc) of the Law Enforcement Integrity Commissioner Act sets out who is considered 'secondees' of CrimTrac for the purpose of the Act.
189. This item repeals that paragraph, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Privacy Act 1988
Item 9 - subsection 6(1) (paragraph (ba) of the definition of enforcement body)
190. This item repeals reference to the CrimTrac Agency from the definition of 'enforcement body' in the Privacy Act, as CrimTrac will no longer exist as an independent agency. All of its functions will be absorbed by the ACC through Schedule 1 of this Bill.
Part 2 - Transitional provisions
Item 10 - Arrangement in relation to database information
191. This item provides that an arrangement under subsection 23YUD(1A) of the Crimes Act 1914 between CrimTrac and a participating jurisdiction that is in effect immediately before the commencement of Schedule 2 of this bill is taken to be an arrangement between the ACC and the participating jurisdiction after this bill commences.
192. This will enable the ACC to continue to run CrimTrac's DNA database system and provide services relating to that system (under Commonwealth law), without having to enter into new arrangements with participating jurisdictions following the commencement of this bill.
Item 11 - Law enforcement integrity
193. Clause 1 of this item provides that the Law Enforcement Integrity Commissioner Act 2006, as in force immediately before the commencement of this Schedule, continues to apply in relation to conduct engaged in before that commencement by a staff member of the CrimTrac Agency.
194. Clause 2 clarifies that if any process in relation to such conduct may have begun, but not concluded, under the Law Enforcement Integrity Commissioner Act before the commencement of this bill, that process may be completed after commencement.
195. Clause 3 provides that for the purposes of the continued application of the Act to that conduct, the ACC is taken to be the law enforcement agency concerned and the ACC CEO taken to be the head of that agency.
196. These transitional provisions will ensure that the Integrity Commissioner retains the ability to deal with allegations of corrupt conduct by former CrimTrac staff following the commencement of this bill. This is important, as allegations of corrupt conduct can sometimes come to light some time after the actual conduct has occurred. The provisions will also ensure that any processes that may currently be underway in relation to CrimTrac staff under the Law Enforcement Integrity Commissioner Act may continue following the commencement of this bill.