Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)PART 2 - CONSEQUENTIAL AMENDMENTS
Agricultural and Veterinary Chemicals (Administration) Act 1992
Item 8
1717. Section 69F of the Agricultural and Veterinary Chemicals (Administration) Act 1992 deals with the appointment of inspectors, and persons authorised to exercise the powers and perform the functions of inspectors, for purposes of a relevant law under the Act. Subsection 69F(3) provides that an inspector is a Commonwealth officer for the purposes of section 70 of the Crimes Act. Section 70 is being repealed by Item 5 of Schedule 2 and replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1718. Item 8 repeals the reference to section 70 from section 69F and replaces it with a reference to new Part 5.6 of the Criminal Code (to be inserted by Item 6 of Schedule 2). This ensures that inspectors under the Agricultural and Veterinary Chemicals (Administration) Act 1992 are considered to be Commonwealth officers for the purposes of the new secrecy offences.
Archives Act 1989
Item 9
1719. Section 30A(1) of the Archives Act 1989 imposes a duty on Archives officers not to divulge or communicate any Census information to another person, except to another Archives officer for the purposes of, or in connection with, the performance of that other officer's duties arising under the Act. The note to subsection 30A(1) refers to section 70 of the Crimes Act, which is being repealed by Item 5 of Schedule 2.
1720. The new section 122.4 (to be inserted by Item 6 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1721. Item 9 amends the Note to section 30A(1) to remove the reference to section 70 of the Crimes Act and substitute it with a reference to the new section 122.4 of the Criminal Code.
Australian Citizenship Act 2007
Item 10
1722. Paragraph (a) of the definition of 'national security offence' in section 3 of the Australian Citizenship Act 2007 refers to offences against Part VII of the Crimes Act. Part VII of the Crimes Act will be repealed by Item 5 of Schedule 2 and replaced with new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1723. Item 10 amends the definition of national security offence in section 3 to repeal the existing reference to Part VII.
Australian Crime Commission Act 2002
Item 12
1724. Schedule 1 (entry relating to the Australian Intelligence Organisation Act 1979) of the Australian Crime Commission Act 2002 refers to 'Crimes Act 1914, section 85B'. Section 85B, which relates to hearings in camera, is being repealed by Item 5 of Schedule 2.
1725. Item 12 repeals the words 'Crimes Act 1914, section 85B' from Schedule 1.
Australian Federal Police Act 1979
Items 13 and 14
1726. Subparagraph (a)(i) of the definition of 'protective service offence' in subsection 4(1) of the Australian Federal Police Act 1979 refers to an offence under section 79 of the Crimes Act. Section 79 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1727. Items 13 and 14 amend the definition of protective service offence in subsection 4(1) to repeal the existing reference to section 79 and insert a reference to Part 5.6 of the Criminal Code.
Chemical Weapons (Prohibition) Act 1994
Item 15
1728. Section 102 of the Chemical Weapons (Prohibition) Act 1994 creates a number of non-disclosure duties that apply to an 'eligible person', which is defined in subsection 102(1) to include a person who is or has been a Commonwealth officer. Subsection 102(5) provides that a 'Commonwealth officer has the same meaning as in section 70 of the Crimes Act 1914'.
1729. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code. A new definition of 'Commonwealth officer' will be created in section 121.1, to be inserted by Item 6 of Schedule 2.
1730. Item 15 will amend subsection 102(5) to repeal the reference to section 70 of the Crimes Act and substitute the new definition of 'Commonwealth officer' in section 121.1 of the Criminal Code.
Comprehensive Nuclear-Test-Ban Treaty Act 1998
Item 16
1731. Section 74 of the Comprehensive Nuclear-Test-Ban Treaty Act 1998 creates a number of non-disclosure duties that apply to persons specified in subsection 74(1), which includes a person who is or has been a Commonwealth officer (within the meaning of section 70 of the Crimes Act) (see paragraph 71(4)(e)).
1732. Section 70 of the Crimes Act will be repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1733. Item 16 will amend paragraph 71(4)(e) to repeal the reference to section 70 and substitute the new definition of 'Commonwealth officer' that will be created by section 121.1 of the Bill.
Defence Home Ownership Assistance Scheme Act 2008
Item 17
1734. Subsection 81(5) of the Defence Home Ownership Assistance Scheme Act 2008 provides that employees of the authorised Commonwealth contractor exercising functions and powers delegated under the Act are to be prohibited from unauthorised disclosure of information in the same way as Commonwealth officers are prohibited from the unauthorised disclosure of official information under section 70 of the Crimes Act. Section 70 of the Crimes Act will be repealed by Schedule 2 of the Bill and replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1735. Item 17 repeals subsection 81(5). The new definition of 'Commonwealth officer' in section 121.1 (to be inserted by Item 6 of Schedule 2) will apply to persons acting under the Defence Home Ownership Assistance Scheme Act 2008.
Freedom of Information Act 1982
Item 18
1736. Subsection 78(2) of the Freedom of Information Act 1982 requires approval to be sought before an authorised person can enter or carry on an investigation at a place referred to in paragraph 80(c) of the Crimes Act (see paragraph 78(1)(a)).
1737. Declarations were made by the Governor-General under section 80(c) between 1959 and 1986. The declarations, which mainly relate to Defence premises, are archaic and have not been updated or used for many years. Section 80 of the Crimes Act is being repealed by Schedule 2 of the Bill.
1738. Item 18 will repeal paragraph 78(1)(a) to remove the reference to paragraph 80(c) of the Crimes Act.
Law Enforcement Integrity Commissioner Act 2006
Item 19
1739. Subsection 105(3) of the Law Enforcement Integrity Commissioner Act 2006 requires approval to be sought before the Law Enforcement Integrity Commissioner can enter or carry on an investigation at a place referred to in paragraph 80(c) of the Crimes Act. Section 80 of the Crimes Act is being repealed by Schedule 2 of the Bill.
1740. Declarations were made by the Governor-General under section 80(c) between 1959 and 1986. The declarations, which mainly relate to Defence premises, are archaic and have not been updated or used for many years. Section 80 of the Crimes Act is being repealed by Schedule 2 of the Bill.
1741. Item 19 will repeal subsection 105(3) to remove the reference to paragraph 80(c) of the Crimes Act.
Liquid Fuel Emergency Act 1984
Item 20
1742. Section 29 of the Liquid Fuel Emergency Act 1984 provides for the appointment of authorised persons for the purposes of the Act. Subsection 29(3) provides that authorised persons are taken to be Commonwealth officers within the meaning of Part VI of the Crimes Act.
1743. Part VI of the Crimes Act is being repealed by Item 5 of Schedule 2.
1744. Item 20 repeals subsection 29(3). The new definition of 'Commonwealth officer' in section 121.1 (to be inserted by Item 6 of Schedule 2) will apply to persons appointed under the Liquid Fuel Emergency Act 1984.
Migration Act 1958
Item 21
1745. Subsection 503(9) of the Migration Act protects information supplied by law enforcement agencies or intelligence agencies. Section 503 refers to the definition of 'Commonwealth officer' in section 70 of the Crimes Act, which will be repealed by Item 5 of Schedule 2 of the Bill.
1746. Item 21 amends subsection 503(9) to repeal the reference to section70 and substitute the new definition of 'Commonwealth officer' in section 121.1 of the Criminal Code.
National Greenhouse and Energy Reporting Act 2007
Item 22
1747. Under subsection 23(1) of the National Greenhouse and Energy Reporting Act 2007 it is an offence for a person to disclose information in contravention of section 23(1). The Note to subsection 23(1) clarifies that the same conduct may be an offence against both subsection 23(1) and section 70 of the Crimes Act 1914.
1748. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1749. New section 122.4 (to be inserted by Item 6 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1750. Item 22 amends the Note to section 23(1) to remove the reference to section 70 of the Crimes Act and substitute it with a reference to the new section 122.4 of the Criminal Code.
Item 23
1751. Section 57 of the National Greenhouse and Energy Reporting Act 2007 deals with the appointment of an authorised officer under the Act. Section 57(2) provides that in exercising powers or performing functions as an authorised officer, an authorised officer must comply with any directions of the Regulator. The Note to subsection 57(2) refers to section 70 of the Crimes Act 1914.
1752. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1753. New section 122.4 (to be inserted by item 8 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1754. Item 23 amends the Note to section 57(2) to remove the reference to section 70 of the Crimes Act and substitute it with a reference to the new section 122.4 of the Criminal Code.
Native Title Act 1993
Item 24
1755. Section 203DF of the Native Title Act 1993 provides for the appointment of a person to perform inspections and audits or undertake investigations under the Act, as specified in subsection 203DF(1). Subsection 203DF(8) clarifies that, to avoid doubt, a person appointed under subsection 203DF(1) is taken to be a 'Commonwealth officer', for the purposes of section 70 of the Crimes Act.
1756. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1757. The new section 122.4 (to be inserted by Item 6 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1758. Item 24 repeals subsection 2203DF(8). The new definition of 'Commonwealth officer' in section 121.1 (to be inserted by Item 6 of Schedule 2) will apply to persons appointed under the Native Title Act 1993.
Offshore Minerals Act 1994
Item 25
1759. Subsection 405 of the Offshore Minerals Act 1994 sets out the general regime for criminal offences under the Act. Subsection 405(2) specifies that Crimes Act and the Criminal Code contain provisions that are relevant to the operation of the Act and Note 3 to subsection 405(2) contains a reference to the general offence of unauthorised disclosure under section 70 of the Crimes Act.
1760. Section 70 of the Crimes Act will be repealed by Item 5 of Schedule 2 and replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1761. Item 25 amends the note to subsection 405(2) to remove the existing reference to section 70 of the Crimes Act and substitute it with a reference to the new secrecy offences in Part 5.6 of the Criminal Code.
Ombudsman Act 1976
Item 26
1762. Paragraph 14(2)(a) of the Ombudsman Act 1976 deals with powers under the Act to enter premises in order to undertake investigations. Subparagraph 14(2)(a)(i) requires the Ombudsman to seek approval before entering or carrying on an investigation at a 'prohibited place' referred to under paragraph 80(c) of the Crimes Act. Section 80 of the Crimes Act is being repealed by Schedule 2 of the Bill.
1763. Declarations were made by the Governor-General under section 80(c) between 1959 and 1986. The declarations, which mainly relate to Defence premises, are archaic and have not been updated or used for many years. Section 80 of the Crimes Act is being repealed by Schedule 2 of the Bill.
1764. Item 26 repeals subparagraph 14(2)(a)(i) to remove the reference to paragraph 80(c) of the Crimes Act.
Parliamentary Service Act 1999
Items 27 and 28
1765. Subsections 65AA(2) and 65AB(2) of the Parliamentary Service Act 1999 prohibits the unauthorised disclosure or other use of protected information by a person who is an entrusted person under the Act. Protected information and entrusted person are defined in subsections 65AA(1) and 65AB(1). Both subsections 65AA(2) and 65AB(2) contain Notes referring to the secrecy offence at section 70 of the Crimes Act.
1766. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1767. New section 122.4 (to be inserted by Item 6 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1768. Items 27 and 28 will amend the Notes to subsections 64AA(2) and 65AB(2) to remove the existing references to section 70 of the Crimes Act and substitute references to new section 122.4 of the Criminal Code.
Public Service Act 1999
Items 29 and 30
1769. Subsections 72A(2) and 72B(2) of the Public Service Act 1999 prohibit the unauthorised disclosure or other use of protected information by a person who is an entrusted person under the Act. 'Protected information' and 'entrusted person' are defined in subsections 72A(1) and 72B(1). Both subsections 72A(2) and 72B(2) contain Notes referring to the secrecy offence at section 70 of the Crimes Act.
1770. Section 70 of the Crimes Act is being repealed by Item 5 of Schedule 2 and will be replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1771. The new section 122.4 (to be inserted by item 8 of Schedule 2) creates an offence, based on the existing section 70, that applies where a person communicates information that is made or obtained by reason of him or her being, or having been, a commonwealth officer or otherwise engaged in work for the Commonwealth, and where the person is under a duty, arising under a law of the Commonwealth, not to disclose the information.
1772. Item 29 and 30 will amend subsections 72A(2) and 72B(2) to remove references to section 70 of the Crimes Act and replace them with a references to the new section 122.4 of the Criminal Code.
Renewable Energy (Electricity) Act 2000
Item 31
1773. Section 156 of the Renewable Energy (Electricity) Act 2000 provides the Clean Energy Regulator with the power to delegate functions and powers under the Act. Subsection 156(4) provides that for the purposes of the definition of Commonwealth officer in section 70 of the Crimes Act, a person who performs functions, or exercises powers, under a delegation under section 154 is taken to be a person who performs services for the Commonwealth.
1774. Section 70 of the Crimes Act will be repealed by Item 5 of Schedule 2 of the Bill and replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1775. Item 31 will amend subsection 156(4) to repeal the reference to section 70 and substitute the new definition of 'Commonwealth officer' that will be created by section 121.1 of the Bill.
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999
Items 32, 33 and 34
1776. Subsections 37R(6), 37ZZA(6) and 52(5) of the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 all refer to the definition of 'Commonwealth officer' in section 70 of the Crimes Act in relation to persons authorised to perform functions, or exercise powers under each of the respective subsections of the Act.
1777. Section 70 of the Crimes Act will be repealed by Item 5 of Schedule 2 of the Bill and replaced by new secrecy provisions to be included in Part 5.6 of the Criminal Code.
1778. Items 32, 33 and 34 will amend subsections 37R(6), 37ZZA(6) and 52(5) of the Textile, Clothing and Footwear Investment and Innovation Programs Act repeal the reference to section 70 and substitute the new definition of 'Commonwealth officer' that will be created by section 121.1 of the Bill.