House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)

Outline and financial impact

Outline

The purpose of this Bill is to amend the Crimes Act 1914 to enable Commonwealth participating agencies to request assumed identity documents from State and Territory issuing agencies in accordance with legislation in force in those jurisdictions.

Financial impact statement

There are no direct financial impacts from these amendments.

Notes on clauses

Clause 1: Short title

The short title of this Act is the Crimes Amendment Act 2005.

Clause 2: Commencement

This clause provides this Act commences on Royal Assent.

Clause 3: Schedule(s)

This clause provides that each Act that is specified in a Schedule is amended or repealed as set out in that Schedule.

Schedule 1 - Amendment of the Crimes Act 1914

Under a Commonwealth authorisation (section 15XG of the Crimes Act 1914) Commonwealth participating agencies (defined in section 15XA of the Crimes Act) can request assumed identity documents from Commonwealth issuing agencies (also defined in section 15XA of the Crimes Act). This schedule will amend the Crimes Act to enable Commonwealth participating agencies under a Commonwealth authorisation to make requests for assumed identity documents from State and Territory issuing agencies in accordance with State and Territory legislation.

Item 1

This Item will amend the definition of 'issuing agency' set out in subsection 15XA(1) of the Crimes Act by adding a reference to a State agency or a Territory agency. The amendment ensures that requests to issue assumed identity documents can be made to an issuing agency of a State or a Territory.

Items 2 and 3

These Items insert definitions for 'State agency" and 'Territory agency' into subsection 15XA(1) of the Crimes Act.

Item 4

This item amends paragraph 15XG(1)(a) of the Crimes Act to add a reference to State and Territory agencies. The effect of the amendment is to allow an authorising person of a Commonwealth participating agency to authorise a person to acquire evidence of an assumed identity from a State agency or a Territory agency and to use that identity.

Item 5

This item amends paragraph 15XG(3)(a) of the Crimes Act to add a reference to State and Territory agencies. The effect of the amendment is to allow an authorising person of a Commonwealth participating agency to authorise a foreign officer (defined in section 15XA of the Crimes Act) to acquire evidence of an assumed identity from a State agency or a Territory agency and to use that identity.

Item 6

This Item makes a consequential amendment to paragraph 15XI(2)(f) of the Crimes Act to provide that an authorisation to acquire evidence of, and use, an assumed identity must specify all State agencies and Territory agencies that are to be requested to issue evidence of the assumed identity. The amendment is consequential on making State agencies and Territory agencies 'issuing agencies' for the purpose of the assumed identity provisions in the Crimes Act.

Item 7

This Item adds a new section 15XMA to the Crimes Act. This provision will require that when a State or a Territory agency receives a request to provide evidence of an assumed identity from a Commonwealth participating agency, the State or Territory agency must comply with the request only to the extent that the law of the particular State or Territory requires it to do so. This provision gives mutual recognition to the law of the State or Territory by allowing Commonwealth participating authorities to access the regimes created by the State or Territory but only to the extent that the law of that State or Territory allows.