Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026

(70 of 2026)

An Act to amend legislation relating to the criminal law, law enforcement and telecommunications, and for other purposes

[Assented to 26 August 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Crimes and Other Legislation Amendment (Omnibus No. 1)Act2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Review of amendments made by Schedule 4

 

(1) The Senate Legal and Constitutional Affairs Legislation Committee, or such other committee constituted under a resolution of the Senate, must:

(a) begin an inquiry into the operation of the amendments made by Schedule 4 to this Act, and any other related matters, before the end of the period of 2 years beginning on the day the Schedule commences; and

(b) report the Committee's recommendations to the Senate as soon as practicable after completing the inquiry.

      

(2) Without limiting subsection (1), the inquiry must consider any unintended consequences of the amendments made by Schedule 4.

Schedule 1   Police powers and warrants

Part 1   Sydney West Airport

Crimes Act 1914

1   After paragraph 3UM(1)(k)

Insert:

(ka) Sydney West Airport;

2   At theend of section 3UM

Add:

(3) For the purposes of this Division, Sydney West Airport is taken to be an airport at a particular time even if, at that time, it is:

(a) merely intended to be developed for use as an airport; or

(b) being developed for use as an airport.

Part 2   Search warrant applications

Crimes Act 1914

3   At the end of subsection 3E(3)

Add:

Note: For applying for a search warrant, see section 3QA.

4   At the end of subsection 3E(4)

Add:

Note: For applying for a search warrant, see section 3QA.

5   Subsection 3E(9)

Omit "(other than subsection (5A))".

6   At the end of paragraph 3E(9)(b)

Add ", and subsection (5A) has no effect".

7   At the end of subsection 3LA(1)

Add:

Note: For applying for an order, see section 3QA.

8   After Section 3Q

Insert:

3QA Applying for a search warrant or an order for assistance

(1) An application for the issue of a warrant under subsection 3E(1) or (2), or for an order under subsection 3LA(1), must be in writing and may be made:

(a) in person; or

(b) by electronic means.

(2) The issuing officer may:

(a) require further communication either in person, or by electronic means, to the extent that it is practicable in the circumstances; and

(b) make a recording of the whole or any part of any such communication.

9   Section 3R (heading)

Repeal the heading, substitute:

3R Applying for a search warrant in urgent circumstances etc.

10   Paragraph 3R(1)(b)

Omit "in person", substitute "under section 3QA".

11   Subsection 3R(3)

Omit "ordinary application", substitute "application under section 3QA".

12   Paragraph 3R(4)(b)

Omit "in person", substitute "under section 3QA".

Part 3   Account takeover warrants, data disruption warrants and network activity warrants

Division 1   Account takeover warrants

Crimes Act 1914

13   Section 3ZZUMA

Omit "ceases to have effect 5 years after it commences", substitute "is repealed at the end of 4 September 2029".

14   Section 3ZZUWA

Omit "ceases to have effect 5 years after it commences", substitute "is repealed at the end of 4 September 2029".

Division 2 - Application, transitional and saving provisions relating to account takeover warrants

Division 2   Application, transitional and saving provisions relating to account takeover warrants

15   Definitions

In this Division:

appropriate authorising officer has the meaning given by section 3ZZUM of the Crimes Act 1914.

protected information has the meaning given by section 3ZZUK of the Crimes Act 1914.

sunsetting time means the end of 4 September 2029.

16   Account takeover warrants

Warrants in force

(1) An account takeover warrant that is:

(a) issued under subsection 3ZZUP(1), or paragraph 3ZZVC(2)(a) or (3)(b), of the Crimes Act 1914; and

(b) in force immediately before the sunsetting time;

ceases to be in force at that time.

Pending applications

(2) An application made before the sunsetting time under subsection 3ZZUN(1) of the Crimes Act 1914 for an account takeover warrant, in relation to which a magistrate has not made a decision under subsection 3ZZUP(1) of that Act before that time, is taken, on and after that time, never to have been made.

(3) An application made before the sunsetting time under subsection 3ZZUS(1) of the Crimes Act 1914 for an extension or variation of an account takeover warrant, in relation to which a magistrate has not made a decision under subsection 3ZZUS(3) of that Act before that time, is taken, on and after that time, never to have been made.

Emergency authorisations

(4) An emergency authorisation that relates to an online account that:

(a) has been given under subsection 3ZZUX(3) or subsection 3ZZVC(1) of the Crimes Act 1914; and

(b) is in force immediately before the sunsetting time;

ceases to be in force at that time.

(5) An application made before the sunsetting time under subsection 3ZZUX(1) of the Crimes Act 1914 for an emergency authorisation for taking control of an online account, in relation to which an appropriate authorising officer has not made a decision under subsection 3ZZUX(3) of that Act before that time, is taken, on and after that time, never to have been made.

(6) An application made before the sunsetting time under subsection 3ZZVA(1) of the Crimes Act 1914 for an approval of the giving of an emergency authorisation by an appropriate authorising officer, in relation to which a magistrate has not made a decision under subsection 3ZZVC(1) of that Act before that time, is taken, on and after that time, never to have been made.

Concealment of access

(7) Subsections 3ZZUR(6) to (8) of the Crimes Act 1914, as in force immediately before the sunsetting time, continue to apply on and after that time in relation to an account takeover warrant that was issued under subsection 3ZZUP(1), or paragraph 3ZZVC(2)(a) or (3)(b), of that Act before that time.

(8) To avoid doubt, subitem (7) applies regardless of whether subitem (1) applies to the warrant.

17   Protected information

To avoid doubt, the definition of protected information in section 3ZZUK of the Crimes Act 1914, andDivision 5 of Part 1AAC of that Act, continue to apply after the sunsetting time in relation to information obtained before that time in accordance with the following provisions of the Crimes Act 1914 as in force before that time:

(a) Division 2 of Part 1AAC;

(b) Division 3 of that Part.

Division 3   Data disruption warrants and network activity warrants

Surveillance Devices Act 2004

18   Paragraph 3(aab)

Omit "or the Australian Crime Commission".

19   Section 27KAA

Omit "ceases to have effect 5 years after it commences", substitute "is repealed at the end of 4 September 2029".

20   Subsection 27KA(1)

Omit "or the Australian Crime Commission".

21   Section 27KBB

Repeal the section.

22   Section 27KKA

Omit "ceases to have effect 5 years after it commences", substitute "is repealed at the end of 4 September 2029".

23   Subsection 27KU(1)

Omit "cease to have effect 5 years after they commence", substitute "are repealed at the end of 4 September 2029".

24   Subsection 27KU(2)

Omit "has no effect after the end of the 5-year period beginning at the commencement of this section", substitute "ceases to be in force at that time".

25   Subsection 28(1C)

Omit "or the Australian Crime Commission".

26   Paragraph 50(1)(eb)

Omit "or the Australian Crime Commission".

27   Subsection 64B(1)

Omit "or the Australian Crime Commission".

Division 4   Application, transitional and saving provisions relating to data disruption warrants and network activity warrants

28   Definitions

In this Division:

appropriate authorising officer has the meaning given by subsection 6(1) of the Surveillance Devices Act 2004.

data disruption intercept information has the meaning given by subsection 5(1) of the Telecommunications (Interception and Access) Act 1979.

data disruption warrant has the meaning given by subsection 6(1) of the Surveillance Devices Act 2004.

eligible Judge has the meaning given by subsection 12(1) of the Surveillance Devices Act 2004.

nominated ART member has the meaning given by subsection 6(1) of the Surveillance Devices Act 2004.

sunsetting time means the end of 4 September 2029.

29   Annual reports

Section 50 of the Surveillance Devices Act 2004 as amended by this Act applies in relation to annual reports for the financial year beginning on 1 July 2027, and each later financial year.

30   Australian Crime Commission

Pending applications

(1) An application for a data disruption warrant that was made under subsection 27KA(1)of the Surveillance Devices Act 2004 by a law enforcement officer of the Australian Crime Commission (or another person on the law enforcement officer's behalf) before the commencement of this item, in relation to which an eligible Judge or nominated ART member has not made a decision before that commencement, is taken, on and after that commencement, never to have been made.

Data disruption warrants

(2) If:

(a) a data disruption warrant issued under subsection 27KC(1) or paragraph 35B(2)(a) or (3)(b) of the Surveillance Devices Act 2004 is in force immediately before the commencement of this item; and

(b) the warrant was issued to a law enforcement officer or an appropriate authorising officer of the Australian Crime Commission;

the warrant ceases to be in force at that commencement.

Emergency authorisations

(3) An emergency authorisation for disruption of data held in a computer given to a law enforcement officer of the Australian Crime Commission under subsection 28(4) of the Surveillance Devices Act 2004 (whether or not approved under subsection 35B(1) of that Act) that is in force immediately before the commencement of this item, ceases to be in force at that commencement.

(4) An application for an emergency authorisation for disruption of data held in a computer made by a law enforcement officer of the Australian Crime Commission (or another person on the law enforcement officer's behalf) under subsection 28(1C) of the Surveillance Devices Act 2004, before the commencement of this item, in relation to which an appropriate authorising officer has not made a decision under subsection 28(4) of that Act before that commencement, is taken, on and after that commencement, never to have been made.

(5) An application made before the commencement of this item under subsection 33(1) of the Surveillance Devices Act2004 for approval of the giving of an emergency authorisation for disruption of data held in a computer to a law enforcement officer of the Australian Crime Commission, in relation to which an eligible Judge or a nominated ART member has not made a decision under subsection 35B(1) of that Act before that time, is taken, on and after that time, never to have been made.

Protected information

(6) To avoid doubt, Part 6 of the Surveillance Devices Act 2004 continues to apply after the commencement of this item in relation to information obtained before that commencement in accordance with the following provisions of the Surveillance Devices Act 2004 as in force before that time:

(a) Division 5 of Part 2;

(b) the provisions of Part 3 relating to an emergency authorisation for the disruption of data held in a computer.

(7) To avoid doubt, Part 2-6 of the Telecommunications (Interception and Access) Act 1979 continues to apply after that commencement to data disruption intercept information obtained before that time under a data disruption warrant.

Concealment of access

(8) To avoid doubt, subsections 27KE(9) to (12) of the Surveillance Devices Act 2004 continue to apply on and after the commencement of this item in relation to a data disruption warrant that was:

(a) in force before that commencement; and

(b) issued to a law enforcement officer or appropriate authorising officer of the Australian Crime Commission.

(9) To avoid doubt, subitem (8) applies regardless of whether subitem (2) applies to the warrant.

31   Data disruption warrants

Warrants in force

(1) A data disruption warrant issued under subsection 27KC(1) of the Surveillance Devices Act 2004 that is in force immediately before the sunsetting time ceases to be in force at that time.

Pending applications

(2) An application made before the sunsetting time under subsection 27KA(1) of the Surveillance Devices Act 2004 for a data disruption warrant, in relation to which an eligible Judge or nominated ART member has not made a decision under subsection 27KC(1) of that Act before that time, is taken, on and after that time, never to have been made.

(3) An application made before the sunsetting time under subsection 27KF(1) of the Surveillance Devices Act 2004 for an extension or variation of a data disruption warrant, in relation to which an eligible Judge or nominated ART member has not made a decision under subsection 27KF(4) of that Act before that time, is taken, on and after that time, never to have been made.

Concealment of access

(4) Subsections 27KE(9) to (12) of the Surveillance Devices Act 2004, as in force immediately before the sunsetting time, continue to apply on and after that time in relation to a data disruption warrant that was issued under subsection 27KC(1), or paragraph 35B(2)(a) or (3)(b), of that Act before that time.

(5) To avoid doubt, subitem (4) applies regardless of whether subitem (1) applies to the warrant.

32   Emergency authorisations

Emergency authorisations

(1) An emergency authorisation for disruption of data held in a computer given under subsection 28(4) of the Surveillance Devices Act 2004 (whether or not approved under subsection 35B(1) of that Act) that is in force immediately before the sunsetting time ceases to be in force at that time.

Pending applications

(2) An application made before the sunsetting time under subsection 28(1C) of the Surveillance Devices Act2004 for an emergency authorisation for disruption of data held in a computer, in relation to which an appropriate authorising officer has not made a decision under subsection 28(4) of that Act before that time, is taken, on and after that time, never to have been made.

(3) An application made before the sunsetting time under subsection 33(1) of the Surveillance Devices Act2004 for approval of the giving of an emergency authorisation for disruption of data held in a computer, in relation to which an eligible Judge or a nominated ART member has not made a decision under subsection 35B(1) of that Act before that time, is taken, on and after that time, never to have been made.

33   Network activity warrants

Warrants in force

(1) A network activity warrant issued under subsection 27KM(1) of the Surveillance Devices Act 2004 that is in force immediately before the sunsetting time ceases to be in force at that time.

Pending applications

(2) An application made before the sunsetting time under subsection 27KK(1) of the Surveillance Devices Act 2004 for a network activity warrant, in relation to which an eligible Judge or nominated ART member has not made a decision under subsection 27KM(1) of that Act before that time, is taken, on and after that time, never to have been made.

(3) An application made before the sunsetting time under subsection 27KQ(1) of the Surveillance Devices Act 2004 for an extension or variation of a network activity warrant, in relation to which an eligible Judge or nominated ART member has not made a decision under subsection 27KQ(4) of that Act before that time, is taken, on and after that time, never to have been made.

Concealment of access

(4) Subsections 27KP(8) to (10) of the Surveillance Devices Act 2004, as in force immediately before the sunsetting time, continue to apply on and after that time in relation to a network activity warrant that was issued under subsection 27KM(1) of that Act before that time.

(5) To avoid doubt, subitem (4) applies regardless of whether subitem (1) applies to the warrant.

34   Protected information

(1) To avoid doubt, Part 6 of the Surveillance Devices Act 2004 continues to apply after the sunsetting time in relation to information obtained before that time in accordance with the following provisions of the Surveillance Devices Act 2004 as in force before that time:

(a) Division 5 of Part 2;

(b) Division 6 of that Part;

(c) the provisions of Part 3 relating to an emergency authorisation for the disruption of data held in a computer.

(2) To avoid doubt, Part 2-6 of the Telecommunications (Interception and Access) Act 1979 continues to apply after the sunsetting time to data disruption intercept information obtained before that time under a data disruption warrant.

Part 4   Repeal of unproclaimed measure

Measures to Combat Serious and Organised Crime Act 2001

35   Subsection 2(4)

Repeal the subsection.

36   Item 10 of Schedule 4

Repeal the item.

Schedule 2   Amendment of the Criminal Code

Part 1   Evidentiary certificates for serious drug offences

Criminal Code Act 1995

1   Section 300.2 of the Criminal Code

Insert:

issuing officer has the meaning given by subsection 300.7(1).

law enforcement officer means:

(a) the Commissioner of the Australian Federal Police or an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or

(b) a member of the police force (however described) of a State or Territory; or

(c) an officer of Customs (within the meaning of the Customs Act 1901); or

(d) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002); or

(e) a staff member of the NACC (within the meaning of the National Anti-Corruption Commission Act 2022); or

(f) a member of a law enforcement agency (however described) of a foreign country; or

(g) a person in a class of persons determined for the purposes of this paragraph under subsection 300.7(4).

lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.

2   At the end of Division 300 of the Criminal Code

Add:

300.7 Evidentiary certificates

Issuing a certificate

(1) A certificate may be issued under this section by any of the following persons (an issuing officer ):

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

(b) an officer of Customs (within the meaning of the Customs Act 1901) who holds the position, or performs the duties, of an APS Level 6, or an equivalent or higher position;

(c) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who holds the position, or performs the duties, of either a senior investigator or of an Executive Level 1, or an equivalent or higher position, in the Australian Crime Commission;

(d) a staff member of the NACC (within the meaning of the National Anti-Corruption Commission Act 2022) who holds the position, or performs the duties, of an Executive Level 1, or an equivalent or higher position;

(e) a member of a police force (however described) of a State or Territory;

(f) a person in a class of persons determined for the purposes of this paragraph under subsection (4).

Acts or things that can be specified in a certificate

(2) The certificate may specify one or more of the following acts or things in respect of a substance or object containing a substance:

(a) any detail or description relating to the seizure or detention of the substance or object;

(b) a label or any other means that is used to identify the substance or object;

(c) any detail relating to any seal that is used to secure the substance or object;

(d) any detail related to any transfer of custody of the substance or object;

(e) any detail related to storage of the substance or object;

(f) anything done in connection with the substance or object by:

(i) a law enforcement officer; or

(ii) a person assisting or providing technical expertise to a law enforcement officer or an agency mentioned in subsection (3);

(g) any other act or thing determined under subsection (4).

(3) For the purposes of subparagraph (2)(f)(ii), the agencies are the following:

(a) the Australian Federal Police;

(b) a police force (however described) of a State or Territory;

(c) the Department administered by the Minister administering Part XII of the Customs Act 1901;

(d) the Australian Crime Commission;

(e) the National Anti-Corruption Commission;

(f) a law enforcement agency (however described) of a foreign country;

(g) a law enforcement agency prescribed for the purposes of this paragraph.

(4) The AFP Minister may, by legislative instrument, determine the following:

(a) a class of persons for the purposes of paragraph (g) of the definition of law enforcement officer in section 300.2;

(b) a class of persons for the purposes of paragraph (1)(f);

(c) acts or things for the purposes of paragraph (2)(g).

(5) The AFP Minister must, before determining a class of persons for the purposes of paragraph (1)(f), be satisfied that the persons in the class have appropriate training, qualifications, skills or experience to issue a certificate under this section.

Documents purporting to be certificates

(6) A document purporting to be a certificate issued under this section is, unless the contrary is established, taken to be such a certificate and to have been properly given.

Certificate is prima facie evidence of the acts or things in it

(7) The certificate is to be received in proceedings for an offence against this Part as prima facie evidence of the acts or things specified in the certificate.

300.8 Evidentiary certificates issued under State or Territory laws

(1) This section applies in relation to a certificate (however described) that:

(a) is issued (however described) under a law of a State or Territory; and

(b) would be received in proceedings for an offence against a law of the State or Territory as prima facie evidence of the acts or things specified in the certificate.

(2) If the certificate specifies an act or thing mentioned in subsection 300.7(2), the certificate is to be received in proceedings for an offence against this Part as prima facie evidence of the act or thing.

300.9 Evidentiary certificates - procedural matters

(1) This section applies in relation to a certificate:

(a) issued under section 300.7; or

(b) to which section 300.8 applies.

(2) A certificate must not be admitted in evidence in proceedings for an offence against this Part unless:

(a) the person charged with the offence; or

(b) a lawyer who has appeared for the person in those proceedings;

has, at least 42 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

(3) If a certificate is admitted in evidence in proceedings for an offence against this Part, the person charged with the offence ( defendant )may (subject to subsection (4)) require any of the following:

(a) the person who issued the certificate to be:

(i) called as a witness for the prosecution; and

(ii) cross-examined as if the person had given evidence of the acts or things specified in the certificate;

(b) any person named in the certificate to be:

(i) called as a witness for the prosecution; and

(ii) cross-examined as if the person had given evidence of the acts or things specified in the certificate associated with that person.

(4) However, subsection (3) does not entitle the defendant to require a person to be called as a witness for the prosecution or cross-examined unless:

(a) the prosecutor has been given at least 28 days' notice of the defendant's intention to require the person to be so called or cross-examined; and

(b) the court, by order, allows the defendant to require the person to be so called or cross-examined.

3   Application provision

The amendments made by this Partapply:

(a) to an act or thing done in connection with a substance or object before, on or after the commencement of this Part; and

(b) to a proceeding initiated before, on or after the commencement of this Part.

Part 2   Mixtures containing prohibited substances

Criminal Code Act 1995

4   Section 312.1 of the Criminal Code

Repeal the section, substitute:

312.1 Quantities of drugs and precursors in mixtures

(1) This section applies for the purposes of an alleged offence against this Part involving any of the following (the prohibited substance ) in a mixture of substances:

(a) a controlled drug;

(b) a border controlled drug;

(c) a controlled precursor (other than a growing plant);

(d) a border controlled precursor (other than a growing plant).

(2) For the purposes of proving the quantity of the prohibited substance, treat the mixture as consisting wholly of the prohibited substance.

Note: For example, in a prosecution for an alleged offence against this Part involving a prohibited substance in a mixture of substances, the quantity of the prohibited substance would be proved as follows:

(a) if a block of powder contains any amount of cocaine (a prohibited substance) - the block of powder is treated as consisting wholly of cocaine, and the quantity of the prohibited substance is the total weight of the block of powder;

(b) if a dried mushroom contains any amount of psilocybin (a prohibited substance) - the dried mushroom is treated as consisting wholly of psilocybin, and the quantity of the prohibited substance is the total weight of the dried mushroom.

(3) To avoid doubt:

(a) the mixture of substances may consist of:

(i) the prohibited substance being in,mixed with or part of one or more other substances; or

(ii) one or more other substances containing any amount of the prohibited substance; and

(b) the mixture must not be used for the purposes of proving the quantity of more than one prohibited substance.

5   Subsection 312.2(1) of the Criminal Code

Omit "a person is charged", substitute "the prosecution relies on Division 311 (combining quantities of drugs, plants or precursors) to charge a person".

6   At the end of subsection 312.2(2) of the Criminal Code

Add:

Note: See section 312.1 for working out the quantity of a drug or precursor in a mixture of substances.

7   Subsection 312.2(3) of the Criminal Code

Omit "actual" (wherever occurring).

8   Subsections 312.2(4) and (5) of the Criminal Code

Repeal the subsections.

Schedule 3   Director of Public Prosecutions

Part 1   Director of Public Prosecutions

Director of Public Prosecutions Act 1983

1   After section 31

Insert:

31A Authorisation of persons in cases of conflict of interest

Scope

(1) This section applies if the Director considers that it is not appropriate for the Director to perform a function or exercise a power of the Director under this or any other Act (other than a power of delegation under section 31) because of a conflict of interest, potential conflict of interest or perceived conflict of interest of the Director.

Authorisation

(2) The Attorney-General may, in writing, authorise a person to perform the function or exercise the power if the person is:

(a) a member of the staff of the Office; and

(b) an APS employee, or acting APS employee, who is:

(i) classified as SES Band 2 or equivalent or higher; or

(ii) acting in a position usually occupied by an APS employee who is so classified; and

(c) a legal practitioner.

(3) Without limiting subsection (2), an authorisation may authorise a person to perform a function or exercise a power:

(a) in relation to specified proceedings; or

(b) in relation to specified acts or omissions; or

(c) in specified circumstances.

(4) This section does not limit, and is not limited by, section 31.

31B Authorised persons - requirements and functions etc.

Variation and revocation of authorisations

(1) The Attorney-General may, in writing, vary or revoke an authorisation under section 31A at any time.

Exercise of functions and powers by authorised person

(2) If a function or power of the Director is performed or exercised by a person under an authorisation under section 31A, the power or function is taken, for the purposes of this Act, to have been performed or exercised by the Director.

(3) If:

(a) under this Act, the Director's performance of a function, or the Director's exercise of a power, is dependent upon the Director's opinion, belief or state of mind in relation to a matter; and

(b) a person is authorised under section 31A to perform or exercise that function or power;

the person may perform that function, or may exercise that power, upon the person's opinion, belief or state of mind in relation to that matter.

(4) An authorisation of a person under section 31A does not prevent the performance or exercise of a function or power by the Director, other than the function or power the person is authorised to perform or exercise.

Requirements for authorised person

(5) A person authorised under section 31A must give written notice to the Attorney-General of all direct and indirect pecuniary interests that the person has or acquires in any business, whether in Australia or anywhere else, or in any body corporate carrying on any such business.

(6) Subsection (5) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

Proceeds of Crime Act 2002

2   Section 338 (at the end of note 2 to the definition of proceeds of crime authority)

Add ", and section 31A of that Act provides for authorisation of other persons to perform functions of the DPP.".

Part 2   Deputy Director of Public Prosecutions

Division 1   General amendments

Director of Public Prosecutions Act 1983

3   Subsection 3(1) (definition of Associate Director)

Repeal the definition.

4   Subsection 3(1)

Insert:

Deputy Director means the Deputy Director of Public Prosecutions.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

5   Subsection 6(9)

Omit "shall be deemed", substitute "is taken".

6   Subsection 8(3)

Omit "he or she shall", substitute "the Attorney-General must".

7   Subsection 9(6E)

Omit "no criminal proceedings shall", substitute "criminal proceedings must not".

8   Paragraphs 10(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) the power of each of the following persons to prosecute by indictment in the person's own name indictable offences against the laws of the Commonwealth:

(i) the Attorney-General;

(ii) a Special Prosecutor;

(iii) a person appointed by the Governor-General; or

(b) the power of each of the following persons to prosecute by information in the person's own name indictable offences triable before the Supreme Court of the Australian Capital Territory:

(i) the Attorney-General;

(ii) a Special Prosecutor;

(iii) a person appointed by the Attorney-General; or

9   At the end of paragraphs 10(1)(c) and (d)

Add "or".

10   Subsection 14(2)

Repeal the subsection, substitute:

(2) From the time when the Director complies with subsection (1) in relation to a prosecution or proceeding that the Director has taken over, the Director is taken for all purposes to be the prosecutor, informant or complainant, as the case requires, in that prosecution or proceeding.

11   Section 16

Repeal the section, substitute:

16 Right of Director and staff to practise in their official capacity

(1) This section applies in relation to the Director or a member of the staff of the Office who is a legal practitioner.

(2) The person is, in the person's official capacity:

(a) entitled to practise as a barrister, solicitor, or barrister and solicitor, in a federal court or in a court of a State or Territory; and

(b) entitled to all the rights and privileges of a barrister, solicitor, or barrister and solicitor, as the case may be, in that court.

(3) Subsection (2) applies whether or not the person would, but for this section, be entitled to practise in that court.

12   Subsection 16A(2)

Omit "shall not be taken to derogate from", substitute "does not limit".

13   Sections 18 and 18A

Repeal the sections, substitute:

18 Appointment, and terms and conditions of appointment, of the Director

(1) The Director is to be appointed by the Governor-General by written instrument.

Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The Director holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.

(3) A person must not be appointed as the Director unless:

(a) the person is a legal practitioner; and

(b) the person has been a legal practitioner for at least 5 years.

(4) The Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.

18A Appointment, and terms and conditions of appointment, of the Deputy Director

(1) The Deputy Director is to be appointed by the Governor-General by written instrument.

Note: The Deputy Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The Deputy Director holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.

(3) A person must not be appointed as the Deputy Director unless:

(a) the person is a legal practitioner; and

(b) the person has been a legal practitioner for at least 5 years.

(4) The Deputy Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.

14   Section 19

Repeal the section, substitute:

19 Remuneration and allowances

Director's remuneration and allowances

(1) The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is prescribed by the regulations.

(2) The Director is to be paid the allowances that are prescribed by the regulations.

Deputy Director's remuneration and allowances

(3) The Deputy Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Deputy Director is to be paid the remuneration that is prescribed by the regulations.

(4) The Deputy Director is to be paid allowances that are the same as the Director's allowances.

Interaction with the Remuneration Tribunal Act 1973

(5) This section has effect subject to the Remuneration Tribunal Act 1973.

15   Sections 21 to 23

Repeal the sections, substitute:

21 Resignation

(1) The Director may resign the Director's appointment by giving the Governor-General a written resignation.

(2) The Deputy Director may resign the Deputy Director's appointment by giving the Governor-General a written resignation.

(3) The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

22 Director or Deputy Director not to undertake other work

The Director or Deputy Director (the office-holder ) must not:

(a) engage in practice as a legal practitioner outside the duties of the office-holder's office; or

(b) engage in paid work outside the duties of the office-holder's office without the Attorney-General's approval.

Note: For the definition of paid work , see subsection 3(1).

23 Termination of appointment

(1) The Governor-General may terminate the appointment of the Director or Deputy Director (the office-holder ):

(a) for misbehaviour; or

(b) if the office-holder is unable to perform the duties of the office-holder's office because of physical or mental incapacity.

(2) The Governor-General must terminate the appointment of an office-holder if:

(a) the office-holder:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the office-holder's creditors; or

(iv) makes an assignment of the office-holder's remuneration for the benefit of the office-holder's creditors; or

(b) the office-holder is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the office-holder engages in practice as a legal practitioner outside the duties of the office-holder's office (see paragraph 22(a)); or

(d) the office-holder engages, except with the Attorney-General's approval, in paid work outside the duties of the office-holder's office (see paragraph 22(b)); or

(e) the office-holder fails, without reasonable excuse, to comply with the office-holder's obligations under:

(i) section 24; or

(ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

(3) Despite anything in this section, if the office-holder:

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

(b) has not reached the maximum retiring age (within the meaning of that Act);

the office-holder is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

(4) Despite anything in this section, if the office-holder:

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

(b) is under 60 years of age;

the office-holder is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

(5) Despite anything in this section, if the office-holder:

(a) is an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

(b) is under 60 years of age;

the office-holder is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

16   Subsection 24(1)

Repeal the subsection, substitute:

(1) The Director must give written notice to the Attorney-General of all direct and indirect pecuniary interests that the Director has or acquires in any business, whether in Australia or elsewhere, or in any body corporate carrying on any such business.

17   Section 25

Repeal the section, substitute:

25 Oath or affirmation of office

(1) The Director or Deputy Director (the office-holder ) must make an oath or affirmation in relation to the office-holder's office in accordance with the form of oath or affirmation in the Schedule.

(2) The office-holder must not perform the duties of the office unless the office-holder has made the oath or affirmation.

(3) The oath or affirmation must be administered by:

(a) the Attorney-General; or

(b) a person authorised by the Attorney-General; or

(c) a justice of the peace.

18   Subsections 31(1), (1A) and (1B)

Omit "by writing signed by him or her", substitute "in writing".

19   Subsection 31(2)

Omit "shall, for the purposes of this Act, be deemed", substitute "is taken, for the purposes of this Act,".

20   Paragraph 32(3)(a)

Omit "shall, for the purposes of this Act, be deemed", substitute "is taken, for the purposes of this Act,".

Division 2   Amendments of listed provisions

Director of Public Prosecutions Act 1983

21   Amendments of listed provisions - Associate Director references

22   Amendments of listed provisions - technical amendments

Division 3   Application and transitional provisions

23   Application provision - amendments relating to Director of Public Prosecutions

The amendments made by this Part apply in relation to a Director of Public Prosecutions appointed on or after the commencement of this item.

24   Transitional provision - continuity in office of Associate Director of Public Prosecutions

(1) To avoid doubt, a person who was, immediately before the commencement of this item, holding office as the Associate Director of Public Prosecutions continues to hold office, on and after that commencement, as the Deputy Director of Public Prosecutions.

(2) The person does so:

(a) on the terms and conditions that were applicable to the person immediately before that commencement; and

(b) for the balance of the person's term of appointment that remained immediately before that commencement.

(3) Anything done by, or in relation to, the Associate Director of Public Prosecutions before the commencement of this item has effect at and after that commencement as if it had been done by, or in relation to, the Deputy Director of Public Prosecutions.

Schedule 4   Extradition

Part 1   Imprisonment until surrender post-waiver

Extradition Act 1988

1   After subsection 15A(4)

Insert:

(4A) To avoid doubt, a person committed to prison by order under paragraph (4)(a) is to remain in custody until:

(a) surrendered under a surrender warrant or temporary surrender warrant; or

(b) released under an order under subsection 15B(4).

2   At the end of paragraph 15A(5)(b)

Add:

(v) that the person will remain in custody until the person is surrendered, or released under an order under subsection 15B(4); and

Part 2   Extradition warrant powers of entry

Extradition Act 1988

3   After section 12

Insert:

12A Power to enter premises - extradition arrest warrants

When this section applies

(1) This section applies if a police officer:

(a) has the power to arrest a person under an extradition arrest warrant; and

(b) believes on reasonable grounds that the person is on any premises.

Power to enter premises

(2) Subject to subsection (3), the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night, for the purpose of searching the premises for the person or arresting the person.

Note 1: See section 47A for limitations on the use of force.

Note 2: See section 47B for the requirement to inform the person of the grounds for the arrest.

(3) The police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that:

(a) it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or

(b) it is necessary to do so in order to prevent the concealment, loss or destruction of property referred to in subsection 13(1) or 13(2).

Power to stop and detain conveyance

(4) If a police officer may enter and search a conveyance under subsection (2) (disregarding subsection (3)), the police officer may, for the purposes of effecting the entry and search, stop and detain the conveyance.

Note: The reference to premises in subsection (2) includes a conveyance: see subsection (7).

Announcement before entry

(5) Before entering premises under subsection (2), the police officer must:

(a) announce that the police officer is authorised to enter the premises; and

(b) give any person at the premises an opportunity to allow entry to the premises.

(6) The police officer is not required to comply with subsection (5) if the police officer believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a) the safety of a person (including a police officer); or

(b) that the effective execution of the extradition arrest warrant is not frustrated.

Interpretation

(7) In this section:

conveyance includes an aircraft, vehicle or vessel.

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

premises includes:

(a) a place; and

(b) a conveyance; and

(c) a part of premises (including premises referred to in paragraph (a) or (b)).

4   After section 29

Insert:

29A Power to enter premises - indorsed New Zealand warrants and provisional arrest warrants

When this section applies

(1) This section applies if a police officer:

(a) has the power to arrest a person under an indorsed New Zealand warrant or provisional arrest warrant; and

(b) believes on reasonable grounds that the person is on any premises.

Power to enter premises

(2) Subject to subsection (3), the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night, for the purpose of searching the premises for the person or arresting the person.

Note 1: See section 47A for limitations on the use of force.

Note 2: See section 47B for the requirement to inform the person of the grounds for the arrest.

(3) The police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that:

(a) it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or

(b) it is necessary to do so in order to prevent the concealment, loss or destruction of property referred to in subsection 30(1) or 30(2).

Power to stop and detain conveyance

(4) If a police officer may enter and search a conveyance under subsection (2) (disregarding subsection (3)), the police officer may, for the purposes of effecting the entry and search, stop and detain the conveyance.

Note: The reference to premises in subsection (2) includes a conveyance: see subsection (7).

Announcement before entry

(5) Before entering premises under subsection (2), the police officer must:

(a) announce that the police officer is authorised to enter the premises; and

(b) give any person at the premises an opportunity to allow entry to the premises.

(6) The police officer is not required to comply with subsection (5) if the police officer believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a) the safety of a person (including a police officer); or

(b) that the effective execution of the indorsed New Zealand warrant or provisional arrest warrant is not frustrated.

Interpretation

(7) In this section:

conveyance includes an aircraft, vehicle or vessel.

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

premises includes:

(a) a place; and

(b) a conveyance; and

(c) a part of premises (including premises referred to in paragraph (a) or (b)).

5   After section 47

Insert:

47A Use of force in making arrest under warrant

(1) A police officer must not, in the course of arresting a person under an extradition arrest warrant, a provisional arrest warrant, or an indorsed New Zealand warrant, use more force or subject the other person to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.

(2) Without limiting the operation of subsection (1), a police officer must not, in the course of arresting a person under an extradition arrest warrant, a provisional arrest warrant, or an indorsed New Zealand warrant:

(a) do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the police officer has reasonable grounds to believe that doing that thing is necessary to protect life or to prevent serious injury to another person (including a police officer); or

(b) if the person is attempting to escape arrest by fleeing - do such a thing unless:

(i) the police officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to a person (including a police officer); and

(ii) the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be apprehended in any other manner.

47B Persons to be informed of grounds of arrest

(1) A police officer who arrests a person under an extradition arrest warrant, a provisional arrest warrant, or an indorsed New Zealand warrant must inform the person, at the time of the arrest, of the reason for which the person is being arrested.

(2) It is sufficient if the person is informed of the substance of the reason, and it is not necessary that this be done in language of a precise or technical nature.

(3) Subsection (1) does not apply to the arrest of the person if:

(a) the person should, in the circumstances, know the substance of the reason for which they are being arrested; or

(b) the person's actions make it impracticable for the police officer to inform the person of the reason for which they are being arrested.

6   Application provision

The amendments made by this Part apply inrelation to an entry to premises in accordance with a warrant, that occurs on or after the commencement of this item (whether the warrant is issued before, on or after that commencement).

Schedule 5   Telecommunications

Telecommunications (Interception and Access) Act 1979

1   Subsection 5(1)

Insert:

Chief Integrity Inspector means a person who is the Chief Integrity Inspector (within the meaning of the Integrity Oversight Victoria Act (Vic.).

2   Subsection 5(1) (paragraph (ec) of the definition of chief officer)

Repeal the paragraph, substitute:

(ec) in the case of Integrity Oversight Victoria - the Chief Integrity Inspector; or

3   Subsection 5(1) (paragraph (ba) of the definition of eligible authority)

Repeal the paragraph, substitute:

(ba) in the case of Victoria - the IBAC (Vic.) or Integrity Oversight Victoria; or

4   Subsection 5(1) (definition of Inspector of the Victorian Inspectorate)

Repeal the definition.

5   Subsection 5(1)

Insert:

Integrity Oversight Victoria means Integrity Oversight Victoria established under the Integrity Oversight Victoria Act (Vic.).

Integrity Oversight Victoria Act (Vic.) means the Integrity Oversight Victoria Act 2011 (Vic.).

Integrity Oversight Victoria Officer means a person who is an Integrity Oversight Victoria Officer (within the meaning of the Integrity Oversight Victoria Act (Vic.)).

6   Subsection 5(1) (paragraph (ec) of the definition of officer)

Repeal the paragraph, substitute:

(ec) in the case of Integrity Oversight Victoria - an Integrity Oversight Victoria Officer; or

7   Subsection 5(1) (paragraph (fa) of the definition of permitted purpose)

Omit "theVictorian Inspectorate" (first occurring), substitute "Integrity Oversight Victoria".

8   Subsection 5(1) (subparagraphs (fa)(i), (iv) and (v) of the definition of permitted purpose)

Omit "Victorian Inspectorate Act", substitute "Integrity Oversight Victoria Act (Vic.)".

9   Subsection 5(1) (paragraph (cc) of the definition of prescribed investigation)

Repeal the paragraph, substitute:

(cc) in the case of Integrity Oversight Victoria - means an investigation that Integrity Oversight Victoria is conducting in the performance of its functions under the Integrity Oversight Victoria Act (Vic.); or

10   Subsection 5(1) (paragraph (ec) of the definition of relevant offence)

Omit "the Victorian Inspectorate", substitute "Integrity Oversight Victoria".

11   Subsection 5(1)

Repeal the following definitions:

(a) definition of Victorian Inspectorate ;

(b) definition of Victorian Inspectorate Act ;

(c) definition of Victorian Inspectorate officer .

12   Paragraph 5B(1)(iaa)

Omit "the Victorian Inspectorate", substitute "Integrity Oversight Victoria".

13   Paragraph 6A(1)(c)(ix)

Omit "the Victorian Inspectorate", substitute "Integrity Oversight Victoria".

14   Paragraph 6L(2)(ba)

Omit "the Victorian Inspectorate", substitute "Integrity Oversight Victoria".

15   Paragraph 68(ed)

Omit "Inspector of the Victorian Inspectorate", substitute "Chief Integrity Inspector".

16   Paragraphs 157(1)(t) and (zl) of Schedule 1

Omit "the Victorian Inspectorate", substitute "Integrity Oversight Victoria".

17   Paragraph 157(2)(l) of Schedule 1

Omit "the Victorian Inspectorate" (first occurring), substitute "Integrity Oversight Victoria".

18   Subparagraphs 157(2)(l)(i), (iv) and (v) of Schedule 1

Omit "Victorian Inspectorate Act", substitute "Integrity Oversight Victoria Act (Vic.)".