Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES) BILL 2011

                      2010 - 2011 - 2012




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




              HOUSE OF REPRESENTATIVES




         CRIMES LEGISLATION AMENDMENT
         (POWERS AND OFFENCES) BILL 2011




   SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendments to be moved on behalf of the Government




       (Circulated by authority of the Attorney-General,
              the Honourable Nicola Roxon MP)
CRIMES LEGISLATION AMENDMENT (POWERS AND OFFENCES)
BILL 2011

OUTLINE
The purpose of these amendments is to:

   (i)     correct a drafting error in Item 1 of Schedule 4 of the Crimes Legislation Amendment
           (Powers and Offences Bill) 2011 (the Bill) to enable members of the Northern Territory
           Police Force to exercise the new powers provided under the Law Enforcement Integrity
           Commissioner Act 2006 (LEIC Act) in the same way as members of a State police force;
           and
   (ii)    make an additional amendment to the LEIC Act to extend the sum period for which the
           Integrity Commissioner is able to be appointed by two years, up to a total of seven years.

The first amendment corrects an error in the Bill which currently relies on a definition of
`constable' in the LEIC Act that does not include Territory police.

The second amendment implements the Government's response to recommendation 5 of the
Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity
(PJC-ACLEI) Final Report on the Inquiry into the LEIC Act.


FINANCIAL IMPACT STATEMENT
These Government amendments have no financial impact.


NOTES ON AMENDMENTS

Amendment 1 is a formal clause that ensures that the amendments made by amendment 3
commence on the date of Royal Assent, consistent with the other amendments made to the LEIC
Act.

Amendment 2 makes an amendment to Item 1 of Schedule 4 of the Bill to include members of a
police force or a police service of a Territory in the definition of `constable.' This will enable
members of the Northern Territory Police Force to exercise the new powers provided under the Bill,
including the power to use force against persons and search persons while assisting an authorised
officer with a search warrant issued under the LEIC Act. The Bill already enables members of the
AFP (including ACT police) and members of State police forces to use these powers.

Amendment 3 inserts a new Schedule 9 into the Bill in relation to the re-appointment of the
Integrity Commissioner.

Item 1 of Schedule 9 changes the maximum sum period for which the Integrity Commissioner may
hold office to 7 years. The requirement that any single period of appointment not exceed five years
remains. The effect of the amendment is that the Integrity Commissioner may be reappointed after
an initial period of appointment of up to five years, but the sum period of the initial appointment
and any reappointment must not exceed seven years. This amendment addresses recommendation 5
of the PJC-ACLEI Final Report on the Inquiry into the LEIC Act.
Item 2 of Schedule 9 ensures that the amendment to the sum period of appointment applies to both
the current Integrity Commissioner as well as future Integrity Commissioners.




                                                                                                   2