Crime Point-in-Time Service Updates

Thursday 18 February 2021 @ 12.02 p.m.

The Crime Point-in-Time Service has been updated to include the National Emergency Declaration (Consequential Amendments) Act 2020 (Cth) (Act 129 of 2020), the Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020 (Cth) (Act 133 of 2020), the Australian Security Intelligence Organisation Amendment Act 2020 (Cth) (Act 134 of 2020) and the Territories Legislation Amendment Act 2020 (Cth) (Act 154 of 2020).

Act 129 of 2020

The National Emergency Declaration (Consequential Amendments) Act 2020 (the Act) operates in conjunction with the National Emergency Declaration Act 2020 to implement Recommendation 5.1 of the Royal Commission into National Natural Disaster Arrangements (RCNNDA) by establishing a legislative framework for declaring national emergencies.

The Act amends Acts and Regulations that contain powers that are used by the Commonwealth when responding to, or supporting the recovery from, emergencies to enable the use of alternative or simplified statutory tests to streamline the exercise of those powers where a national emergency has been declared.

Act 133 of 2020

This Act contains a range of measures to strengthen Australia’s capabilities to address money laundering and terrorism financing risks, and generate regulatory efficiencies, including amendments, which:

  • expand the circumstances in which reporting entities may rely on customer identification and verification procedures undertaken by a third party
  • explicitly prohibit reporting entities from providing a designated service if customer identification procedures cannot be performed
  • strengthen protections on correspondent banking by prohibiting financial institutions from entering into a correspondent banking relationship with another financial institution that permits its accounts to be used by a shell bank
  • provide a simplified and flexible framework for the use and disclosure of financial intelligence
  • create a single reporting requirement for the cross-border movement of monetary instruments
  • address barriers to the successful prosecution of money laundering offences by clarifying that the existence of one Commonwealth constitutional connector is sufficient to establish an instrument of crime offence, and deeming money or property provided by undercover law enforcement as part of a controlled operation to be the proceeds of crime for the purposes of prosecution.

Act 134 of 2020

An Act to amend the Australian Security Intelligence Organisation’s (ASIO’s) compulsory questioning and surveillance device powers under the Australian Security Intelligence Organisation Act 1979 (ASIO Act). In doing so, the Act implements the Government’s response to the report by the Parliamentary Joint Committee on Intelligence and Security into the operation, effectiveness and implications of the ASIO Act’s existing compulsory questioning framework.

Schedule 1 of the Act reforms ASIO’s compulsory questioning framework. The reforms will ensure the framework is fit for purpose, operationally effective and responsive to some of the most serious security threats facing Australia, namely, espionage, foreign interference and politically motivated violence.

Schedule 2 of the Act makes amendments to the surveillance device framework in the ASIO Act to improve ASIO’s ability to monitor potential security threats and to bring ASIO’s ability to use surveillance devices in line with those of its law enforcement partners.

Act 154 of 2020

The purpose of the Territories Legislation Amendment Act 2020 is to:

  • amend the Norfolk Island Act 1979Christmas Island Act 1958 (CI Act) and Cocos (Keeling) Islands Act 1955 to ensure the effective operation of the laws of other states and territories which have been applied in these territories.
  • amend the NI Act to allow the Australian Government to enter into arrangements with any state or territory government to support state-type service delivery in Norfolk Island and provide for the possible future conferral upon the courts of a state or territory jurisdiction (including appellate jurisdiction) in relation to Norfolk Island.
  • amend the Corporations Act 2001, Australian Securities and Investments Commission Act 2001 and associated Treasury Acts to fully extend their application to the external territories and ensure all Australian companies operate under the same legislative framework.
  • amend the Bankruptcy Act 1966 to allow the Australian Financial Security Authority to provide bankruptcy and personal property security services to Norfolk Island. The Bankruptcy (Estate Charges) Amendment (Norfolk Island) Act 2020 is consequential to this measure and extends the Bankruptcy (Estate Charges) Act 1997 to Norfolk Island.
  • amend the Freedom of Information Act 1982 to clarify its application to bodies established under a law in force in Norfolk Island.
  • amend the Privacy Act 1988 to clarify its application to statutory bodies in the external territories and clarify the application of the Australian Privacy Principles to state and territory laws which have been applied in the external territories and the Jervis Bay Territory.
  • amend the Administrative Decisions (Judicial Review) Act 1977 to extend its coverage to decisions made by Commonwealth officials under applied laws in the external territories and the Jervis Bay Territory and extend the right to judicial review to decisions made under laws made by the former Norfolk Island Legislative Assembly and continued pre-self-government ordinances.
  • amend the Criminal Code Act 1995 to update the definition of ‘Commonwealth public official’ to include people exercising powers or functions under a law in force in Norfolk Island.
  • amend the Broadcasting Services Act 1992 to allow the Australian Communications and Media Authority to issue licences and undertake future broadcasting planning in Norfolk Island.
  • amend the Copyright Act 1968 to ensure Norfolk Island is treated as a territory instead of a state for the purposes of the Act.
  • extend the application of the Education Services for Overseas Students Act 2000 to Norfolk Island to allow for the potential regulation of services to overseas students attending Norfolk Island Central School.

These amendments have been updated in the Point-in-Time Crime Service current to 15 February 2021. (NB: Subscription required).

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