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A Bill for an Act to amend the Australian Crime Commission Act 2002, and for related purposes
Administered by: Attorney-General's
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 15 Sep 2016
Introduced HR 14 Sep 2016
Table of contents.

2016

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Australian Crime Commission Amendment (Criminology Research) Bill 2016

 

No.      , 2016

 

(Justice)

 

 

 

A Bill for an Act to amend the Australian Crime Commission Act 2002, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Australian Crime Commission Act 2002                                                                 3

Schedule 2—Repeals                                                                                                            7

Criminology Research Act 1971                                                                               7

 

 


A Bill for an Act to amend the Australian Crime Commission Act 2002, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Australian Crime Commission Amendment (Criminology Research) Act 2016.

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence before 1 July 2017, they commence on that day.

 

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.

Schedule 1Amendments

  

Australian Crime Commission Act 2002

1  Subsection 4(1)

Insert:

criminological research means research in connection with:

                     (a)  the causes, consequences, correction and prevention of criminal behaviour; and

                     (b)  any related matter.

2  Subsection 4(1) (paragraph (i) of the definition of permissible purpose)

Repeal the paragraph, substitute:

                      (i)  criminological research;

3  After paragraph 7A(fa)

Insert:

                    (fb)  to do the following in relation to criminological research:

                              (i)  conduct criminological research;

                             (ii)  communicate the results of that research;

                            (iii)  perform other activities related to the conduct of criminological research (such as holding seminars or compiling crime‑related statistics);

                            (iv)  administer programs for awarding grants for criminological research and activities related to that research, and assist the recipients of grants in that research or those activities;

4  After section 15A

Insert:

15B  Fees for services relating to criminological research

             (1)  The ACC may charge fees for services that it provides in performing any of its functions relating to criminological research.

             (2)  A fee for a service must not be such as to amount to taxation.

             (3)  A fee charged under subsection (1):

                     (a)  is a debt due to the Commonwealth; and

                     (b)  is recoverable by the ACC, on behalf of the Commonwealth.

5  After section 59AD

Insert:

59AE  Disclosing criminological research and related information

             (1)  The CEO may:

                     (a)  disclose the ACC’s criminological research, and information related to the ACC’s criminological research; or

                     (b)  publish the ACC’s criminological research, and information related to the ACC’s criminological research;

if disclosing or publishing the research or information would not be contrary to subsection 25A(9) of this Act, another law of the Commonwealth that would otherwise apply, or a law of a State or a Territory that would otherwise apply.

             (2)  However, if the research or information is or includes personal information about an individual (within the meaning of the Privacy Act 1988) that was collected for the purpose of criminological research, the CEO must not disclose or publish the personal information under subsection (1) for another purpose unless:

                     (a)  the individual has consented to the use or disclosure of the information; or

                     (b)  the individual would reasonably expect the ACC to use or disclose the information for the other purpose, and that purpose is:

                              (i)  if the information is sensitive information within the meaning of the Privacy Act 1988—directly related to the purpose for which the information was collected; or

                             (ii)  if the information is not sensitive information—related to the purpose for which the information was collected; or

                     (c)  a permitted general situation within the meaning of the Privacy Act 1988 exists in relation to the use or disclosure of the information by the ACC.

6  After section 59E

Insert:

59F  Criminology Research Special Account

             (1)  The Criminology Research Special Account is continued in existence.

Note:          The Account was established by section 46 of the Criminology Research Act 1971.

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

59G  Credits to the Criminology Research Special Account

                   There must be credited to the Criminology Research Special Account amounts equal to the following:

                     (a)  amounts appropriated by the Parliament for the purposes of the Account;

                     (b)  amounts paid by a State to the ACC for the purpose of performing functions related to criminological research;

                     (c)  amounts received by the ACC in relation to performing functions related to criminological research;

                     (d)  amounts of any gifts given or bequests made for the purposes of the Account.

Note:          An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

59H  Purposes of the Criminology Research Special Account

                   The purposes of the Criminology Research Special Account are as follows:

                     (a)  paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the ACC’s functions related to criminological research;

                     (b)  paying any remuneration and allowances payable to any person under this Act connected to the ACC’s functions related to criminological research;

                     (c)  meeting the expenses of administering the Account;

                     (d)  paying any amount that is required or permitted to be repaid;

                     (e)  reducing the balance of the Account (and therefore the available appropriation for the Account) without making a real or notional payment.

Note:          See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

Schedule 2Repeals

  

Criminology Research Act 1971

1  The whole of the Act

Repeal the Act.