Amendments to Crimes Act 1961

325 Crimes Act 1961 amended

(1)

This section amends the Crimes Act 1961.

(2)

Section 1(3) is amended by omitting “Part 11A—Obtaining evidence by listening devices (sections 312A to 312Q)”.

(3)

Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order:

serious violent offence means any offence—

(a)

that is punishable by a period of imprisonment for a term of 7 years or more; and

(b)

where the conduct constituting the offence involves—

(i)

loss of a person’s life or serious risk of loss of a person’s life; or

(ii)

serious injury to a person or serious risk of serious injury to a person; or

(iii)

serious damage to property in circumstances endangering the physical safety of any person; or

(iv)

perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

(A)

that is punishable by a period of imprisonment for a term of 7 years or more; and

(B)

that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

(4)

Section 78D is repealed.

(5)

Section 98A(2) is amended by omitting “(within the meaning of section 312A(1))” in each place where it appears.

(6)

Sections 202B, 224, 225, the heading above section 314A, sections 314A to 314D, and sections 317 to 317B are repealed.

(7)

Section 216F is amended by repealing subsection (1) and substituting the following subsection:

(1)

An unlawful disclosure is the intentional and unauthorised disclosure of any information gained when undertaking maintenance of a communication service.

(8)

Section 216F(2) is amended by omitting “subsection (1)(b)(i)” and substituting “subsection (1)”.

(9)

Part 11A is repealed.

(10)

Section 216B(2)(b) is amended by repealing subparagraph (i) and substituting the following subparagraph:

(i)

the Search and Surveillance Act 2012; or

(11)

Section 216B(2)(b) is amended by repealing subparagraph (iv).

(12)

Section 216B(3) is repealed.

(13)

Section 216B(7) is amended by omitting “an interception warrant” and substituting “a surveillance device warrant issued under the Search and Surveillance Act 2012”.