Supplementary Order Paper No 163

No 163

House of Representatives

Supplementary Order Paper

Tuesday, 4 December 2012

Cultural Property (Protection in Armed Conflict) Bill


Proposed amendments

Hon Christopher Finlayson, in Committee, to move the following amendments:

Clause 14

In clause 14, insert in their appropriate alphabetical order (after line 15 on page 13):

issuing officer means—

  • (a) a Judge:

  • (b) a Justice of the Peace, Community Magistrate, or Registrar

Judge means a District Court Judge or a Judge of the High Court

Registrar

  • (a) means a Registrar of a District Court or the High Court; and

  • (b) includes a Deputy Registrar of either court

Clause 20

Replace clause 20(2)(b) (line 3 on page 18) with:

  • (b) sections 231(3)(b), 233(1)(c), 234, 235, and 235C(b)(ii) (which relate to the grant of relief):

In clause 20(4)(c), replace 231(1)(a) has effect as if for this Act (line 23 on page 18) with 231(1) has effect as if for section 226.

Delete clause 20(6) (line 36 on page 18).

Clause 21

In clause 21(1), after exercisable if (line 2 on page 19), replace a District Court Judge, Justice of the Peace, Community Magistrate, or Registrar or Deputy Registrar of a District Court (an issuing officer) with an issuing officer.

Clause 23

In clause 23(2)(a), after name (line 17 on page 21) insert or other individual designation.

Clause 24

Replace clause 24(4) (lines 1 to 5 on page 23) with:

  • (4) Section 130 of the Search and Surveillance Act 2012 (which relates to the duty of persons with knowledge of a computer system, other data storage devices, or an Internet site to assist access) applies to the execution of a warrant issued under this Part as it applies to the execution of a warrant under subpart 3 of Part 4 of that Act.

Clause 28

In clause 28(1), (2), (4), (5), and (6), delete District Court (lines 8, 11, 25, and 29 on page 25 and line 1 on page 26).

Clause 29

Delete clause 29(3) and (4) (lines 21 to 32 on page 26).

Clause 31

In clause 31(2), delete (including section 199 of the Summary Proceedings Act 1957) (lines 11 and 12 on page 27).

Clause 44AA

Replace clause 44AA (lines 5 to 17 on page 33) with:

44AA Consequential amendments to sections 12, 18, and 38
  • (1) The purpose of this section is to make consequential amendments to sections 12, 18, and 38 on the date when the Criminal Procedure Act 2011 comes fully into force.

    (2) In section 12(1), (3), and (5), delete on indictment.

    (3) In section 18(1), (3), and (5), delete on indictment.

    (4) In section 38, delete summary.

    (5) This section expires and is repealed on the close of the day when the Criminal Procedure Act 2011 comes fully into force.


Explanatory note

This Supplementary Order Paper updates provisions of the Bill with technical amendments that take into account—

  • the commencement of the relevant provisions of the Customs and Excise Act (No 3) 2008 (the 2008 Amendment Act) by Order in Council made on 24 August 2009; and

  • the enactment of the Criminal Procedure Act 2011 (the 2011 Act); and

  • the enactment of the Search and Surveillance Act 2012 (the 2012 Act).

The amendments—

  • add new definitions to clause 14:

  • modify clause 20(2)(b) and (4)(c) to ensure consistency with the relevant new provisions of the 2008 Amendment Act:

  • omit clauses 20(6) and 29(4), which were transitional provisions pending all parts of the 2008 Amendment Act coming into force:

  • modify clauses 21 and 28 to align the definition of issuing officer with that in the 2012 Act:

  • modify clauses 23 and 24 to align them with the 2012 Act:

  • omit clause 29(3), which relates to a provision repealed by the 2008 Amendment Act:

  • modify clause 31(2) to remove the reference to a provision repealed by the 2011 Act:

  • replace clause 44AA (which was included as a transitional clause pending all parts of the 2008 Amendment Act coming into force) with a transitional clause pending the 2011 Act coming fully into force.

This Supplementary Order Paper replaces Supplementary Order Paper No 38 dated Tuesday, 8 September 2009.