Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p3
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 3/27)
Character Range: 5961–8843

(b) on the day on which this Act receives the Royal Assent; whichever occurs last.

PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979

Principal Act

3. In this Part, "Principal Act" means the Australian Federal Police Act 1979

4. Before section 6 of the Principal Act the following heading is inserted in Part II:

"Division 1—General

5. (1) After section 12a of the Principal Act the following Division is inserted in Part II:

"Division 2—Use of listening devices in relation to general offences

Definitions

"12b. In this Division:

  'class 1 general offence' means a general offence that is an offence of any of the following kinds:

      (a) murder, or an offence of a kind equivalent to murder;

      (b) kidnapping, or an offence of a kind equivalent to kidnapping;

      (c) an offence constituted by:

          (i) aiding, abetting, counselling or procuring the commission of; or

            (ii) being in any way, whether by act or omission and whether directly or indirectly, knowingly concerned in, or party to, the commission of; or

            (iii) conspiring to commit;

       an offence of a kind referred to in paragraph (a) or (b);

  'class 2 general offence' means a general offence that is an offence of any of the following kinds:

      (a) an offence against:'

          (i) section 32, 33, 34, 37, 42, 43, 44, 72, 73, 73a, 74 or 88 of the Crimes Act 1914; or

         (ii) the Secret Commissions Act 1905; or

           (iii) section 13, 14, 15, 16 or 20 of the Crimes (Offences against the Government) Act 1989 of the Australian Capital Territory;

        (b) an offence (other than a class 1 general offence or an offence of a kind referred to in paragraph (a)) punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the particular conduct constituting the offence involved, involves, or would involve, as the case requires:

          (i) loss of a person's life or serious risk of loss of a person's life; or

         (ii) serious personal injury or serious risk of serious personal injury; or

           (iii) serious damage to property in circumstances endangering the safety of a person; or

           (iv) trafficking in narcotic drugs;

        (c) an offence constituted by:

          (i) aiding, abetting, counselling or procuring the commission of; or

           (ii) being in any way, whether by act or omission and whether directly or indirectly, knowingly concerned in, or party to, the commission of; or

           (iii) conspiring to commit;

        an offence of a kind referred to in paragraph (a) or (b);

   'customs narcotics offence' means an offence punishable as provided by section 235 of the Customs Act 1901;

   'designated technical officer' means a person declared under section 12e to be a designated technical officer;

   'eligible Judge' means