Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p56
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 135356–138275

orders under the Proceeds of Crime Act 1987 and to restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901.

Prescribed authorities and parole officers

"2If. (1) Subject to subsection (2), the Governor-General may arrange with the Governor of a State, the Australian Capital Territory Executive, the Administrator of the Northern Territory or the Administrator of Norfolk Island:

    (a) for the performance by persons who hold office as Magistrates in that State or Territory of the functions of a prescribed authority under this Part; and

    (b) for the performance by officers of that State or Territory of the functions of a parole officer under this Part.

"(2) Subsection (1) does not authorise an arrangement of the kind referred to in paragraph (1) (a) to be entered into between the Governor- General and the Australian Capital Territory Executive before 1 July 1990.

"(3) The Attorney-General may appoint officers of the Australian Public Service to be parole officers for the purposes of this Part.

"(4) Notice of an arrangement under subsection (1) must be published in the Gazette.

"(5) In this section:

'State' does not include the Australian Capital Territory or the Northern Territory.".

Interpretation of Part

20. Section 85zl of the Principal Act is amended by inserting after paragraph (b) of the definition of "Commonwealth authority" the following paragraph:

"(ba) the Defence Force;".

Exclusions

21. Section 85zzh of the Principal Act is amended:

(a) by omitting paragraphs (a) and (b) and substituting the following paragraphs:

       "(a) a law enforcement agency, for the purpose of making decisions in relation to prosecution or sentencing or of assessing:

(i) prospective employees or prospective members of the agency; or

          (ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;

(b) an intelligence or security agency, for the purpose of assessing:

(i) prospective employees or prospective members of the agency; or

          (ii) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency;";

(b) by omitting paragraph (h) and substituting the following paragraph:

"(h) the Cash Transaction Reports Agency, for the purpose of assessing:

(i) prospective officers or prospective members of the Agency; or

           (ii) persons proposed to be engaged as consultants to, or to perform services for, the Agency;".

Further exclusions—law enforcement agencies

22. Section 85zzj of the Principal Act is amended by adding at the end the following subsection:

"(2) In this section:

    'employee', in relation to a law enforcement agency, includes a person engaged as a consultant to, or to perform services for, the agency or a member of the agency.".

Division 2—Amendments consequential on the amendments