Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p2
Version: federal_register_of_legislation:C2004A04198
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Acts in relation to criminal and law enforcement matters, and for related purposes

[Assented to 23 August 1991]

  The Parliament of Australia enacts:

PART 1—INTRODUCTORY

Short title

1. This Act may be cited as the Crimes Legislation Amendment Act (No. 2) 1991.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Sections 5 to 10 (inclusive), Parts 3, 4, 5, 6, 7 and 9 and sections 40 to 50 (inclusive) commence 28 days after the day on which this Act receives the Royal Assent.

(3)     Subject to subsections (4) and (5), section 51 and Part 8 commence on a day or days to be fixed by Proclamation.

(4)     If the commencement of Part 8 is not fixed by a Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the Part is repealed on the first day after the end of that period.

(5)     If section 51 does not commence under subsection (3) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979

Principal Act

3. In this Part, "Principal Act" means the Australian Federal Police Act 19791.

Functions

  4. Section 8 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "The functions" and substituting "Subject to subsection (2c), the functions";

    (b)    by omitting from subsection (2a) "for the protection of witnesses, and," and substituting "for the protection, in the circumstances and subject to the conditions specified in the arrangements, of such of the following as are so specified:

       (e)    witnesses;

         (f)     people who, because of their relationship to, or association with, a witness need, or may need, such protection;

         (g)    any other people who, for any other reason, need, or may need, such protection;

     and,";

  (c) by inserting after subsection (2b) the following subsection:

     "(2c) The functions of the Australian Federal Police do not include the provision of services under arrangements entered into under subsection (2a) in relation to offences against a law of a State, unless the provision of such services in relation to those offences is authorised to the extent necessary, whether by enactment or otherwise:

       (a)     by that State; or

         (b)     if that State is different from the State in which the services are provided—by both of those States.".

End of appointments

  5. Section 26e of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

     "(1a) Where a determination is not made under subsection