Document ID: chunk:federal_register_of_legislation:C2004A04855:body:0:p5
Version: federal_register_of_legislation:C2004A04855
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subsection 50DAA(4) of the Public Service Act that the promotion be cancelled;

the appointment does not take effect unless and until the Secretary makes a decision under subsection 50DAA(6) of the Public Service Act not to cancel the promotion.

"(11) The ASIO officer is taken to be absent from the Service on leave of absence without pay until he or she begins to perform the duties of the office.

"(12) If the ASIO officer does not begin to perform the duties of the office within a reasonable time after the appointment takes effect, the Public Service Commissioner or the Secretary of the Department may cancel the appointment.".

PART 3—AMENDMENTS OF THE CRIMES ACT 1914

Principal Act

8. In this Part, "Principal Act" means the Crimes Act 19142.

Objects of Part

9. The objects of this Part are:

    (a) to enable courts to take cultural background into account when sentencing federal offenders; and

    (b) to make some minor drafting amendments to the provisions relating to the action to be taken in the event of the breaches of certain orders: and

    (c) to exclude ACT prisoners from certain provisions relating to escape from lawful custody; and

    (d) to provide that it is not to be an offence to manufacture, advertise, sell or possess devices designed principally for the reception of messages carried by radiocommunications; and

    (e) to reflect the change of name of the Cash Transaction Reports Agency to the Australian Transaction Reports and Analysis Centre: and

    (f) to correct some drafting errors.

Matters to which court to have regard when passing sentence etc.

10. Section 16A of the Principal Act is amended by inserting in paragraph (2)(m) "cultural background," after "antecedents,".

Discharge of offenders without proceeding to conviction

11. Section 19B of the Principal Act is amended by inserting in subparagraph (1)(b)(i) "cultural background." after "antecedents.".

Conditional release of offenders after conviction

12. Section 20 of the Principal Act is amended by omitting subsection (2A) and substituting the following subsection:

"(2A) A person is not to be imprisoned for a failure, under an order made under subsection (1), to pay an amount by way of reparation, restitution or compensation or an amount in respect of costs.".

Failure to comply with condition of discharge or release

13. Section 20A of the Principal Act is amended:

    (a) by omitting from subsection (1) ", before the end of the period specified in the order in accordance with subparagraph 19B(1)(d)(i) or 20(1)(a)(i) or before the completion of the sentence or the last to be served of the sentences imposed under paragraph 20(1)(b),";

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

    "(1A) Subsection (1) does not apply to a failure by a person to comply