Tasmanian Bills Clause Notes

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AUSTRALIAN CRIME COMMISSION LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2018 BILL 31 OF 2018

                                       CLAUSE NOTES

     Australian Crime Commission Legislation (Miscellaneous Amendments) Bill 2018

Background:
The Bill introduces legislation making consequential amendments to Tasmanian Acts that authorise
or facilitate certain bodies to release information to CrimTrac. Those Acts are amended to allow
those bodies to send information to the Australian Crime Commission instead of CrimTrac.


PART 1 – PRELIMINARY

Clause 1:     Short title
              Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018


Clause 2:     Commencement
              This Act commences on the day it receives the Royal Assent.


PART 2 -      ANNULLED CONVICTIONS ACT 2003 AMENDED


Clause 3:     Principal Act
              This clause provides that a reference in this Part to the Principal Act is a reference to
              the Annulled Convictions Act 2003.


Clause 4:     Section 3 amended (Interpretation)
              Amends the Principal Act by omitting paragraph (d) from the definition of a Justice
              Agency. Paragraph (d) is a reference to CrimTrac which no longer exists as an
              individual entity.


Clause 5:     Schedule 1 amended (Non-exempt applications)
              This clause amends Schedule 1 of the Principal Act by omitting item 3 from Part 2.
              Item 3 is a reference to CrimTrac.


Part 3 -      FIREARMS ACT 1996 AMENDED


Clause 6:     Principal Act
              This clause provides that a reference in this Part to the Principal Act is a reference to
              the Firearms Act 1996.




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Clause 7:    Section 83 amended (Register of firearms)
             Amends section 83 of the Principal Act by:
                  omitting from subsection (3)(a) the word ‘CrimTrac’ and replacing it with the
                   words ‘Australian Crime Commission’.
                  omitting the definition of CrimTrac in subsection (4) and replacing it with a
                   definition of the Australian Crime Commission.


Part 4 -     FORENSIC PROCEDURES ACT 2000 AMENDED


Clause 8:    Principal Act
             This clause provides that a reference in this Part to the Principal Act is a reference to
             the Forensic Procedures Act 2000.


Clause 9:    Section 58 amended (Database information)
             Amends section 58 of the Principal Act by:
                  omitting from subsection 1A(a) the word ‘CrimTrac’ and replacing it with the
                   words ‘Australian Crime Commission’.
                  creating a new subsection (3) which provides that arrangements made with
                   CrimTrac prior to the commencement of this Bill, are deemed to also be an
                   arrangement with the Australian Crime Commission.


Part 5 -     HEALTH PRACTITIONER REGULATION NATIONAL LAW (TASMANIA) ACT 2010
             AMENDED


Clause 10:   Principal Act
             This clause provides that a reference in this Part to the Principal Act is a reference to
             the Health Practitioner Regulation National Law (Tasmania) Act 2010.


Clause 11:   Section 12 amended (Police Commissioner may give criminal history information)

             Amends section 12 of the Principal Act by:
                  omitting from subsection 1(b) the word ‘CrimTrac’ and replacing it with the
                   words ‘Australian Crime Commission’.
                  inserting in subsection (2) a definition of the Australian Crime Commission.



Part 6 -     REPEAL OF ACT


Clause 12:   Principal Act
             This clause repeals the Act on the 365th day after it commences.


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