Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018


Tasmanian Crest
Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018

An Act to amend the Annulled Convictions Act 2003 , the Firearms Act 1996 , the Forensic Procedures Act 2000 and the Health Practitioner Regulation National Law (Tasmania) Act 2010

[Royal Assent 10 December 2018]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Annulled Convictions Act 2003 Amended

3.   Principal Act

In this Part, the Annulled Convictions Act 2003 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by omitting paragraph (d) from the definition of Justice Agency .

5.    Schedule 1 amended (Non-exempt applications)

Schedule 1 to the Principal Act is amended by omitting item 3 from Part 2 .
PART 3 - Firearms Act 1996 Amended

6.   Principal Act

In this Part, the Firearms Act 1996 is referred to as the Principal Act.

7.    Section 83 amended (Register of firearms)

Section 83 of the Principal Act is amended as follows:
(a) by omitting from subsection (3)(a) "CrimTrac" and substituting "the Australian Crime Commission";
(b) by omitting the definition of CrimTrac from subsection (4) and substituting the following definition:
Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth.
PART 4 - Forensic Procedures Act 2000 Amended

8.   Principal Act

In this Part, the Forensic Procedures Act 2000 is referred to as the Principal Act.

9.    Section 58 amended (Database information)

Section 58 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (1A) and substituting the following paragraph:
(a) the Australian Crime Commission; and
(b) by inserting the following subsections after subsection (3) :
(4)  Any arrangement entered into with CrimTrac under subsection (1A)(a) before the day on which the Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018 commences and in force on that day, is taken to be an arrangement entered into with the Australian Crime Commission under subsection (1A)(a) .
(5)  In this section –
Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;
CrimTrac means the CrimTrac Agency established on 1 July 2000 as an Executive Agency by the Governor-General of the Commonwealth under section 65 of the Public Service Act 1999 of the Commonwealth.
PART 5 - Health Practitioner Regulation National Law (Tasmania) Act 2010 Amended

10.   Principal Act

In this Part, the Health Practitioner Regulation National Law (Tasmania) Act 2010 is referred to as the Principal Act.

11.    Section 12 amended (Police commissioner may give criminal history information)

Section 12 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "CrimTrac" first occurring and substituting "the Australian Crime Commission";
(b) by omitting from subsection (1)(b) "CrimTrac" second occurring and substituting "the Australian Crime Commission";
(c) by inserting the following definition before the definition of criminal history information in subsection (2) :
Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;
PART 6 - Repeal of Act

12.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 18 SEPTEMBER 2018

Legislative Council on 1 NOVEMBER 2018]