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📜 Criminal Investigation Amendment (Validation) Bill 2023

Assented toLABill 10528 March 2023

This bill amends the Criminal Investigation Act 2006 to validate arrests made under section 128 between April 7, 2020, and the bill's enactment, specifically concerning breaches of violence restraining orders under section 61(1A) of the Restraining Orders Act 1997.

Impact

Police officers and individuals arrested for breaching violence restraining orders during the validation period are affected. It ensures the legality and validity of past arrests and legal proceedings, preventing potential challenges based on the definition of 'serious offence'.

Key Changes

["Amends the definition of 'serious offence' in section 128(1) of the Criminal Investigation Act 2006 to include breaches of violence restraining orders under section 61(1A) of the Restraining Orders Act 1997.", "Applies the amended definition retrospectively from April 7, 2020, to the date the bill becomes law.", "Validates actions taken during the validation period as if the amended definition was in effect."]

Parliamentary Progress

LC Second Reading MovedLC28 Mar 2023
LA Consideration in DetailLA28 Mar 2023
LA IntroducedLA28 Mar 2023
LA Second Reading MovedLA28 Mar 2023
LA Third ReadingLA28 Mar 2023
LA Second Reading AgreedLA28 Mar 2023
LC Second Reading AgreedLC28 Mar 2023
LC Third ReadingLC28 Mar 2023
Royal Assent29 Mar 2023

Affected Sectors

justiceemergency_servicespublic_sector

Penalty Provisions1 found

unclear

s. 5(9)Unclearcross reference

An act or omission that would be an offence or other contravention of a written law had the definition of serious offence in section 128(1) been as provided in subsection (2) at all times during the validation period.

Ref: An act or omission that would be an offence or other contravention of a written law had the definition of serious offence in section 128(1) been as provided in subsection (2) at all times during the validation period.

“(9) An act done or omission made on or after 7 April 2020 is taken to be, and to have always been — (a) an offence, or other contravention of a written law, if it would be, or would have been, an offence or other contravention had the definition of serious offence in section 128(1) been as provided in subsection (2) at all times during the validation period; and (b) subject to the same punishment or other penalty or consequences, whether criminal or civil, as it would be, or would have been, had the definition of serious offence in section 128(1) been as provided in subsection (2) at all times during the validation period.”

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