Crimes Legislation Amendment Act 1991 (Cth)

Crimes Legislation Amendment Act 1991 No. 28 of 1991 TABLE OF PROVISIONS PART 1—INTRODUCTORY Section 1. Short title 2. Commencement PART 2—AMENDMENTS OF THE AUSTRALIAN FEDERAL POLICE ACT 1979 3. Principal Act 4. Functions 5. Powers and duties of members 6. Commissioner and Deputy Commissioner 7. Absence etc. of Commissioner or Deputy Commissioner 8. Remuneration and allowances 9. Leave of absence 10. Termination of appointment 11. Insertion of new section: 26ba. Members may be directed to perform certain staff member functions etc. 12. Term of appointments 13. Undertakings and oaths or affirmations 14. Special leave of absence 15. Insertion of new section: 35a. Transfers 16. Promotion 17. Review by Merit Protection and Review Agency of non-appellable promotion decisions 18. Insertion of new section: 36c. Review by Merit Protection and Review Agency in certain other cases TABLE OF PROVISIONS—continued Section 19. Regulations may provide for certain other terms and conditions PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988 20. Principal Act 21. Reports of suspect transactions 22. Special provisions in relation to reports of suspect transactions 23. Access to CTR information PART 4—AMENDMENTS OF THE CRIMES ACT 1914 24. Principal Act 25. Interpretation 26. Pecuniary penalties—natural persons and bodies corporate 27. Insertion of new section: 4l. Specified defences not to preclude other defences 28. Search warrants 29. Insertion of new section: 76. Obstructing etc. public officers 30. Interpretation of Part PART 5—AMENDMENTS OF THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 31. Principal Act 32. Long title 33. Interpretation 34. Approval of ratification of Convention and accession to Protocol 35. Offences 36. Evidence of certain matters 37. Regulations 38. Schedule 39. Schedule 2 PART 6—AMENDMENTS OF THE DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 40. Principal Act 41. Interpretation 42. Office of the Director of Public Prosecutions 43. Powers of Director 44. Director may request assistance of Commissioner of Police 45. Insertion of new sections: 18a. Appointment etc. of Associate Director 18b. Exercise of powers and functions by Associate Director 46. Remuneration and allowances 47. Leave of absence 48. Resignation 49. Director or Associate Director not to undertake other work 50. Termination of appointment 51. Disclosure of interests 52. Oath or affirmation of office 53. Acting appointments—Director 54. Insertion of new section: 26a. Acting appointments—Associate Director 55. Staff 56. Delegation by Director TABLE OF PROVISIONS—continued Section PART 7—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987 57. Principal Act 58. Interpretation 59. Charge on property subject to restraining order PART 8—AMENDMENTS OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 60. Principal Act 61. Interpretation 62. Investigation of an offence 63. Relevant proceedings 64. Telecommunications not to be intercepted 65. Reports to be made to Attorney-General on results of interception 66. Preconditions for declaration 67. Agency may apply for warrant 68. Issue of warrant for entry on premises 69. Managing Director of carrier to be informed of issue or revocation of certain warrants 70. Further dealing by recipient of certain information 71. Other records to be kept by Commonwealth agencies in connection with interceptions 72. Commonwealth agencies to report to Minister about applications and warrants under Parts IV and VI 73. Savings PART 9—AMENDMENTS OF OTHER ACTS 74. Amendments of other Acts SCHEDULE 1 NEW SCHEDULE 2 TO BE ADDED TO THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 SCHEDULE 2 AMENDMENTS OF OTHER ACTS Crimes Legislation Amendment Act 1991 No. 28 of 1991 An Act to amend certain Acts in relation to criminal and law enforcement matters, and for related purposes [Assented to 4 March 1991] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART 1—INTRODUCTORY Short title 1. This Act may be cited as the Crimes Legislation Amendment Act 1991. Commencement 2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Section 23, paragraph 30 (b), subsection 61 (2) and sections 62, 63, 67 and 73 commence on a day to be fixed by Proclamation, being the day on which Schedule 1 (3) to the State Drug Crime Commission (Amendment) Act 1990 of New South Wales commences. (3) Sections 26, 29 and 43 commence 28 days after the day on which this Act receives the Royal Assent. (4) Subject to subsection (5), section 58 commences on a day to be fixed by Proclamation. (5) If section 58 does not commence within the period of 12 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. (6) Subsection 74 (2) and Part 2 of Schedule 2 are taken to have commenced immediately after the commencement of section 15 of the Crimes Legislation Amendment Act 1989. (7) Subsection 74 (3) and Part 3 of Schedule 2 are taken to have commenced immediately after the commencement of section 25 of the Intelligence and Security (Consequential Amendments) Act 1986. 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 adding at the end of paragraphs (1) (a) and (1) (aa) "and"; (b) by inserting after paragraph (1) (b) the following paragraph: "(ba) the provision of services in accordance with arrangements entered into under subsection (1c) or (2a) and doing anything else included in the arrangements that is incidental or conducive to the provision of the services; and"; (c) by inserting in subsection (1c) "and regulatory services" after "police services"; (d) by inserting after subsection (2a) the following subsection: "(2b) Arrangements for the provision of services under subsection (1a), (1c) or (2a) may include arrangements for the doing of anything incidental or conducive to the provision of the services.". Powers and duties of members 5. Section 9 of the Principal Act is amended: (a) by adding at the end of paragraph (1) (a) "and"; (b) by inserting after paragraph (1) (ba) the following paragraph: "(bb) when performing functions in an External Territory— the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and". Commissioner and Deputy Commissioner 6. Section 17 of the Principal Act is amended by re-numbering subsection (4a) (second occurring) as subsection (4b). Absence etc. of Commissioner or Deputy Commissioner 7. Section 19 of the Principal Act is amended by omitting subsection (1a) and substituting the following subsections: "(1a) The Minister may determine the remuneration and allowances of a person who exercises the powers, and performs the functions and duties, of the Commissioner under subsection (1). "(1b) The Commissioner may determine the remuneration and allowances of a person who exercises the powers, and performs the functions and duties, of a Deputy Commissioner under subsection (1). "(1c) A person is not entitled to be paid remuneration or allowances under this section for exercising the powers, and performing the functions and duties, of the Commissioner or a Deputy Commissioner for less than one week.". Remuneration and allowances 8. Section 20 of the Principal Act is amended by omitting from subsection (3) "Tribunals" and substituting "Tribunal". Leave of absence 9. Section 21 of the Principal Act is amended: (a) by omitting "or a Deputy Commissioner"; (b) by adding at the end the following subsection: "(2) The Commissioner may grant leave of absence to a Deputy Commissioner on such terms and conditions as to remuneration or otherwise as the Commissioner determines.". Termination of appointment 10. Section 22 of the Principal Act is amended by omitting from paragraph (2) (b) "by the Minister" and substituting "under section 21". 11. After section 26b of the Principal Act the following section is inserted: Members may be directed to perform certain staff member functions etc. "26ba. The Commissioner may, at any time, in writing signed by the Commissioner, direct a member who is a commissioned police officer or a non-commissioned police officer to perform the specified functions and duties of a staff member during the period specified in the direction, or until the direction is revoked.". Term of appointments 12. Section 26d of the Principal Act is amended by omitting subsection (4) and substituting the following subsection: "(4) Where: (a) a person's appointment ends under section 26e; and (b) the person is re-appointed for a term starting immediately after the end of that appointment; the person's service is taken to be continuous.". Undertakings and oaths or affirmations 13. Section 28 of the Principal Act is amended: (a) by omitting from subsection (2) "under Division 1" and substituting "as the Commissioner"; (b) by inserting after subsection (2) the following subsection: "(2a) A person appointed as a Deputy Commissioner must, before starting to perform his or her duties, take or make the prescribed oath or affirmation before the Commissioner."; (c) by omitting from subsection (3) "a person authorized by the Minister" and substituting "the Commissioner or a person authorised by the Commissioner". Special leave of absence 14. Section 34 of the Principal Act is amended by omitting from subsection (2) "Minister" and substituting "Commissioner". 15. After section 35 of the Principal Act the following section is inserted: Transfers "35a. Where a person is transferred, the person's appointment does not end, but is, on and after the day when the transfer takes effect, taken to be an appointment to the position within the rank, or at the level, to which the person is transferred.". Promotion 16. Section 36 of the Principal Act is amended by inserting in subsection (3) "does not end, but" after "person's appointment". Review by Merit Protection and Review Agency of non-appellable promotion decisions 17. Section 36b of the Principal Act is amended by omitting subsections (8) and (8a) and substituting the following subsections: "(8) Where a person's promotion is cancelled: (a) the person must, for all purposes, be treated as having held the position to which he or she was promoted during the period beginning when the promotion took effect and ending when it was cancelled; and (b) on the cancellation, the Commissioner must transfer the person to a position of member or staff member, as the case requires, within a rank or at a level that is the same as, or equivalent to the position and rank or level held by the person immediately before the promotion took effect. "(8a) The Commissioner must create a position, or make a new determination under section 24, if it is necessary to do so in order to comply with paragraph (8) (b) in a particular case.". 18. After section 36b of the Principal Act the following section is inserted: Review by Merit Protection and Review Agency in certain other cases "36c. (1) This section has effect where, whether before, on or after the commencing day, a position of member within a prescribed rank and a corresponding position of staff member at a prescribed level are advertised. "(2) Where: (a) a member is, on or after the commencing day, promoted to the position of member under section 25 or 26; and (b) the promotion is a non-appellable promotion; and (c) the position of staff member is not filled as a result of the promotion; a staff member who applied unsuccessfully for either position may apply to the Agency under section 36b for a review of the member's promotion and that section has effect as if the staff member had applied unsuccessfully for the non-appellable promotion. "(3) Where: (a) a staff member is, on or after that day, promoted to the position of staff member under section 26b; and (b) the promotion is a non-appellable promotion; and (c) the position of member is not filled as a result of the promotion; a member who applied unsuccessfully for either position may apply to the Agency under section 36b for a review of the staff member's promotion and that section has effect as if the member had applied unsuccessfully for the non-appellable promotion. "(4) Where: (a) a promotion under section 25, 26 or 26b to one of those positions would be a non-appellable promotion; and (b) a member is, on or after the commencing day, appointed under section 26b to the position of staff member, and (c) the position of member is not filled as a result of that appointment; a staff member or member who applied unsuccessfully for either position may apply to the Agency under section 36b for review of the member's appointment and that section (other than paragraph 36b (8) (b) and subsection 36b (8a)) has effect as if: (d) the member's appointment were a non-appellable promotion; and (e) the unsuccessful staff member or member were an unsuccessful applicant for such a promotion. "(5) Where: (a) a promotion under section 25, 26 or 26b to one of those positions would be a non-appellable promotion; and (b) a staff member is, on or after the commencing day, appointed under section 25 or 26 to the position of member; and (c) the position of staff member is not filled as a result of that appointment; a member or staff member who applied unsuccessfully for either position may apply to the Agency under section 36b for review of the staff member's appointment and that section (other than paragraph 36b (8) (b) and subsection 36b (8a)) has effect as if: (d) the staff member's appointment were a non-appellable promotion; and (e) the unsuccessful member or staff member were an unsuccessful applicant for such a promotion. "(6) On the cancellation of a person's appointment under section 36b, the Commissioner must appoint the person to a position of member or staff member, as the case requires, within a rank or at a level that is the same as, or equivalent to, the position, and rank or level, held by the person immediately before the cancelled appointment took effect. "(7) The service of a person appointed under subsection (6) is taken to be continuous with the person's immediately preceding service. "(8) The Commissioner must create a position, or make a new determination under section 24, if it is necessary to do so in order to comply with subsection (6). "(9) This section only applies to a person who is appointed, or who applied unsuccessfully for an appointment, under section 25, 26 or 26b to a position of member or staff member if the appointment is, or would have been, equivalent to a promotion, having regard to the personnel structure of the Australian Federal Police. "(10) In this section: 'Agency' has the same meaning as in section 36b; 'commencing day' means the day on which section 18 of the Crimes Legislation Amendment Act 1991 commences; 'non-appellable promotion' has the same meaning as in section 36b.". Regulations may provide for certain other terms and conditions 19. Section 40 of the Principal Act is amended: (a) by inserting after paragraph (c) the following paragraph: "(ca) appeals by members against prescribed appointments, or prescribed promotions, of staff members in such circumstances as are prescribed, including action to be taken as a result of any such appeal;"; (b) by inserting after paragraph (d) the following paragraph: "(daa) appeals by staff members against prescribed appointments, or prescribed promotions, of members in such circumstances as are prescribed, including action to be taken as a result of any such appeal;". PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988 Principal Act 20. In this Part, "Principal Act" means the Cash Transaction Reports Act 19882. Reports of suspect transactions 21. Section 16 of the Principal Act is amended: (a) by inserting ", a customs officer (other than the Comptroller-General of Customs)" after "an AFP member" in the definition of "investigating officer" in subsection (6); (b) by adding at the end of paragraphs (a) and (c) of the definition of "relevant authority" in subsection (6) "or"; (c) by adding at the end of the definition of "relevant authority" in subsection (6) the following paragraph: "(d) the Comptroller-General of Customs;". Special provisions in relation to reports of suspect transactions 22. Section 26 of the Principal Act is amended: (a) by adding at the end of paragraph (1) (a) "or"; (b) by adding at the end of subsection (1) the following word and paragraph: "; or (d) where the officer is a customs officer—the Comptroller-General of Customs". Access to CTR information 23. Section 27 of the Principal Act is amended: (a) by omitting from subsection (16) "State Drug Crime Commission of New South Wales" and substituting "New South Wales Crime Commission"; (b) by omitting from paragraph (17) (d) "State Drug Crime Commission of New South Wales" and substituting "New South Wales Crime Commission". PART 4—AMENDMENTS OF THE CRIMES ACT 1914 Principal Act 24. In this Part, "Principal Act" means the Crimes Act 19143. Interpretation 25. Section 3 of the Principal Act is amended by inserting ", staff member" after "a member" in paragraph (b) of the definition of "Commonwealth officer". Pecuniary penalties—natural persons and bodies corporate 26. Section 4b of the Principal Act is amended by inserting after subsection (3) the following subsection: "(3a) Where an Act (whether enacted before or after the commencement of this subsection) confers power to make an instrument (including rules, regulations or by-laws but not including a law of a Territory) and specifies the maximum pecuniary penalty that can be imposed for offences created by such an instrument, then: (a) unless the contrary intention appears, the specified penalty is taken to be the maximum penalty that the instrument can prescribe for such offences by natural persons; and (b) where a body corporate is convicted of such an offence—the specifying of that penalty is not to be treated as an indication of a contrary intention for the purposes of applying subsection (3).". 27. After section 4k of the Principal Act the following section is inserted: Specified defences not to preclude other defences "4l. Where a provision of a law of the Commonwealth provides a defence to a particular offence, the provision does not, unless the contrary intention appears, prevent the use of any defence that is otherwise available.". Search warrants 28. Section 10 of the Principal Act is amended by inserting in subsection (1) "Magistrate or" before "Justice of the Peace" (wherever occurring). 29. Section 76 of the Principal Act is repealed and the following section is substituted: Obstructing etc. public officers "76. (1) A person must not intentionally and knowingly obstruct, resist, hinder, use violence against, threaten or intimidate: (a) a Commonwealth officer who is carrying out, or attempting to carry out, a function or duty of such an officer; or (b) a person who is exercising a power, or carrying out a function or duty: (i) under a law of the Commonwealth; or (ii) on behalf of the Commonwealth or a public authority under the Commonwealth; or who is attempting to exercise such a power or carry out such a function or duty. Penalty: Imprisonment for 2 years. "(2) This section does not limit the power of a court to punish a contempt of the court.". Interpretation of Part 30. Section 85zl of the Principal Act is amended: (a) by inserting after paragraph (b) of the definition of "law enforcement agency" the following paragraph: "(ba) the Australian Customs Service;"; (b) by omitting paragraph (g) of the definition of "law enforcement agency" and substituting the following paragraph: "(g) the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales, or a similar body established under a law of another State;"; (c) by omitting "85zp" from the definition of "spent" and substituting "85zm". PART 5—AMENDMENTS OF THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 Principal Act 31. In this Part, "Principal Act" means the Crimes (Protection of Aircraft) Act 19734. Long title 32. The title of the Principal Act is repealed and the following title is substituted: "An Act to approve Australia's ratification of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and its accession to the supplementary Protocol, and to give effect to the Convention and the Protocol, and to create certain offences relating to unlawful acts against the safety of civil aviation and to acts of violence at airports". Interpretation 33. Section 3 of the Principal Act is amended: (a) by omitting "the Schedule" from the definition of "Convention" in subsection (1) and substituting "Schedule 1"; (b) by inserting "or 7 (2a) (a)" after "7 (2) (a)" in the definition of "Convention offence" in subsection (1); (c) by inserting in subsection (1) the following definition: " 'Protocol' means the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the Protocol the English text of which is set out in Schedule 2;". Approval of ratification of Convention and accession to Protocol 34. Section 6 of the Principal Act is amended by adding at the end the following subsection: "(2) Australia's accession to the Protocol is approved.". Offences 35. Section 7 of the Principal Act is amended: (a) by inserting after subsection (1) the following subsection: "(1a) A person is guilty of an offence against this Act if the person: (a) unlawfully and intentionally uses a device, substance or weapon: (i) to perform an act of violence against a person at a prescribed airport that causes, or is likely to cause, serious injury or death; or (ii) to destroy or seriously damage the facilities of a prescribed airport; or (iii) to destroy or seriously damage any aircraft not in service that is at a prescribed airport; or (iv) to disrupt the services of a prescribed airport; and the act endangers, or is likely to endanger, the safe operation of the airport or the safety of persons at the airport; or (b) attempts to do an act described in paragraph (a); or (c) is an accomplice of a person who does or attempts to do an act described in paragraph (a); and the circumstances specified in paragraph (2a) (a) or (2a) (b), or both, are applicable."; (b) by inserting after subsection (2) the following subsection: "(2a) The circumstances mentioned in subsection (1a) are: (a) where the Convention, read together with the Protocol, requires Australia to make the conduct concerned punishable; or (b) if the conduct concerned is that described in subparagraph (1a) (a) (iii)—where the aircraft concerned is in Australia, or is an Australian Government aircraft, or where the conduct is that of an Australian citizen, whether in Australia or not."; (c) by adding at the end of subsection (3) the following word and paragraphs: "; or (c) in the case of conduct specified in subparagraph (1a) (a) (i) or conduct specified in paragraph (1a) (b) or (c) that relates to conduct specified in that subparagraph—imprisonment for a term not exceeding 15 years; or (d) in the case of conduct specified in subparagraph (1a) (a) (ii), (iii) or (iv) or conduct specified in paragraph (1a) (b) or (c) that relates to conduct specified in any of those subparagraphs— imprisonment for a term not exceeding 10 years"; (d) by adding at the end the following subsection: "(5) A person is not liable to be tried for an offence against this Act by virtue of paragraph (2a) (a) unless the offence is one over which Australia is required to establish its jurisdiction by Article 5 of the Convention, read together with the Protocol.". Evidence of certain matters 36. Section 22 of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsection: "(1) All courts must take judicial notice that: (a) the Convention entered into force under paragraph 3 of Article 15 of the Convention on 28 January 1973; and (b) the Protocol entered into force under paragraph 1 of Article VI of the Protocol on 6 August 1989."; (b) by inserting in paragraph (2) (a) "or the Protocol, as the case may be," after "Convention"; (c) by inserting in paragraph (2) (b) "or the Protocol, as the case may be," after "Convention"; (d) by inserting in subsection (4) "in relation to the Convention or the Protocol" after "paragraph (2) (a)"; (e) by adding at the end of subsection (4) "or the Protocol, as the case may be". Regulations 37. Section 23 of the Principal Act is amended by omitting "or the Convention" and substituting ", the Convention or the Protocol". Schedule 38. The Schedule to the Principal Act is amended by omitting "SCHEDULE" and substituting "SCHEDULE 1". Schedule 2 39. The Principal Act is amended by adding at the end the Schedule set out in Schedule 1 to this Act. PART 6—AMENDMENTS OF THE DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 Principal Act 40. In this Part, "Principal Act" means the Director of Public Prosecutions Act 19835. Interpretation 41. Section 3 of the Principal Act is amended: (a) by inserting in subsection (1) the following definition: " 'Associate Director' means the Associate Director of Public Prosecutions;"; (b) by omitting paragraph (4) (a) and substituting the following paragraphs: "(a) the Associate Director; or (aa) a member of the staff mentioned in subsection 27 (1); or (ab) a person employed under subsection 27 (3); or". Office of the Director of Public Prosecutions 42. Section 5 of the Principal Act is amended by adding at the end of subsection (2) "and an Associate Director of Public Prosecutions". Powers of Director 43. Section 9 of the Principal Act is amended: (a) by inserting after subsection (5) the following subsection: "(5a) Where the Director is carrying on a proceeding instituted by another person, being a proceeding of the kind mentioned in paragraph (5) (a) or (b), the Director may decline to carry it on further even if the Director has not taken it over under subsection (5)."; (b) by omitting subsection (6c) and substituting the following subsection: "(6c) In subsection (6b): 'State or Territory proceedings' means: (a) proceedings in a State or Territory: (i) for an offence against, or for the recovery of a pecuniary penalty under, a law of that State or Territory; or (ii) in respect of a forfeiture order under a law of that State or Territory; or (b) proceedings in a State or Territory by way of a coronial inquest or inquiry under a law of that State or Territory; or (c) proceedings in a State or Territory before a prescribed authority or a prescribed body established under a law of that State or Territory.". Director may request assistance of Commissioner of Police 44. Section 13 of the Principal Act is amended by inserting ", or staff members (or both)," after "members". 45. After section 18 of the Principal Act the following sections are inserted: Appointment etc. of Associate Director "18a. (1) The Associate Director must be appointed by the Governor-General. "(2) The Associate Director holds office for the period, not longer than 7 years, specified in the instrument of appointment, but is eligible for re-appointment. "(3) A person must not be appointed as the Associate Director unless he or she is a legal practitioner and has been a legal practitioner for at least 5 years. "(4) A person who has turned 65 must not be appointed as the Associate Director and a person must not be appointed for a period that ends after the day on which the person will turn 65. "(5) The Associate Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General. Exercise of powers and functions by Associate Director "18b. (1) Subject to any directions of the Director, the Associate Director has all the powers and functions of the Director, except the Director's powers of delegation under section 31. "(2) A power or function that is exercised or performed by the Associate Director is taken, for the purposes of this Act, to have been exercised or performed by the Director. "(3) Where, under this Act, the exercise of a power or performance of a function by the Director depends on the opinion, belief or state of mind of the Director in relation to a matter, the power or function may be exercised or performed by the Associate Director depending on the opinion, belief or state of mind of the Associate Director in relation to that matter.". Remuneration and allowances 46. Section 19 of the Principal Act is amended by inserting after subsection (2) the following subsections: "(2a) The Associate Director is to be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration by the Tribunal is in operation, the Associate Director is to be paid such remuneration as is prescribed. "(2b) The Associate Director is to be paid allowances that are the same as the Director's allowances.". Leave of absence 47. Section 20 of the Principal Act is amended by adding at the end the following subsection: "(2) The Director may grant the Associate Director leave of absence from duty on the terms and conditions, as to remuneration or otherwise, determined by the Director.". Resignation 48. Section 21 of the Principal Act is amended by inserting "or the Associate Director" after "Director". Director or Associate Director not to undertake other work 49. Section 22 of the Principal Act is amended by omitting "shall not—" and substituting "or the Associate Director must not:". Termination of appointment 50. Section 23 of the Principal Act is amended: (a) by inserting in subsection (1) "or Associate Director" after "Director"; (b) by omitting from subsection (2) "If the Director—" and substituting "If the Director or Associate Director:"; (c) by omitting from paragraph (2) (b) "by the Attorney-General" and substituting "under section 20"; (d) by adding at the end of subsection (2) "or Associate Director, as the case may be". Disclosure of interests 51. Section 24 of the Principal Act is amended by adding at the end the following subsection: "(2) The Associate Director must give written notice to the Attorney-General of all direct and indirect pecuniary interests that the Associate Director has or acquires in any business, whether in Australia or anywhere else, or in any body corporate carrying on any such business.". Oath or affirmation of office 52. Section 25 of the Principal Act is amended by inserting in subsection (1) "or the Associate Director" after "Director". Acting appointments—Director 53. Section 26 of the Principal Act is amended: (a) by inserting after subsection (1) the following subsection: "(1a) The Associate Director is to act in the office of Director: (a) during a vacancy in that office; and (b) during all periods when the Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of the office; except when a person appointed under subsection (1) is acting in that position."; (b) by omitting subsection