Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (Cth)

Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 No. 74, 2013 Compilation No. 1 Compilation date: 23 May 2018 Includes amendments up to: Act No. 34, 2018 Registered: 30 May 2018 About this compilation This compilation This is a compilation of the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 that shows the text of the law as amended and in force on 23 May 2018 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Assisting the Australian Commission for Law Enforcement Integrity Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Law Enforcement Integrity Commissioner Act 2006 Schedule 2—Supporting victims and witnesses in criminal proceedings Part 1—Vulnerable witness protections Crimes Act 1914 Criminal Code Act 1995 Part 2—Victim impact statements Crimes Act 1914 Part 3—Application of amendments Schedule 3—Deterring people smuggling Part 1—Main amendments Crimes Act 1914 Migration Act 1958 Part 2—Other amendments Migration Act 1958 Schedule 4—Anti‑Money Laundering and Counter‑Terrorism Financing amendments Part 1—Main amendments Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Part 2—Other amendment Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Schedule 5—Assisting the International Residual Mechanism for Criminal Tribunals International Transfer of Prisoners Act 1997 International War Crimes Tribunals Act 1995 Schedule 6—Miscellaneous amendments Australian Federal Police Act 1979 Telecommunications (Interception and Access) Act 1979 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend various Acts relating to criminal law and law enforcement, and for other purposes 1 Short title This Act may be cited as the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 28 June 2013 2. Schedules 1 and 2 The day after this Act receives the Royal Assent. 29 June 2013 3. Schedule 3, Part 1 The day after this Act receives the Royal Assent. 29 June 2013 4. Schedule 3, Part 2 The later of: 27 March 2014 (a) immediately after the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) the start of the day Schedule 4 to the Maritime Powers (Consequential Amendments) Act 2013 commences. 5. Schedule 4, Part 1 The day after this Act receives the Royal Assent. 29 June 2013 6. Schedule 4, Part 2 12 March 2014. 12 March 2014 7. Schedules 5 and 6 The day after this Act receives the Royal Assent. 29 June 2013 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Assisting the Australian Commission for Law Enforcement Integrity Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 1 After paragraph 121(3)(d) Insert: (da) the disclosure is for the purposes of, or in connection with, the performance of the Integrity Commissioner's functions relating to a corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) relating to any law enforcement agency (within the meaning of that Act); 2 Before paragraph 127(4)(a) Insert: (aa) paragraph 121(3)(da); 3 Application of amendments The amendments made by items 1 and 2 apply in relation to corruption issues, whether the related corrupt conduct (within the meaning of the Law Enforcement Integrity Commissioner Act 2006): (a) was or may have been engaged in before the commencement of those items; or (b) will or may be engaged in after that commencement. Law Enforcement Integrity Commissioner Act 2006 4 Subsection 89(1) Omit "if the evidence", substitute "if giving the evidence". 5 Subparagraph 89(1)(b)(ii) Omit "provision.", substitute "provision; or". 6 After paragraph 89(1)(b) Insert: (c) would disclose AUSTRAC information (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006). 7 Subsection 199(1) (heading) Repeal the heading, substitute: Police personnel 8 Subsection 199(1) After "members", insert "or employees". Schedule 2—Supporting victims and witnesses in criminal proceedings Part 1—Vulnerable witness protections Crimes Act 1914 1 Part IAD (heading) Repeal the heading, substitute: Part IAD—Protecting vulnerable persons 2 Before subsection 15Y(1) Insert: Proceedings involving children 3 Subsection 15Y(1) Omit "This Part applies to any proceedings for:", substitute "This Part contains special rules for children involved in proceedings to which this subsection applies. This subsection applies to proceedings for any of the following offences:". 4 Paragraph 15Y(1)(b) Omit "(Sexual assault of United Nations and associated personnel); or", substitute "(sexual assault of United Nations and associated personnel);". 5 Paragraph 15Y(1)(c) Omit "(Slavery and slavery‑like conditions); or", substitute "(slavery and slavery‑like conditions);". 6 Paragraph 15Y(1)(caa) Omit "(trafficking in persons, trafficking in children, debt bondage); or", substitute "(trafficking in persons and debt bondage);". 7 Paragraphs 15Y(1)(cab), (cac), (ca) and (cba) Omit "); or", substitute ");". 8 Paragraph 15Y(1)(cb) Omit "1958.", substitute "1958;". 9 Paragraph 15Y(1)(d) Omit "regulations; or", substitute "regulations;". 10 Paragraph 15Y(1)(e) Omit "subsection; or", substitute "subsection;". 11 Subsection 15Y(2) Repeal the subsection, substitute: Proceedings involving adult complainants (2) This Part contains special rules for adult complainants involved in proceedings to which this subsection applies. This subsection applies to proceedings for any of the following offences: (a) an offence against Division 270 of the Criminal Code (slavery and slavery‑like conditions); (b) an offence against Division 271 of the Criminal Code (trafficking in persons and debt bondage); (c) an offence that includes the commission of, or the intention to commit, an offence of a kind referred to in paragraph (a) or (b); (d) an offence of: (i) attempting to commit; or (ii) conspiring to commit; or (iii) inciting the commission of; an offence of a kind referred to in paragraph (a), (b) or (c). Proceedings involving special witnesses (3) This Part contains special rules that can apply for special witnesses involved in proceedings for any Commonwealth offence. Related proceedings included (4) Each of subsections (1), (2) and (3) also applies to any proceedings connected with a proceeding referred to in that subsection. Example: Committal proceedings. (5) Similarly, subsection 15YAB(1) (about special witnesses) also applies to any proceedings connected with a proceeding for a Commonwealth offence. 12 Section 15YA Insert: adult means a person who is 18 or over. 13 Section 15YA (definition of child complainant) Omit "a proceeding", substitute "a child proceeding". 14 Section 15YA Insert: child proceeding means a proceeding to which subsection 15Y(1) applies. 15 Section 15YA (definition of child witness) Omit "a proceeding", substitute "a child proceeding". 16 Section 15YA Insert: party to a proceeding includes the prosecutor, each defendant and each person named in evidence given in the proceeding. 17 Section 15YA (definition of proceeding) Repeal the definition, substitute: proceeding means a proceeding to which one or more of subsections 15Y(1), (2) and (3) apply. 18 Section 15YA Insert: special witness has the meaning given by subsection 15YAB(1). special witness proceeding means a proceeding to which subsection 15Y(3) applies. vulnerable adult complainant has the meaning given by section 15YAA. vulnerable adult proceeding means a proceeding to which subsection 15Y(2) applies. 19 After section 15YA Insert: 15YAA Vulnerable adult complainants (1) A vulnerable adult complainant, in relation to a vulnerable adult proceeding, is an adult who is, or is alleged to be, a victim of an offence, of a kind referred to in subsection 15Y(2), to which the proceeding relates. (2) However, the adult is not a vulnerable adult complainant if the adult informs the court that he or she does not wish to be treated as such a complainant. (3) A vulnerable adult complainant need not be involved in the vulnerable adult proceeding or the initiation of that proceeding. 15YAB Special witnesses Meaning of special witness (1) In a proceeding for a Commonwealth offence, the court may declare a person to be a special witness in relation to the proceeding if satisfied that the person is unlikely to be able to satisfactorily give evidence in the ordinary manner because of: (a) a disability; or (b) intimidation, distress or emotional trauma arising from: (i) the person's age, cultural background or relationship to a party to the proceeding; or (ii) the nature of the evidence; or (iii) some other relevant factor. Note: Such a declaration can also be made in a related proceeding (see subsection 15Y(5)). (2) A declaration under subsection (1) may be made on the court's own initiative or on application by or on behalf of a party to the proceeding. Orders that certain protections apply to a special witness (3) In a special witness proceeding, the court may order that one or more of the following sections apply to a special witness: (a) section 15YG (about unrepresented defendants); (b) section 15YH (about represented defendants); (c) section 15YI (about closed‑circuit television); (d) section 15YL (about alternative arrangements); (e) section 15YM (about use of video recordings); (f) section 15YO (about accompanying adults); (g) section 15YP (about excluding people from the courtroom). (4) An order under subsection (3) may be made on the court's own initiative or on application by or on behalf of the special witness. 20 Subsections 15YB(1) and 15YC(1) Omit "a proceeding", substitute "a child proceeding". 21 Subsection 15YE(1) Repeal the subsection, substitute: (1) The court must disallow a question put to a person in cross‑examination in a proceeding if: (a) the question is inappropriate or unnecessarily aggressive; and (b) the person is a person to whom subsection (3) applies. 22 Subsection 15YE(2) Omit "child witness'", substitute "person's". 23 At the end of section 15YE Add: (3) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness. 24 Subsection 15YF(1) Omit "a proceeding", substitute "a child proceeding". 25 Section 15YG (heading) Omit "child witnesses", substitute "vulnerable persons". 26 Subsection 15YG(1) Omit "child witness (other than a child complainant)", substitute "person to whom subsection (1A) applies (the vulnerable person)". 27 After subsection 15YG(1) Insert: (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness (other than a child complainant); (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. 28 Subsection 15YG(2) Omit "unless satisfied that the child's", substitute "under subsection (1) unless satisfied that the vulnerable person's". 29 Before paragraph 15YG(4)(a) Insert: (aa) if the vulnerable person is a vulnerable adult complainant—may be made by or on behalf of the defendant or the vulnerable person; and 30 Subsection 15YG(5) Omit "child" (wherever occurring), substitute "vulnerable person". 31 Section 15YH (heading) Omit "child witnesses and child complainants", substitute "vulnerable persons". 32 Section 15YH Before "A", insert "(1)". 33 Section 15YH Omit "a child witness or a child complainant except through counsel", substitute ", except through counsel, a person to whom subsection (2) applies". 34 At the end of section 15YH Add: (2) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. 35 Division 4 of Part IAD (heading) Omit "child witnesses", substitute "vulnerable persons". 36 Subsection 15YI(1) Omit "A child witness' evidence in a proceeding", substitute "Evidence in a proceeding from a person to whom subsection (1A) applies (the vulnerable person)". 37 Paragraphs 15YI(1)(a) and (b) Omit "child", substitute "vulnerable person". 38 Subsection 15YI(1) (note) Omit "child witness", substitute "vulnerable person". 39 After subsection 15YI(1) Insert: (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. 40 Subsection 15YI(2) Omit "child witness'", substitute "vulnerable person's". 41 Subsection 15YJ(1) Omit "child witness' evidence", substitute "vulnerable person's evidence". 42 Paragraph 15YJ(1)(c) Omit "child" (wherever occurring), substitute "vulnerable person". 43 Subsection 15YJ(2) Omit "15YM", substitute "15YO (about accompanying adults)". 44 Section 15YK Omit "the child witness' evidence", substitute "the vulnerable person's evidence". 45 Section 15YK Omit "child" (second and third occurring), substitute "vulnerable person". 46 Subsection 15YL(1) Omit "a child witness' evidence in a proceeding", substitute "evidence in a proceeding from a person to whom subsection (3) applies". 47 Paragraphs 15YL(1)(a) and (b) Omit "child", substitute "person". 48 Subparagraph 15YL(2)(b)(ii) Omit "child's", substitute "person's". 49 Subsection 15YL(3) Repeal the subsection, substitute: Persons to whom these alternative arrangements apply (3) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section; unless that person is at least 16 and chooses not to give evidence under the arrangements. 50 Subsection 15YM(1) Omit "child witness", substitute "person to whom subsection (1A) applies". 51 After subsection 15YM(1) Insert: (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section; 52 Subsection 15YM(2) Omit "if satisfied that it is not in the interest of justice for the child's", substitute "under subsection (1) if satisfied that it is not in the interest of justice for the person's". 53 Subsection 15YM(4) Omit "child witness", substitute "person". 54 Subsection 15YN(1) Omit "child witness", substitute "person". 55 Paragraph 15YN(2)(a) Omit "child witness if the child", substitute "person if the person". 56 After Division 5 of Part IAD Insert: Division 5A—Special rules for later trials 15YNA When this Division applies This Division applies if a proceeding (the original proceeding) involving the trial of one or more defendants: (a) concludes and, on appeal, a new proceeding involving the trial of any or all of the defendants is ordered; or (b) is discontinued and a new proceeding involving the trial of any or all of the defendants is ordered. 15YNB Original evidence admissible in new proceeding (1) For the new proceeding, the prosecutor may prepare a record of all the evidence given by any person to whom subsection (4) applies (the vulnerable person) in the original proceeding if: (a) the record is in a form, and is authenticated in a way, prescribed under subsection (5); and (b) the prosecutor gives written notice to the court, and to the defendants in the new proceeding, of the prosecutor's intention to tender that record as evidence in the new proceeding; and (c) that notice is so given: (i) at least 21 days before the court commences hearing the new proceeding; or (ii) within such other period as the court allows. Note: The record would include all the evidence given in the original proceeding by the vulnerable person (whether evidence on examination in chief, on cross‑examination or on re‑examination). (2) However, the prosecutor may alter or edit that record with the agreement of each defendant in the new proceeding. (3) Both of the following are admissible as evidence in the new proceeding: (a) a record of evidence prepared under subsection (1) and (2); (b) the exhibits tendered in the original proceeding in connection with that evidence. (4) This subsection applies to the following persons: (a) if the original proceeding was a child proceeding—a child complainant; (b) if the original proceeding was a vulnerable adult proceeding—a vulnerable adult complainant. (5) The Minister may, in writing, prescribe the form, and ways for authenticating, records prepared under subsection (1). 15YNC Vulnerable person not to be made to give further evidence (1) A vulnerable person whose evidence is included in a record admitted under section 15YNB need not give any further evidence in the new proceeding unless the court orders that this is necessary: (a) to clarify the vulnerable person's evidence given in the original proceeding; or (b) to give proper consideration of information or material that has become available since the original proceeding; or (c) in the interests of justice. Note: This subsection covers further evidence that could otherwise be given on examination in chief, on cross‑examination or on re‑examination. (2) If the court makes an order under subsection (1), the court is to ensure that the vulnerable person is questioned in the new proceeding only about the matters specified in the order. (3) An order under subsection (1) may be made on the court's own initiative or on application by or on behalf of a party to the new proceeding. (4) Despite subsection (1), the vulnerable person may seek leave of the court to give further evidence in the new proceeding. Subsections (1) and (2) cease to apply to the person if leave is given. 15YND Defendants' access to video recordings (1) If a record prepared under subsections 15YNB(1) and (2) includes a video recording, neither: (a) the defendants in the new proceeding; nor (b) their legal representatives in the new proceeding; are entitled to be given the video recording or a copy of it. (2) However, they must be given reasonable access to the video recording in order to view it. Note: This may require access on more than one occasion. 15YNE Warnings etc. not to be given about vulnerable persons' evidence If there is a jury in the new proceeding, the judge is not to warn the jury, or suggest to the jury in any way, that the law requires greater or lesser weight to be given to evidence that is included in a record admitted under section 15YNB. 15YNF Division applies despite other rules of evidence This Division has effect despite the Evidence Act 1995, any other law and any other rules of evidence or procedure. 57 Section 15YO (heading) Omit "child witnesses", substitute "vulnerable persons". 58 Subsection 15YO(1) Omit "child witness", substitute "person to whom subsection (1A) applies". 59 Subsection 15YO(1) Omit "child" (second and third occurring), substitute "person". 60 After subsection 15YO(1) Insert: (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section; 61 Subsection 15YO(2) Omit "so chosen", substitute "chosen under subsection (1)". 62 Subsections 15YO(2) and (3) Omit "child" (wherever occurring), substitute "person". 63 Subsection 15YO(4) Omit "child" (first occurring), substitute "person". 64 Paragraph 15YO(4)(a) Omit "child or otherwise influence the child's", substitute "person or otherwise influence the person's". 65 Paragraph 15YO(4)(b) Omit "child", substitute "person". 66 Subsection 15YO(5) Omit "child", substitute "person". 67 Section 15YP Repeal the section, substitute: 15YP Excluding people from the courtroom The court may order that some or all of the members of the public be excluded from the courtroom in which any of the following persons is giving evidence in a proceeding: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section. 68 Section 15YQ (heading) Omit "children's", substitute "vulnerable persons'". 69 Section 15YQ Before "If", insert "(1)". 70 Section 15YQ Omit "child witness", substitute "person to whom subsection (2) applies". 71 Paragraph 15YQ(a) Repeal the paragraph, substitute: (a) that the law regards persons to whom subsection (2) applies as an unreliable class of witness; or 72 Paragraph 15YQ(d) Omit "child", substitute "person". 73 At the end of section 15YQ Add: (2) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant; (c) for a special witness proceeding—a special witness. 74 Section 15YR (heading) Omit "child complainants", substitute "vulnerable adult complainants". 75 Paragraph 15YR(1)(c) Repeal the paragraph, substitute: (c) the matter: (i) identifies another person, who is a person to whom subsection (1A) applies (the vulnerable person) in relation to a proceeding, as being a child witness or vulnerable adult complainant; or (ii) is likely to lead to the vulnerable person being identified as such a person; and (d) the vulnerable person is not a defendant in the proceeding. 76 After subsection 15YR(1) Insert: (1A) This subsection applies to the following persons: (a) for a child proceeding—a child witness; (b) for a vulnerable adult proceeding—a vulnerable adult complainant. 77 Paragraphs 15YR(4)(a) and (b) Omit "child witness or child complainant", substitute "vulnerable person". 78 Section 15YT Repeal the section, substitute: 15YT Other video link evidence provisions are unaffected Nothing in this Part affects the operation of Division 279 of the Criminal Code (about video link evidence in offences against humanity). Criminal Code Act 1995 79 At the end of subsection 270.12(1) of the Criminal Code Add: Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division. 80 At the end of subsection 271.12(1) of the Criminal Code Add: Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division. 81 At the end of section 272.7 of the Criminal Code Add: Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division. 82 Subdivision D of Division 272 of the Criminal Code Repeal the Subdivision. 83 At the end of section 273.4 of the Criminal Code Add: Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division. 84 Subdivision D of Division 273 of the Criminal Code Repeal the Subdivision. 85 At the end of Chapter 8 of the Criminal Code Add: Division 279—Video link evidence 279.1 Proceedings to which this Division applies This Division applies to a proceeding for an offence against any of the following Divisions of this Chapter: (a) Division 270 (slavery and slavery‑like conditions); (b) Division 271 (trafficking in persons and debt bondage); (c) Division 272 (child sex offences outside Australia); (d) Division 273 (offences involving child pornography material or child abuse material outside Australia). 279.2 When court may take evidence by video link In a proceeding, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if: (a) the witness will give the evidence from outside Australia; and (b) the witness is not a defendant in the proceeding; and (c) the facilities required by section 279.3 are available or can reasonably be made available; and (d) the court is satisfied that attendance of the witness at the court to give the evidence would: (i) cause unreasonable expense or inconvenience; or (ii) cause the witness psychological harm or unreasonable distress; or (iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and (e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link. 279.3 Technical requirements for video link (1) A witness can give evidence under a direction only if: (a) the courtroom or other place in Australia where the court is sitting (the Australian location); and (b) the place where the evidence is given (the overseas location); are equipped with video facilities that: (c) enable appropriate persons at the Australian location to see and hear the witness give the evidence; and (d) enable appropriate persons at the overseas location to see and hear appropriate persons at the Australian location. (2) In subsection (1): appropriate persons means such persons as the court considers appropriate. 279.4 Application of laws about witnesses A person who gives evidence under a direction is taken to give it at the courtroom or other place in Australia where the court is sitting. Note: This section has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury. 279.5 Administration of oaths and affirmations An oath or affirmation to be sworn or made by a witness who is to give evidence under a direction may be administered either: (a) by means of the video link, in as nearly as practicable the same way as if the witness were to give the evidence at the courtroom or other place in Australia where the court is sitting; or (b) as follows: (i) on behalf of the court and as directed by it; (ii) by a person (whether an Australian official or not) authorised by the court; (iii) at the place where the witness is to give the evidence. 279.6 Expenses A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a direction by the court under this Division. 279.7 Other laws about foreign evidence not affected This Division does not prevent any other law about taking evidence of a witness outside Australia from applying for the purposes of a proceeding. Part 2—Victim impact statements Crimes Act 1914 86 Subsection 16(1) Insert: family has a meaning affected by subsection 16A(4). 87 Subsection 16(1) Insert: harm includes: (a) physical, psychological and emotional suffering; and (b) economic and other loss; and (c) damage. 88 Subsection 16(1) Insert: victim impact statement has the meaning given by section 16AAA. 89 At the end of Division 1 of Part IB Add: 16AAA Victim impact statements (1) A victim impact statement, for an individual who is a victim of an offence, is an oral or written statement for which the following requirements are satisfied: (a) the statement must be made by one of the following: (i) the individual; (ii) if the court gives leave, a member of the individual's family; (iii) a person appointed by the court; (b) the statement must describe the impact of the offence on the victim, including details of the harm suffered by the victim as a result of the offence; (c) if the statement is written, the statement must be: (i) signed or otherwise acknowledged by the maker of the statement; and (ii) given to both the prosecutor and the offender (or the offender's legal representative) at a reasonable time before the hearing for determining the sentence to be passed on the offender; (d) if the statement is to be oral, a written or oral summary of the statement must be given to both the prosecutor and the offender (or the offender's legal representative) at a reasonable time before the hearing for determining the sentence to be passed on the offender. (2) However, the court may order that the requirement in paragraph (