Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 41 of 1984 as amended
This compilation was prepared on 9 May 2012
taking into account amendments up to Act No. 24 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Repeal ................................................................................................. 1
4............ Interpretation [see Note 2] ................................................................... 1
4A......... When a State offence has a federal aspect ........................................... 9
5............ Act to bind Crown ............................................................................ 13
6............ Extension to external Territories ........................................................ 13
6A......... Application of the Criminal Code ..................................................... 13
Part II--The Australian Crime Commission (the ACC) 14
Division 1--Establishment and functions of the Australian Crime Commission, the Board and the Inter-Governmental Committee 14
Subdivision A--The Australian Crime Commission 14
7............ Establishment of the Australian Crime Commission ......................... 14
7A......... Functions of the ACC ....................................................................... 14
Subdivision B--The Board of the ACC 15
7B......... Establishment of the Board ............................................................... 15
7C......... Functions of the Board ...................................................................... 15
7D......... Board meetings ................................................................................. 17
7E.......... Presiding at Board meetings .............................................................. 17
7F.......... Quorum at Board meetings ............................................................... 18
7G......... Voting at Board meetings .................................................................. 18
7H......... Conduct of Board meetings ............................................................... 18
7J.......... Resolutions outside of Board meetings ............................................. 19
7K......... Board committees .............................................................................. 19
Subdivision C--The Inter-Governmental Committee 20
8............ Establishment and constitution of Inter-Governmental Committee .... 20
9............ Functions of Committee .................................................................... 22
Division 1A--Performance of functions and exercise of powers 25
12.......... Performance of functions .................................................................. 25
16.......... Limitation on challenge to Board determination ................................ 26
17.......... Co-operation with law enforcement agencies and co-ordination with overseas authorities 26
18.......... Directions and guidelines to Board ................................................... 27
19.......... Incidental powers of ACC ................................................................ 27
19A....... Examiner may request information from agencies ............................. 27
20.......... Examiner may require information from agencies in certain cases .... 32
20A....... Arrangements for an examiner to obtain information etc. from State agencies 33
21.......... Arrangements for Board to obtain information or intelligence .......... 35
22.......... Search warrants ................................................................................. 35
23.......... Application by telephone for search warrants ................................... 38
24.......... Order for delivery to examiner of passport of witness ...................... 39
24AA.... Use of and sharing returnable items .................................................. 41
24AB.... When returnable items must be returned ........................................... 43
24AC.... Issuing officer may permit a returnable item to be retained, forfeited etc. 44
Division 2--Examinations 46
24A....... Examinations ..................................................................................... 46
25A....... Conduct of examination .................................................................... 46
26.......... Reimbursement of expenses .............................................................. 49
27.......... Legal and financial assistance ............................................................ 49
28.......... Power to summon witnesses and take evidence ................................ 50
29.......... Power to obtain documents ............................................................... 51
29A....... Disclosure of summons or notice etc. may be prohibited .................. 53
29B....... Offences of disclosure ...................................................................... 55
30.......... Failure of witnesses to attend and answer questions ......................... 57
31.......... Warrant for arrest of witness ............................................................. 59
33.......... False or misleading evidence ............................................................. 61
34.......... Protection of witnesses etc. ............................................................... 61
34A....... Contempt of the ACC ....................................................................... 62
34B....... Federal Court or Supreme Court to deal with contempt .................... 62
34C....... Conduct of contempt proceedings ..................................................... 63
34D....... Person in contempt may be detained ................................................. 64
34E........ Examiner may withdraw contempt application .................................. 65
34F........ Relationship with section 12 ............................................................. 65
35.......... Obstructing or hindering the ACC or an examiner etc. ..................... 65
35A....... Double jeopardy ................................................................................ 66
36.......... Protection of examiners etc. .............................................................. 66
Division 3--Administrative provisions 67
Subdivision A--Chief Executive Officer 67
37.......... Appointment of CEO ........................................................................ 67
38.......... Remuneration and allowances of CEO .............................................. 67
39.......... Leave of absence ............................................................................... 67
40.......... Resignation ....................................................................................... 68
41.......... Disclosure of interests ....................................................................... 68
42.......... Outside employment ......................................................................... 68
43.......... Suspension of appointment ............................................................... 68
44.......... Termination of appointment .............................................................. 69
45.......... Other terms and conditions ............................................................... 70
46.......... Acting CEO ...................................................................................... 70
46A....... CEO to manage ACC etc. ................................................................. 71
Subdivision B--Examiners 71
46B....... Appointment of examiners ................................................................ 71
46C....... Remuneration and allowances of examiners ...................................... 72
46D....... Leave of absence ............................................................................... 72
46E........ Resignation ....................................................................................... 73
46F........ Disclosure of interests ....................................................................... 73
46G....... Outside employment ......................................................................... 73
46H....... Termination of appointment .............................................................. 73
46J........ Other terms and conditions--general ................................................ 75
Subdivision C--Staff etc. 75
47.......... Staff .................................................................................................. 75
47A....... Termination of employment of member of staff for serious misconduct 75
48.......... Employment of consultants etc. ......................................................... 77
49.......... Staff to be seconded to ACC ............................................................. 77
50.......... Counsel assisting ACC ..................................................................... 78
Subdivision D--Secrecy 78
51.......... Secrecy .............................................................................................. 78
Part IV--Miscellaneous 80
55A....... Operation of State laws--investigation of offences against State laws 80
55B....... Choice of Commonwealth and State powers ..................................... 85
55C....... No obligation to perform duties etc. in relation to a relevant criminal activity that is not a federally relevant criminal activity ............................................................................................... 85
55D....... Transition from NCA to ACC .......................................................... 86
57.......... Application of Administrative Decisions (Judicial Review) Act ....... 87
58.......... Administrative arrangements with States .......................................... 88
59.......... Providing reports and information to members of
Parliament...............
[see Note 2]
....................................................................................... 88
59A....... Delegation ......................................................................................... 90
59B....... Liability for damages ......................................................................... 91
60.......... Public meetings and bulletins [see Note 2] ........................................ 91
61.......... Annual report .................................................................................... 91
61A....... Review of operation of Act ............................................................... 93
62.......... Regulations ....................................................................................... 93
Schedule 1--Prescribed provisions 94
Schedule 2--Certain bodies not subject to section 19A 95
Notes 97
Notes to
the
Australian Crime Commission Act 2002 Note 1 The Australian Crime Commission Act 2002 as shown in this
compilation comprises Act No. 41, 1984 amended as indicated in the Tables
below. For application, saving or transitional provisions made by the
Freedom of Information Amendment (Reform) Act 2010, see Act No. 51,
2010. All relevant information pertaining to application, saving or
transitional provisions prior to 30 May 2000 is not included in this compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
41, 1984 |
15 June 1984 |
1 July 1984 (see Gazette 1984, No. S245) |
|
|
|
123, 1984 |
19 Oct 1984 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
165, 1984 |
25 Oct 1984 |
S. 3: (a) |
||
|
National Crime Authority (Miscellaneous Amendments) Act 1985 |
104, 1985 |
16 Oct 1985 |
S. 14(1): 1 July 1984 |
-- |
|
193, 1985 |
16 Dec 1985 |
S. 3: Royal Assent (b) |
||
|
89, 1987 |
5 June 1987 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
as amended by |
|
|
|
|
|
120, 1987 |
16 Dec 1987 |
-- |
||
|
141, 1987 |
18 Dec 1987 |
S. 3: Royal Assent (d) |
||
|
65, 1988 |
15 June 1988 |
Ss. 9-11: 1 Sept 1988 (see s. 2(2), (3) and Gazette 1988, No. S256) |
-- |
|
|
66, 1988 |
15 June 1988 |
-- |
||
|
Commonwealth Employees' Rehabilitation and Compensation Act 1988 |
75, 1988 |
24 June 1988 |
Ss. 1 and 2: Royal Assent |
-- |
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
110, 1988 |
9 Dec 1988 |
9 Dec 1988 |
||
|
108, 1989 |
30 June 1989 |
-- |
||
|
4, 1990 |
17 Jan 1990 |
-- |
||
|
118, 1990 |
28 Dec 1990 |
S. 62: (h) |
-- |
|
|
28, 1991 |
4 Mar 1991 |
S. 74(1): Royal Assent (i) |
-- |
|
|
70, 1991 |
25 June 1991 |
(j) |
-- |
|
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
||
|
123, 1991 |
23 Aug 1991 |
Part 8 (ss. 35-37): 6 Dec 1991 (see Gazette 1991, No. S330) (k) |
-- |
|
|
209, 1991 |
24 Dec 1991 |
21 Jan 1992 |
-- |
|
|
44, 1992 |
11 June 1992 |
11 June 1992 |
-- |
|
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992 |
94, 1992 |
30 June 1992 |
-- |
|
|
Snowy Mountains Engineering Corporation Limited Sale Act 1993 |
54, 1993 |
27 Oct 1993 |
Ss. 5-36 and |
-- |
|
88, 1993 |
30 Nov 1993 |
Part 1 (ss. 1-4), ss. 7 and 47: Royal Assent |
-- |
|
|
136, 1995 |
5 Dec 1995 |
(l) |
-- |
|
|
161, 1995 |
16 Dec 1995 |
Schedule (item 53): (m) |
-- |
|
|
43, 1996 |
25 Oct 1996 |
Schedule 4 (item 99) and Schedule 5 (items 87-89): Royal Assent (n) |
-- |
|
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 19 (item 31): Royal Assent (o) |
-- |
|
67, 1997 |
5 June 1997 |
Schedule 2 (item 9): 22 Apr 2011 (see F2011L00637) (p) |
-- |
|
|
96, 1997 |
30 June 1997 |
Schedule 4 (item 7): 1 Nov 2000 (see Gazette 2000, No. S562) (q) |
-- |
|
|
118, 1999 |
22 Sept 1999 |
22 Sept 1999 |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 620-622): 5 Dec 1999 (see Gazette 1999, No. S584) (r) |
-- |
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 44-46): (s) |
-- |
|
194, 1999 |
23 Dec 1999 |
Schedule 20: 23 Dec 1999 (t) |
-- |
|
|
195, 1999 |
23 Dec 1999 |
Schedule 1: 1 July 1984 (u) |
-- |
|
|
57, 2000 |
30 May 2000 |
Schedule 1 (items 70-76): 1 July 2000 (see Gazette 2000, No. GN25) (v) |
Sch. 1 (item 76) [see Table A] |
|
|
133, 2000 |
24 Nov 2000 |
24 Nov 2000 |
Sch. 1 (items |
|
|
Financial Sector (Collection of Data--Consequential and Transitional Provisions) Act 2001 |
121, 2001 |
24 Sept 2001 |
Ss. 1-3: Royal Assent |
-- |
|
135, 2001 |
1 Oct 2001 |
Schedules 1-7 and 9-12: 12 Oct 2001 (see
Gazette 2001, No. S428) |
Sch. 1 (items 17, 51,
59) |
|
|
as amended by |
|
|
|
|
|
125, 2002 |
10 Dec 2002 |
Schedule 2 (items 78-83): 1 Jan 2003 |
-- |
|
|
136, 2001 |
1 Oct 2001 |
Schedule 1 (item 52): 12 Oct 2001 (see Gazette 2001, No. S428) (w) |
-- |
|
|
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 |
159, 2001 |
1 Oct 2001 |
29 Oct 2001 |
Sch. 1 (item 97) [see Table A] |
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
Ss. 1-3: Royal Assent |
-- |
|
as amended by |
|
|
|
|
|
125, 2002 |
10 Dec 2002 |
Schedule 3 (items 15, 16): (see 125, 2002 below) |
-- |
|
|
105, 2002 |
14 Nov 2002 |
Schedule 3 (item 56): 12 May 2003 (see Gazette 2002, No. GN49) |
-- |
|
|
125, 2002 |
10 Dec 2002 |
Schedule 1: 1 Jan 2003 |
Sch. 1 (items |
|
|
28, 2003 |
15 Apr 2003 |
Schedule 1 (item 2): 16 Apr 2003 |
-- |
|
|
134, 2003 |
17 Dec 2003 |
Schedules 1 and 2: 1 Mar 2004 (see Gazette
2004, No. GN8) |
-- |
|
|
30, 2004 |
2 Apr 2004 |
Schedule 1 (item 17): (y) |
-- |
|
|
62, 2004 |
26 May 2004 |
Schedule 1 (items 6-9): 27 May 2004 |
-- |
|
|
40, 2006 |
3 May 2006 |
Schedule 1 (items 11, 12): 13 June 2006 (see F2006L01623) |
-- |
|
|
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 |
84, 2006 |
30 June 2006 |
Schedule 3 (item 2): 30 Dec 2006 (see s. 2(1)) |
-- |
|
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 |
86, 2006 |
30 June 2006 |
Schedule 1 (item 3): 30 Dec 2006 (see s. 2(1)) |
-- |
|
8, 2007 |
15 Mar 2007 |
Schedule 1 (item 1): (z) |
-- |
|
|
128, 2007 |
17 Aug 2007 |
S. 3 and Sch. 2 (items 12, 31, 33) |
||
|
as amended by |
|
|
|
|
|
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 |
93, 2010 |
29 June 2010 |
Schedule 1 (items 1, 4): 31 Dec 2010 |
Sch. 1 (item 4) [see Table A] |
|
168, 2007 |
28 Sept 2007 |
Schedule 1 (items 1-12): 29 Sept 2007 |
Sch. 1 (items |
|
|
26, 2008 |
23 June 2008 |
Schedule 1 (items 17-22): Royal Assent |
-- |
|
|
33, 2009 |
22 May 2009 |
Schedule 2 (items 6, 7): 23 May 2009 |
-- |
|
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 5-7, 83): (zb) |
Sch. 5 (item 83) [see Table A] |
|
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 |
70, 2009 |
8 July 2009 |
Schedule 3 (item 14): 5 Aug 2009 |
-- |
|
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 |
4, 2010 |
19 Feb 2010 |
Schedule 7 (items 1-22, |
Sch. 7 (items |
|
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 |
42, 2010 |
14 Apr 2010 |
Schedule 1 (item 61): 15 Apr 2010 |
-- |
|
51, 2010 |
31 May 2010 |
Schedule 6 (item 42) and Schedule 7: (zc) |
Sch. 7 [see Note 1] |
|
|
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 |
93, 2010 |
29 June 2010 |
Schedule 7: 1 July 2010 |
Sch. 7 (item 2) [see Table A] |
|
National Security Legislation Amendment Act 2010 |
127, 2010 |
24 Nov 2010 |
Schedule 10 (items 4-7): 25 Nov 2010 |
Sch. 10 (item 7) [see Table A] |
|
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 |
145, 2010 |
16 Dec 2010 |
Schedule 2 (items 5, 6): 17 Dec 2010 |
-- |
|
Crimes Legislation Amendment Act 2011 |
2, 2011 |
2 Mar 2011 |
Schedule 1 (items 1-4, 8) and Schedule 2: Royal Assent |
Sch. 1 (items 3, 8) and Sch. 2 (items 2, 4, 6, 18) [see Table A] |
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 139-141) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 |
58, 2011 |
28 June 2011 |
Schedule 1 (items 12-14): (zd) |
-- |
|
Crimes Legislation Amendment (Powers and Offences) Act 2012 |
24, 2012 |
4 Apr 2012 |
Schedule 2 (items 1-16) and Schedule 3: 5 Apr
2012 |
Sch. 2 (items 16, 29) and Sch. 3 (item 11) [see Table A] |
(a) The Australian Crime Commission Act 2002 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(14) of which provides as follows:
(14) The amendments of the National Crime Authority Act 1984 made by this Act shall be deemed to have come into operation on 1 July 1984.
(b) The Australian Crime Commission Act 2002 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(c) The Telecommunications (Interception) Amendment Act 1987 was amended by Part X (sections 53 and 54) only of the Crimes Legislation Amendment Act 1987, subsection 2(3) of which provides as follows:
(3) Sections 53, 54, 55 and 59 shall come into operation on the day on which this Act receives the Royal Assent.
(d) The Australian Crime Commission Act 2002 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(e) The Australian Crime Commission Act 2002 was amended by sections 20-22 only of the Crimes Legislation Amendment Act (No. 2) 1988, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 3, 12, 20, 21, 22 and 23 commence on the day on which this Act receives the Royal Assent.
(f) The Australian Crime Commission Act 2002 was amended by Part 8 (sections 36-43) only of the Crimes Legislation Amendment Act 1989, subsection 2(4) of which provides as follows:
(4) Part 8 commences on 1 July 1989.
(g) The Australian Crime Commission Act 2002 was amended by Part 4 (sections 54 and 55) only of the Crimes Legislation Amendment Act (No. 2) 1989, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 36, 37, 38, 46, 47, 51, 52 and 53, subsection 50(2), and Part 4, commence on the day on which this Act receives the Royal Assent.
(h) The Australian Crime Commission Act 2002 was amended by section 62 only of the Commonwealth Banks Restructuring Act 1990, subsection 2(3) of which provides as follows:
(3) Each of the remaining provisions of this Act commences on a day, or at a time, fixed by Proclamation in relation to the provision concerned.
Section 62 in so far as it relates to the Australian Crime Commission Act 2002 commences immediately after section 20.
Section 20 commences on 17 April 1991 (see Gazette 1991, No. S72).
(i) The Australian Crime Commission Act 2002 was amended by subsection 74(1) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(j) Section 2 of the Social Security (Rewrite) Transition Act 1991 provides as follows:
2. This Act commences immediately after the Social Security Act 1991 commences.
The Social Security Act 1991 came into operation on 1 July 1991.
(k) The Australian Crime Commission Act 2002 was amended by Part 8 (sections 35-37) only of the Crimes Legislation Amendment Act (No. 2) 1991, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) and (5), section 51 and Part 8 commence on a day or days to be fixed by Proclamation.
(l) The ANL Sale Act 1995 was repealed by section 79 of the Act before coming into operation.
(m) The Australian Crime Commission Act 2002 was amended by the Schedule (item 53) only of the Commonwealth Bank Sale Act 1995, subsection 2(2) of which provides as follows:
(2) Part 3, and all the items of the Schedule (except items 1, 12, 16, 17, 21, 22, 23, 26, 27, 31, 37 and 48), commence at the transfer time.
The transfer time occurred on 19 July 1996.
(n) The Australian Crime Commission Act 2002 was amended by Schedule 4 (item 99) and Schedule 5 (items 87-89) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(o) The Australian Crime Commission Act 2002 was amended by Schedule 19 (item 31) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(p) The Australian Crime Commission Act 2002 was amended by Schedule 2 (item 9) only of the AIDC Sale Act 1997, subsection 2(2) of which provides as follows:
(2) Schedule 2 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor-General a written certificate stating that the Minister is satisfied that the Australian Industry Development Corporation has no assets and no liabilities.
(q) The Australian Crime Commission Act 2002 was amended by Schedule 4 (item 7) only of the Australian National Railways Commission Sale Act 1997, subsection 2(5) of which provides as follows:
(5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).
(r) The Australian Crime Commission Act 2002 was amended by Schedule 1 (items 620-622) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(s) The Australian Crime Commission Act 2002 was
amended by Schedule 3 (items 1 and
44-46) only of the Australian Security Intelligence Organisation Legislation
Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) This Act (other than Schedule 3) commences on the day on which it receives the Royal Assent.
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.
The other Schedules to this Act commenced on 10 December 1999.
(t) The Australian Crime Commission Act 2002 was amended by Schedule 20 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(u) Subsection 2(2) of the National Crime Authority Amendment Act 1999 provides as follows:
(2) The amendment made as set out in Schedule 1 is taken to have commenced on 1 July 1984, immediately after the commencement of the amendments of the National Crime Authority Act 1984 that were made as set out in Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984.
(v) The Australian Crime Commission Act 2002 was amended by Schedule 1 (items 70-75) only of the Jurisdiction of Courts Legislation Amendment Act 2000, subsection 2(2) of which provides as follows:
(2) The items in Schedule 1, other than items 77 to 90, commence on a day or days to be fixed by Proclamation.
(w) The Australian Crime Commission Act 2002 was amended by Schedule 1 (item 52) only of the Measures to Combat Serious and Organised Crime Act 2001, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), Schedules 1 and 2 commence on a day or days to be fixed by Proclamation.
(x) Subsections 2(1) (items 8 and 9) and (4) of the Australian Crime Commission Establishment Act 2002 provide as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 3, items 7 to 14 |
Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4) |
1 January 2003 |
|
9. Schedule 3, items 15 and 16 |
Immediately before the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4) |
1 January 2003 |
(4) If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, the provisions covered by items 8, 9 and 10 of the table do not commence at all.
(y) Subsection 2(1) (item 3) of the Australian Crime Commission Amendment Act 2004 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 17 |
Immediately after the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002. |
1 January 2003 |
(z) Subsection 2(1) (item 2) of the Statute Law Revision Act 2007 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, item 1 |
Immediately after the commencement of item 5 of Schedule 1 to the Surveillance Devices Act 2004. |
15 December 2004 |
(za) Subsection 2(1) (item 4) of the Australian Crime Commission Amendment Act 2007 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
4. Schedule 1, Part 2 |
The later of: (a) the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 32 of Schedule 3 to the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
Does not commence |
(zb) Subsection 2(1) (item 11) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
11. Schedule 5, items 1 to 30 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 |
(zc) Subsection 2(1) (item 7) of the Freedom of Information Amendment (Reform) Act 2010 provides as follows:
(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.
|
Provision(s) |
Commencement |
Date/Details |
|
7. Schedules 4 to 7 |
Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. |
1 November 2010 |
(zd) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:
(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.
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Provision(s) |
Commencement |
Date/Details |
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2. Schedules 1 and 2 |
Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. |
1 July 2011 |
Table of Amendments
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ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
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Provision affected |
How affected |
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Title..................................... |
am. No. 125, 2002 |
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Part I |
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am. No. 125, 2002 |
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am. No. 104, 1985; No. 141, 1987; No. 110, 1988; No. 108, 1989; No. 123, 1991; No. 44, 1992; No. 133, 2000; No. 135, 2001; No. 86, 2002 (as rep. by No. 125, 2002); No. 125, 2002; No. 128, 2007; No. 33, 2009; Nos. 4, 42 and 93, 2010; Nos. 2 and 58, 2011; No. 24, 2012 |
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ad. No. 133, 2000 |
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am. No. 125, 2002; No. 4, 2010 |
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rs. No. 128, 2007 |
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ad. No. 135, 2001 |
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Part II |
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Heading to Part II.............. |
rs. No. 125, 2002 |
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Division 1 |
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Heading to Div. 1 of Part II........................................ |
rs. No. 125, 2002 |
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Subdivision A |
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Subdiv. A of Div. 1 of......... |
ad. No. 125, 2002 |
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am. No. 110, 1988; No. 123, 1991; No. 44, 1992; No. 133, 2000; No. 135, 2001 |
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rs. No. 125, 2002 |
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ad. No. 125, 2002 |
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Subdivision B |
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Subdiv. B of Div. 1 of......... |
ad. No. 125, 2002 |
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ad. No. 125, 2002 |
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am. No. 33, 2009; No. 4, 2010 |
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ad. No. 125, 2002 |
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am. No. 128, 2007; No. 4, 2010 |
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ad. No. 125, 2002 |
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ad. No. 125, 2002 |
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Subdivision C |
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Heading to Subdiv. C of... |
ad. No. 125, 2002 |
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am. No. 44, 1992; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
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am. No. 165, 1984; No. 110, 1988; No. 133, 2000 |
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rs. No. 125, 2002 |
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S. 10.................................... |
am. No. 165, 1984; No. 133, 2000 |
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rep. No. 125, 2002 |
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S. 11.................................... |
am. No. 133, 2000 |
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rep. No. 125, 2002 |
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Division 1A |
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Heading to Div. 1A of........ |
ad. No. 125, 2002 |
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am. No. 165, 1984; No. 28, 1991; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 86, 2002 (as rep. by No. 125, 2002); No. 125, 2002 |
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Note to s. 12(1).................. |
ad. No. 125, 2002 |
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Ss. 13, 14............................ |
am. No. 110, 1988; No. 133, 2000 |
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rep. No. 125, 2002 |
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Note to s. 14(1).................. |
ad. No. 133, 2000 |
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rep. No. 125, 2002 |
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Heading to s. 15................ |
am. No. 125, 2002 |
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rep. No. 30, 2004 |
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S. 15.................................... |
am. No. 43, 1996; No. 133, 2000; No. 125, 2002 |
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rep. No. 30, 2004 |
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rs. No. 125, 2002 |
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am. No. 104, 1985; No. 125, 2002 |
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Heading to s. 18................ |
am. No. 125, 2002 |
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am. No. 125, 2002 |
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Heading to s. 19................ |
am. No. 125, 2002 |
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am. No. 125, 2002 |
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Heading to s. 19A.............. |
am. No. 125, 2002; No. 128, 2007 |
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ad. No. 104, 1985 |
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am. No. 89, 1987; No. 87, 1988; No. 108, 1989; No. 161, 1999; No. 133, 2000; No. 135, 2001; No. 125, 2002; No. 40, 2006; No. 128, 2007; Nos. 54 and 70, 2009 |
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Note to s. 19A(5)................ |
ad. No. 145, 2010 |
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Heading to s. 20................ |
am. No. 125, 2002; No. 128, 2007 |
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am. No. 104, 1985; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002; No. 128, 2007 |
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Note to s. 20(4).................. |
ad. No. 145, 2010 |
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ad. No. 128, 2007 |
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Heading to s. 21................ |
am. No. 125, 2002 |
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am. No. 125, 2002 |
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am. No. 165, 1984; No. 193, 1985; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002; No. 24, 2012 |
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am. No. 165, 1984; No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
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Heading to s. 24................ |
am. No. 125, 2002 |
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am. No. 165, 1984; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002 |
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Ss. 24AA-24AC.................. |
ad. No. 24, 2012 |
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Division 2 |
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Heading to Div. 2 of Part II........................................ |
rs. No. 125, 2002 |
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ad. No. 135, 2001 |
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rs. No. 125, 2002 |
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Heading to s. 25................ |
rs. No. 135, 2001 |
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rep. No. 125, 2002 |
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S. 25.................................... |
am. No. 165, 1984; No. 141, 1987; No. 108, 1989; No. 44, 1992; No. 135, 2001 |
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rep. No. 125, 2002 |
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ad. No. 135, 2001 |
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rs. No. 125, 2002 |
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rs. No. 65, 1988 |
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am. No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
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am. No. 165, 1984; No. 43, 1996; No. 194, 1999; No. 57, 2000; No. 135, 2001; No. 125, 2002 |
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am. No. 165, 1984; No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002; No. 168, 2007; No. 4, 2010 |
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am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002; No. 168, 2007; No. 4, 2010 |
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ad. No. 209, 1991 |
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am. No. 135, 2001; No. 125, 2002 |
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ad. No. 209, 1991 |
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am. No. 118, 1999; No. 135, 2001; No. 125, 2002; No. 4, 2010 |
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Subheads. to s. 30(1), (2). |
ad. No. 135, 2001 |
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am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 86, 2002 (as rep. by No. 125, 2002); No. 125, 2002 |
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am. No. 165, 1984; No. 141, 1987; No. 4, 1990; No. 209, 1991; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
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Heading to s. 32................ |
am. No. 57, 2000 |
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rep. No. 135, 2001 |
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S. 32.................................... |
am. No. 165, 1984; No. 108, 1989; No. 43, 1996 |
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rep. No. 135, 2001 |
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Heading to s. 32A.............. |
am. No. 57, 2000 |
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rep. No. 135, 2001 |
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S. 32A................................. |
ad. No. 165, 1984 |
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rep. No. 135, 2001 |
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Ss. 32B, 32C....................... |
ad. No. 57, 2000 |
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rep. No. 135, 2001 |
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am. No. 43, 1996; No. 135, 2001; No. 125, 2002 |
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am. No. 108, 1989; No. 135, 2001; No. 125, 2002 |
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ad. No. 4, 2010 |
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Heading to s. 35................ |
rs. No. 125, 2002 |
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am. No. 108, 1989; No. 135, 2001; No. 125, 2002; No. 4, 2010 |
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ad. No. 165, 1984 |
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am. No. 4, 2010 |
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Heading to s. 36................ |
am. No. 125, 2002 |
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am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
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Division 3 |
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Subdivision A |
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Subdiv. A of Div. 3 of......... |
ad. No. 125, 2002 |
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am. Nos. 65 and 110, 1988; No. 44, 1992; No. 43, 1996; Nos. 135 and 159, 2001 |
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rs. No. 125, 2002 |
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am. No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 108, 1989; No. 43, 1996 |
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rs. No. 125, 2002 |
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S. 39A................................. |
ad. No. 110, 1988 |
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rep. No. 125, 2002 |
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rs. No. 122, 1991 |
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am. No. 146, 1999 |
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rs. No. 125, 2002 |
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am. No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 108, 1989; No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 94, 1992; No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 30, 2004 |
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S. 43A................................. |
ad. No. 110, 1988 |
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rep. No. 125, 2002 |
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Heading to s. 44................ |
am. No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 44, 1992; No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 26, 2008; No. 58, 2011 |
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am. No. 110, 1988; No. 44, 1992; No. 43, 1996; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 108, 1989; No. 44, 1992; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 46, 2011 |
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Note to s. 46....................... |
ad. No. 46, 2011 |
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Heading to s. 46A.............. |
am. No. 135, 2001 |
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rs. No. 125, 2002 |
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ad. No. 108, 1989 |
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am. No. 44, 1992; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 2, 2011 |
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Subdivision B |
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Subdiv. B of Div. 3 of......... |
ad. No. 125, 2002 |
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ad. No. 125, 2002 |
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am. No. 128, 2007; No. 2, 2011 |
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Note to s. 46B(4)................ |
ad. No. 2, 2011 |
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ad. No. 125, 2002 |
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Subhead. to s. 46D(1)....... |
ad. No. 2, 2011 |
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ad. No. 125, 2002 |
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am. No. 2, 2011 |
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ad. No. 125, 2002 |
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Subhead. to s. 46G(1)....... |
ad. No. 2, 2011 |
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ad. No. 125, 2002 |
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am. No. 2, 2011 |
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ad. No. 125, 2002 |
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am. No. 26, 2008; Nos. 2 and 58, 2011 |
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ad. No. 125, 2002 |
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Subdivision C |
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Heading to Subdiv. C of... |
ad. No. 125, 2002 |
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am. No. 44, 1992; No. 146, 1999; No. 135, 2001; No. 125, 2002 |
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S. 47A................................. |
ad. No. 2, 2011 |
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am. No. 104, 1985; No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
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Heading to s. 49................ |
am. No. 125, 2002 |
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am. No. 125, 2002 |
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Heading to s. 50................ |
am. No. 125, 2002 |
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am. No. 209, 1991; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
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Subdivision D |
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Heading to Subdiv. D of... |
ad. No. 125, 2002 |
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am. No. 141, 1987; No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002; No. 30, 2004; No. 86, 2006; No. 127, 2010 |
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Heading to Part III............. |
rs. No. 125, 2002 |
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rep. No. 127, 2010 |
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Part III................................. |
rep. No. 127, 2010 |
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am. No. 125, 2002 |
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rep. No. 127, 2010 |
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Heading to s. 53................ |
am. No. 125, 2002 |
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rep. No. 127, 2010 |
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am. No. 104, 1985; No. 43, 1996; No. 125, 2002 |
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rep. No. 127, 2010 |
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rep. No. 127, 2010 |
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am. No. 135, 2001; No. 125, 2002 |
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rep. No. 127, 2010 |
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ad. No. 136, 2001 |
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am. No. 125, 2002 |
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rep. No. 127, 2010 |
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Part IV |
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Subhead. to s. 55A(4)........ |
am. No. 30, 2004 |
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ad. No. 165, 1984 |
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am. No. 195, 1999; No. 57, 2000 |
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rs. No. 133, 2000 |
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am. No. 125, 2002; No. 30, 2004; No. 128, 2007 |
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ad. No. 133, 2000 |
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rs. No. 125, 2002 |
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am. No. 30, 2004; No. 128, 2007 |
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ad. No. 133, 2000 |
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am. No. 125, 2002; No. 30, 2004 |
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ad. No. 30, 2004 |
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S. 56.................................... |
rep. No. 125, 2002 |
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am. No. 194, 1999; No. 125, 2002 |
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am. No. 125, 2002 |
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Heading to s. 59................ |
rs. No. 24, 2012 |
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Subhead. to s. 59(1).......... |
ad. No. 24, 2012 |
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Subhead. to s. 59(1A)........ |
ad. No. 24, 2012 |
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am. No. 66, 1988; No. 108, 1989; No. 209, 1991; No. 44, 1992; No. 43, 1996; No. 161, 1999; No. 133, 2000; No. 135, 2001; No. 125, 2002; No. 127, 2010; No. 24, 2012 |
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ad. No. 66, 1988 |
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am. No. 108, 1989; No. 44, 1992; No. 135, 2001 |
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rs. No. 125, 2002 |
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am. No. 2, 2011 |
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ad. No. 125, 2002 |
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Heading to s. 60................ |
am. No. 125, 2002 |
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am. No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
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am. No. 108, 1989; No. 44, 1992; No. 43, 1996; No. 194, 1999; No. 57, 2000; No. 135, 2001; No. 86, 2002 (as rep. by No. 125, 2002); No. 125, 2002 |
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ad. No. 125, 2002 |
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rs. No. 4, 2010 |
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S. 63.................................... |
rep. No. 65, 1988 |
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Heading to Schedule........ |
rep. No. 108, 1989 |
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Schedule 1 |
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Heading to Schedule 1..... |
ad. No. 108, 1989 |
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Schedule............................ |
am. No. 123, 1984 |
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rs. No. 104, 1985 |
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am. No. 89, 1987; Nos. 75 and 87, 1988 |
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Schedule 1......................... |
am. No. 70, 1991; No. 60, 1996; Nos. 161 and 194, 1999; Nos. 121 and 135, 2001; No. 105, 2002; Nos. 28 and 134, 2003; Nos. 40 and 84, 2006; No. 8, 2007; No. 54, 2009; No. 51, 2010 |
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Schedule 2 |
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Schedule 2......................... |
ad. No. 108, 1989 |
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am. No. 118, 1990; Nos. 54 and 88, 1993; No. 161, 1995; Nos. 67 and 96, 1997; No. 62, 2004 |
Note 2
Subsections 4(1), 59(1), 59(5), 60(4) and 60(5)--Schedule 2 (items 3 and 13-15) and Schedule 3 (item 4) of the Crimes Legislation Amendment (Powers and Offences) Act 2012 (No. 24, 2012) provide as follows:
Schedule 2
After "the Chair of the Board", insert "and the CEO".
After "the Chair of the Board" (first occurring), insert "or the CEO (as the case requires)".
After "the Board", insert "or the CEO".
Omit "the Board shall", substitute "the Board and the CEO must".
Schedule 3
4 Subsection 4(1) (subparagraph (da)(ii) of the definition of serious and organised crime)
Omit "within the meaning of the Proceeds of Crime Act 2002".
The proposed amendments were misdescribed and are not incorporated in this compilation.
Note 3
Crimes
Legislation Amendment (Powers and Offences) Act 2012
(No. 24, 2012)
The following amendments commence on 4 October 2012 unless proclaimed earlier:
Schedule 2
Insert:
ACC information means information that is in the ACC's possession.
Insert:
permissible purpose means one or more of the following purposes:
(a) performing functions referred to in section 7A or 7C;
(b) preventing, detecting, investigating, prosecuting or punishing:
(i) criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(ii) contraventions of a law of the Commonwealth, a State or a Territory imposing a penalty or sanction (including taking civil remedies in relation to contraventions of such laws); or
(iii) seriously improper conduct (including professional misconduct or misconduct by a public official);
(c) preventing, detecting or investigating threats to national security;
(d) preventing serious threats to an individual's life, health or safety, or to public health or public safety;
(e) enforcing laws (including laws of foreign countries) relating to proceeds of crime;
(f) enforcing laws (including laws of foreign countries) relating to unexplained wealth;
(g) protecting public revenue;
(h) developing government policy;
(i) researching criminology;
(j) any other purpose prescribed by the regulations.
19 Subsection 12(1) (note)
Omit "Note", substitute "Note 1".
20 Subsection 12(1) (note)
Omit "section 59", substitute "sections 59AA and 59AB".
21 At the end of subsection 12(1)
Add:
Note 2: This subsection is subject to any relevant direction given under subsection 25A(9) (see subsection (2) of this section).
22 At the end of subsection 12(1A)
Add:
Note: This subsection is subject to any relevant direction given under subsection 25A(9) (see subsection (2) of this section).
23 After subsection 12(1A)
Insert:
(2) Subsections (1) and (1A) are subject to any relevant direction given under subsection 25A(9) (confidentiality in relation to examinations).
24 Subparagraph 47A(1)(b)(ii)
Omit "a law enforcement agency or a foreign law enforcement agency", substitute "a person or body (however described) to whom the CEO may disclose ACC information under section 59AA".
25 At the end of subsection 59(1)
Add:
Note: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
26 Subsections 59(7) to (11)
Repeal the subsections, substitute:
Information for members of Parliament
(7) The Chair of the Board or the CEO may inform one or more of the following persons of the general conduct of the operations of the ACC if the Chair or the CEO (as the case requires) considers that it is in the public interest to do so:
(a) a member of either House of the Parliament;
(b) a member of the Parliament of a State.
Note: A reference to the Parliament of a State includes a reference to the Legislative Assemblies of the Australian Capital Territory and the Northern Territory (see paragraph 4(3)(a)).
27 After section 59
Insert:
59AA Disclosing information to government bodies
Commonwealth, State, Territory and foreign agencies etc.
(1) The CEO may disclose ACC information to:
(a) a body of the Commonwealth, a State or a Territory; or
(b) a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or
(c) an agency that has responsibility for:
(i) law enforcement in a foreign country; or
(ii) intelligence gathering for a foreign country; or
(iii) the security of a foreign country; or
(d) an international body that:
(i) has functions relating to law enforcement or gathering intelligence; and
(ii) is prescribed by the regulations for the purposes of this paragraph; or
(e) an international judicial body that is prescribed by the regulations for the purposes of this paragraph;
if:
(f) the CEO considers it appropriate to do so; and
(g) the CEO considers that the information is relevant to a permissible purpose; and
(h) disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Note 1: For the definition of body, see subsection (3).
Note 2: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
ASIO
(2) The CEO may disclose ACC information to the Australian Security Intelligence Organisation if:
(a) the CEO considers it appropriate to do so; and
(b) the information is relevant to security (as defined in section 4 of the Australian Security Intelligence Organisation Act 1979); and
(c) disclosing the ACC information would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Definitions
(3) In this section:
body includes:
(a) a body however described; and
(b) a Department of State; and
(c) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth, a State or a Territory; and
(d) a law enforcement agency.
59AB Disclosing information to private sector bodies
(1) The CEO may disclose ACC information to a body corporate that is prescribed, or is included in a class of bodies corporate that is prescribed, by the regulations for the purposes of this section if:
(a) the CEO considers it appropriate to do so; and
(b) the CEO considers that disclosing the information to the body is necessary for a permissible purpose; and
(c) the body has undertaken, in writing, not to use or further disclose the information except:
(i) as referred to in subsection (3); or
(ii) as required by a law of the Commonwealth, a State or a Territory; and
(d) the body has undertaken, in writing, to comply with any conditions the CEO specifies under subsection (4) or (5); and
(e) disclosing the ACC information:
(i) would not prejudice the safety of a person, or prejudice the fair trial of a person who has been charged with an offence; and
(ii) would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
Note: This section is subject to any relevant direction given under subsection 25A(9) (see section 59AC).
Limitations on disclosing information under subsection (1)
(2) The CEO may disclose ACC information to a body corporate under subsection (1) only if:
(a) for information that is personal information (within the meaning of the Privacy Act 1988)--the CEO considers that disclosing the information is necessary for the purposes of:
(i) preventing criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(ii) detecting criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or
(iii) facilitating the collection of criminal information and intelligence in relation to criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); and
(b) in any case--the information is not confidential commercial information relating to another body or person.
Specifying purposes and conditions etc.
(3) The CEO must specify, in writing, any permissible purpose for which the ACC information may be used or further disclosed.
(4) If the CEO discloses ACC information that is personal information (within the meaning of the Privacy Act 1988) to a body corporate, the CEO must specify, in writing:
(a) one or more conditions that the body corporate must meet in relation to monitoring and controlling any further disclosure of that information by an employee or officer of the body corporate; and
(b) a condition that the information is not to be disclosed to a person who is not an employee or officer of the body corporate, other than in any circumstances specified; and
(c) one or more conditions that the body corporate must meet in order to ensure that the information is not used or disclosed in a way that might prejudice the reputation of a person.
(5) The CEO may specify, in writing, any other conditions that the CEO considers appropriate in relation to ACC information that is disclosed under, or in accordance with, this section (whether in relation to personal information or any other ACC information).
(6) An instrument made under subsection (3), (4) or (5) is not a legislative instrument.
Offence--disclosure etc. for unauthorised purposes
(7) A person commits an offence if:
(a) ACC information is disclosed to the person under, or in accordance with, this section; and
(b) the person (directly or indirectly):
(i) makes a record of the information; or
(ii) discloses the information to any other person; and
(c) the record or disclosure referred to in paragraph (b) is not:
(i) for a purpose specified under subsection (3) in relation to the information; or
(ii) required by any other law.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection (9).
Offence--breach of conditions
(8) A person commits an offence if:
(a) ACC information is disclosed to the person under, or in accordance with, this section; and
(b) the CEO specifies a condition under subsection (4) or (5) in relation to the information; and
(c) the person does an act or omits to do an act in relation to the information; and
(d) the act or omission breaches the condition.
Penalty: 50 penalty units, or imprisonment for 12 months, or both.
Note: For a defence to this offence, see subsection (9).
Defence--information legitimately made public
(9) Subsections (7) and (8) do not apply to a person in relation to ACC information if:
(a) the information is in the public domain before the person:
(i) makes the record, or discloses the information (if subsection (7) applies); or
(ii) does the act or omits to do the act in relation to the information (if subsection (8) applies); and
(b) the original disclosure of the information into the public domain (before the person does the thing referred to in subparagraph (a)(i) or (ii) of this subsection) was not:
(i) in contravention of section 51 or subsection (7) or (8) of this section; or
(ii) in breach of an undertaking given under subsection (1) of this section.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).
59AC Confidentiality in relation to examinations
Sections 59, 59AA and 59AB are subject to any relevant direction as in force under subsection 25A(9) (confidentiality in relation to examinations).
59AD Publication of reports in relation to offences
A report under this Act that:
(a) sets out a finding that an offence has been committed; or
(b) makes a recommendation to institute a prosecution in respect of an offence;
must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for that offence.
28 After paragraph 61(2)(d)
Insert:
(da) the general nature and the extent of any information disclosed by the CEO during that year to a body corporate under section 59AB;
As at 9 May 2012 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Jurisdiction of Courts Legislation Amendment Act 2000 (No. 57, 2000)
Schedule 1
76 Effect of amendments in relation to reviewable State and Territory requirements
Definitions
(1) In this item:
amended Act means the National Crime Authority Act 1984 as in force after the commencement, including as it has effect because of sections 32B and 32C of that Act.
commencement means the commencement of the amendments of the National Crime Authority Act 1984 made by this Schedule.
reviewable State requirement means:
(a) a requirement, made before the commencement, to answer a question, or to produce a document, at a hearing before the Authority under a law of a State; or
(b) a requirement, made before the commencement, to produce a document pursuant to a notice under a provision of a law of a State that corresponded to section 29 of the National Crime Authority Act 1984 as then in force.
reviewable Territory requirement means:
(a) a requirement, made before the commencement, to answer a question, or to produce a document, at a hearing before the Authority under a law of the Australian Capital Territory or the Northern Territory; or
(b) a requirement, made before the commencement, to produce a document pursuant to a notice under a provision of a law of the Australian Capital Territory or the Northern Territory that corresponded to section 29 of the National Crime Authority Act 1984 as then in force.
State does not include the Australian Capital Territory or the Northern Territory.
Reviewable State requirements--situations in which period for applying under subsection 32(2) of the amended Act is extended
(2) For the purpose of a person making an application under subsection 32(2) of the amended Act concerning a decision made before the commencement in relation to a reviewable State requirement under a provision of a law of a State that corresponded to subsection 32(1) of the National Crime Authority Act 1984 as then in force, paragraph 32(12)(c) of the amended Act applies in each of the following situations as if the 5 day period referred to in that paragraph began on the commencement:
(a) the first situation--the decision was made during the period starting on 12 June 1999 and ending immediately before the commencement;
(b) the second situation--before 17 June 1999, a court, purporting to Act under a provision of a law of a State that corresponded to subsection 32(12) of the National Crime Authority Act 1984 as then in force, made an order allowing the person further time to make an application in relation to the decision and that period of time had not expired by 17 June 1999;
(c) the third situation--immediately before 17 June 1999, proceedings by way of an application by the person in relation to the decision under a provision of a law of a State that corresponded to subsection 32(2) of the National Crime Authority Act 1984 as then in force were before a court.
Note: The power under subsection 32(12) of the amended Act to extend the time for applying under subsection 32(2) of that Act in relation to a decision is available even if the decision relates to a reviewable State requirement and the 28 day time limit that would otherwise apply expired before the commencement.
Reviewable State requirements--situations in which period for applying under subsection 32(8) of the amended Act is extended
(3) For the purpose of a person making an application under subsection 32(8) of the amended Act concerning a reviewable State requirement in relation to which a notice was given before the commencement under a provision of a law of a State that corresponded to subsection 32(8A) of the National Crime Authority Act 1984 as then in force, paragraph 32(12)(c) of the amended Act applies in each of the following situations as if the 5 day period referred to in that paragraph began on the commencement:
(a) the first situation--the notice was given during the period starting on 12 June 1999 and ending immediately before the commencement;
(b) the second situation--before 17 June 1999, a court, purporting to Act under a provision of a law of a State that corresponded to subsection 32(12) of the National Crime Authority Act 1984 as then in force, made an order allowing the person further time to make an application in relation to the requirement and that period of time had not expired by 17 June 1999;
(c) the third situation--immediately before 17 June 1999, proceedings by way of an application by the person in relation to the requirement under a provision of a law of a State that corresponded to subsection 32(8) of the National Crime Authority Act 1984 as then in force were before a court.
Note: The power under subsection 32(12) of the amended Act to extend the time for applying under subsection 32(8) of that Act in relation to a decision is available even if the decision relates to a reviewable State requirement and the 28 day limit that would otherwise apply expired before the commencement.
Reviewable State requirements--if subitem (3) applies, notice is taken to have been given under subsection 32(8A) of amended Act
(4) In a situation to which subitem (3) applies, the notice referred to in that subitem is, for the purposes of section 32 of the amended Act, taken to have been given under subsection 32(8A) of that Act.
Reviewable Territory requirements--ACT and NT provisions that correspond to sections 32 and 32A no longer operate
(5) A provision of a law of the Australian Capital Territory or the Northern Territory that corresponds to a provision of section 32 or 32A of the amended Act is of no effect after the commencement so far as it provides for applications to be made to a court in relation to reviewable Territory requirements, or for how such applications are to be dealt with.
Note 1: Section 32 (as modified by section 32B) and section 32A (as modified by section 32C) of the amended Act provide for applications to courts in relation to reviewable Territory requirements.
Note 2: A provision of a law of the ACT or NT that corresponds to subsection 32(1), (6) or (11) is still effective as these subsections do not provide for applications to be made to, or dealt with by, a court.
Reviewable Territory requirements--proceedings under ACT and NT provisions that correspond to sections 32 and 32A continue after the commencement under the amended Act
(6) If, immediately before the commencement, proceedings in relation to a reviewable Territory requirement were before a court under a provision of a law of the Australian Capital Territory or the Northern Territory that corresponded to section 32 or 32A of the National Crime Authority Act 1984 as then in force, then, from the commencement, those proceedings continue as if they had been commenced in that court under whichever of sections 32 and 32A of the amended Act is applicable.
Reviewable Territory requirements--continued effect of orders made before the commencement under ACT and NT provisions that correspond to sections 32 and 32A
(7) An order that relates to a reviewable Territory requirement and that was made by a court before the commencement under a provision of a law of the Australian Capital Territory or the Northern Territory that corresponded to section 32 or 32A of the National Crime Authority Act 1984 as then in force has effect, from the commencement, as if it had been made by that court under whichever of sections 32 and 32A of the amended Act is applicable.
National Crime Authority Amendment Act 2000 (No. 133, 2000)
Schedule 1
38 Transitional--section 13 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a notice in force under subsection 13(1) of the National Crime Authority Act 1984 immediately before the commencement of this item.
39 Transitional--section 14 of the National Crime Authority Act 1984
(1) This item applies if a notice was in force under subsection 14(1) of the National Crime Authority Act 1984 immediately before the commencement of this item.
(2) The amendments made by this Schedule do not affect the validity of the notice. This subitem has effect subject to subitems (3) and (4).
(3) In determining the scope of the special functions conferred on the Authority by the National Crime Authority Act 1984:
(a) if some, but not all, of the offences to which the notice relates have a federal aspect--disregard any offences that do not have a federal aspect; and
(b) if none of the offences to which the notice relates have a federal aspect--disregard the notice.
(4) If the notice was given under a law of a State, section 55A of the National Crime Authority Act 1984 as amended by this Schedule applies to a duty, function or power conferred, or purporting to be conferred, by that law in connection with the giving of that notice.
(5) In this item:
confer, in relation to a duty, includes impose.
40 Transitional--section 19A of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a request in force under section 19A of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the request relates is an investigation relating to a federally relevant criminal activity.
41 Transitional--section 20 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a notice in force under section 20 of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the notice relates is an investigation relating to a federally relevant criminal activity.
42 Transitional--section 22 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a warrant in force under section 22 of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the warrant relates is an investigation relating to a federally relevant criminal activity.
43 Transitional--section 24 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of an order in force under section 24 of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the order relates is an investigation relating to a federally relevant criminal activity.
44 Transitional--section 28 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a summons in force under section 28 of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the summons relates is an investigation relating to a federally relevant criminal activity.
45 Transitional--section 29 of the National Crime Authority Act 1984
To avoid doubt, the amendments made by this Schedule do not affect the validity of a notice in force under section 29 of the National Crime Authority Act 1984 immediately before the commencement of this item, so long as the investigation to which the notice relates is an investigation relating to a federally relevant criminal activity.
National Crime Authority Legislation Amendment Act
2001
(No. 135, 2001)
4 Review of effect of this Act
(1) The Minister must cause a person (the responsible person) to review, and to report in writing about, the operation of the National Crime Authority Act 1984 (the NCA Act) and the Australian Crime Commission Act 2002 (the ACC Act) as affected by the following provisions of this Act:
(a) items 1, 3, 5, 11 and 13 of Schedule 1 (the provisions that remove the defence of reasonable excuse);
(b) item 12 of Schedule 1 (the provision that removes the derivative-use immunity);
(c) items 7, 12 and 15 of Schedule 1 (the provisions that increase the penalties for non-compliance).
(2) The responsible person must be someone who, in the Minister's opinion, is suitably qualified and appropriate to conduct the review and make the report.
(3) The review and report must relate to the 5 year period (the review period) beginning on the commencement of Part 1 of Schedule 1.
(4) The review and report must include an assessment of:
(a) the effects of the following provisions in facilitating the performance of the functions of the Authority and the Australian Crime Commission:
(i) the provisions that remove the defence of reasonable excuse;
(ii) the provision that removes the derivative-use immunity;
(iii) the provisions that increase the penalties for non-compliance; and
(b) the extent (if any) to which persons have been unjustifiably prejudiced because of the enactment of:
(i) the provisions that remove the defence of reasonable excuse; and
(ii) the provision that removes the derivative-use immunity; and
(c) the extent (if any) to which courts have imposed increased penalties allowed for by the provisions that increase the penalties for non-compliance.
(5) The review and report must also include an assessment of any other matter that the responsible person considers relevant to the operation of the provisions of the NCA Act and the ACC Act as affected by the provisions referred to in paragraphs (1)(a) to (c).
(6) The report must not:
(a) identify persons as being suspected of having committed offences; or
(b) identify persons as having committed offences unless those persons have been convicted of those offences; or
(c) reveal the identity of a person, if doing so might prejudice:
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been or may be charged with an offence.
(7) The Authority must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.
(7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.
(8) The following activities by a current or former member of the Authority (within the meaning of the NCA Act) or a current or former member of staff of the Authority (within the meaning of the NCA Act) do not constitute a contravention of section 51 of the NCA Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:
(a) divulging or communicating information to the responsible person;
(b) recording information;
(c) providing a record of information to the responsible person.
(8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:
(a) divulging or communicating information to the responsible person;
(b) recording information;
(c) providing a record of information to the responsible person.
(9) The responsible person must provide a reasonable opportunity for members of the public to make submissions to him or her about matters to which the review and report relate. However, the review process must not include any hearings.
(10) The responsible person must give the report to the Inter-Governmental Committee no later than 6 months after the end of the review period. The report is then to be considered by the Committee and given by the Committee, together with such comments on the report as the Committee thinks fit, to:
(a) the Minister; and
(b) the appropriate Minister of the Crown of each participating State.
(11) After the Minister receives the report and comments from the Inter-Governmental Committee, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House.
Schedule 1
17 Saving of sections 32, 32A, 32B and 32C in relation to relevant claims
(1) Despite the repeal of sections 32, 32A, 32B and 32C of the National Crime Authority Act 1984 by item 13, those sections continue to have effect on and after the commencement of that item as if they had not been repealed, in relation to a relevant claim.
(2) In this item:
relevant claim means a claim, made before the commencement of item 13, that a person is entitled to refuse:
(a) to furnish information, or produce a document, pursuant to a notice under section 20 of the National Crime Authority Act 1984; or
(b) to produce a document pursuant to a notice under section 29 of that Act; or
(c) to answer a question put to him or her, or produce a document that he or she was required to produce, under section 30 of that Act; or
(d) to comply with a requirement:
(i) to answer a question, or to produce a document, at a hearing before the Authority under a law of a State; or
(ii) to produce a document pursuant to a notice under a provision of a law of a State that corresponds to section 29 of that Act;
to which section 32 of that Act applied, because of section 32B of that Act, before the commencement of item 13.
51 Application
If:
(a) under section 29A of the National Crime Authority Act 1984, a notation was made before the commencement of item 50 in relation to the disclosure of information about:
(i) a summons issued under section 28 of that Act; or
(ii) a notice issued under section 29 of that Act; or
(iii) any official matter connected with the summons or notice; and
(b) before the commencement of that item, a body made a note about the disclosure of the information about a person in accordance with the Privacy Act 1988; and
(c) after the commencement of that item, an individual seeks access to that file in accordance with section 18H of the Privacy Act 1988 before the notation is cancelled;
then the note must be removed before such access is given and neither the note nor any information in the note may be disclosed to the individual when such access is given.
59 Application
The amendments made by items 57 and 58 apply to a person executing a warrant on or after the commencement of those items, regardless of whether the warrant was issued before, on or after the commencement.
Abolition of Compulsory Age
Retirement (Statutory Officeholders) Act 2001
(No. 159,
2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
Australian Crime Commission Establishment Act 2002 (No. 125, 2002)
Schedule 1
308 Definitions
In this Part:
ACC means the Australian Crime Commission.
ACC Act means the Australian Crime Commission Act 2002.
commencement time means the time when this Part commences.
NCA means the National Crime Authority.
NCA Act means the National Crime Authority Act 1984 as in force before the commencement time.
NCA consultant means a person in respect of whom an engagement was in force under section 48 of the NCA Act immediately before the commencement time.
NCA hearing officer means a person who held an appointment under subsection 25A(1) of the NCA Act immediately before the commencement time.
309 Appointment of first CEO of ACC
(1) The first appointment of the Chief Executive Officer of the ACC under section 37 of the ACC Act may be made in accordance with section 4 of the Acts Interpretation Act 1901.
Note: Subsection 4(1) of the Acts Interpretation Act 1901 would allow the appointment to occur during the period beginning on the day this Act receives the Royal Assent and ending on 31 December 2002. However, the appointment could not take effect until at least 1 January 2003: see subsection 4(2) of the Acts Interpretation Act 1901.
(2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be satisfied if the Minister invites each of the following persons to make nominations for that appointment:
(a) the Commissioner of the Australian Federal Police;
(b) the Secretary of the Department;
(c) the Chief Executive Officer of the Australian Customs Service;
(d) the Chairperson of the Australian Securities and Investments Commission;
(e) the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979;
(f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;
(g) the Chief Police Officer of the Australian Capital Territory.
310 NCA hearing officers
(1) At the commencement time, an NCA hearing officer is taken to be appointed as an examiner under subsection 46B(1) of the ACC Act.
(2) A person who becomes an examiner under this item holds that office:
(a) subject to Subdivision B of Division 3 of Part II of the ACC Act, on the same terms and conditions as applied to his or her appointment as an NCA hearing officer immediately before the commencement time; and
(b) for the unexpired part of the term of his or her appointment under the NCA Act.
(3) This item does not prevent those terms and conditions being varied after the commencement time.
(4) An appointment of a person as an examiner under this item is taken, for the purposes of subsection 46B(4) of the ACC Act, to be the person's first appointment.
Note: Subsection 46B(4) of the ACC Act provides that the sum of an examiner's first appointment and any period or periods of re-appointment must not exceed 5 years.
311 NCA consultants
(1) At the commencement time, a person who is an NCA consultant is taken to be engaged as a consultant under section 48 of the ACC Act.
(2) The person is taken to have been engaged on the same terms and conditions that applied in relation to the person immediately before the commencement time.
312 NCA legal practitioners
An appointment in force under section 50 of the NCA Act immediately before the commencement time is taken, at that time, to be an appointment made under section 50 of the ACC Act.
313 Continuation of references made to the NCA
(1) This item applies to an investigation (the NCA investigation) under subsection 11(2) of the NCA Act that the NCA had commenced but not completed before the commencement time.
(2) At and after the commencement time:
(a) the ACC may complete the NCA investigation; and
(b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.
(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:
(a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and
(b) the Board of the ACC is taken to have determined, in writing, that the investigation is a special investigation; and
(c) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the special investigation; and
(d) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the special investigation.
314 Continuation of duties, functions or powers conferred on the NCA by State laws
If:
(a) a law of a State conferred on the NCA a duty, function or power of the kind referred to in subsection 55A(2) of the NCA Act in relation to a matter relating to a relevant criminal activity; and
(b) subsection 55A(3) of the NCA Act was satisfied in relation to that conferral; and
(c) a law of a State confers on the ACC that duty, function or power in relation to that matter;
then the Board of the ACC is taken to have consented to the ACC investigating that matter.
315 Continuation of other NCA investigations
(1) This item applies to an investigation (the NCA investigation) in relation to a federally relevant criminal activity under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not completed before the commencement time.
(2) At and after the commencement time:
(a) the ACC may complete the NCA investigation; and
(b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.
(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:
(a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and
(b) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the investigation of those matters; and
(c) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the investigation into those matters.
316 Assembling and giving of evidence obtained by the NCA
If:
(a) before the commencement time, the NCA obtained evidence of a kind referred to in subsection 12(1) or (1A) of the NCA Act; but
(b) the NCA had not assembled and given the evidence as mentioned in that subsection before the commencement time;
then, at and after the commencement time, subsection 12(1) of the ACC Act applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.
Note: Subsection 12(1) of the ACC Act requires the Chief Executive Officer of the ACC to assemble and give the evidence to particular persons or bodies.
317 Limitation on challenges to validity of references
Despite the repeal and substitution of section 16 of the NCA Act made by this Schedule, that section continues to apply in relation to a reference made before the commencement time as if that repeal and substitution had not been made.
318 Arrangements to obtain information or intelligence
An arrangement in force under section 21 of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under section 21 of the ACC Act.
319 Continuation of secrecy obligations
Section 51 of the NCA Act continues to apply at and after the commencement time to a person who, immediately before the commencement time, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.
320 Continuation of the Parliamentary Joint Committee on the National Crime Authority
The Parliamentary Joint Committee on the National Crime Authority, as constituted under Part III of the NCA Act immediately before the commencement time, continues in existence after that time under Part III of the ACC Act and is to be known as the Parliamentary Joint Committee on the Australian Crime Commission.
321 Ombudsman to brief Inter-Governmental Committee about controlled operations
The first briefing provided by the Ombudsman under section 55AA of the ACC Act must also cover the NCA's involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.
322 Arrangements relating to person performing services for the NCA
An arrangement in force under paragraph 58(1)(b) of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under subsection 58(1) of the ACC Act.
323 Annual report
The first report on the operations of the ACC under section 61 of the ACC Act must also include, in relation to the year to which the report relates, details of the matters referred to in subsection 61(2) of the NCA Act as in force immediately before the commencement time.
324 Transfer of records and documents etc.
Any evidence (including oral evidence in any form), records, documents, information or other things (including those in electronic form) that were in the possession of the NCA immediately before the commencement time are to be transferred to the ACC.
325 Section 8 of the Acts Interpretation Act 1901
This Part does not limit the operation of section 8 of the Acts Interpretation Act 1901.
326 Transitional regulations
(1) The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.
(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
3 Northern Territory (Self-Government) Act
Section 49 of the Northern Territory (Self-Government) Act 1978 does not apply in relation to the provisions of this Act.
Schedule 2
12 Application
The amendment made by item 11 applies to determinations made under subsection 7C(2) or (3) of the Australian Crime Commission Act 2002 on or after the day on which this item commences.
31 Application of offences
The offences affected by this Division apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.
33 Application
Subsection 46B(4) of the Australian Crime Commission Act 2002, as in force immediately after the commencement of this item, applies to examiners who hold office immediately before that commencement, and to examiners who are appointed or reappointed on or after that commencement.
Australian Crime Commission Amendment Act 2007 (No. 168, 2007)
Schedule 1
9 Application of amendments--section 28 of the Australian Crime Commission Act 2002
The amendments of section 28 of the Australian Crime Commission Act 2002 made by this Part apply in relation to a summons issued after the commencement of this item.
10 Validation--summons under subsection 28(1) of the Australian Crime Commission Act 2002
(1) This item applies to a summons under subsection 28(1) of the Australian Crime Commission Act 2002 if:
(a) the summons was issued before the commencement of this item; and
(b) apart from this item, the summons would be invalid because the record referred to in subsection 28(1A) of that Act was made after the summons was issued.
(2) The summons is as valid, and is taken always to have been as valid, as it would have been if that Act had provided that the record could be made after the issue of the summons.
11 Application of amendments--section 29 of the Australian Crime Commission Act 2002
The amendments of section 29 of the Australian Crime Commission Act 2002 made by this Part apply in relation to a notice issued after the commencement of this item.
12 Validation--notice under subsection 29(1) of the Australian Crime Commission Act 2002
(1) This item applies to a notice under subsection 29(1) of the Australian Crime Commission Act 2002 if:
(a) the notice was issued before the commencement of this item; and
(b) apart from this item, the notice would be invalid because the record referred to in subsection 29(1A) of that Act was made after the notice was issued.
(2) The notice is as valid, and is taken always to have been as valid, as it would have been if that Act had provided that the record could be made after the issue of the notice.
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)
Schedule 5
83 Application of item 5
Despite the amendment made by item 5 of this Schedule, section 19A of the Australian Crime Commission Act 2002 continues to apply, on and after the WR Act repeal day, in relation to the Australian Industrial Relations Commission as it continues in existence because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, as if that amendment had not been made.
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (No. 4, 2010)
Schedule 7
26 Application of amendments relating to contempt
The amendments made by item 3 and items 18 to 21 of this Schedule apply to an act or omission engaged in by a person in relation to an examination that began on or after the commencement of this item.
27 Application of amendment made by item 4
The amendment made by item 4 of this Schedule applies to operations that began before, on or after the commencement of this item.
28 Application of amendments relating to reasons for summons or notice
The amendments made by items 9, 10, 11, 12, 13 and 14 of this Schedule apply to a summons or notice issued on or after the commencement of this item.
Social
Security and Other Legislation Amendment (Welfare Reform and Reinstatement of
Racial Discrimination Act) Act 2010
(No. 93, 2010)
Schedule 1
4 Effect of repeal of sections of Acts by this Schedule
To avoid doubt:
(a) the repeal of sections of an Act by this Schedule does not have retrospective effect; and
(b) section 8 of the Acts Interpretation Act 1901 applies to the repeal (unaffected by any contrary intention).
Schedule 7
2 Application
The amendment made by item 1 applies in relation to an ACC operation/investigation begun on or after the commencement of this item.
National Security Legislation Amendment Act 2010 (No. 127, 2010)
Schedule 10
7 Transitional--Committee on the Australian Crime Commission
(1) This item applies to the Parliamentary Joint Committee on the Australian Crime Commission (the Committee) that was in existence under the Australian Crime Commission Act 2002 immediately before the commencement of this item.
(2) The Committee continues in existence by force of this item, after the commencement of this item, as the Parliamentary Joint Committee on Law Enforcement under the Parliamentary Joint Committee on Law Enforcement Act 2010.
(3) A person who held office as a member of the Committee immediately before the commencement of this item is taken to have been appointed, immediately after that commencement, as a member of the Parliamentary Joint Committee on Law Enforcement.
(4) The person who held office as Chair of the Committee immediately before the commencement of this item is taken to have been elected, immediately after that commencement, as Chair of the Parliamentary Joint Committee on Law Enforcement.
(5) If the Committee was conducting a review immediately before commencement:
(a) the Parliamentary Joint Committee on Law Enforcement may continue the review after that commencement; and
(b) anything done for the purposes of the review before commencement is taken to have been done for the purposes of the review as continued in accordance with this item.
(6) Section 10 of the Parliamentary Joint Committee on Law Enforcement Act 2010 does not apply in relation to the year ending on 31 December 2010 if, in that year, the Ombudsman has provided to the Committee a briefing under subsection 55AA(1) of the Australian Crime Commission Act 2002 as in force immediately before the commencement of this item.
(7) For the avoidance of doubt, subitem (6) does not prevent the Ombudsman from providing a briefing to the Parliamentary Joint Committee on Law Enforcement about the involvement of the Australian Crime Commission or the Australian Federal Police in controlled operations under Part IAB of the Crimes Act 1914 during the year ending on 31 December 2010.
Crimes Legislation Amendment Act 2011 (No. 2, 2011)
Schedule 1
3 Application of item 2
Section 47A of the Australian Crime Commission Act 2002 (as inserted by item 2 of this Schedule) applies in relation to a decision to terminate the employment of a member of the staff referred to in subsection 47(1) of that Act, where that decision is made after the commencement of this item.
8 Review of operation of amendments relating to serious misconduct by staff member
(1) The Minister must cause an independent review to be undertaken of the operation of section 47A of the Australian Crime Commission Act 2002, as inserted by this Schedule, and the amendments made by Part 2 of this Schedule.
(2) The review must be undertaken as soon as practicable after the end of the period of 2 years after the commencement of this Schedule.
Schedule 2
2 Savings provision for item 1
To avoid doubt, the amendment made by item 1 does not affect an arrangement made under subsection 46A(3) of the Australian Crime Commission Act 2002 before the commencement of this item.
4 Transitional provision for item 3
Despite subsection 46A(4) of the Australian Crime Commission Act 2002 (as inserted by item 3 of this Schedule), the first notification under that subsection must relate to arrangements made during the period:
(a) starting at the commencement of this item; and
(b) ending at the end of the first 30 June or 31 December (as the case requires) after that time.
6 Application of item 5
The amendment made by item 5 of this Schedule applies to the appointment of an examiner after the commencement of this item, whether or not the person has previously been appointed as an examiner.
18 Savings provision for items 5 to 17
To avoid doubt, the amendments made by items 5 to 17 of this Schedule do not affect the validity of an appointment of an examiner made before the commencement of this item.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
Crimes
Legislation Amendment (Powers and Offences) Act 2012
(No. 24, 2012)
Schedule 2
16 Application of this Part
The amendments made by this Part apply to any information in the possession of the ACC, whether the information comes into the possession of the ACC before or after this item commences.
Schedule 3
11 Application of this Schedule
The amendments made by this Schedule apply to any returnable item, whether seized or produced before or after this Schedule commences.
The following provision commences on 4 October 2012 unless proclaimed earlier:
Schedule 2
29 Application of this Part
The amendments made by this Part apply to any ACC information, whether the information comes into the possession of the ACC before or after this item commences.