Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 41 of 1984 as amended
This compilation was prepared on 5 August 2009
taking into account amendments up to Act No. 70 of 2009
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 ...................................................................................... 1
4A......... When a State offence has a federal aspect .......................................... 8
5............ Act to bind Crown ............................................................................ 12
6............ Extension to external Territories ....................................................... 12
6A......... Application of the Criminal Code .................................................... 12
Part II--The Australian Crime Commission (the ACC) 13
Division 1--Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee 13
Subdivision A--The Australian Crime Commission 13
7............ Establishment of the Australian Crime Commission ........................ 13
7A......... Functions of the ACC ...................................................................... 13
Subdivision B--The Board of the ACC 14
7B......... Establishment of the Board .............................................................. 14
7C......... Functions of the Board ..................................................................... 14
7D......... Board meetings ................................................................................. 16
7E.......... Presiding at Board meetings .............................................................. 17
7F.......... Quorum at Board meetings ............................................................... 17
7G......... Voting at Board meetings .................................................................. 17
7H......... Conduct of Board meetings .............................................................. 18
7J.......... Resolutions outside of Board meetings ............................................ 18
7K......... Board committees ............................................................................. 18
Subdivision C--The Inter‑Governmental Committee 19
8............ Establishment and constitution of Inter‑Governmental Committee . 19
9............ Functions of Committee ................................................................... 21
Division 1A--Performance of functions and exercise of powers 24
12.......... Performance of functions .................................................................. 24
16.......... Limitation on challenge to Board determination ............................... 25
17.......... Co‑operation with law enforcement agencies and co‑ordination with overseas authorities 25
18.......... Directions and guidelines to Board ................................................... 26
19.......... Incidental powers of ACC ................................................................ 26
19A....... Examiner may request information from agencies ............................ 26
20.......... Examiner may require information from agencies in certain cases .... 30
20A....... Arrangements for an examiner to obtain information etc. from State agencies 32
21.......... Arrangements for Board to obtain information or intelligence ......... 33
22.......... Search warrants ................................................................................. 34
23.......... Application by telephone for search warrants ................................. 37
24.......... Order for delivery to examiner of passport of witness .................... 39
Division 2--Examinations 41
24A....... Examinations ..................................................................................... 41
25A....... Conduct of examination .................................................................... 41
26.......... Reimbursement of expenses ............................................................. 44
27.......... Legal and financial assistance ............................................................ 44
28.......... Power to summon witnesses and take evidence ............................... 45
29.......... Power to obtain documents .............................................................. 47
29A....... Disclosure of summons or notice etc. may be prohibited ................ 48
29B....... Offences of disclosure ...................................................................... 50
30.......... Failure of witnesses to attend and answer questions ....................... 52
31.......... Warrant for arrest of witness ............................................................ 54
33.......... False or misleading evidence ............................................................. 56
34.......... Protection of witnesses etc. .............................................................. 56
35.......... Obstructing or hindering the ACC or an examiner etc. ..................... 57
35A....... Double jeopardy ............................................................................... 57
36.......... Protection of examiners etc. .............................................................. 57
Division 3--Administrative provisions 59
Subdivision A--Chief Executive Officer 59
37.......... Appointment of CEO ....................................................................... 59
38.......... Remuneration and allowances of CEO ............................................. 59
39.......... Leave of absence ............................................................................... 59
40.......... Resignation ....................................................................................... 60
41.......... Disclosure of interests ...................................................................... 60
42.......... Outside employment ........................................................................ 60
43.......... Suspension of appointment .............................................................. 60
44.......... Termination of appointment ............................................................ 61
45.......... Other terms and conditions .............................................................. 62
46.......... Acting CEO ...................................................................................... 62
46A....... CEO to manage ACC etc. ................................................................. 63
Subdivision B--Examiners 63
46B....... Appointment of examiners ............................................................... 63
46C....... Remuneration and allowances of examiners ...................................... 64
46D....... Leave of absence ............................................................................... 64
46E........ Resignation ....................................................................................... 65
46F........ Disclosure of interests ...................................................................... 65
46G....... Outside employment ........................................................................ 65
46H....... Termination of appointment ............................................................ 65
46J........ Other terms and conditions--general ............................................... 66
Subdivision C--Staff etc. 66
47.......... Staff .................................................................................................. 66
48.......... Employment of consultants etc. ....................................................... 67
49.......... Staff to be seconded to ACC ............................................................ 67
50.......... Counsel assisting ACC ..................................................................... 67
Subdivision D--Secrecy 67
51.......... Secrecy .............................................................................................. 67
Part III--Parliamentary Joint Committee on the Australian Crime Commission 70
52.......... Interpretation .................................................................................... 70
53.......... Joint Committee on the Australian Crime Commission ................... 70
54.......... Powers and proceedings of the Committee ...................................... 71
55.......... Duties of the Committee .................................................................. 71
55AA.... Ombudsman to brief committee about controlled operations .......... 72
Part IV--Miscellaneous 73
55A....... Operation of State laws--investigation of offences against State laws 73
55B....... Choice of Commonwealth and State powers .................................... 78
55C....... No obligation to perform duties etc. in relation to a relevant criminal activity that is not a federally relevant criminal activity .............................................................................................. 78
55D....... Transition from NCA to ACC ......................................................... 79
57.......... Application of Administrative Decisions (Judicial Review) Act ..... 80
58.......... Administrative arrangements with States ......................................... 81
59.......... Furnishing of reports and information .............................................. 81
59A....... Delegation ......................................................................................... 84
59B....... Liability for damages ........................................................................ 84
60.......... Public meetings and bulletins ............................................................ 84
61.......... Annual report ................................................................................... 85
61A....... Review of operation of Act .............................................................. 86
62.......... Regulations ....................................................................................... 87
Schedule 1--Prescribed provisions 88
Schedule 2--Certain bodies not subject to section 19A [see Note 2] 89
Notes 91
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. 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) |
Ss. 2(32) and 6(1) |
|
|
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) |
S. 16 |
|
|
89, 1987 |
5 June 1987 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
as amended by |
|
|
|
|
|
120, 1987 |
16 Dec 1987 |
Part X (ss. 53, 54): Royal Assent (c) |
-- |
|
|
141, 1987 |
18 Dec 1987 |
S. 3: Royal Assent (d) |
S. 5(1) |
|
|
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 |
Ss. 20-22: Royal Assent (e) |
-- |
|
|
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 |
S. 4(2) |
|
|
108, 1989 |
30 June 1989 |
Part 8 (ss. 36-43): 1 July 1989 (f) |
-- |
|
|
4, 1990 |
17 Jan 1990 |
Part 4 (ss. 54, 55): Royal Assent (g) |
-- |
|
|
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 |
S. 31(2) |
|
|
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 |
S. 3: 1 July 1990 |
-- |
|
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): [see (p) and Note 2] |
-- |
|
|
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) |
-- |
|
|
Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 |
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 |
|
|
Inspector‑General of Taxation Act 2003 |
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) |
-- |
|
|
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 |
128, 2007 |
17 Aug 2007 |
Ss. 3-5: Royal Assent |
Ss. 3-5 and Sch. 2 (items 12, 31, 33) [see Table A] |
|
168, 2007 |
28 Sept 2007 |
Schedule 1 (items 1-12): 29 Sept 2007 |
Sch. 1 (items |
|
|
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008 |
26, 2008 |
23 June 2008 |
Schedule 1 (items 17-22): Royal Assent |
-- |
|
Customs Legislation Amendment (Name Change) Act 2009 |
33, 2009 |
22 May 2009 |
Schedule 2 |
-- |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 5-7): (zb) |
-- |
|
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 |
70, 2009 |
8 July 2009 |
Schedule 3 (item 14): 5 Aug 2009 |
-- |
(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. [see Note 2]
(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 (see F2009L02563) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title...................................... |
am. No. 125, 2002 |
|
Part I |
|
|
S. 1...................................... |
am. No. 125, 2002 |
|
S. 4...................................... |
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 |
|
S. 4A................................... |
ad. No. 133, 2000 |
|
|
am. No. 125, 2002 |
|
S. 5...................................... |
rs. No. 128, 2007 |
|
S. 6A................................... |
ad. No. 135, 2001 |
|
Part II |
|
|
Heading to Part II................. |
rs. No. 125, 2002 |
|
Division 1 |
|
|
Heading to Div. 1 of Part II... |
rs. No. 125, 2002 |
|
Subdivision A |
|
|
Subdiv. A of Div. 1 of.......... |
ad. No. 125, 2002 |
|
S. 7...................................... |
am. No. 110, 1988; No. 123, 1991; No. 44, 1992; No. 133, 2000; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 7A................................... |
ad. No. 125, 2002 |
|
Subdivision B |
|
|
Subdiv. B of Div. 1 of.......... |
ad. No. 125, 2002 |
|
S. 7B................................... |
ad. No. 125, 2002 |
|
|
am. No. 33, 2009 |
|
S. 7C................................... |
ad. No. 125, 2002 |
|
|
am. No. 128, 2007 |
|
Ss. 7D-7H........................... |
ad. No. 125, 2002 |
|
Ss. 7J, 7K............................ |
ad. No. 125, 2002 |
|
Subdivision C |
|
|
Heading to Subdiv. C of...... |
ad. No. 125, 2002 |
|
S. 8...................................... |
am. No. 44, 1992; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
|
S. 9...................................... |
am. No. 165, 1984; No. 110, 1988; No. 133, 2000 |
|
|
rs. No. 125, 2002 |
|
S. 10.................................... |
am. No. 165, 1984; No. 133, 2000 |
|
|
rep. No. 125, 2002 |
|
S. 11.................................... |
am. No. 133, 2000 |
|
|
rep. No. 125, 2002 |
|
Division 1A |
|
|
Heading to Div. 1A of.......... |
ad. No. 125, 2002 |
|
S. 12.................................... |
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 |
|
Note to s. 12(1)................... |
ad. No. 125, 2002 |
|
Ss. 13, 14............................ |
am. No. 110, 1988; No. 133, 2000 |
|
|
rep. No. 125, 2002 |
|
Note to s. 14(1)................... |
ad. No. 133, 2000 |
|
|
rep. No. 125, 2002 |
|
Heading to s. 15.................. |
am. No. 125, 2002 |
|
|
rep. No. 30, 2004 |
|
S. 15.................................... |
am. No. 43, 1996; No. 133, 2000; No. 125, 2002 |
|
|
rep. No. 30, 2004 |
|
S. 16.................................... |
rs. No. 125, 2002 |
|
S. 17.................................... |
am. No. 104, 1985; No. 125, 2002 |
|
Heading to s. 18.................. |
am. No. 125, 2002 |
|
S. 18.................................... |
am. No. 125, 2002 |
|
Heading to s. 19.................. |
am. No. 125, 2002 |
|
S. 19.................................... |
am. No. 125, 2002 |
|
Heading to s. 19A............... |
am. No. 125, 2002; No. 128, 2007 |
|
S. 19A................................. |
ad. No. 104, 1985 |
|
|
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 |
|
Heading to s. 20.................. |
am. No. 125, 2002; No. 128, 2007 |
|
S. 20.................................... |
am. No. 104, 1985; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002; No. 128, 2007 |
|
S. 20A................................. |
ad. No. 128, 2007 |
|
Heading to s. 21.................. |
am. No. 125, 2002 |
|
S. 21.................................... |
am. No. 125, 2002 |
|
S. 22.................................... |
am. No. 165, 1984; No. 193, 1985; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002 |
|
S. 23.................................... |
am. No. 165, 1984; No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
|
Heading to s. 24.................. |
am. No. 125, 2002 |
|
S. 24.................................... |
am. No. 165, 1984; No. 108, 1989; No. 43, 1996; No. 133, 2000; No. 135, 2001; No. 125, 2002 |
|
Division 2 |
|
|
Heading to Div. 2 of Part II... |
rs. No. 125, 2002 |
|
S. 24A................................. |
ad. No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
Heading to s. 25.................. |
rs. No. 135, 2001 |
|
|
rep. No. 125, 2002 |
|
S. 25.................................... |
am. No. 165, 1984; No. 141, 1987; No. 108, 1989; No. 44, 1992; No. 135, 2001 |
|
|
rep. No. 125, 2002 |
|
S. 25A................................. |
ad. No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 26.................................... |
rs. No. 65, 1988 |
|
|
am. No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
|
S. 27.................................... |
am. No. 165, 1984; No. 43, 1996; No. 194, 1999; No. 57, 2000; No. 135, 2001; No. 125, 2002 |
|
S. 28.................................... |
am. No. 165, 1984; No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002; No. 168, 2007 |
|
S. 29.................................... |
am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002; No. 168, 2007 |
|
S. 29A................................. |
ad. No. 209, 1991 |
|
|
am. No. 135, 2001; No. 125, 2002 |
|
S. 29B................................. |
ad. No. 209, 1991 |
|
|
am. No. 118, 1999; No. 135, 2001; No. 125, 2002 |
|
Subheads. to s. 30(1), (2).. |
ad. No. 135, 2001 |
|
S. 30.................................... |
am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 86, 2002 (as rep. by No. 125, 2002); No. 125, 2002 |
|
S. 31.................................... |
am. No. 165, 1984; No. 141, 1987; No. 4, 1990; No. 209, 1991; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
|
Heading to s. 32.................. |
am. No. 57, 2000 |
|
|
rep. No. 135, 2001 |
|
S. 32.................................... |
am. No. 165, 1984; No. 108, 1989; No. 43, 1996 |
|
|
rep. No. 135, 2001 |
|
Heading to s. 32A............... |
am. No. 57, 2000 |
|
|
rep. No. 135, 2001 |
|
S. 32A................................. |
ad. No. 165, 1984 |
|
|
rep. No. 135, 2001 |
|
Ss. 32B, 32C....................... |
ad. No. 57, 2000 |
|
|
rep. No. 135, 2001 |
|
S. 33.................................... |
am. No. 43, 1996; No. 135, 2001; No. 125, 2002 |
|
S. 34.................................... |
am. No. 108, 1989; No. 135, 2001; No. 125, 2002 |
|
Heading to s. 35.................. |
rs. No. 125, 2002 |
|
S. 35.................................... |
am. No. 108, 1989; No. 135, 2001; No. 125, 2002 |
|
S. 35A................................. |
ad. No. 165, 1984 |
|
Heading to s. 36.................. |
am. No. 125, 2002 |
|
S. 36.................................... |
am. No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002 |
|
Division 3 |
|
|
Subdivision A |
|
|
Subdiv. A of Div. 3 of.......... |
ad. No. 125, 2002 |
|
S. 37.................................... |
am. Nos. 65 and 110, 1988; No. 44, 1992; No. 43, 1996; Nos. 135 and 159, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 38.................................... |
am. No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 39.................................... |
am. No. 108, 1989; No. 43, 1996 |
|
|
rs. No. 125, 2002 |
|
S. 39A................................. |
ad. No. 110, 1988 |
|
|
rep. No. 125, 2002 |
|
S. 40.................................... |
rs. No. 122, 1991 |
|
|
am. No. 146, 1999 |
|
|
rs. No. 125, 2002 |
|
S. 41.................................... |
am. No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 42.................................... |
am. No. 108, 1989; No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 43.................................... |
am. No. 94, 1992; No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
|
am. No. 30, 2004 |
|
S. 43A................................. |
ad. No. 110, 1988 |
|
|
rep. No. 125, 2002 |
|
Heading to s. 44.................. |
am. No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 44.................................... |
am. No. 44, 1992; No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
|
am. No. 26, 2008 |
|
S. 45.................................... |
am. No. 110, 1988; No. 44, 1992; No. 43, 1996; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 46.................................... |
am. No. 108, 1989; No. 44, 1992; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
Heading to s. 46A............... |
am. No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 46A................................. |
ad. No. 108, 1989 |
|
|
am. No. 44, 1992; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
Subdivision B |
|
|
Subdiv. B of Div. 3 of.......... |
ad. No. 125, 2002 |
|
S. 46B................................. |
ad. No. 125, 2002 |
|
|
am. No. 128, 2007 |
|
Ss. 46C-46G....................... |
ad. No. 125, 2002 |
|
S. 46H................................. |
ad. No. 125, 2002 |
|
|
am. No. 26, 2008 |
|
S. 46J.................................. |
ad. No. 125, 2002 |
|
Subdivision C |
|
|
Heading to Subdiv. C of...... |
ad. No. 125, 2002 |
|
S. 47.................................... |
am. No. 44, 1992; No. 146, 1999; No. 135, 2001; No. 125, 2002 |
|
S. 48.................................... |
am. No. 104, 1985; No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
|
Heading to s. 49.................. |
am. No. 125, 2002 |
|
S. 49.................................... |
am. No. 125, 2002 |
|
Heading to s. 50.................. |
am. No. 125, 2002 |
|
S. 50.................................... |
am. No. 209, 1991; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
|
Subdivision D |
|
|
Heading to Subdiv. D of...... |
ad. No. 125, 2002 |
|
S. 51.................................... |
am. No. 141, 1987; No. 108, 1989; No. 43, 1996; No. 135, 2001; No. 125, 2002; No. 30, 2004; No. 86, 2006 |
|
Part III |
|
|
Heading to Part III................. |
rs. No. 125, 2002 |
|
S. 52.................................... |
am. No. 125, 2002 |
|
Heading to s. 53.................. |
am. No. 125, 2002 |
|
S. 53.................................... |
am. No. 104, 1985; No. 43, 1996; No. 125, 2002 |
|
S. 55.................................... |
am. No. 135, 2001; No. 125, 2002 |
|
S. 55AA.............................. |
ad. No. 136, 2001 |
|
|
am. No. 125, 2002 |
|
Part IV |
|
|
Subhead. to s. 55A(4)........ |
am. No. 30, 2004 |
|
S. 55A................................. |
ad. No. 165, 1984 |
|
|
am. No. 195, 1999; No. 57, 2000 |
|
|
rs. No. 133, 2000 |
|
|
am. No. 125, 2002; No. 30, 2004; No. 128, 2007 |
|
S. 55B................................. |
ad. No. 133, 2000 |
|
|
rs. No. 125, 2002 |
|
|
am. No. 30, 2004; No. 128, 2007 |
|
S. 55C................................. |
ad. No. 133, 2000 |
|
|
am. No. 125, 2002; No. 30, 2004 |
|
S. 55D................................. |
ad. No. 30, 2004 |
|
S. 56.................................... |
rep. No. 125, 2002 |
|
S. 57.................................... |
am. No. 194, 1999; No. 125, 2002 |
|
S. 58.................................... |
am. No. 125, 2002 |
|
S. 59.................................... |
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 |
|
S. 59A................................. |
ad. No. 66, 1988 |
|
|
am. No. 108, 1989; No. 44, 1992; No. 135, 2001 |
|
|
rs. No. 125, 2002 |
|
S. 59B................................. |
ad. No. 125, 2002 |
|
Heading to s. 60.................. |
am. No. 125, 2002 |
|
S. 60.................................... |
am. No. 108, 1989; No. 44, 1992; No. 135, 2001; No. 125, 2002 |
|
S. 61.................................... |
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 |
|
S. 61A................................. |
ad. No. 125, 2002 |
|
S. 63.................................... |
rep. No. 65, 1988 |
|
Heading to Schedule........... |
rep. No. 108, 1989 |
|
Schedule 1 |
|
|
Heading to Schedule 1........ |
ad. No. 108, 1989 |
|
Schedule............................. |
am. No. 123, 1984 |
|
|
rs. No. 104, 1985 |
|
|
am. No. 89, 1987; Nos. 75 and 87, 1988 |
|
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 |
|
Schedule 2 |
|
|
Schedule 2.......................... |
ad. No. 108, 1989 |
|
|
am. No. 118, 1990; Nos. 54 and 88, 1993; No. 161, 1995; No. 96, 1997; No. 62, 2004 |
Note 2
AIDC Sale Act 1997 (No. 67, 1997)
The following amendment commences on proclamation:
Schedule 2
9 Schedule 2
Omit "Australian Industry Development Corporation".
As at 5 August 2009 the amendment is 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.
Families, Community Services and Indigenous Affairs and Other Legislation Amendment ( Northern Territory National Emergency Response and Other Measures) Act 2007 (No. 128, 2007)
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.
(1) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures.
(2) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975.
5 Some Northern Territory laws excluded
(1) Subject to subsections (3) and (4), the provisions of this Act are intended to apply to the exclusion of a law of the Northern Territory that deals with discrimination so far as it would otherwise apply.
(2) Subject to subsections (3) and (4), any acts done under or for the purposes of the provisions of this Act have effect despite any law of the Northern Territory that deals with discrimination.
Northern Territory laws that are not excluded
(3) Subsections (1) and (2) do not apply to a law of the Northern Territory so far as the Minister determines, by legislative instrument, that the law is a law to which subsections (1) and (2) do not apply.
Provisions of this Act that are not excluded
(4) Subsections (1) and (2) do not apply to amendments or repeals made by Division 2 or 3 of Part 1 of Schedule 2 (law enforcement) to this Act.
Interpretation
(5) In this section, a reference to:
(a) any acts done includes a reference to any failure to do an act; and
(b) provisions of this Act includes a reference to provisions of other Acts that are inserted, amended or repealed by 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.