Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"ACC" means the Australian Crime Commission established by section 7.
"ACC operation/investigation" means:
(a) an intelligence operation that the ACC is undertaking; or
(b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting.
"acting SES employee" has the same meaning as in the Public Service Act 1999 .
"appoint" includes re-appoint.
"Board" means the Board of the ACC.
(a) any profession, trade, employment or vocational calling;
(b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan); and
(c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect.
"CEO" means the Chief Executive Officer of the ACC.
"child" means any person who is under 18 years of age.
"child abuse" means an offence relating to the abuse or neglect of a child (including a sexual offence) that is punishable by imprisonment for a period of 3 years or more.
"confiscation proceeding" means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 , or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
"constable" means a member or special member of the Australian Federal Police or a member of the police force or police service of a State.
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"document" has the same meaning as in the Evidence Act 1995 .
"eligible Commonwealth Board member" means the following members of the Board:
(a) the Commissioner of the Australian Federal Police;
(b) the Secretary of the Department;
(c) the Chief Executive Officer of Customs;
(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 of Taxation.
(a) an examiner; or
(b) a member of the staff of the ACC who is also a member of:
(i) the Australian Federal Police; or
(ii) the Police Force of a State.
"examiner" means a person appointed under subsection 46B(1).
"federal aspect" , in relation to an offence against a law of a State, has the meaning given by subsection 4A(2).
"Federal Court" means the Federal Court of Australia.
"federally relevant criminal activity" means:
(a) a relevant criminal activity, where the relevant crime is an offence against a law of the Commonwealth or of a Territory; or
(b) a relevant criminal activity, where the relevant crime:
(i) is an offence against a law of a State; and
(ii) has a federal aspect.
"foreign law enforcement agency" means:
(a) a police force (however described) of a foreign country; or
(b) any other authority or person responsible for the enforcement of the laws of the foreign country.
"in contempt of the ACC" has the meaning given by section 34A.
"Indigenous person" means a person (including a child) who is:
(a) a person of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
"Indigenous violence or child abuse" means serious violence or child abuse committed against an Indigenous person.
"intelligence operation" means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity, but that may involve the investigation of matters relating to federally relevant criminal activity.
"Inter-Governmental Committee or Committee" means the Inter-Governmental Committee referred to in section 8.
(a) a Judge of the Federal Court; or
(b) a Judge of a court of a State or Territory; or
(c) a Federal Magistrate.
"law enforcement agency" means:
(a) the Australian Federal Police;
(b) a Police Force of a State; or
(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States.
"legal practitioner" means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.
"member of the staff of the ACC" means:
(a) a member of the staff referred to in subsection 47(1); or
(b) a person participating in an ACC operation/investigation; or
(c) a member of a task force established by the Board under paragraph 7C(1)(f); or
(d) a person engaged under subsection 48(1) ; or
(e) a person referred to in section 49 whose services are made available to the ACC; or
(f) a legal practitioner appointed under section 50 to assist the ACC as counsel.
"officer of a State" includes:
(a) a Minister of the Crown of a State;
(b) a member of either House of the Parliament of a State or, if there is only one House of the Parliament of a State, a member of that House;
(c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a State; and
(d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a State or is an officer or employee of such an authority or body.
"officer of a Territory" includes:
(a) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a Territory; and
(b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a Territory or is an officer or employee of such an authority or body.
"officer of the Commonwealth" includes:
(a) a Minister of State of the Commonwealth;
(b) a member of either House of the Parliament of the Commonwealth;
(c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth; and
(d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth or is an officer or employee of such an authority or body;
but does not include an officer of a Territory.
"Ombudsman" means the Commonwealth Ombudsman.
"participating State" means a State the Premier of which:
(a) has notified the Prime Minister that the State will participate in the activities of the Inter-Governmental Committee; and
(b) has not subsequently notified the Prime Minister that the State will not participate in the activities of the Committee.
"passport" means an Australian passport or a passport issued by the Government of a country other than Australia.
(a) serious and organised crime; or
(b) Indigenous violence or child abuse.
Note: See also subsection (2) (which expands the meaning of relevant crime in certain circumstances).
"relevant criminal activity" means any circumstances implying, or any allegations, that a relevant crime may have been, may be being, or may in future be, committed against a law of the Commonwealth, of a State or of a Territory.
(a) a provision of a law of the Commonwealth, of a State or of a Territory, being a provision that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, of a State or of a Territory, to prohibit;
the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.
"serious and organised crime" means an offence:
(a) that involves 2 or more offenders and substantial planning and organisation; and
(b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and
(c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and
(d) that is a serious offence within the meaning of the Proceeds of Crime Act 2002 , an offence against Subdivision B or C of Division 471, or D or F of Division 474, of the Criminal Code , an offence of a kind prescribed by the regulations or an offence that involves any of the following:
(i) theft;
(ii) fraud;
(iii) tax evasion;
(iv) money laundering;
(v) currency violations;
(vi) illegal drug dealings;
(vii) illegal gambling;
(viii) obtaining financial benefit by vice engaged in by others;
(ix) extortion;
(x) violence;
(xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;
(xii) perverting the course of justice;
(xiii) bankruptcy and company violations;
(xiv) harbouring of criminals;
(xv) forging of passports;
(xvi) firearms;
(xvii) armament dealings;
(xviii) illegal importation or exportation of fauna into or out of Australia;
(xix) cybercrime;
(xx) matters of the same general nature as one or more of the matters listed above; and
(da) that is:
(i) punishable by imprisonment for a period of 3 years or more; or
(ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002 ;
but:
(e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and
(f) does not include an offence the time for the commencement of a prosecution for which has expired.
"serious misconduct" , by a member of the staff referred to in subsection 47(1), has the meaning given by subsection 47A(8).
"serious violence" means an offence involving violence against a person (including a child) that is punishable by imprisonment for a period of 3 years or more.
"SES employee" has the same meaning as in the Public Service Act 1999 .
"special ACC operation/investigation" means:
(a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or
(b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation.
"State" includes the Australian Capital Territory and the Northern Territory.
"taxation secrecy provision" means a secrecy provision that is a provision of a law that is a taxation law for the purposes of the Taxation Administration Act 1953 .
"Territory" does not include the Australian Capital Territory or the Northern Territory.
"the Commonwealth Minister or the Minister" means the Minister of State administering this Act.
(2) If the head of an ACC operation/investigation suspects that an offence (the incidental offence ) that is not a relevant crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a relevant crime (whether or not the head has identified the nature of that relevant crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a relevant crime.
(3) In this Act:
(a) a reference to the Parliament of a State is to be read as:
(i) in relation to the Australian Capital Territory--a reference to the Legislative Assembly of that Territory; and
(ii) in relation to the Northern Territory--a reference to the Legislative Assembly of that Territory; and
(b) a reference to the Governor of a State is to be read as:
(i) in relation to the Australian Capital Territory--a reference to the Governor-General; and
(ii) in relation to the Northern Territory--a reference to the Administrator of that Territory; and
(c) a reference to the Premier of a State is to be read as:
(i) in relation to the Australian Capital Territory--a reference to the Chief Minister of that Territory; and
(ii) in relation to the Northern Territory--a reference to the Chief Minister of that Territory; and
(d) a reference to a Minister of the Crown of a State is to be read as:
(i) in relation to the Australian Capital Territory--a reference to a person appointed as a Minister under section 41 of the Australian Capital Territory (Self-Government) Act 1988 ; and
(ii) in relation to the Northern Territory--a reference to a person holding Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978.
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