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AUSTRALIAN CRIME COMMISSION ESTABLISHMENT ACT 2002 - SCHEDULE 2

Other amendments

Part 1 -- Amendments

Archives Act 1983

1  Paragraph 33(1A)(a)

Omit "National Crime Authority", substitute "Australian Crime Commission".

Australian Security Intelligence Organisation Act 1979

2  Paragraph 18(3)(a)

Omit "a member, or a member of the staff, of the National Crime Authority", substitute "the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC".

3  Subparagraph 18(3)(b)(vi)

Repeal the subparagraph, substitute:

                            (vi)  the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC.

4  At the end of section 18

Add:

             (6)  In this section:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

Crimes Act 1914

5  Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission.

6  Subsection 3(1)

Insert:

"ACC authorising officer" has the meaning given in subsection 15J(4).

7  Subsection 3(1) (paragraph (b) of the definition of appropriate authorising officer )

Omit "NCA authorising officer" (wherever occurring), substitute "ACC authorising officer".

8  Subsection 3(1) (paragraph (c) of the definition of law enforcement officer )

Repeal the paragraph, substitute:

                     (c)  a member of the staff of the ACC;

9  Subsection 3(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

10  Subsection 3(1) (definition of NCA authorising officer )

Repeal the definition.

11  Subparagraph 15G(1)(b)(i)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

12  Paragraph 15J(2)(c)

Omit "National Crime Authority", substitute "ACC".

13  Paragraph 15J(2)(c)

Omit "NCA authorising officer", substitute "ACC authorising officer".

14  Subsection 15J(4)

Repeal the subsection, substitute:

             (4)  The following are ACC authorising officers :

                     (a)  the Chief Executive Officer of the ACC;

                     (b)  a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.

15  Paragraph 15N(2A)(b)

Repeal the paragraph, substitute:

                     (b)  the Chief Executive Officer of the ACC;

16  Subsection 15OA(2)

Omit "NCA authorising officer" (wherever occurring), substitute "ACC authorising officer".

17  Subsection 15OA(4)

Omit "NCA authorising officer", substitute "ACC authorising officer".

18  Paragraph 15OA(5)(b)

Omit "NCA authorising officer", substitute "ACC authorising officer".

19  Paragraph 15Q(1)(a)

Omit "NCA authorising officer", substitute "ACC authorising officer".

20  Subsection 15R(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

21  Paragraph 15R(2)(a)

Omit "NCA authorising officer", substitute "ACC authorising officer".

22  Subsection 15T(4)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

23  Subsection 15U(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

24  Paragraph 15UA(1)(b)

Repeal the paragraph, substitute:

                     (b)  the Chief Executive Officer of the ACC;

25  Subsection 15UA(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

26  Paragraph 15UB(1)(a)

Omit "National Crime Authority", substitute "ACC".

27  Paragraph 15UB(1)(b)

Omit "National Crime Authority", substitute "ACC".

28  Subsection 15XA(1) (paragraph (c) of the definition of Commonwealth participating agency )

Repeal the paragraph, substitute:

                     (c)  the ACC;

29  Section 85ZL (paragraph (c) of the definition of law enforcement agency )

Repeal the paragraph, substitute:

                     (c)  the ACC;

30  Section 85ZL (paragraph (d) of the definition of law enforcement agency )

Repeal the paragraph.

Criminal Code Act 1995

31  Section 146.1 (paragraph (b) of the definition of Commonwealth law enforcement officer )

Repeal the paragraph, substitute:

                     (b)  a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 ; or

                    (ba)  an examiner (within the meaning of that Act); or

32  Section 146.1 (paragraph (c) of the definition of Commonwealth law enforcement officer )

Repeal the paragraph, substitute:

                     (c)  a member of the staff of the ACC (within the meaning of that Act); or

Customs Act 1901

33  Subsection 219A(1)

Insert:

"ACC" means the Australian Crime Commission.

34  Subsection 219A(1) (paragraph (a) of the definition of chief officer )

Repeal the paragraph, substitute:

                     (a)  where the agency is the ACC--the Chief Executive Officer of the ACC; and

35  Subsection 219A(1) (definition of Commonwealth law enforcement agency )

Omit "National Crime Authority", substitute "ACC".

36  Subsection 219A(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

37  Subsection 219A(1) (paragraph (a) of the definition of official )

Repeal the paragraph, substitute:

                     (a)  where the agency is the ACC--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC; and

38  Paragraph 219B(4A)(a)

Repeal the paragraph, substitute:

                     (a)  where the agency is the ACC--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of a police force who is a member of the staff of the ACC; and

Customs Administration Act 1985

39  Subsection 16(1A) (paragraph (b) of the definition of Commonwealth agency )

Omit "and".

40  Subsection 16(1A) (paragraph (c) of the definition of Commonwealth agency )

Repeal the paragraph.

Financial Transaction Reports Act 1988

41  Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission.

42  Subsection 3(1) (definition of acting member of the NCA )

Repeal the definition.

43  Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence )

Repeal the definition.

44  Subsection 3(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 .

45  Subsection 3(1)

Insert:

"examiner" has the same meaning as in the Australian Crime Commission Act 2002 .

46  Subsection 3(1) (definition of Inter‑Governmental Committee )

Omit "NCA Act", substitute " Australian Crime Commission Act 2002 ".

47  Subsection 3(1) (definition of member of the NCA )

Repeal the definition.

48  Subsection 3(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

49  Subsection 3(1) (definition of member of the staff of the NCA )

Repeal the definition.

50  Subsection 3(1) (definition of NCA )

Repeal the definition.

51  Subsection 3(1) (definition of NCA Act )

Repeal the definition.

52  Subsection 16(6) (definition of investigating officer )

Omit "a member, or member of staff, of the NCA", substitute "an examiner or a member of the staff of the ACC".

53  Subsection 16(6) (paragraph (b) of the definition of relevant authority )

Repeal the paragraph, substitute:

                     (b)  the Chief Executive Officer of the ACC; or

54  Paragraph 26(1)(c)

Repeal the paragraph, substitute:

                     (c)  where the officer is an examiner or a member of the staff of the ACC--the Chief Executive Officer of the ACC; or

55  Subsection 27(1A)

Omit "the Australian Bureau of Criminal Intelligence and".

56  Subsection 27(1A)

Omit "the Bureau or the Commission (as the case requires)", substitute "the Commission".

57  Subsection 27(5)

Omit "NCA obtains FTR information", substitute "Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information".

58  Before paragraph 27(5)(a)

Insert:

                  (aaa)  the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and

59  Paragraph 27(5)(a)

Omit "NCA may", substitute "Chair of the Board of the ACC may".

60  Paragraph 27(5)(a)

Omit "NCA under subsection 59(4) of the NCA Act", substitute "Chair under subsection 59(4) of the Australian Crime Commission Act 2002 ".

61  Paragraph 27(5)(aa)

Omit "NCA may", substitute "Chair of the Board of the ACC may".

62  Paragraph 27(5)(aa)

Omit "National Crime Authority under subsection 59(6A) of the NCA Act", substitute "Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002 ".

63  After paragraph 27(5)(aa)

Insert:

                    (ab)  the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002 ; and

64  Paragraph 27(5)(b)

Repeal the paragraph, substitute:

                     (b)  an examiner may divulge the information in the course of such an examination before the examiner; and

65  Paragraph 27(5)(c)

Omit "the NCA may", substitute "an examiner or a member of the staff of the ACC may".

66  Paragraph 27(5)(d)

Omit "paragraphs (a), (aa), (b) and (c), the NCA", substitute "paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC".

67  Subparagraph 27(6)(a)(i)

Omit "NCA", substitute "Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC".

68  Subparagraph 27(6)(a)(i)

Omit "its functions", substitute "the ACC's functions".

69  Subsection 27(9)

Omit "NCA", substitute "Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC".

70  Subsection 27(10)

Omit "the NCA", substitute "an examiner".

71  Paragraph 27(14)(a)

Omit "NCA", substitute "ACC".

72  Paragraph 27(15)(a)

Repeal the paragraph, substitute:

                     (a)  the Chief Executive Officer of the ACC;

73  Paragraph 27(15)(b)

Repeal the paragraph, substitute:

                     (b)  an examiner or a member of the staff of the ACC;

74  Paragraphs 27(15)(c) and (d)

Repeal the paragraphs.

75  Paragraph 27(16)(g)

Repeal the paragraph.

76  Paragraph 27(17)(s)

Repeal the paragraph.

Human Rights and Equal Opportunity Commission Act 1986

77  Paragraph 24(2)(b)

Omit "National Crime Authority", substitute "Australian Crime Commission".

National Crime Authority Legislation Amendment Act 2001

78  Subsection 4(1)

After "(the NCA Act )", insert "and the Australian Crime Commission Act 2002 (the ACC Act )".

79  Paragraph 4(4)(a)

After "Authority", insert "and the Australian Crime Commission".

80  Subsection 4(5)

After "NCA Act", insert "and the ACC Act".

81  After subsection 4(7)

Insert:

          (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.

82  Subsection 4(8)

Omit "that Act" (wherever occurring), substitute "the NCA Act".

83  After subsection 4(8)

Insert:

          (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.

Ombudsman Act 1976

84  Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 .

85  Subsection 3(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 .

86  Subsection 3(1) (definition of law enforcement agency )

Omit " National Crime Authority Act 1984 ", substitute " Australian Crime Commission Act 2002 ".

87  Subsection 3(1) (definition of National Crime Authority )

Repeal the definition.

88  Subsection 3(13A)

Omit "National Crime Authority", substitute "ACC".

89  Paragraph 5(2)(b)

Omit "other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority".

90  Subparagraph 6A(1)(a)(i)

Omit "National Crime Authority", substitute "ACC".

Note:       The heading to section 6A is altered by omitting " National Crime Authority " and substituting " ACC ".

91  Subsection 8B(1)

Omit "National Crime Authority, or a member of the staff of the Authority,", substitute "ACC, or a member of the staff of the ACC,".

Note:       The heading to section 8B is altered by omitting " National Crime Authority " and substituting " ACC ".

92  Subsection 8B(8)

Repeal the subsection, substitute:

             (8)  In this section:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

93  Paragraph 9(3)(e)

Omit "National Crime Authority", substitute "ACC or the Board of the ACC".

94  Subsection 35B(1)

Omit "disclosure of certain NCA information", substitute "disclosure of certain ACC information".

Note:       The heading to section 35B is altered by omitting " NCA " and substituting " ACC ".

95  Paragraph 35B(1)(c)

Repeal the paragraph, substitute:

                     (c)  the proper performance of the functions of the ACC; or

96  Subsection 35B(1)

Omit "disclose the NCA information", substitute "disclose the ACC information".

97  Subsection 35B(2)

Insert:

"ACC information" means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.

98  Subsection 35B(2) (definition of NCA information )

Repeal the definition.

Privacy Act 1988

99  Subsection 6(1)

Insert:

"ACC" means the Australian Crime Commission.

100  Subsection 6(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 .

101  Subsection 6(1) (paragraph (b) of the definition of enforcement body )

Repeal the paragraph, substitute:

                     (b)  the ACC; or

102  Subparagraph 7(1)(a)(iv)

Repeal the subparagraph, substitute:

                            (iv)  the ACC; or

103  Paragraph 7(1)(h)

Repeal the paragraph, substitute:

                     (h)  the ACC or the Board of the ACC.

104  Paragraph 7(2)(c)

Repeal the paragraph, substitute:

                     (c)  the ACC or the Board of the ACC.

105  Subsection 18K(5) (note)

Omit " National Crime Authority Act 1984 ", substitute " Australian Crime Commission Act 2002 ".

106  Paragraph 70(2)(b)

Omit "National Crime Authority", substitute "ACC".

Proceeds of Crime Act 1987

107  Subsection 4(1)

Insert:

"ACC" means the Australian Crime Commission.

108  Subsection 4(1) (definition of law enforcement authority )

Omit "National Crime Authority", substitute "ACC".

109  Paragraph 39(2)(b)

Omit "a special investigation being conducted by the National Crime Authority", substitute "a special ACC operation/investigation".

110  Subsection 39(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

111  Subsection 39(3)

Repeal the subsection, substitute:

             (3)  In this section:

"special ACC operation/investigation" has the same meaning as in the Australian Crime Commission Act 2002 .

112  Subsection 40(10) (paragraph (b) of the definition of responsible custodian )

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

113  At the end of paragraph 74(1)(a)

Add "or".

114  Paragraph 74(1)(b)

Repeal the paragraph, substitute:

                     (b)  if the order specifies the ACC as the law enforcement authority to which information is to be given--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act); or

115  Subparagraph 74(2)(a)(i)

Omit "or a member, or member of staff, of the National Crime Authority", substitute "or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act)".

Proceeds of Crime Act 2002

116  Paragraph 213(3)(d)

Repeal the paragraph, substitute:

                     (d)  the Chief Executive Officer of the Australian Crime Commission; or

                     (e)  an examiner (within the meaning of the Australian Crime Commission Act 2002 ).

117  Section 338 (paragraph (b) of the definition of authorised officer )

Repeal the paragraph, substitute:

                     (b)  any of the following:

                              (i)  the Chief Executive Officer of the Australian Crime Commission;

                             (ii)  an examiner (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission;

                            (iii)  a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or

Radiocommunications Act 1992

118  Paragraph 27(1)(bc)

Repeal the paragraph, substitute:

                    (bc)  the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 ; or

Retirement Savings Accounts Act 1997

119  Subparagraph 114(3)(c)(ii)

Repeal the subparagraph, substitute:

                             (ii)  the Chief Executive Officer of the Australian Crime Commission; or

Royal Commissions Act 1902

120  Section 1B (definition of Australian Bureau of Criminal Intelligence )

Repeal the definition.

121  Paragraph 6P(1)(da)

Repeal the paragraph.

122  Subsection 6P(2A)

Omit "an investigation being conducted by the National Crime Authority", substitute "the performance of the functions of the Australian Crime Commission".

123  Subsection 6P(2A)

Omit "to the National Crime Authority", substitute "to the Chief Executive Officer of the Australian Crime Commission".

Superannuation Industry (Supervision) Act 1993

124  Subparagraph 284(3)(c)(ii)

Repeal the subparagraph, substitute:

                             (ii)  the Chief Executive Officer of the Australian Crime Commission; or

Taxation Administration Act 1953

125  Subsection 2(1) (paragraph (d) of the definition of head )

Repeal the paragraph, substitute:

                     (d)  in the case of the Australian Crime Commission--the Chief Executive Officer of the Commission;

126  Subsection 2(1) (paragraph (daa) of the definition of head )

Repeal the paragraph.

127  Subsection 2(1) (paragraph (d) of the definition of law enforcement agency )

Repeal the paragraph, substitute:

                     (d)  the Australian Crime Commission;

128  Subsection 2(1) (paragraph (daa) of the definition of law enforcement agency )

Repeal the paragraph.

129  Subsection 3D(1)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

Note:       The heading to section 3D is altered by omitting " National Crime Authority " and substituting " Australian Crime Commission ".

130  Subsection 3D(2)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

131  Subsection 3D(3)

Repeal the subsection.

132  Subsection 3D(4)

Omit "the Authority is conducting a special investigation and", substitute "a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC".

133  Subsection 3D(4)

Omit "investigation, a member or acting member", substitute "operation or investigation, the Chief Executive Officer of the ACC".

134  Paragraph 3D(5)(a)

Omit "special investigation", substitute "operation or investigation".

135  Subsection 3D(6)

Omit "A member or acting member", substitute "The Chief Executive Officer of the ACC".

136  Paragraph 3D(7)(a)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

137  Paragraph 3D(7)(b)

Omit "Authority from", substitute "Chief Executive Officer of the ACC from".

138  Paragraph 3D(7)(b)

Omit "Authority is", substitute "Chief Executive Officer of the ACC is".

139  Paragraph 3D(7)(b)

Omit "a member or acting member", substitute "the Chief Executive Officer of the ACC".

140  Paragraph 3D(7)(b)

Omit "Commissioner or to the Authority", substitute "Commissioner or to the Chief Executive Officer of the ACC".

141  Paragraph 3D(8)(b)

Omit "special investigation", substitute "operation or investigation".

142  Subparagraph 3D(8)(c)(i)

Omit "special investigation", substitute "operation or investigation".

143  Subparagraph 3D(8)(c)(ii)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

144  Subsection 3D(9)

Omit "a special investigation is readily obtainable by the Authority", substitute "an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC".

145  Subsection 3D(9)

Omit "the investigation that may result if the Authority", substitute "the operation or investigation that may result if the Chief Executive Officer of the ACC".

146  Paragraph 3D(10)(b)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

147  Subsection 3D(11)

After "Subject to subsections (12) and (13), where", insert "information is communicated to the Chief Executive Officer of the ACC under".

148  Paragraphs 3D(11)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  subsection (1) or (2); or

                     (b)  an order made under subsection (7);

149  Before paragraph 3D(11)(c)

Insert:

                    (ba)  the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC;

150  Paragraph 3D(11)(c)

Omit "Authority may", substitute "Chair of the Board of the ACC may".

151  Paragraph 3D(11)(c)

Omit "Authority under subsection 59(4) of the relevant Act", substitute "Chair under subsection 59(4) of the ACC Act".

152  After paragraph 3D(11)(c)

Insert:

                    (ca)  the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the ACC Act;

153  Paragraph 3D(11)(d)

Repeal the paragraph, substitute:

                     (d)  an examiner may divulge the information in the course of such an examination before the examiner;

154  Paragraph 3D(11)(e)

Omit "Authority may", substitute "Chief Executive Officer of the ACC may".

155  Paragraph 3D(11)(e)

Omit "Authority is", substitute "Chief Executive Officer of the ACC is".

156  Paragraph 3D(11)(f)

Repeal the paragraph, substitute:

                      (f)  subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with:

                              (i)  in a case where paragraph (a) applies--a tax‑related investigation; or

                             (ii)  in a case where paragraph (b) applies--a special ACC operation/investigation;

157  Paragraph 3D(11)(g)

Omit "a member or acting member shall", substitute "the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must".

158  Paragraph 3D(11)(j)

Omit "a person of a kind referred to in subparagraph (f)(i), (ii) or (iii)", substitute "a member of the staff of the ACC".

159  Subparagraph 3D(11)(j)(i)

Omit "such person, or to the Authority,", substitute "member of the staff of the ACC, or to an examiner,".

160  Sub‑subparagraph 3D(11)(j)(i)(A)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

161  Sub‑subparagraph 3D(11)(j)(i)(B)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

162  Sub‑subparagraph 3D(11)(j)(i)(B)

Omit "a special investigation", substitute "a special ACC operation/investigation".

163  Sub‑subparagraph 3D(11)(j)(i)(C)

Repeal the sub‑subparagraph.

164  Subsection 3D(13)

Omit "the Authority", substitute "an examiner".

165  Subsection 3D(16)

Repeal the subsection, substitute:

           (16)  If information is communicated to the Chief Executive Officer of the ACC under subsection (1) or (2) or under an order made under subsection (7), then nothing in subsection (11), (14), (15) or (17) prohibits:

                     (a)  the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or

                     (b)  if the information is admissible in a prosecution of a person for a taxation offence--the communication of the information to a court in the course of proceedings before that court against the last‑mentioned person for that offence.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (16), see subsection 13.3(3) of the Criminal Code .

166  Subsection 3D(17)

Omit "paragraph (16)(c)", substitute "paragraph (16)(a)".

167  Subsection 3D(18)

Omit "relevant Act", substitute "ACC Act".

168  Subsection 3D(18)

Omit "Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority", substitute "Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC".

169  Subsection 3D(20)

Repeal the subsection.

170  Subsection 3D(22)

Insert:

"ACC" means the Australian Crime Commission.

171  Subsection 3D(22)

Insert:

"ACC Act" means the Australian Crime Commission Act 2002 .

172  Subsection 3D(22)

Insert:

"ACC operation/investigation" has the same meaning as in the ACC Act.

173  Subsection 3D(22) (definition of acting member )

Repeal the definition.

174  Subsection 3D(22) (definition of Authority )

Repeal the definition.

175  Subsection 3D(22)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the ACC Act.

176  Subsection 3D(22)

Insert:

"examiner" has the same meaning as in the ACC Act.

177  Subsection 3D(22) (definition of Inter‑Governmental Committee )

Omit "relevant Act", substitute "ACC Act".

178  Subsection 3D(22) (definition of member )

Repeal the definition.

179  Subsection 3D(22)

Insert:

"member of the staff of the ACC" has the same meaning as in the ACC Act.

180  Subsection 3D(22) (definition of member of the staff of the Authority )

Repeal the definition.

181  Subsection 3D(22) (definition of prescribed information )

Repeal the definition.

182  Subsection 3D(22) (definition of prescribed investigation )

Repeal the definition.

183  Subsection 3D(22) (definition of relevant Act )

Repeal the definition.

184  Subsection 3D(22)

Insert:

"special ACC operation/investigation" has the same meaning as in the ACC Act.

185  Subsection 3D(22) (definition of special investigation )

Repeal the definition.

186  Subsection 3D(22) (definition of taxation secrecy provision )

Omit "relevant Act", substitute "ACC Act".

187  Subsection 3D(22) (definition of tax‑related investigation )

Omit "a prescribed investigation", substitute "an ACC operation/investigation".

Telecommunications Act 1997

188  Section 7 (paragraph (c) of the definition of agency )

Repeal the paragraph, substitute:

                     (c)  the Australian Crime Commission; or

189  Subsection 282(10) (paragraph (c) of the definition of criminal law‑enforcement agency )

Repeal the paragraph, substitute:

                     (c)  the Australian Crime Commission; or

Telecommunications (Interception) Act 1979

190  Subsection 5(1)

Insert:

"ACC" means the Australian Crime Commission.

191  Subsection 5(1)

Insert:

"ACC Act" means the Australian Crime Commission Act 2002 .

192  Subsection 5(1)

Insert:

"ACC operation/investigation" has the same meaning as in the ACC Act.

193  Subsection 5(1) (definition of Authority )

Repeal the definition.

194  Subsection 5(1) (definition of Authority Act )

Repeal the definition.

195  Subsection 5(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the ACC Act.

196  Subsection 5(1) (paragraph (b) of the definition of certifying officer )

Repeal the paragraph, substitute:

                     (b)  in the case of the ACC:

                              (i)  the Chief Executive Officer of the ACC or an examiner; or

                             (ii)  a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or

197  Subsection 5(1) (paragraph (b) of the definition of chief officer )

Repeal the paragraph, substitute:

                     (b)  in the case of the ACC--the Chief Executive Officer of the ACC; or

198  Subsection 5(1) (definition of class 1 offence )

Omit "Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act", substitute "ACC, includes an offence in relation to which the ACC is conducting a special investigation".

199  Subsection 5(1) (paragraph (b) of the definition of Commonwealth agency )

Repeal the paragraph, substitute:

                     (b)  the ACC.

200  Subsection 5(1)

Insert:

"examiner" has the same meaning as in the ACC Act.

201  Subsection 5(1)

Insert:

"federally relevant criminal activity" has the same meaning as in the ACC Act.

202  Subsection 5(1) (definition of member of the Authority )

Repeal the definition.

203  Subsection 5(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the ACC Act.

204  Subsection 5(1) (definition of member of the staff of the Authority )

Repeal the definition.

205  Subsection 5(1) (paragraph (b) of the definition of officer )

Repeal the paragraph, substitute:

                     (b)  in the case of the ACC--the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or

206  Subsection 5(1) (subparagraph (a)(v) of the definition of permitted purpose )

Omit "Chair of the Authority", substitute "Chief Executive Officer of the ACC".

207  Subsection 5(1) (after paragraph (a) of the definition of permitted purpose )

Insert:

                    (aa)  in the case of the ACC:

                              (i)  an ACC operation/investigation; or

                             (ii)  a report to the Board of the ACC on the outcome of such an operation or investigation;

208  Subsection 5(1) (paragraph (a) of the definition of prescribed investigation )

Repeal the paragraph, substitute:

                     (a)  in the case of the ACC--means an ACC operation/investigation; or

209  Subsection 5(1) (paragraph (b) of the definition of relevant offence )

Omit "Authority", substitute "ACC".

210  Subsection 5(1)

Insert:

"special investigation" means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.

211  Subparagraph 6A(1)(c)(i)

Omit "Authority", substitute "ACC".

212  Paragraph 6L(2)(a)

Omit "Authority", substitute "ACC".

213  Paragraph 35(1)(a)

Omit "Chair of the Authority", substitute "Chief Executive Officer of the ACC".

214  Paragraph 39(2)(b)

Repeal the paragraph, substitute:

                     (b)  in the case of the ACC:

                              (i)  the Chief Executive Officer of the ACC or an examiner; or

                             (ii)  a member of a police force who is a member of the staff of the ACC; or

215  Paragraph 71(2)(d)

Repeal the paragraph, substitute:

                     (d)  the Chief Executive Officer of the ACC.

216  Subsection 80(2)

Omit "Chair of the Authority shall cause to be kept in the Authority's records", substitute "Chief Executive Officer of the ACC must cause to be kept in the ACC's records".

217  Paragraph 80(2)(a)

Omit "Authority", substitute "ACC".

218  Paragraph 80(2)(d)

Omit "Authority", substitute "ACC".

219  Paragraph 80(2)(e)

Omit "Chair", substitute "Chief Executive Officer".

220  Subsection 81(2)

Omit "Chair of the Authority shall", substitute "Chief Executive Officer of the ACC must".

221  Paragraphs 81(2)(a), (b) and (ba)

Omit "Authority", substitute "ACC".

222  Paragraph 81(2)(c)

Omit "Authority" (wherever occurring), substitute "ACC".

223  Paragraphs 81(2)(d) and (e)

Omit "Authority", substitute "ACC".

224  Paragraph 81(2)(f)

Omit "Authority" (wherever occurring), substitute "ACC".

Witness Protection Act 1994

225  Section 3 (paragraph (b) of the definition of approved authority )

Repeal the paragraph, substitute:

                     (b)  the Chief Executive Officer of the Australian Crime Commission; or


 

Part 2 -- Transitional provisions

226  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.


 



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