New South Wales Consolidated Acts

NEW SOUTH WALES CRIME COMMISSION ACT 1985 - SECT 6

6 Principal functions of the Commission

(1) The principal functions of the Commission are:

(a) to investigate matters relating to a relevant criminal activity referred to the Commission by the Management Committee for investigation,

(b) to assemble evidence that would be admissible in the prosecution of a person for a relevant offence arising out of any such matters and to furnish any such evidence to the Director of Public Prosecutions,

(b1) to review a police inquiry into matters relating to any criminal activity (being an inquiry referred for review to the Commission by the Management Committee) and to furnish its findings to the Committee together with any recommendation as to action the Commission considers should be taken in relation to those findings,

(c) to furnish in accordance with this Act reports relating to illegal drug trafficking and organised and other crime, which include, where appropriate, recommendations for changes in the laws of the State, and

(d) to disseminate investigatory, technological and analytical expertise to such persons or bodies as the Commission thinks fit.

(1A) The Commission may exercise a function conferred or imposed on it by the Criminal Assets Recovery Act 1990 , may carry out investigations in aid of the exercise of those functions and may, for the purposes of that Act, make such use as it thinks fit of any information obtained by it in the execution of this Act.

(1B) Nothing in this section precludes the Commission from inquiring into matters connected with, or arising out of, the exercise of its functions under this or any other Act or law, whether or not those matters are the subject of a reference to the Commission by the Management Committee.

(2) If the Commission obtains any evidence, being evidence that would be admissible in the prosecution of a person for an indictable offence (other than evidence of a relevant offence which is furnished to the Director of Public Prosecutions) against a law of New South Wales, of the Commonwealth, of a Territory or of another State, the Commission shall furnish that evidence:

(a) in the case of an offence against a law of the Commonwealth, of a Territory or of another State-to the Attorney General, or

(b) in the case of an offence against a law of New South Wales-to the Director of Public Prosecutions,

together with any recommendation as to action the Commission considers should be taken in relation to that evidence.

(3) If the Commission obtains any information relating to the exercise of the functions of a Government Department, Administrative Office or local or public authority, the Commission may, if it considers it desirable to do so:

(a) furnish that information or a report on that information to the relevant Minister, and

(b) make to that Minister such recommendations (if any) relating to the exercise of the functions of the Department, Office or authority, as the Commission considers appropriate.

(3A) If the Commission obtains any information relating to the conduct of an officer of a Government Department, Administrative Office or local or public authority, in his or her capacity as such, the Commission may, if it considers it desirable to do so:

(a) furnish that information or a report on that information to the principal officer of the Department, Office or authority or (if the officer is the principal officer of the Department, Office or authority) to the relevant Minister, and

(b) make to the principal officer or Minister such recommendations (if any) relating to the conduct of the officer as the Commission considers appropriate.

(3B) In subsection (3A):
"officer" includes:

(a) in relation to a Government Department, Administrative Office or local or public authority:

(i) an employee or agent of the Department, Office or authority, or

(ii) a person between whom and the Department, Office or authority there is, or has been, an agreement or arrangement under which the person is providing, or has provided, services to the Department, Office or authority, and

(b) in relation to a local or public authority-a member of the authority.

"principal officer", in relation to a Government Department, Administrative Office or local or public authority, has the same meaning as it has in section 10.

(5) In exercising its principal functions, the Commission shall give high priority to matters relating to illegal drug trafficking, as far as practicable.