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Queensland
AUSTRALIAN CRIME
COMMISSION
(QUEENSLAND) BILL 2003
Queensland
AUSTRALIAN CRIME COMMISSION
(QUEENSLAND) BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--THE AUSTRALIAN CRIME COMMISSION, THE
BOARD AND THE INTER-GOVERNMENTAL COMMITTEE
Division 1--The Australian Crime Commission
5 Functions of ACC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 CEO to manage ACC operations/investigations . . . . . . . . . . . . . . . . . . . . . . 8
7 Counsel assisting ACC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--The Board of the ACC
8 Functions of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Presiding at Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Quorum at Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Voting at Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Conduct of Board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Resolutions outside of Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Board committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--The Inter-Governmental Committee
16 Functions of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--EXAMINATIONS
17 Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Australian Crime Commission (Queensland) Bill 2003
18 Conduct of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Power to summon witnesses and take evidence . . . . . . . . . . . . . . . . . . . . . . 16
20 Power to obtain documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Disclosure of summons or notice may be prohibited . . . . . . . . . . . . . . . . . . 18
22 Offences of disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Failure of witnesses to attend and answer questions . . . . . . . . . . . . . . . . . . . 21
24 Warrant for arrest of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 False or misleading evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Protection of witnesses from harm or intimidation . . . . . . . . . . . . . . . . . . . . 25
27 Legal protection of examiners, counsel and witnesses . . . . . . . . . . . . . . . . . 25
28 Order for delivery to examiner of passport of witness . . . . . . . . . . . . . . . . . 25
PART 4--SEARCH WARRANTS
29 Search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Application by telephone for search warrants . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 5--PERFORMANCE OF FUNCTIONS AND EXERCISE OF
POWERS
31 Consent of Board may be needed before functions can be performed . . . . . 31
32 Functions not affected by State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
33 Extent to which functions are conferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
34 Performance of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35 Functions of federal judicial officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
36 Limitation on challenge to Board determination. . . . . . . . . . . . . . . . . . . . . . 34
37 Cooperation with law enforcement agencies and coordination
with overseas authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
38 Incidental powers of ACC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 6--GENERAL
39 Double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
40 Proceedings for an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Indictable offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42 Arrangements for Board to obtain information or intelligence. . . . . . . . . . . 36
43 Administrative arrangements with the Commonwealth . . . . . . . . . . . . . . . . 36
44 Judges to perform functions under the ACC Act. . . . . . . . . . . . . . . . . . . . . . 37
45 Providing reports and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
3
Australian Crime Commission (Queensland) Bill 2003
46 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
47 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
48 Liability for damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
49 Obstructing, hindering or disrupting the ACC or an examiner . . . . . . . . . . . 41
50 Public meetings and bulletins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
51 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Things done for multiple purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
53 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 7--REPEAL, SAVINGS AND TRANSITIONAL
PROVISIONS
Division 1--Repeal
54 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2--Savings and transitional provisions
55 Terms used in this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56 Particular investigations taken to be special investigations . . . . . . . . . . . . . . 44
57 Assembling and giving evidence obtained by the NCA . . . . . . . . . . . . . . . . 44
58 Limitation on challenges to validity of references . . . . . . . . . . . . . . . . . . . . 44
59 Arrangements to obtain information or intelligence . . . . . . . . . . . . . . . . . . . 44
60 Things seized under search warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Directions as to publication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Disclosure of summons or notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
63 Witness protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64 Administrative arrangements in relation to the NCA . . . . . . . . . . . . . . . . . . 45
65 Secrecy obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
66 Validation of administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
67 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 8--AMENDMENT OF ACTS
68 Acts amended in sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 48
AMENDMENT OF ACTS
CORRECTIVE SERVICES ACT 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
CRIME AND MISCONDUCT ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 48
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4
Australian Crime Commission (Queensland) Bill 2003
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 50
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 50
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 52
DICTIONARY
2003
A BILL
FOR
An Act to make provision for the operation of the Australian Crime
Commission in Queensland, and for other purposes
s1 6 s3
Australian Crime Commission (Queensland) Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Australian Crime Commission 4
(Queensland) Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Interpretation 8
(1) The dictionary in schedule 2 defines particular words used in this 9
Act. 10
(2) If this Act uses a term that is used in the ACC Act, the term has the 11
same meaning in this Act as it has in the ACC Act unless the contrary 12
intention appears in this Act. 13
(3) If the head of an ACC operation/investigation suspects that an 14
offence (the "incidental offence") that is not a serious and organised crime 15
may be directly or indirectly connected with, or may be a part of, a course 16
of activity involving the commission of a serious and organised crime 17
(whether or not the head has identified the nature of that serious and 18
organised crime), then the incidental offence is, for so long only as the head 19
so suspects, taken, for the purposes of this Act, to be a serious and 20
organised crime. 21
(4) A reference in this Act, other than part 2, to a function includes a 22
reference to a power or duty. 23
(5) A note in the text of this Act is part of the Act. 24
s4 7 s5
Australian Crime Commission (Queensland) Bill 2003
4 Act binds all persons 1
(1) This Act binds all persons including the State and, as far as the 2
legislative power of the Parliament permits, the Commonwealth and the 3
other States. 4
(2) Subsection (1) does not make the State, the Commonwealth or 5
another State liable to be prosecuted for an offence. 6
PART 2--THE AUSTRALIAN CRIME COMMISSION, 7
THE BOARD AND THE INTER-GOVERNMENTAL 8
COMMITTEE 9
Division 1--The Australian Crime Commission 10
5 Functions of ACC 11
The ACC has the following functions-- 12
(a) to undertake an intelligence operation in so far as the serious and 13
organised crime is, or the serious and organised crimes are or 14
include, an offence or offences against a law of the State 15
(irrespective of whether that offence or those offences have a 16
federal aspect); 17
(b) to investigate a matter relating to a relevant criminal activity, in 18
so far as the serious and organised crime is, or the serious and 19
organised crimes are or include, an offence or offences against a 20
law of the State (irrespective of whether that offence or those 21
offences have a federal aspect); 22
(c) to provide a report to the Board on the outcome of an operation 23
mentioned in paragraph (a) or an investigation mentioned in 24
paragraph (b); 25
(d) the functions conferred on the ACC by other provisions of this 26
Act or any other Act. 27
s6 8 s8
Australian Crime Commission (Queensland) Bill 2003
6 CEO to manage ACC operations/investigations 1
(1) The CEO is to manage, coordinate and control ACC 2
operations/investigations. 3
(2) As soon as practicable after the Board consents under section 55A(3) 4
of the ACC Act to the ACC undertaking an intelligence operation under 5
section 5(a) or conducting an investigation under section 5(b), the CEO 6
must determine, in writing, the head of the operation or investigation. 7
(3) Before the CEO determines the head of the operation or 8
investigation, the CEO must consult the chair of the Board, and the other 9
members of the Board the CEO thinks appropriate, in relation to the 10
determination. 11
(4) Subject to the consultation with the examiners as is appropriate and 12
practicable, the CEO may make arrangements as to the examiner who is to 13
be able to exercise his or her powers under this Act in relation to a special 14
ACC operation/investigation. 15
7 Counsel assisting ACC 16
The CEO may appoint a lawyer to assist the ACC as counsel in relation 17
to ACC operations/investigations generally or in relation to a particular 18
matter or matters. 19
Division 2--The Board of the ACC 20
8 Functions of the Board 21
(1) The Board has the following functions-- 22
(a) to determine, in writing, whether an ACC State intelligence 23
operation is a special operation or whether an ACC State 24
investigation is a special investigation; 25
(b) to determine, in writing, the class or classes of persons to 26
participate in an ACC State intelligence operation or ACC State 27
investigation; 28
(c) to establish task forces; 29
(d) the other functions conferred on the Board by other provisions of 30
this Act. 31
s9 9 s9
Australian Crime Commission (Queensland) Bill 2003
(2) The Board may determine, in writing, that an ACC State intelligence 1
operation is a special operation. 2
(3) Before making a determination under subsection (2), the Board must 3
consider whether methods of collecting the criminal information and 4
intelligence that do not involve the use of powers in this Act have been 5
effective. 6
(4) The Board may determine, in writing, that an ACC State 7
investigation is a special investigation. 8
(5) Before making a determination under subsection (4), the Board must 9
consider whether ordinary police methods of investigation into the matters 10
are likely to be effective. 11
(6) A determination under subsection (2) or (4) must-- 12
(a) describe the general nature of the circumstances or allegations 13
constituting the relevant criminal activity to which the operation 14
or investigation relates; and 15
(b) state that the serious and organised crime is, or the serious and 16
organised crimes are or include, an offence or offences against a 17
law of the State but need not specify the particular offence or 18
offences; and 19
(c) set out the purpose of the operation or investigation. 20
(7) The chair of the Board must, within the period of 3 days beginning 21
on the day a determination under subsection (2) or (4) is made, give a copy 22
of the determination to the Inter-Governmental Committee. 23
(8) A determination under subsection (2) or (4) has effect immediately 24
after it is made. 25
(9) Sections 9 to 15 have effect in relation to the Board's functions under 26
this Act. 27
9 Board meetings 28
(1) The chair of the Board may convene meetings of the Board. 29
(2) The chair, in exercising his or her power to convene meetings, must 30
ensure that meetings of the Board are scheduled to meet the requirements 31
set out in section 7D of the ACC Act. 32
s 10 10 s 14
Australian Crime Commission (Queensland) Bill 2003
10 Presiding at Board meetings 1
A meeting of the Board must be presided over by-- 2
(a) if the chair of the Board is present--the chair; or 3
(b) otherwise--another eligible Commonwealth Board member who 4
is present and who is nominated, in writing, by the chair to 5
preside. 6
11 Quorum at Board meetings 7
At a meeting of the Board a quorum is constituted by 7 Board members 8
(not including the CEO). 9
12 Voting at Board meetings 10
(1) Subject to this section, a question arising at a meeting of the Board is 11
to be determined by a majority of the votes of Board members present. 12
(2) The person presiding at a meeting has-- 13
(a) a deliberative vote; and 14
(b) if necessary, also a casting vote. 15
(3) The CEO is not entitled to vote on any question arising at a meeting 16
of the Board. 17
(4) The Board can not determine that an ACC State intelligence 18
operation is a special operation, or that an ACC State investigation is a 19
special investigation, unless at least 9 Board members (including at least 2 20
eligible Commonwealth Board members) vote in favour of making the 21
determination. 22
13 Conduct of Board meetings 23
(1) The Board may regulate proceedings at its meetings as it considers 24
appropriate. 25
(2) The Board must ensure that minutes of its meetings are kept. 26
14 Resolutions outside of Board meetings 27
(1) This section applies to a resolution-- 28
s 15 11 s 15
Australian Crime Commission (Queensland) Bill 2003
(a) that, without being considered at a meeting of the Board, is 1
referred to all members of the Board; and 2
(b) of which-- 3
(i) if subparagraph (ii) does not apply--a majority of those 4
members (not including the CEO); or 5
(ii) if the resolution is that the Board determine that an ACC 6
State intelligence operation is a special operation, or that an 7
ACC State investigation is a special investigation--at least 9 8
Board members (not including the CEO but including at 9
least 2 eligible Commonwealth Board members); 10
indicate by telephone or other mode of communication to the 11
chair of the Board that they are in favour. 12
(2) The resolution is as valid and effectual as if it had been passed at a 13
meeting of the Board duly convened and held. 14
15 Board committees 15
(1) The Board may, with the unanimous agreement of all the members of 16
the Board (not including the CEO), establish a committee or committees to 17
assist in carrying out the functions of the Board. 18
(2) The Board may dissolve a committee at any time. 19
(3) The functions of a committee are as determined by the unanimous 20
agreement of all the members of the Board (not including the CEO). 21
(4) However, the Board can not determine that a committee has the 22
function of determining whether an ACC State intelligence operation is a 23
special operation or whether an ACC State investigation is a special 24
investigation. 25
(5) In performing its functions, a committee must comply with any 26
directions given to the committee by the Board. 27
(6) A question arising at a meeting of a committee is to be determined by 28
a majority of the votes of committee members present. 29
(7) However, the CEO is not entitled to vote on any question arising at a 30
meeting of a committee of which he or she is a member. 31
(8) A committee must inform the other members of the Board of its 32
decisions. 33
s 16 12 s 16
Australian Crime Commission (Queensland) Bill 2003
(9) A committee may regulate proceedings at its meetings as it considers 1
appropriate. 2
(10) A committee must ensure that minutes of its meetings are kept. 3
Division 3--The Inter-Governmental Committee 4
16 Functions of Committee 5
(1) Within the period of 30 days beginning on the day the Committee is 6
given a copy of a determination (a "special determination") under 7
section 8(2) or (4), the Committee may by resolution, with the agreement 8
of the member of the Committee representing the Commonwealth and at 9
least 5 other members of the Committee, request the chair of the Board to 10
give further information to the Committee in relation to the determination. 11
(2) Subject to subsection (3), the chair of the Board must comply with 12
the request. 13
(3) If the chair of the Board considers that disclosure of information to 14
the public could prejudice the safety or reputation of persons or the 15
operations of law enforcement agencies, the chair must not give the 16
Committee the information. 17
(4) If the chair of the Board does not give the Committee information on 18
the ground that the chair considers that disclosure of the information to the 19
public could prejudice the safety or reputation of persons or the operations 20
of law enforcement agencies, the Committee may refer the request to the 21
State Minister. 22
(5) If the Committee refers the request to the State Minister, he or she-- 23
(a) must determine in writing whether disclosure of the information 24
could prejudice the safety or reputation of persons or the 25
operations of law enforcement agencies; and 26
(b) must provide copies of that determination to the chair of the 27
Board and the Committee; and 28
(c) must not disclose his or her reasons for determining the question 29
of whether the information could prejudice the safety or 30
reputation of persons or the operations of law enforcement 31
agencies in the way stated in the determination. 32
(6) Within the period of 30 days beginning on the day the Committee 33
makes a request under subsection (1) in relation to a special determination, 34
s 17 13 s 18
Australian Crime Commission (Queensland) Bill 2003
the Committee may by resolution, with the agreement of the member of the 1
Committee representing the Commonwealth and at least 5 other members 2
of the Committee, revoke the determination. 3
(7) The Committee must notify the chair of the Board and the CEO of 4
the revocation. 5
(8) The revocation takes effect when the CEO is so notified. 6
(9) To remove any doubt, it is declared that the revoking of the 7
determination does not affect the validity of any act done in connection 8
with the ACC operation/investigation concerned before the CEO is so 9
notified. 10
(10) The Committee does not have a duty to consider whether to exercise 11
the power under subsection (1) or (6) for any special determination, 12
whether the Committee is requested to do so by any person, or in any other 13
circumstances. 14
PART 3--EXAMINATIONS 15
17 Examinations 16
An examiner may conduct an examination for the purposes of a special 17
ACC operation/investigation. 18
18 Conduct of examination 19
(1) An examiner may regulate the conduct of proceedings at an 20
examination as the examiner thinks fit. 21
(2) At an examination before an examiner-- 22
(a) a person giving evidence may be represented by a lawyer; and 23
(b) if, because of the existence of special circumstances, the 24
examiner consents to a person who is not giving evidence being 25
represented by a lawyer--the person may be so represented. 26
(3) An examination before an examiner must be held in private and the 27
examiner may give directions as to the persons who may be present during 28
the examination or a part of the examination. 29
s 18 14 s 18
Australian Crime Commission (Queensland) Bill 2003
(4) Nothing in a direction given by the examiner under subsection (3) 1
prevents the presence, when evidence is being taken at an examination 2
before the examiner, of-- 3
(a) a person representing the person giving evidence; or 4
(b) a person representing, under subsection (2), a person who, 5
because of a direction given by the examiner under 6
subsection (3), is entitled to be present. 7
(5) If an examination before an examiner is being held, a person (other 8
than a member of the staff of the ACC approved by the examiner) must not 9
be present at the examination unless the person is entitled to be present 10
because of a direction given by the examiner under subsection (3) or 11
because of subsection (4). 12
Maximum penalty--30 penalty units or 1 year's imprisonment. 13
(6) At an examination before an examiner the following persons may, so 14
far as the examiner thinks appropriate, examine or cross-examine any 15
witness on any matter that the examiner considers relevant to the ACC 16
operation/investigation-- 17
(a) counsel assisting the examiner generally or in relation to the 18
matter to which the ACC operation/investigation relates; 19
(b) any person authorised by the examiner to appear before the 20
examiner at the examination; 21
(c) any lawyer representing a person at the examination in 22
accordance with subsection (2). 23
(7) If a person (other than a member of the staff of the ACC) is present at 24
an examination before an examiner while another person (the "witness") is 25
giving evidence at the examination, the examiner must-- 26
(a) inform the witness that the person is present; and 27
(b) give the witness an opportunity to comment on the presence of 28
the person. 29
(8) To remove any doubt, it is declared that a person does not cease to be 30
entitled to be present at an examination before an examiner, or part of an 31
examination before an examiner, if-- 32
(a) the examiner fails to comply with subsection (7); or 33
(b) a witness comments adversely on the presence of the person 34
under subsection (7)(b). 35
s 18 15 s 18
Australian Crime Commission (Queensland) Bill 2003
(9) An examiner may direct that the following must not be published, or 1
must not be published except in the way, and to the persons, that the 2
examiner specifies-- 3
(a) any evidence given before the examiner; 4
(b) the contents of any document, or a description of any thing, 5
produced to the examiner; 6
(c) any information that might enable a person who has given 7
evidence before the examiner to be identified; 8
(d) the fact that any person has given or may be about to give 9
evidence at an examination. 10
(10) The examiner must give a direction under subsection (9) if the 11
failure to do so might prejudice the safety or reputation of a person or 12
prejudice the fair trial of a person who has been, or may be, charged with 13
an offence. 14
(11) Subject to subsection (12), the CEO may, in writing, vary or revoke 15
a direction under subsection (9). 16
(12) The CEO must not vary or revoke a direction if to do so might 17
prejudice the safety or reputation of a person or prejudice the fair trial of a 18
person who has been or may be charged with an offence. 19
(13) If-- 20
(a) a person has been charged with an offence before a Federal Court 21
or before a court of the State; and 22
(b) the court considers that it may be desirable in the interests of 23
justice that particular evidence given before an examiner, being 24
evidence in relation to which the examiner has given a direction 25
under subsection (9), be made available to the person or to a 26
lawyer representing the person; 27
the court may give to the examiner or to the CEO a certificate to that effect. 28
(14) If a court gives a certificate to the examiner or CEO under 29
subsection (13), the examiner or the CEO must make the evidence 30
available to the court. 31
(15) If-- 32
(a) the examiner or the CEO makes evidence available to a court 33
under subsection (14); and 34
s 19 16 s 19
Australian Crime Commission (Queensland) Bill 2003
(b) the court, after examining the evidence, is satisfied that the 1
interests of justice so require; 2
the court may make the evidence available to the person charged with the 3
offence concerned or to a lawyer representing the person. 4
(16) A person must not make a publication in contravention of a 5
direction given under subsection (9). 6
Maximum penalty--30 penalty units or 1 year's imprisonment. 7
(17) At the conclusion of an examination held by an examiner, the 8
examiner must give the head of the special ACC operation/investigation-- 9
(a) a record of the proceedings of the examination; and 10
(b) any documents or other things given to the examiner at, or in 11
connection with, the examination. 12
19 Power to summon witnesses and take evidence 13
(1) An examiner may summon a person to appear before the examiner at 14
an examination to give evidence and to produce the documents or other 15
things, if any, referred to in the summons. 16
(2) Before issuing a summons under subsection (1), the examiner must 17
be satisfied that it is reasonable in all the circumstances to do so. 18
(3) The examiner must also record in writing the reasons for the issue of 19
the summons. 20
(4) A summons under subsection (1) requiring a person to appear before 21
an examiner at an examination must be accompanied by a copy of the 22
determination of the Board that the State ACC intelligence operation is a 23
special operation or that the State ACC investigation is a special 24
investigation. 25
(5) A summons under subsection (1) requiring a person to appear before 26
an examiner at an examination must, unless the examiner issuing the 27
summons is satisfied that, in the particular circumstances of the special 28
ACC operation/investigation to which the examination relates, it would 29
prejudice the effectiveness of the special ACC operation/investigation for 30
the summons to do so, set out, so far as is reasonably practicable, the 31
general nature of the matters in relation to which the examiner intends to 32
question the person. 33
s 20 17 s 20
Australian Crime Commission (Queensland) Bill 2003
(6) Nothing in subsection (5) prevents the examiner from questioning the 1
person in relation to any matter that relates to a special ACC 2
operation/investigation. 3
(7) The examiner who is holding an examination may require a person 4
appearing at the examination to produce a document or other thing. 5
(8) An examiner may, at an examination, take evidence on oath or 6
affirmation and for that purpose-- 7
(a) the examiner may require a person appearing at the examination 8
to give evidence either to take an oath or to make an affirmation 9
in a form approved by the examiner; and 10
(b) the examiner, or a person who is an authorised person in relation 11
to the ACC, may administer an oath or affirmation to a person so 12
appearing at the examination. 13
(9) In this section, a reference to a person who is an authorised person in 14
relation to the ACC is a reference to a person authorised in writing, or a 15
person included in a class of persons authorised in writing, for the purposes 16
of this section by the CEO. 17
(10) The powers conferred by this section are not exercisable except for 18
the purposes of a special ACC operation/investigation. 19
20 Power to obtain documents 20
(1) An examiner may, by notice in writing served on a person, require the 21
person-- 22
(a) to attend, at a time and place specified in the notice, before a 23
person specified in the notice, being the examiner or a member of 24
the staff of the ACC; and 25
(b) to produce at that time and place to the person so specified a 26
document or thing specified in the notice, being a document or 27
thing that is relevant to a special ACC operation/investigation. 28
(2) Before issuing a notice under subsection (1), the examiner must be 29
satisfied that it is reasonable in all the circumstances to do so. 30
(3) The examiner must record in writing the reasons for the issue of the 31
notice. 32
(4) A notice may be issued under this section in relation to a special ACC 33
operation/investigation, whether or not an examination before an examiner 34
is being held for the purposes of the operation or investigation. 35
s 21 18 s 21
Australian Crime Commission (Queensland) Bill 2003
(5) A person must not refuse or fail to comply with a notice served on the 1
person under this section. 2
Maximum penalty--300 penalty units or 5 years imprisonment. 3
(6) The provisions of section 23(3) to (9) apply in relation to a person 4
who is required to produce a document or thing by a notice served on him 5
or her under this section in the same way as they apply in relation to a 6
person who is required to produce a document or thing at an examination 7
before an examiner. 8
21 Disclosure of summons or notice may be prohibited 9
(1) The examiner issuing a summons under section 19 or a notice under 10
section 20 must, or may, as provided in subsection (2), include in it a 11
notation to the effect that disclosure of information about the summons or 12
notice, or any official matter connected with it, is prohibited except in the 13
circumstances, if any, specified in the notation. 14
(2) A notation must not be included in the summons or notice except as 15
follows-- 16
(a) the examiner must include the notation if satisfied that failure to 17
do so would reasonably be expected to prejudice-- 18
(i) the safety or reputation of a person; or 19
(ii) the fair trial of a person who has been or may be charged 20
with an offence; or 21
(iii) the effectiveness of an operation or investigation; 22
(b) the examiner may include the notation if satisfied that failure to 23
do so might prejudice-- 24
(i) the safety or reputation of a person; or 25
(ii) the fair trial of a person who has been or may be charged 26
with an offence; or 27
(iii) the effectiveness of an operation or investigation; 28
(c) the examiner may include the notation if satisfied that failure to 29
do so might otherwise be contrary to the public interest. 30
(3) If a notation is included in the summons or notice, it must be 31
accompanied by a written statement setting out the rights and obligations 32
conferred or imposed by section 22 on the person who was served with, or 33
otherwise given, the summons or notice. 34
s 22 19 s 22
Australian Crime Commission (Queensland) Bill 2003
(4) A notation that is included under this section in any summons or 1
notice relating to the operation or investigation is cancelled by this 2
subsection if, after the ACC has concluded the operation or investigation 3
concerned-- 4
(a) no evidence of an offence has been obtained as described in 5
section 34(1); or 6
(b) evidence of an offence or offences has been assembled and given 7
as required by section 34(1) and the CEO has been advised that 8
no person will be prosecuted; or 9
(c) evidence of an offence or offences committed by only 1 person 10
has been assembled and given as required by section 34(1) and 11
criminal proceedings have begun against that person; or 12
(d) evidence of an offence or offences committed by 2 or more 13
persons has been assembled and given as required by 14
section 34(1) and-- 15
(i) criminal proceedings have begun against all those persons; 16
or 17
(ii) criminal proceedings have begun against 1 or more of those 18
persons and the CEO has been advised that no other of those 19
persons will be prosecuted. 20
(5) If a notation is cancelled by subsection (4), the CEO must serve a 21
written notice of that fact on each person who was served with, or 22
otherwise given, the summons or notice containing the notation. 23
(6) In this section-- 24
"official matter" has the same meaning as in section 22. 25
22 Offences of disclosure 26
(1) A person who is served with, or otherwise given, a summons or 27
notice containing a notation made under section 21 must not disclose-- 28
(a) the existence of the summons or notice or any information about 29
it; or 30
(b) the existence of, or any information about, any official matter 31
connected with the summons or notice. 32
Maximum penalty--30 penalty units or 1 year's imprisonment. 33
s 22 20 s 22
Australian Crime Commission (Queensland) Bill 2003
(2) Subsection (1) does not prevent the person from making a 1
disclosure-- 2
(a) in accordance with the circumstances, if any, specified in the 3
notation; or 4
(b) to a lawyer for the purpose of obtaining legal advice or 5
representation relating to the summons, notice or matter; or 6
(c) if the person is a body corporate--to an officer or agent of the 7
body corporate for the purpose of ensuring compliance with the 8
summons or notice; or 9
(d) if the person is a lawyer--for the purpose of obtaining the 10
agreement of another person under section 23(3) to the lawyer 11
answering a question or producing a document at an examination 12
before an examiner. 13
(3) If a disclosure is made to a person as permitted by subsection (2) or 14
(4), the following provisions apply-- 15
(a) while he or she is a person of a kind to whom a disclosure is so 16
permitted to be made, he or she must not disclose the existence 17
of, or any information about, the summons or notice, or any 18
official matter connected with it, except as permitted by 19
subsection (4); 20
(b) while he or she is no longer a person of a kind to whom a 21
disclosure is so permitted to be made, he or she must not, in any 22
circumstances, make a record of, or disclose the existence of, the 23
summons, notice or matter, or disclose any information about 24
any of them. 25
Maximum penalty--30 penalty units or 1 year's imprisonment. 26
(4) A person to whom information has been disclosed, as permitted by 27
subsection (2) or this subsection, may disclose that information-- 28
(a) if the person is an officer or agent of a body corporate referred to 29
in subsection (2)(c)-- 30
(i) to another officer or agent of the body corporate for the 31
purpose of ensuring compliance with the summons or 32
notice; or 33
(ii) to a lawyer for the purpose of obtaining legal advice or 34
representation relating to the summons, notice or matter; or 35
s 23 21 s 23
Australian Crime Commission (Queensland) Bill 2003
(b) if the person is a lawyer--for the purpose of giving legal advice, 1
or making representations, relating to the summons, notice or 2
matter. 3
(5) This section ceases to apply to a summons or notice after the sooner 4
of-- 5
(a) the cancellation of the notation contained in the summons or 6
notice by section 21(4); or 7
(b) the elapse of 5 years after the issue of the summons or notice. 8
(6) A reference in this section to disclosing something's existence 9
includes disclosing information from which a person could reasonably be 10
expected to infer its existence. 11
(7) In this section-- 12
"official matter" means any of the following (whether past, present or 13
contingent)-- 14
(a) the determination referred to in section 19(4); 15
(b) an ACC operation/investigation; 16
(c) an examination held by an examiner; 17
(d) court proceedings. 18
23 Failure of witnesses to attend and answer questions 19
(1) A person served, as prescribed, with a summons to appear as a 20
witness at an examination before an examiner must not-- 21
(a) fail to attend as required by the summons; or 22
(b) fail to attend from day to day unless excused, or released from 23
further attendance, by the examiner. 24
Maximum penalty--300 penalty units or 5 years imprisonment. 25
(2) A person appearing as a witness at an examination before an 26
examiner must not-- 27
(a) when required under section 19 either to take an oath or make an 28
affirmation--refuse or fail to comply with the requirement; or 29
(b) refuse or fail to answer a question that he or she is required to 30
answer by the examiner; or 31
s 23 22 s 23
Australian Crime Commission (Queensland) Bill 2003
(c) refuse or fail to produce a document or thing that he or she was 1
required to produce by a summons under this Act served on him 2
or her as prescribed. 3
Maximum penalty--300 penalty units or 5 years imprisonment. 4
(3) Subsection (4) applies if-- 5
(a) a lawyer is required to answer a question or produce a document 6
at an examination before an examiner; and 7
(b) the answer to the question would disclose, or the document 8
contains, a privileged communication made by or to the lawyer in 9
his or her capacity as a lawyer. 10
(4) The lawyer is entitled to refuse to comply with the requirement 11
unless the person to whom or by whom the communication was made 12
agrees to the lawyer complying with the requirement. 13
(5) If the lawyer refuses to comply with the requirement, he or she must, 14
if so required by the examiner, give the examiner the name and address of 15
the person to whom or by whom the communication was made. 16
Maximum penalty--300 penalty units or 5 years imprisonment. 17
(6) Subsection (8) limits the use that can be made of any answers given 18
at an examination before an examiner, or documents or things produced at 19
an examination before an examiner. 20
(7) Subsection (8) only applies if-- 21
(a) a person appearing as a witness at an examination before an 22
examiner-- 23
(i) answers a question that he or she is required to answer by 24
the examiner; or 25
(ii) produces a document or thing that he or she was required to 26
produce by a summons under this Act served on him or her 27
as prescribed; and 28
(b) for the production of a document that is, or forms part of, a 29
record of an existing or past business, the document-- 30
(i) sets out details of earnings received by the person from his 31
or her employment; and 32
(ii) does not set out any other information; and 33
(c) before answering the question or producing the document or 34
thing, the person claims that the answer, or the production of the 35
s 24 23 s 24
Australian Crime Commission (Queensland) Bill 2003
document or thing, might tend to incriminate the person or make 1
the person liable to a penalty. 2
(8) The answer, or the document or thing, is not admissible in evidence 3
against the person in a criminal proceeding, or a proceeding for the 4
imposition of a penalty, other than-- 5
(a) confiscation proceedings; or 6
(b) a proceeding in relation to-- 7
(i) in the case of an answer--the falsity of the answer; or 8
(ii) in the case of the production of a document--the falsity of 9
any statement contained in the document. 10
(9) Subsection (4) does not affect the law relating to legal professional 11
privilege. 12
24 Warrant for arrest of witness 13
(1) On application by an examiner, a judge of the Federal Court or the 14
Supreme Court may issue a warrant for the apprehension of a person if the 15
judge is satisfied by evidence on oath that there are reasonable grounds to 16
believe-- 17
(a) that the person has been ordered, under section 28, to deliver his 18
or her passport to the examiner, whether or not the person has 19
complied with the order, but is nevertheless likely to leave 20
Australia for the purpose of avoiding giving evidence before the 21
examiner; or 22
(b) that a summons has been issued under section 19(1) in relation to 23
the person, and the person-- 24
(i) has absconded or is likely to abscond; or 25
(ii) is otherwise attempting, or is otherwise likely to attempt, to 26
evade service of the summons; or 27
(c) that the person has committed an offence under section 23(1) or 28
is likely to do so. 29
(2) The warrant may be executed by any person to whom it is addressed 30
and the person executing it has power to break into and enter any premises, 31
vessel, aircraft or vehicle for the purpose of executing it. 32
(3) A member of the Australian Federal Police can not execute the 33
warrant unless he or she is also a member of the staff of the ACC. 34
s 25 24 s 25
Australian Crime Commission (Queensland) Bill 2003
(4) The warrant may be executed even if the warrant is not at the time in 1
the possession of the person executing it. 2
(5) A person executing the warrant may only use the reasonable force 3
that is necessary for the execution. 4
(6) If a person is apprehended under the warrant, he or she must be 5
brought, as soon as practicable, before a judge of the Federal Court or the 6
Supreme Court. 7
(7) The judge may-- 8
(a) admit the person to bail, with the security the judge thinks fit, on 9
the conditions he or she thinks necessary to ensure the 10
appearance of the person as a witness before the examiner; or 11
(b) order the continued detention of the person for the purposes of 12
ensuring his or her appearance as a witness before the examiner; 13
or 14
(c) order the release of the person. 15
(8) If a person is under detention under this section, he or she must-- 16
(a) within 14 days after he or she was brought, or last brought, 17
before a judge of the Federal Court or the Supreme Court under 18
this section; or 19
(b) within the shorter or longer time as a judge has fixed on the last 20
previous appearance of the person before a judge under this 21
section; 22
be again brought before a judge. 23
(9) The judge may then exercise any of the powers of a judge under 24
subsection (7). 25
(10) In this section-- 26
"Australia" includes the external Territories. 27
25 False or misleading evidence 28
A person must not, at an examination before an examiner, give evidence 29
that the person knows is false or misleading in a material particular. 30
Maximum penalty--300 penalty units or 5 years imprisonment. 31
s 26 25 s 28
Australian Crime Commission (Queensland) Bill 2003
26 Protection of witnesses from harm or intimidation 1
(1) This section applies if it appears to an examiner that, because of the 2
fact that a person-- 3
(a) is to appear, is appearing or has appeared at an examination 4
before the examiner to give evidence or to produce a document or 5
thing; or 6
(b) proposes to give or has given information, or proposes to produce 7
or has produced a document or thing, to the ACC otherwise than 8
at an examination before the examiner; 9
the safety of the person may be prejudiced or the person may be subjected 10
to intimidation or harassment. 11
(2) The examiner may make the arrangements (including arrangements 12
with the State Minister or with members of the Australian Federal Police or 13
of the Queensland Police Service) that are necessary to avoid prejudice to 14
the safety of the person, or to protect the person from intimidation or 15
harassment. 16
27 Legal protection of examiners, counsel and witnesses 17
(1) An examiner has, in the performance of his or her functions or the 18
exercise of his or her powers as an examiner in relation to an examination 19
before the examiner, the same protection and immunity as a justice of the 20
High Court. 21
(2) A lawyer assisting the ACC or an examiner or representing a person 22
at an examination before an examiner has the same protection and 23
immunity as a barrister has in appearing for a party in proceedings in the 24
High Court. 25
(3) Subject to this Act, a person summoned to attend or appearing before 26
an examiner as a witness has the same protection as a witness in 27
proceedings in the High Court. 28
28 Order for delivery to examiner of passport of witness 29
(1) Subsection (2) applies if, on application by an examiner, a judge of 30
the Federal Court sitting in chambers is satisfied by evidence on oath that-- 31
(a) in connection with a special ACC operation/investigation, a 32
summons has been issued under this Act requiring a person to 33
appear before an examiner at an examination (whether or not the 34
s 28 26 s 28
Australian Crime Commission (Queensland) Bill 2003
summons has been served), or a person has appeared before an 1
examiner at an examination, to give evidence or to produce 2
documents or other things; and 3
(b) there are reasonable grounds for believing that the person may be 4
able to give to the examiner evidence or further evidence that is, 5
or to produce to the examiner documents or other things or 6
further documents or other things that are, relevant to the special 7
ACC operation/investigation and could be of particular 8
significance to the special ACC operation/investigation; and 9
(c) there are reasonable grounds for suspecting that the person 10
intends to leave Australia and has in his or her possession, 11
custody or control a passport issued to him or her; 12
(2) The judge may make an order requiring the person to appear before a 13
judge of the Federal Court on a date, and at a time and place, specified in 14
the order to show cause why he or she should not be ordered to deliver the 15
passport to the examiner. 16
(3) If a person appears before a judge of the Federal Court under an 17
order made under subsection (2), the judge may, if he or she thinks fit, 18
make an order-- 19
(a) requiring the person to deliver to the examiner any passport 20
issued to him or her that is in his or her possession, custody or 21
control; and 22
(b) authorising the examiner to retain the passport until the 23
expiration of the period, not exceeding one month, specified in 24
the order. 25
(4) A judge of the Federal Court may, on application by the examiner, 26
extend for a further period (not exceeding 1 month) or further periods (not 27
exceeding 1 month in each case) the period for which the examiner is 28
authorised to retain a passport under an order made under subsection (3), 29
but so that the total period for which the examiner is authorised to retain the 30
passport does not exceed 3 months. 31
(5) A judge of the Federal Court may, at any time while the examiner is 32
authorised under an order made under this section to retain a passport 33
issued to a person, on application made by the person, revoke the order and, 34
if the order is revoked, the examiner must immediately return the passport 35
to the person. 36
s 29 27 s 29
Australian Crime Commission (Queensland) Bill 2003
(6) In this section-- 1
"Australia" includes the external Territories. 2
PART 4--SEARCH WARRANTS 3
29 Search warrants 4
(1) An eligible person may apply to an issuing officer for the issue of a 5
warrant under subsection (2) if-- 6
(a) the eligible person has reasonable grounds for suspecting that, on 7
a particular day (the "relevant day"), being the day on which, or 8
a particular day within 1 month after the day on which, the 9
application is made, there may be, on any land or on or in any 10
premises, vessel, aircraft or vehicle, a thing of a particular kind 11
connected with a special ACC operation/investigation (a "thing 12
of the relevant kind"); and 13
(b) the eligible person believes on reasonable grounds that, if a 14
summons were issued for the production of the thing, the thing 15
might be concealed, lost, mutilated or destroyed. 16
(2) If an application under subsection (1) is made, the issuing officer 17
may issue a warrant authorising a person named in the warrant (the 18
"authorised person"), with the assistance the authorised person thinks 19
necessary and if necessary by force-- 20
(a) to enter the land or on or into the premises, vessel, aircraft or 21
vehicle; and 22
(b) to search the land, premises, vessel, aircraft or vehicle for a thing 23
of the relevant kind; and 24
(c) to seize any thing of the relevant kind found on the land or on or 25
in the premises, vessel, aircraft or vehicle; and 26
(d) deliver a thing so seized to any person participating in the special 27
ACC operation/investigation. 28
(3) A member of the Australian Federal Police can not be an authorised 29
person unless he or she is also a member of the staff of the ACC. 30
s 29 28 s 29
Australian Crime Commission (Queensland) Bill 2003
(4) An issuing officer must not issue a warrant under subsection (2) 1
unless-- 2
(a) an affidavit has been given to him or her setting out the grounds 3
on which the issue of the warrant is being sought; and 4
(b) the applicant, or some other person, has given to the issuing 5
officer, either orally or by affidavit, the further information, if 6
any, the issuing officer requires concerning the grounds on which 7
the issue of the warrant is being sought; and 8
(c) the issuing officer is satisfied that there are reasonable grounds 9
for issuing the warrant. 10
(5) If an issuing officer issues a warrant under subsection (2), he or she 11
must state on the affidavit given to him or her as mentioned in subsection 12
(4)(a) which of the grounds specified in that affidavit he or she has relied on 13
to justify the issue of the warrant and particulars of any other grounds 14
relied on by him or her to justify the issue of the warrant. 15
(6) A warrant issued under this section must-- 16
(a) include a statement of the purpose for which the warrant is 17
issued, which must include a reference to the special ACC 18
operation/investigation and with which the thing of the relevant 19
kind is connected; and 20
(b) state whether entry is authorised to be made at any time of the 21
day or night or during specified hours of the day or night; and 22
(c) include a description of the kind of thing authorised to be seized; 23
and 24
(d) specify a date, not being later than 1 month after the date of issue 25
of the warrant, on which the warrant ceases to have effect. 26
(7) A warrant issued under this section may be executed, in accordance 27
with its terms, at any time during the period commencing on the relevant 28
day and ending on the date specified in the warrant as the date on which the 29
warrant ceases to have effect. 30
(8) A person executing a warrant issued under this section may only use 31
the reasonable force necessary for the execution. 32
(9) Subsection (10) applies if, in the course of searching, under a warrant 33
issued under this section, for a thing of the relevant kind, the person 34
executing the warrant-- 35
s 29 29 s 29
Australian Crime Commission (Queensland) Bill 2003
(a) finds a thing that he or she believes on reasonable grounds to be 1
evidence that would be admissible in the prosecution of a person 2
for an offence against a law of the Commonwealth or of a State, 3
or of a Territory; and 4
(b) he or she believes on reasonable grounds that it is necessary to 5
seize the thing to prevent its concealment, loss, mutilation or 6
destruction, or its use in committing the offence. 7
(10) The person may seize the thing and, if he or she does so, the thing is 8
to be taken, for the purposes of this Act, to have been seized under the 9
warrant. 10
(11) If a thing is seized under a warrant issued under this section-- 11
(a) the head of the special ACC operation/investigation may retain 12
the thing if, and for so long as, retention of the thing by the head 13
of the special ACC operation/investigation is reasonably 14
necessary for the purposes of the special ACC 15
operation/investigation to which the thing is relevant; and 16
(b) if the retention of the thing by the head of the special ACC 17
operation/investigation is not, or ceases to be, reasonably 18
necessary for the purposes mentioned in paragraph (a), a person 19
participating in the special ACC operation/investigation must 20
cause the thing to be delivered to-- 21
(i) if the thing may be used in evidence in proceedings of a 22
kind referred to in subsection (15)--the authority or person 23
responsible for taking the proceedings; or 24
(ii) if subparagraph (i) does not apply--the person who appears 25
to the person participating in the special ACC 26
operation/investigation to be entitled to the possession of 27
the thing; 28
unless the CEO has given the thing to the Attorney-General of 29
the Commonwealth or of a State, or to a law enforcement agency, 30
or to another person or authority, under section 34(1)(a), (b) or 31
(c). 32
(12) A person participating in the special ACC operation/investigation 33
may, instead of delivering a thing under subsection (11)(b)(ii), deliver the 34
thing to the Attorney-General of the Commonwealth or of a State, or to a 35
law enforcement agency, for the purpose of assisting in the investigation of 36
criminal offences, if the person participating in the special ACC 37
s 30 30 s 30
Australian Crime Commission (Queensland) Bill 2003
operation/investigation is satisfied that the thing is likely to be useful for 1
that purpose. 2
(13) Nothing in this section affects a right of a person to apply for, or the 3
power of a person to issue, a warrant, being a right or power existing 4
otherwise than by virtue of this section. 5
(14) Subsection (10) does not limit a power under the Police Powers and 6
Responsibilities Act 2000, section 113.1 7
(15) Without limiting subsection (1)(a), a reference in this section to a 8
thing connected with a special ACC operation/investigation, includes a 9
reference to a thing that may be used in evidence in proceedings for the 10
taking, by or on behalf of the State, the Commonwealth, another State or a 11
Territory, of civil remedies for a matter connected with, or arising out of, an 12
offence to which the special ACC operation/investigation relates. 13
(16) In this section-- 14
"thing" includes a document. 15
30 Application by telephone for search warrants 16
(1) If, because of circumstances of urgency, an eligible person considers 17
it necessary to do so, the eligible person may make application by 18
telephone for a warrant under section 29. 19
(2) Before so making application, the eligible person must prepare an 20
affidavit that sets out the grounds on which the issue of the warrant is being 21
sought, but may, if it is necessary to do so, make the application before the 22
affidavit has been sworn. 23
(3) If an issuing officer issues a warrant under section 29 on an 24
application made by telephone, he or she must-- 25
(a) complete and sign the warrant; and 26
(b) inform the eligible person who made the application of the terms 27
of the warrant and the date on which and the time at which it was 28
signed; and 29
(c) record on the warrant his or her reasons for issuing the warrant; 30
and 31
1 Police Powers and Responsibilities Act 2000, section 113 (Power to seize evidence
generally)
s 31 31 s 32
Australian Crime Commission (Queensland) Bill 2003
(d) send a copy of the warrant to the CEO. 1
(4) If a warrant is issued under section 29 on an application made by 2
telephone-- 3
(a) a member of the staff of the ACC or a member of the Queensland 4
Police Service may complete a form of warrant in the terms 5
indicated by the issuing officer under subsection (3); and 6
(b) if a form of warrant is so completed, the member must write on it 7
the name of the issuing officer who issued the warrant and the 8
date on which and the time at which it was signed. 9
(5) If a person completes a form of warrant under subsection (4), the 10
person must, not later than the day next following the date of expiry of the 11
warrant, send to the issuing officer who signed the warrant the form of 12
warrant completed by him or her and the affidavit duly sworn in connection 13
with the warrant. 14
(6) On receipt of the documents referred to in subsection (5) the issuing 15
officer must attach them to the warrant signed by him or her and deal with 16
the documents in the way in which he or she would have dealt with the 17
affidavit if the application for the warrant had been made to him or her 18
under section 29. 19
(7) A form of warrant duly completed under subsection (4) is to be taken 20
to be a warrant issued under section 29. 21
PART 5--PERFORMANCE OF FUNCTIONS AND 22
EXERCISE OF POWERS 23
31 Consent of Board may be needed before functions can be 24
performed 25
The conferral of a function on a Commonwealth body or person by this 26
Act is subject to any provision of the ACC Act that requires the consent of 27
the Board before the function can be performed. 28
32 Functions not affected by State laws 29
A Commonwealth body or person is not precluded by any law of the 30
State from performing a function conferred by this Act. 31
s 33 32 s 34
Australian Crime Commission (Queensland) Bill 2003
33 Extent to which functions are conferred 1
(1) This Act does not purport to confer a duty on a Commonwealth body 2
or person to perform a function, or to exercise a power, if the conferral of 3
the duty would be beyond the legislative power of the Parliament of the 4
State. 5
(2) This section does not limit the operation of section 35 or the Acts 6
Interpretation Act 1954, section 9.2 7
34 Performance of functions 8
(1) If the ACC, in carrying out an ACC operation/investigation, obtains 9
evidence of an offence against a law of the Commonwealth or of a State or 10
Territory, being evidence that would be admissible in a prosecution for the 11
offence, the CEO must assemble the evidence and give it to-- 12
(a) the Attorney-General of the Commonwealth or the State, as the 13
case requires; or 14
(b) the relevant law enforcement agency; or 15
(c) any person or authority (other than a law enforcement agency) 16
who is authorised by or under a law of the Commonwealth or of 17
the State or Territory to prosecute the offence. 18
(2) If the ACC, in carrying out an ACC operation/investigation, obtains 19
evidence that would be admissible in confiscation proceedings, the CEO 20
may assemble the evidence and give it to-- 21
(a) the Attorney-General of the Commonwealth or the relevant State, 22
as the case requires; or 23
(b) a relevant law enforcement agency; or 24
(c) any person or authority (other than a law enforcement agency) 25
who is authorised to commence the confiscation proceedings. 26
(3) If, as a result of the performance of any of the ACC's functions, the 27
Board considers that 1 of the following recommendations should be made 28
to the Commonwealth Minister or to the appropriate State Minister of a 29
participating State, the Board may make the recommendation to the 30
Commonwealth Minister or appropriate State Minister-- 31
2 Acts Interpretation Act 1954, section 9 (Act to be interpreted not to exceed
Parliament's legislative power)
s 35 33 s 35
Australian Crime Commission (Queensland) Bill 2003
(a) for reform of the law relating to relevant offences, including-- 1
(i) evidence and procedure applicable to the trials of relevant 2
offences; and 3
(ii) relevant offences in relation to, or involving, corporations; 4
and 5
(iii) taxation, banking and financial frauds; and 6
(iv) reception by Australian courts of evidence obtained in 7
foreign countries as to relevant offences; and 8
(v) maintenance and preservation of taxation, banking and 9
financial records; 10
(b) for reform of administrative practices; 11
(c) for reform of administration of the courts in relation to trials of 12
relevant offences. 13
(4) If the ACC has obtained particular information or intelligence in the 14
course of performing 1 or more of its functions, nothing in this Act is to be 15
taken to prevent the ACC from making use of the information or 16
intelligence in the performance of any of its other functions. 17
35 Functions of federal judicial officers 18
(1) A function conferred on a federal judicial officer by this Act is 19
conferred on the federal judicial officer in a personal capacity and not as a 20
court or a member of a court. 21
(2) The federal judicial officer need not accept the function conferred. 22
(3) Anything done or made by a federal judicial officer under this Act has 23
effect only by virtue of this Act and is not to be taken by implication to be 24
done or made by a court. 25
(4) A federal judicial officer performing a function under this Act has the 26
same protection and immunity as if he or she were performing that function 27
as, or as a member of, a court (being the court of which the federal judicial 28
officer is a member). 29
(5) In this section-- 30
"federal judicial officer" means a judge of the Federal Court or a Federal 31
Magistrate. 32
s 36 34 s 39
Australian Crime Commission (Queensland) Bill 2003
36 Limitation on challenge to Board determination 1
If-- 2
(a) an ACC State intelligence operation is determined by the Board 3
to be a special operation; or 4
(b) an ACC State investigation is determined by the Board to be a 5
special investigation; 6
then, except in a proceeding instituted by the Attorney-General of the 7
Commonwealth or of a State, any act or thing done by the ACC because of 8
that determination must not be challenged, reviewed, quashed or called in 9
question in any court of the State on the ground that the determination was 10
not lawfully made. 11
37 Cooperation with law enforcement agencies and coordination 12
with overseas authorities 13
(1) In performing its functions under this Act, the ACC must, so far as is 14
practicable, work in cooperation with law enforcement agencies. 15
(2) In performing its functions under this Act, the ACC may coordinate 16
its activities with the activities of authorities and persons in other countries 17
performing functions similar to functions of the ACC. 18
38 Incidental powers of ACC 19
The ACC has power to do all things necessary to be done for or in 20
connection with, or reasonably incidental to, the performance of its 21
functions under this Act, and any specific powers conferred on the ACC by 22
this Act are not to be taken to limit by implication the generality of this 23
section. 24
PART 6--GENERAL 25
39 Double jeopardy 26
A person is not liable to be punished for an act or omission that is an 27
offence under this Act if-- 28
s 40 35 s 40
Australian Crime Commission (Queensland) Bill 2003
(a) the act or omission is also an offence under the ACC Act; and 1
(b) the person has been punished for the offence under the ACC Act. 2
40 Proceedings for an offence 3
(1) Subject to subsection (2), a proceeding for an offence against this Act 4
must be taken in a summary way under the Justices Act 1886 within the 5
later of the following-- 6
(a) 1 year after the offence is committed; 7
(b) 1 year after the commission of the offence comes to the 8
complainant's knowledge, but within 2 years after the 9
commission of the offence. 10
(2) A proceeding for an indictable offence may, at the election of the 11
prosecution, be taken-- 12
(a) by way of summary proceedings under subsection (1); or 13
(b) on indictment. 14
(3) A proceeding against a person for an indictable offence must be 15
before a magistrate if it is a proceeding-- 16
(a) for the summary conviction of the person; or 17
(b) for an examination of witnesses in relation to the charge. 18
(4) If a proceeding for an indictable offence is brought before a justice 19
who is not a magistrate, jurisdiction is limited to taking or making a 20
procedural action or order as defined under the Justices of the Peace and 21
Commissioners for Declarations Act 1991. 22
(5) If the magistrate hearing a charge of an indictable offence considers 23
the charge should be prosecuted on indictment, the magistrate-- 24
(a) must not decide the charge as a summary offence; and 25
(b) must proceed by way of a committal proceeding. 26
(6) If a magistrate acts under subsection (5)-- 27
(a) any plea of the person charged, made at the start of the 28
proceeding, must be disregarded; and 29
(b) any evidence brought in the proceeding before the magistrate 30
decided to act under subsection (5) is taken to be evidence in the 31
s 41 36 s 43
Australian Crime Commission (Queensland) Bill 2003
proceeding for the committal of the person for trial or sentence; 1
and 2
(c) before committing the person for trial or sentence, the magistrate 3
must make a statement to the person under the Justices Act 1886, 4
section 104(2)(b).3 5
(7) The maximum penalty that may be imposed on a summary 6
conviction of an indictable offence is 30 penalty units or 1 year's 7
imprisonment. 8
(8) In this section-- 9
"indictable offence" means an offence to which section 41 applies. 10
41 Indictable offences 11
An offence against this Act punishable by at least 5 years imprisonment 12
is a crime. 13
42 Arrangements for Board to obtain information or intelligence 14
The State Minister may make an arrangement with the Commonwealth 15
Minister for the Board to be given by the State, or an authority of the State, 16
information or intelligence relating to relevant criminal activities. 17
43 Administrative arrangements with the Commonwealth 18
The State Minister may make an arrangement with the Commonwealth 19
Minister under which the State will, as agreed on under the arrangement, 20
make available a person who is an officer or employee of the State or of an 21
authority of the State or a member of the Queensland Police Service to 22
perform services for the ACC. 23
3 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 44 37 s 45
Australian Crime Commission (Queensland) Bill 2003
44 Judges to perform functions under the ACC Act 1
A Supreme Court judge may perform functions conferred on the judge 2
by section 22, 23 or 31 of the ACC Act.4 3
45 Providing reports and information 4
(1) The chair of the Board must keep the Commonwealth Minister 5
informed of the general conduct of the ACC in the performance of the 6
ACC's functions under this Act. 7
(2) If the Commonwealth Minister requests the chair of the Board to give 8
to him or her information about a specific matter relating to the ACC's 9
conduct in the performance of its functions under this Act, the chair must 10
comply with the request. 11
(3) Subject to subsection (4), if the State Minister requests the chair of 12
the Board to give to him or her information about a specific matter relating 13
to the ACC's conduct in the performance of its functions under this Act, the 14
chair must comply with the request. 15
(4) If the chair of the Board considers that disclosure of information to 16
the public could prejudice the safety or reputation of persons or the 17
operations of law enforcement agencies, the chair must not provide the 18
information under subsection (3). 19
(5) Subject to subsection (7), the chair of the Board-- 20
(a) must, when requested by the Inter-Governmental Committee to 21
give information to the Committee about a specific matter 22
relating to an ACC operation/investigation that the ACC has 23
conducted or is conducting, comply with the request; and 24
(b) must when requested by the Inter-Governmental Committee to 25
do so, and may at the other times the chair of the Board thinks 26
appropriate, inform the Committee about the general conduct of 27
the ACC in the performance of the ACC's functions under this 28
Act. 29
(6) Subject to subsection (7), the chair of the Board must give to the 30
Inter-Governmental Committee, for transmission to the Governments 31
4 Australian Crime Commission Act 2002 (Cwlth), section 22 (Search warrants),
23 (Application by telephone for search warrants) or 31 (Warrant for arrest of
witness)
s 45 38 s 45
Australian Crime Commission (Queensland) Bill 2003
represented on the Committee, a report of the findings of any special ACC 1
operation/investigation conducted by the ACC. 2
(7) The chair of the Board-- 3
(a) must not give to the Inter-Governmental Committee any matter 4
the disclosure of which to members of the public could prejudice 5
the safety or reputation of persons or the operations of law 6
enforcement agencies ("relevant matter"); and 7
(b) if the findings of the ACC in an investigation include any relevant 8
matter, must prepare a separate report in relation to the relevant 9
matter and give that report to the State Minister. 10
(8) The chair of the Board may include in a report given under 11
subsection (6) a recommendation that the report be laid before the 12
Legislative Assembly. 13
(9) The CEO may give to a relevant authority any information that has 14
come into the ACC's possession under this Act and that is relevant to the 15
activities of that agency or authority if-- 16
(a) it appears to the CEO to be appropriate to do so; and 17
(b) to do so would not be contrary to a law of the Commonwealth, a 18
State or a Territory that would otherwise apply. 19
(10) The CEO may, whenever it appears to the CEO to be appropriate to 20
do so, give to authorities and persons responsible for taking civil remedies 21
by or on behalf of the Commonwealth, a State or a Territory, any 22
information that has come into the ACC's possession under this Act and 23
that may be relevant for the purposes of so taking the remedies for matters 24
connected with, or arising out of, offences against-- 25
(a) the laws of the Commonwealth; or 26
(b) the laws of a State; or 27
(c) the laws of a Territory. 28
(11) If any information relating to the performance of the functions of an 29
authority of the Commonwealth or a State or the Administration of a 30
Territory comes into the ACC's possession under this Act, the CEO may, if 31
he or she considers it desirable to do so-- 32
(a) give that information to the authority or Administration; and 33
(b) make any recommendations to the authority or Administration as 34
to the performance of its functions that the CEO considers 35
appropriate. 36
s 46 39 s 46
Australian Crime Commission (Queensland) Bill 2003
(12) A report under this Act that sets out any finding that an offence has 1
been committed, or makes any recommendation for the institution of a 2
prosecution for an offence, must not be made available to the public unless 3
the finding or recommendation is expressed to be based on evidence that 4
would be admissible in the prosecution of a person for that offence. 5
(13) The CEO may, whenever it appears to the CEO to be appropriate to 6
do so, give to the Australian Security Intelligence Organisation any 7
information that has come into the ACC's possession under this Act and 8
that is relevant to security as defined in section 4 of the Australian Security 9
Intelligence Organisation Act 1979 (Cwlth). 10
(14) In this section-- 11
"relevant authority" means-- 12
(a) a law enforcement agency; or 13
(b) a foreign law enforcement agency; or 14
(c) an authority of the Commonwealth, a State or a Territory 15
prescribed under a regulation. 16
46 Secrecy 17
(1) This section applies to-- 18
(a) the CEO; and 19
(b) a member of the Board; and 20
(c) a member of the staff of the ACC; and 21
(d) an examiner. 22
(2) A person to whom this section applies must not, either directly or 23
indirectly, except for the purposes of a relevant Act or otherwise in 24
connection with the performance of his or her functions under a relevant 25
Act, and either while he or she is or after he or she ceases to be a person to 26
whom this section applies-- 27
(a) make a record of any relevant information; or 28
(b) divulge or communicate to any person any relevant information. 29
Maximum penalty--75 penalty units or 1 year's imprisonment. 30
(3) A person to whom this section applies can not be required to produce 31
in any court a relevant document, or to divulge or communicate to a court a 32
relevant matter or thing, except if the ACC, or the CEO, the acting CEO, a 33
s 47 40 s 47
Australian Crime Commission (Queensland) Bill 2003
member of the Board or an examiner in his or her official capacity, is a 1
party to the relevant proceeding or it is necessary to do so-- 2
(a) for the purpose of carrying into effect the provisions of a relevant 3
Act; or 4
(b) for the purposes of a prosecution instituted as a result of an 5
operation or investigation carried out by the ACC in the 6
performance of its functions. 7
(4) In this section-- 8
"court" includes any tribunal, authority or person having power to require 9
the production of documents or the answering of questions. 10
"member of the staff of the ACC" means-- 11
(a) a person referred to in the definition "member of the staff of the 12
ACC" in section 4(1) of the ACC Act; or 13
(b) a person who assists, or performs services for or on behalf of, a 14
lawyer appointed under section 7 in the performance of the 15
lawyer's functions as counsel to the ACC. 16
"produce" includes permit access to. 17
"relevant Act" means the ACC Act, this Act or any corresponding Act of 18
another State. 19
"relevant document" means a document that has come into a person's 20
custody or control in the course of, or because of, the performance of 21
the person's functions under this Act. 22
"relevant information" means information acquired by a person because 23
of, or in the course of, the performance of the person's functions under 24
this Act. 25
"relevant matter or thing" means a matter or thing that has come to a 26
person's notice in the performance of the person's functions under this 27
Act. 28
47 Delegation 29
The CEO may, by writing, delegate to a member of the staff of the ACC 30
who is an SES employee, or an acting SES employee, all or any of the 31
CEO's functions under this Act. 32
s 48 41 s 51
Australian Crime Commission (Queensland) Bill 2003
48 Liability for damages 1
A member of the Board is not liable to an action or other proceeding for 2
damages for or in relation to an act done or omitted in good faith in 3
performance or purported performance of any function conferred or 4
expressed to be conferred by or under this Act. 5
49 Obstructing, hindering or disrupting the ACC or an examiner 6
A person must not-- 7
(a) obstruct or hinder-- 8
(i) the ACC in the performance of its functions; or 9
(ii) an examiner in the performance of his or her functions as an 10
examiner; or 11
(b) disrupt an examination before an examiner. 12
Maximum penalty--300 penalty units or 5 years imprisonment. 13
50 Public meetings and bulletins 14
(1) The Board may hold meetings in public to inform the public about, or 15
receive submissions in relation to, the performance of the ACC's functions, 16
including its functions under this Act. 17
(2) The Board may publish bulletins to inform the public about the 18
performance of the ACC's functions, including its functions under this Act. 19
(3) The Board must not-- 20
(a) divulge in the course of a meeting held under subsection (1); or 21
(b) include in a bulletin published under subsection (2); 22
any matter the disclosure of which to members of the public could 23
prejudice the safety or reputation of a person or prejudice the fair trial of a 24
person who has been or may be charged with an offence. 25
51 Annual report 26
(1) An annual report in relation to a year must include the following-- 27
(a) a description of any ACC State investigation that the ACC 28
conducted during the year and that the Board determined to be a 29
special investigation; 30
s 51 42 s 51
Australian Crime Commission (Queensland) Bill 2003
(b) a description, which may include statistics, of any patterns or 1
trends, and the nature and scope, of any criminal activity that 2
have come to the attention of the ACC during that year in the 3
performance of its functions under this Act; 4
(c) any recommendations for changes in the laws of the 5
Commonwealth, of a participating State or of a Territory, or for 6
administrative action, that, as a result of the performance of the 7
ACC's functions under this Act, the Board considers should be 8
made; 9
(d) the general nature and the extent of any information given by the 10
CEO during that year under this Act to a law enforcement 11
agency; 12
(e) the extent to which ACC State investigations have resulted in the 13
prosecution in that year of persons for offences; 14
(f) the extent to which ACC State investigations have resulted in 15
confiscation proceedings; 16
(g) particulars of the number and results of court proceedings 17
involving the ACC in relation to its functions under this Act 18
being proceedings that were determined, or otherwise disposed 19
of, during that year. 20
(2) An annual report must not-- 21
(a) identify persons as being suspected of having committed 22
offences; or 23
(b) identify persons as having committed offences unless those 24
persons have been convicted of those offences. 25
(3) In any annual report the chair of the Board must take reasonable care 26
to ensure that the identity of a person is not revealed if to reveal his or her 27
identity might, having regard to any material appearing in the report, 28
prejudice the safety or reputation of a person or prejudice the fair trial of a 29
person who has been or may be charged with an offence. 30
(4) The State Minister is to cause a copy of-- 31
(a) each annual report that he or she receives; and 32
(b) any comments made on the report by the Inter-Governmental 33
Committee, being comments that accompanied the report; 34
to be laid before the Legislative Assembly within 15 sitting days after he or 35
she receives the report. 36
s 52 43 s 55
Australian Crime Commission (Queensland) Bill 2003
(5) In this section-- 1
"annual report" means a report by the chair of the Board under section 61 2
of the ACC Act. 3
52 Things done for multiple purposes 4
The validity of anything done for the purposes of this Act is not affected 5
only because it was done also for the purposes of the ACC Act. 6
53 Regulation-making power 7
(1) The Governor in Council may make regulations under this Act. 8
(2) Without limiting subsection (1), a regulation may provide for the 9
approval or prescription of forms for use under this Act. 10
PART 7--REPEAL, SAVINGS AND TRANSITIONAL 11
PROVISIONS 12
Division 1--Repeal 13
54 Repeal 14
The National Crime Authority (State Provisions) Act 1985 No. 64 is 15
repealed. 16
Division 2--Savings and transitional provisions 17
55 Terms used in this division 18
In this division-- 19
"NCA investigation" means an investigation under the NCA (State 20
Provisions) Act, section 5(4). 21
"NCA (State Provisions) Act" means the National Crime Authority (State 22
Provisions) Act 1985. 23
s 56 44 s 61
Australian Crime Commission (Queensland) Bill 2003
56 Particular investigations taken to be special investigations 1
If an ACC State investigation relates to a matter into which an NCA 2
investigation had been commenced but not completed before 1 January 3
2003, the Board of the ACC is taken to have determined, in writing, that the 4
ACC State investigation is a special investigation. 5
57 Assembling and giving evidence obtained by the NCA 6
If-- 7
(a) before 1 January 2003, the National Crime Authority obtained 8
evidence of a kind referred to in section 6(1) of the NCA (State 9
Provisions) Act; but 10
(b) the National Crime Authority had not assembled and given the 11
evidence as mentioned in that subsection before 1 January 2003; 12
section 34(1) applies as if that evidence had been obtained by the ACC in 13
carrying out an ACC operation/investigation. 14
58 Limitation on challenges to validity of references 15
Section 8 of the NCA (State Provisions) Act continues to apply in 16
relation to a reference made under that Act as if that section had not been 17
repealed by this Act. 18
59 Arrangements to obtain information or intelligence 19
An arrangement that was in force under section 11 of the NCA (State 20
Provisions) Act immediately before 1 January 2003 has effect as if it had 21
been made under section 42. 22
60 Things seized under search warrants 23
If a thing seized under a warrant under section 12 of the NCA (State 24
Provisions) Act is in the ACC's possession, section 29(11) and (12) apply 25
to that thing as if it had been seized under a warrant under section 29. 26
61 Directions as to publication 27
(1) If a direction was in force under section 16(9) of the NCA (State 28
Provisions) Act immediately before 1 January 2003-- 29
s 62 45 s 65
Australian Crime Commission (Queensland) Bill 2003
(a) the direction has effect; and 1
(b) section 18(11), (12) and (16) apply to the direction as if it were a 2
direction under section 18(9). 3
(2) Section 18(13) to (15), so far as they relate to the CEO, apply to 4
evidence in relation to which a direction was given under section 16(9) of 5
the NCA (State Provisions) Act as if it were evidence given before an 6
examiner in relation to which the examiner has given a direction under 7
section 18(9). 8
62 Disclosure of summons or notice 9
If a nondisclosure statement made in connection with an NCA 10
investigation was in force under section 18A of the NCA (State Provisions) 11
Act immediately before 1 January 2003-- 12
(a) the nondisclosure statement has effect; 13
(b) section 22 applies to the summons or notice containing the 14
nondisclosure statement as if it were a notation; and 15
(c) if there is an ACC operation/investigation relating to the matter to 16
which the NCA investigation related, section 21(4) and (5) apply 17
as if the nondisclosure statement were a notation that had been 18
made in connection with the ACC operation/investigation. 19
63 Witness protection 20
Arrangements that were in effect under section 24 of the NCA (State 21
Provisions) Act immediately before 1 January 2003 have effect as if they 22
had been made under section 26. 23
64 Administrative arrangements in relation to the NCA 24
An arrangement that was in force under section 28(b) of the NCA (State 25
Provisions) Act immediately before 1 January 2003 has effect as if it had 26
been made under section 43. 27
65 Secrecy obligations 28
(1) Section 46(2) and (3) extend to a former official (whether or not he or 29
she is or has been a person to whom section 46 applies) as if-- 30
s 66 46 s 67
Australian Crime Commission (Queensland) Bill 2003
(a) references in section 46 to this Act or to a corresponding Act of 1
another State included references to the NCA (State Provisions) 2
Act or to a corresponding Act of another State; and 3
(b) the reference in section 46(3)(b) to an investigation carried out 4
by the ACC included a reference to an investigation carried out 5
by the National Crime Authority before 1 January 2003. 6
(2) In this section-- 7
"former official" means a person who was, at any time, a person to whom 8
section 30 of the NCA (State Provisions) Act applied. 9
66 Validation of administrative actions 10
The Co-operative Schemes (Administrative Actions) Act 2001 (the 11
"validation Act") applies to administrative actions that have been taken, or 12
have purportedly been taken, under the NCA (State Provisions) Act as if-- 13
(a) the NCA (State Provisions) Act were still a relevant State Act for 14
the purposes of the validation Act; and 15
(b) for the purposes of the validation Act, the "commencement time" 16
in relation to the NCA (State Provisions) Act were the time when 17
section 54 comes into operation. 18
67 Transitional regulation-making power 19
(1) A regulation (a "transitional regulation") may make provision 20
about a matter for which-- 21
(a) it is necessary to make provision to allow or facilitate the doing 22
of anything to achieve the transition from the operation of the 23
NCA (State Provisions) Act to the operation of this Act; and 24
(b) this Act does not make provision or sufficient provision. 25
(2) A transitional regulation may have retrospective operation to a day 26
not earlier than the day this Act commences. 27
(3) A transitional regulation must declare it is a transitional regulation. 28
(4) This section and any transitional regulation expire 12 months after 29
the day this Act commences. 30
s 68 47 s 68
Australian Crime Commission (Queensland) Bill 2003
PART 8--AMENDMENT OF ACTS 1
68 Acts amended in sch 1 2
Schedule 1 amends the Acts mentioned in it. 3
48
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 1 1
AMENDMENT OF ACTS 2
section 68 3
CORRECTIVE SERVICES ACT 2000 4
1 Schedule 3, definition "law enforcement agency", paragraph (d)-- 5
omit, insert-- 6
`(d) the Australian Crime Commission established under the 7
Australian Crime Commission Act 2002 (Cwlth), section 7; or'. 8
CRIME AND MISCONDUCT ACT 2001 9
1 Section 278(1)(e)-- 10
omit, insert-- 11
`(e) subject to subsection (1A), the chief executive officer of the 12
Australian Crime Commission;'. 13
2 Section 278-- 14
insert-- 15
`(1A) The chief executive officer of the Australian Crime Commission is 16
a member of the reference committee only when the committee is 17
performing a function that relates to a function that may be conferred under 18
an Act of the State on the chief executive officer under the Australian 19
Crime Commission Act 2002 (Cwlth) or another Commonwealth Act or 20
regulation.'. 21
49
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 1 (continued)
3 Section 278-- 1
insert-- 2
`(6) Any thing done by or in relation to the reference committee is not 3
invalid only because of a defect or irregularity in the appointment of a 4
member or because the reference committee was not properly constituted.'. 5
4 Section 279(4)-- 6
omit, insert-- 7
`(4) The chief executive officer of the Australian Crime Commission 8
may appoint as the chief executive officer's deputy for a reference 9
committee meeting an appropriately qualified person nominated by the 10
chief executive officer (also a "deputy committee member").'. 11
5 Schedule 2-- 12
insert-- 13
` "Australian Crime Commission" means the Australian Crime 14
Commission established under the Australian Crime Commission Act 15
2002 (Cwlth), section 7.'. 16
6 Schedule 2, definition "national crime authority"-- 17
omit. 18
DRUGS MISUSE ACT 1986 19
1 Section 4, definition "police officer"-- 20
omit, insert-- 21
` "police officer" includes a person mentioned in the Australian Crime 22
Commission Act 2002 (Cwlth), section 49, whose services are made 23
available to the Australian Crime Commission.'. 24
50
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 1 (continued)
FREEDOM OF INFORMATION ACT 1992 1
1 Schedule 1, entry for National Crime Authority (State Provisions) 2
Act 1985-- 3
omit, insert-- 4
`Australian Crime Commission (Queensland) Act 2003, sections 19 and 20, 5
to the extent they apply to a summons or notice that includes a notation 6
under section 21 of that Act'. 7
POLICE POWERS AND RESPONSIBILITIES ACT 2000 8
1 Section 398(1) and (3), `NCA'-- 9
omit, insert-- 10
`ACC'. 11
2 Section 414(4), `NCA'-- 12
omit, insert-- 13
`ACC'. 14
3 Chapter 11, part 2, division 4, heading, `NCA'-- 15
omit, insert-- 16
`ACC'. 17
4 Section 417, `NCA'-- 18
omit, insert-- 19
`ACC'. 20
51
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 1 (continued)
5 Section 418, heading, `NCA'-- 1
omit, insert-- 2
`ACC'. 3
6 Section 418(1) and (3), `NCA'-- 4
omit, insert-- 5
`ACC'. 6
7 Section 419(1) and (2)(b), `NCA'-- 7
omit, insert-- 8
`ACC'. 9
8 Section 454(4), definition "proceeding", paragraph (d)-- 10
omit, insert-- 11
`(d) an examination under the Australian Crime Commission 12
(Queensland) Act 2003, part 3.'. 13
9 Schedule 1-- 14
insert-- 15
`Australian Crime Commission (Queensland) Act 2003'. 16
10 Schedule 4-- 17
insert-- 18
` "ACC" means the Australian Crime Commission established under the 19
Australian Crime Commission Act 2002 (Cwlth), section 7.'. 20
11 Schedule 4, definition "NCA"-- 21
omit. 22
52
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 3(1) 3
"ACC Act" means the Australian Crime Commission Act 2002 (Cwlth). 4
5
Note--
6
The Act was originally known as the National Crime Authority Act 1984.
"ACC operation/investigation" means-- 7
(a) an ACC State intelligence operation; or 8
(b) an ACC State investigation. 9
"ACC State intelligence operation" means an intelligence operation that 10
the ACC is undertaking under section 5(a). 11
"ACC State investigation" means an investigation that the ACC is 12
conducting under section 5(b). 13
"authority" includes a department, agency or body. 14
"Commonwealth body or person" means-- 15
(a) the ACC; or 16
(b) the Board; or 17
(c) the chair of the Board; or 18
(d) a member of the Board; or 19
(e) the Inter-Governmental Committee; or 20
(f) the CEO; or 21
(g) a member of the staff of the ACC; or 22
(h) an examiner; or 23
(i) a judge of the Federal Court; or 24
(j) a Federal Magistrate. 25
"Commonwealth Minister" means the Commonwealth Minister 26
administering the ACC Act. 27
"confer" includes impose. 28
53
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 2 (continued)
"Federal Magistrate" means a Federal Magistrate (including the Chief 1
Federal Magistrate) who holds office under the Federal Magistrates 2
Act 1999 (Cwlth). 3
"function" has a meaning affected by section 3(4). 4
"intelligence operation" means the collection, correlation, analysis or 5
dissemination of criminal information and intelligence relating to a 6
relevant criminal activity. 7
"issuing officer" means-- 8
(a) a judge of the Federal Court: or 9
(b) a judge of the Supreme Court or District Court; or 10
(c) a Federal Magistrate. 11
"member of the Queensland Police Service" means a member of the 12
Queensland Police Service under the Police Service Administration 13
Act 1990, section 2.2(1). 14
"NCA investigation", for part 7, division 2, see section 55. 15
"NCA (State Provisions) Act", for part 7, division 2, see section 55. 16
"perform" includes exercise. 17
"serious and organised crime" means an offence-- 18
(a) that involves 2 or more offenders and substantial planning and 19
organisation; and 20
(b) that involves, or is of a kind that ordinarily involves, the use of 21
sophisticated methods and techniques; and 22
(c) that is committed, or is of a kind that is ordinarily committed, in 23
conjunction with other offences of a like kind; and 24
(d) that is an offence of a kind prescribed under a regulation or an 25
offence that involves any of the following-- 26
(i) theft; 27
(ii) fraud; 28
(iii) tax evasion; 29
(iv) money laundering; 30
(v) currency violations; 31
54
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 2 (continued)
(vi) illegal drug dealings; 1
(vii) illegal gambling; 2
(viii)obtaining financial benefit by vice engaged in by others; 3
(ix) extortion; 4
(x) violence; 5
(xi) bribery or corruption of, or by, an officer of the 6
Commonwealth, an officer of a State or an officer of a 7
Territory; 8
(xii) perverting the course of justice; 9
(xiii)bankruptcy and company violations; 10
(xiv)harbouring of criminals; 11
(xv) forging of passports; 12
(xvi)firearms; 13
(xvi)armament dealings; 14
(xvii)illegal importation or exportation of fauna into or out of 15
Australia; 16
(xix)cybercrime; 17
(xx) matters of the same general nature as 1 or more of the 18
matters listed above; and 19
(e) that is punishable by imprisonment for a period of 3 years or more; 20
but-- 21
(f) does not include an offence committed in the course of a genuine 22
dispute as to matters about the relations of employees and 23
employers by a party to the dispute, unless the offence is 24
committed in connection with, or as part of, a course of activity 25
involving the commission of a serious and organised crime other 26
than an offence so committed; and 27
(g) does not include an offence the time for the commencement of a 28
prosecution for which has expired. 29
55
Australian Crime Commission (Queensland) Bill 2003
SCHEDULE 2 (continued)
"special ACC operation/investigation" means-- 1
(a) an ACC State intelligence operation that the Board has 2
determined to be a special operation; or 3
(b) an ACC State investigation that the Board has determined to be a 4
special investigation. 5
"State Minister" means the State Minister administering this Act. 6
7
© State of Queensland 2003
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