AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Act to bind Crown

PART 2--The Australian Crime Commission, the Board and the Inter-Governmental Committee

Division 1--The Australian Crime Commission

• 5 Functions of ACC
• 6 CEO to manage ACC operations/investigations
• 7 Counsel assisting ACC

Division 2--The Board of the ACC

• 8 Functions of Board
• 9 Board meetings
• 10 Presiding at Board meetings
• 11 Quorum at Board meetings
• 12 Voting at Board meetings
• 13 Conduct of Board meetings
• 14 Resolutions outside of Board meetings
• 15 Board committees

Division 3--The Inter-Governmental Committee

• 16 Functions of Committee

PART 3--Examinations

• 17 Examinations
• 18 Conduct of examination
• 19 Power to summon witnesses and take evidence
• 20 Power to obtain documents
• 21 Disclosure of summons or notice may be prohibited
• 22 Offences of disclosure
• 23 Failure of witnesses to attend and answer questions
• 24 Warrant for arrest of witness
• 25 False or misleading evidence
• 26 Protection of witnesses from harm or intimidation
• 26A Contempt of the ACC
• 26B Supreme Court to deal with contempt
• 26C Conduct of contempt proceedings
• 26D Person in contempt may be detained
• 26E Examiner may withdraw contempt application
• 26F Relationship with section 34
27. Legal protection of examiners, counsel and witnesses
• 28 Order for delivery to examiner of passport of witness

PART 4--Search warrants

• 29 Search warrants
• 30 Application by telephone for search warrants

PART 5--Performance of functions and exercise of powers

• 31 Consent of Board may be needed before functions can be performed
• 32 Functions not affected by State laws
• 33 Extent to which functions are conferred
• 34 Performance of functions
• 35 Functions of federal judicial officers
• 36 Limitation on challenge to Board determination
• 37 Cooperation with law enforcement agencies and coordination with overseas authorities
• 38 Incidental powers of ACC

PART 6--General

• 39 Double jeopardy
• 40 Arrangements for Board to obtain information or intelligence
• 41 Administrative arrangements with the Commonwealth
• 42 Judges to perform functions under the ACC Act
• 43 Furnishing of reports and information
• 44 Secrecy
• 45 Delegation
• 46 Liability for damages
• 47 Obstructing, hindering or disrupting the ACC or an examiner
• 48 Public meetings and bulletins
• 49 Annual report
• 50 Things done for multiple purposes
• 51 Regulations
• SCHEDULE 1--Transitional provision
Legislative history