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PARLIAMENT OF VICTORIA
Australian Crime Commission (State Provisions)
Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Act to bind the Crown 6
PART 2--THE AUSTRALIAN CRIME COMMISSION, THE
BOARD AND THE INTER-GOVERNMENTAL COMMITTEE 7
Division 1--The Australian Crime Commission 7
5. Functions of ACC 7
6. CEO to manage ACC operations/investigations 7
7. Counsel assisting ACC 8
Division 2--The Board of the ACC 8
8. Functions of the Board 8
9. Board meetings 10
10. Presiding at Board meetings 10
11. Quorum at Board meetings 10
12. Voting at Board meetings 10
13. Conduct of Board meetings 11
14. Resolutions outside of Board meetings 11
15. Board committees 12
Division 3--The Inter-Governmental Committee 13
16. Functions of Committee 13
PART 3--EXAMINATIONS 15
17. Examinations 15
18. Conduct of examination 15
19. Power to summon witnesses and take evidence 19
20. Power to obtain documents 20
21. Disclosure of summons or notice may be prohibited 21
22. Offences of disclosure 24
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Clause Page
23. Failure of witnesses to attend and answer questions 26
24. Warrant for arrest of witness 28
25. False or misleading evidence 30
26. Protection of witnesses from harm or intimidation 31
27. Legal protection of examiners, counsel and witnesses 31
28. Order for delivery to examiner of passport of witness 32
PART 4--SEARCH WARRANTS 34
29. Search warrants 34
30. Application by telephone for search warrants 38
PART 5--PERFORMANCE OF FUNCTIONS AND EXERCISE
OF POWERS 40
31. Consent of Board may be needed before functions can be
performed 40
32. Functions not affected by State laws 40
33. Extent to which functions are conferred 40
34. Performance of functions 40
35. Functions of federal judicial officers 42
36. Limitation on challenge to Board determination 43
37. Cooperation with law enforcement agencies and coordination
with overseas authorities 43
38. Incidental powers of ACC 43
PART 6--GENERAL 44
39. Double jeopardy 44
40. Arrangements for Board to obtain information or intelligence 44
41. Administrative arrangements with the Commonwealth 44
42. Judges to perform functions under the ACC Act 44
43. Furnishing of reports and information 45
44. Secrecy 48
45. Delegation 50
46. Obstructing, hindering or disrupting the ACC or an examiner 50
47. Public meetings and bulletins 50
48. Annual report 51
49. Supreme Court--limitation of jurisdiction 53
50. Regulations 53
PART 7--REPEAL OF THE NATIONAL CRIME AUTHORITY
(STATE PROVISIONS) ACT 1984 AND AMENDMENTS TO
OTHER ACTS 54
51. Repeal of National Crime Authority (State Provisions) Act
1984 54
52. Amendment of Acts 54
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Clause Page
PART 8--TRANSITIONAL 55
53. Definitions 55
54. Certain investigations taken to be special investigations 55
55. Assembling and giving evidence obtained by the NCA 55
56. Limitation on challenges to validity of references 56
57. Arrangements to obtain information or intelligence 56
58. Things seized under search warrants 56
59. Directions as to publication 56
60. Disclosure of summons or notice 57
61. Witness protection 57
62. Administrative arrangements in relation to the NCA 57
63. Secrecy obligations 57
64. Validation of administrative actions 58
65. Transitional regulations 58
__________________
SCHEDULE 60
SCHEDULE 1--Amendment of Acts 60
ENDNOTES 67
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PARLIAMENT OF VICTORIA
Initiated in Assembly 6 May 2003
A BILL
to make provision for the operation of the Australian Crime
Commission in Victoria, to repeal the National Crime Authority
(State Provisions) Act 1984, to make consequential amendments to
various Acts and for other purposes.
Australian Crime Commission (State
Provisions) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) make provision for the operation of the
5 Australian Crime Commission in Victoria;
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Australian Crime Commission (State Provisions) Act 2003
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Part 1--Preliminary
s. 2
(b) repeal the National Crime Authority (State
Provisions) Act 1984;
(c) make consequential amendments to various
Acts.
5 2. Commencement
(1) This Act (except the provisions referred to in sub-
section (2)) comes into operation on the day after
the day on which it receives the Royal Assent.
(2) The following provisions come into operation on a
10 day or days to be proclaimed--
(a) paragraphs (d) and (e) of the definition of
"Commonwealth body or person" in
section 3(1);
(b) section 15;
15 (c) Division 3 of Part 2;
(d) section 44(1)(b);
(e) items 11 and 14 of Schedule 1.
3. Definitions
(1) In this Act--
20 "ACC Act" means the Australian Crime
Commission Act 2002 of the
Commonwealth;
Note: That Act was originally known as the National Crime
Authority Act 1984.
25 "ACC operation/investigation" means--
(a) an ACC State intelligence operation; or
(b) an ACC State investigation;
"ACC State intelligence operation" means an
intelligence operation that the ACC is
30 undertaking under section 5(b);
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"ACC State investigation" means an
investigation that the ACC is conducting
under section 5(a);
"authority" includes a department, agency or
5 body;
"Commonwealth body or person" means--
(a) the ACC; or
(b) the Board; or
(c) the Chair of the Board; or
10 (d) a member of the Board; or
(e) the Inter-Governmental Committee; or
(f) the CEO; or
(g) a member of the staff of the ACC; or
(h) an examiner; or
15 (i) a Judge of the Federal Court; or
(j) a Federal Magistrate;
"Commonwealth Minister" means the
Commonwealth Minister administering the
ACC Act;
20 "confer" includes to impose;
"Federal Magistrate" means a Federal
Magistrate (including the Chief Federal
Magistrate) who holds office under the
Federal Magistrates Act 1999 of the
25 Commonwealth;
"function" has a meaning affected by sub-
section (4);
"intelligence operation" means the collection,
correlation, analysis or dissemination of
30 criminal information and intelligence
relating to a relevant criminal activity;
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"issuing officer" means--
(a) a Judge of the Federal Court; or
(b) a Judge of a court of the State; or
(c) a Federal Magistrate;
5 "perform" includes to exercise;
"serious and organised crime" means an
offence--
(a) that involves 2 or more offenders and
substantial planning and organisation;
10 and
(b) that involves, or is of a kind that
ordinarily involves, the use of
sophisticated methods and techniques;
and
15 (c) that is committed, or is of a kind that is
ordinarily committed, in conjunction
with other offences of a like kind; and
(d) that is an offence of a kind prescribed
by the regulations or an offence that
20 involves any of the following--
(i) theft;
(ii) fraud;
(iii) tax evasion;
(iv) money laundering;
25 (v) currency violations;
(vi) illegal drug dealings;
(vii) illegal gambling;
(viii) obtaining financial benefit by vice
engaged in by others;
30 (ix) extortion;
(x) violence;
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(xi) bribery or corruption of, or by, an
officer of the Commonwealth, an
officer of a State or an officer of a
Territory;
5 (xii) perverting the course of justice;
(xiii) bankruptcy and company
violations;
(xiv) harbouring of criminals;
(xv) forging of passports;
10 (xvi) firearms;
(xvii) armament dealings;
(xviii) illegal importation or exportation
of fauna into or out of Australia;
(xix) cybercrime;
15 (xx) matters of the same general nature
as one or more of the matters
listed above; and
(e) that is punishable by imprisonment for
a period of 3 years or more--
20 but--
(f) does not include an offence committed
in the course of a genuine dispute as to
matters pertaining to the relations of
employees and employers by a party to
25 the dispute, unless the offence is
committed in connection with, or as
part of, a course of activity involving
the commission of a serious and
organised crime other than an offence
30 so committed; and
(g) does not include an offence the time for
the commencement of a prosecution for
which has expired;
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"special ACC operation/investigation" means--
(a) an ACC State intelligence operation
that the Board has determined to be a
special operation; or
5 (b) an ACC State investigation that the
Board has determined to be a special
investigation;
"State Minister" means the State Minister
administering this Act.
10 (2) If this Act uses a term that is used in the ACC Act,
the term has the same meaning in this Act as it has
in the ACC Act unless the contrary intention
appears in this Act.
(3) If the head of an ACC operation/investigation
15 suspects that an offence (the "incidental
offence") that is not a serious and organised crime
may be directly or indirectly connected with, or
may be a part of, a course of activity involving the
commission of a serious and organised crime
20 (whether or not the head has identified the nature
of that serious and organised crime), then the
incidental offence is, for so long only as the head
so suspects, taken, for the purposes of this Act, to
be a serious and organised crime.
25 (4) A reference in this Act, other than Part 2, to a
function includes a reference to a power or duty.
4. Act to bind the Crown
This Act binds the Crown in right of the State and,
so far as the legislative power of the State permits,
30 the Crown in its other capacities.
__________________
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PART 2--THE AUSTRALIAN CRIME COMMISSION, THE
BOARD AND THE INTER-GOVERNMENTAL COMMITTEE
Division 1--The Australian Crime Commission
5. Functions of ACC
5 The ACC has the following functions--
(a) to investigate a matter relating to a relevant
criminal activity, in so far as the serious and
organised crime is, or the serious and
organised crimes are or include, an offence
10 or offences against a law of the State
(irrespective of whether that offence or those
offences have a federal aspect);
(b) to undertake an intelligence operation in so
far as the serious and organised crime is, or
15 the serious and organised crimes are or
include, an offence or offences against a law
of the State (irrespective of whether that
offence or those offences have a federal
aspect);
20 (c) to provide a report to the Board on the
outcome of such an investigation or
operation;
(d) such other functions as are conferred on the
ACC by other provisions of this Act or any
25 other Act.
6. CEO to manage ACC operations/investigations
(1) The CEO is to manage, coordinate and control
ACC operations/investigations.
(2) As soon as practicable after the Board consents
30 under section 55A(3) of the ACC Act to the ACC
undertaking an intelligence operation under
section 5(b) or conducting an investigation under
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section 5(a), the CEO must determine, in writing,
the head of the operation or investigation.
(3) Before the CEO determines the head of the
operation or investigation, the CEO must consult
5 the Chair of the Board, and such other members of
the Board as the CEO thinks appropriate, in
relation to the determination.
(4) Subject to such consultation with the examiners as
is appropriate and practicable, the CEO may make
10 arrangements as to the examiner who is to be able
to exercise his or her powers under this Act in
relation to a special ACC operation/investigation.
7. Counsel assisting ACC
The CEO may appoint a legal practitioner to assist
15 the ACC as counsel in relation to ACC
operations/investigations generally or in relation
to a particular matter or matters.
Division 2--The Board of the ACC
8. Functions of the Board
20 (1) The Board has the following functions--
(a) to determine, in writing, whether an ACC
State intelligence operation is a special
operation or whether an ACC State
investigation is a special investigation;
25 (b) to determine, in writing, the class or classes
of persons to participate in an ACC State
intelligence operation or ACC State
investigation;
(c) to establish task forces;
30 (d) such other functions as are conferred on the
Board by other provisions of this Act.
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(2) The Board may determine, in writing, that an
ACC State intelligence operation is a special
operation. Before doing so, it must consider
whether methods of collecting the criminal
5 information and intelligence that do not involve
the use of powers in this Act have been effective.
(3) The Board may determine, in writing, that an
ACC State investigation is a special investigation.
Before doing so, it must consider whether
10 ordinary police methods of investigation into the
matters are likely to be effective.
(4) A determination under sub-section (2) or (3)
must--
(a) describe the general nature of the
15 circumstances or allegations constituting the
relevant criminal activity to which the
operation or investigation relates; and
(b) state that the serious and organised crime is,
or the serious and organised crimes are or
20 include, an offence or offences against a law
of the State but need not specify the
particular offence or offences; and
(c) set out the purpose of the operation or
investigation.
25 (5) The Chair of the Board must, within the period of
3 days beginning on the day a determination under
sub-section (2) or (3) is made, give a copy of the
determination to the Inter-Governmental
Committee.
30 (6) A determination under sub-section (2) or (3) has
effect immediately after it is made.
(7) Sections 9 to 15 have effect in relation to the
Board's functions under this Act.
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Governmental Committee
9. Board meetings
(1) The Chair of the Board may convene meetings of
the Board.
(2) The Chair, in exercising his or her power to
5 convene meetings, must ensure that meetings of
the Board are scheduled to meet the requirements
set out in section 7D of the ACC Act.
10. Presiding at Board meetings
A meeting of the Board must be presided over
10 by--
(a) if the Chair of the Board is present, the
Chair; or
(b) otherwise, another eligible Commonwealth
Board member who is present and who is
15 nominated, in writing, by the Chair to
preside.
11. Quorum at Board meetings
At a meeting of the Board a quorum is constituted
by 7 Board members (not including the CEO).
20 12. Voting at Board meetings
(1) Subject to this section, a question arising at a
meeting of the Board is to be determined by a
majority of the votes of Board members present.
(2) The person presiding at a meeting has--
25 (a) a deliberative vote; and
(b) if necessary, also a casting vote.
(3) The CEO is not entitled to vote on any question
arising at a meeting of the Board.
(4) The Board cannot determine that an ACC State
30 intelligence operation is a special operation, or
that an ACC State investigation is a special
investigation, unless at least 9 Board members
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Governmental Committee
(including at least 2 eligible Commonwealth
Board members) vote in favour of making the
determination.
13. Conduct of Board meetings
5 (1) The Board may regulate proceedings at its
meetings as it considers appropriate.
(2) The Board must ensure that minutes of its
meetings are kept.
14. Resolutions outside of Board meetings
10 (1) This section applies to a resolution--
(a) which, without being considered at a meeting
of the Board, is referred to all members of
the Board; and
(b) of which--
15 (i) if sub-paragraph (ii) does not apply, a
majority of those members (not
including the CEO); or
(ii) if the resolution is that the Board
determine that an ACC State
20 intelligence operation is a special
operation, or that an ACC State
investigation is a special
investigation--at least 9 Board
members (not including the CEO but
25 including at least 2 eligible
Commonwealth Board members)--
indicate by telephone or other mode of
communication to the Chair of the Board that
they are in favour.
30 (2) The resolution is as valid and effectual as if it had
been passed at a meeting of the Board duly
convened and held.
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Governmental Committee
15. Board committees
(1) The Board may, with the unanimous agreement of
all the members of the Board (not including the
CEO), establish a committee or committees to
5 assist in carrying out the functions of the Board.
(2) The Board may dissolve a committee at any time.
(3) The functions of a committee are as determined
by the unanimous agreement of all the members
of the Board (not including the CEO).
10 (4) However, the Board cannot determine that a
committee has the function of determining
whether an ACC State intelligence operation is a
special operation or whether an ACC State
investigation is a special investigation.
15 (5) In performing its functions, a committee must
comply with any directions given to the
committee by the Board.
(6) A question arising at a meeting of a committee is
to be determined by a majority of the votes of
20 committee members present.
(7) However, the CEO is not entitled to vote on any
question arising at a meeting of a committee of
which he or she is a member.
(8) A committee must inform the other members of
25 the Board of its decisions.
(9) A committee may regulate proceedings at its
meetings as it considers appropriate.
(10) A committee must ensure that minutes of its
meetings are kept.
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Governmental Committee
Division 3--The Inter-Governmental Committee
16. Functions of Committee
(1) Within the period of 30 days beginning on the day
the Committee is given a copy of a determination
5 (a "special determination") under section 8(2) or
(3), the Committee may by resolution, with the
agreement of the member of the Committee
representing the Commonwealth and at least
5 other members of the Committee, request the
10 Chair of the Board to give further information to
the Committee in relation to the determination.
(2) Subject to sub-section (3), the Chair of the Board
must comply with the request.
(3) If the Chair of the Board considers that disclosure
15 of information to the public could prejudice the
safety or reputation of persons or the operations of
law enforcement agencies, the Chair must not give
the Committee the information.
(4) If the Chair of the Board does not give the
20 Committee information on the ground that the
Chair considers that disclosure of the information
to the public could prejudice the safety or
reputation of persons or the operations of law
enforcement agencies, the Committee may refer
25 the request to the State Minister.
(5) If the Committee refers the request to the State
Minister, he or she--
(a) must determine in writing whether disclosure
of the information could prejudice the safety
30 or reputation of persons or the operations of
law enforcement agencies; and
(b) must provide copies of that determination to
the Chair of the Board and the Committee;
and
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(c) must not disclose his or her reasons for
determining the question of whether the
information could prejudice the safety or
reputation of persons or the operations of law
5 enforcement agencies in the way stated in the
determination.
(6) Within the period of 30 days beginning on the day
the Committee makes a request under sub-section
(1) in relation to a special determination, the
10 Committee may by resolution, with the agreement
of the member of the Committee representing the
Commonwealth and at least 5 other members of
the Committee, revoke the determination.
(7) The Committee must notify the Chair of the Board
15 and the CEO of the revocation. The revocation
takes effect when the CEO is so notified.
(8) To avoid doubt, the revoking of the determination
does not affect the validity of any act done in
connection with the ACC operation/investigation
20 concerned before the CEO is so notified.
(9) The Committee does not have a duty to consider
whether to exercise the power under sub-section
(1) or (6) in respect of any special determination,
whether the Committee is requested to do so by
25 any person, or in any other circumstances.
__________________
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Part 3--Examinations
s. 17
PART 3--EXAMINATIONS
17. Examinations
An examiner may conduct an examination for the
purposes of a special ACC operation/
5 investigation.
18. Conduct of examination
(1) An examiner may regulate the conduct of
proceedings at an examination as the examiner
thinks fit.
10 (2) At an examination before an examiner--
(a) a person giving evidence may be represented
by a legal practitioner; and
(b) if, by reason of the existence of special
circumstances, the examiner consents to a
15 person who is not giving evidence being
represented by a legal practitioner, the
person may be so represented.
(3) An examination before an examiner must be held
in private and the examiner may give directions as
20 to the persons who may be present during the
examination or a part of the examination.
(4) Nothing in a direction given by the examiner
under sub-section (3) prevents the presence, when
evidence is being taken at an examination before
25 the examiner, of--
(a) a person representing the person giving
evidence; or
(b) a person representing, in accordance with
sub-section (2), a person who, by reason of a
30 direction given by the examiner under sub-
section (3), is entitled to be present.
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(5) If an examination before an examiner is being
held, a person (other than a member of the staff of
the ACC approved by the examiner) must not be
present at the examination unless the person is
5 entitled to be present by reason of a direction
given by the examiner under sub-section (3) or by
reason of sub-section (4).
(6) At an examination before an examiner--
(a) counsel assisting the examiner generally or
10 in relation to the matter to which the ACC
operation/investigation relates; or
(b) any person authorised by the examiner to
appear before the examiner at the
examination; or
15 (c) any legal practitioner representing a person
at the examination in accordance with sub-
section (2)--
may, so far as the examiner thinks appropriate,
examine or cross-examine any witness on any
20 matter that the examiner considers relevant to the
ACC operation/investigation.
(7) If a person (other than a member of the staff of the
ACC) is present at an examination before an
examiner while another person (the "witness") is
25 giving evidence at the examination, the examiner
must--
(a) inform the witness that the person is present;
and
(b) give the witness an opportunity to comment
30 on the presence of the person.
(8) To avoid doubt, a person does not cease to be
entitled to be present at an examination before an
examiner or part of such an examination if--
(a) the examiner fails to comply with sub-
35 section (7); or
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(b) a witness comments adversely on the
presence of the person under sub-section
(7)(b).
(9) An examiner may direct that--
5 (a) any evidence given before the examiner; or
(b) the contents of any document, or a
description of any thing, produced to the
examiner; or
(c) any information that might enable a person
10 who has given evidence before the examiner
to be identified; or
(d) the fact that any person has given or may be
about to give evidence at an examination--
must not be published, or must not be published
15 except in such manner, and to such persons, as the
examiner specifies. The examiner must give such
a direction if the failure to do so might prejudice
the safety or reputation of a person or prejudice
the fair trial of a person who has been, or may be,
20 charged with an offence.
(10) Subject to sub-section (11), the CEO may, in
writing, vary or revoke a direction under sub-
section (9).
(11) The CEO must not vary or revoke a direction if to
25 do so might prejudice the safety or reputation of a
person or prejudice the fair trial of a person who
has been or may be charged with an offence.
(12) If--
(a) a person has been charged with an offence
30 before a federal court or before a court of the
State; and
(b) the court considers that it may be desirable in
the interests of justice that particular
evidence given before an examiner, being
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evidence in relation to which the examiner
has given a direction under sub-section (9),
be made available to the person or to a legal
practitioner representing the person--
5 the court may give to the examiner or to the CEO
a certificate to that effect and, if the court does so,
the examiner or the CEO, as the case may be,
must make the evidence available to the court.
(13) If--
10 (a) the examiner or the CEO makes evidence
available to a court in accordance with sub-
section (12); and
(b) the court, after examining the evidence, is
satisfied that the interests of justice so
15 require--
the court may make the evidence available to the
person charged with the offence concerned or to a
legal practitioner representing the person.
(14) A person who--
20 (a) is present at an examination in contravention
of sub-section (5); or
(b) makes a publication in contravention of a
direction given under sub-section (9)--
is guilty of an offence punishable by a fine not
25 exceeding $2200 or imprisonment for a period not
exceeding one year.
(15) At the conclusion of an examination held by an
examiner, the examiner must give the head of the
special ACC operation/investigation--
30 (a) a record of the proceedings of the
examination; and
(b) any documents or other things given to the
examiner at, or in connection with, the
examination.
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19. Power to summon witnesses and take evidence
(1) An examiner may summon a person to appear
before the examiner at an examination to give
evidence and to produce such documents or other
5 things (if any) as are referred to in the summons.
(2) Before issuing a summons under sub-section (1),
the examiner must be satisfied that it is reasonable
in all the circumstances to do so. The examiner
must also record in writing the reasons for the
10 issue of the summons.
(3) A summons under sub-section (1) requiring a
person to appear before an examiner at an
examination must be accompanied by a copy of
the determination of the Board that the State ACC
15 intelligence operation is a special operation or that
the State ACC investigation is a special
investigation.
(4) A summons under sub-section (1) requiring a
person to appear before an examiner at an
20 examination must, unless the examiner issuing the
summons is satisfied that, in the particular
circumstances of the special ACC
operation/investigation to which the examination
relates, it would prejudice the effectiveness of the
25 special ACC operation/investigation for the
summons to do so, set out, so far as is reasonably
practicable, the general nature of the matters in
relation to which the examiner intends to question
the person, but nothing in this sub-section
30 prevents the examiner from questioning the
person in relation to any matter that relates to a
special ACC operation/investigation.
(5) The examiner who is holding an examination may
require a person appearing at the examination to
35 produce a document or other thing.
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(6) An examiner may, at an examination, take
evidence on oath or affirmation and for that
purpose--
(a) the examiner may require a person appearing
5 at the examination to give evidence either to
take an oath or to make an affirmation in a
form approved by the examiner; and
(b) the examiner, or a person who is an
authorised person in relation to the ACC,
10 may administer an oath or affirmation to a
person so appearing at the examination.
(7) In this section, a reference to a person who is an
authorised person in 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 of this section by the
CEO.
(8) The powers conferred by this section are not
exercisable except for the purposes of a special
20 ACC operation/investigation.
20. Power to obtain documents
(1) An examiner may, by notice in writing served on
a person, require the person--
(a) to attend, at a time and place specified in the
25 notice, before a person specified in the
notice, being the examiner or a member of
the staff of the ACC; and
(b) to produce at that time and place to the
person so specified a document or thing
30 specified in the notice, being a document or
thing that is relevant to a special ACC
operation/investigation.
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(2) Before issuing a notice under sub-section (1), the
examiner must be satisfied that it is reasonable in
all the circumstances to do so. The examiner must
also record in writing the reasons for the issue of
5 the notice.
(3) A notice may be issued under this section in
relation to a special ACC operation/investigation,
whether or not an examination before an examiner
is being held for the purposes of the operation or
10 investigation.
(4) A person must not refuse or fail to comply with a
notice served on the person under this section.
(5) A person who contravenes sub-section (4) is
guilty of an indictable offence punishable by a
15 fine not exceeding $22 000 or imprisonment for a
period not exceeding 5 years.
(6) The provisions of section 23(3) to (5) and (7)
apply in relation to a person who is required to
produce a document or thing by a notice served on
20 him or her under this section in the same manner
as they apply in relation to a person who is
required to produce a document or thing at an
examination before an examiner.
(7) If there is a contravention of section 23(3) as
25 applied by sub-section (6), the provisions of
section 23(6) of this Act and section 53(1) of the
Magistrates' Court Act 1989 apply to that
contravention.
21. Disclosure of summons or notice may be prohibited
30 (1) The examiner issuing a summons under section 19
or a notice under section 20 must, or may, as
provided in sub-section (2), include in it a notation
to the effect that disclosure of information about
the summons or notice, or any official matter
35 connected with it, is prohibited except in the
circumstances, if any, specified in the notation.
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(2) A notation must not be included in the summons
or notice except as follows--
(a) the examiner must include the notation if
satisfied that failure to do so would
5 reasonably be expected to prejudice--
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been
or may be charged with an offence; or
(iii) the effectiveness of an operation or
10 investigation;
(b) the examiner may include the notation if
satisfied that failure to do so might
prejudice--
(i) the safety or reputation of a person; or
15 (ii) the fair trial of a person who has been
or may be charged with an offence; or
(iii) the effectiveness of an operation or
investigation;
(c) the examiner may include the notation if
20 satisfied that failure to do so might otherwise
be contrary to the public interest.
(3) If a notation is included in the summons or notice,
it must be accompanied by a written statement
setting out the rights and obligations conferred or
25 imposed by section 22 on the person who was
served with, or otherwise given, the summons or
notice.
(4) If, after the ACC has concluded the operation or
investigation concerned--
30 (a) no evidence of an offence has been obtained
as described in section 34(1); or
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(b) evidence of an offence or offences has been
assembled and given as required by section
34(1) and the CEO has been advised that no
person will be prosecuted; or
5 (c) evidence of an offence or offences
committed by only one person has been
assembled and given as required by section
34(1) and criminal proceedings have begun
against that person; or
10 (d) evidence of an offence or offences
committed by 2 or more persons has been
assembled and given as required by
section 34(1) and--
(i) criminal proceedings have begun
15 against all those persons; or
(ii) criminal proceedings have begun
against one or more of those persons
and the CEO has been advised that no
other of those persons will be
20 prosecuted--
all the notations that were included under
this section in any summonses or notices
relating to the operation or investigation are
cancelled by this sub-section.
25 (5) If a notation is cancelled by sub-section (4), the
CEO must serve a written notice of that fact on
each person who was served with, or otherwise
given, the summons or notice containing the
notation.
30 (6) In this section--
"official matter" has the same meaning as in
section 22.
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22. Offences of disclosure
(1) A person who is served with, or otherwise given, a
summons or notice containing a notation made
under section 21 must not disclose--
5 (a) the existence of the summons or notice or
any information about it; or
(b) the existence of, or any information about,
any official matter connected with the
summons or notice.
10 Penalty: $2200 or imprisonment for one
year.
(2) Sub-section (1) does not prevent the person from
making a disclosure--
(a) in accordance with the circumstances, if any,
15 specified in the notation; or
(b) to a legal practitioner for the purpose of
obtaining legal advice or representation
relating to the summons, notice or matter; or
(c) if the person is a body corporate, to an
20 officer or agent of the body corporate for the
purpose of ensuring compliance with the
summons or notice; or
(d) if the person is a legal practitioner, for the
purpose of obtaining the agreement of
25 another person under section 23(3) to the
legal practitioner answering a question or
producing a document at an examination
before an examiner.
(3) If a disclosure is made to a person as permitted by
30 sub-section (2) or (4), the following provisions
apply--
(a) while he or she is a person of a kind to whom
a disclosure is so permitted to be made, he or
she must not disclose the existence of, or any
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information about, the summons or notice, or
any official matter connected with it, except
as permitted by sub-section (4);
(b) while he or she is no longer such a person, he
5 or she must not, in any circumstances, make
a record of, or disclose the existence of, the
summons, notice or matter, or disclose any
information about any of them.
Penalty: $2200 or imprisonment for one
10 year.
(4) A person to whom information has been
disclosed, as permitted by sub-section (2) or this
sub-section, may disclose that information--
(a) if the person is an officer or agent of a body
15 corporate referred to in sub-section (2)(c)--
(i) to another officer or agent of the body
corporate for the purpose of ensuring
compliance with the summons or
notice; or
20 (ii) to a legal practitioner for the purpose of
obtaining legal advice or representation
relating to the summons, notice or
matter; or
(b) if the person is a legal practitioner, for the
25 purpose of giving legal advice, or making
representations, relating to the summons,
notice or matter.
(5) This section ceases to apply to a summons or
notice after--
30 (a) the notation contained in the summons or
notice is cancelled by section 21(4); or
(b) 5 years elapse after the issue of the summons
or notice--
whichever is sooner.
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(6) A reference in this section to disclosing
something's existence includes disclosing
information from which a person could reasonably
be expected to infer its existence.
5 (7) In this section--
"official matter" means any of the following
(whether past, present or contingent)--
(a) the determination referred to in
section 19(3);
10 (b) an ACC operation/investigation;
(c) an examination held by an examiner;
(d) court proceedings.
23. Failure of witnesses to attend and answer questions
(1) A person served, as prescribed, with a summons
15 to appear as a witness at an examination before an
examiner must not--
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused,
or released from further attendance, by the
20 examiner.
(2) A person appearing as a witness at an examination
before an examiner must not--
(a) when required pursuant to section 19 either
to take an oath or make an affirmation,
25 refuse or fail to comply with the
requirement; or
(b) refuse or fail to answer a question that he or
she is required to answer by the examiner; or
(c) refuse or fail to produce a document or thing
30 that he or she was required to produce by a
summons under this Act served on him or
her as prescribed.
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(3) Where--
(a) a legal practitioner is required to answer a
question or produce a document at an
examination before an examiner; and
5 (b) the answer to the question would disclose, or
the document contains, a privileged
communication made by or to the legal
practitioner in his or her capacity as a legal
practitioner--
10 the legal practitioner is entitled to refuse to
comply with the requirement unless the person to
whom or by whom the communication was made
agrees to the legal practitioner complying with the
requirement but, where the legal practitioner
15 refuses to comply with the requirement, he or she
must, if so required by the examiner, give the
examiner the name and address of the person to
whom or by whom the communication was made.
(4) Sub-section (5) limits the use that can be made of
20 any answers given at an examination before an
examiner, or documents or things produced at an
examination before an examiner. That sub-section
only applies if--
(a) a person appearing as a witness at an
25 examination before an examiner--
(i) answers a question that he or she is
required to answer by the examiner; or
(ii) produces a document or thing that he or
she was required to produce by a
30 summons under this Act served on him
or her as prescribed; and
(b) in the case of the production of a document
that is, or forms part of, a record of an
existing or past business, the document sets
35 out details of earnings received by the person
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in respect of his or her employment and does
not set out any other information; and
(c) before answering the question or producing
the document or thing, the person claims that
5 the answer, or the production of the
document or thing, might tend to incriminate
the person or make the person liable to a
penalty.
(5) The answer, or the document or thing, is not
10 admissible in evidence against the person in--
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a
penalty--
other than--
15 (c) confiscation proceedings; or
(d) a proceeding in respect of--
(i) in the case of an answer, the falsity of
the answer; or
(ii) in the case of the production of a
20 document, the falsity of any statement
contained in the document.
(6) A person who contravenes sub-section (1), (2) or
(3) is guilty of an indictable offence punishable by
a fine not exceeding $22 000 or imprisonment for
25 a period not exceeding 5 years.
(7) Sub-section (3) does not affect the law relating to
legal professional privilege.
24. Warrant for arrest of witness
(1) Where, upon application by an examiner, a Judge
30 of the Federal Court sitting in chambers or the
Supreme Court is satisfied by evidence on oath
that there are reasonable grounds to believe--
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(a) that a person who has been ordered, under
section 28, to deliver his or her passport to
the examiner, whether or not the person has
complied with the order, is nevertheless
5 likely to leave Australia for the purpose of
avoiding giving evidence before the
examiner; or
(b) that a person in relation to whom a summons
has been issued under section 19(1)--
10 (i) has absconded or is likely to abscond;
or
(ii) is otherwise attempting, or is otherwise
likely to attempt, to evade service of the
summons; or
15 (c) that a person has committed an offence under
section 23(1) or is likely to do so--
the Judge or the Court may issue a warrant for the
apprehension of the person.
(2) The warrant may be executed by any person to
20 whom it is addressed and the person executing it
has power to break into and enter any premises,
vessel, aircraft or vehicle for the purpose of
executing it.
(3) A member of the Australian Federal Police cannot
25 execute the warrant unless he or she is also a
member of the staff of the ACC.
(4) The warrant may be executed even if the warrant
is not at the time in the possession of the person
executing it.
30 (5) A person executing the warrant may only use such
reasonable force as is necessary for the execution.
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(6) Where a person is apprehended under the warrant,
he or she must be brought, as soon as practicable,
before a Judge of the Federal Court or the
Supreme Court and the Judge or the Court may--
5 (a) admit the person to bail, with such security
as the Judge or the Court thinks fit, on such
conditions as he or she or it thinks necessary
to ensure the appearance of the person as a
witness before the examiner; or
10 (b) order the continued detention of the person
for the purposes of ensuring his or her
appearance as such a witness; or
(c) order the release of the person.
(7) Where a person is under detention under this
15 section, he or she must, within 14 days after he or
she was brought, or last brought, before a Judge of
the Federal Court or the Supreme Court in
accordance with this section, or within such
shorter or longer time as a Judge or the Court has
20 fixed upon the last previous appearance of the
person before a Judge or the Court under this
section, be again brought before a Judge or the
Court and the Judge or the Court may then
exercise any of the powers of a Judge or the Court
25 under sub-section (6).
(8) In this section--
"Australia" includes the external Territories.
25. False or misleading evidence
(1) A person must not, at an examination before an
30 examiner, give evidence that the person knows is
false or misleading in a material particular.
(2) A contravention of sub-section (1) is an indictable
offence punishable by a fine not exceeding
$22 000 or imprisonment for a period not
35 exceeding 5 years.
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26. Protection of witnesses from harm or intimidation
Where it appears to an examiner that, by reason of
the fact that a person--
(a) is to appear, is appearing or has appeared at
5 an examination before the examiner to give
evidence or to produce a document or thing;
or
(b) proposes to furnish or has furnished
information, or proposes to produce or has
10 produced a document or thing, to the ACC
otherwise than at an examination before the
examiner--
the safety of the person may be prejudiced or the
person may be subjected to intimidation or
15 harassment, the examiner may make such
arrangements (including arrangements with the
State Minister or with members of the Australian
Federal Police or of the Police Force of the State)
as are necessary to avoid prejudice to the safety of
20 the person, or to protect the person from
intimidation or harassment.
27. Legal protection of examiners, counsel and witnesses
(1) An examiner has, in the performance of his or her
functions or the exercise of his or her powers as
25 an examiner in relation to an examination before
the examiner, the same protection and immunity
as a Justice of the High Court.
(2) A legal practitioner assisting the ACC or an
examiner or representing a person at an
30 examination before an examiner has the same
protection and immunity as a barrister has in
appearing for a party in proceedings in the High
Court.
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(3) Subject to this Act, a person summoned to attend
or appearing before an examiner as a witness has
the same protection as a witness in proceedings in
the High Court.
5 28. Order for delivery to examiner of passport of witness
(1) Where, upon application by an examiner, a Judge
of the Federal Court sitting in chambers is
satisfied by evidence on oath that--
(a) in connection with a special ACC operation/
10 investigation, a summons has been issued
under this Act requiring a person to appear
before an examiner at an examination
(whether or not the summons has been
served), or a person has appeared before an
15 examiner at an examination, to give evidence
or to produce documents or other things; and
(b) there are reasonable grounds for believing
that the person may be able to give to the
examiner evidence or further evidence that
20 is, or to produce to the examiner documents
or other things or further documents or other
things that are, relevant to the special ACC
operation/investigation and could be of
particular significance to the special ACC
25 operation/investigation; and
(c) there are reasonable grounds for suspecting
that the person intends to leave Australia and
has in his or her possession, custody or
control a passport issued to him or her--
30 the Judge may make an order requiring the person
to appear before a Judge of the Federal Court on a
date, and at a time and place, specified in the
order to show cause why he or she should not be
ordered to deliver the passport to the examiner.
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(2) Where a person appears before a Judge of the
Federal Court under an order made under sub-
section (1), the Judge may, if he or she thinks fit,
make an order--
5 (a) requiring the person to deliver to the
examiner any passport issued to him or her
that is in his or her possession, custody or
control; and
(b) authorising the examiner to retain the
10 passport until the expiration of such period
(not exceeding one month) as is specified in
the order.
(3) A Judge of the Federal Court may, upon
application by the examiner, extend for a further
15 period (not exceeding one month) or further
periods (not exceeding one month in each case)
the period for which the examiner is authorised to
retain a passport under an order made under sub-
section (2), but so that the total period for which
20 the examiner is authorised to retain the passport
does not exceed 3 months.
(4) A Judge of the Federal Court may, at any time
while the examiner is authorised under an order
made under this section to retain a passport issued
25 to a person, upon application made by the person,
revoke the order and, if the order is revoked, the
examiner must forthwith return the passport to the
person.
(5) In this section--
30 "Australia" includes the external Territories.
__________________
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PART 4--SEARCH WARRANTS
29. Search warrants
(1) An eligible person may apply to an issuing officer
for the issue of a warrant under sub-section (2)
5 if--
(a) the eligible person has reasonable grounds
for suspecting that, on a particular day (the
"relevant day"), being the day on which, or
a particular day within one month after the
10 day on which, the application is made, there
may be, upon any land or upon or in any
premises, vessel, aircraft or vehicle, a thing
or things of a particular kind connected with
a special ACC operation/investigation
15 ("things of the relevant kind"); and
(b) the eligible person believes on reasonable
grounds that, if a summons were issued for
the production of the thing or things, the
thing or things might be concealed, lost,
20 mutilated or destroyed.
(2) Where an application under sub-section (1) is
made to an issuing officer, the issuing officer may
issue a warrant authorising a person named in the
warrant (the "authorised person"), with such
25 assistance as the authorised person thinks
necessary and if necessary by force--
(a) to enter upon the land or upon or into the
premises, vessel, aircraft or vehicle; and
(b) to search the land, premises, vessel, aircraft
30 or vehicle for things of the relevant kind; and
(c) to seize any things of the relevant kind found
upon the land or upon or in the premises,
vessel, aircraft or vehicle and deliver things
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so seized to any person participating in the
special ACC operation/investigation.
(3) A member of the Australian Federal Police cannot
be an authorised person unless he or she is also a
5 member of the staff of the ACC.
(4) An issuing officer must not issue a warrant under
sub-section (2) unless--
(a) an affidavit has been furnished to him or her
setting out the grounds on which the issue of
10 the warrant is being sought; and
(b) the applicant (or some other person) has
given to the issuing officer, either orally or
by affidavit, such further information (if any)
as the issuing officer requires concerning the
15 grounds on which the issue of the warrant is
being sought; and
(c) the issuing officer is satisfied that there are
reasonable grounds for issuing the warrant.
(5) Where an issuing officer issues a warrant under
20 sub-section (2), he or she must state on the
affidavit furnished to him or her as mentioned in
sub-section (4)(a) which of the grounds specified
in that affidavit he or she has relied on to justify
the issue of the warrant and particulars of any
25 other grounds relied on by him or her to justify the
issue of the warrant.
(6) A warrant issued under this section must--
(a) include a statement of the purpose for which
the warrant is issued, which must include a
30 reference to the special ACC operation/
investigation with which the things of the
relevant kind are connected;
(b) state whether entry is authorised to be made
at any time of the day or night or during
35 specified hours of the day or night;
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(c) include a description of the kind of things
authorised to be seized; and
(d) specify a date, not being later than one
month after the date of issue of the warrant,
5 upon which the warrant ceases to have
effect.
(7) A warrant issued under this section may be
executed, in accordance with its terms, at any time
during the period commencing on the relevant day
10 and ending on the date specified in the warrant as
the date upon which the warrant ceases to have
effect.
(8) A person executing a warrant issued under this
section may only use such reasonable force as is
15 necessary for the execution.
(9) Where, in the course of searching, in accordance
with the terms of a warrant issued under this
section, for things of the relevant kind, the person
executing the warrant finds a thing that he or she
20 believes on reasonable grounds to be evidence that
would be admissible in the prosecution of a
person for an offence against a law of the
Commonwealth or of a State or Territory and he
or she believes on reasonable grounds that it is
25 necessary to seize the thing in order to prevent its
concealment, loss, mutilation or destruction, or its
use in committing such an offence, the person
may seize the thing and, if he or she does so, the
thing is to be taken, for the purposes of this Act, to
30 have been seized pursuant to the warrant.
(10) Where a thing is seized pursuant to a warrant
issued under this section--
(a) the head of the special ACC operation/
investigation may retain the thing if, and for
35 so long as, retention of the thing by the head
of the special ACC operation/investigation is
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reasonably necessary for the purposes of the
special ACC operation/investigation to
which the thing is relevant; and
(b) if the retention of the thing by the head of the
5 special ACC operation/investigation is not,
or ceases to be, reasonably necessary for
such purposes, a person participating in the
special ACC operation/investigation must
cause the thing to be delivered to--
10 (i) if the thing may be used in evidence in
proceedings of a kind referred to in
sub-section (13), the authority or person
responsible for taking the proceedings;
or
15 (ii) if sub-paragraph (i) does not apply, the
person who appears to the person
participating in the special ACC
operation/investigation to be entitled to
the possession of the thing--
20 unless the CEO has furnished the thing to the
Attorney-General of the Commonwealth or
of a State, or to a law enforcement agency, or
to another person or authority, in accordance
with section 34(1)(a), (b) or (c).
25 (11) A person participating in the special ACC
operation/investigation may, instead of delivering
a thing in accordance with sub-section (10)(b)(ii),
deliver the thing to the Attorney-General of the
Commonwealth or of a State, or to a law
30 enforcement agency, for the purpose of assisting
in the investigation of criminal offences, where
the person participating in the special ACC
operation/investigation is satisfied that the thing is
likely to be useful for that purpose.
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 4--Search Warrants
s. 30
(12) Nothing in this section affects a right of a person
to apply for, or the power of a person to issue, a
warrant, being a right or power existing otherwise
than by virtue of this section.
5 (13) Without limiting the generality of sub-section
(1)(a), a reference in this section to a thing
connected with a special ACC operation/
investigation, includes a reference to a thing that
may be used in evidence in proceedings for the
10 taking, by or on behalf of the Crown in right of
the Commonwealth, of a State or of a Territory, of
civil remedies in respect of a matter connected
with, or arising out of, an offence to which the
special ACC operation/investigation relates.
15 (14) In this section--
"thing" includes a document.
30. Application by telephone for search warrants
(1) Where, by reason of circumstances of urgency, an
eligible person considers it necessary to do so, the
20 eligible person may make application by
telephone for a warrant under section 29.
(2) Before so making application, the eligible person
must prepare an affidavit that sets out the grounds
on which the issue of the warrant is being sought,
25 but may, if it is necessary to do so, make the
application before the affidavit has been sworn.
(3) Where an issuing officer issues a warrant under
section 29 upon an application made by telephone,
he or she must--
30 (a) complete and sign the warrant; and
(b) inform the eligible person who made the
application of the terms of the warrant and
the date on which and the time at which it
was signed; and
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Part 4--Search Warrants
s. 30
(c) record on the warrant his or her reasons for
issuing the warrant; and
(d) send a copy of the warrant to the CEO.
(4) Where a warrant is issued under section 29 upon
5 an application made by telephone a member of the
staff of the ACC or a member of the Police Force
of the State may complete a form of warrant in the
terms indicated by the issuing officer under sub-
section (3) and, where a form of warrant is so
10 completed, he or she must write on it the name of
the issuing officer who issued the warrant and the
date on which and the time at which it was signed.
(5) Where a person completes a form of warrant in
accordance with sub-section (4), the person must,
15 not later than the day next following the date of
expiry of the warrant, send to the issuing officer
who signed the warrant the form of warrant
completed by him or her and the affidavit duly
sworn in connection with the warrant.
20 (6) Upon receipt of the documents referred to in sub-
section (5) the issuing officer must attach them to
the warrant signed by him or her and deal with the
documents in the manner in which he or she
would have dealt with the affidavit if the
25 application for the warrant had been made to him
or her in accordance with section 29.
(7) A form of warrant duly completed in accordance
with sub-section (4) is to be taken to be a warrant
issued under section 29.
__________________
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 5--Performance of Functions and Exercise of Powers
s. 31
PART 5--PERFORMANCE OF FUNCTIONS AND EXERCISE
OF POWERS
31. Consent of Board may be needed before functions can
be performed
5 The conferral of a function on a Commonwealth
body or person by this Act is subject to any
provision of the ACC Act that requires the
consent of the Board before the function can be
performed.
10 32. Functions not affected by State laws
A Commonwealth body or person is not precluded
by any law of the State from performing a
function conferred by this Act.
33. Extent to which functions are conferred
15 (1) This Act does not purport to impose any duty on a
Commonwealth body or person to perform a
function if the imposition of the duty would be
beyond the legislative power of the Parliament of
the State.
20 (2) This section does not limit the operation of
section 35 of this Act or section 6 of the
Interpretation of Legislation Act 1984.
34. Performance of functions
(1) Where the ACC, in carrying out an ACC
25 operation/investigation, obtains evidence of an
offence against a law of the Commonwealth or of
a State or Territory, being evidence that would be
admissible in a prosecution for the offence, the
CEO must assemble the evidence and give it to--
30 (a) the Attorney-General of the Commonwealth
or the State, as the case requires; or
(b) the relevant law enforcement agency; or
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Part 5--Performance of Functions and Exercise of Powers
s. 34
(c) any person or authority (other than a law
enforcement agency) who is authorised by or
under a law of the Commonwealth or of the
State or Territory to prosecute the offence.
5 (2) Where the ACC, in carrying out an ACC
operation/investigation, obtains evidence that
would be admissible in confiscation proceedings,
the CEO may assemble the evidence and give it
to--
10 (a) the Attorney-General of the Commonwealth
or the relevant State, as the case requires; or
(b) a relevant law enforcement agency; or
(c) any person or authority (other than a law
enforcement authority) who is authorised to
15 commence the confiscation proceedings.
(3) Where, as a result of the performance of any of
the ACC's functions, the Board considers that a
recommendation should be made to the
Commonwealth Minister or to the appropriate
20 State Minister of a participating State, being a
recommendation--
(a) for reform of the law relating to relevant
offences, including--
(i) evidence and procedure applicable to
25 the trials of relevant offences; and
(ii) relevant offences in relation to, or
involving, corporations; and
(iii) taxation, banking and financial frauds;
and
30 (iv) reception by Australian courts of
evidence obtained in foreign countries
as to relevant offences; and
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Act No.
Part 5--Performance of Functions and Exercise of Powers
s. 35
(v) maintenance and preservation of
taxation, banking and financial records;
or
(b) for reform of administrative practices; or
5 (c) for reform of administration of the courts in
relation to trials of relevant offences--
the Board may make the recommendation to the
Commonwealth Minister, or to that State Minister,
as the case may be.
10 (4) Where the ACC has obtained particular
information or intelligence in the course of
performing one or more of its functions, nothing
in this Act is to be taken to prevent the ACC from
making use of the information or intelligence in
15 the performance of any of its other functions.
35. Functions of federal judicial officers
(1) In this section--
"federal judicial officer" means a Judge of the
Federal Court or a Federal Magistrate.
20 (2) A function conferred on a federal judicial officer
by this Act is conferred on the federal judicial
officer in a personal capacity and not as a court or
a member of a court. The federal judicial officer
need not accept the function conferred.
25 (3) Anything done or made by a federal judicial
officer under this Act has effect only by virtue of
this Act and is not to be taken by implication to be
done or made by a court.
(4) A federal judicial officer performing a function
30 under this Act has the same protection and
immunity as if he or she were performing that
function as, or as a member of, a court (being the
court of which the federal judicial officer is a
member).
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 5--Performance of Functions and Exercise of Powers
s. 36
36. Limitation on challenge to Board determination
If--
(a) an ACC State intelligence operation is
determined by the Board to be a special
5 operation; or
(b) an ACC State investigation is determined by
the Board to be a special investigation--
then, except in a proceeding instituted by the
Attorney-General of the Commonwealth or of a
10 State, any act or thing done by the ACC because
of that determination must not be challenged,
reviewed, quashed or called in question in any
court of the State on the ground that the
determination was not lawfully made.
15 37. Cooperation with law enforcement agencies and
coordination with overseas authorities
(1) In performing its functions under this Act, the
ACC must, so far as is practicable, work in
cooperation with law enforcement agencies.
20 (2) In performing its functions under this Act, the
ACC may coordinate its activities with the
activities of authorities and persons in other
countries performing functions similar to
functions of the ACC.
25 38. Incidental powers of ACC
The ACC has power to do all things necessary to
be done for or in connection with, or reasonably
incidental to, the performance of its functions
under this Act, and any specific powers conferred
30 on the ACC by this Act are not to be taken to limit
by implication the generality of this section.
__________________
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 6--General
s. 39
PART 6--GENERAL
39. Double jeopardy
If--
(a) an act or omission by a person is an offence
5 under this Act and is also an offence under
the ACC Act; and
(b) the person has been punished for the offence
under the ACC Act--
the person is not liable to be punished for the
10 offence under this Act.
40. Arrangements for Board to obtain information or
intelligence
The State Minister may make an arrangement with
the Commonwealth Minister for the Board to be
15 given by the State, or an authority of the State,
information or intelligence relating to relevant
criminal activities.
41. Administrative arrangements with the Commonwealth
The State Minister may make an arrangement with
20 the Commonwealth Minister under which the
State will, from time to time as agreed upon under
the arrangement, make available a person who is
an officer or employee of the State or of an
authority of the State or a member of the Police
25 Force of the State, or persons who are such
officers, employees or members, to perform
services for the ACC.
42. Judges to perform functions under the ACC Act
A Judge of a court of the State may perform
30 functions conferred on the Judge by section 22, 23
or 31 of the ACC Act.
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Act No.
Part 6--General
s. 43
43. Furnishing of reports and information
(1) The Chair of the Board must keep the
Commonwealth Minister informed of the general
conduct of the ACC in the performance of the
5 ACC's functions under this Act. If the
Commonwealth Minister requests the Chair of the
Board to provide to him or her information
concerning a specific matter relating to the ACC's
conduct in the performance of its functions under
10 this Act, the Chair must comply with the request.
(2) Subject to sub-section (3), if a State Minister who
is a member of the Inter-Governmental
Committee requests the Chair of the Board to
provide to him or her information concerning a
15 specific matter relating to the ACC's conduct in
the performance of its functions under this Act,
the Chair must comply with the request.
(3) If the Chair of the Board considers that disclosure
of information to the public could prejudice the
20 safety or reputation of persons or the operations of
law enforcement agencies, the Chair must not
provide the information under sub-section (2).
(4) Subject to sub-section (6), the Chair of the
Board--
25 (a) must, when requested by the Inter-
Governmental Committee to furnish
information to the Committee concerning a
specific matter relating to an ACC operation/
investigation that the ACC has conducted or
30 is conducting, comply with the request; and
(b) must when requested by the Inter-
Governmental Committee to do so, and may
at such other times as the Chair of the Board
thinks appropriate, inform the Committee
35 concerning the general conduct of the ACC
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Act No.
Part 6--General
s. 43
in the performance of the ACC's functions
under this Act.
(5) Subject to sub-section (6), the Chair of the Board
must furnish to the Inter-Governmental
5 Committee, for transmission to the Governments
represented on the Committee, a report of the
findings of any special ACC operation/
investigation conducted by the ACC.
(6) The Chair of the Board must not furnish to the
10 Inter-Governmental Committee any matter the
disclosure of which to members of the public
could prejudice the safety or reputation of persons
or the operations of law enforcement agencies
and, if the findings of the ACC in an investigation
15 include any such matter, the Chair of the Board
must prepare a separate report in relation to the
matter and furnish that report to the State
Minister.
(7) The Chair of the Board may include in a report
20 furnished under sub-section (5) a recommendation
that the report be laid before each House of the
Parliament of the State.
(8) The CEO may give to--
(a) any law enforcement agency; or
25 (b) any foreign law enforcement agency; or
(c) any other authority of the Commonwealth, a
State or a Territory prescribed by the
regulations--
any information that has come into the ACC's
30 possession under this Act and that is relevant to
the activities of that agency or authority if--
(d) it appears to the CEO to be appropriate to do
so; and
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Act No.
Part 6--General
s. 43
(e) to do so would not be contrary to a law of the
Commonwealth, a State or a Territory that
would otherwise apply.
(9) The CEO may, whenever it appears to the CEO to
5 be appropriate to do so, furnish to authorities and
persons responsible for taking civil remedies by or
on behalf of the Crown in right of the
Commonwealth, of a State or of a Territory any
information that has come into the ACC's
10 possession under this Act and that may be relevant
for the purposes of so taking such remedies in
respect of matters connected with, or arising out
of, offences against the laws of the
Commonwealth, of a State or of a Territory, as the
15 case may be.
(10) Where any information relating to the
performance of the functions of an authority of the
Commonwealth or a State or the Administration
of a Territory comes into the ACC's possession
20 under this Act, the CEO may, if he or she
considers it desirable to do so--
(a) furnish that information to the authority or
Administration; and
(b) make any recommendations to the authority
25 or Administration as to the performance of
its functions that the CEO considers
appropriate.
(11) A report under this Act that sets out any finding
that an offence has been committed, or makes any
30 recommendation for the institution of a
prosecution in respect of an offence, must not be
made available to the public unless the finding or
recommendation is expressed to be based on
evidence that would be admissible in the
35 prosecution of a person for that offence.
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Part 6--General
s. 44
(12) The CEO may, whenever it appears to the CEO to
be appropriate to do so, furnish to the Australian
Security Intelligence Organisation any
information that has come into the ACC's
5 possession under this Act and that is relevant to
security as defined in section 4 of the Australian
Security Intelligence Organisation Act 1979 of the
Commonwealth.
44. Secrecy
10 (1) This section applies to--
(a) the CEO; and
(b) a member of the Board; and
(c) a member of the staff of the ACC; and
(d) an examiner.
15 (2) A person to whom this section applies who, either
directly or indirectly, except for the purposes of a
relevant Act or otherwise in connection with the
performance of his or her functions under a
relevant Act, and either while he or she is or after
20 he or she ceases to be a person to whom this
section applies--
(a) makes a record of any information; or
(b) divulges or communicates to any person any
information--
25 being information acquired by him or her by
reason of, or in the course of, the performance of
his or her functions under this Act, is guilty of an
offence punishable by a fine not exceeding $5500
or imprisonment for a period not exceeding one
30 year, or both.
(3) A person to whom this section applies cannot be
required to produce in any court any document
that has come into his or her custody or control in
the course of, or by reason of, the performance of
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Act No.
Part 6--General
s. 44
his or her functions under this Act, or to divulge
or communicate to a court a matter or thing that
has come to his or her notice in the performance
of those functions, except where the ACC, or the
5 CEO, the acting CEO, a member of the Board or
an examiner in his or her official capacity, is a
party to the relevant proceeding or it is necessary
to do so--
(a) for the purpose of carrying into effect the
10 provisions of a relevant Act; or
(b) for the purposes of a prosecution instituted as
a result of an operation or investigation
carried out by the ACC in the performance
of its functions.
15 (4) In this section--
"court" includes any tribunal, authority or person
having power to require the production of
documents or the answering of questions;
"member of the staff of the ACC" means--
20 (a) a person referred to in the definition of
"member of the staff of the ACC" in
section 4(1) of the ACC Act; or
(b) a person who assists, or performs
services for or on behalf of, a legal
25 practitioner appointed under section 7
in the performance of the legal
practitioner's functions as counsel to the
ACC;
"produce" includes permit access to, and
30 "production" has a corresponding meaning;
"relevant Act" means the ACC Act, this Act or
any corresponding Act of another State.
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 6--General
s. 45
45. Delegation
The CEO may, by writing, delegate to a member
of the staff of the ACC who is an SES employee,
or an acting SES employee, all or any of the
5 CEO's functions under this Act.
46. Obstructing, hindering or disrupting the ACC or an
examiner
(1) A person must not--
(a) obstruct or hinder--
10 (i) the ACC in the performance of its
functions; or
(ii) an examiner in the performance of his
or her functions as an examiner; or
(b) disrupt an examination before an examiner.
15 (2) A person who contravenes sub-section (1) is
guilty of an indictable offence punishable by a
fine not exceeding $22 000 or imprisonment for a
period not exceeding 5 years.
47. Public meetings and bulletins
20 (1) The Board may hold meetings in public for the
purpose of informing the public about, or
receiving submissions in relation to, the
performance of the ACC's functions, including its
functions under this Act.
25 (2) The Board may publish bulletins for the purpose
of informing the public about the performance of
the ACC's functions, including its functions under
this Act.
(3) The Board must not--
30 (a) divulge in the course of a meeting held under
sub-section (1); or
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Act No.
Part 6--General
s. 48
(b) include in a bulletin published under sub-
section (2)--
any matter the disclosure of which to members of
the public could prejudice the safety or reputation
5 of a person or prejudice the fair trial of a person
who has been or may be charged with an offence.
48. Annual report
(1) In this section--
"annual report" means a report by the Chair of
10 the Board under section 61 of the ACC Act.
(2) An annual report in relation to a year must include
the following--
(a) a description of any ACC State investigation
that the ACC conducted during the year and
15 that the Board determined to be a special
investigation;
(b) a description, which may include statistics,
of any patterns or trends, and the nature and
scope, of any criminal activity that have
20 come to the attention of the ACC during that
year in the performance of its functions
under this Act;
(c) any recommendations for changes in the
laws of the Commonwealth, of a
25 participating State or of a Territory, or for
administrative action, that, as a result of the
performance of the ACC's functions under
this Act, the Board considers should be
made;
30 (d) the general nature and the extent of any
information furnished by the CEO during
that year under this Act to a law enforcement
agency;
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(e) the extent to which ACC State investigations
have resulted in the prosecution in that year
of persons for offences;
(f) the extent to which ACC State investigations
5 have resulted in confiscation proceedings;
(g) particulars of the number and results of court
proceedings involving the ACC in relation to
its functions under this Act being
proceedings that were determined, or
10 otherwise disposed of, during that year.
(3) An annual report must not--
(a) identify persons as being suspected of having
committed offences; or
(b) identify persons as having committed
15 offences unless those persons have been
convicted of those offences.
(4) In any annual report the Chair of the Board must
take reasonable care to ensure that the identity of a
person is not revealed if to reveal his or her
20 identity might, having regard to any material
appearing in the report, prejudice the safety or
reputation of a person or prejudice the fair trial of
a person who has been or may be charged with an
offence.
25 (5) The State Minister is to cause a copy of--
(a) each annual report that he or she receives;
and
(b) any comments made on the report by the
Inter-Governmental Committee, being
30 comments that accompanied the report--
to be laid before each House of the Parliament of
the State within 15 sitting days of that House after
he or she receives the report.
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Act No.
Part 6--General
s. 49
49. Supreme Court--limitation of jurisdiction
It is the intention of sections 36, 56 and 64 to alter
or vary section 85 of the Constitution Act 1975.
50. Regulations
5 The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed for carrying out or
giving effect to this Act.
__________________
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 7--Repeal of the National Crime Authority (State Provisions) Act 1984
s. 51
and Amendments to Other Acts
PART 7--REPEAL OF THE NATIONAL CRIME AUTHORITY
(STATE PROVISIONS) ACT 1984 AND AMENDMENTS TO
OTHER ACTS
51. Repeal of National Crime Authority (State Provisions)
5 Act 1984
See:
The National Crime Authority (State Act No.
Provisions) Act 1984 is repealed. 10157.
Reprint No. 2
as at
20 August
1998 and
amending
Act Nos
22/2000,
11/2002 and
18/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
52. Amendment of Acts
On the coming into operation of an item in
10 Schedule 1, the Act specified in the heading to
that item is amended as set out in that item.
__________________
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 8--Transitional
s. 53
PART 8--TRANSITIONAL
53. Definitions
In this Part--
"NCA investigation" means an investigation
5 under section 5(4) of the NCA (State
Provisions) Act;
"NCA (State Provisions) Act" means the
National Crime Authority (State
Provisions) Act 1984.
10 54. Certain investigations taken to be special
investigations
If an ACC State investigation relates to a matter in
relation to which an NCA investigation had been
commenced but not completed before 1 January
15 2003, the Board of the ACC is taken to have
determined, in writing, that the ACC State
investigation is a special investigation.
55. Assembling and giving evidence obtained by the NCA
If--
20 (a) before 1 January 2003, the National Crime
Authority obtained evidence of a kind
referred to in sub-section (1) of section 6 of
the NCA (State Provisions) Act; but
(b) the National Crime Authority had not
25 assembled and given the evidence as
mentioned in that sub-section before
1 January 2003--
section 34(1) applies as if that evidence had been
obtained by the ACC in carrying out an ACC
30 operation/investigation.
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Act No.
Part 8--Transitional
s. 56
56. Limitation on challenges to validity of references
Section 8 of the NCA (State Provisions) Act
continues to apply in relation to a reference made
under that Act as if that section had not been
5 repealed by this Act.
57. Arrangements to obtain information or intelligence
An arrangement that was in force under section 11
of the NCA (State Provisions) Act immediately
before 1 January 2003 has effect as if it had been
10 made under section 40.
58. Things seized under search warrants
If a thing seized pursuant to a warrant under
section 12 of the NCA (State Provisions) Act is in
the ACC's possession, section 29(10) and (11)
15 apply to that thing as if it had been seized
pursuant to a warrant under section 29.
59. Directions as to publication
(1) If a direction was in force under section 16(9) of
the NCA (State Provisions) Act immediately
20 before 1 January 2003--
(a) the direction has effect; and
(b) section 18(10), (11) and (14)(b) apply to the
direction as if it were a direction under
section 18(9).
25 (2) Section 18(12) and (13), so far as they relate to the
CEO, apply to evidence in relation to which a
direction was given under section 16(9) of the
NCA (State Provisions) Act as if it were evidence
given before an examiner in relation to which the
30 examiner has given a direction under section
18(9).
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Act No.
Part 8--Transitional
s. 60
60. Disclosure of summons or notice
If a notation made in connection with an NCA
investigation was in force under section 18A of
the NCA (State Provisions) Act immediately
5 before 1 January 2003--
(a) the notation has effect;
(b) section 22 applies to the summons or notice
containing the notation; and
(c) if there is an ACC operation/investigation
10 relating to the matter to which the NCA
investigation related, section 21(4) and (5)
apply as if the notation had been made in
connection with the ACC operation/
investigation.
15 61. Witness protection
Arrangements that were in effect under section 24
of the NCA (State Provisions) Act immediately
before 1 January 2003 have effect as if they had
been made under section 26.
20 62. Administrative arrangements in relation to the NCA
An arrangement that was in force under
section 28(b) of the NCA (State Provisions) Act
immediately before 1 January 2003 has effect as if
it had been made under section 41.
25 63. Secrecy obligations
(1) In this section--
"former official" means a person who was, at
any time, a person to whom section 31 of the
NCA (State Provisions) Act applied.
30 (2) Section 44(2) and (3) extend to a former official
(whether or not he or she is or has been a person
to whom section 44 applies) as if--
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s. 64
(a) references in section 44 to this Act or to a
corresponding Act of another State included
references to the NCA (State Provisions) Act
or to a corresponding Act of another State;
5 and
(b) the reference in section 44(3)(b) to an
investigation carried out by the ACC
included a reference to an investigation
carried out by the National Crime Authority
10 before 1 January 2003.
64. Validation of administrative actions
The Co-operative Schemes (Administrative
Actions) Act 2001 (the "validation Act") applies
to administrative actions that have been taken, or
15 have purportedly been taken, under the NCA
(State Provisions) Act as if--
(a) the NCA (State Provisions) Act were still a
relevant State Act for the purposes of the
validation Act; and
20 (b) for the purposes of the validation Act, the
"commencement time", in relation to the
NCA (State Provisions) Act, were the time
when section 51 of this Act comes into
operation.
25 Note: The NCA (State Provisions) Act was declared to be a
relevant State Act for the purposes of the
Co-operative Schemes (Administrative Actions)
Act 2001 by proclamation of the Governor in
Council published in the Government Gazette on
30 13 December 2001.
65. Transitional regulations
(1) If there is no sufficient provision in this Part for
dealing with a transitional matter, the regulations
may prescribe all matters that are required or
35 necessary to be prescribed in relation to that
matter.
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Part 8--Transitional
s. 65
(2) In sub-section (1)--
"transitional matter" includes a savings or
application matter.
(3) If regulations made under sub-section (1) provide
5 that a state of affairs specified or described in the
regulations is to be taken to have existed, or not to
have existed, at and from a day that is earlier than
the day on which the regulations are made but not
earlier than 1 January 2003, the regulations have
10 effect according to their terms.
(4) Regulations that contain a provision referred to in
sub-section (3) cannot be made more than
12 months after the day on which section 51
comes into operation.
15 (5) If regulations contain a provision referred to in
sub-section (3), the provision does not operate so
as to--
(a) affect in a manner prejudicial to any person
(other than the State or an authority of the
20 State), the rights of that person existing
before the date of making of those
regulations; or
(b) impose liabilities on any person (other than
the State or an authority of the State) in
25 respect of anything done or omitted to be
done before the date of making of those
regulations.
__________________
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
SCHEDULE
SCHEDULE 1
Section 52
AMENDMENT OF ACTS
5 See:
1. Casino Control Act 1991
Act No.
In section 166(6)(c), for "National Crime Authority" 47/1991.
Reprint No. 5
substitute "Australian Crime Commission".
as at
28 August
2001
and
amending
Act No.
38/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
2. Crimes Act 1958
Act No.
In section 67A, in the definition of "law enforcement 6231/1958.
10 Reprint No. 16
agency"--
as at
1 January
(a) for "National Crime Authority" (where first
2002
occurring) substitute "Australian Crime and
Commission"; amending
Act Nos
(b) for "National Crime Authority Act 1984" substitute 45/2001,
15 "Australian Crime Commission Act 2002". 11/2002,
16/2002 and
35/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
60
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
3. Gaming and Betting Act 1994
See:
Act No.
In section 139(6)(c), for "National Crime Authority"
37/1994.
substitute "Australian Crime Commission".
Reprint No. 3
as at
28 August
2001
and
amending
Act Nos
35/2001,
11/2002 and
38/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 4. Gaming Machine Control Act 1991
Act No.
5 In section 153(6)(c), for "National Crime Authority"
53/1991.
Reprint No. 9 substitute "Australian Crime Commission".
as at
1 September
2002
and
amending
Act Nos
117/1993,
90/1997 and
38/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 5. Health Records Act 2001
Act No.
In section 3(1), in paragraph (c) of the definition of "law
2/2001
and enforcement agency", for "National Crime Authority"
amending
10 substitute "Australian Crime Commission".
Act Nos
27/2001 and
14/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
61
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
6. Information Privacy Act 2000 See:
Act No.
In section 3 in paragraph (c) of the definition of "law
98/2000
enforcement agency", for "National Crime Authority" and
substitute "Australian Crime Commission". amending
Act Nos
2/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
5 See:
7. Interactive Gaming (Player Protection) Act 1999
Act No.
In section 65(6)(c), for "National Crime Authority" 41/1999.
Reprint No. 1
substitute "Australian Crime Commission".
as at
13 September
2001
and
amending
Act Nos
11/2002 and
38/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
8. Magistrates' Court Act 1989
Act No.
In Schedule 4, after clause 65 insert-- 51/1989.
Reprint No. 8
10 "66. Australian Crime Commission (State Provisions) Act as at
24 April 2002
2003
and
amending
Indictable offences under the Australian Crime
Act Nos
Commission (State Provisions) Act 2003, but the
23/2002,
maximum penalty that the Court may impose in 26/2002,
15 respect of a single offence is a fine not exceeding 27/2002,
35/2002,
$2200 or imprisonment for a period not exceeding one
37/2002 and
year.".
47/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
62
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
9. Police Regulation Act 1958
See:
Act No.
Section 4(2A) is repealed.
6338/1958.
Reprint No. 9
as at
1 January
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 10. Prostitution Control Act 1994
Act No.
In section 3(1), in the definition of "law enforcement
102/1994
5 Reprint No. 5 agency"--
as at
20 September (a) for "National Crime Authority" (where first
2001.
occurring) substitute "Australian Crime
LawToday:
Commission";
www.dms.
dpc.vic.
(b) for "National Crime Authority Act 1984" substitute
gov.au
10 "Australian Crime Commission Act 2002".
See: 11. Surveillance Devices Act 1999
Act No.
(1) In section 3(1)--
21/1999
and
(a) in the definition of "chief law enforcement officer"--
amending
Act Nos
(i) for "National Crime Authority" (where first
61/2001,
15 18/2002 and occurring) substitute "Australian Crime
35/2002. Commission";
LawToday:
www.dms. (ii) for "Chair of the National Crime Authority"
dpc.vic.
substitute "Chief Executive Officer of the
gov.au
National Crime Authority";
20 (b) in the definition of "law enforcement officer", for
"National Crime Authority" substitute "Australian
Crime Commission";
(c) for the definition of "National Crime Authority"
substitute--
25 ' "Australian Crime Commission" means Australian
Crime Commission established by the
Australian Crime Commission Act 2002 of the
Commonwealth;';
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
(d) in the definition of "senior law enforcement
officer"--
(i) for "member of staff of the National Crime
Authority" substitute "member of the staff of
5 the Australian Crime Commission";
(ii) for "a member of the National Crime Authority
(including the Chair)" substitute "the Chief
Executive Officer of the Australian Crime
Commission or an examiner within the meaning
10 of the Australian Crime Commission Act 2002
of the Commonwealth".
(2) In section 5(c), for "National Crime Authority" substitute
"Australian Crime Commission".
(3) In section 37(1)(b), for "Chair of the National Crime
15 Authority" substitute "Chief Executive Officer of the
Australian Crime Commission".
(4) In section 37(1)(b)(i) and (ii), for "National Crime
Authority" substitute "Australian Crime Commission".
See:
12. Taxation (Reciprocal Powers) Act 1987
Act No.
20 In section 7(1), for "National Crime Authority or a person 37/1987.
Reprint No. 2
authorised by that Authority" substitute "Chief Executive
as at
Officer of the Australian Crime Commission or persons 22 April 1999
authorised by him or her". and
amending
Act Nos
74/2000,
79/2000 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
13. Telecommunications (Interception) (State Provisions) Act 1988
Act No.
25 In section 3(1), in the definition of "agency", for "National 46/1988
and
Crime Authority" substitute "Australian Crime
amending
Commission". Act Nos
116/1993 and
65/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
64
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
14. Witness Protection Act 1991
See:
Act No.
(1) In section 3(1)--
15/1991.
Reprint No. 2 (a) in paragraph (c) of the definition of "approved
as at
authority", for "Chair of the National Crime
31 May 2000
5 Authority" substitute "Chief Executive Officer of the
and
Australian Crime Commission";
amending
Act Nos
(b) in paragraph (a) of the definition of "officer of an
72/2001,
11/2002 and approved authority"--
18/2002.
LawToday: (i) for "(a), (b) or (c)" substitute "(a) or (b)";
www.dms.
10 (ii) omit "or Chair";
dpc.vic.
gov.au
(c) after paragraph (a) of the definition of "officer of an
approved authority" insert--
'(ab) in relation to an approved authority within the
meaning of paragraph (c) of the definition of
15 "approved authority"--a person who is a
member of the staff of the Australian Crime
Commission;'.
(2) In section 22(2)--
(a) for "(a), (b) or (c)" substitute "(a) or (b)";
20 (b) in paragraph (a), omit "or Chair".
(3) After section 22(2) insert--
'(2A) If a notice has been published under sub-section (1) in
relation to an approved authority within the meaning
of paragraph (c) of the definition of "approved
25 authority" in section 3--
(a) for the purposes of an arrangement referred to
in sub-section (1), a person who is a member of
the staff of the Australian Crime Commission
may perform any function or exercise any
30 power conferred on a member of the police
force under this Act; and
(b) the provisions of this Act apply to the person as
if he or she were a member of the police force.'.
(4) At the end of section 26 insert--
35 "(2) Arrangements that were in force between the Chief
Commissioner of Police and the Chair of the National
Crime Authority under section 21 immediately before
1 January 2003 continue in force for the purposes of
this Act as if they were arrangements made by the
65
551049B.I1-8/5/2003 BILL LA CIRCULATION 25-10-2004
Australian Crime Commission (State Provisions) Act 2003
Act No.
Sch. 1
Chief Commissioner of Police with the Chief
Executive Officer of the Australian Crime
Commission.".
66
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Australian Crime Commission (State Provisions) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
67
551049B.I1-8/5/2003 BILL LA CIRCULATION 25-10-2004
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