Victorian Consolidated Legislation

AUSTRALIAN CRIME COMMISSION (STATE PROVISIONS) ACT 2003

No. 52 of 2003
Version incorporating amendments as at 1 February 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Act to bind the Crown

   PART 2-THE AUSTRALIAN CRIME COMMISSION, THE BOARD AND THE INTER-GOVERNMENTAL COMMITTEE

           Division 1-The Australian Crime Commission

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

           Division 2-The Board of the ACC

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

           Division 3-The Inter-Governmental Committee

   16.     Functions of Committee

   PART 3-EXAMINATIONS

   17.     Examinations
   18.     Conduct of examination
   19.     Power to summon witnesses and take evidence
   20.     Power to obtain documents
   21.     Disclosure of summons or notice may be prohibited
   22.     Offences of disclosure
   23.     Failure of witnesses to attend and answer questions
   24.     Warrant for arrest of witness
   25.     False or misleading evidence
   26.     Protection of witnesses from harm or intimidation
   27.     Legal protection of examiners, counsel and witnesses
   28.     Order for delivery to examiner of passport of witness

   PART 4-SEARCH WARRANTS

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

   PART 5-PERFORMANCE OF FUNCTIONS AND EXERCISE OF POWERS

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

   PART 6-GENERAL

   39.     Double jeopardy
   40.     Arrangements for Board to obtain information or intelligence
   41.     Administrative arrangements with the Commonwealth
   42.     Judges to perform functions under the ACC Act
   43.     Furnishing of reports and information
   44.     Secrecy
   45.     Delegation
   46.     Obstructing, hindering or disrupting the ACC or an examiner
   47.     Public meetings and bulletins
   48.     Annual report
   49.     Supreme Court-limitation of jurisdiction
   50.     Regulations

   PART 7-Repealed

           51, 52. Repealed

   PART 8-TRANSITIONAL

   53.     Definitions
   54.     Certain investigations taken to be special investigations
   55.     Assembling and giving evidence obtained by the NCA
   56.     Limitation on challenges to validity of references
   57.     Arrangements to obtain information or intelligence
   58.     Things seized under search warrants
   59.     Directions as to publication
   60.     Disclosure of summons or notice
   61.     Witness protection
   62.     Administrative arrangements in relation to the NCA
   63.     Secrecy obligations
   64.     Validation of administrative actions
   65.     Transitional regulations
           __________________
           SCHEDULE 1-Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details