Victorian Consolidated Legislation

AUSTRALIAN CRIME COMMISSION (STATE PROVISIONS) ACT 2003 - NOTES

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

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 7 May 2003
Legislative Council: 10 June 2003
The long title for the Bill for this Act was "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."
The Australian Crime Commission (State Provisions) Act 2003 was assented to on 16 June 2003 and came into operation as follows:
Sections 1, 2, 3(1) (except paragraphs (d) and (e) of the definition of Commonwealth body or person), 3(2)-(4), 4-14, 17-43, 44(1)(a)(c)(d)
(2)-(4), 45-65, Schedule 1 (except items 11 and 14) on 17 June 2003: section 2(1); Schedule 1 (items 11 and 14) on 16 October 2003: Government Gazette 16 October 2003 page 2624.  Section 3(1) paragraphs (d) and (e) of the definition of Commonwealth body or person, sections 15, 16 and 44(1)(b) on 13 May 2004: Government Gazette 13 May 2004 pages 1217, 1218.
2. Table of Amendments
This Version incorporates amendments made to the Australian Crime Commission (State Provisions) Act 2003 by Acts and subordinate instruments.
-------------------------------------------------------------
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 8) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Australian Crime Commission (State Provisions) Act 2003
Statute Law Revision Act 2007, No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 2) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Australian Crime Commission (State Provisions) Act 2003
-------------------------------------------------------------
3.	Explanatory Details
No entries at date of publication.



















INDEX

Subject

Section

ACC See Australian Crime Commission

ACC Act (def.)
3
ACC operations/investigations

	definition
3
	evidence of offences obtained in course of
34
	information for Inter-Governmental Committee on matters related to

43
ACC State intelligence operations (def.)
3
See also Special ACC operations/investigations

ACC State investigations
3, 48
See also Special ACC operations/investigations

Act

	commencement
2
	Crown bound by
4
	purposes
1
	transitional provisions
49, 53-65
Annual report
48
Arrest warrants
24
Australian Crime Commission

	annual report
48
	co-operation with law enforcement agencies
37
	counsel assisting
7
	functions
5
	incidental powers
38
	information, reports on performance of functions of
43
	members of staff
44
	obstruction, hindrance of
46
See also headings beginning with ACC; 
Chief Executive Officer

Australian Crime Commission Board

	committees of
15
	consent to performance of certain functions
31
	determination of special operations, investigations 
8, 12, 14, 16, 36
	functions
8
	meetings
9-13
	obtaining information, intelligence from State
40
	public meetings, bulletins
47
	recommendations to Ministers
34
	resolutions without meetings
14
	secrecy
44
See also Chair

Board See Australian Crime Commission Board











Subject

Section

Chair

	powers and duties regarding

annual report
48
copies of determinations for Inter-Governmental Committee

8
information, reports on ACC's conduct and findings of investigations/operations

43
meetings of Board
9-10
requests for further information as to special determinations

16
Chief executive officer

	delegation
45
	management of ACC operations, investigations
6
	powers and duties regarding

cancelled notations on notices, summonses
21
counsel to assist ACC
7
evidence made available to courts
18
evidence obtained in course of operations, investigations

34
information given to law enforcement agencies, authorities

43, 48
persons authorised to administer oaths, affirmations

19
variation, revocation of examiner's directions
18
	secrecy
44
Commonwealth bodies or persons

	definition
3
	performance of functions
31-33
Commonwealth Minister

	arrangements with State Minister
40-41
	definition
3
	information on ACC's conduct
43
	recommendations by Board to
34
Confiscation proceedings
23, 34, 48
Definitions
3, 21, 22, 24, 28, 29, 35, 44, 48, 53
Double jeopardy
39
Entry powers

	under arrest warrants
24
	under search warrants
29
Evidence

	given in examinations
18-19, 25
	obtained in course of operations, investigations
34
Examinations

	arrangements made by CEO as to examiner
6
	conduct
17-18
	disclosure of summonses, notices
21-22
	evidence
18-19, 25
	obstruction, hindrance, disruption
46
	privileged communications
23
	production of documents
19-23
	protection of examiners, legal practitioners
27
	secrecy of examiners
44
	witnesses before
19, 21-24, 26-28
Subject

Section

Federal judicial officers 
See Judges of Federal Court; Federal Magistrates

Federal Magistrates

	definition
3
	functions
35
	search warrants issued by
29-30
Intelligence operations (def.)
3
Inter-Governmental Committee

	copies of special determinations for
8
	information, reports on ACC's conduct and findings of investigations/operations

43
	powers regarding special determinations
16
Issuing officers

	definition
3
	search warrants issued by
29-30
Judges of Courts of the State

	functions conferred by ACC Act on
42
	search warrants issued by
29-30
Judges of Federal Court

	arrest warrants issued by
24
	functions
35
	orders for delivery of witnesses' passports
28
	search warrants issued by
29-30
Minister 
See Commonwealth Minister; State Minister

NCA investigations

	transitional provisions
53-65
Offences

	contravention of secrecy provisions
44
	evidence obtained during operations, investigations
34
	obstruction, hindrance of ACC, examiners
46
	regarding examinations

disclosure of summonses, notices
22
disruption
46
failure to attend, answer questions 
23
failure to produce documents
20, 23
false, misleading evidence 
25
unauthorised presence, publications
18
Organised crimes See Serious and organised crimes

Regulations
50
Search warrants
29-30
Seizure
29
Serious and organised crimes (def.)
3
Special ACC operations/investigations

	definition
3
	determinations by Board

Board's functions
8
included in annual report
48
limitations to challenges to
36, 49
number of members who must be in favour of
12, 14
requests for further information regarding
16
revocation
16

Subject

Section

	reports on findings of
43
	search warrants for purposes of
29-30
See also Examinations

State Minister

	arrangements for protection of witnesses
26
	arrangements with Commonwealth Minister
40-41
	duties regarding annual report
48
	information, reports on ACC's conduct and findings of investigations/operations

43
	recommendations by Board to
34
	referral of requests for further information as to special determinations to

16
Summonses
19, 21-22
Supreme Court

	arrest warrants issued by
24
	limitation of jurisdiction
49
Transitional provisions
49, 53-65
Witnesses

	arrest warrants
24
	delivery of passports to examiners
28
	failure to attend, answer questions
23
	protection
26, 27
	summonses to appear
19, 21-22

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Australian Crime Commission (State Provisions) Act 2003
No. 52 of 2003