Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 16

Functions of 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 (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 Chair of the Board to give further information to the
Committee in relation to the determination.

(2) Subject to subsection (3), the Chair of the Board must comply with the
request.

(3) If the Chair of the Board considers that disclosure 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 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 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 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

   (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 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 subsection (1) in relation to a special determination, 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,
revoke the determination.

(7) The Committee must notify the Chair of the Board 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
concerned before the CEO is so notified.

(9) The Committee does not have a duty to consider whether to exercise the
power under subsection (1) or (6) in respect of any special determination,
whether the Committee is requested to do so by any person, or in any other
circumstances.

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