Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 34

Performance of functions

34. Performance of functions



(1) Where the ACC, in carrying out an ACC 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-

   (a)  the Attorney-General of the Commonwealth or the State, as the case
        requires; or

   (b)  the relevant law enforcement agency; or

   (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.

(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-

   (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 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 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 the trials of relevant offences;
        and

   (ii) relevant offences in relation to, or involving, corporations; and

   (iii) taxation, banking and financial frauds; and

   (iv) reception by Australian courts of evidence obtained in foreign
        countries as to relevant offences; and

   (v)  maintenance and preservation of taxation, banking and financial
        records; or

   (b)  for reform of administrative practices; or

   (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.

(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 the performance of any of its other functions.