Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 43

Furnishing of reports and information

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 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 this Act, the Chair
must comply with the request.

(2) Subject to subsection (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 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 safety or reputation of persons or the operations
of law enforcement agencies, the Chair must not provide the information under
subsection (2).

(4) Subject to subsection (6), the Chair of the Board-

   (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 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 concerning the general conduct of the ACC in the
        performance of the ACC's functions under this Act.

(5) Subject to subsection (6), the Chair of the Board must furnish to the
Inter-Governmental 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 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
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 furnished under subsection
(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

   (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 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

   (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 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 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 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 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 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 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 prosecution of a person for that offence.

(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 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.