Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 8

Functions of the Board

8. Functions of the Board



(1) The Board has the following functions-

   (a)  to determine, in writing, whether an ACC State intelligence operation
        is a special operation or whether an ACC State investigation is a
        special investigation;

   (b)  to determine, in writing, the class or classes of persons to
        participate in an ACC State intelligence operation or ACC State
        investigation;

   (c)  to establish task forces;

   (d)  such other functions as are conferred on the Board by other provisions
        of this Act.

(2) The Board may determine, in writing, that an ACC State intelligence
operation is a special operation. Before doing so, it must consider whether
methods of collecting the criminal information and intelligence that do not
involve the use of powers in this Act have been effective.

(3) The Board may determine, in writing, that an ACC State investigation is a
special investigation. Before doing so, it must consider whether ordinary
police methods of investigation into the matters are likely to be effective.

(4) A determination under subsection (2) or (3) must-

   (a)  describe the general nature of the circumstances or allegations
        constituting the relevant criminal activity to which the operation or
        investigation relates; and

   (b)  state that the serious and organised crime is, or the serious and
        organised crimes are or include, an offence or offences against a law
        of the State but need not specify the particular offence or offences;
        and

   (c)  set out the purpose of the operation or investigation.

(5) The Chair of the Board must, within the period of 3 days beginning on the
day a determination under subsection (2) or (3) is made, give a copy of the
determination to the Inter-Governmental Committee.

(6) A determination under subsection (2) or (3) has effect immediately after
it is made.

(7) Sections 9 to 15 have effect in relation to the Board's functions under
this Act.