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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corruption and Crime Commission Amendment
(Investigative Function) Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment to the
Corruption and Crime
Commission Act 2003
3. The Act amended 3
4. Section 3 amended 3
5. Section 5 replaced 7
5. "Serious crime", meaning of 7
6. Section 7A amended 7
7. Section 7B amended 7
8. Section 17 amended 7
9. Section 21 amended 8
10. Part 4 replaced 8
Part 4 -- Serious crime
Division 1 -- Serious crime function
45. Serious crime function 8
46. How Commission performs its serious
crime function 9
Division 2 -- Referrals by Reference Group
47. Referrals to Commission 9
48. Reference Group must be satisfied before
making a referral 10
49. Directions to the Commission about
investigations 11
262--1 page i
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Contents
Division 3 -- Task forces and other operational
agreements
50. Police task forces 12
51. Operational agreements 12
11. Section 91 amended 12
12. Section 137 amended 13
13. Section 140 amended 13
14. Part 12A inserted 13
Part 12A -- Corruption and Crime Commission
Reference Group
187A. Crime and Corruption Commission
Reference Group 13
187B. Delegation to Acting Commissioner 13
187C. Functions of Reference Group 14
187D. Meetings of Reference Group 14
187E. Transaction of business outside meetings 14
15. Section 195 amended 15
16. Schedule 1 repealed 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. Paul Omodei, MLA)
Corruption and Crime Commission Amendment
(Investigative Function) Bill 2007
A Bill for
An Act to amend the Corruption and Crime Commission Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Corruption and Crime Commission
Amendment (Investigative Function) Act 2007.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 3
Part 2 -- Amendment to the Corruption and Crime
Commission Act 2003
3. The Act amended
The amendment in this Part is to the Corruption and Crime
5 Commission Act 2003.
4. Section 3 amended
Section 3 is amended as follows --
(a) by inserting after the definition of "allegation" --
"
10 "ancilliary offence" means --
(a) an offence of conspiring to commit the
serious crime offence;
(b) an offence of aiding, abetting, counselling or
procuring, or being in any way knowingly
15 concerned in, the commission of a serious
crime offence; or
(c) an offence of attempting to commit a serious
crime offence;
".
20 (b) by inserting after the definition of "investigation" --
"
"law enforcement agency" means --
(a) a police force of another State or Territory;
or
25 (b) the Australian Federal Police;
(c) any other authority or person responsible for
the enforcement of the laws of the
Commonwealth of the State, another State or
Territory;
30 ".
page 3
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 4
(c) by repealing the definition of "organised crime" and
inserting instead --
"
"organised crime" means criminal activity --
5 (a) that involves 2 or more offenders and
substantial planning and organisation; and
(b) that involves, or is of a kind that ordinarily
involves, the use of sophisticated methods and
techniques; and
10 (c) that is committed, or is of a kind that is
ordinarily committed, in conjunction with other
offences of a like kind; and
(d) that is a confiscation offence within the
meaning of the Criminal Property Confiscation
15 Act 2000, an offence of a kind prescribed by the
regulations or an offence that involves any of
the following --
(i) theft;
(ii) fraud;
20 (iii) (state) tax evasion;
(iv) property laundering;
(v) illegal drug dealings;
(vi) illegal gambling;
(vii) obtaining financial benefit by vice
25 engaged in by others;
(viii) extortion;
(ix) violence;
(x) bribery or corruption of, or by, an
officer of the State;
30 (xi) perverting the course of justice;
(xii) harbouring of criminals;
page 4
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 4
(xiii) firearms;
(xiv) armament dealings;
(xv) fauna trafficking;
(xvi) cybercrime;
5 (xvii) paedophilia;
(xviii) terrorism;
(xix) matters of the same general nature as
one or more of the matters listed above;
(e) that is --
10 (i) punishable by imprisonment for a
period of 3 years or more; or
(ii) a confiscation offence within the
meaning of the Criminal Property
Confiscation Act 2000;
15 but --
(f) does not include an offence committed in the
course of a genuine dispute as to matters
pertaining to the relations of employees and
employers by a party to the dispute, unless the
20 offence is committed in connection with, or as
part of, a course of activity involving the
commission of a serious crime other than an
offence so committed; and
(g) does not include an offence the time for
25 commencement of a prosecution for which has
expired.
".
(d) by amending the definition of "organised crime
investigation" by deleting "organised crime" in each
30 place where it occurs and inserting instead --
" serious crime ".
page 5
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 4
(e) by amending the definition of "organised crime
examination" by deleting "organised crime" in each
place where it occurs and inserting instead --
" serious crime ".
5 (f) by amending the definition of "organised crime
summons" by deleting "organised crime" in each place
where it occurs and inserting instead --
" serious crime ".
(g) by inserting after the definition of "record" --
10 "
"Reference Group" means the Crime and Corruption
Commission Reference Group established under
section 187A;
".
15 (h) by inserting after the definition of "reviewable police
action" --
"
"serious crime" has the meaning given by section 5;
".
20 (i) by deleting the definition of "Schedule 1 offence";
(j) by deleting the definition of "Section 5 offence";
(k) after sub-section (2) the following is inserted --
"
(3) If the head of a Corruption and Crime Commission
25 operation/investigation suspects that an offence (the
"incidental offence") that is not a serious offence may
be directly or indirectly connected with, or may be
used as part of, a course of activity involving the
commission of a serious crime offence (whether or not
30 the head has identified the nature of that serious
offence) then the incidental offence is, for so long only
as the head so suspects, taken, for the purposes of the
Act, to be a serious crime offence.
".
page 6
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 5
5. Section 5 replaced
Section 5 is repealed and the following section is inserted
instead --
"
5 5. "Serious crime", meaning of
A serious crime consists of --
(a) criminal activity that involves an indictable
offence punishable on conviction by a term of
imprisonment not less than 14 years; or
10 (b) criminal paedophilia; or
(c) organised crime; or
(d) ancillary offence;
(e) incidental offence.
".
15 6. Section 7A amended
Section 7A(a) is amended by deleting "organised crime" and
inserting instead --
" serious crime ".
7. Section 7B amended
20 Section 7B(2) is amended by deleting "organised crime" and
inserting instead --
" serious crime ".
8. Section 17 amended
Section 17(2)(a) is amended by deleting "organised crime" and
25 inserting instead --
" serious crime ".
page 7
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 9
9. Section 21 amended
Section 21 is amended by deleting "organised crime" and
inserting instead --
" serious crime ".
5 10. Part 4 replaced
Part 4 is repealed and the following part is inserted instead --
"
Part 4 -- Serious crime
Division 1 -- Serious crime function
10 45. Serious crime function
(1) The Commission has a function to investigate serious
crime referred to it by the Reference Group.
(2) The Commission may, in considering whether or not to
conduct, continue or discontinue an investigation have
15 regard to such matters as it thinks fit, including
whether or not (in the Commission's opinion) --
(a) the subject-matter of the investigation is trivial;
or
(b) the conduct concerned occurred at too remote a
20 time to justify investigation; or
(c) if the investigation was initiated as a result of a
complaint the complaint was frivolous,
vexatious or not in good faith.
page 8
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 10
46. How Commission performs its serious crime
function
Without limiting the ways the Commission may
perform its serious crime function, the Commission
5 performs its serious crime function by --
(a) investigating serious crime; and
(b) when conducting investigations under
paragraph (a), gathering evidence for --
(i) the prosecution of persons for offences;
10 and
(ii) the recovery of the proceeds of serious
crime; and
(c) liasing with, providing information to, and
receiving information from, other law
15 enforcement agencies and prosecuting
authorities, including agencies and authorities
outside the State of Australia, about serious
crime.
Division 2 -- Referrals by Reference Group
20 47. Referrals to Commission
(1) The Reference Group may refer serious crime to the
Commission for investigation --
(a) on its own initiative; or
(b) if asked by the Commissioner of Police.
25 (2) The referral must be written.
page 9
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 10
48. Reference Group must be satisfied before making a
referral
(1) The Reference Group may, on its own initiative, refer
serious crime to the Commission for investigation only
5 if it is satisfied --
(a) an investigation into the serious crime is
unlikely to be effective using powers ordinarily
available to the police service; and
(b) it is in the public interest to refer the serious
10 crime to the Commission.
(2) The Reference Group may, if asked by the
Commissioner of Police, refer serious crime to the
Commission for investigation only if its satisfied --
(a) the police service has carried out an
15 investigation into the serious crime that has not
been effective; and
(b) further investigation into the serious crime is
unlikely to be effective using powers ordinarily
available to police officers; and
20 (c) it is in the public interest to refer the serious
crime to the Commision.
(3) Without limiting the matters to which the Reference
Group may have regard in deciding whether it is in the
public interest to refer serious crime to the
25 Commission, the Reference Group may have regard to
the following matters --
(a) the number of persons that may be involved;
(b) the degree of planning and organisation likely
to be involved;
30 (c) the seriousness of, or the consequences of, the
serious crime;
page 10
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 10
(d) the person or persons likely to be responsible
for planning and organising the serious crime;
(e) the likely involvement of the person or persons
in similar activities;
5 (f) the financial or other benefits likely to be
derived by any person;
(g) whether investigation by the Commission is a
justifiable use of resources.
49. Directions to the Commission about investigations
10 (1) The Reference Group may give the Commission
direction imposing limitations on a crime investigation,
including limitations on the exercise of the
Commission's powers for the investigation.
(2) The Reference Group may also direct the Commission
15 to end a particular crime investigation if the Reference
Group considers --
(a) it may be more appropriate for another entity to
undertake the investigation; or
(b) it may be more effective for another entity to
20 undertake the investigation; or
(c) investigation by the Commission is not a
justifiable use of resources.
(3) The Commission must comply with a direction given
under subsection (1) or (2).
page 11
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 11
Division 3 -- Task forces and other operational agreements
50. Police task forces
(1) The Commissioner may make arrangements with the
Commissioner of Police for the establishment of a
5 police task force to help the Commission to carry out a
serious crime investigation.
(2) A police task force is under the control and direction of
the Commissioner of Police.
51. Operational agreements
10 The Commission may, in connection with its serious
crime function, enter into operational agreements with
other law enforcement agencies to --
(a) arrange for the establishment of task forces
within the State; and
15 (b) seek the establishment of joint task forces with
authorities of the Commonwealth or other
States or Territories;
(c) co-operate with State task forces,
Commonwealth task forces, joint task forces or
20 other task forces;
(d) co-ordinate or co-operate in co-ordinating any
such task forces.
".
11. Section 91 amended
25 After section 91(1)(q) the following paragraph is inserted --
"
(r) the number of matters referred by the Reference
Group to the Commission for investigation
under section 47.
30 ".
page 12
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 12
12. Section 137 amended
Section 137 is amended by deleting "organised crime" and
inserting instead --
" serious crime ".
5 13. Section 140 amended
Section 140(1) is amended by deleting "organised crime" and
inserting instead --
" serious crime ".
14. Part 12A inserted
10 After Part 12 the following part is inserted --
"
Part 12A -- Corruption and Crime Commission
Reference Group
187A. Crime and Corruption Commission Reference
15 Group
(1) The Corruption and Crime Commission Reference
Group is established.
(2) The Reference Group consists of the Commissioner
and the Commissioner of Police.
20 187B. Delegation to Acting Commissioner
The Commissioner may delegate responsibility to the
Acting Commissioner in exceptional circumstances
when either the Commissioner or the Commissioner of
Police is unable to participate in a Reference Group
25 meeting.
page 13
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Part 2 Amendment to the Corruption and Crime Commission Act
2003
s. 14
187C. Functions of Reference Group
The Reference Group has the following functions --
(a) to refer, as provided under this Act, serious
crime to the Commission for investigation;
5 (b) to coordinate, the extent the Reference Group
considers appropriate, investigations into
serious crime conducted by the Commission in
cooperation with a police task force or another
law enforcement agency;
10 (c) to review and monitor generally the work of the
Commission.
187D. Meetings of Reference Group
(1) Meetings of the Reference Group shall be held at such
times and places as are from time to time agreed upon
15 by the members of the Reference Group.
(2) The quorum for a meeting of the Reference Group is 2
members.
(3) A decision supported by all of the members of the
Reference Group shall be the decision of the Reference
20 Group.
(4) The Reference Group is to keep full and accurate
minutes of the proceedings of each meeting.
187E. Transaction of business outside meetings
(1) The Reference Group may hold meetings, or allow
25 members to take part in its meetings, by telephone,
closed-circuit television or other means.
(2) A member who takes part in a reference group meeting
under subsection (1) is taken to be present at the
meeting.
page 14
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007
Amendment to the Corruption and Crime Commission Act Part 2
2003
s. 15
(3) A resolution if validly made by the Reference Group,
even it is not passed at a reference group meeting, if --
(a) all members give written agreement to the
resolution; and
5 (b) notice of the resolution is given to all members.
".
15. Section 195 amended
After section 195(1)(a) the following paragraph is inserted --
"
10 (bb) to audit the operations and performance of the
Reference Group for the purpose of monitoring
compliance with the provisions of this Act.
".
16. Schedule 1 repealed
15 Schedule 1 is repealed.
page 15
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