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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation (Exceptional Powers)
and Fortification Removal Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meanings of terms used in this Act 2
4. Section 4 offences 3
5. Act not applicable to juveniles 3
6. Delegation by Commissioner of Police 3
Part 2 -- Special commissioners
7. Appointment of special commissioner 4
8. Effect of appointment 4
Part 3 -- Basis for, and control of, use
of powers
9. Finding as to grounds for exercising Part 4 or 5
powers 5
10. Special commissioner may limit exercise of powers 6
11. Overseeing exercise of certain powers 6
Part 4 -- Examination before special
commissioner
Division 1 -- Preliminary matters
12. Scope of this Part 8
13. Offences for which a person stands charged 8
page i
65--3
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Contents
Division 2 -- Proceedings before special
commissioner
14. Summoning witnesses to attend and produce things 8
15. Disclosure of summons may be prohibited 9
16. Witness to attend while required 11
17. Power to examine on oath 11
18. Affirmation instead of oath 11
19. Legal representation 11
20. Examination of witnesses 12
21. Examination to be private 13
22. Conduct of proceedings 13
23. Arrest of witness failing to appear 13
24. Appeal against apprehension 14
25. Power of special commissioner in relation to things
produced 14
26. Records of investigation 14
27. Witness protection arrangements 15
28. Ancillary powers of special commissioner 15
Division 3 -- Contraventions and offences
29. Proceedings for an offence 15
30. Penalty for failing to attend or produce anything 16
31. Penalty for failing to be sworn or to give evidence 17
32. Offences of disclosure contrary to notation on
summons 17
33. Breaching privacy of proceedings 20
34. Giving false testimony 20
35. Bribery of witness 20
36. Fraud on witness 21
37. Destroying evidence 21
38. Preventing witness from attending 21
39. Injury to witness 21
40. Dismissal by employers of witness 22
Division 4 -- Other matters
41. Judicial supervision excluded 22
42. Legal professional privilege 22
43. Use of statements obtained 24
44. Protection to special commissioner and others 25
45. Proceedings for defamation not to lie 25
page ii
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Contents
46. Privilege, protection or immunity not limited or
abridged 25
47. Facilitating proof of certain things 25
Part 5 -- Entry, search, and related
matters
48. When this Part applies 27
49. Enhanced power to enter, search, and detain 27
50. Enhanced power to stop, detain, and search 28
51. Provisions about searching a person 28
52. Extension of power to search 30
53. Things that have been seized 30
54. Offences under this Part 30
55. Report on use of powers under this Part 30
Part 6 -- Surveillance devices
56. Enhanced powers concerning surveillance devices 32
Part 7 -- Fortifications
57. Meaning of terms used in this Part 33
58. Issuing fortification warning notice 34
59. Contents of fortification warning notice 34
60. Giving fortification warning notice 35
61. Withdrawal notice 36
62. Issuing fortification removal notice 36
63. Contents of fortification removal notice 37
64. Giving fortification removal notice 37
65. Enforcing fortification removal notice 38
66. Review of fortification removal notice 39
67. Hindering removal or modification of fortifications 40
68. Planning and other approval issues 40
69. No compensation 41
70. Protection from liability for wrongdoing 41
71. Regulations 41
Part 8 -- Other provisions
72. Freedom of Information Act 1992 amended 43
73. Review of Act 43
74. Parliamentary Supervisory Committee 43
page iii
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Contents
Schedule 1 -- Offences that may be
relevant for this Act 45
Defined Terms
page iv
Western Australia
LEGISLATIVE COUNCIL
(As amended during consideration in detail)
(Transmitted from the Legislative Assembly)
Criminal Investigation (Exceptional Powers)
and Fortification Removal Bill 2001
A Bill for
An Act to facilitate the investigation of criminal activity in certain
cases and to provide for the removal or modification of certain
fortifications and other security measures and to amend the Freedom
of Information Act 1992.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Investigation
(Exceptional Powers) and Fortification Removal Act 2001.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Meanings of terms used in this Act
In this Act, unless the contrary intention appears --
10 "Commissioner of Police" means the person holding or acting
in the office of Commissioner of Police under the Police
Act 1892;
"document" includes anything that is a document as defined in
section 79B of the Evidence Act 1906;
15 "organised crime" means activities of 2 or more persons
associated together solely or partly for purposes in the
pursuit of which 2 or more Schedule 1 offences are
committed, the commission of each of which involves
substantial planning and organisation;
20 "Schedule 1 offence" means an offence described in
Schedule 1;
"section 4 offence" has the meaning given by section 4;
"special commissioner" means a person acting under this Act
as a special commissioner;
25 "State Records Commission" means the commission
established under section 57 of the State Records Act 2000.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Preliminary Part 1
s. 4
4. Section 4 offences
A section 4 offence is -- a Schedule 1 offence committed in the
course of organised crime.
5 5. Act not applicable to juveniles
(1) None of the powers given by this Act can be exercised in
respect of a juvenile.
(2) In this section --
"juvenile" means a person who has not reached 18 years of age.
10 6. Delegation by Commissioner of Police
(1) The Commissioner of Police may delegate any power or duty of
the Commissioner of Police under another provision of this Act
to a police officer whose rank is Assistant Commissioner or
higher.
15 (2) The delegation must be in writing signed by the Commissioner
of Police.
(3) A police officer exercising or performing a power or duty that
has been delegated to the police officer under this section is to
be taken to do so in accordance with the terms of the delegation
20 unless the contrary is shown.
(4) Nothing in this section limits the ability of the Commissioner of
Police to perform a function through an officer or a person
representing the Commissioner of Police.
page 3
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 2 Special commissioners
s. 7
Part 2 -- Special commissioners
7. Appointment of special commissioner
(1) The Governor may appoint a person as a special commissioner
for a period not exceeding 4 years specified in the appointment.
5 (2) The person appointed must be a person who has held office as a
Judge of the Supreme Court or the District Court or has held
another equivalent judicial office prescribed by regulations.
8. Effect of appointment
(1) A person appointed as a special commissioner has the functions
10 given by this Act to a special commissioner.
(2) A person may resign as a special commissioner by notice in
writing given to the Governor, but the resignation does not have
effect until it is accepted by the Governor.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Special commissioners Part 3
s. 9
Part 3 -- Basis for, and control of, use of powers
9. Finding as to grounds for exercising Part 4 or 5 powers
(1) On the application of the Commissioner of Police, a special
commissioner may find whether or not the special
5 commissioner is satisfied that --
(a) there are reasonable grounds for suspecting that a
section 4 offence has been, or is being, committed;
(b) there are reasonable grounds for suspecting that there
might be evidence or other information relevant to the
10 investigation of the offence that can be obtained under
Part 4 or 5; and
(c) there are reasonable grounds for believing that the use of
powers given by Part 4 or 5 would be in the public
interest having regard to --
15 (i) whether or not the suspected offence could be
effectively investigated without using the
powers;
(ii) the extent to which the evidence or other
information that it is suspected might be obtained
20 would assist in the investigation, and the
likelihood of obtaining it; and
(iii) the circumstances in which the information or
evidence that it is suspected might be obtained is
suspected to have come into the possession of
25 any person from whom it might be obtained.
(2) If the special commissioner is satisfied that the grounds
described in subsection (1) exist, the finding is to be reduced to
writing and a copy of it is to be given to the Commissioner of
Police.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 3 Special commissioners
s. 10
10. Special commissioner may limit exercise of powers
(1) A special commissioner finding under section 9 that the special
commissioner is satisfied that the grounds described in section
9(1) exist may give directions limiting the exercise of powers
5 under Part 4 or 5.
(2) A special commissioner may revoke or vary directions under
this section or give further directions limiting the exercise of
powers under Part 4 or 5.
(3) Limitations may be expressed however the special
10 commissioner considers appropriate and, without limiting other
ways in which they may be expressed, they may operate by
reference to --
(a) particular powers;
(b) particular circumstances;
15 (c) particular persons;
(d) particular places;
(e) particular articles; or
(f) particular times or periods of time.
(4) A special commissioner giving, revoking, or varying a direction
20 under this section is to do so in writing a copy of which is to be
given to the Commissioner of Police.
11. Overseeing exercise of certain powers
(1) A special commissioner may require the Commissioner of
Police or any other person to give the special commissioner
25 details of any exercise of a power under Part 4 or 5, including
the identity of any person who has exercised the power.
(2) The Commissioner of Police or any other person to whom a
requirement under subsection (1) is made is to comply with the
requirement and is to cause any person under the control of the
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Special commissioners Part 3
s. 11
Commissioner of Police to provide the special commissioner
with any details sought by the special commissioner.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 4 Examination before special commissioner
Division 1 Preliminary matters
s. 12
Part 4 -- Examination before special commissioner
Division 1 -- Preliminary matters
12. Scope of this Part
(1) This Part is to facilitate the investigation of a section 4 offence.
5 (2) The investigation of an offence includes the investigation of a
suspicion that the offence has been, or is being, committed.
(3) The powers of a special commissioner under this Part cannot be
exercised unless the Commissioner of Police has satisfied a
special commissioner that the grounds described in section 9(1)
10 exist in respect of the section 4 offence concerned.
(4) A power under this Part cannot be exercised contrary to a
direction under section 10.
13. Offences for which a person stands charged
A person cannot be examined under this Part about matters that
15 may be relevant to an offence with which the person stands
charged, but this section does not prevent any other person from
being examined under this Part about those matters.
Division 2 -- Proceedings before special commissioner
14. Summoning witnesses to attend and produce things
20 (1) A special commissioner may, on the application of the
Commissioner of Police, issue a signed summons and cause it to
be served upon the person to whom it is addressed.
(2) Personal service of the summons is required.
(3) The summons may require the person to whom it is addressed to
25 attend before the special commissioner, at a time and place
named in the summons, and then and there to --
(a) give evidence;
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Proceedings before special commissioner Division 2
s. 15
(b) produce any document or other thing in the person's
custody or control that is described in the summons; or
(c) do both of those things.
15. Disclosure of summons may be prohibited
5 (1) A summons under section 14 may include in it a notation to the
effect that disclosure of information about the summons or
about any official matter connected with it, is prohibited except
in the circumstances, if any, specified in the notation.
(2) The notation cannot be included unless subsection (3) requires it
10 to be included or subsection (4) permits it to be included.
(3) The notation is required to be included if the person issuing the
summons is satisfied that failure to do so could reasonably be
expected to prejudice --
(a) the safety or reputation of a person;
15 (b) the fair trial of a person who has been or may be charged
with an offence; or
(c) the effectiveness of an investigation.
(4) The notation may be included if the person issuing the summons
is satisfied that failure to do so --
20 (a) might prejudice --
(i) the safety or reputation of a person;
(ii) the fair trial of a person who has been or may be
charged with an offence; or
(iii) the effectiveness of an investigation;
25 or
(b) might otherwise be contrary to the public interest.
(5) If the notation is included, it must be accompanied by a written
statement describing the effect of section 32.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 4 Examination before special commissioner
Division 2 Proceedings before special commissioner
s. 15
(6) The notation ceases to have effect if, after the conclusion of the
investigation concerned --
(a) no evidence of an offence has been obtained;
(b) although evidence of an offence or offences has been
5 obtained, it has been decided not to initiate any criminal
proceedings in which the evidence would be relevant;
(c) evidence of an offence or offences committed by only
one person has been obtained and criminal proceedings
have been initiated against that person; or
10 (d) evidence of an offence or offences committed by 2 or
more persons has been obtained and --
(i) criminal proceedings have been initiated against
all those persons; or
(ii) criminal proceedings have been initiated against
15 all those persons except any of them against
whom it has been decided not to initiate criminal
proceedings.
(7) If a notation ceases to have effect because of subsection (6), the
Commissioner of Police must serve a written notice of that fact
20 on each person who was served with the summons containing
the notation.
(8) If a notation is inconsistent with permission given under
section 33, the notation has no effect to the extent of the
inconsistency.
25 (9) In this section --
"official matter" means any of the following (whether past,
present or contingent) --
(a) the investigation for the purposes of which the
summons was issued;
30 (b) a hearing before a special commissioner for the
purposes of the investigation; or
(c) court proceedings.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Proceedings before special commissioner Division 2
s. 16
16. Witness to attend while required
A person who has been served with a summons under section 14
is required, unless excused by a special commissioner, to attend
as specified by the summons and report to the special
5 commissioner from day to day until released from further
attendance by a special commissioner.
17. Power to examine on oath
A special commissioner may --
(a) require a witness who is to be examined to take an oath;
10 (b) administer an oath to a person appearing as a witness
before the special commissioner, whether the witness
has been summoned or appears without being
summoned.
18. Affirmation instead of oath
15 (1) A witness who is to be examined before a special commissioner
may make an affirmation that --
(a) the witness conscientiously objects to taking an oath;
and
(b) the witness will, when answering questions, state the
20 truth, the whole truth, and nothing but the truth.
(2) An affirmation made under subsection (1) is of the same force
and effect and entails the same liabilities as an oath.
19. Legal representation
(1) In making an application under section 14 or participating in
25 proceedings before a special commissioner, the Commissioner
of Police is to be represented by a legal practitioner within the
meaning of the Legal Practitioners Act 1893 instructed for that
purpose, who may be assisted by others not so qualified but who
are under the direct supervision of a legal practitioner.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Part 4 Examination before special commissioner
Division 2 Proceedings before special commissioner
s. 20
(2) The person being examined is entitled to legal representation at
the examination.
(3) If the special commissioner considers that in the circumstances
it would not be in the public interest to postpone a person's
5 examination to enable the person's legal representative to be
present, a special commissioner may --
(a) despite subsection (2), allow the examination of the
person to proceed without the person having legal
representation; or
10 (b) arrange for the person to be legally represented at the
examination.
(4) A person may decline to be legally represented as arranged
under subsection (3)(b) by the special commissioner, but the
special commissioner is not obliged to arrange any other legal
15 representation for the person.
(5) The special commissioner may refuse to allow a person to be
represented before the special commissioner by a person who is
already involved in the proceedings or is involved or suspected
to be involved in a matter being investigated.
20 20. Examination of witnesses
(1) A person representing the Commissioner of Police may, so far
as the special commissioner thinks proper, examine,
cross-examine, or re-examine any witness on any matter that the
special commissioner considers relevant to the investigation.
25 (2) A person representing any witness before a special
commissioner may, so far as the special commissioner thinks
proper, examine, cross-examine, or re-examine that witness.
(3) This section does not prevent the special commissioner from
allowing any other examination, cross-examination, or
30 re-examination of witnesses that the special commissioner
considers appropriate.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Proceedings before special commissioner Division 2
s. 21
21. Examination to be private
(1) An examination under this Part is not open to the public.
(2) The special commissioner may make an order as to who may be
present during the whole or any part of the examination.
5 22. Conduct of proceedings
In proceedings before a special commissioner the rules of
evidence do not apply and, except as otherwise stated in this
Act, the special commissioner may determine how the
proceedings are to be conducted.
10 23. Arrest of witness failing to appear
(1) If a person who has been served with a summons under
section 14 fails to attend as required by the summons and
section 16, the special commissioner may, on proof by a
statement verified by statutory declaration that the summons
15 was served, issue a warrant for the apprehension of that person
(in this section called "the defaulter").
(2) A warrant issued under subsection (1) authorises any person to
whom it is addressed or a member of the Police Force of the
State --
20 (a) to apprehend the defaulter at any time and bring the
defaulter before the special commissioner; and
(b) for that purpose, to detain the defaulter in custody until
released by order of the special commissioner or, on
appeal, by order of the Full Court of the Supreme Court.
25 (3) The person executing the warrant may break and enter any place,
building, or vessel for the purpose of executing the warrant.
(4) The apprehension of the defaulter under this section does not
prevent the defaulter from being dealt with under section 30 for
contempt.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Part 4 Examination before special commissioner
Division 2 Proceedings before special commissioner
s. 24
24. Appeal against apprehension
An appeal lies to the Full Court of the Supreme Court in respect
of an apprehension under section 23.
25. Power of special commissioner in relation to things
5 produced
(1) A special commissioner or a person authorised in writing by a
special commissioner may inspect any document or other thing
produced before the special commissioner, and may retain it for
a reasonable period and may make images of anything relevant
10 to the investigation or take extracts from any document.
(2) A special commissioner may make an order about what is to be
done with any document or other thing produced before the
special commissioner, and it may be dealt with in accordance
with that order.
15 (3) A special commissioner may not order a document to be
destroyed except in accord with the State Records Act 2000.
26. Records of investigation
(1) A special commissioner is to cause records to be kept of the
investigation, including transcripts of all proceedings before the
20 special commissioner.
(2) A special commissioner may make any order considered to be
appropriate, in accordance with the State Records Act 2000, as
to --
(a) who can have a copy of any of the records and on what
25 conditions;
(b) how the records are to be dealt with when the
investigation is complete.
(3) If, after the completion of an investigation, any question arises
as to how any records should be dealt with, the question is to be
30 referred to the State Records Commission which may order that
any record be dealt with as the State Records Commission
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Contraventions and offences Division 3
s. 27
considers appropriate in accordance with the State Records Act
2000.
(4) For the purpose of the State Records Act 2000 any records that
are transferred to the custody of the Director of State Records as
5 State archives, shall be treated by the Director as restricted
access archives unless the Attorney General requests otherwise.
27. Witness protection arrangements
If it appears to a special commissioner that, because a person --
(a) is to attend, is attending, or has attended, before a
10 special commissioner to give evidence or to produce a
document or thing; or
(b) proposes to produce, or has produced, a document or
thing to a special commissioner,
the safety of any person may be prejudiced or any person may
15 be subjected to intimidation or harassment, the special
commissioner may make any arrangements (including
arrangements with the Minister or with members of the Police
Force of the State) to avoid prejudice to the safety of any
person, or to protect any person from intimidation or
20 harassment.
28. Ancillary powers of special commissioner
The powers of a special commissioner include the power to do
anything that is necessary or incidental to the performance of
the special commissioner's functions under this Part.
25 Division 3 -- Contraventions and offences
29. Proceedings for an offence
Proceedings for offences against this Part may be instituted by
any person.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Part 4 Examination before special commissioner
Division 3 Contraventions and offences
s. 30
30. Penalty for failing to attend or produce anything
(1) A person who has been served with a summons under section 14
and fails, without reasonable excuse, to --
(a) attend as required by the summons and section 16; or
5 (b) produce any document or other thing as required by the
summons,
may be dealt with on the motion of the Attorney General as if in
contempt of the Supreme Court, and the Supreme Court has
jurisdiction accordingly.
10 (2) In this section --
"reasonable excuse" means an excuse that would excuse a
similar failure by a witness, or a person summoned as a
witness, before the Supreme Court except that it does not
include --
15 (a) as an excuse for failing to produce any document or
other thing, that --
(i) the production of the document or other thing
might incriminate or tend to incriminate the
person or render the person liable to a penalty;
20 or
(ii) the production of the document or other thing
would be in breach of an obligation of the
person not to disclose information, or not to
disclose the existence or contents of a
25 document, whether the obligation arose under
an enactment or otherwise;
or
(b) an excuse based on legal professional privilege that is
excluded by section 42.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Examination before special commissioner Part 4
Contraventions and offences Division 3
s. 31
31. Penalty for failing to be sworn or to give evidence
(1) A person served with a summons under section 14 requiring the
person to attend and give evidence who --
(a) fails to be sworn or make an affirmation; or
5 (b) fails to answer any question relevant to the investigation
that a special commissioner requires the person to
answer,
may be dealt with on the motion of the Attorney General as if in
contempt of the Supreme Court, and the Supreme Court has
10 jurisdiction accordingly.
(2) A person required by a special commissioner to answer a
question relevant to the investigation is not excused from the
requirement to answer the question on the ground that the
answer might incriminate or tend to incriminate the person or
15 render the person liable to a penalty.
32. Offences of disclosure contrary to notation on summons
(1) A person who is served with a summons containing a notation
made under section 15 must not disclose --
(a) the existence of the summons or any information about
20 it; or
(b) the existence of any official matter connected with the
summons or any information about that official matter.
Penalty: Imprisonment for 3 years and a fine of $60 000.
(2) Subsection (1) does not prevent the person from making a
25 disclosure --
(a) in accordance with the circumstances, if any, specified
in the notation;
(b) to a legal practitioner for the purpose of obtaining legal
advice or representation relating to the summons or
30 matter;
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 4 Examination before special commissioner
Division 3 Contraventions and offences
s. 32
(c) to a person to whom the disclosure is made for the
purpose of obtaining legal aid relating to the summons
or matter;
(d) if the person is a body corporate -- to an officer or agent
5 of the body corporate for the purpose of ensuring
compliance with the summons; or
(e) if the person is a legal practitioner, for the purpose of
complying with a legal duty of disclosure arising from
his or her professional relationship with a client.
10 (3) If a disclosure is made to a person as permitted by
subsection (2) or (4) --
(a) while the person is a person of a kind to whom one of
those subsections permits a disclosure to be made, the
person must not disclose the existence of, or any
15 information about, the summons, or any official matter
connected with it, except as permitted by subsection (4);
and
(b) if the person is no longer a person of a kind to whom
one of those subsections permits a disclosure to be
20 made, the person must not, in any circumstances, make a
record of, or disclose the existence of, or any
information about, the summons or matter.
Penalty: Imprisonment for 3 years and a fine of $60 000.
(4) A person to whom information has been disclosed, as permitted
25 by subsection (2) or this subsection, may disclose that
information --
(a) if the person is an officer or agent of a body corporate
referred to in subsection (2)(d) --
(i) to another officer or agent of the body corporate
30 for the purpose of ensuring compliance with the
summons;
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Contraventions and offences Division 3
s. 32
(ii) to a legal practitioner for the purpose of
obtaining legal advice or representation relating
to the summons or matter; or
(iii) to a person to whom the disclosure is made for
5 the purpose of obtaining legal aid relating to the
summons or matter;
(b) if the person is a legal practitioner, for the purpose of
giving legal advice, making representations, or obtaining
legal aid, relating to the summons or matter; or
10 (c) if the disclosure is made to the person for the purpose of
obtaining legal aid relating to the summons or matter,
for the purpose of obtaining that legal advice or
representation.
(5) This section ceases to apply if --
15 (a) under section 15(6) the notation ceases to have effect; or
(b) a period of 5 years elapses after the issue of the summons.
(6) A reference in this section to disclosing the existence of
something includes disclosing information from which a person
could reasonably be expected to infer its existence.
20 (7) In this section --
"official matter" means any of the following (whether past,
present or contingent) --
(a) the investigation for the purposes of which the
summons was issued;
25 (b) a hearing before a special commissioner for the
purposes of the investigation; or
(c) court proceedings.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 4 Examination before special commissioner
Division 3 Contraventions and offences
s. 33
33. Breaching privacy of proceedings
A person who, without the permission of a special
commissioner, publishes --
(a) all or any of the transcript of proceedings before a
5 special commissioner;
(b) any information obtained in the course of the
proceedings; or
(c) a report of the whole or any part of proceedings before a
special commissioner,
10 commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
34. Giving false testimony
A witness before a special commissioner who knowingly gives
false testimony touching any matter, material in the
15 investigation, is guilty of a crime.
Penalty: Imprisonment for 5 years.
35. Bribery of witness
A person who --
(a) gives, confers, or procures, or promises or offers to give or
20 confer, or to procure or attempt to procure, any property or
benefit of any kind to, upon, or for, any person, upon any
agreement or understanding that any person called or to be
called as a witness before a special commissioner will give
false testimony or withhold true testimony;
25 (b) attempts by any means to induce a person called or to be
called as a witness before a special commissioner to
give false testimony, or to withhold true testimony; or
(c) asks, receives or obtains, or agrees or attempts to receive
or obtain, any property or benefit of any kind for that or
30 any other person, upon any agreement or understanding
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Examination before special commissioner Part 4
Contraventions and offences Division 3
s. 36
that a witness before a special commissioner will give
false testimony or withhold true testimony,
is guilty of a crime.
Penalty: Imprisonment for 5 years.
5 36. Fraud on witness
A person who practises any fraud or deceit on, or knowingly
makes or exhibits any false statement, representation, token, or
writing to, a person called or to be called as a witness before a
special commissioner with intent to affect the testimony of that
10 person as a witness, is guilty of a crime.
Penalty: Imprisonment for 3 years.
37. Destroying evidence
A person who, knowing that a document or other thing is or
may be required in evidence before a special commissioner,
15 wilfully destroys it or renders it illegible or undecipherable or
incapable of identification, with the intention of preventing it
from being effectively used in evidence, is guilty of a crime.
Penalty: Imprisonment for 3 years.
38. Preventing witness from attending
20 A person who wilfully prevents, or wilfully endeavours to
prevent, a person who has been summoned to attend as a
witness before a special commissioner from attending as a
witness, or from producing anything in evidence, as required by
the summons is guilty of a crime.
25 Penalty: Imprisonment for 5 years and a fine of $100 000.
39. Injury to witness
A person who uses, causes, inflicts, or procures, any violence,
punishment, damage, loss, or disadvantage to any other person
for or on account of the other person having appeared as a
30 witness before a special commissioner, or for or on account of
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any evidence given by the other person before a special
commissioner, is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
40. Dismissal by employers of witness
5 (1) An employer who dismisses an employee from employment, or
prejudices an employee in employment, for or on account of the
employee having appeared as a witness before a special
commissioner, or for or on account of the employee having given
evidence before a special commissioner, is guilty of a crime.
10 Penalty: Imprisonment for 5 years and a fine of $100 000.
(2) In a proceeding for an offence against subsection (1) it lies upon
the employer to prove that the employee shown to have been
dismissed or prejudiced was dismissed or prejudiced for a
reason other than a reason mentioned in that subsection.
15 Division 4 -- Other matters
41. Judicial supervision excluded
(1) A prerogative writ cannot be issued and an injunction or a
declaratory judgment cannot be given in respect of the
performance of a function under this Part and proceedings
20 cannot be brought seeking such a writ, injunction, or judgment.
(2) Subsection (1) does not apply after the completion of the
investigation that it was being sought to facilitate by performing
the function.
42. Legal professional privilege
25 (1) Legal professional privilege does not prevent a summons under
section 14 from requiring a person to produce a document that
would otherwise be subject to that privilege.
(2) Unless it is claimed and allowed in accordance with this section
legal professional privilege does not provide a reasonable
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excuse for failure to produce a document as required by a
summons under section 14.
(3) A person who wishes to claim that a document is subject to
legal professional privilege (which claim is permitted by
5 subsection (4)) shall --
(a) attend and produce that document in accordance with
the summons, sealed up and identified as subject to a
claim of legal professional privilege; and
(b) at the same time provide to the special commissioner a
10 statement detailing the name and address of the person
entitled to waive the privilege with regard to each
document.
(4) A claim of legal professional privilege may only be made in
relation to the following --
15 (a) proofs of evidence taken from clients and possible
witnesses;
(b) notes of instruction taken from clients or possible
witnesses with regard to events that have already
occurred;
20 (c) documents created for the purposes of preparing --
(i) a defence to any existing or possible charges; or
(ii) for an appearance or reasonably anticipated
appearance before a special commissioner,
arising out of events which have already occurred such
25 as but not limited to--
(iii) notes, letters and opinions which set out legal
advice to a client;
(iv) internal memoranda or letters;
(v) a solicitor's letter to a private investigator; or
30 (vi) a solicitor's letter to potential expert witnesses;
(d) correspondence between a solicitor and prosecuting
authorities or police written in order to negotiate the
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possibility of a client giving a statement or testimony;
and
(e) correspondence between a solicitor and prosecuting
authorities or police written in order to negotiate a plea
5 of guilty.
(5) Legal professional privilege is not to attach to any document by
reason of this section unless that privilege would attach by law.
(6) The special commissioner shall determine with respect to each
document for which a claim of legal professional privilege has
10 been made whether that claim is valid.
(7) The special commissioner shall return any document, which the
special commissioner has determined is subject to a valid claim
of legal professional privilege, to the person who produced it
without allowing the Commissioner of Police access.
15 (8) Until such time as a special commissioner has determined that a
document is not subject to a valid claim of legal professional
privilege a person other than the special commissioner may not
unseal the document or have access to it.
Penalty: Imprisonment for 3 years and a fine of $60 000.
20 (9) In this section "document" includes any other thing.
43. Use of statements obtained
(1) A statement made by a witness in answer to a question that a
special commissioner requires the witness to answer is not
admissible in evidence against the person making the statement
25 in --
(a) any criminal proceedings; or
(b) proceedings for the imposition of a penalty other than
contempt proceedings or proceedings for an offence
against this Part.
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(2) Despite subsection (1), the witness may, in any proceedings
referred to in that subsection, be asked about the statement
under the Evidence Act 1906 section 21.
44. Protection to special commissioner and others
5 (1) A special commissioner has, in performing functions as special
commissioner, the same protection and immunity as a Supreme
Court Judge performing functions as a Judge.
(2) Except as otherwise stated in this Part, a witness summoned to
attend or appearing before a special commissioner has the same
10 protection, and is, in addition to the penalties provided by this
Part, subject to the same liabilities in any civil or criminal
proceeding, as a witness in any case tried in the Supreme Court.
(3) A person representing a person before a special commissioner
has the same protection and immunity as a barrister has in
15 appearing for a party in proceedings in the Supreme Court and,
if the person is a barrister or solicitor, is subject to the same
liabilities as if appearing before that court.
45. Proceedings for defamation not to lie
No action or proceeding, civil or criminal, lies against the State,
20 against a Minister, or against a person employed or engaged by
the State, in respect of the printing or publishing of a transcript
of proceedings of a special commissioner.
46. Privilege, protection or immunity not limited or abridged
Sections 44 and 45 do not limit or abridge any privilege,
25 protection, or immunity existing apart from those sections.
47. Facilitating proof of certain things
(1) In all legal proceedings the production of --
(a) a document purporting to be signed by the Governor and
to be sealed with the Public Seal of the State and
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purporting to appoint a person or persons to be a special
commissioner; or
(b) a document purporting to be a copy of a document
described in paragraph (a) and certified in writing to be
5 a true copy of it by a person purporting to be a person
named in the document as a special commissioner,
is evidence that the Governor has appointed any person
described in that document as a special commissioner.
(2) A transcript of the proceedings before a special commissioner
10 that has been certified by the special commissioner to be a
correct transcript is sufficient evidence of the proceedings and
any statement or disclosure made in those proceedings.
(3) In contempt proceedings under section 30(1) or 31(1), a
certificate of a special commissioner stating any fact relevant to
15 those proceedings is sufficient evidence of the fact stated.
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Part 5 -- Entry, search, and related matters
48. When this Part applies
This Part applies if the Commissioner of Police has satisfied a
special commissioner that the grounds described in section 9(1)
5 exist in respect of the section 4 offence concerned but a power
under this Part cannot be exercised contrary to a direction under
section 10.
49. Enhanced power to enter, search, and detain
(1) A police officer may, for the purposes of investigating a
10 section 4 offence, without a warrant --
(a) at any time enter any place where there are reasonable
grounds for suspecting that the offence has been, or is
being, committed; and
(b) demand the production of, and inspect, any articles or
15 records kept there.
(2) A police officer who has entered a place under subsection (1)
may --
(a) search the place and secure the place for the purposes of
searching it;
20 (b) stop, detain, and search anyone at the place;
(c) photograph any person or thing, and make a copy of or
seize any document that the police officer suspects on
reasonable grounds will provide evidence or other
information relevant to the investigation of the offence;
25 and
(d) seize anything else that the police officer suspects on
reasonable grounds will provide evidence or other
information relevant to the investigation of the offence.
(3) A police officer may use any force that is reasonably necessary
30 in exercising powers given by subsections (1) and (2).
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50. Enhanced power to stop, detain, and search
(1) This section does not apply unless there are reasonable grounds
to suspect that a person is in possession of --
(a) anything used, or intended to be used, in connection
5 with the commission of a section 4 offence; or
(b) anything else that may provide evidence of, or other
information about, the offence.
(2) A police officer may without a warrant stop, detain, and search
the person and any conveyance where the police officer
10 reasonably suspects the person to be.
(3) The power to stop and detain a conveyance includes the power
to detain anyone in or on the conveyance for as long as is
reasonably necessary to search the conveyance even though,
until the conveyance has been searched, the person may not be
15 suspected of anything because of which the person can be
detained under subsection (2).
(4) A police officer may without a warrant seize anything described
in subsection (1).
(5) A police officer may use any force that is reasonably necessary,
20 and may call on any assistance necessary, in order to perform a
function under this section.
(6) In this section --
"conveyance" means anything used or capable of being used to
transport people or goods by air, land, or water, and it does
25 not matter how it is propelled or that it may ordinarily be
stationary.
51. Provisions about searching a person
(1) A police officer cannot carry out a search of a person under this
Part unless of the same sex as the person searched.
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(2) If a police officer of the same sex as the person to be searched is
not immediately available to carry out the search, another police
officer may --
(a) cause the search to be carried out, under the direction of
5 a police officer, by another person of the same sex as the
person to be searched;
(b) detain the person for as long as is reasonably necessary
for the person to be searched in accordance with this
section; or
10 (c) convey or conduct the person to a place where the
person can be searched in accordance with this section.
(3) Nothing in this Part authorises a search by way of an
examination of the body cavities of a person unless it is carried
out under subsection (5) by a medical practitioner or a
15 registered nurse.
(4) A police officer may arrange for a medical practitioner or
registered nurse nominated by the police officer to examine the
body cavities of the person to be searched and may --
(a) detain the person until the arrival of that medical
20 practitioner or registered nurse; or
(b) convey or conduct the person to that medical
practitioner or registered nurse.
(5) A medical practitioner or registered nurse may carry out an
examination arranged by a police officer under subsection (4)
25 and no action lies against the medical practitioner or registered
nurse in respect of anything reasonably done for the purposes of
the examination.
(6) A police officer may use any force that is reasonably necessary,
and may be accompanied by any assistance necessary, in order
30 to perform a function under this section.
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s. 52
(7) In this section --
"medical practitioner" means an individual who is registered
as a medical practitioner under the Medical Act 1894;
"registered nurse" means a person registered under Part 3 of
5 the Nurses Act 1992.
52. Extension of power to search
The power given by this Part to search for any thing includes
the power to break open anything that it is suspected might
contain it.
10 53. Things that have been seized
The Criminal Code section 714 applies to anything seized under
this Part as if it had been seized under The Criminal Code.
54. Offences under this Part
A person who wilfully --
15 (a) delays, obstructs, or otherwise hinders --
(i) the performance by a police officer or other
person of a function under this Part; or
(ii) the rendering of assistance under this Part in the
performance of a function;
20 or
(b) does not produce anything as demanded under
section 49(1)(b),
commits an offence.
Penalty: Imprisonment for 2 years and a fine of $40 000.
25 55. Report on use of powers under this Part
(1) A police officer who exercises powers under this Part is
required to submit to the Commissioner of Police a report in
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Entry, search, and related matters Part 5
s. 55
writing of each occasion on which any of those powers were
exercised, giving details of --
(a) what was done in the exercise of those powers;
(b) the time and place at which the powers were exercised;
5 and
(c) any person or property affected by the exercise of the
powers.
(2) The report is to be submitted within 3 days after the powers are
exercised.
10 (3) The obligation of a police officer to submit a report under this
section about a particular exercise of power within a particular
time is sufficiently complied with if the police officer ensures
that a report by another police officer who was present when the
powers were exercised is made within that time dealing with all
15 of the details about which a report is required.
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Part 6 Surveillance devices
s. 56
Part 6 -- Surveillance devices
56. Enhanced powers concerning surveillance devices
(1) This Part has effect if a police officer applies under the
Surveillance Devices Act 1998 section 15 or 16 for a warrant
5 and the offence concerned is a section 4 offence.
(2) The effects of this Part are that --
(a) instead of the court having to be satisfied that there are
reasonable grounds for believing anything described in
the Surveillance Devices Act 1998 section 13(1)(a) or
10 17(1)(a), it is sufficient that the court be satisfied that
there are reasonable grounds for suspecting it;
(b) the court to which the application is made is to regard
the fact that the offence concerned is a section 4 offence
as justifying investigative powers in addition to those
15 that it might otherwise regard as being in the public
interest; and
(c) anything that the warrant may authorise to be done if
there is a reasonable belief as to any matter may be
authorised by the warrant to be done also if there is a
20 reasonable suspicion as to the matter.
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Fortifications Part 7
s. 57
Part 7 -- Fortifications
57. Meaning of terms used in this Part
(1) In this Part --
"fortification" means any structure or device that, whether
5 alone or as part of a system, is designed to prevent or
impede, or to provide any other form of countermeasure
against, uninvited entry to premises;
"heavily fortified" has the meaning given by subsection (2);
"interested person" means a person who --
10 (a) is a lessee of the premises, whether or not actually
occupying the premises; or
(b) is actually occupying, or is entitled to the possession
of, the premises;
"owner" means --
15 (a) if the premises are on land that is subject to the
Transfer of Land Act 1893 or the Land
Administration Act 1997, a proprietor of the land
within the meaning of the Transfer of Land Act 1893;
(b) if the premises are on land that is subject to the
20 Registration of Deeds Act 1856, the holder of an
estate or interest in the land that is registered by
memorial under that Act;
"submission" means a submission made by an owner or
interested person to the Commissioner of Police that a
25 fortification removal notice should not be issued;
"the submission period" has the meaning given by
section 59(2)(b).
(2) Premises are heavily fortified if there are, at the premises,
fortifications to an extent or of a nature that it would be
30 reasonable to regard as excessive for premises of that kind.
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58. Issuing fortification warning notice
(1) The Commissioner of Police may, without giving notice to any
other person, apply to a special commissioner for the issue of a
fortification warning notice.
5 (2) The special commissioner may issue a fortification warning
notice if satisfied on the balance of probabilities that there are
reasonable grounds for suspecting that the premises to which it
relates are --
(a) heavily fortified; and
10 (b) habitually used as a place of resort by members of a
class of people a significant number of whom may
reasonably be suspected to be involved in organised
crime.
(3) The special commissioner may be satisfied by a statement made
15 by the applicant and verified by statutory declaration.
59. Contents of fortification warning notice
(1) A fortification warning notice is addressed to --
(a) the owner of the premises to which it relates, or each
owner if there are 2 or more, by name; and
20 (b) any other interested persons, without naming them but
with an explanation of the term "interested person".
(2) The notice must contain --
(a) a brief summary of section 58(2), including an
explanation of the terms "fortification" and "heavily
25 fortified", and a statement that a special commissioner is
satisfied as to the matters mentioned in that provision;
(b) a warning that unless, within the period of 14 days after
the day on which a copy of the notice is given as
described in section 60(1) ("the submission period"),
30 the Commissioner of Police is satisfied that --
(i) the premises are not heavily fortified; or
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s. 60
(ii) the premises are not habitually used as a place of
resort by members of a class of people a
significant number of whom may reasonably be
suspected to be involved in organised crime,
5 a fortification removal notice may be issued; and
(c) an explanation of how a person who is an owner or
interested person can make a submission to the
Commissioner of Police that a fortification removal
notice should not be issued.
10 60. Giving fortification warning notice
(1) A copy of the fortification warning notice may be given --
(a) by giving it to any person --
(i) who is an owner; or
(ii) who is actually occupying the premises and
15 appears to have reached 18 years of age,
in any way described in the Interpretation Act 1984
section 76, registered post being used if it is given by
post; or
(b) if it appears that any reasonable attempt to give it as
20 described in paragraph (a) is unlikely to be successful,
by affixing it to the front entrance or another part of the
premises where it can be easily seen.
(2) Giving a copy of a notice as described in subsection (1)(b) is to
be regarded as giving it to each person who is actually
25 occupying the premises and appears to have reached 18 years of
age.
(3) Although it is sufficient for the notice to be given as described
in subsection (1), the Commissioner of Police is required to
make every reasonable attempt to give, as soon as practicable, a
30 copy of the notice to every person who has not already been
given a copy of it and who is an owner or interested person,
indicating on that copy when the submission period ends.
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(4) If the notice is not given as described in subsection (1) within
14 days after the special commissioner issues it, the notice
lapses and cannot be given at all.
61. Withdrawal notice
5 (1) If, before the end of the time within which a fortification
removal notice can be issued, the Commissioner of Police
decides not to issue a fortification removal notice, the
Commissioner of Police is required to give a withdrawal notice
to each person who was given a fortification warning notice.
10 (2) The withdrawal notice must identify the premises, refer to the
fortification warning notice, and state that the Commissioner of
Police has decided not to issue a fortification removal notice.
(3) The withdrawal notice may be given in any way in which
section 60 would enable a fortification warning notice to be
15 given.
62. Issuing fortification removal notice
(1) If a fortification warning notice has been given as described in
section 60(1) and the submission period has elapsed, the
Commissioner of Police may issue a fortification removal notice
20 relating to the premises concerned.
(2) The Commissioner of Police cannot issue the fortification
removal notice unless, after considering each submission, if any,
made before the submission period elapsed, the Commissioner
of Police reasonably believes that the premises are --
25 (a) heavily fortified; and
(b) habitually used as a place of resort by members of a
class of people a significant number of whom may
reasonably be suspected to be involved in organised
crime.
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(3) A fortification removal notice cannot be issued if --
(a) a period of more than 28 days has elapsed since the end
of the submission period; or
(b) the Commissioner of Police has given any person a
5 withdrawal notice referring to the fortification warning
notice concerned.
63. Contents of fortification removal notice
(1) A fortification removal notice is addressed to each person to
whom the fortification warning notice was addressed, and in the
10 same way.
(2) The notice must contain --
(a) a statement to the effect that, within 7 days after the day
on which the notice is given to the owner of the
premises or any further time allowed by the
15 Commissioner of Police, the fortifications at the
premises must be removed or modified to the extent
necessary to satisfy the Commissioner of Police that the
premises are no longer heavily fortified;
(b) a warning as to the effect of section 65; and
20 (c) an explanation of the right to apply to the Supreme
Court for a review under section 66.
(3) The notice may, but is not required to, include details as to what
would need to be done before the Commissioner of Police
would be satisfied that the premises are no longer heavily
25 fortified.
64. Giving fortification removal notice
(1) The fortification removal notice is required to be given to the
owner of the premises and, if it is given by post, registered post
is to be used.
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(2) Although it is sufficient for the notice to be given to the owner,
the Commissioner of Police is required to make every
reasonable attempt to give a copy of the notice, as soon as
practicable, to every interested person.
5 (3) A copy of the notice may be given under subsection (2) in any
way in which section 60 would enable a fortification warning
notice to be given.
65. Enforcing fortification removal notice
(1) If the fortifications at the premises are not, within the time
10 specified in the fortification removal notice or any further time
allowed by the Commissioner of Police, removed or modified to
the extent necessary to satisfy the Commissioner of Police that
the premises are no longer heavily fortified, the Commissioner
of Police may cause the fortifications to be removed or modified
15 to the extent required by the fortification removal notice.
(2) The Commissioner of Police may extend the time allowed by
the notice if, before the time allowed elapses, application is
made to the Commissioner of Police for it to be extended.
(3) Subsection (1) authorises police officers and agents of the
20 Commissioner of Police, without warrant or further notice, to
enter the premises and secure them in order to do anything for
the purposes of that subsection, and to use any force and employ
any equipment necessary.
(4) The Commissioner of Police may seize anything that can be
25 salvaged in the course of removing or modifying fortifications
under this section, and may sell or dispose of it as the
Commissioner of Police considers appropriate.
(5) The proceeds of any sale under subsection (4) are forfeited to
the State and, to the extent that they are insufficient to meet the
30 costs incurred by the Commissioner of Police under this section,
the Commissioner of Police may recover those costs as a debt
due from the owner of the premises.
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66. Review of fortification removal notice
(1) If a fortification removal notice relating to premises has been
issued, the owner or an interested person may, within 7 days
after the day on which the notice is given to the owner of the
5 premises, apply to the Supreme Court for a review of whether,
having regard to the submissions, if any, made before the
submission period elapsed and any other information that the
Commissioner of Police took into consideration, the
Commissioner of Police could have reasonably had the belief
10 required by section 62(2) when issuing the notice.
(2) The Commissioner of Police may identify any information
provided to the court for the purposes of the review as
confidential if its disclosure might prejudice the operations of
the Commissioner of Police, and the information is not to be
15 disclosed to any other person, whether or not a party to the
proceedings.
Penalty: Imprisonment for 3 years and a fine of $60 000.
(3) An application for review under this section cannot be made if
an application has previously been made by any person for the
20 review of the same matter.
(4) When the application for review is made, the period within
which fortifications can be removed or modified in accordance
with the fortification removal notice is extended to the seventh
day after the day on which the application for review is finally
25 disposed of by the court.
(5) The court may decide whether or not the Commissioner of
Police could have reasonably had the belief required by
section 62(2) when issuing the notice.
(6) If the court decides that the Commissioner of Police could not
30 have reasonably had the belief required by section 62(2) when
issuing the notice, the notice ceases to have effect.
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(7) The decision of the court on an application for review under this
section is final but does not prevent the Commissioner of Police
from issuing a further notice under this Part relating to the same
premises.
5 67. Hindering removal or modification of fortifications
(1) A person who does anything intending to prevent, obstruct, or
delay, the removal or modification of fortifications in
accordance with a fortification removal notice commits a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
10 (2) Subsection (1) applies to the removal or modification of
fortifications by a person who --
(a) is, or is acting for or on the instructions of, the owner or
an interested person; or
(b) is acting under section 65(3).
15 68. Planning and other approval issues
(1) The powers given by this Part may be exercised without regard
to whether any statutory or other approval had been given for
the fortifications.
(2) No statutory or other approval is required for the removal or
20 modification of fortifications in accordance with a fortification
removal notice.
(3) Subsection (2) applies to the removal or modification of
fortifications by a person who --
(a) is, or is acting for or on the instructions of, the owner or
25 an interested person; or
(b) is acting under section 65(3).
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69. No compensation
(1) No claim for compensation lies against a person for having
approved any fortifications that are, or are required to be,
removed or modified because of a notice under this Part.
5 (2) No other claim for compensation arises because of the exercise
of powers under this Part.
70. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for damage to
property at the premises that the person causes, in good faith, in
10 the performance or purported performance of a function under
this Part.
(2) The Crown is also relieved of any liability that it might
otherwise have had for a person having caused damage as
described in subsection (1).
15 (3) The protection given by this section applies even though the
damage was caused in the course of doing something that would
have been capable of being done whether or not this Part had
been enacted.
71. Regulations
20 (1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made
25 affecting how a special commissioner may decide for the
purposes of section 19 that it would not be in the public interest
to postpone a person's examination to enable the person's legal
representative to be present.
(3) Regulations under this Act are made on the recommendation of
30 the Attorney General whether or not the Attorney General is the
page 41
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 7 Fortifications
s. 71
Minister to whom responsibility for the administration of this
Act has been allocated by the Governor.
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Other provisions Part 8
s. 72
Part 8 -- Other provisions
72. Freedom of Information Act 1992 amended
The Freedom of Information Act 1992 Schedule 2 is amended
by inserting after the item relating to a Royal Commission the
5 following item --
"
A special commissioner under the Criminal Investigation
(Exceptional Powers) and Fortification Removal
Act 2002.
10 ".
73. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 3 years after its commencement.
15 (2) The Minister is to prepare a report based on the review made
under subsection (1) and cause the report to be laid before each
House of Parliament within 4 years after the commencement of
this Act.
74. Parliamentary Supervisory Committee
20 (1) Despite anything contained in this Act a special commissioner
may report to a Standing Committee on any matter which has
come before the special commissioner and shall where the
special commissioner forms the view that to do so would assist
the Standing Committee in understanding the operation of this
25 Act.
(2) Nothing in this section requires a special commissioner to
provide detailed operational information in a report under
subsection (1).
(3) A report made by a special commissioner to a Standing
30 Committee is not to be disclosed or published, in whole or in
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Part 8 Other provisions
s. 74
part, without prior order of the Standing Committee in
accordance with the rules and orders of the House that govern
its proceedings.
(4) If either House orders, the public disclosure of facts disclosed in
5 a report is permitted whether by publication in any medium or
otherwise.
(5) In this section, the word "Standing Committee" means a
Standing Committee of either House or a Joint Standing
Committee of both Houses of Parliament appointed to monitor
10 or review the performance of the functions of special
commissioners and may be a committee appointed for a similar
purpose under the Anti-Corruption Commission Act 1988.
page 44
Criminal Investigation (Exceptional Powers) and Fortification Removal Bill
2001
Offences that may be relevant for this Act Schedule 1
Schedule 1 -- Offences that may be relevant for this Act
[s. 3]
1. An offence under any of the following enactments:
The Criminal Code
5 s. 145
s. 147
s. 278
s. 279
s. 283 (except if the circumstances of the attempted or intended killing
10 are such that, if it were carried out, the crime committed would
be infanticide)
s. 292
s. 293
s. 294
15 s. 296
s. 296A
s. 298
s. 332
s. 393 (except in circumstances in which the maximum penalty that can
20 be imposed is imprisonment for 14 years)
s. 398 (in circumstances in which the maximum penalty that can be
imposed is imprisonment for 20 years)
s. 451A(1)
s. 454
25 s. 557
s. 563A
Criminal Property Confiscation Act 2000
s. 50(1)
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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Schedule 1 Offences that may be relevant for this Act
2. An offence against regulations made under the Firearms Act 1973 s. 6(1)
that --
(a) is committed in respect of 2 or more firearms; or
(b) is committed in respect of a firearm and in association with
5 the commission, by the same or any other person, of an
offence against the Police Act 1892 s. 65(4aa).
3. An offence referred to in the Misuse of Drugs Act 1981 s. 32A(1)(b).
page 46
Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Commissioner of Police.................................................................................... 3
conveyance ................................................................................................50(6)
document ...............................................................................................3, 42(9)
fortification ................................................................................................57(1)
heavily fortified..........................................................................................57(1)
interested person ........................................................................................57(1)
medical practitioner....................................................................................51(7)
official matter.................................................................................. 15(9), 32(7)
organised crime................................................................................................ 3
owner.........................................................................................................57(1)
reasonable excuse.......................................................................................30(2)
registered nurse ..........................................................................................51(7)
Schedule 1 offence ........................................................................................... 3
section 4 offence .............................................................................................. 3
special commissioner ....................................................................................... 3
Standing Committee ...................................................................................74(5)
submission .................................................................................................57(1)
the defaulter ...............................................................................................23(1)
the submission period .................................................................. 57(1), 59(2)(b)
page 47
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