Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) If in carrying out a special function the authority obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the authority must assemble the evidence and give it to—
(a) the Attorney-General of the Territory, the Commonwealth or the State, as the case requires; or
(b) the relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.
(2) If any evidence is obtained of an offence against a law of the Commonwealth or of a State or Territory, being evidence that—
(a) is obtained in the course of a special function; and
(b) would be admissible in a prosecution for the offence;
the authority must do its best to ensure that the evidence is assembled and given to—
(c) the Attorney-General of the Territory, the Commonwealth or the State, as the case requires; or
(d) the relevant law enforcement agency; or
(e) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.
(3) The authority shall, in exercising a special function, cooperate and consult with the Australian Bureau of Criminal Intelligence.
(4) If, as a result of the exercise of a special function, the authority considers that a recommendation should be made to the Minister, to the Commonwealth Minister or to the appropriate Minister of a participating State, being a recommendation for reform of—
(a) the law relating to relevant offences, including—
(i) evidence and procedure applicable to the trials of relevant offences; and
(ii) relevant offences in relation to, or involving, corporations; and
(iii) taxation, banking or financial frauds; and
(iv) reception by Australian courts of evidence obtained in foreign countries as to relevant offences; and
(v) maintenance and preservation of taxation, banking and financial records; or
(b) administrative practices; or
(c) administration of the courts in relation to trials of relevant offences;
the authority may make the recommendation to the Minister, to the Commonwealth Minister or to the Minister of that participating State, as the case may be.
(5) In relation to the exercise by the authority of a special function, nothing in this Act (other than section 16) shall be taken to give to—
(a) a member, or on a member of the staff of the authority (other than a member of the Australian Federal Police or a member of the police force of a State), a power to interview a person in relation to an offence that the person is suspected of having committed, except if the person has been served, as prescribed, with a summons to appear as a witness at a hearing before the authority and has not yet so appeared; or
(b) a member of the staff of the authority who is a member of the Australian Federal Police or the police force of a State a power to interview a person that the member of the staff of the authority does not have in his or her capacity as a member of the Australian Federal Police or of the police force of that State, as the case may be.
(6) Nothing in subsection (5) (a) shall be taken to affect a power of a member, or of a member of the staff of the authority, to interview a person otherwise than in relation to an offence that the person is suspected of having committed.
(7) If the authority has obtained particular information or intelligence in the course of exercising a special function, nothing in this Act prevents the authority from making use of the information or intelligence in the exercise of any of its other functions.