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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Crime Commission
Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the
Australian Crime
Commission Act 2002
, and for related purposes
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Crime Commission Act 2002
3
Parliamentary Joint Committee on Law Enforcement Act 2010
14
Telecommunications (Interception and Access) Act 1979
14
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
1
A Bill for an Act to amend the
Australian Crime
1
Commission Act 2002
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Crime Commission Amendment (Special
5
Operations and Special Investigations) Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
3
Schedule 1--Amendments
1
2
Australian Crime Commission Act 2002
3
1 Subsection 4(1) (definition of
ACC operation/investigation
)
4
Repeal the definition.
5
2 Subsection 4(1) (definition of
intelligence operation
)
6
Omit "the investigation of matters relating", substitute "undertaking
7
investigations relating".
8
3 Subsection 4(1) (paragraph (b) of the definition of
member
9
of the staff of the ACC
)
10
Omit "an ACC", substitute "a special ACC".
11
4 Subsection 4(1) (paragraph (b) of the definition of
official
12
matter
)
13
Omit "an ACC", substitute "a special ACC".
14
5 Subsection 4(1)
15
Insert:
16
special ACC investigation
means an investigation relating to
17
federally relevant criminal activity that the Board has authorised to
18
occur.
19
Note:
The Board authorises such an investigation by making a determination
20
under subsection 7C(3). A special ACC investigation can occur only
21
while the determination is in force (see subsection 7C(4F)).
22
special ACC operation
means an intelligence operation that the
23
Board has authorised to occur.
24
Note:
The Board authorises such an operation by making a determination
25
under subsection 7C(2). A special ACC operation can occur only
26
while the determination is in force (see subsection 7C(4E)).
27
6 Subsection 4(1) (definition of
special ACC
28
operation/investigation
)
29
Repeal the definition, substitute:
30
Schedule 1
Amendments
4
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
special ACC operation/investigation
means:
1
(a) a special ACC operation; or
2
(b) a special ACC investigation.
3
However, a
special ACC operation/investigation
does not include
4
an integrity operation.
5
7 Subsection 4(1A) (paragraph (b) of the example)
6
Before "ACC", insert "special".
7
8 Subsection 4(2)
8
Omit "an ACC", substitute "a special ACC".
9
9 Subparagraph 4A(2)(d)(i)
10
Omit "is investigating a matter relating to", substitute "is undertaking
11
an investigation relating to".
12
10 Subparagraph 4A(2)(d)(ii)
13
Omit "investigating, or were to investigate, a matter relating to",
14
substitute "undertaking, or were to undertake, an investigation relating
15
to".
16
11 Subsection 4A(6) (definition of
intelligence operation
)
17
Omit "the investigation of matters relating", substitute "undertaking
18
investigations relating".
19
12 Paragraphs 7A(b) and (c)
20
Repeal the paragraphs, substitute:
21
(b) when authorised by a determination made by the Board--to
22
undertake special ACC operations;
23
(c) when authorised by a determination made by the Board--to
24
undertake special ACC investigations;
25
13 Paragraphs 7C(1)(c) and (d)
26
Repeal the paragraphs, substitute:
27
(c) to authorise, by determination, a special ACC operation to
28
occur;
29
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
5
(d) to authorise, by determination, a special ACC investigation to
1
occur;
2
14 Subsection 7C(1) (note)
3
Omit "into matters".
4
15 Subsections 7C(2), (3) and (4)
5
Repeal the subsections, substitute:
6
Special ACC operations/investigations
7
(2) The Board may make a determination, in writing, authorising a
8
special ACC operation to occur.
9
Note 1:
See also subsection 7G(4) for the voting rule that applies in relation to
10
such a determination.
11
Note 2:
See also Division 2 for the examination powers available if a
12
determination is made.
13
(3) The Board may make a determination, in writing, authorising a
14
special ACC investigation to occur.
15
Note 1:
See also subsection 7G(4) for the voting rule that applies in relation to
16
such a determination.
17
Note 2:
See also Division 2 for the examination powers available if a
18
determination is made.
19
(4) A determination under subsection (2) or (3) may identify the
20
federally relevant criminal activity to which the determination
21
relates at whatever level of generality the Board considers
22
appropriate including (without limitation) by reference to:
23
(a) categories of relevant criminal activities; or
24
(b) categories of suspected offender; or
25
(c) specific allegations of crime; or
26
(d) specific offenders; or
27
(e) any combination of the above.
28
(4A) The only condition for the exercise of the power under
29
subsection (2) or (3) is that the Board considers, on the basis of the
30
collective experience of the Board members voting at the meeting
31
when a determination is made, that it is in the public interest that
32
Schedule 1
Amendments
6
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
the Board authorise the special ACC operation or special ACC
1
investigation to occur.
2
(4B) To avoid doubt, a determination under subsection (2) or (3) can be
3
made, and has effect, regardless of whether the ACC:
4
(a) is, at the time the determination is made, already
5
investigating any or all of the federally relevant criminal
6
activity to which the determination relates; or
7
(b) subsequently investigates any or all of the federally relevant
8
criminal activity to which the determination relates by any
9
means other than through the exercise by an examiner of the
10
powers under Division 2; or
11
(c) decides to investigate some part of the federally relevant
12
criminal activity to which the determination relates because
13
of a request for assistance by another law enforcement
14
agency.
15
(4C) A determination under subsection (2) or (3) must, to the extent that
16
the Board reasonably considers appropriate having regard to the
17
level of generality at which it has authorised a special ACC
18
investigation or special ACC operation to occur:
19
(a) describe the general nature of the circumstances or
20
allegations constituting the federally relevant criminal
21
activity to which the determination relates; and
22
(b) set out the purpose of the investigation or operation;
23
but, to avoid doubt, the determination is not required to specify:
24
(c) any particular offence or offences; or
25
(d) any particular conduct, transaction or person to which the
26
investigation or operation relates; or
27
(e) any timeframe within which:
28
(i) any federally relevant criminal activity may have
29
occurred; or
30
(ii) the investigation or operation must commence or be
31
completed.
32
(4D) The Board may, at any time, revoke a determination made under
33
subsection (2) or (3).
34
(4E) A special ACC operation can be undertaken only while a
35
determination under subsection (2) is in force.
36
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
7
(4F) A special ACC investigation can be undertaken only while a
1
determination under subsection (3) is in force.
2
(4G) A determination under subsection (2) or (3) is in force during the
3
period:
4
(a) beginning immediately after the determination is made; and
5
(b) ending at the earliest of the following:
6
(i) the end of the period of 3 years beginning immediately
7
after the determination is made;
8
(ii) the end of the day on which the determination is
9
revoked under subsection (4D);
10
(iii) if the determination is revoked under subsection 9(7)--
11
when the CEO is notified of the revocation.
12
(4H) Paragraph (4G)(b) does not prevent the making of another
13
determination under subsection (2) or (3) in the same terms as the
14
expired or revoked determination.
15
(4J) The validity of the determination is not affected by any failure to
16
comply with subsection (4C).
17
(4K) A determination made under subsection (2) or (3) is not a
18
legislative instrument.
19
16 Subsection 7C(6)
20
Repeal the subsection.
21
17 Subsection 7G(4)
22
Omit "determine that an intelligence operation is a special operation, or
23
that an investigation into matters relating to federally relevant criminal
24
activity is a special investigation,", substitute "make a determination
25
under subsection 7C(2) or (3)".
26
18 Subparagraph 7J(1)(b)(ii)
27
Omit "determine that an intelligence operation is a special operation, or
28
that an investigation into matters relating to federally relevant criminal
29
activity is a special investigation", substitute "make a determination
30
under subsection 7C(2) or (3)".
31
Schedule 1
Amendments
8
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
19 Subsection 7K(4)
1
Omit all the words after "the function of", substitute "making a
2
determination under subsection 7C(2) or (3)".
3
20 Subsection 9(8) (note)
4
Repeal the note.
5
21 Subsection 9(9)
6
Before "ACC", insert "special".
7
22 Subsections 12(1) and (1A)
8
Omit "an ACC", substitute "a special ACC".
9
23 Section 16
10
After "If", insert "a determination is made under".
11
24 Paragraphs 16(a) and (b)
12
Repeal the paragraphs, substitute:
13
(a) subsection 7C(2); or
14
(b) subsection 7C(3);
15
25 Paragraph 18(2)(a)
16
Before "ACC", insert "special".
17
26 Paragraph 19A(1)(b)
18
Omit "an ACC", substitute "a special ACC".
19
27 Subsection 19A(2)
20
Omit "an ACC", substitute "a special ACC".
21
28 Subsection 19A(8) (paragraph (c) of the definition of
22
relevant matters
)
23
Before "ACC", insert "special".
24
29 Paragraphs 20(1)(b) and (2)(b)
25
Omit "an ACC", substitute "a special ACC".
26
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
9
30 Paragraph 24ABA(1)(a)
1
After "purposes of the" insert "special".
2
31 Subsection 25A(6)
3
Before "ACC" (wherever occurring), insert "special".
4
32 Subsection 25A(6A)
5
Before "ACC", insert "special".
6
33 Subsection 28(2)
7
Omit all the words after "determination", substitute "made by the Board
8
under subsection 7C(2) or (3)".
9
34 Subsection 46A(2) (heading)
10
Repeal the heading, substitute:
11
Special ACC operations/investigations
12
35 Subsection 46A(2)
13
Before "ACC", insert "special".
14
36 Subsection 46A(2A)
15
Repeal the subsection, substitute:
16
(2A) As soon as practicable after the Board makes a determination under
17
subsection 7C(2) or (3), the CEO must determine, in writing, the
18
head of the special ACC operation or the special ACC
19
investigation.
20
37 Subsection 46A(3)
21
Omit "an ACC", substitute "a special ACC".
22
38 Paragraph 46A(4)(b)
23
After "nature of the", insert "special".
24
39 Paragraph 55A(2)(a)
25
Omit "investigating a matter", substitute "undertaking an investigation".
26
Schedule 1
Amendments
10
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
40 Subparagraph 55A(2)(b)(i)
1
Omit "of that matter".
2
41 Paragraph 55A(3)(a)
3
Omit "investigate a matter", substitute "undertake an investigation".
4
42 Paragraph 55A(4)(a)
5
Omit "the investigation of a matter", substitute "an investigation".
6
43 Subparagraph 55A(4)(b)(i)
7
Omit "of that matter".
8
44 Paragraph 55A(5A)(a)
9
Omit "the investigation of a matter", substitute "an investigation".
10
45 Paragraph 55A(5B)(a)
11
Omit "the investigation of a matter", substitute "an investigation".
12
46 Subparagraph 55A(5B)(b)(i)
13
Omit "of that matter".
14
47 Subsection 55A(9)
15
Omit "the investigation of a matter or matters", substitute "undertaking
16
investigations".
17
48 Paragraph 55B(1)(a)
18
Omit "investigating a matter", substitute "undertaking an investigation".
19
49 Paragraph 55C(1)(c)
20
Omit "of a matter".
21
50 Subsection 55C(2)
22
Omit "of a matter".
23
51 Paragraph 59(3)(a)
24
Omit "an ACC", substitute "a special ACC".
25
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
11
52 Paragraph 61(2)(a)
1
Repeal the paragraph, substitute:
2
(a) a description of any special ACC investigations undertaken
3
during the year;
4
53 Application provisions
5
(1)
Despite the amendment of paragraph (b) of the definition of
official
6
matter
in subsection 4(1) of the
Australian Crime Commission Act 2002
7
made by this Schedule, that paragraph continues to apply, after the
8
commencement of this item, in relation to notices issued under
9
section 21A and summonses issued under section 28 before that
10
commencement as if that amendment had not happened.
11
(2)
The amendments of sections 19A and 20 of the
Australian Crime
12
Commission Act 2002
made by this Schedule apply in relation to
13
requests and requirements made after the commencement of this item,
14
regardless of whether:
15
(a) the special ACC operation/investigation commenced before
16
or after that commencement; or
17
(b) the information, documents and things were acquired, or
18
came into existence, before or after that commencement.
19
54 Transitional provisions
20
(1)
If a determination (the
old determination
) of the Board under
21
subsection 7C(2) of the
Australian Crime Commission Act 2002
was in
22
effect immediately before the commencement of this item, the old
23
determination is taken, on and after that commencement, to be a
24
determination (the
new determination
) made by the Board under that
25
subsection, as amended by this Act.
26
(2)
If a determination (also the
old determination
) of the Board under
27
subsection 7C(3) of the
Australian Crime Commission Act 2002
was in
28
effect immediately before the commencement of this item, the old
29
determination is taken, on and after that commencement, to be a
30
determination (also the
new determination
) made by the Board under
31
that subsection, as amended by this Act.
32
(3)
For the purposes of paragraph 7C(4G)(a) and
33
subparagraph 7C(4G)(b)(i) of the
Australian Crime Commission Act
34
Schedule 1
Amendments
12
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
2002
, as inserted by this Schedule, the new determination is taken to
1
have been made when the old determination was made.
2
55 Validation of determinations
3
(1)
This item applies if, before the commencement of this item:
4
(a) the Board made, or purported to make, a determination under
5
subsection 7C(2) or (3) of the
Australian Crime Commission
6
Act 2002
, as in force immediately before the commencement
7
of this item; and
8
(b) the determination would, apart from this item, be invalid or
9
ineffective because it did not satisfy the requirements of that
10
Act.
11
(2)
The determination, and any other thing done in relation to the
12
determination, is as valid and effective, and is taken always to have
13
been as valid and effective, as it would have been had the determination
14
satisfied those requirements.
15
(3)
If, and to the extent that, this item would result in an acquisition of
16
property (within the meaning of paragraph 51(xxxi) of the Constitution)
17
from a person otherwise than on just terms (within the meaning of that
18
paragraph), the Commonwealth is liable to pay a reasonable amount of
19
compensation to the person.
20
(4)
If the Commonwealth and the person do not agree on the amount of the
21
compensation, the person may institute proceedings in the Federal Court
22
of Australia for the recovery from the Commonwealth of such
23
reasonable amount of compensation as the Court determines.
24
(5)
This item does not affect rights or liabilities arising between parties to
25
proceedings heard and finally determined by a court on or before the
26
commencement of this item, to the extent that those rights or liabilities
27
arose from, or were affected by, a determination referred to in
28
subitem (1).
29
(6)
In this item,
determination
includes purported determination.
30
56 Validation of the exercise of powers etc.
31
(1)
This item applies:
32
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
13
(a) in relation to a thing done by a person in connection with a
1
special ACC operation/investigation before the
2
commencement of this item:
3
(i) in the performance of any function; or
4
(ii) in the exercise of any power;
5
under a provision of the
Australian Crime Commission Act
6
2002
; and
7
(b) to the extent that the doing of the thing would, apart from this
8
item, be invalid or ineffective because no investigation or
9
intelligence operation was being undertaken at the time the
10
thing was done.
11
(2)
The thing done is as valid and effective, and is taken always to have
12
been as valid and effective, as it would have been if an investigation or
13
intelligence operation were being undertaken at the time the thing was
14
done.
15
(3)
If, and to the extent that, this item would result in an acquisition of
16
property (within the meaning of paragraph 51(xxxi) of the Constitution)
17
from a person otherwise than on just terms (within the meaning of that
18
paragraph), the Commonwealth is liable to pay a reasonable amount of
19
compensation to the person.
20
(4)
If the Commonwealth and the person do not agree on the amount of the
21
compensation, the person may institute proceedings in the Federal Court
22
of Australia for the recovery from the Commonwealth of such
23
reasonable amount of compensation as the Federal Court determines.
24
(5)
This item does not affect rights or liabilities arising between parties to
25
proceedings heard and finally determined by a court on or before the
26
commencement of this item, to the extent that those rights or liabilities
27
arose from, or were affected by, the doing of a thing referred to in
28
subitem (1).
29
(6)
In this item:
30
exercise of a power
includes a purported exercise of a power.
31
performance of a function
includes a purported performance of a
32
function.
33
Schedule 1
Amendments
14
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
No. , 2019
Parliamentary Joint Committee on Law Enforcement Act
1
2010
2
57 Section 3 (definition of
ACC operation/investigation
)
3
Repeal the definition.
4
58 Section 3 (subparagraph (c)(v) of the definition of
5
sensitive information
)
6
Omit "an ACC" (wherever occurring), substitute "a special ACC".
7
59 Section 3
8
Insert:
9
special ACC operation/investigation
has the same meaning as in
10
the ACC Act.
11
60 Paragraph 7(2)(b)
12
Omit "particular ACC operation/investigation (including an ACC",
13
substitute "particular special ACC operation/investigation (including a
14
special ACC".
15
61 Paragraph 8(1)(a)
16
Omit "an ACC" (wherever occurring), substitute "a special ACC".
17
62 Application of amendments
18
Despite the amendments of the
Parliamentary Joint Committee on Law
19
Enforcement Act 2010
made by this Schedule, that Act (as in force
20
immediately before the commencement of this item) continues to apply
21
on and after that commencement in relation to ACC
22
operations/investigations commenced before that commencement
23
(including concluded ACC operations/investigations) as if those
24
amendments had not happened.
25
Telecommunications (Interception and Access) Act 1979
26
63 Subsection 5(1) (definition of
ACC operation/investigation
)
27
Repeal the definition.
28
Amendments
Schedule 1
No. , 2019
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2019
15
64 Subsection 5(1) (subparagraph (aa)(i) of the definition of
1
permitted purpose
)
2
Omit "an ACC", substitute "a special ACC".
3
65 Subsection 5(1) (paragraph (a) of the definition of
4
prescribed investigation
)
5
Omit "an ACC", substitute "a special ACC".
6
66 Subsection 5(1)
7
Insert:
8
special ACC investigation
has the same meaning as in the ACC
9
Act.
10
special ACC operation/investigation
has the same meaning as in
11
the ACC Act.
12
67 Paragraph 5D(1)(f)
13
Omit "a special investigation", substitute "an ACC special
14
investigation".
15
68 Application of amendments
16
Despite the amendments of the
Telecommunications (Interception and
17
Access) Act 1979
made by this Schedule, that Act (as in force
18
immediately before the commencement of this item) continues to apply
19
on and after that commencement in relation to ACC
20
operations/investigations commenced before that commencement as if
21
those amendments had not happened.
22