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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Crime Commission Establishment Bill 2002
No.
, 2002
(Justice and
Customs)
A Bill for an Act to establish the
Australian Crime Commission, and for other purposes
Contents
Part 1—Amendments 4
Part 2—Transitional
provisions 62
Part 1—Amendments 68
Archives Act
1983 68
Australian Security Intelligence Organisation Act
1979 68
Crimes Act
1914 68
Criminal Code Act
1995 71
Customs Act
1901 72
Customs Administration Act
1985 73
Financial Transaction Reports Act
1988 73
Human Rights and Equal Opportunity Commission Act
1986 77
National Crime Authority Legislation Amendment Act
2001 77
Ombudsman Act
1976 78
Privacy Act
1988 80
Proceeds of Crime Act
1987 81
Proceeds of Crime Act
2002 82
Radiocommunications Act
1992 83
Retirement Savings Accounts Act
1997 83
Royal Commissions Act
1902 83
Superannuation Industry (Supervision) Act
1993 84
Taxation Administration Act
1953 84
Telecommunications Act
1997 91
Telecommunications (Interception) Act
1979 91
Witness Protection Act
1994 96
Part 2—Transitional
provisions 97
Part 1—Amendments 98
Australian Crime Commission Act
2002 98
Part 2—Alternative
amendments 100
Australian Crime Commission Act
2002 100
Proceeds of Crime (Consequential Amendments and Transitional Provisions)
Act 2002 102
Telecommunications (Interception) Act
1979 102
A Bill for an Act to establish the Australian Crime
Commission, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Crime Commission Establishment
Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
1 January 2003 |
|
|
3. Schedule 2, items 1 to 115 |
1 January 2003 |
|
|
4. Schedule 2, items 116 and 117 |
The later of: |
|
|
5. Schedule 2, item 118 |
The later of: |
|
|
6. Schedule 2, items 119 to 226 |
1 January 2003 |
|
|
7. Schedule 3, items 1 to 6 |
Immediately after the commencement of Schedule 1 to this Act, subject
to subsection (3) |
|
|
8. Schedule 3, items 7 to 14 |
Immediately after the commencement of section 3 of the Proceeds of
Crime Act 2002, subject to subsection (4) |
|
|
9. Schedule 3, items 15 and 16 |
Immediately before the commencement of section 3 of the Proceeds of
Crime Act 2002, subject to subsection (4) |
|
|
10. Schedule 3, item 17 |
Immediately after the commencement of section 3 of the Proceeds of
Crime Act 2002, subject to subsection (4) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If section 3 of the Proceeds of Crime Act 2002 commences
on or after 1 January 2003, the provisions covered by item 7 of the
table do not commence at all.
(4) If section 3 of the Proceeds of Crime Act 2002 commences
before 1 January 2003, the provisions covered by items 8, 9 and 10 of
the table do not commence at all.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Title
Omit “a National Crime Authority”, substitute
“the Australian Crime Commission, and for related
purposes”.
2 Section 1
Omit “National Crime Authority Act 1984”, substitute
“Australian Crime Commission Act 2002”.
3 Subsection 4(1)
Insert:
ACC means the Australian Crime Commission established by
section 7.
4 Subsection 4(1)
Insert:
ACC operation/investigation means:
(a) an intelligence operation that the ACC is undertaking; or
(b) an investigation into matters relating to federally relevant criminal
activity that the ACC is conducting.
5 Subsection 4(1) (definition of
Authority)
Repeal the definition.
6 Subsection 4(1)
Insert:
Board means the Board of the ACC.
7 Subsection 4(1)
Insert:
CEO means the Chief Executive Officer of the ACC.
8 Subsection 4(1) (definition of
Chair)
Repeal the definition.
9 Subsection 4(1)
Insert:
eligible Commonwealth Board member means the following
members of the Board:
(a) the Commissioner of the Australian Federal Police;
(b) the Secretary of the Department;
(c) the Chief Executive Officer of the Australian Customs
Service;
(d) the Chairperson of the Australian Securities and Investments
Commission;
(e) the Director-General of Security holding office under the
Australian Security Intelligence Organisation Act 1979.
10 Subsection 4(1) (paragraph (a) of the
definition of eligible person)
Repeal the paragraph, substitute:
(a) an examiner; or
11 Subsection 4(1) (paragraph (b) of the
definition of eligible person)
Omit “Authority”, substitute “ACC”.
12 Subsection 4(1)
Insert:
examiner means a person appointed under subsection
46B(1).
13 Subsection 4(1) (paragraphs (a) and (b)
of the definition of federally relevant criminal
activity)
Omit “relevant offence”, substitute “serious and
organised crime”.
14 Subsection 4(1) (definition of hearing
officer)
Repeal the definition.
15 Subsection 4(1)
Insert:
intelligence operation means the collection, correlation,
analysis or dissemination of criminal information and intelligence relating to
federally relevant criminal activity.
16 Subsection 4(1) (definition of
Judge)
Repeal the definition.
17 Subsection 4(1) (definition of
member)
Repeal the definition.
18 Subsection 4(1)
Insert:
member of the staff of the ACC means:
(a) a member of the staff referred to in subsection 47(1); or
(b) a person participating in an ACC operation/investigation; or
(c) a member of a task force established by the Board under paragraph
7C(1)(f); or
(d) a person engaged under subsection 48(1); or
(e) a person referred to in section 49 whose services are made
available to the ACC; or
(f) a legal practitioner appointed under section 50 to assist the ACC
as counsel.
19 Subsection 4(1) (definition of member of
the staff of the Authority)
Repeal the definition.
20 Subsection 4(1) (definition of original
reference)
Repeal the definition.
21 Subsection 4(1) (definition of prescribed
investigation)
Repeal the definition.
22 Subsection 4(1) (definition of related
reference)
Repeal the definition.
23 Subsection 4(1) (definition of relevant
criminal activity)
Omit “a relevant offence”, substitute “a serious and
organised crime”.
24 Subsection 4(1) (definition of relevant
offence)
Repeal the definition.
25 Subsection 4(1)
Insert:
serious and organised crime means an offence:
(a) that involves 2 or more offenders and substantial planning and
organisation; and
(b) that involves, or is of a kind that ordinarily involves, the use of
sophisticated methods and techniques; and
(c) that is committed, or is of a kind that is ordinarily committed, in
conjunction with other offences of a like kind; and
(d) that is of a kind prescribed by the regulations or involves any of the
following:
(i) theft;
(ii) fraud;
(iii) tax evasion;
(iv) money laundering;
(v) currency violations;
(vi) illegal drug dealings;
(vii) illegal gambling;
(viii) obtaining financial benefit by vice engaged in by others;
(ix) extortion;
(x) violence;
(xi) bribery or corruption of, or by, an officer of the Commonwealth, an
officer of a State or an officer of a Territory;
(xii) perverting the course of justice;
(xiii) bankruptcy and company violations;
(xiv) harbouring of criminals;
(xv) forging of passports;
(xvi) firearms;
(xvii) armament dealings;
(xviii) illegal importation or exportation of fauna into or out of
Australia;
(xix) cybercrime;
(xx) matters of the same general nature as one or more of the matters
listed above;
but:
(e) does not include an offence committed in the course of a genuine
dispute as to matters pertaining to the relations of employees and employers by
a party to the dispute, unless the offence is committed in connection with, or
as part of, a course of activity involving the commission of a serious and
organised crime other than an offence so committed; and
(f) does not include an offence the time for the commencement of a
prosecution for which has expired; and
(g) does not include an offence that is not punishable by imprisonment or
is punishable by imprisonment for a period of less than 3 years.
Note: See also subsection (2) (which expands the
meaning of serious and organised crime in certain
circumstances).
26 Subsection 4(1)
Insert:
special ACC operation/investigation means:
(a) an intelligence operation that the ACC is undertaking and that the
Board has determined to be a special operation; or
(b) an investigation into matters relating to federally relevant criminal
activity that the ACC is conducting and that the Board has determined to be a
special investigation.
27 Subsection 4(1) (definition of special
investigation)
Repeal the definition.
28 Subsection 4(1) (definition of Task
Force)
Repeal the definition.
29 Subsection 4(2)
Repeal the subsection, substitute:
(2) If the head of an ACC operation/investigation suspects that an offence
(the incidental offence) that is not a serious and organised crime
may be directly or indirectly connected with, or may be a part of, a course of
activity involving the commission of a serious and organised crime (whether or
not the head has identified the nature of that serious and organised crime),
then the incidental offence is, for so long only as the head so suspects, taken,
for the purposes of this Act, to be a serious and organised crime.
30 Paragraph 4A(1)(b)
Repeal the paragraph, substitute:
(b) either:
(i) the ACC investigating them is incidental to the ACC investigating an
offence against a law of the Commonwealth or a Territory; or
(ii) the ACC undertaking an intelligence operation relating to them is
incidental to the ACC undertaking an intelligence operation relating to an
offence against a law of the Commonwealth or a Territory.
31 Paragraph 4A(2)(d)
Repeal the paragraph, substitute:
(d) both:
(i) the ACC is investigating a matter relating to a relevant criminal
activity that relates to an offence against a law of the Commonwealth or a
Territory; and
(ii) if the ACC is investigating, or were to investigate, a matter
relating to a relevant criminal activity that relates to the State
offence—that investigation is, or would be, incidental to the
investigation mentioned in subparagraph (i); or
(e) both:
(i) the ACC is undertaking an intelligence operation relating to an
offence against a law of the Commonwealth or a Territory; and
(ii) if the ACC is undertaking, or were to undertake, an intelligence
operation relating to the State offence—that operation is, or would be,
incidental to the operation mentioned in subparagraph (i).
32 Subsection 4A(6)
Insert:
intelligence operation means the collection, correlation,
analysis or dissemination of criminal information and intelligence relating to a
relevant criminal activity.
33 Part II (heading)
Repeal the heading, substitute:
34 Division 1 of Part II
(heading)
Repeal the heading, substitute:
35 Section 7
Repeal the section, substitute:
(1) The Australian Crime Commission is established by this
section.
(2) The ACC consists of:
(a) the CEO; and
(b) the examiners; and
(c) the members of the staff of the ACC.
The ACC has the following functions:
(a) to collect, correlate, analyse and disseminate criminal information
and intelligence and to maintain a national database of that information and
intelligence;
(b) to undertake, when authorised by the Board, intelligence
operations;
(c) to investigate, when authorised by the Board, matters relating to
federally relevant criminal activity;
(d) to provide reports to the Board on the outcomes of those operations or
investigations;
(e) to provide strategic criminal intelligence assessments, and any other
criminal information and intelligence, to the Board;
(f) to provide advice to the Board on national criminal intelligence
priorities;
(g) such other functions as are conferred on the ACC by other provisions
of this Act or by any other Act.
(1) The Board of the ACC is established by this section.
Board members
(2) The Board consists of the following members:
(a) the Commissioner of the Australian Federal Police;
(b) the Secretary of the Department;
(c) the Chief Executive Officer of the Australian Customs
Service;
(d) the Chairperson of the Australian Securities and Investments
Commission;
(e) the Director-General of Security holding office under the
Australian Security Intelligence Organisation Act 1979;
(f) the Commissioner or head (however described) of the police force of
each State and of the Northern Territory;
(g) the Chief Police Officer of the Australian Capital
Territory;
(h) the CEO.
Chair
(3) The Commissioner of the Australian Federal Police is the Chair of the
Board.
(1) The Board has the following functions:
(a) to determine national criminal intelligence priorities;
(b) to provide strategic direction to the ACC and to determine the
priorities of the ACC;
(c) to authorise, in writing, the ACC to undertake intelligence operations
or to investigate matters relating to federally relevant criminal
activity;
(d) to determine, in writing, whether such an operation is a special
operation or whether such an investigation is a special investigation;
(e) to determine, in writing, the head of such an operation or
investigation and the class or classes of persons to participate in such an
operation or investigation;
(f) to establish task forces;
(g) to disseminate to law enforcement agencies or foreign law enforcement
agencies, or to any other agency or body of the Commonwealth, a State or a
Territory prescribed by the regulations, strategic criminal intelligence
assessments provided to the Board by the ACC;
(h) to report to the Inter-Governmental Committee on the ACC’s
performance;
(i) such other functions as are conferred on the Board by other provisions
of this Act.
Special operations
(2) The Board may determine, in writing, that an intelligence operation is
a special operation. Before doing so, it must consider whether methods of
collecting the criminal information and intelligence that do not involve the use
of powers in this Act have been effective.
Note 1: See also subsection 7G(4) for the voting rule that
applies in relation to such a determination.
Note 2: See also Division 2 for the examination powers
available if there is a special operation.
Special investigations
(3) The Board may determine, in writing, that an investigation into
matters relating to federally relevant criminal activity is a special
investigation. Before doing so, it must consider whether ordinary police methods
of investigation into the matters are likely to be effective.
Note 1: See also subsection 7G(4) for the voting rule that
applies in relation to such a determination.
Note 2: See also Division 2 for the examination powers
available if there is a special investigation.
Further details
(4) A determination under subsection (2) or (3) must:
(a) describe the general nature of the circumstances or allegations
constituting the federally relevant criminal activity; and
(b) state that the serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences against a law of the
Commonwealth, a law of a Territory or a law of a State but need not specify the
particular offence or offences; and
(c) set out the purpose of the operation or investigation.
(1) The Chair of the Board may convene meetings of the Board.
(2) The Chair, in exercising his or her power to convene meetings, must
ensure that meetings of the Board are scheduled to meet the following
requirements:
(a) the first meeting of the Board must be within 1 month after the
commencement of this section;
(b) there must be a minimum of 2 meetings each calendar year;
(c) the Board must meet in accordance with the schedule of Board meetings
determined by the Board under this section.
(3) The Board, at its first meeting, must determine, in writing, a
schedule of Board meetings.
A meeting of the Board must be presided over by:
(a) if the Chair of the Board is present—the Chair; or
(b) otherwise—another eligible Commonwealth Board member who is
present and who is nominated, in writing, by the Chair to preside.
At a meeting of the Board a quorum is constituted by 7 Board members (not
including the CEO).
(1) Subject to this section, a question arising at a meeting of the Board
is to be determined by a majority of the votes of Board members
present.
Person presiding has a casting vote
(2) The person presiding at a meeting has:
(a) a deliberative vote; and
(b) if necessary, also a casting vote.
CEO is not a voting member
(3) The CEO is not entitled to vote on any question arising at a meeting
of the Board.
Voting for special ACC operations/investigations
(4) The Board cannot determine that an intelligence operation is a special
operation, or that an investigation into matters relating to federally relevant
criminal activity is a special investigation, unless at least 9 Board members
(including at least 2 eligible Commonwealth Board members) vote in favour of
making the determination.
(1) The Board may regulate proceedings at its meetings as it considers
appropriate.
Note: Section 33B of the Acts Interpretation Act
1901 provides for people to participate in meetings by various means of
communication (e.g. telephone).
(2) The Board must ensure that minutes of its meetings are kept.
(1) This section applies to a resolution:
(a) which, without being considered at a meeting of the Board, is referred
to all members of the Board; and
(b) of which:
(i) if subparagraph (ii) does not apply—a majority of those
members (not including the CEO); or
(ii) if the resolution is that the Board determine that an intelligence
operation is a special operation, or that an investigation into matters relating
to federally relevant criminal activity is a special investigation—at
least 9 Board members (not including the CEO but including at least 2 eligible
Commonwealth Board members);
indicate by telephone or other mode of communication to the Chair of the
Board that they are in favour.
(2) The resolution is as valid and effectual as if it had been passed at a
meeting of the Board duly convened and held.
(1) The Board may, with the unanimous agreement of all the members of the
Board (not including the CEO), establish a committee or committees to assist in
carrying out the functions of the Board.
(2) The Board may dissolve a committee at any time.
Functions
(3) The functions of a committee are as determined by the unanimous
agreement of all the members of the Board (not including the CEO).
(4) However, the Board may determine that a committee has the function of
determining whether an intelligence operation is a special operation, or an
investigation into matters relating to federally relevant criminal activity is a
special investigation, only if the committee includes at least 2 eligible
Commonwealth Board members.
(5) In performing its functions, a committee must comply with any
directions given to the committee by the Board.
Voting
(6) Subject to this section, a question arising at a meeting of a
committee is to be determined by a majority of the votes of committee members
present.
(7) The CEO is not entitled to vote on any question arising at a meeting
of a committee of which he or she is a member.
(8) A committee cannot determine that an intelligence operation is a
special operation, or that an investigation into matters relating to federally
relevant criminal activity is a special investigation, unless all members of the
committee (other than the CEO if he or she is a member of the committee) vote in
favour of making the determination.
Conduct of committee meetings
(9) A committee may regulate proceedings at its meetings as it considers
appropriate.
(10) A committee must ensure that minutes of its meetings are
kept.
36 Before section 8
Insert:
37 Subsection 8(9)
Omit “The Chair and the other members of the Authority”,
substitute “Any member of the Board”.
38 Section 9
Repeal the section, substitute:
The Committee has the following functions:
(a) to monitor generally the work of the ACC and the Board;
(b) to oversee the strategic direction of the ACC and the Board;
(c) to receive reports from the Board for transmission to the Governments
represented on the Committee and to transmit those reports
accordingly;
(d) such other functions as are conferred on the Committee by other
provisions of this Act.
39 Section 10
Repeal the section.
40 Section 11
Repeal the section.
41 Before section 12
Insert:
42 Subsection 12(1)
Omit “Where, in carrying out an investigation in relation to a
federally relevant criminal activity under paragraph 11(1)(b) or subsection
11(2), the Authority”, substitute “Where the ACC, in carrying out an
ACC operation/investigation,”.
43 Subsection 12(1)
Omit “the Authority must”, substitute “the CEO
must”.
44 At the end of subsection
12(1)
Add:
Note: The CEO may also disseminate information in certain
circumstances to law enforcement agencies and other bodies: see
section 59.
45 Subsection 12(1A)
Repeal the subsection.
46 Subsection 12(2)
Repeal the subsection.
47 Subsection 12(3)
Omit “its functions, the Authority”, substitute “the
ACC’s functions, the Board”.
48 Subsection 12(3)
Omit “Authority may”, substitute “Board
may”.
49 Subsection 12(6)
Omit “Authority” (wherever occurring), substitute
“ACC”.
50 Section 13
Repeal the section.
51 Section 14
Repeal the section.
52 Paragraph 15(a)
Omit “a member or members”, substitute “an examiner or
examiners”.
Note: The heading to section 15 is altered by omitting
“Members” and substituting
“Examiners”.
53 Paragraph 15(b)
Omit “member or members”, substitute “examiner or
examiners”.
54 Paragraph 15(b)
Omit “Authority”, substitute “ACC”.
55 Section 15
Omit “member or members referred to” (first occurring),
substitute “examiner or examiners referred to”.
56 Section 15
Omit “Authority of its functions or powers under this Act, and the
members of the staff of the Authority may be employed by the Authority in
assisting the member or members”, substitute “ACC of its functions
or powers under this Act, and the members of the staff of the ACC may be made
available by the CEO in assisting the examiner or examiners”.
57 Section 16
Repeal the section, substitute:
If:
(a) an intelligence operation is determined by the Board to be a special
operation; or
(b) an investigation into matters relating to federally relevant criminal
activity is determined by the Board to be a special investigation;
then, except in a proceeding instituted by the Attorney-General of the
Commonwealth or the Attorney-General of a State, any act or thing done by the
ACC because of that determination must not be challenged, reviewed, quashed or
called in question in any court on the ground that the determination was not
lawfully made.
58 Section 17
Repeal the section.
59 Subsection 18(1)
Omit “Subject to subsections (2) and (3), the”, substitute
“The”.
Note: The heading to section 18 is altered by omitting
“Authority” and substituting
“Board”.
60 Subsection 18(1)
Omit “Authority” (wherever occurring), substitute
“Board”.
61 Subsections 18(2) and
(3)
Repeal the subsections, substitute:
(2) However, the Minister must not, without the approval of a resolution
passed at a meeting of the Inter-Governmental Committee, being a resolution as
to which all the members of the Committee present at the meeting have voted in
favour, give any directions or furnish any guidelines to the Board under
subsection (1) with respect to particular ACC
operations/investigations.
62 Subsection 18(4)
Omit “Authority”, substitute “Board”.
63 Section 19
Omit “Authority has”, substitute “ACC
has”.
Note: The heading to section 19 is altered by omitting
“Authority” and substituting
“ACC”.
64 Section 19
Omit “general functions or of its special”.
65 Section 19
Omit “Authority by”, substitute “ACC by”.
66 Subsection 19A(1)
Omit “A member”, substitute “An
examiner”.
Note: The heading to section 19A is altered by omitting
“Authority” and substituting
“Examiner”.
67 Subsection 19A(1)
Omit “Authority”, substitute “examiner”.
68 Paragraph 19A(1)(b)
Repeal the paragraph, substitute:
(b) is relevant to an ACC operation/investigation.
69 Subsection 19A(2)
Omit “A member”, substitute “An
examiner”.
70 Subsection 19A(2)
Omit “Authority”, substitute “examiner”.
71 Subsection 19A(2)
Omit “a prescribed investigation in relation to a federally relevant
criminal activity”, substitute “an ACC
operation/investigation”.
72 Paragraph 19A(6)(b)
Omit “Authority”, substitute “examiner”.
73 Subsection 19A(8) (definition of
prescribed agency)
Omit “Human Rights Commission”, substitute “Human Rights
and Equal Opportunity Commission”.
74 Subsection 19A(8) (paragraph (c) of the
definition of relevant matters)
Omit “prescribed investigation”, substitute “ACC
operation/investigation”.
75 Subsection 19A(8) (paragraph (c) of the
definition of relevant request)
Omit “Authority”, substitute “examiner”.
76 Section 19A
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
77 Subsection 20(1)
Omit “A member”, substitute “An
examiner”.
Note: The heading to section 20 is altered by omitting
“Authority” and substituting
“Examiner”.
78 Subsection 20(1)
Omit “Authority”, substitute “examiner”.
79 Paragraph 20(1)(b)
Repeal the paragraph, substitute:
(b) is relevant to an ACC operation/investigation.
80 Subsection 20(2)
Omit “A member”, substitute “An
examiner”.
81 Paragraph 20(2)(a)
Omit “a member of the Authority or a member of the staff of the
Authority”, substitute “the examiner or a member of the staff of the
ACC”.
82 Paragraph 20(2)(b)
Omit “a prescribed investigation in relation to a federally relevant
criminal activity”, substitute “an ACC
operation/investigation”.
83 Section 20
(penalty)
Omit “$1,000”, substitute “10 penalty
units”.
84 Subsection 21(1)
Omit “Authority”, substitute “Board”.
Note: The heading to section 21 is altered by omitting
“Authority” and substituting
“Board”.
85 Subsection 21(2)
Omit “Authority” (first occurring), substitute
“Board”.
86 Subsection 21(2)
Omit “Authority” (second occurring), substitute
“CEO”.
87 Paragraph 22(1)(a)
Omit “a matter relating to a federally relevant criminal activity,
being a matter into which the Authority is conducting a special
investigation”, substitute “a special ACC
operation/investigation”.
88 Paragraph 22(2)(c)
Omit “the Authority”, substitute “any person
participating in the special ACC operation/investigation”.
89 Paragraph 22(5)(a)
Omit “matter relating to a federally relevant criminal activity into
which the Authority is conducting a special investigation”, substitute
“special ACC operation/investigation”.
90 Paragraph 22(8)(a)
Omit “Authority” (wherever occurring), substitute “head
of the special ACC operation/investigation”.
91 Paragraph 22(8)(a)
Omit “a special investigation”, substitute “the special
ACC operation/investigation”.
92 Paragraph 22(8)(b)
Omit “Authority” (first occurring), substitute “head of
the special ACC operation/investigation”.
93 Paragraph 22(8)(b)
Omit “an eligible person”, substitute “a person
participating in the special ACC operation/investigation”.
94 Subparagraph
22(8)(b)(ii)
Omit “eligible person”, substitute “person participating
in the special ACC operation/investigation”.
95 Paragraph 22(8)(b)
Omit “Authority” (second occurring), substitute
“CEO”.
96 Subsection 22(9)
Omit “An eligible person”, substitute “A person
participating in the special ACC operation/investigation”.
97 Subsection 22(9)
Omit “the eligible person”, substitute “the person
participating in the special ACC operation/investigation”.
98 Subsection 22(13)
Omit “a matter relating to a relevant criminal activity, being a
matter into which the Authority is conducting a special investigation”,
substitute “a special ACC operation/investigation”.
99 Subsection 22(13)
Omit “the relevant criminal activity”, substitute “the
special ACC operation/investigation”.
100 At the end of subsection
22(14)
Add “The issuing officer need not accept the function
conferred.”.
101 Paragraph 23(3)(d)
Omit “Authority”, substitute “CEO”.
102 Subsection 23(4)
Omit “Authority”, substitute “ACC”.
103 Subsection 24(1)
Omit “a member”, substitute “an
examiner”.
Note: The heading to section 24 is altered by omitting
“Authority” and substituting
“examiner”.
104 Paragraph 24(1)(a)
Omit “an investigation that is being conducted by the Authority into
a matter that was referred to the Authority (being a matter relating to a
federally relevant criminal activity)”, substitute “a special ACC
operation/investigation”.
105 Paragraph 24(1)(a)
Omit “the Authority or a hearing officer at a hearing (whether or not
the summons has been served), or a person has appeared before the Authority or a
hearing officer at a hearing”, substitute “an examiner at an
examination (whether or not the summons has been served), or a person has
appeared before an examiner at an examination”.
106 Paragraph 24(1)(b)
Omit “Authority or the hearing officer” (wherever occurring),
substitute “examiner”.
107 Paragraph 24(1)(b)
Omit “matter in respect of which the Authority is conducting the
investigation and could be of particular significance to the
investigation”, substitute “special ACC operation/investigation and
could be of particular significance to the special ACC
operation/investigation”.
108 Subsection 24(1)
Omit “passport to the Authority”, substitute “passport to
the examiner”.
109 Paragraph 24(2)(d)
Omit “Authority”, substitute “examiner”.
110 Subsection 24(2)
(penalty)
Omit “$5,000”, substitute “50 penalty
units”.
111 Paragraph 24(3)(a)
Omit “Authority”, substitute “examiner”.
112 Paragraph 24(3)(b)
Omit “Authority”, substitute “examiner”.
113 Subsection 24(4)
Omit “a member”, substitute “the
examiner”.
114 Subsection 24(4)
Omit “Authority” (wherever occurring), substitute
“examiner”.
115 Subsection 24(5)
Omit “Authority”, substitute “examiner”.
116 Subsection 24(5)
Omit “a member”, substitute “the
examiner”.
117 Division 2 of Part II
(heading)
Repeal the heading, substitute:
118 Section 24A
Repeal the section, substitute:
An examiner may conduct an examination for the purposes of a special ACC
operation/investigation.
119 Section 25
Repeal the section.
120 Section 25A
Repeal the section, substitute:
Conduct of proceedings
(1) An examiner may regulate the conduct of proceedings at an examination
as he or she thinks fit.
Representation at examination
(2) At an examination before an examiner:
(a) a person giving evidence may be represented by a legal practitioner;
and
(b) if, by reason of the existence of special circumstances, the examiner
consents to a person who is not giving evidence being represented by a legal
practitioner—the person may be so represented.
Persons present at examination
(3) An examination before an examiner must be held in private and the
examiner may give directions as to the persons who may be present during the
examination or a part of the examination.
(4) Nothing in a direction given by the examiner under subsection (3)
prevents the presence, when evidence is being taken at an examination before the
examiner, of:
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with subsection (2), a
person who, by reason of a direction given by the examiner under
subsection (3), is entitled to be present.
(5) If an examination before an examiner is being held, a person (other
than a member of the staff of the ACC approved by the examiner) must not be
present at the examination unless the person is entitled to be present by reason
of a direction given by the examiner under subsection (3) or by reason of
subsection (4).
Witnesses
(6) At an examination before an examiner:
(a) counsel assisting the examiner generally or in relation to the matter
to which the ACC operation/investigation relates; or
(b) any person authorised by the examiner to appear before the examiner at
the examination; or
(c) any legal practitioner representing a person at the examination in
accordance with subsection (2);
may, so far as the examiner thinks appropriate, examine or cross-examine
any witness on any matter that the examiner considers relevant to the ACC
operation/investigation.
(7) If a person (other than a member of the staff of the ACC) is present
at an examination before an examiner while another person (the
witness) is giving evidence at the examination, the examiner
must:
(a) inform the witness that the person is present; and
(b) give the witness an opportunity to comment on the presence of the
person.
(8) To avoid doubt, a person does not cease to be entitled to be present
at an examination before an examiner or part of such an examination
if:
(a) the examiner fails to comply with subsection (7); or
(b) a witness comments adversely on the presence of the person under
paragraph (7)(b).
Confidentiality
(9) An examiner may direct that:
(a) any evidence given before the examiner; or
(b) the contents of any document, or a description of any thing, produced
to the examiner; or
(c) any information that might enable a person who has given evidence
before the examiner to be identified; or
(d) the fact that any person has given or may be about to give evidence at
an examination;
must not be published, or must not be published except in such manner, and
to such persons, as the examiner specifies. The examiner must give such a
direction if the failure to do so might prejudice the safety or reputation of a
person or prejudice the fair trial of a person who has been, or may be, charged
with an offence.
(10) Subject to subsection (11), the CEO may, in writing, vary or
revoke a direction under subsection (9).
(11) The CEO must not vary or revoke a direction if to do so might
prejudice the safety or reputation of a person or prejudice the fair trial of a
person who has been or may be charged with an offence.
Courts
(12) If:
(a) a person has been charged with an offence before a federal court or
before a court of a State or Territory; and
(b) the court considers that it may be desirable in the interests of
justice that particular evidence given before an examiner, being evidence in
relation to which the examiner has given a direction under subsection (9),
be made available to the person or to a legal practitioner representing the
person;
the court may give to the examiner or to the CEO a certificate to that
effect and, if the court does so, the examiner or the CEO, as the case may be,
must make the evidence available to the court.
(13) If:
(a) the examiner or the CEO makes evidence available to a court in
accordance with subsection (12); and
(b) the court, after examining the evidence, is satisfied that the
interests of justice so require;
the court may make the evidence available to the person charged with the
offence concerned or to a legal practitioner representing the person.
Offence
(14) A person who:
(a) is present at an examination in contravention of subsection (5);
or
(b) makes a publication in contravention of a direction given under
subsection (9);
is guilty of an offence punishable, upon summary conviction, by a fine not
exceeding 20 penalty units or imprisonment for a period not exceeding 12
months.
End of examination
(15) At the conclusion of an examination held by an examiner, the examiner
must give the head of the special ACC operation/investigation:
(a) a record of the proceedings of the examination; and
(b) any documents or other things given to the examiner at, or in
connection with, the examination.
121 Subsection 26(1)
Omit “the Authority or a hearing officer”, substitute “an
examiner”.
122 Subsection 26(1)
Omit “Chair”, substitute “CEO”.
123 Subsection 26(2)
Omit “Chair” (wherever occurring), substitute
“CEO”.
124 Subsection 27(1)
Omit “the Authority or a hearing officer”, substitute “an
examiner”.
125 Subsection 27(3)
Omit “the Authority or the hearing officer”, substitute
“the examiner”.
126 Subsection 28(1)
Omit “A member”, substitute “An
examiner”.
127 Subsection 28(1)
Omit “the Authority or a hearing officer at a hearing”,
substitute “the examiner at an examination”.
128 Subsection 28(2)
Repeal the subsection, substitute:
(2) A summons under subsection (1) requiring a person to appear
before an examiner at an examination must be accompanied by a copy of the
determination of the Board that the intelligence operation is a special
operation or that the investigation into matters relating to federally relevant
criminal activity is a special investigation.
129 Subsection 28(3)
Omit “the Authority or a hearing officer at a hearing”,
substitute “an examiner at an examination”.
130 Subsection 28(3)
Omit “the member”, substitute “the
examiner”.
131 Subsection 28(3)
Omit “a special investigation to which the hearing”, substitute
“the special ACC operation/investigation to which the
examination”.
132 Subsection 28(3)
Omit “the special investigation”, substitute “the special
ACC operation/investigation”.
133 Subsection 28(3)
Omit “the Authority or the hearing officer” (wherever
occurring), substitute “the examiner”.
134 Subsection 28(3)
Omit “relates to a special investigation”, substitute
“relates to a special ACC operation/investigation”.
135 Subsection 28(4)
Repeal the subsection, substitute:
(4) The examiner who is holding an examination may require a person
appearing at the examination to produce a document or other thing.
136 Subsection 28(5)
Repeal the subsection, substitute:
(5) An examiner may, at an examination, take evidence on oath or
affirmation and for that purpose:
(a) the examiner may require a person appearing at the examination to give
evidence either to take an oath or to make an affirmation in a form approved by
the examiner; and
(b) the examiner, or a person who is an authorised person in relation to
the ACC, may administer an oath or affirmation to a person so appearing at the
examination.
137 Subsection 28(6)
Repeal the subsection, substitute:
(6) In this section, a reference to a person who is an authorised person
in relation to the ACC is a reference to a person authorised in writing, or a
person included in a class of persons authorised in writing, for the purposes of
this section by the CEO.
138 Subsection 28(7)
Omit “a special investigation”, substitute “a special ACC
operation/investigation”.
139 Subsection 29(1)
Omit “A member”, substitute “An
examiner”.
140 Paragraph 29(1)(a)
Repeal the paragraph, substitute:
(a) to attend, at a time and place specified in the notice, before a
person specified in the notice, being the examiner or a member of the staff of
the ACC; and
141 Paragraph 29(1)(b)
Omit “a special investigation”, substitute “a special ACC
operation/investigation”.
142 Subsection 29(2)
Repeal the subsection, substitute:
(2) A notice may be issued under this section in relation to a special ACC
operation/investigation, whether or not an examination before an examiner is
being held for the purposes of the operation or investigation.
143 Subsection 29(3A)
Omit “$20,000”, substitute “200 penalty
units”.
144 Subsection 29(3C)
Omit “$2,000”, substitute “20 penalty
units”.
145 Subsection 29(4)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
146 Subsection 29A(1)
Omit “member”, substitute “examiner”.
147 Paragraph 29A(2)(a)
Omit “member”, substitute “examiner”.
148 Subparagraph
29A(2)(a)(iii)
Omit “an investigation”, substitute “an operation or
investigation”.
149 Paragraph 29A(2)(b)
Omit “member”, substitute “examiner”.
150 Subparagraph
29A(2)(b)(iii)
Omit “an investigation”, substitute “an operation or
investigation”.
151 Paragraph 29A(2)(c)
Omit “member”, substitute “examiner”.
152 Subsection 29A(4)
Omit “Authority has concluded the investigation”, substitute
“ACC has concluded the operation or investigation”.
153 Paragraph 29A(4)(a)
Omit “or (1A)”.
154 Paragraph 29A(4)(b)
Omit “or (1A) and the Authority”, substitute “and the
CEO”.
155 Paragraph 29A(4)(c)
Omit “or (1A)”.
156 Paragraph 29A(4)(d)
Omit “or (1A)”.
157 Subparagraph
29A(4)(d)(ii)
Omit “Authority”, substitute “CEO”.
158 Subsection 29A(4)
Omit “relating to the investigation”, substitute
“relating to the operation or investigation”.
159 Subsection 29A(5)
Omit “Authority”, substitute “CEO”.
160 Subsection 29A(6)
Repeal the subsection.
161 At the end of
section 29A
Add:
(8) In this section:
official matter has the same meaning as in
section 29B.
162 Subsection 29B(1)
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
163 Paragraph 29B(2)(e)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
164 Subsection 29B(3)
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
165 Subsection 29B(7) (paragraph (a) of the
definition of official matter)
Repeal the paragraph, substitute:
(a) the determination referred to in subsection 28(2);
166 Subsection 29B(7) (paragraph (b) of the
definition of official matter)
Repeal the paragraph, substitute:
(b) an ACC operation/investigation;
167 Subsection 29B(7) (paragraph (c) of the
definition of official matter)
Repeal the paragraph, substitute:
(c) an examination held by an examiner;
168 Subsection 30(1)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
169 Paragraph 30(1)(b)
Omit “a member or the hearing officer, as the case may be”,
substitute “the examiner”.
170 Subsection 30(2)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
171 Paragraph 30(2)(b)
Omit “member presiding at the hearing or the hearing officer”,
substitute “examiner”.
172 Paragraph 30(3)(a)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
173 Subsection 30(3)
Omit “member presiding at the hearing or the hearing officer, furnish
to the Authority or the hearing officer”, substitute “examiner, give
the examiner”.
174 Subsection 30(4)
Omit “a hearing before the Authority or a hearing officer, or
documents or things produced at a hearing before the Authority or a hearing
officer”, substitute “an examination before an examiner, or
documents or things produced at an examination before an
examiner”.
175 Paragraph 30(4)(a)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
176 Subparagraph
30(4)(a)(i)
Omit “member presiding at the hearing or the hearing officer who is
holding the hearing”, substitute “examiner”.
177 Subsection 30(6)
Omit “$20,000”, substitute “200 penalty
units”.
178 Subsection 30(8)
Omit “$2,000”, substitute “20 penalty
units”.
179 Subsection 31(1)
Omit “by or on behalf of the Authority”, substitute “by
an examiner”.
180 Paragraph 31(1)(a)
Omit “Authority” (first occurring), substitute
“examiner”.
181 Paragraph 31(1)(a)
Omit “Authority or a hearing officer”, substitute
“examiner”.
182 Paragraph 31(3)(a)
Omit “Authority or the hearing officer”, substitute
“examiner”.
183 Subsection 33(1)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before an examiner”.
184 Subsection 33(2)
Omit “$20,000”, substitute “200 penalty
units”.
185 Subsection 33(4)
Omit “$2,000”, substitute “20 penalty
units”.
186 Section 34
Omit “a member or a hearing officer”, substitute “an
examiner”.
187 Paragraph 34(a)
Omit “a hearing before the Authority or a hearing officer”,
substitute “an examination before the examiner”.
188 Paragraph 34(b)
Omit “Authority otherwise than at a hearing before the Authority or a
hearing officer”, substitute “ACC otherwise than at an examination
before the examiner”.
189 Section 34
Omit “member or the hearing officer, as the case may be,”,
substitute “examiner”.
190 Subsection 35(1)
Repeal the subsection, substitute:
(1) A person must not:
(a) obstruct or hinder:
(i) the ACC in the performance of its functions; or
(ii) an examiner in the performance of his or her functions as an
examiner; or
(b) disrupt an examination before an examiner.
Note: The heading to section 35 is replaced by the
heading “Obstructing or hindering the ACC or an examiner
etc.”.
191 Subsection 35(2)
Omit “$20,000”, substitute “200 penalty
units”.
192 Subsection 35(4)
Omit “$2,000”, substitute “20 penalty
units”.
193 Subsection 36(1)
Omit “A member or a hearing officer”, substitute “An
examiner”.
Note: The heading to section 36 is altered by omitting
“members” and substituting
“examiners”.
194 Subsection 36(1)
Omit “a member or a hearing officer in relation to a hearing before
the Authority or the hearing officer”, substitute “an examiner in
relation to an examination before the examiner”.
195 Subsection 36(2)
Omit “Authority or a hearing officer or representing a person at a
hearing before the Authority or a hearing officer”, substitute “ACC
or an examiner or representing a person at an examination before an
examiner”.
196 Subsection 36(3)
Omit “the Authority or a hearing officer”, substitute “an
examiner”.
197 Sections 37 to 46A
Repeal the sections, substitute:
(1) The Chief Executive Officer of the ACC is to be appointed by the
Governor-General by written instrument.
(2) Before the Governor-General makes such an appointment, the Minister
must:
(a) invite the Board to make nominations for appointment; and
(b) consult the members of the Inter-Governmental Committee in relation to
the appointment.
(3) The CEO holds office for the period specified in the instrument of
appointment. The period must not exceed 5 years.
(4) The CEO is to be appointed on a full-time basis.
(1) The CEO is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, the CEO is to be paid the remuneration that is prescribed by
the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The CEO has the recreation leave entitlements that are determined by
the Remuneration Tribunal.
(2) The Minister may grant the CEO leave of absence (other than recreation
leave) on the terms and conditions, as to remuneration or otherwise, that the
Minister determines in writing.
The CEO may resign his or her appointment by giving the Governor-General
a written resignation.
The CEO must give written notice to the Minister, and to the Chair of the
Board, of all interests, pecuniary or otherwise, that the CEO has or acquires
and that could conflict with the proper performance of the CEO’s
duties.
The CEO must not engage in paid employment outside the duties of his or
her office without the Minister’s approval.
(1) The Minister may, by notice in writing, suspend the appointment of the
CEO if the Minister is of the opinion that the performance of the CEO has been
unsatisfactory.
(2) The Minister must specify in the notice whether the suspension is with
or without remuneration and allowances.
(3) The appointment is suspended for such period (not exceeding 3 months)
as the Minister considers appropriate in all of the circumstances. That period
must be specified in the notice.
Misbehaviour or incapacity
(1) The Governor-General may terminate the appointment of the CEO for
misbehaviour or physical or mental incapacity.
Bankruptcy etc.
(2) The Governor-General must terminate the appointment of the CEO
if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the CEO is absent, except on leave of absence granted under
section 39, for 14 consecutive days, or for 28 days in any 12 months;
or
(c) the CEO fails, without reasonable excuse, to comply with
section 41; or
(d) the CEO engages, except with the Minister’s approval, in paid
employment outside the duties of his or her office.
Unsatisfactory performance
(3) The Governor-General may terminate the appointment of the CEO if the
Minister is of the opinion that the performance of the CEO has been
unsatisfactory.
Invalidity
(4) In spite of anything contained in this section, if the CEO:
(a) is an eligible employee for the purposes of the Superannuation Act
1976; and
(b) has not reached his or her maximum retiring age within the meaning of
that Act;
then he or she is not capable of being retired from office on the ground of
invalidity within the meaning of Part IVA of that Act unless the
Commonwealth Superannuation Board of Trustees No. 2 has given a certificate
under section 54C of that Act.
(5) In spite of anything contained in this section, if the CEO:
(a) is a member of the superannuation scheme established by deed under the
Superannuation Act 1990; and
(b) is under 60 years of age;
then he or she is not capable of being retired from office on the ground of
invalidity within the meaning of that Act unless the Commonwealth Superannuation
Board of Trustees No. 1 has given a certificate under section 13 of
that Act.
The CEO holds office on the terms and conditions (if any) in relation to
matters not covered by this Act that are determined by the Governor-General in
writing.
(1) The Minister may appoint a person to act as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment
has previously been made to the office); or
(b) during any period, or during all periods, when the CEO is suspended
from office, is absent from duty or from Australia or is, for any reason, unable
to perform the duties of the office.
(2) Anything done by a person purporting to act under an appointment under
subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: For more information about acting appointments, see
section 33A of the Acts Interpretation Act 1901.
(1) The CEO must manage the day-to-day administration of the ACC in
accordance with the policy of, and any directions given by, the Board.
(2) The CEO must also co-ordinate ACC operations/investigations.
(3) Subject to such consultation with the examiners as is appropriate and
practicable, the CEO may make arrangements as to the examiner who is to be able
to exercise his or her powers under this Act in relation to a special ACC
operation/investigation.
(1) An examiner is to be appointed by the Governor-General by written
instrument.
Consulting the Inter-Governmental Committee
(2) Before the Governor-General makes such an appointment, the Minister
must consult the members of the Inter-Governmental Committee in relation to the
appointment.
Legal practitioner
(3) A person must not be appointed as an examiner unless he or she is
enrolled as a legal practitioner, and has been so for at least 5
years.
Period of appointment
(4) An examiner holds office for the period specified in the instrument of
appointment. The period must not exceed 5 years. In addition, the sum of an
examiner’s first appointment and any period or periods of re-appointment
must not exceed 5 years.
Full-time or part-time appointments
(5) An examiner is to be appointed as a full-time examiner or a part-time
examiner.
(1) An examiner is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, an examiner is to be paid the remuneration that is prescribed
by the regulations.
(2) An examiner is to be paid the allowances that are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
Full-time examiners
(1) A full-time examiner has the recreation leave entitlements that are
determined by the Remuneration Tribunal.
(2) The CEO may grant a full-time examiner leave of absence (other than
recreation leave) on the terms and conditions, as to remuneration or otherwise,
that the CEO determines in writing.
Part-time examiners
(3) The CEO may grant leave of absence to a part-time examiner on the
terms and conditions that the CEO determines in writing.
An examiner may resign his or her appointment by giving the
Governor-General a written resignation.
An examiner must give written notice to the CEO of all interests,
pecuniary or otherwise, that the examiner has or acquires and that could
conflict with the proper performance of the examiner’s duties.
A full-time examiner must not engage in paid employment outside the
duties of his or her office without the Minister’s approval.
Misbehaviour or incapacity
(1) The Governor-General may terminate the appointment of an examiner for
misbehaviour or physical or mental incapacity.
Bankruptcy etc.
(2) The Governor-General must terminate the appointment of an examiner
if:
(a) the examiner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the examiner is absent, except on leave of absence granted under
section 46D, for 14 consecutive days, or for 28 days in any 12 months;
or
(c) the examiner fails, without reasonable excuse, to comply with
section 46F; or
(d) the examiner is a full-time examiner and engages, except with the
Minister’s approval, in paid employment outside the duties of his or her
office.
Invalidity
(3) In spite of anything contained in this section, an examiner
who:
(a) is an eligible employee for the purposes of the Superannuation Act
1976; and
(b) has not reached his or her maximum retiring age within the meaning of
that Act;
is not capable of being retired from office on the ground of invalidity
within the meaning of Part IVA of that Act unless the Commonwealth
Superannuation Board of Trustees No. 2 has given a certificate under
section 54C of that Act.
(4) In spite of anything contained in this section, an examiner
who:
(a) is a member of the superannuation scheme established by deed under the
Superannuation Act 1990; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity
within the meaning of that Act unless the Commonwealth Superannuation Board of
Trustees No. 1 has given a certificate under section 13 of that
Act.
An examiner holds office on the terms and conditions (if any) in relation
to matters not covered by this Act that are determined by the Governor-General
in writing.
198 Before section 47
Insert:
199 Subsection 47(1)
Omit “Authority”, substitute “ACC”.
200 Subsection 47(2)
Omit “Chair” (wherever occurring), substitute
“CEO”.
201 Subsection 48(1)
Omit “Chair”, substitute “CEO”.
202 Subsection 48(1)
Omit “Authority”, substitute “ACC”.
203 Subsection 48(2)
Omit “Chair”, substitute “CEO”.
204 Section 49
Omit “Authority” (wherever occurring), substitute
“ACC”.
Note: The heading to section 49 is altered by omitting
“Authority” and substituting
“ACC”.
205 Section 50
Omit “Chair”, substitute “CEO”.
Note: The heading to section 50 is altered by omitting
“Authority” and substituting
“ACC”.
206 Section 50
Omit “Authority”, substitute “ACC”.
207 Before section 51
Insert:
208 Paragraph 51(1)(a)
Repeal the paragraph, substitute:
(a) the CEO; and
(aa) a member of the Board; and
209 Paragraph 51(1)(b)
Omit “Authority”, substitute “ACC”.
210 Paragraph 51(1)(c)
Repeal the paragraph, substitute:
(c) an examiner.
211 Subsection 51(2)
Omit “$5,000”, substitute “50 penalty
units”.
212 Subsection 51(3)
Omit “Authority, or a member, acting member or hearing
officer”, substitute “ACC, or the CEO, the acting CEO, a member of
the Board or an examiner”.
213 Paragraph 51(3)(b)
Omit “investigation carried out by the Authority”, substitute
“operation or investigation carried out by the ACC”.
214 Subsection 51(4)
Insert:
member of the staff of the ACC means:
(a) a person referred to in the definition of member of the staff of
the ACC in subsection 4(1); or
(b) a person who assists, or performs services for or on behalf of, a
legal practitioner appointed under section 50 in the performance of the
legal practitioner’s duties as counsel to the ACC.
215 Subsection 51(4) (definition of member of
the staff of the Authority)
Repeal the definition.
216 Part III (heading)
Repeal the heading, substitute:
217 Section 52 (definition of the
Committee)
Omit “National Crime Authority”, substitute “Australian
Crime Commission”.
218 Subsection 53(1)
Repeal the subsection, substitute:
(1) As soon as practicable after the commencement of the first session of
each Parliament, a joint committee of members of the Parliament to be known as
the Parliamentary Joint Committee on the Australian Crime Commission is to be
appointed according to the practice of the Parliament with reference to the
appointment of members to serve on joint select committees of both Houses of the
Parliament.
Note: The heading to section 53 is altered by omitting
“National Crime Authority” and substituting
“Australian Crime Commission”.
219 Paragraphs 55(1)(a) and
(b)
Omit “Authority”, substitute “ACC”.
220 Paragraph 55(1)(c)
Omit “of the Authority”, substitute “on the
ACC”.
221 Paragraph 55(1)(d)
Omit “Authority”, substitute “ACC”.
222 Paragraph 55(2)(a)
After “to” (first occurring), insert “undertake an
intelligence operation or to”.
223 Paragraph 55(2)(b)
Omit “Authority in relation to a particular investigation”,
substitute “ACC in relation to a particular ACC
operation/investigation”.
224 Section 55AA
Omit “Authority’s”, substitute
“ACC’s”.
225 Paragraph 55A(1)(a)
Repeal the paragraph, substitute:
(a) the ACC; or
226 Paragraph 55A(1)(b)
Repeal the paragraph, substitute:
(b) the CEO, an examiner or a member of the staff of the ACC; or
227 Paragraph 55A(1)(c)
After “Court”, insert “or a Federal
Magistrate”.
228 Subsections 55A(2) to
(5)
Repeal the subsections, substitute:
ACC
(2) A law of a State may confer on the ACC any or all of the following
duties, functions or powers:
(a) the function of investigating a matter relating to a relevant criminal
activity in so far as the serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences against a law of the
State (irrespective of whether that offence or those offences have a federal
aspect);
(b) a duty, function or power that is for the purposes of an investigation
referred to in paragraph (a) and that is either:
(i) of the same kind as a duty, function or power conferred on the ACC by
this Act or any other Act (whether or not the last-mentioned duty, function or
power relates to the investigation of that matter); or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph;
(c) the function of undertaking an intelligence operation in so far as the
serious and organised crime is, or the serious and organised crimes are or
include, an offence or offences against a law of the State (irrespective of
whether that offence or those offences have a federal aspect);
(d) a duty, function or power that is for the purposes of an operation
referred to in paragraph (c) and that is either:
(i) of the same kind as a duty, function or power conferred on the ACC by
this Act or any other Act (whether or not the last-mentioned duty, function or
power relates to that operation); or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph.
(3) The ACC cannot, under a law of a State:
(a) investigate a matter relating to a relevant criminal activity;
or
(b) undertake an intelligence operation;
unless the Board has consented to the ACC doing so.
CEO, examiners and members of staff of the ACC
(4) A law of a State may confer on the CEO, an examiner or a member of the
staff of the ACC a duty, function or power that:
(a) relates to the investigation of a matter relating to a relevant
criminal activity in so far as the serious and organised crime is, or the
serious and organised crimes are or include, an offence or offences against a
law of the State (irrespective of whether that offence or those offences have a
federal aspect); and
(b) is either:
(i) of the same kind as a duty, function or power conferred on the CEO, an
examiner or a member of the staff of the ACC by this Act or any other Act
(whether or not the last-mentioned duty, function or power relates to the
investigation of that matter); or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph.
(5) A law of a State may confer on the CEO, an examiner or a member of the
staff of the ACC a duty, function or power that:
(a) relates to the undertaking of an intelligence operation in so far as
the serious and organised crime is, or the serious and organised crimes are or
include, an offence or offences against a law of the State (irrespective of
whether that offence or those offences have a federal aspect); and
(b) is either:
(i) of the same kind as a duty, function or power conferred on the CEO, an
examiner or a member of the staff of the ACC by this Act or any other Act
(whether or not the last-mentioned duty, function or power relates to that
operation); or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph.
(5A) The CEO or an examiner cannot perform a duty or function, or exercise
a power, under a law of a State:
(a) relating to the investigation of a matter relating to a relevant
criminal activity; or
(b) relating to the undertaking of an intelligence operation;
unless the Board has consented to the CEO or the examiner doing
so.
Judge of the Federal Court or Federal Magistrate
(5B) A law of a State may confer on a Judge of the Federal Court or a
Federal Magistrate a duty, function or power that:
(a) relates to the investigation of a matter relating to a relevant
criminal activity in so far as the serious and organised crime is, or the
serious and organised crimes are or include, an offence or offences against a
law of the State (irrespective of whether that offence or those offences have a
federal aspect); and
(b) is either:
(i) of the same kind as a duty, function or power conferred on a Judge of
the Federal Court or a Federal Magistrate by this Act or any other Act (whether
or not the last-mentioned duty, function or power relates to the investigation
of that matter); or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph.
(5C) A law of a State may confer on a Judge of the Federal Court or a
Federal Magistrate a duty, function or power that:
(a) relates to the undertaking of an intelligence operation in so far as
the serious and organised crime is, or the serious and organised crimes are or
include, an offence or offences against a law of the State (irrespective of
whether that offence or those offences have a federal aspect); and
(b) is either:
(i) of the same kind as a duty, function or power conferred on a Judge of
the Federal Court or a Federal Magistrate by this Act or any other Act (whether
or not the last-mentioned duty, function or power relates to that operation);
or
(ii) of a kind specified in regulations made for the purposes of this
subparagraph.
229 Subsection 55A(6)
Omit “Subsections (2), (4) and (5)”, substitute
“Subsections (2), (4), (5), (5B) and (5C)”.
230 Subsection 55A(7)
Omit “Subsections (2), (4) and (5)”, substitute
“Subsections (2), (4), (5), (5B) and (5C)”.
231 Paragraph 55A(8)(a)
Repeal the paragraph, substitute:
(a) the ACC; or
232 Paragraph 55A(8)(b)
Repeal the paragraph, substitute:
(b) the CEO, an examiner or a member of the staff of the ACC; or
233 Paragraph 55A(8)(c)
After “Court”, insert “or a Federal
Magistrate”.
234 Paragraph 55A(9)(a)
Repeal the paragraph, substitute:
(a) the ACC; or
235 Paragraph 55A(9)(b)
Repeal the paragraph, substitute:
(b) the CEO, an examiner or a member of the staff of the ACC; or
236 Paragraph 55A(9)(c)
After “Court”, insert “or a Federal
Magistrate”.
237 Subsection 55A(9)
After “federally relevant criminal activities”, insert
“or to the undertaking of an intelligence operation”.
238 Subsection 55A(10)
Repeal the subsection, substitute:
State officers do not lose State powers
(10) Nothing in this Act results in a person, who is an officer of a State
and who becomes a member of the staff of the ACC, ceasing to be able to perform
any duty or function, or to exercise any power, that is conferred on the person
under a law of the State in his or her capacity as such an officer.
239 Subsection 55A(12)
Repeal the subsection.
240 Subsection 55A(13)
Insert:
Federal Magistrate means a Federal Magistrate in a personal
capacity and not as a court or a member of a court.
241 Subsection 55A(13) (definition of State
NCA Act)
Repeal the definition.
242 At the end of
section 55A
Add:
(14) In this section (other than subsection (9)):
intelligence operation means the collection, correlation,
analysis or dissemination of criminal information and intelligence relating to a
relevant criminal activity.
243 Section 55B
Repeal the section, substitute:
If:
(a) the ACC is investigating a matter relating to federally relevant
criminal activity, or is undertaking an intelligence operation, in so far as the
serious and organised crime is, or the serious and organised crimes are or
include, an offence or offences against a law of a State; and
(b) for the purposes of that investigation or operation, the ACC or the
CEO, an examiner or a member of the staff of the ACC has a choice between
exercising powers conferred by this Act or any other Act, and exercising powers
conferred by a law of the State;
this Act or that other Act does not require the ACC or the CEO, the
examiner or the member of the staff of the ACC to favour exercising the powers
conferred by this Act or that other Act.
244 Paragraph 55C(1)(a)
Repeal the paragraph, substitute:
(a) the ACC; or
245 Paragraph 55C(1)(b)
Repeal the paragraph, substitute:
(b) the CEO, an examiner or a member of the staff of the ACC;
246 Paragraph 55C(1)(c)
After “matter”, insert “, or to the collection,
correlation, analysis or dissemination of criminal information and
intelligence,”.
247 Subsection 55C(2)
After “Federal Court”, insert “or a Federal
Magistrate”.
248 Subsection 55C(2)
Omit “Authority of a matter”, substitute “ACC of a
matter, or to the collection, correlation, analysis or dissemination by the ACC
of criminal information and intelligence,”.
249 Subsection 55C(3)
Insert:
Federal Magistrate means a Federal Magistrate in a personal
capacity and not as a court or a member of a court.
250 Section 56
Repeal the section.
251 Section 57
Omit “National Crime Authority Act 1984”, substitute
“Australian Crime Commission Act 2002”.
252 Subsection 58(1)
Repeal the subsection, substitute:
(1) The Minister may make an arrangement with the appropriate Minister of
the Crown of a State under which the State will, from time to time as agreed
upon under the arrangement, make available a person who is an officer or
employee of the State or of an authority of the State or a member of the Police
Force of the State, or persons who are such officers, employees or members, to
perform services for the ACC.
253 Subsections 59(1), (1A) and
(2)
Repeal the subsections, substitute:
(1) The Chair of the Board must keep the Minister informed of the general
conduct of the ACC in the performance of the ACC’s functions. Subject to
subsection (2), if the Minister requests the Chair to provide to him or her
information concerning a specific matter relating to the ACC’s conduct in
the performance of its functions, the Chair must comply with the
request.
(1A) Subject to subsection (2), if a Minister of the Crown of a State
who is a member of the Inter-Governmental Committee requests the Chair of the
Board to provide him or her with information concerning a specific matter
relating to the ACC’s conduct in the performance of its functions, being
conduct that occurred within the jurisdiction of that State, the Chair of the
Board must comply with the request.
(2) If the Chair of the Board considers that disclosure of information to
the public could prejudice the safety or reputation of persons or the operations
of law enforcement agencies, the Chair must not provide the information under
subsection (1) or (1A).
254 Subsection 59(3)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
255 Paragraph 59(3)(a)
Omit “investigation that has been or is being conducted by the
Authority”, substitute “ACC operation/investigation that the ACC has
conducted or is conducting”.
256 Paragraph 59(3)(b)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
257 Paragraph 59(3)(b)
Omit “Authority” (last occurring), substitute
“ACC”.
258 Subsection 59(4)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
259 Subsection 59(4)
Omit “special investigation conducted by the Authority”,
substitute “special ACC operation/investigation conducted by the
ACC”.
260 Subsection 59(5)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
261 Subsection 59(5)
Omit “Authority” (second occurring), substitute
“ACC”.
262 Subsection 59(5)
Omit “Authority” (last occurring), substitute “Chair of
the Board”.
263 Subsection 59(5)
Omit “Commonwealth Minister or Minister of the Crown of the State by
whom the relevant reference was made”, substitute
“Minister”.
264 Subsection 59(6)
Omit “Authority”, substitute “Chair of the
Board”.
265 Subsection 59(6A)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
266 Paragraph 59(6A)(a)
Omit “National Crime Authority”, substitute “Australian
Crime Commission”.
267 Paragraph 59(6A)(a)
Omit “investigation that has been conducted by the Authority”,
substitute “ACC operation/investigation that the ACC has
conducted”.
268 Paragraph 59(6A)(b)
Omit “Authority” (first occurring), substitute “Chair of
the Board”.
269 Paragraph 59(6A)(b)
Omit “Authority” (last occurring), substitute
“ACC”.
270 Subsection 59(6B)
After “Chair”, insert “of the Board”.
271 Subsection 59(6B)
Omit “Authority”, substitute “Chair”.
272 Subsection 59(6C)
Omit “Authority”, substitute “Chair of the
Board”.
273 Paragraph 59(6D)(b)
After “Chair”, insert “of the Board”.
274 Subsection 59(7)
Repeal the subsection, substitute:
(7) The CEO may give to:
(a) any law enforcement agency; or
(b) any foreign law enforcement agency; or
(c) any other agency or body of the Commonwealth, a State or a Territory
prescribed by the regulations;
any information that is in the ACC’s possession and that is relevant
to the activities of that agency or body if:
(d) it appears to the CEO to be appropriate to do so; and
(e) to do so would not be contrary to a law of the Commonwealth, a State
or a Territory that would otherwise apply.
275 Subsection 59(8)
Omit “Notwithstanding section 11, the Chair”, substitute
“The CEO”.
276 Subsection 59(8)
Omit “Chair” (second occurring), substitute
“CEO”.
277 Subsection 59(8)
Omit “Authority”, substitute “ACC”.
278 Subsection 59(9)
Omit “Authority” (first occurring), substitute
“ACC”.
279 Subsection 59(9)
Omit “investigations”, substitute “operations or
investigations”.
280 Subsection 59(9)
Omit “Authority may, if it”, substitute “CEO may, if he
or she”.
281 Paragraph 59(9)(e)
Omit “Authority”, substitute “CEO”.
282 Subsection 59(10)
Omit “made by the Authority”.
283 Subsection 59(11)
Omit “Notwithstanding section 11, the Chair”, substitute
“The CEO”.
284 Subsection 59(11)
Omit “Chair” (second occurring), substitute
“CEO”.
285 Subsection 59(11)
Omit “Authority’s”, substitute
“ACC’s”.
286 Subsection 59(12)
Repeal the subsection.
287 Section 59A
Repeal the section, substitute:
The CEO may, by writing, delegate to a member of the staff of the ACC who
is an SES employee, or an acting SES employee, all or any of the CEO’s
powers or functions under this Act.
None of the following:
(a) the Minister;
(b) any other member of the Inter-Governmental Committee;
(c) a member of the Board;
(d) the CEO;
(e) an examiner;
(f) a member of the staff of the ACC;
is liable to an action or other proceeding for damages for or in relation
to an act done or omitted in good faith in performance or purported performance
of any function, or in exercise or purported exercise of any power, conferred or
expressed to be conferred by or under this Act.
288 Subsection 60(1)
Repeal the subsection, substitute:
(1) The Board may hold meetings in public for the purpose of informing the
public about, or receiving submissions in relation to, the performance of the
ACC’s functions.
Note: The heading to section 60 is altered by omitting
“sittings” and substituting
“meetings”.
289 Subsections 60(2) to
(3D)
Repeal the subsections.
290 Subsection 60(4)
Repeal the subsection, substitute:
(4) The Board may publish bulletins for the purpose of informing the
public about the performance of the ACC’s functions.
291 Subsection 60(5)
Omit “Authority”, substitute “Board”.
292 Paragraph 60(5)(a)
Omit “sitting”, substitute “meeting”.
293 Subsection 61(1)
Omit “Authority”, substitute “Chair of the
Board”.
294 Subsection 61(1)
Omit “its operations”, substitute “the ACC’s
operations”.
295 Subsection 61(2)
Omit “report by the Authority”, substitute “report by the
Chair of the Board”.
296 Paragraph 61(2)(a)
Repeal the paragraph, substitute:
(a) a description of any investigation into matters relating to federally
relevant criminal activity that the ACC conducted during the year and that the
Board determined to be a special investigation;
297 Paragraph 61(2)(b)
Omit “Authority during that year in the course of its
investigations”, substitute “ACC during that year in the performance
of its functions”.
298 Paragraph 61(2)(c)
Omit “its functions, the Authority”, substitute “the
ACC’s functions, the Board”.
299 Paragraph 61(2)(d)
Omit “Chair”, substitute “CEO”.
300 Paragraph 61(2)(e)
Omit “its investigations”, substitute “investigations by
the ACC”.
301 Paragraph 61(2)(f)
Repeal the paragraph.
302 Subparagraph
61(2)(g)(iii)
Omit “Authority”, substitute “ACC”.
303 Subsection 61(3)
Omit “Authority”, substitute “Chair of the
Board”.
304 Subsection 61(4)
Omit “Authority” (wherever occurring), substitute “Chair
of the Board”.
305 Subsection 61(5)
Repeal the subsection.
306 Paragraph 61(6)(a)
Omit “of the Authority”, substitute “by the Chair of the
Board”.
307 Paragraph 61(6)(a)
After “her”, insert “from the Inter-Governmental
Committee”.
Part 2—Transitional
provisions
308 Definitions
In this Part:
ACC means the Australian Crime Commission.
ACC Act means the Australian Crime Commission Act
2002.
commencement time means the time when this Part
commences.
NCA means the National Crime Authority.
NCA Act means the National Crime Authority Act 1984 as
in force before the commencement time.
NCA consultant means a person in respect of whom an
engagement was in force under section 48 of the NCA Act immediately
before the commencement time.
NCA hearing officer means a person who held an appointment
under subsection 25A(1) of the NCA Act immediately before the commencement
time.
309 Appointment of first CEO of
ACC
(1) The first appointment of the Chief Executive Officer of the ACC under
section 37 of the ACC Act may be made in accordance with section 4 of
the Acts Interpretation Act 1901.
Note: Subsection 4(1) of the Acts Interpretation Act 1901
would allow the appointment to occur during the period beginning on the day
this Act receives the Royal Assent and ending on 31 December 2002. However,
the appointment could not take effect until at least 1 January 2003: see
subsection 4(2) of the Acts Interpretation Act 1901.
(2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be
satisfied if the Minister invites each of the following persons to make
nominations for that appointment:
(a) the Commissioner of the Australian Federal Police;
(b) the Secretary of the Department;
(c) the Chief Executive Officer of the Australian Customs
Service;
(d) the Chairperson of the Australian Securities and Investments
Commission;
(e) the Director-General of Security holding office under the
Australian Security Intelligence Organisation Act 1979;
(f) the Commissioner or head (however described) of the police force of
each State and of the Northern Territory;
(g) the Chief Police Officer of the Australian Capital
Territory.
310 NCA hearing officers
(1) At the commencement time, an NCA hearing officer is taken to be
appointed as an examiner under subsection 46B(1) of the ACC Act.
(2) A person who becomes an examiner under this item holds that
office:
(a) subject to Subdivision B of Division 3 of Part II of the ACC
Act, on the same terms and conditions as applied to his or her appointment as an
NCA hearing officer immediately before the commencement time; and
(b) for the unexpired part of the term of his or her appointment under the
NCA Act.
(3) This item does not prevent those terms and conditions being varied
after the commencement time.
(4) An appointment of a person as an examiner under this item is taken, for
the purposes of subsection 46B(4) of the ACC Act, to be the person’s first
appointment.
Note: Subsection 46B(4) of the ACC Act provides that the sum
of an examiner’s first appointment and any period or periods of
re-appointment must not exceed 5 years.
311 NCA consultants
(1) At the commencement time, a person who is an NCA consultant is taken to
be engaged as a consultant under section 48 of the ACC Act.
(2) The person is taken to have been engaged on the same terms and
conditions that applied in relation to the person immediately before the
commencement time.
312 NCA legal practitioners
An appointment in force under section 50 of the NCA Act immediately
before the commencement time is taken, at that time, to be an appointment made
under section 50 of the ACC Act.
313 Continuation of references made to the
NCA
(1) This item applies to an investigation (the NCA
investigation) under subsection 11(2) of the NCA Act that the NCA had
commenced but not completed before the commencement time.
(2) At and after the commencement time:
(a) the ACC may complete the NCA investigation; and
(b) the NCA investigation is taken, for the purposes of the ACC Act, to be
an investigation into matters relating to federally relevant criminal
activity.
(3) For the purposes of the ACC completing the NCA investigation, at the
commencement time:
(a) the Board of the ACC is taken to have authorised, in writing, the ACC
to investigate the matters; and
(b) the Board of the ACC is taken to have determined, in writing, that the
investigation is a special investigation; and
(c) the persons who were carrying out the NCA investigation immediately
before the commencement time are taken to be persons participating in the
special investigation; and
(d) the person in charge of the NCA investigation immediately before the
commencement time is taken to be the head of the special
investigation.
314 Continuation of duties, functions or powers
conferred on the NCA by State laws
If:
(a) a law of a State conferred on the NCA a duty, function or power of the
kind referred to in subsection 55A(2) of the NCA Act in relation to a matter
relating to a relevant criminal activity; and
(b) subsection 55A(3) of the NCA Act was satisfied in relation to that
conferral; and
(c) a law of a State confers on the ACC that duty, function or power in
relation to that matter;
then the Board of the ACC is taken to have consented to the ACC
investigating that matter.
315 Continuation of other NCA
investigations
(1) This item applies to an investigation (the NCA
investigation) in relation to a federally relevant criminal activity
under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not
completed before the commencement time.
(2) At and after the commencement time:
(a) the ACC may complete the NCA investigation; and
(b) the NCA investigation is taken, for the purposes of the ACC Act, to be
an investigation into matters relating to federally relevant criminal
activity.
(3) For the purposes of the ACC completing the NCA investigation, at the
commencement time:
(a) the Board of the ACC is taken to have authorised, in writing, the ACC
to investigate the matters; and
(b) the persons who were carrying out the NCA investigation immediately
before the commencement time are taken to be persons participating in the
investigation of those matters; and
(c) the person in charge of the NCA investigation immediately before the
commencement time is taken to be the head of the investigation into those
matters.
316 Assembling and giving of evidence obtained
by the NCA
If:
(a) before the commencement time, the NCA obtained evidence of a kind
referred to in subsection 12(1) or (1A) of the NCA Act; but
(b) the NCA had not assembled and given the evidence as mentioned in that
subsection before the commencement time;
then, at and after the commencement time, subsection 12(1) of the ACC Act
applies as if that evidence had been obtained by the ACC in carrying out an ACC
operation/investigation.
Note: Subsection 12(1) of the ACC Act requires the Chief
Executive Officer of the ACC to assemble and give the evidence to particular
persons or bodies.
317 Limitation on challenges to validity of
references
Despite the repeal and substitution of section 16 of the NCA Act made
by this Schedule, that section continues to apply in relation to a reference
made before the commencement time as if that repeal and substitution had not
been made.
318 Arrangements to obtain information or
intelligence
An arrangement in force under section 21 of the NCA Act immediately
before the commencement time continues to be in force after that time as if it
had been made under section 21 of the ACC Act.
319 Continuation of secrecy
obligations
Section 51 of the NCA Act continues to apply at and after the
commencement time to a person who, immediately before the commencement time, was
a person to whom that section applied as if the amendments to that section made
by this Schedule had not been made.
320 Continuation of the Parliamentary Joint
Committee on the National Crime Authority
The Parliamentary Joint Committee on the National Crime Authority, as
constituted under Part III of the NCA Act immediately before the
commencement time, continues in existence after that time under Part III of
the ACC Act and is to be known as the Parliamentary Joint Committee on the
Australian Crime Commission.
321 Ombudsman to brief Inter-Governmental
Committee about controlled operations
The first briefing provided by the Ombudsman under section 55AA of the
ACC Act must also cover the NCA’s involvement in controlled operations
under Part IAB of the Crimes Act 1914 during the preceding 12
months.
322 Arrangements relating to person performing
services for the NCA
An arrangement in force under paragraph 58(1)(b) of the NCA Act immediately
before the commencement time continues to be in force after that time as if it
had been made under subsection 58(1) of the ACC Act.
323 Annual report
The first report on the operations of the ACC under section 61 of the
ACC Act must also include, in relation to the year to which the report relates,
details of the matters referred to in subsection 61(2) of the NCA Act as
in force immediately before the commencement time.
324 Transfer of records and documents
etc.
Any evidence (including oral evidence in any form), records, documents,
information or other things (including those in electronic form) that were in
the possession of the NCA immediately before the commencement time are to be
transferred to the ACC.
325 Section 8 of the Acts Interpretation
Act 1901
This Part does not limit the operation of section 8 of the Acts
Interpretation Act 1901.
326 Transitional
regulations
(1) The Governor-General may make regulations prescribing matters of a
transitional nature (including prescribing any saving or application provisions)
arising out of the amendments made by this Schedule.
(2) Despite subsection 48(2) of the Acts Interpretation Act 1901,
regulations made under this item within 1 year after commencement of this item
may commence on a day earlier than the day on which they are made, but not
earlier than the commencement of this item.
1 Paragraph 33(1A)(a)
Omit “National Crime Authority”, substitute “Australian
Crime Commission”.
Australian Security
Intelligence Organisation Act 1979
2 Paragraph 18(3)(a)
Omit “a member, or a member of the staff, of the National Crime
Authority”, substitute “the Chief Executive Officer of the
Australian Crime Commission or a member of the staff of the
ACC”.
3 Subparagraph 18(3)(b)(vi)
Repeal the subparagraph, substitute:
(vi) the Chief Executive Officer of the Australian Crime Commission or a
member of the staff of the ACC.
4 At the end of
section 18
Add:
(6) In this section:
member of the staff of the ACC has the same meaning as in the
Australian Crime Commission Act 2002.
5 Subsection 3(1)
Insert:
ACC means the Australian Crime Commission.
6 Subsection 3(1)
Insert:
ACC authorising officer has the meaning given in subsection
15J(4).
7 Subsection 3(1) (paragraph (b) of the
definition of appropriate authorising officer)
Omit “NCA authorising officer” (wherever occurring), substitute
“ACC authorising officer”.
8 Subsection 3(1) (paragraph (c) of the
definition of law enforcement officer)
Repeal the paragraph, substitute:
(c) a member of the staff of the ACC;
9 Subsection 3(1)
Insert:
member of the staff of the ACC has the same meaning as in the
Australian Crime Commission Act 2002.
10 Subsection 3(1) (definition of NCA
authorising officer)
Repeal the definition.
11 Subparagraph
15G(1)(b)(i)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
12 Paragraph 15J(2)(c)
Omit “National Crime Authority”, substitute
“ACC”.
13 Paragraph 15J(2)(c)
Omit “NCA authorising officer”, substitute “ACC
authorising officer”.
14 Subsection 15J(4)
Repeal the subsection, substitute:
(4) The following are ACC authorising officers:
(a) the Chief Executive Officer of the ACC;
(b) a member of the staff of the ACC who is an SES employee and who is
authorised in writing by the Chief Executive Officer of the ACC for the purposes
of this paragraph.
15 Paragraph 15N(2A)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the ACC;
16 Subsection 15OA(2)
Omit “NCA authorising officer” (wherever occurring), substitute
“ACC authorising officer”.
17 Subsection 15OA(4)
Omit “NCA authorising officer”, substitute “ACC
authorising officer”.
18 Paragraph 15OA(5)(b)
Omit “NCA authorising officer”, substitute “ACC
authorising officer”.
19 Paragraph 15Q(1)(a)
Omit “NCA authorising officer”, substitute “ACC
authorising officer”.
20 Subsection 15R(2)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
21 Paragraph 15R(2)(a)
Omit “NCA authorising officer”, substitute “ACC
authorising officer”.
22 Subsection 15T(4)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
23 Subsection 15U(2)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
24 Paragraph 15UA(1)(b)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the ACC;
25 Subsection 15UA(2)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
26 Paragraph 15UB(1)(a)
Omit “National Crime Authority”, substitute
“ACC”.
27 Paragraph 15UB(1)(b)
Omit “National Crime Authority”, substitute
“ACC”.
28 Subsection 15XA(1) (paragraph (c) of the
definition of Commonwealth participating agency)
Repeal the paragraph, substitute:
(c) the ACC;
29 Section 85ZL (paragraph (c) of the
definition of law enforcement agency)
Repeal the paragraph, substitute:
(c) the ACC;
30 Section 85ZL (paragraph (d) of the
definition of law enforcement agency)
Repeal the paragraph.
31 Section 146.1 (paragraph (b) of the
definition of Commonwealth law enforcement officer)
Repeal the paragraph, substitute:
(b) a member of the Board of the Australian Crime Commission established
under section 7B of the Australian Crime Commission Act 2002;
or
(ba) an examiner (within the meaning of that Act); or
32 Section 146.1 (paragraph (c) of the
definition of Commonwealth law enforcement officer)
Repeal the paragraph, substitute:
(c) a member of the staff of the ACC (within the meaning of that Act);
or
33 Subsection 219A(1)
Insert:
ACC means the Australian Crime Commission.
34 Subsection 219A(1) (paragraph (a) of the
definition of chief officer)
Repeal the paragraph, substitute:
(a) where the agency is the ACC—the Chief Executive Officer of the
ACC; and
35 Subsection 219A(1) (definition of
Commonwealth law enforcement agency)
Omit “National Crime Authority”, substitute
“ACC”.
36 Subsection 219A(1)
Insert:
member of the staff of the ACC has the same meaning as in the
Australian Crime Commission Act 2002.
37 Subsection 219A(1) (paragraph (a) of the
definition of official)
Repeal the paragraph, substitute:
(a) where the agency is the ACC—the Chief Executive Officer of the
ACC, an examiner (within the meaning of the Australian Crime Commission Act
2002) or a member of the staff of the ACC; and
38 Paragraph 219B(4A)(a)
Repeal the paragraph, substitute:
(a) where the agency is the ACC—the Chief Executive Officer of the
ACC, an examiner (within the meaning of the Australian Crime Commission Act
2002) or a member of a police force who is a member of the staff of the ACC;
and
Customs Administration Act
1985
39 Subsection 16(1A) (paragraph (b) of the
definition of Commonwealth agency)
Omit “and”.
40 Subsection 16(1A) (paragraph (c) of the
definition of Commonwealth agency)
Repeal the paragraph.
Financial Transaction
Reports Act 1988
41 Subsection 3(1)
Insert:
ACC means the Australian Crime Commission.
42 Subsection 3(1) (definition of acting
member of the NCA)
Repeal the definition.
43 Subsection 3(1) (definition of Australian
Bureau of Criminal Intelligence)
Repeal the definition.
44 Subsection 3(1)
Insert:
Board of the ACC means the Board of the Australian Crime
Commission established under section 7B of the Australian Crime
Commission Act 2002.
45 Subsection 3(1)
Insert:
examiner has the same meaning as in the Australian Crime
Commission Act 2002.
46 Subsection 3(1) (definition of
Inter-Governmental Committee)
Omit “NCA Act”, substitute “Australian Crime
Commission Act 2002”.
47 Subsection 3(1) (definition of member of
the NCA)
Repeal the definition.
48 Subsection 3(1)
Insert:
member of the staff of the ACC has the same meaning as in the
Australian Crime Commission Act 2002.
49 Subsection 3(1) (definition of member of
the staff of the NCA)
Repeal the definition.
50 Subsection 3(1) (definition of
NCA)
Repeal the definition.
51 Subsection 3(1) (definition of NCA
Act)
Repeal the definition.
52 Subsection 16(6) (definition of
investigating officer)
Omit “a member, or member of staff, of the NCA”, substitute
“an examiner or a member of the staff of the ACC”.
53 Subsection 16(6) (paragraph (b) of the
definition of relevant authority)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the ACC; or
54 Paragraph 26(1)(c)
Repeal the paragraph, substitute:
(c) where the officer is an examiner or a member of the staff of the
ACC—the Chief Executive Officer of the ACC; or
55 Subsection 27(1A)
Omit “the Australian Bureau of Criminal Intelligence
and”.
56 Subsection 27(1A)
Omit “the Bureau or the Commission (as the case requires)”,
substitute “the Commission”.
57 Subsection 27(5)
Omit “NCA obtains FTR information”, substitute “Chief
Executive Officer of the ACC, an examiner or a member of the staff of the ACC
obtains FTR information”.
58 Before paragraph
27(5)(a)
Insert:
(aaa) the Chief Executive Officer of the ACC may, in a manner that does
not identify, and is not reasonably capable of being used to identify, a person
to whom the information relates, communicate the information to the Board of the
ACC; and
59 Paragraph 27(5)(a)
Omit “NCA may”, substitute “Chair of the Board of the ACC
may”.
60 Paragraph 27(5)(a)
Omit “NCA under subsection 59(4) of the NCA Act”, substitute
“Chair under subsection 59(4) of the Australian Crime Commission Act
2002”.
61 Paragraph 27(5)(aa)
Omit “NCA may”, substitute “Chair of the Board of the ACC
may”.
62 Paragraph 27(5)(aa)
Omit “National Crime Authority under subsection 59(6A) of the NCA
Act”, substitute “Australian Crime Commission under subsection
59(6A) of the Australian Crime Commission Act 2002”.
63 After paragraph
27(5)(aa)
Insert:
(ab) the Chief Executive Officer of the ACC may communicate the
information to an examiner who is conducting an examination under
Division 2 of Part II of the Australian Crime Commission Act
2002; and
64 Paragraph 27(5)(b)
Repeal the paragraph, substitute:
(b) an examiner may divulge the information in the course of such an
examination before the examiner; and
65 Paragraph 27(5)(c)
Omit “the NCA may”, substitute “an examiner or a member
of the staff of the ACC may”.
66 Paragraph 27(5)(d)
Omit “paragraphs (a), (aa), (b) and (c), the NCA”,
substitute “paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief
Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and
a member of the staff of the ACC”.
67 Subparagraph 27(6)(a)(i)
Omit “NCA”, substitute “Chief Executive Officer of the
ACC, an examiner or a member of the staff of the ACC”.
68 Subparagraph 27(6)(a)(i)
Omit “its functions”, substitute “the ACC’s
functions”.
69 Subsection 27(9)
Omit “NCA”, substitute “Chief Executive Officer of the
ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of
the ACC”.
70 Subsection 27(10)
Omit “the NCA”, substitute “an examiner”.
71 Paragraph 27(14)(a)
Omit “NCA”, substitute “ACC”.
72 Paragraph 27(15)(a)
Repeal the paragraph, substitute:
(a) the Chief Executive Officer of the ACC;
73 Paragraph 27(15)(b)
Repeal the paragraph, substitute:
(b) an examiner or a member of the staff of the ACC;
74 Paragraphs 27(15)(c) and
(d)
Repeal the paragraphs.
75 Paragraph 27(16)(g)
Repeal the paragraph.
76 Paragraph 27(17)(s)
Repeal the paragraph.
Human Rights and Equal
Opportunity Commission Act 1986
77 Paragraph 24(2)(b)
Omit “National Crime Authority”, substitute “Australian
Crime Commission”.
National Crime Authority
Legislation Amendment Act 2001
78 Subsection 4(1)
After “(the NCA Act)”, insert “and the
Australian Crime Commission Act 2002 (the ACC
Act)”.
79 Paragraph 4(4)(a)
After “Authority”, insert “and the Australian Crime
Commission”.
80 Subsection 4(5)
After “NCA Act”, insert “and the ACC
Act”.
81 After subsection 4(7)
Insert:
(7A) The Chief Executive Officer of the Australian Crime Commission, and
members of the staff of the ACC (within the meaning of the ACC Act), must give
all reasonable assistance requested by the responsible person in connection with
the carrying out of the review and report.
82 Subsection 4(8)
Omit “that Act” (wherever occurring), substitute “the NCA
Act”.
83 After subsection 4(8)
Insert:
(8A) The following activities by the current or former Chief Executive
Officer of the Australian Crime Commission or a current or former member of the
staff of the ACC (within the meaning of the ACC Act) do not constitute a
contravention of section 51 of the ACC Act, if they are carried out for the
purposes of assisting the responsible person to carry out the review and
report:
(a) divulging or communicating information to the responsible
person;
(b) recording information;
(c) providing a record of information to the responsible person.
84 Subsection 3(1)
Insert:
ACC means the Australian Crime Commission established under
section 7 of the Australian Crime Commission Act 2002.
85 Subsection 3(1)
Insert:
Board of the ACC means the Board of the Australian Crime
Commission established under section 7B of the Australian Crime
Commission Act 2002.
86 Subsection 3(1) (definition of law
enforcement agency)
Omit “National Crime Authority Act 1984”, substitute
“Australian Crime Commission Act 2002”.
87 Subsection 3(1) (definition of National
Crime Authority)
Repeal the definition.
88 Subsection 3(13A)
Omit “National Crime Authority”, substitute
“ACC”.
89 Paragraph 5(2)(b)
Omit “other than action taken by a Justice or Judge in his or her
capacity as a member of the National Crime Authority”.
90 Subparagraph 6A(1)(a)(i)
Omit “National Crime Authority”, substitute
“ACC”.
Note: The heading to section 6A is altered by omitting
“National Crime Authority” and substituting
“ACC”.
91 Subsection 8B(1)
Omit “National Crime Authority, or a member of the staff of the
Authority,”, substitute “ACC, or a member of the staff of the
ACC,”.
Note: The heading to section 8B is altered by omitting
“National Crime Authority” and substituting
“ACC”.
92 Subsection 8B(8)
Repeal the subsection, substitute:
(8) In this section:
member of the staff of the ACC has the same meaning as in the
Australian Crime Commission Act 2002.
93 Paragraph 9(3)(e)
Omit “National Crime Authority”, substitute “ACC or the
Board of the ACC”.
94 Subsection 35B(1)
Omit “disclosure of certain NCA information”, substitute
“disclosure of certain ACC information”.
Note: The heading to section 35B is altered by omitting
“NCA” and substituting
“ACC”.
95 Paragraph 35B(1)(c)
Repeal the paragraph, substitute:
(c) the proper performance of the functions of the ACC; or
96 Subsection 35B(1)
Omit “disclose the NCA information”, substitute “disclose
the ACC information”.
97 Subsection 35B(2)
Insert:
ACC information means information or the contents of a
document or a record that is, or was, in the possession or under the control of
the ACC or the Board of the ACC.
98 Subsection 35B(2) (definition of NCA
information)
Repeal the definition.
99 Subsection 6(1)
Insert:
ACC means the Australian Crime Commission.
100 Subsection 6(1)
Insert:
Board of the ACC means the Board of the Australian Crime
Commission established under section 7B of the Australian Crime
Commission Act 2002.
101 Subsection 6(1) (paragraph (b) of the
definition of enforcement body)
Repeal the paragraph, substitute:
(b) the ACC; or
102 Subparagraph
7(1)(a)(iv)
Repeal the subparagraph, substitute:
(iv) the ACC; or
103 Paragraph 7(1)(h)
Repeal the paragraph, substitute:
(h) the ACC or the Board of the ACC.
104 Paragraph 7(2)(c)
Repeal the paragraph, substitute:
(c) the ACC or the Board of the ACC.
105 Subsection 18K(5)
(note)
Omit “National Crime Authority Act 1984”, substitute
“Australian Crime Commission Act 2002”.
106 Paragraph 70(2)(b)
Omit “National Crime Authority”, substitute
“ACC”.
107 Subsection 4(1)
Insert:
ACC means the Australian Crime Commission.
108 Subsection 4(1) (definition of law
enforcement authority)
Omit “National Crime Authority”, substitute
“ACC”.
109 Paragraph 39(2)(b)
Omit “a special investigation being conducted by the National Crime
Authority”, substitute “a special ACC
operation/investigation”.
110 Subsection 39(2)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
111 Subsection 39(3)
Repeal the subsection, substitute:
(3) In this section:
special ACC operation/investigation has the same meaning as
in the Australian Crime Commission Act 2002.
112 Subsection 40(10) (paragraph (b) of the
definition of responsible custodian)
Omit “Chair of the National Crime Authority”, substitute
“Chief Executive Officer of the ACC”.
113 At the end of paragraph
74(1)(a)
Add “or”.
114 Paragraph 74(1)(b)
Repeal the paragraph, substitute:
(b) if the order specifies the ACC as the law enforcement authority to
which information is to be given—the Chief Executive Officer of the ACC,
an examiner (within the meaning of the Australian Crime Commission Act
2002) or a member of the staff of the ACC (within the meaning of that Act);
or
115 Subparagraph
74(2)(a)(i)
Omit “or a member, or member of staff, of the National Crime
Authority”, substitute “or the Chief Executive Officer of the ACC,
an examiner (within the meaning of the Australian Crime Commission Act
2002) or a member of the staff of the ACC (within the meaning of that
Act)”.
116 Paragraph 213(3)(d)
Repeal the paragraph, substitute:
(d) the Chief Executive Officer of the Australian Crime Commission;
or
(e) an examiner (within the meaning of the Australian Crime Commission
Act 2002).
117 Section 338 (paragraph (b) of the
definition of authorised officer)
Repeal the paragraph, substitute:
(b) any of the following:
(i) the Chief Executive Officer of the Australian Crime
Commission;
(ii) an examiner (within the meaning of the Australian Crime Commission
Act 2002) who is authorised by the Chief Executive Officer of the Australian
Crime Commission;
(iii) a member of the staff of the ACC (within the meaning of the
Australian Crime Commission Act 2002) who is authorised by the Chief
Executive Officer of the Australian Crime Commission; or
118 Paragraph 27(1)(bc)
Repeal the paragraph, substitute:
(bc) the Australian Crime Commission established by section 7 of the
Australian Crime Commission Act 2002; or
Retirement Savings Accounts
Act 1997
119 Subparagraph
114(3)(c)(ii)
Repeal the subparagraph, substitute:
(ii) the Chief Executive Officer of the Australian Crime Commission;
or
120 Section 1B (definition of Australian
Bureau of Criminal Intelligence)
Repeal the definition.
121 Paragraph 6P(1)(da)
Repeal the paragraph.
122 Subsection 6P(2A)
Omit “an investigation being conducted by the National Crime
Authority”, substitute “the performance of the functions of the
Australian Crime Commission”.
123 Subsection 6P(2A)
Omit “to the National Crime Authority”, substitute “to
the Chief Executive Officer of the Australian Crime Commission”.
Superannuation Industry
(Supervision) Act 1993
124 Subparagraph
284(3)(c)(ii)
Repeal the subparagraph, substitute:
(ii) the Chief Executive Officer of the Australian Crime Commission;
or
Taxation Administration Act
1953
125 Subsection 2(1) (paragraph (d) of the
definition of head)
Repeal the paragraph, substitute:
(d) in the case of the Australian Crime Commission—the Chief
Executive Officer of the Commission;
126 Subsection 2(1) (paragraph (daa) of the
definition of head)
Repeal the paragraph.
127 Subsection 2(1) (paragraph (d) of the
definition of law enforcement agency)
Repeal the paragraph, substitute:
(d) the Australian Crime Commission;
128 Subsection 2(1) (paragraph (daa) of the
definition of law enforcement agency)
Repeal the paragraph.
129 Subsection 3D(1)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
Note: The heading to section 3D is altered by omitting
“National Crime Authority” and substituting
“Australian Crime Commission”.
130 Subsection 3D(2)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
131 Subsection 3D(3)
Repeal the subsection.
132 Subsection 3D(4)
Omit “the Authority is conducting a special investigation and”,
substitute “a special ACC operation/investigation is being carried out and
the Chief Executive Officer of the ACC”.
133 Subsection 3D(4)
Omit “investigation, a member or acting member”, substitute
“operation or investigation, the Chief Executive Officer of the
ACC”.
134 Paragraph 3D(5)(a)
Omit “special investigation”, substitute “operation or
investigation”.
135 Subsection 3D(6)
Omit “A member or acting member”, substitute “The Chief
Executive Officer of the ACC”.
136 Paragraph 3D(7)(a)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
137 Paragraph 3D(7)(b)
Omit “Authority from”, substitute “Chief Executive
Officer of the ACC from”.
138 Paragraph 3D(7)(b)
Omit “Authority is”, substitute “Chief Executive Officer
of the ACC is”.
139 Paragraph 3D(7)(b)
Omit “a member or acting member”, substitute “the Chief
Executive Officer of the ACC”.
140 Paragraph 3D(7)(b)
Omit “Commissioner or to the Authority”, substitute
“Commissioner or to the Chief Executive Officer of the
ACC”.
141 Paragraph 3D(8)(b)
Omit “special investigation”, substitute “operation or
investigation”.
142 Subparagraph
3D(8)(c)(i)
Omit “special investigation”, substitute “operation or
investigation”.
143 Subparagraph
3D(8)(c)(ii)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
144 Subsection 3D(9)
Omit “a special investigation is readily obtainable by the
Authority”, substitute “an operation or investigation is readily
obtainable by the Chief Executive Officer of the ACC”.
145 Subsection 3D(9)
Omit “the investigation that may result if the Authority”,
substitute “the operation or investigation that may result if the Chief
Executive Officer of the ACC”.
146 Paragraph 3D(10)(b)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
147 Subsection 3D(11)
After “Subject to subsections (12) and (13), where”,
insert “information is communicated to the Chief Executive Officer of the
ACC under”.
148 Paragraphs 3D(11)(a) and
(b)
Repeal the paragraphs, substitute:
(a) subsection (1) or (2); or
(b) an order made under subsection (7);
149 Before paragraph
3D(11)(c)
Insert:
(ba) the Chief Executive Officer of the ACC may, in a manner that does not
identify, and is not reasonably capable of being used to identify, a person to
whom the information relates, communicate the information to the Board of the
ACC;
150 Paragraph 3D(11)(c)
Omit “Authority may”, substitute “Chair of the Board of
the ACC may”.
151 Paragraph 3D(11)(c)
Omit “Authority under subsection 59(4) of the relevant Act”,
substitute “Chair under subsection 59(4) of the ACC Act”.
152 After paragraph
3D(11)(c)
Insert:
(ca) the Chief Executive Officer of the ACC may communicate the
information to an examiner who is conducting an examination under
Division 2 of Part II of the ACC Act;
153 Paragraph 3D(11)(d)
Repeal the paragraph, substitute:
(d) an examiner may divulge the information in the course of such an
examination before the examiner;
154 Paragraph 3D(11)(e)
Omit “Authority may”, substitute “Chief Executive Officer
of the ACC may”.
155 Paragraph 3D(11)(e)
Omit “Authority is”, substitute “Chief Executive Officer
of the ACC is”.
156 Paragraph 3D(11)(f)
Repeal the paragraph, substitute:
(f) subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief
Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner
must not divulge or communicate the information except to a member of the staff
of the ACC for the purposes of, or in connection with:
(i) in a case where paragraph (a) applies—a tax-related
investigation; or
(ii) in a case where paragraph (b) applies—a special ACC
operation/investigation;
157 Paragraph 3D(11)(g)
Omit “a member or acting member shall”, substitute “the
Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an
examiner must”.
158 Paragraph 3D(11)(j)
Omit “a person of a kind referred to in subparagraph (f)(i),
(ii) or (iii)”, substitute “a member of the staff of the
ACC”.
159 Subparagraph
3D(11)(j)(i)
Omit “such person, or to the Authority,”, substitute
“member of the staff of the ACC, or to an examiner,”.
160 Sub-subparagraph
3D(11)(j)(i)(A)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
161 Sub-subparagraph
3D(11)(j)(i)(B)
Omit “Authority”, substitute “Chief Executive Officer of
the ACC”.
162 Sub-subparagraph
3D(11)(j)(i)(B)
Omit “a special investigation”, substitute “a special ACC
operation/investigation”.
163 Sub-subparagraph
3D(11)(j)(i)(C)
Repeal the sub-subparagraph.
164 Subsection 3D(13)
Omit “the Authority”, substitute “an
examiner”.
165 Subsection 3D(16)
Repeal the subsection, substitute:
(16) If information is communicated to the Chief Executive Officer of the
ACC under subsection (1) or (2) or under an order made under
subsection (7), then nothing in subsection (11), (14), (15) or (17)
prohibits:
(a) the communication of the information to a person for the purposes of,
or in connection with, the prosecution of a person for a taxation offence;
or
(b) if the information is admissible in a prosecution of a person for a
taxation offence—the communication of the information to a court in the
course of proceedings before that court against the last-mentioned person for
that offence.
Note: A defendant bears an evidential burden in relation to
the matters in subsection (16), see subsection 13.3(3) of the Criminal
Code.
166 Subsection 3D(17)
Omit “paragraph (16)(c)”, substitute
“paragraph (16)(a)”.
167 Subsection 3D(18)
Omit “relevant Act”, substitute “ACC
Act”.
168 Subsection 3D(18)
Omit “Authority, to a member or acting member of the Authority, or to
a member of the staff of the Authority”, substitute “Chief Executive
Officer of the ACC, to an examiner, or to a member of the staff of the
ACC”.
169 Subsection 3D(20)
Repeal the subsection.
170 Subsection 3D(22)
Insert:
ACC means the Australian Crime Commission.
171 Subsection 3D(22)
Insert:
ACC Act means the Australian Crime Commission Act
2002.
172 Subsection 3D(22)
Insert:
ACC operation/investigation has the same meaning as in the
ACC Act.
173 Subsection 3D(22) (definition of acting
member)
Repeal the definition.
174 Subsection 3D(22) (definition of
Authority)
Repeal the definition.
175 Subsection 3D(22)
Insert:
Board of the ACC means the Board of the Australian Crime
Commission established under section 7B of the ACC Act.
176 Subsection 3D(22)
Insert:
examiner has the same meaning as in the ACC Act.
177 Subsection 3D(22) (definition of
Inter-Governmental Committee)
Omit “relevant Act”, substitute “ACC
Act”.
178 Subsection 3D(22) (definition of
member)
Repeal the definition.
179 Subsection 3D(22)
Insert:
member of the staff of the ACC has the same meaning as in the
ACC Act.
180 Subsection 3D(22) (definition of member
of the staff of the Authority)
Repeal the definition.
181 Subsection 3D(22) (definition of
prescribed information)
Repeal the definition.
182 Subsection 3D(22) (definition of
prescribed investigation)
Repeal the definition.
183 Subsection 3D(22) (definition of relevant
Act)
Repeal the definition.
184 Subsection 3D(22)
Insert:
special ACC operation/investigation has the same meaning as
in the ACC Act.
185 Subsection 3D(22) (definition of special
investigation)
Repeal the definition.
186 Subsection 3D(22) (definition of taxation
secrecy provision)
Omit “relevant Act”, substitute “ACC
Act”.
187 Subsection 3D(22) (definition of
tax-related investigation)
Omit “a prescribed investigation”, substitute “an ACC
operation/investigation”.
188 Section 7 (paragraph (c) of the
definition of agency)
Repeal the paragraph, substitute:
(c) the Australian Crime Commission; or
189 Subsection 282(10) (paragraph (c) of
the definition of criminal law-enforcement agency)
Repeal the paragraph, substitute:
(c) the Australian Crime Commission; or
Telecommunications
(Interception) Act 1979
190 Subsection 5(1)
Insert:
ACC means the Australian Crime Commission.
191 Subsection 5(1)
Insert:
ACC Act means the Australian Crime Commission Act
2002.
192 Subsection 5(1)
Insert:
ACC operation/investigation has the same meaning as in the
ACC Act.
193 Subsection 5(1) (definition of
Authority)
Repeal the definition.
194 Subsection 5(1) (definition of Authority
Act)
Repeal the definition.
195 Subsection 5(1)
Insert:
Board of the ACC means the Board of the Australian Crime
Commission established under section 7B of the ACC Act.
196 Subsection 5(1) (paragraph (b) of the
definition of certifying officer)
Repeal the paragraph, substitute:
(b) in the case of the ACC:
(i) the Chief Executive Officer of the ACC or an examiner; or
(ii) a member of the staff of the ACC who is an SES employee or acting SES
employee and is authorised in writing by the Chief Executive Officer of the ACC
for the purposes of this paragraph; or
197 Subsection 5(1) (paragraph (b) of the
definition of chief officer)
Repeal the paragraph, substitute:
(b) in the case of the ACC—the Chief Executive Officer of the ACC;
or
198 Subsection 5(1) (definition of class 1
offence)
Omit “Authority, includes an offence in relation to which the
Authority is conducting a special investigation within the meaning of the
Authority Act”, substitute “ACC, includes an offence in relation to
which the ACC is conducting a special investigation”.
199 Subsection 5(1) (paragraph (b) of the
definition of Commonwealth agency)
Repeal the paragraph, substitute:
(b) the ACC.
200 Subsection 5(1)
Insert:
examiner has the same meaning as in the ACC Act.
201 Subsection 5(1)
Insert:
federally relevant criminal activity has the same meaning as
in the ACC Act.
202 Subsection 5(1) (definition of member of
the Authority)
Repeal the definition.
203 Subsection 5(1)
Insert:
member of the staff of the ACC has the same meaning as in the
ACC Act.
204 Subsection 5(1) (definition of member of
the staff of the Authority)
Repeal the definition.
205 Subsection 5(1) (paragraph (b) of the
definition of officer)
Repeal the paragraph, substitute:
(b) in the case of the ACC—the Chief Executive Officer of the ACC,
an examiner or a member of the staff of the ACC; or
206 Subsection 5(1) (subparagraph (a)(v) of
the definition of permitted purpose)
Omit “Chair of the Authority”, substitute “Chief
Executive Officer of the ACC”.
207 Subsection 5(1) (after paragraph (a) of
the definition of permitted purpose)
Insert:
(aa) in the case of the ACC:
(i) an ACC operation/investigation; or
(ii) a report to the Board of the ACC on the outcome of such an operation
or investigation;
208 Subsection 5(1) (paragraph (a) of the
definition of prescribed investigation)
Repeal the paragraph, substitute:
(a) in the case of the ACC—means an ACC operation/investigation;
or
209 Subsection 5(1) (paragraph (b) of the
definition of relevant offence)
Omit “Authority”, substitute “ACC”.
210 Subsection 5(1)
Insert:
special investigation means an investigation into matters
relating to federally relevant criminal activity that the ACC is conducting and
that the Board of the ACC has determined to be a special
investigation.
211 Subparagraph
6A(1)(c)(i)
Omit “Authority”, substitute “ACC”.
212 Paragraph 6L(2)(a)
Omit “Authority”, substitute “ACC”.
213 Paragraph 35(1)(a)
Omit “Chair of the Authority”, substitute “Chief
Executive Officer of the ACC”.
214 Paragraph 39(2)(b)
Repeal the paragraph, substitute:
(b) in the case of the ACC:
(i) the Chief Executive Officer of the ACC or an examiner; or
(ii) a member of a police force who is a member of the staff of the ACC;
or
215 Paragraph 71(2)(d)
Repeal the paragraph, substitute:
(d) the Chief Executive Officer of the ACC.
216 Subsection 80(2)
Omit “Chair of the Authority shall cause to be kept in the
Authority’s records”, substitute “Chief Executive Officer of
the ACC must cause to be kept in the ACC’s records”.
217 Paragraph 80(2)(a)
Omit “Authority”, substitute “ACC”.
218 Paragraph 80(2)(d)
Omit “Authority”, substitute “ACC”.
219 Paragraph 80(2)(e)
Omit “Chair”, substitute “Chief Executive
Officer”.
220 Subsection 81(2)
Omit “Chair of the Authority shall”, substitute “Chief
Executive Officer of the ACC must”.
221 Paragraphs 81(2)(a), (b) and
(ba)
Omit “Authority”, substitute “ACC”.
222 Paragraph 81(2)(c)
Omit “Authority” (wherever occurring), substitute
“ACC”.
223 Paragraphs 81(2)(d) and
(e)
Omit “Authority”, substitute “ACC”.
224 Paragraph 81(2)(f)
Omit “Authority” (wherever occurring), substitute
“ACC”.
225 Section 3 (paragraph (b) of the
definition of approved authority)
Repeal the paragraph, substitute:
(b) the Chief Executive Officer of the Australian Crime Commission;
or
Part 2—Transitional
provisions
226 Transitional
regulations
(1) The Governor-General may make regulations prescribing matters of a
transitional nature (including prescribing any saving or application provisions)
arising out of the amendments made by this Schedule.
(2) Despite subsection 48(2) of the Acts Interpretation Act 1901,
regulations made under this item within 1 year after commencement of this item
may commence on a day earlier than the day on which they are made, but not
earlier than the commencement of this item.
Note: The operation of the amendments in this Schedule
depends on when the Proceeds of Crime Act 2002
commences.
Note: The amendments in this Part operate if section 3
of the Proceeds of Crime Act 2002 commences before 1 January
2003.
Australian Crime Commission
Act 2002
1 Subsection 4(1) (paragraph (d) of the
definition of serious and organised crime)
Omit “that is of a kind prescribed by the regulations or involves any
of the following:”, substitute “that is a serious offence within the
meaning of the Proceeds of Crime Act 2002, an offence of a kind
prescribed by the regulations or an offence that involves any of the
following:”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
2 Subsection 4(1) (after paragraph (d) of
the definition of serious and organised crime)
Insert:
and (da) that is:
(i) punishable by imprisonment for a period of 3 years or more;
or
(ii) a serious offence within the meaning of the Proceeds of Crimes Act
2002;
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
3 Subsection 4(1) (paragraph (f) of the
definition of serious and organised crime)
Omit “and”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
4 Subsection 4(1) (paragraph (g) of the
definition of serious and organised crime)
Repeal the paragraph.
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
5 Subsection 12(1B)
Omit “Where, in carrying out or co-ordinating an investigation in
relation to a relevant criminal activity, the Authority obtains evidence that
would be admissible in confiscation proceedings, it may”, substitute
“Where the ACC, in carrying out an ACC operation/investigation, obtains
evidence that would be admissible in confiscation proceedings, the CEO
may”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
6 Paragraph 61(2)(ea)
Omit “its investigations”, substitute “investigations by
the ACC”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences on or after 1 January 2003, this item does not commence at
all. See subsection 2(3).
Note: The amendments in this Part operate if section 3
of the Proceeds of Crime Act 2002 commences on or after 1 January
2003.
Australian Crime Commission
Act 2002
7 Subsection 4(1)
Insert:
confiscation proceeding means a proceeding under the
Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002,
or under a corresponding law within the meaning of either of those Acts, but
does not include a criminal prosecution for an offence under either of those
Acts or a corresponding law.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
8 Subsection 4(1) (paragraph (d) of the
definition of serious and organised crime)
Omit “that is of a kind prescribed by the regulations or involves any
of the following:”, substitute “that is a serious offence within the
meaning of the Proceeds of Crime Act 2002, an offence of a kind
prescribed by the regulations or an offence that involves any of the
following:”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
9 Subsection 4(1) (after paragraph (d) of
the definition of serious and organised crime)
Insert:
and (da) that is:
(i) punishable by imprisonment for a period of 3 years or more;
or
(ii) a serious offence within the meaning of the Proceeds of Crimes Act
2002;
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
10 Subsection 4(1) (paragraph (f) of the
definition of serious and organised crime)
Omit “and”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
11 Subsection 4(1) (paragraph (g) of the
definition of serious and organised crime)
Repeal the paragraph.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
12 After subsection 12(1)
Insert:
(1A) Where the ACC, in carrying out an ACC operation/investigation,
obtains evidence that would be admissible in confiscation proceedings, the CEO
may assemble the evidence and give it to:
(a) the Attorney-General of the Commonwealth or the State, as the case
requires; or
(b) a relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement authority) who
is authorised to commence the confiscation proceedings.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
13 Subsection 30(5)
Omit all the words from and including “other than a
proceeding”, substitute:
other than:
(c) confiscation proceedings; or
(d) a proceeding in respect of:
(i) in the case of an answer—the falsity of the answer; or
(ii) in the case of the production of a document—the falsity of any
statement contained in the document.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
14 After paragraph 61(2)(e)
Insert:
(ea) the extent to which investigations by the ACC have resulted in
confiscation proceedings;
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
Proceeds of Crime
(Consequential Amendments and Transitional Provisions) Act
2002
15 Heading before item 33 of
Schedule 6
Repeal the heading.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
16 Items 33 to 39 of
Schedule 6
Repeal the items.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).
Telecommunications
(Interception) Act 1979
17 Paragraph 6L(2)(a)
Omit “Authority”, substitute “ACC”.
Note: If section 3 of the Proceeds of Crime Act 2002
commences before 1 January 2003, this item does not commence at all.
See subsection 2(4).