PARLIAMENTARY JOINT COMMITTEE ON LAW ENFORCEMENT BILL 2010

i Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

Extension to external Territories ........................................................ 4

Part 2--Joint Parliamentary Committee on Law Enforcement

5 Joint

Parliamentary

Committee

on Law Enforcement ....................... 5

6 Powers

and

proceedings of the Committee ........................................ 6

7 Functions

the Committee ............................................................... 6

Disclosure to Committee by CEO of the ACC .................................. 7

Disclosure to Committee by Commissioner of the AFP .................... 8

Ombudsman to brief Committee about controlled operations ........... 9

Part 3--Miscellaneous

11 Regulations

......................................................................................

Part 1 Preliminary

Section 2

2 Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010

2 Commencement

This Act commences on the day after this Act receives the Royal

Assent.

3 Definitions

In this Act:

ACC means the Australian Crime Commission established by

section 7 of the Australian Crime Commission Act 2002.

ACC operation/investigation has the same meaning as in the

Australian Crime Commission Act 2002.

AFP means the Australian Federal Police.

AFP appointee has the same meaning as in the Australian Federal

Police Act 1979.

AFP conduct or practices issue has the same meaning as in the

Australian Federal Police Act 1979.

CEO of the ACC means the Chief Executive Officer of the ACC.

intelligence operation has the same meaning as in the Australian

Crime Commission Act 2002.

law enforcement agency means:

(a) the ACC; or

(b) the AFP; or

(d) any other authority or person responsible for the enforcement

of the laws of the Commonwealth or of the States.

member means a member of the Committee.

member of the staff of the ACC has the same meaning as in the

Australian Crime Commission Act 2002.

relevant criminal activity has the same meaning as in the

Australian Crime Commission Act 2002.

Preliminary Part 1

Section 3

Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010 3

sensitive information means information that, if disclosed:

(a)

could

prejudice:

(i) the security, defence or international relations of

Australia; or

(ii) relations between the Commonwealth Government and

the Government of a State or between the Government

of a State and the Government of another State; or

(b)

would

disclose:

(i) deliberations or decisions of the Cabinet, or of a

Committee of the Cabinet, of the Commonwealth or of a

State; or

(ii) deliberations or decisions of the Australian Capital

Territory Executive or of a committee of that Executive;

(iii) deliberations or advice of the Federal Executive Council

or the Executive Council of a State or the Northern

Territory; or

identity of a confidential source of information in relation to:

(i) the enforcement of the criminal law of the

Commonwealth, a State or Territory or a foreign

country; or

(ii) an investigation relating to misconduct or alleged

misconduct by an AFP appointee; or

(iii) an investigation relating to misconduct or alleged

misconduct by a member of the staff of the ACC; or

(iv) an investigation into an AFP conduct or practices issue;

(v) an ACC operation/investigation (including an ACC

operation/investigation that has been concluded); or

(d) could endanger a person's life or physical safety; or

(e) could prejudice the protection of public safety; or

(f) could prejudice the fair trial of a person or the impartial

adjudication of a matter; or

(g) could prejudice the proper enforcement of the law or the

operations of law enforcement agencies; or

(h) could prejudice a person's reputation; or

Part 1 Preliminary

Section 4

4 Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010

(i) would disclose information the disclosure of which is

prohibited (absolutely or subject to qualifications) by or

under another law of the Commonwealth; or

(j) would unreasonably disclose personal information (within

the meaning of the Privacy Act 1988); or

(k) would unreasonably disclose confidential commercial

information.

State includes the Australian Capital Territory and the Northern

Territory.

the Committee means the Parliamentary Joint Committee on Law

Enforcement for the time being constituted under this Act.

4 Extension to external Territories

This Act extends to every external Territory.

Joint Parliamentary Committee on Law Enforcement Part 2

Section 5

Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010 5

Part 2--Joint Parliamentary Committee on Law

Enforcement

5 Joint Parliamentary Committee on Law Enforcement

(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

Law Enforcement, is to be appointed according to the practice of

the Parliament.

(2) The Committee is to consist of 10 members, namely, 5 members of

the Senate appointed by the Senate, and 5 members of the House of

Representatives appointed by that House.

(3) A member of the Parliament is not eligible for appointment as a

member of the Committee if he or she is:

(a) a Minister; or

(b) the President of the Senate; or

(4) A member ceases to hold office:

(a) when the House of Representatives expires by effluxion of

time or is dissolved; or

(b) if he or she becomes the holder of an office specified in any

of the paragraphs of subsection (3); or

Parliament by which he or she was appointed; or

(d) if he or she resigns his or her office as provided by

subsection (5) or (6).

(5) A member appointed by the Senate may resign his or her office by

writing signed by him or her and delivered to the President of the

Senate.

(6) A member appointed by the House of Representatives may resign

his or her office by writing signed by him or her and delivered to

the Speaker of that House.

Part 2 Joint Parliamentary Committee on Law Enforcement

Section 6

6 Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010

(7) Either House of the Parliament may appoint one of its members to

fill a vacancy amongst the members of the Committee appointed

by that House.

6 Powers and proceedings of the Committee

All matters relating to the powers and proceedings of the

Committee are to be determined by resolution of both Houses of

the Parliament.

7 Functions of the Committee

(1) The Committee has the following functions:

(a) to monitor and to review the performance by the ACC of its

functions;

(b) to report to both Houses of the Parliament, with such

comments as it thinks fit, upon any matter appertaining to the

ACC or connected with the performance of its functions to

which, in the opinion of the Committee, the attention of the

Parliament should be directed;

Parliament on any matter appearing in, or arising out of, any

such annual report;

(d) to monitor and to review the performance by the AFP of its

functions;

(e) to report to both Houses of the Parliament, with such

comments as it thinks fit, upon any matter appertaining to the

AFP or connected with the performance of its functions to

which, in the opinion of the Committee, the attention of the

Parliament should be directed;

(f) to examine each annual report on the AFP and report to the

Parliament on any matter appearing in, or arising out of, any

such annual report;

(g) to examine trends and changes in criminal activities,

practices and methods and report to both Houses of the

Parliament any change which the Committee thinks desirable

to the functions, structure, powers and procedures of the

ACC or the AFP;

Joint Parliamentary Committee on Law Enforcement Part 2

Section 8

Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010 7

(h) to inquire into any question in connection with its functions

which is referred to it by either House of the Parliament, and

to report to that House upon that question.

Note 1:

For the functions of the ACC, see section 7A of the Australian Crime

Commission Act 2002.

Note 2:

For the functions of the AFP, see section 8 of the Australian Federal

Police Act 1979.

(2) The functions of the Committee do not include:

(a) undertaking an intelligence operation or investigating a

matter relating to a relevant criminal activity; or

(b) reconsidering the findings of the ACC in relation to a

particular ACC operation/investigation (including an ACC

operation/investigation that has been concluded); or

methods available to the ACC or the AFP; or

(d) reviewing particular operations or investigations that have

been, are being or are proposed to be undertaken by the ACC

or the AFP; or

(e) reviewing information provided by, or by an agency of, a

foreign government where that government does not consent

to the disclosure of the information; or

(f) conducting inquiries into individual complaints about the

activities of the ACC or the AFP.

(3) To avoid doubt, the Committee may examine, and report to both

Houses of the Parliament on, information given to it under

section 8 or 9.

8 Disclosure to Committee by CEO of the ACC

(1) Subject to subsection (2), the CEO of the ACC:

(a) must comply with a request by the Committee to give the

Committee information in relation to an ACC

operation/investigation (including an ACC

operation/investigation that has been concluded); and

(b) must when requested by the Committee, and may at such

other times as the CEO thinks appropriate, inform the

Part 2 Joint Parliamentary Committee on Law Enforcement

Section 9

8 Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010

Committee concerning the general performance of the ACC's

functions.

(2) The CEO of the ACC may decide not to comply with the request if

the CEO is satisfied that:

(a) the information is sensitive information; and

(b) the public interest that would be served by giving the

information to the Committee is outweighed by the

prejudicial consequences that might result from giving the

information to the Committee.

(3) If the CEO of the ACC does not give information to the Committee

because of subsection (2), the Committee may refer the request to

the Minister responsible for the ACC.

(4) If the Committee refers the request to the Minister responsible for

the ACC, the Minister responsible for the ACC:

(a) must determine in writing whether:

(i) the information is sensitive information; and

(ii) if it is, whether the public interest that would be served

by giving the information to the Committee is

outweighed by the prejudicial consequences that might

result from giving the information to the Committee;

and

(b) must provide copies of that determination to the CEO of the

ACC and the Committee.

(5) The Minister responsible for the ACC is not required to disclose

his or her reasons for making a determination under subsection (4).

(6) A determination made by the Minister responsible for the ACC

under subsection (4) is not a legislative instrument.

9 Disclosure to Committee by Commissioner of the AFP

(1) Subject to subsection (2), the Commissioner of the AFP:

(a) must comply with a request by the Committee to give the

Committee information in relation to an investigation that the

AFP has conducted or is conducting; and

Joint Parliamentary Committee on Law Enforcement Part 2

Section 10

Parliamentary Joint Committee on Law Enforcement Bill 2010 No. , 2010 9

(b) must when requested by the Committee, and may at such

other times as the Commissioner thinks appropriate, inform

the Committee concerning the general performance of the

AFP's functions.

(2) The Commissioner of the AFP may decide not to comply with the

request if the Commissioner is satisfied that:

(a) the information is sensitive information; and

(b) the public interest that would be served by giving the

information to the Committee is outweighed by the

prejudicial consequences that might result from giving the

information to the Committee.

(3) If the Commissioner of the AFP does not give information to the

Committee because of subsection (2), the Committee may refer the

request to the Minister responsible for the AFP.

(4) If the Committee refers the request to the Minister responsible for

the AFP, the Minister responsible for the AFP:

(a) must determine in writing whether:

(i) the information is sensitive information; and

(ii) if it is, whether the public interest that would be served

by giving the information to the Committee is

outweighed by the prejudicial consequences that might

result from giving the information to the Committee;

and

(b) must provide copies of that determination to the

Commissioner of the AFP and the Committee.

(5) The Minister responsible for the AFP is not required to disclose his

or her reasons for making a determination under subsection (4).

(6) A determination made by the Minister responsible for the AFP

under subsection (4) is not a legislative instrument.

10 Ombudsman to brief Committee about controlled operations

(1) At least once in each calendar year the Ombudsman must provide a

briefing to the Committee about the involvement of the ACC and

Commonwealth of Australia Bills

PARLIAMENTARY JOINT COMMITTEE ON LAW ENFORCEMENT BILL 2010