Commonwealth Numbered Acts

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 12

12. (1) The Authority shall-

   (a)  in performing the functions referred to in paragraph 11 (1) (b) and in
        sub-section 11 (2), assemble any evidence of an offence against a law
        of the Commonwealth or of a Territory, or of an offence against a law
        of a State, that it obtains in the course of its investigations, being
        evidence that would be admissible in the prosecution of a person for
        that offence, and furnish that evidence to the Attorney-General of the
        Commonwealth or of the State or to the relevant
        law enforcement agency; and

   (b)  in performing the function referred to in paragraph 11 (1) (d),
        endeavour to ensure that any evidence of an offence against a law of
        the Commonwealth or of a Territory, or of an offence against a law of
        a State, that is obtained in the course of investigations of a kind
        referred to in that paragraph, being evidence that would be admissible
        in the prosecution of a person for that offence, is assembled and
        furnished to the Attorney-General of the Commonwealth or of the State
        or to the relevant law enforcement agency.

(2) The Authority shall, in performing its functions, co-operate and consult
with the Australian Bureau of Criminal Intelligence.

(3) Where, as a result of the performance of any of its functions, the
Authority considers that a recommendation should be made to the Commonwealth
Minister or to the appropriate Minister of the Crown of a participating State,
being a recommendation-

   (a)  for reform of the law relating to relevant offences, including-

        (i)    evidence and procedure applicable to the trials of relevant
               offences;

        (ii)   relevant offences in relation to, or involving, corporations;

        (iii)  taxation, banking and financial frauds;

        (iv)   reception by Australian courts of evidence obtained in foreign
               countries as to relevant offences; and

        (v)    maintenance and preservation of taxation, banking and financial
               records;

   (b)  for reform of administrative practices; or

   (c)  for reform of administration of the courts in relation to trials of
        relevant offences, the Authority may make the recommendation to
        the Commonwealth Minister, or to that Minister of the Crown of that
        State, as the case may be.

(4) In relation to the performance by the Authority of the functions referred
to in paragraph 11 (1) (b) and sub-section 11 (2), nothing in this Act (other
than section 28)-

   (a)  shall be taken to confer on a member, or on a member of the staff of
        the Authority (other than a member of the Australian Federal Police or
        a member of the Police Force of a State), power to interview a person
        in relation to an offence that the person is suspected of having
        committed, except in a case where the person has been served, as
        prescribed, with a summons to appear as a witness at a hearing before
        the Authority and has not yet so appeared; or

   (b)  shall be taken to confer on a member of the staff of the Authority who
        is a member of the Australian Federal Police or of the Police Force of
        a State a power to interview a person that the
        member of the staff of the Authority does not have in his capacity as
        a member of the Australian Federal Police or of the Police Force of
        that State, as the case may be.

(5) Nothing in paragraph (4) (a) shall be taken to affect a power of a member,
or of a member of the staff of the Authority, to interview a person otherwise
than in relation to an offence that the person is suspected of having
committed.

(6) Where the Authority has obtained particular information or intelligence in
the course of performing one or more of its functions, nothing in this Act
shall be taken to prevent the Authority from making use of the information or
intelligence in the performance of any of its other functions.