New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 31

31 Application of Criminal Assets Recovery Act 1990

(1) The Criminal Assets Recovery Act 1990 applies to the Commission in the same way as it applies to the Crime Commission.

(2) Accordingly, references in that Act to the Crime Commission are taken to include references to the Commission, so that functions exercisable by the Crime Commission may be exercised by either body.

(3) The Commission may exercise a function under that Act only--

(a) after the Commission has consulted with the Crime Commission, or

(b) in conformity with an arrangement referred to in section 163 (3),

and must consider whether any such function should instead be exercised by the Crime Commission.

(4) Subsection (3) does not apply if the exercise of the function by the Commission under the Criminal Assets Recovery Act 1990 relates to an investigation by the Commission concerning Crime Commission officer misconduct.

(5) It is intended that the Commission will exercise a function under that Act only in connection with matters arising during or out of the Commission's investigations. However, this subsection does not provide any grounds for an appeal against or any other challenge to the exercise by the Commission of any such function.