Australian Capital Territory Current Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 - NOTES

(see s 3)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     corporation

              •     exercise

              •     fail

              •     function

              •     give

              •     in relation to

              •     judge

              •     law, of the Territory

              •     may

              •     under.

Note 3     Terms used in this Act have the same meaning that they have in the Australian Crime Commission Act 2002

(Cwlth) (see Legislation Act

, s 148). For example, the following terms are defined in the Australian Crime Commission Act 2002

(Cwlth), s 4:

              •     legal practitioner

              •     serious and organised crime

              •     State.

ACC Act means the Australian Crime Commission Act 2002

(Cwlth).

Note     That Act was originally known as the National Crime Authority Act 1984.

"ACC operation/investigation" means—

        (a)     an ACC Territory intelligence operation; or

        (b)     an ACC Territory investigation.

"ACC Territory" intelligence operation means an intelligence operation that the ACC is undertaking under section 8 (b) (Functions of ACC).

ACC Territory investigation means an investigation that the ACC is conducting under section 8 (a) (Functions of ACC).

"authority" includes an agency (however described) or body.

"board" means the Board of the ACC.

"committee" means the inter-governmental committee.

"Commonwealth body or person "means—

        (a)     the ACC; or

        (b)     the board; or

        (c)     the chair of the board; or

        (d)     a member of the board; or

        (e)     the inter-governmental committee; or

        (f)     the CEO; or

        (g)     a member of the staff of the ACC; or

        (h)     an examiner; or

              (i)     a judge of the Federal Court; or

        (j)     a judge of the Federal Circuit and Family Court of Australia (Division 2).

Commonwealth Minister means the Commonwealth Minister administering the ACC Act

.

intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.

"inter-governmental committee" means the Inter-Governmental Committee mentioned in the ACC Act

, section 8.

"issuing officer "means—

        (a)     a judge of the Federal Court; or

        (b)     a judge of the Supreme Court; or

Note     Judge is defined in the Legislation Act

to mean a resident judge, additional judge or acting judge under the Supreme Court Act 1933

(see Legislation Act

, dict, pt 1, def judge).

        (c)     a judge of the Federal Circuit and Family Court of Australia (Division 2).

judge of the Federal Circuit and Family Court of Australia (Division 2) means a person holding office as a judge of the Federal Circuit and Family Court of Australia (Division 2) (including the Chief Justice, Deputy Chief Justice and a Senior Judge) under the Federal Circuit and Family Court of Australia Act 2021

(Cwlth).

"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 an offence of a kind prescribed under the regulations or an offence that 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 1 or more of the matters mentioned in subparagraphs (i) to (xix); and

        (e)     that is punishable by imprisonment for a period of 3 years or longer;

but—

        (f)     does not include an offence committed in the course of a genuine dispute about matters relating to the relations of employees and employers by a party to the dispute, unless the offence is committed in relation to, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and

        (g)     does not include an offence the time for the bringing of a prosecution for which has ended.

"special ACC operation/investigation "means—

        (a)     an ACC Territory intelligence operation that the board has determined to be a special operation; or

        (b)     an ACC Territory investigation that the board has determined to be a special investigation.

"Territory Minister "means the Minister administering this Act.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Australian Crime Commission (ACT) Act 2003 A2003-58

notified LR 17 December 2003

s 1, s 2 commenced 17 December 2003 (LA s 75 (1))

remainder commenced 17 June 2004 (s 2 and LA s 79)

as amended by

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011

A2011-22 sch 1 pt 1.15

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.15 commenced 1 July 2011 (s 2 (1))

Crimes Legislation Amendment Act 2023

A2023-33 sch 1 pt 1.1, sch 2 pt 2.1

notified LR 6 September 2023

s 1, s 2 commenced 6 September 2023 (LA s 75 (1))

sch 1 pt 1.1, sch 2 pt 2.1 commenced 13 September 2023 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Offences against Act—application of Criminal Code etc
s 5     am A2023-33

amdt 1.1

CEO to manage ACC operations/investigations
s 9     am A2023-33

amdt 2.1

Power to obtain documents
s 23     am A2023-33

amdt 1.2

Failure of witnesses to attend and answer questions
s 26     am A2023-33

amdt 1.2

False or misleading evidence
s 28     am A2023-33

amdt 1.2

Functions of federal judicial officers
s 38     am A2023-33

amdt 2.2

Obstructing, hindering or disrupting ACC or an examiner
s 49     am A2023-33

amdt 1.2

Transitional provisions
pt 7 hdg     exp 17 June 2006 (s 69)

Transitional
div 7.1 hdg     exp 17 June 2006 (s 69)

Definitions for div 7.1
s 54     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Certain investigations taken to be special investigations
s 55     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Assembling and giving evidence obtained by the NCA
s 56     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Limitation on challenges to validity of references
s 57     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Arrangements to obtain information or intelligence
s 58     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Things seized under search warrant
s 59     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Directions about publication
s 60     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Disclosure of summons or notice
s 61     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Witness protection
s 62     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Administrative arrangements in relation to NCA
s 63     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Administrative arrangements under Witness Protection Act 1996
s 64     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Secrecy obligations
s 65     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Regulations modifying pt 7
s 66     exp 17 June 2005 (s 66 (2))

Repeals and consequential amendments
div 7.2 hdg     om LA s 89 (3)

Repeals
s 67     om LA s 89 (3)

Legislation amended—sch 1
s 68     om LA s 89 (3)

Miscellaneous
div 7.3 hdg     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Expiry of pt 7
s 69     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Declared law for Legislation Act, s 88
s 70     exp 17 June 2006 (s 69 (LA s 88 declaration applies))

Consequential amendments
sch 1     om LA s 89 (3)

Dictionary
dict     def authority sub A2011-22

amdt 1.57
    def Commonwealth body or person am A2023-33

amdt 2.3
    def federal magistrate om A2023-33

amdt 2.4
    def issuing officer am A2023-33

amdt 2.5
    def judge of the Federal Circuit and Family Court of Australia (Division 2) ins A2023-33

amdt 2.6

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 17 June 2004	17 June 2004– 17 June 2005	not amended	new Act
R2 18 June 2005	18 June 2005– 17 June 2006	not amended	commenced expiry
R3 18 June 2006	18 June 2006– 30 June 2011	not amended	commenced expiry
R4 1 July 2011	1 July 2011– 12 Sept 2023	A2011-22

amendments by A2011-22

6     Expired transitional or validating provisions

This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp' followed by the date of the expiry.

To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.

© Australian Capital Territory 2023

Australian Capital Territory

A2003-58

Republication No 5

Effective: 13 September 2023

Republication date: 13 September 2023

Last amendment made by A2023-33

This is a republication of the Australian Crime Commission (ACT) Act 2003

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 13 September 2023

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 September 2023

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

Australian Capital Territory

Australian Crime Commission (ACT) Act 2003

Endnotes56

Australian Capital Territory

Australian Crime Commission (ACT) Act 2003