Australian Capital Territory Current Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 - SECT 37

    (1)     If the ACC, in carrying out an ACC operation/investigation, obtains evidence of an offence against a Commonwealth, State or Territory law that would be admissible in a prosecution for the offence, the CEO must assemble the evidence and give it to—

        (a)     the Attorney-General of the Commonwealth or a State, as the case requires; or

        (b)     the relevant law enforcement agency; or

        (c)     any person or authority (other than a law enforcement agency) who is authorised under a Commonwealth, State or Territory law to prosecute the offence.

    (2)     If 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 relevant 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 bring the confiscation proceedings.

    (3)     If, because of the exercise of any of the ACC's functions, the board considers that a recommendation should be made to the Commonwealth Minister or to the appropriate Minister of a participating State—

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

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

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

              (iii)     taxation, banking and financial frauds; and

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

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

        (b)     for reform of administrative practices; or

        (c)     for reform of administration of the courts in relation to trials of relevant offences;

the board may make the recommendation to the Commonwealth Minister, or to that State Minister, as the case may be.

    (4)     If the ACC has obtained particular information or intelligence in the course of exercising 1 or more of its functions, nothing in this Act is to be taken to prevent the ACC from making use of the information or intelligence in the exercise of any of its other functions.