Australian Capital Territory Current Acts

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AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 - SECT 45

Giving reports and information

    (1)     The chair of the board must keep the Commonwealth Minister informed of the general conduct of the ACC in the exercise of the ACC's functions under this Act.

    (2)     If the Commonwealth Minister requests the chair of the board to give the Commonwealth Minister information about a specific matter relating to the ACC's conduct in the exercise of its functions under this Act, the chair must give the Commonwealth Minister the information.

    (3)     Subject to subsection (4), if a State Minister who is a member of the inter-governmental committee asks the chair of the board for information about a specific matter relating to the ACC's conduct in the exercise of its functions under this Act, the chair must give the Minister the information.

    (4)     If the chair of the board considers that disclosure of information to the public could prejudice the safety or reputation of people or the operations of law enforcement agencies, the chair must not give the information under subsection (3).

    (5)     Subject to subsection (7), the chair of the board—

        (a)     must, when requested by the inter-governmental committee to give information to the committee about a specific matter relating to an ACC operation/investigation that the ACC has conducted or is conducting, comply with the request; and

        (b)     must, when requested by the inter-governmental committee to do so, and may at such other times as the chair of the board considers appropriate, tell the committee about the general conduct of the ACC in the exercise of the ACC's functions under this Act.

    (6)     Subject to subsection (7), the chair of the board must give the inter-governmental committee, for transmission to the governments represented on the committee, a report of the findings of any special ACC operation/investigation conducted by the ACC.

    (7)     The chair of the board must not give the inter-governmental committee any matter the disclosure of which to members of the public could prejudice the safety or reputation of people or the operations of law enforcement agencies and, if the findings of the ACC in an investigation include any such matter, the chair of the board must prepare a separate report in relation to the matter and give that report to the Territory Minister.

    (8)     The chair of the board may include in a report given under subsection (6) a recommendation that the report be presented to the Legislative Assembly.

    (9)     The CEO may give to—

        (a)     any law enforcement agency; or

        (b)     any foreign law enforcement agency; or

        (c)     any other Commonwealth, State or Territory authority prescribed under the regulations;

any information that has come into the ACC's possession under this Act and that is relevant to the activities of that agency or authority if—

        (d)     it appears to the CEO to be appropriate to do so; and

        (e)     to do so would not be contrary to a Commonwealth, State or Territory law that would otherwise apply.

    (10)     The CEO may, whenever it appears to the CEO to be appropriate to do so, give to authorities and people responsible for taking civil remedies by or on behalf of the Commonwealth or a State or a Territory any information that has come into the ACC's possession under this Act and that may be relevant for the purposes of taking such remedies in relation to matters connected with, or arising out of, offences against Commonwealth, State or Territory laws.

    (11)     If any information relating to the exercise of the functions of an authority of the Commonwealth or a State or the Administration of a Territory comes into the ACC's possession under this Act, the CEO may—

        (a)     give the information to the authority or Administration; and

        (b)     make any recommendations to the authority or Administration about the exercise of its functions that the CEO considers appropriate.

    (12)     A report under this Act that sets out any finding that an offence has been committed, or makes any recommendation for bringing a prosecution for an offence, must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for the offence.

    (13)     The CEO may give the Australian Security Intelligence Organisation any information that has come into the ACC's possession under this Act and that is relevant to security as defined in the Australian Security Intelligence Organisation Act 1979

(Cwlth), section 4, definition of security .



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