Australian Capital Territory Numbered Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 (NO. 58 OF 2003) - NOTES

Dictionary

(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 a department, agency 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 federal magistrate.

Commonwealth Minister means the Commonwealth Minister administering the ACC Act.

federal magistrate means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the Federal Magistrates Act 1999 (Cwlth).

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 federal magistrate.

"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.

I certify that the above is a true copy of the Australian Crime Commission (ACT) Bill 2003 which was passed by the Legislative Assembly on 9 December 2003.

Clerk of the Legislative Assembly

© Australian Capital Territory 2003

Australian Capital Territory

Australian Capital Territory

Australian Crime Commission (ACT) Act 2003

A2003-58