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This legislation has been repealed.

NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991 - NOTES

Dictionary

(see s 2)

"Commonwealth Act "means the National Crime authority Act 1984 (Cwlth).

"Commonwealth Minister" means the Minister of State of the Commonwealth administering the Commonwealth Act.

"hearing" means a hearing for the purposes of a special investigation.

"registrar", in relation to a court, includes the proper officer, however described, of that court.

"special function" means a special function referred to in section 5 (5).

"special investigation" means an investigation that the authority is conducting in the exercise of its special functions.

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

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

cl = clause

pres = present

def = definition

prev = previous

dict = dictionary

(prev...) = previously

disallowed = disallowed by the Legislative

pt = part

Assembly

r = rule/subrule

div = division

reg = regulation/subregulation

exp = expires/expired

renum = renumbered

Gaz = Gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

National Crime Authority (Territory Provisions) Act 1991 No 75

notified 6 December 1991 (Gaz 1991 No S134)

s 1, s 2 commenced 6 December 1991 (s 2 (1))

remainder commenced 24 Jan 1992 (s 2 (2) and Gaz 1992 No S13)

as amended by

Acts Revision (Position of Crown) Act 1993 No 44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

commenced 27 August 1993 (s 2)

National Crime Authority (Territory Provisions) (Amendment) Act 1993 No 95

notified 24 December 1993 (Gaz 1993 No S267)

commenced 24 December 1993 (s 2)

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Statute Law Amendment Act 2001 No 11 sch 1

notified 29 March 2001 (Gaz 2001 No 13)

commenced 29 March 2001 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 253

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 253 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Jurisdiction of Courts Legislation Amendment Act 2001 No 71 sch 1 pt 4

notified LR 14 September 2001

commenced 14 September 2001 (s 2)

as repealed by

Australian Crime Commission (ACT) Act 2003 A2003-58 s 67

notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
s 67 commenced 17 June 2004 (s 2 and LA s 79)

4     Amendment history

Name of Act
s 1     sub 2001 No 71 amdt 1.29

Commencement
s 2     om 2001 No 11 amdt 1.6

Dictionary
s 3     def special investigation om 2001 No 71 amdt 1.30
    defs reloc to dict 2001 No 71 amdt 1.31
    sub 2001 No 71 amdt 1.32

Words and expressions used in Commonwealth Act
s 4     om 1993 No 44 sch 2
    ins 2001 No 71 amdt 1.33

Meaning of relevant offence
s 4A     ins 2001 No 71 amdt 1.33

Functions under Territory laws
s 5     am 2001 No 11 amdt 1.7

Exercise of functions
s 6 hdg     am 2001 No 71 amdt 1.34
s 6     am 2001 No 11 amdt 1.7; 2001 No 71 amdts 1.35-1.38

Members may have concurrent functions and powers under Territory laws
s 7     am 2001 No 71 amdts 1.39-1.43

Limitation on challenges to validity of references
s 8     am 2001 No 11 amdt 1.7

Cooperation with law enforcement agencies
s 9     am 2001 No 71 amdt 1.44

Incidental powers of authority
s 10     om 2001 No 71 amdt 1.45

Arrangements for authority to obtain information or intelligence
s 11     am 2001 No 11 amdt 1.7

Search warrants
s 12     am 1993 No 95 sch

Order for delivery to authority of passport of witness
s 14     am 1993 No 95 sch

Hearings
s 15     am 1993 No 95 sch; 1994 No 81 sch; 1998 No 54 sch; 2001 No 71 amdt 1.46

Power to summon witnesses and take evidence
s 16     am 1993 No 95 sch

Power to obtain documents
s 17     am 1994 No 81 sch; 1998 No 54 sch; 2001 No 71 amdt 1.47, amdt 1.48

Disclosure of notice or summons etc may be prohibited
s 17A     ins 1993 No 95 s 4

Offences of disclosure
s 17B     ins 1993 No 95 s 4
    am 1998 No 54 sch; 2001 No 71 amdt 1.49

Failure of witnesses to attend and answer questions
s 18     am 1994 No 81 sch; 1998 No 54 sch; 2001 No 71 amdt 1.50, amdt 1.51

Warrant for arrest of witness
s 19     am 1993 No 95 s 5

Claim of entitlement to refuse to answer question or produce document
s 20     am 1993 No 95 sch
    sub 2001 No 71 amdt 1.52

Applications to Supreme Court of a State
s 21     am 2001 No 11 amdt 1.7
    om 2001 No 71 amdt 1.53

False or misleading evidence
s 22     am 1994 No 81 sch; 1998 No 54 sch; 2001 No 71 amdt 1.54

Protection of witnesses
s 23     am 2001 No 11 amdt 1.7

Contempt of authority
s 24     am 1994 No 81 sch; 1998 No 54 sch
    sub 2001 No 71 amdt 1.55

Powers of acting members of authority
s 26     am 1993 No 95 sch

Administrative arrangements with Commonwealth
s 27     am 2001 No 11 amdt 1.7

Protection of members
s 28     am 2001 No 71 amdt 1.56

Secrecy
s 29     am 1994 No 81 sch; 2001 No 71 amdts 1.57-1.61

Report to be presented to Assembly
s 30     am 2001 No 11 amdt 1.7

Regulation-making power
s 31     sub 2001 No 44 amdt 1.2896

Dictionary
dict     ins 2001 No 71 amdt 1.62
    def Commonwealth Act reloc from s 3 2001 No 71 amdt 1.31
    def Commonwealth Minister reloc from s 3 2001 No 71 amdt 1.31
    def hearing reloc from s 3 2001 No 71 amdt 1.31
    def registrar reloc from s 3 2001 No 71 amdt 1.31
    def special function reloc from s 3 2001 No 71 amdt 1.31
    def special investigation ins 2001 No 71 amdt 1.62

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. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

Act 1993 No 95

31 December 1993

2

Act 1998 No 54

31 July 1999

3

A2001-71

21 February 2002


© Australian Capital Territory 2004

1991-7500.jpg
Australian Capital Territory

A1991-75

Republication No 4

Effective: 17 June 2004

Republication date: 17 June 2004

As repealed by A2003-58 s 67





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the National Crime Authority (Territory Provisions) Act 1991 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 17 June 2004.

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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

1991-7500.jpg
Australian Capital Territory

National Crime Authority (Territory Provisions) Act 1991 (repealed)


Endnotes

1991-7500.jpg
Australian Capital Territory

National Crime Authority (Territory Provisions) Act 1991 (repealed)




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