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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 59

Providing reports and information to members of Parliament

Information for Minister

  (1)   The Chair of the Board and the CEO must keep the Minister informed of the general conduct of the ACC in the performance of the ACC's functions. If the Minister requests the Chair or the CEO to provide to him or her information concerning a specific matter relating to the ACC's conduct in the performance of its functions, the Chair or the CEO (as the case requires) must comply with the request.

Note:   This section is subject to any relevant direction given under subsection   25A(9) (see section   59AC).

Information for Inter - Governmental Committee

  (1A)   Subject to subsection   (2), if a Minister of the Crown of a State who is a member of the Inter - Governmental Committee requests the Chair of the Board or the CEO to provide him or her with information concerning a specific matter relating to the ACC's conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board or the CEO (as the case requires) must comply with the request.

  (2)   If the Chair of the Board or the CEO (as the case requires) considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, he or she must not provide the information under subsection   (1A).

  (3)   Subject to subsection   (5), the Chair of the Board or the CEO:

  (a)   shall, when requested by the Inter - Governmental Committee to furnish information to the Committee concerning a specific matter relating to a special ACC operation/investigation that the ACC has conducted or is conducting, comply with the request; and

  (b)   shall when requested by the Inter - Governmental Committee to do so, and may at such other times as the Chair of the Board or the CEO thinks appropriate, inform the Committee concerning the general conduct of the operations of the ACC.

  (4)   Subject to subsection   (5), the Chair of the Board shall furnish to 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.

  (5)   The Chair of the Board or the CEO (as the case requires) shall not furnish to the Inter - Governmental Committee any matter the disclosure of which to members of the public could prejudice the safety or reputation of persons 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 shall prepare a separate report in relation to the matter and furnish that report to the Minister.

  (6)   The Chair of the Board may include in a report furnished under subsection   (4) a recommendation that the report be laid before each House of the Parliament.

Information for members of Parliament

  (7)   The Chair of the Board or the CEO may inform one or more of the following persons of the general conduct of the operations of the ACC if the Chair or the CEO (as the case requires) considers that it is in the public interest to do so:

  (a)   a member of either House of the Parliament;

  (b)   a member of the Parliament of a State.

Note:   A reference to the Parliament of a State includes a reference to the Legislative Assemblies of the Australian Capital Territory and the Northern Territory (see paragraph   4(3)(a)).



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