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AUSTRALIAN CRIME COMMISSION ESTABLISHMENT ACT 2002 - SCHEDULE 2

Other amendments

Part   1 -- Amendments

Archives Act 1983

1   Paragraph 33(1A)(a)

Omit "National Crime Authority", substitute "Australian Crime Commission".

Australian Security Intelligence Organisation Act 1979

2   Paragraph 18(3)(a)

Omit "a member, or a member of the staff, of the National Crime Authority", substitute "the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC".

3   Subparagraph 18(3)(b)(vi)

Repeal the subparagraph, substitute:

  (vi)   the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC.

4   At the end of section   18

Add:

  (6)   In this section:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

Crimes Act 1914

5   Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission.

6   Subsection 3(1)

Insert:

"ACC authorising officer" has the meaning given in subsection 15J(4).

7   Subsection 3(1) ( paragraph   ( b) of the definition of appropriate authorising officer )

Omit "NCA authorising officer" (wherever occurring), substitute "ACC authorising officer".

8   Subsection 3(1) ( paragraph   ( c) of the definition of law enforcement officer )

Repeal the paragraph, substitute:

  (c)   a member of the staff of the ACC;

9   Subsection 3(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

10   Subsection 3(1) (definition of NCA authorising officer )

Repeal the definition.

11   Subparagraph 15G(1)(b)(i)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

12   Paragraph 15J(2)(c)

Omit "National Crime Authority", substitute "ACC".

13   Paragraph 15J(2)(c)

Omit "NCA authorising officer", substitute "ACC authorising officer".

14   Subsection 15J(4)

Repeal the subsection, substitute:

  (4)   The following are ACC authorising officers :

  (a)   the Chief Executive Officer of the ACC;

  (b)   a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.

15   Paragraph 15N(2A)(b)

Repeal the paragraph, substitute:

  (b)   the Chief Executive Officer of the ACC;

16   Subsection 15OA(2)

Omit "NCA authorising officer" (wherever occurring), substitute "ACC authorising officer".

17   Subsection 15OA(4)

Omit "NCA authorising officer", substitute "ACC authorising officer".

18   Paragraph 15OA(5)(b)

Omit "NCA authorising officer", substitute "ACC authorising officer".

19   Paragraph 15Q(1)(a)

Omit "NCA authorising officer", substitute "ACC authorising officer".

20   Subsection 15R(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

21   Paragraph 15R(2)(a)

Omit "NCA authorising officer", substitute "ACC authorising officer".

22   Subsection 15T(4)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

23   Subsection 15U(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

24   Paragraph 15UA(1)(b)

Repeal the paragraph, substitute:

  (b)   the Chief Executive Officer of the ACC;

25   Subsection 15UA(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

26   Paragraph 15UB(1)(a)

Omit "National Crime Authority", substitute "ACC".

27   Paragraph 15UB(1)(b)

Omit "National Crime Authority", substitute "ACC".

28   Subsection 15XA(1) ( paragraph   ( c) of the definition of Commonwealth participating agency )

Repeal the paragraph, substitute:

  (c)   the ACC;

29   Section   85ZL ( paragraph   ( c) of the definition of law enforcement agency )

Repeal the paragraph, substitute:

  (c)   the ACC;

30   Section   85ZL ( paragraph   ( d) of the definition of law enforcement agency )

Repeal the paragraph.

Criminal Code Act 1995

31   Section   146.1 ( paragraph   ( b) of the definition of Commonwealth law enforcement officer )

Repeal the paragraph, substitute:

  (b)   a member of the Board of the Australian Crime Commission established under section   7B of the Australian Crime Commission Act 2002 ; or

  (ba)   an examiner (within the meaning of that Act); or

32   Section   146.1 ( paragraph   ( c) of the definition of Commonwealth law enforcement officer )

Repeal the paragraph, substitute:

  (c)   a member of the staff of the ACC (within the meaning of that Act); or

Customs Act 1901

33   Subsection 219A(1)

Insert:

"ACC" means the Australian Crime Commission.

34   Subsection 219A(1) ( paragraph   ( a) of the definition of chief officer )

Repeal the paragraph, substitute:

  (a)   where the agency is the ACC--the Chief Executive Officer of the ACC; and

35   Subsection 219A(1) (definition of Commonwealth law enforcement agency )

Omit "National Crime Authority", substitute "ACC".

36   Subsection 219A(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

37   Subsection 219A(1) ( paragraph   ( a) of the definition of official )

Repeal the paragraph, substitute:

  (a)   where the agency is the ACC--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC; and

38   Paragraph 219B(4A)(a)

Repeal the paragraph, substitute:

  (a)   where the agency is the ACC--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of a police force who is a member of the staff of the ACC; and

Customs Administration Act 1985

39   Subsection 16(1A) ( paragraph   ( b) of the definition of Commonwealth agency )

Omit "and".

40   Subsection 16(1A) ( paragraph   ( c) of the definition of Commonwealth agency )

Repeal the paragraph.

Financial Transaction Reports Act 1988

41   Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission.

42   Subsection 3(1) (definition of acting member of the NCA )

Repeal the definition.

43   Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence )

Repeal the definition.

44   Subsection 3(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section   7B of the Australian Crime Commission Act 2002 .

45   Subsection 3(1)

Insert:

"examiner" has the same meaning as in the Australian Crime Commission Act 2002 .

46   Subsection 3(1) (definition of Inter - Governmental Committee )

Omit "NCA Act", substitute " Australian Crime Commission Act 2002 ".

47   Subsection 3(1) (definition of member of the NCA )

Repeal the definition.

48   Subsection 3(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

49   Subsection 3(1) (definition of member of the staff of the NCA )

Repeal the definition.

50   Subsection 3(1) (definition of NCA )

Repeal the definition.

51   Subsection 3(1) (definition of NCA Act )

Repeal the definition.

52   Subsection 16(6) (definition of investigating officer )

Omit "a member, or member of staff, of the NCA", substitute "an examiner or a member of the staff of the ACC".

53   Subsection 16(6) ( paragraph   ( b) of the definition of relevant authority )

Repeal the paragraph, substitute:

  (b)   the Chief Executive Officer of the ACC; or

54   Paragraph 26(1)(c)

Repeal the paragraph, substitute:

  (c)   where the officer is an examiner or a member of the staff of the ACC--the Chief Executive Officer of the ACC; or

55   Subsection 27(1A)

Omit "the Australian Bureau of Criminal Intelligence and".

56   Subsection 27(1A)

Omit "the Bureau or the Commission (as the case requires)", substitute "the Commission".

57   Subsection 27(5)

Omit "NCA obtains FTR information", substitute "Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information".

58   Before paragraph 27(5)(a)

Insert:

  (aaa)   the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and

59   Paragraph 27(5)(a)

Omit "NCA may", substitute "Chair of the Board of the ACC may".

60   Paragraph 27(5)(a)

Omit "NCA under subsection 59(4) of the NCA Act", substitute "Chair under subsection 59(4) of the Australian Crime Commission Act 2002 ".

61   Paragraph 27(5)(aa)

Omit "NCA may", substitute "Chair of the Board of the ACC may".

62   Paragraph 27(5)(aa)

Omit "National Crime Authority under subsection 59(6A) of the NCA Act", substitute "Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002 ".

63   After paragraph 27(5)(aa)

Insert:

  (ab)   the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division   2 of Part   II of the Australian Crime Commission Act 2002 ; and

64   Paragraph 27(5)(b)

Repeal the paragraph, substitute:

  (b)   an examiner may divulge the information in the course of such an examination before the examiner; and

65   Paragraph 27(5)(c)

Omit "the NCA may", substitute "an examiner or a member of the staff of the ACC may".

66   Paragraph 27(5)(d)

Omit " paragraphs   ( a), (aa), (b) and (c), the NCA", substitute " paragraphs   ( aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC".

67   Subparagraph 27(6)(a)(i)

Omit "NCA", substitute "Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC".

68   Subparagraph 27(6)(a)(i)

Omit "its functions", substitute "the ACC's functions".

69   Subsection 27(9)

Omit "NCA", substitute "Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC".

70   Subsection 27(10)

Omit "the NCA", substitute "an examiner".

71   Paragraph 27(14)(a)

Omit "NCA", substitute "ACC".

72   Paragraph 27(15)(a)

Repeal the paragraph, substitute:

  (a)   the Chief Executive Officer of the ACC;

73   Paragraph 27(15)(b)

Repeal the paragraph, substitute:

  (b)   an examiner or a member of the staff of the ACC;

74   Paragraphs 27(15)(c) and (d)

Repeal the paragraphs.

75   Paragraph 27(16)(g)

Repeal the paragraph.

76   Paragraph 27(17)(s)

Repeal the paragraph.

Human Rights and Equal Opportunity Commission Act 1986

77   Paragraph 24(2)(b)

Omit "National Crime Authority", substitute "Australian Crime Commission".

National Crime Authority Legislation Amendment Act 2001

78   Subsection 4(1)

After "(the NCA Act )", insert "and the Australian Crime Commission Act 2002 (the ACC Act )".

79   Paragraph 4(4)(a)

After "Authority", insert "and the Australian Crime Commission".

80   Subsection 4(5)

After "NCA Act", insert "and the ACC Act".

81   After subsection 4(7)

Insert:

  (7A)   The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.

82   Subsection 4(8)

Omit "that Act" (wherever occurring), substitute "the NCA Act".

83   After subsection 4(8)

Insert:

  (8A)   The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section   51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:

  (a)   divulging or communicating information to the responsible person;

  (b)   recording information;

  (c)   providing a record of information to the responsible person.

Ombudsman Act 1976

84   Subsection 3(1)

Insert:

"ACC" means the Australian Crime Commission established under section   7 of the Australian Crime Commission Act 2002 .

85   Subsection 3(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section   7B of the Australian Crime Commission Act 2002 .

86   Subsection 3(1) (definition of law enforcement agency )

Omit " National Crime Authority Act 1984 ", substitute " Australian Crime Commission Act 2002 ".

87   Subsection 3(1) (definition of National Crime Authority )

Repeal the definition.

88   Subsection 3(13A)

Omit "National Crime Authority", substitute "ACC".

89   Paragraph 5(2)(b)

Omit "other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority".

90   Subparagraph 6A(1)(a)(i)

Omit "National Crime Authority", substitute "ACC".

Note:   The heading to section   6A is altered by omitting " National Crime Authority " and substituting " ACC ".

91   Subsection 8B(1)

Omit "National Crime Authority, or a member of the staff of the Authority,", substitute "ACC, or a member of the staff of the ACC,".

Note:   The heading to section   8B is altered by omitting " National Crime Authority " and substituting " ACC ".

92   Subsection 8B(8)

Repeal the subsection, substitute:

  (8)   In this section:

"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .

93   Paragraph 9(3)(e)

Omit "National Crime Authority", substitute "ACC or the Board of the ACC".

94   Subsection 35B(1)

Omit "disclosure of certain NCA information", substitute "disclosure of certain ACC information".

Note:   The heading to section   35B is altered by omitting " NCA " and substituting " ACC ".

95   Paragraph 35B(1)(c)

Repeal the paragraph, substitute:

  (c)   the proper performance of the functions of the ACC; or

96   Subsection 35B(1)

Omit "disclose the NCA information", substitute "disclose the ACC information".

97   Subsection 35B(2)

Insert:

"ACC information" means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.

98   Subsection 35B(2) (definition of NCA information )

Repeal the definition.

Privacy Act 1988

99   Subsection 6(1)

Insert:

"ACC" means the Australian Crime Commission.

100   Subsection 6(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section   7B of the Australian Crime Commission Act 2002 .

101   Subsection 6(1) ( paragraph   ( b) of the definition of enforcement body )

Repeal the paragraph, substitute:

  (b)   the ACC; or

102   Subparagraph 7(1)(a)(iv)

Repeal the subparagraph, substitute:

  (iv)   the ACC; or

103   Paragraph 7(1)(h)

Repeal the paragraph, substitute:

  (h)   the ACC or the Board of the ACC.

104   Paragraph 7(2)(c)

Repeal the paragraph, substitute:

  (c)   the ACC or the Board of the ACC.

105   Subsection 18K(5) (note)

Omit " National Crime Authority Act 1984 ", substitute " Australian Crime Commission Act 2002 ".

106   Paragraph 70(2)(b)

Omit "National Crime Authority", substitute "ACC".

Proceeds of Crime Act 1987

107   Subsection 4(1)

Insert:

"ACC" means the Australian Crime Commission.

108   Subsection 4(1) (definition of law enforcement authority )

Omit "National Crime Authority", substitute "ACC".

109   Paragraph 39(2)(b)

Omit "a special investigation being conducted by the National Crime Authority", substitute "a special ACC operation/investigation".

110   Subsection 39(2)

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

111   Subsection 39(3)

Repeal the subsection, substitute:

  (3)   In this section:

"special ACC operation/investigation" has the same meaning as in the Australian Crime Commission Act 2002 .

112   Subsection 40(10) ( paragraph   ( b) of the definition of responsible custodian )

Omit "Chair of the National Crime Authority", substitute "Chief Executive Officer of the ACC".

113   At the end of paragraph 74(1)(a)

Add "or".

114   Paragraph 74(1)(b)

Repeal the paragraph, substitute:

  (b)   if the order specifies the ACC as the law enforcement authority to which information is to be given--the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act); or

115   Subparagraph 74(2)(a)(i)

Omit "or a member, or member of staff, of the National Crime Authority", substitute "or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC (within the meaning of that Act)".

Proceeds of Crime Act 2002

116   Paragraph 213(3)(d)

Repeal the paragraph, substitute:

  (d)   the Chief Executive Officer of the Australian Crime Commission; or

  (e)   an examiner (within the meaning of the Australian Crime Commission Act 2002 ).

117   Section   338 ( paragraph   ( b) of the definition of authorised officer )

Repeal the paragraph, substitute:

  (b)   any of the following:

  (i)   the Chief Executive Officer of the Australian Crime Commission;

  (ii)   an examiner (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission;

  (iii)   a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or

Radiocommunications Act 1992

118   Paragraph 27(1)(bc)

Repeal the paragraph, substitute:

  (bc)   the Australian Crime Commission established by section   7 of the Australian Crime Commission Act 2002 ; or

Retirement Savings Accounts Act 1997

119   Subparagraph 114(3)(c)(ii)

Repeal the subparagraph, substitute:

  (ii)   the Chief Executive Officer of the Australian Crime Commission; or

Royal Commissions Act 1902

120   Section   1B (definition of Australian Bureau of Criminal Intelligence )

Repeal the definition.

121   Paragraph 6P(1)(da)

Repeal the paragraph.

122   Subsection 6P(2A)

Omit "an investigation being conducted by the National Crime Authority", substitute "the performance of the functions of the Australian Crime Commission".

123   Subsection 6P(2A)

Omit "to the National Crime Authority", substitute "to the Chief Executive Officer of the Australian Crime Commission".

Superannuation Industry (Supervision) Act 1993

124   Subparagraph 284(3)(c)(ii)

Repeal the subparagraph, substitute:

  (ii)   the Chief Executive Officer of the Australian Crime Commission; or

Taxation Administration Act 1953

125   Subsection 2(1) ( paragraph   ( d) of the definition of head )

Repeal the paragraph, substitute:

  (d)   in the case of the Australian Crime Commission--the Chief Executive Officer of the Commission;

126   Subsection 2(1) ( paragraph   ( daa) of the definition of head )

Repeal the paragraph.

127   Subsection 2(1) ( paragraph   ( d) of the definition of law enforcement agency )

Repeal the paragraph, substitute:

  (d)   the Australian Crime Commission;

128   Subsection 2(1) ( paragraph   ( daa) of the definition of law enforcement agency )

Repeal the paragraph.

129   Subsection 3D(1)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

Note:   The heading to section   3D is altered by omitting " National Crime Authority " and substituting " Australian Crime Commission ".

130   Subsection 3D(2)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

131   Subsection 3D(3)

Repeal the subsection.

132   Subsection 3D(4)

Omit "the Authority is conducting a special investigation and", substitute "a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC".

133   Subsection 3D(4)

Omit "investigation, a member or acting member", substitute "operation or investigation, the Chief Executive Officer of the ACC".

134   Paragraph 3D(5)(a)

Omit "special investigation", substitute "operation or investigation".

135   Subsection 3D(6)

Omit "A member or acting member", substitute "The Chief Executive Officer of the ACC".

136   Paragraph 3D(7)(a)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

137   Paragraph 3D(7)(b)

Omit "Authority from", substitute "Chief Executive Officer of the ACC from".

138   Paragraph 3D(7)(b)

Omit "Authority is", substitute "Chief Executive Officer of the ACC is".

139   Paragraph 3D(7)(b)

Omit "a member or acting member", substitute "the Chief Executive Officer of the ACC".

140   Paragraph 3D(7)(b)

Omit "Commissioner or to the Authority", substitute "Commissioner or to the Chief Executive Officer of the ACC".

141   Paragraph 3D(8)(b)

Omit "special investigation", substitute "operation or investigation".

142   Subparagraph 3D(8)(c)(i)

Omit "special investigation", substitute "operation or investigation".

143   Subparagraph 3D(8)(c)(ii)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

144   Subsection 3D(9)

Omit "a special investigation is readily obtainable by the Authority", substitute "an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC".

145   Subsection 3D(9)

Omit "the investigation that may result if the Authority", substitute "the operation or investigation that may result if the Chief Executive Officer of the ACC".

146   Paragraph 3D(10)(b)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

147   Subsection 3D(11)

After "Subject to subsections   ( 12) and (13), where", insert "information is communicated to the Chief Executive Officer of the ACC under".

148   Paragraphs 3D(11)(a) and (b)

Repeal the paragraphs, substitute:

  (a)   subsection   ( 1) or (2); or

  (b)   an order made under subsection   ( 7);

149   Before paragraph 3D(11)(c)

Insert:

  (ba)   the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC;

150   Paragraph 3D(11)(c)

Omit "Authority may", substitute "Chair of the Board of the ACC may".

151   Paragraph 3D(11)(c)

Omit "Authority under subsection 59(4) of the relevant Act", substitute "Chair under subsection 59(4) of the ACC Act".

152   After paragraph 3D(11)(c)

Insert:

  (ca)   the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division   2 of Part   II of the ACC Act;

153   Paragraph 3D(11)(d)

Repeal the paragraph, substitute:

  (d)   an examiner may divulge the information in the course of such an examination before the examiner;

154   Paragraph 3D(11)(e)

Omit "Authority may", substitute "Chief Executive Officer of the ACC may".

155   Paragraph 3D(11)(e)

Omit "Authority is", substitute "Chief Executive Officer of the ACC is".

156   Paragraph 3D(11)(f)

Repeal the paragraph, substitute:

  (f)   subject to paragraphs   ( ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with:

  (i)   in a case where paragraph   ( a) applies--a tax - related investigation; or

  (ii)   in a case where paragraph   ( b) applies--a special ACC operation/investigation;

157   Paragraph 3D(11)(g)

Omit "a member or acting member shall", substitute "the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must".

158   Paragraph 3D(11)(j)

Omit "a person of a kind referred to in subparagraph   ( f)(i), (ii) or (iii)", substitute "a member of the staff of the ACC".

159   Subparagraph 3D(11)(j)(i)

Omit "such person, or to the Authority,", substitute "member of the staff of the ACC, or to an examiner,".

160   Sub - subparagraph 3D(11)(j)(i)(A)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

161   Sub - subparagraph 3D(11)(j)(i)(B)

Omit "Authority", substitute "Chief Executive Officer of the ACC".

162   Sub - subparagraph 3D(11)(j)(i)(B)

Omit "a special investigation", substitute "a special ACC operation/investigation".

163   Sub - subparagraph 3D(11)(j)(i)(C)

Repeal the sub - subparagraph.

164   Subsection 3D(13)

Omit "the Authority", substitute "an examiner".

165   Subsection 3D(16)

Repeal the subsection, substitute:

  (16)   If information is communicated to the Chief Executive Officer of the ACC under subsection   ( 1) or (2) or under an order made under subsection   ( 7), then nothing in subsection   ( 11), (14), (15) or (17) prohibits:

  (a)   the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or

  (b)   if the information is admissible in a prosecution of a person for a taxation offence--the communication of the information to a court in the course of proceedings before that court against the last - mentioned person for that offence.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   ( 16), see subsection 13.3(3) of the Criminal Code .

166   Subsection 3D(17)

Omit " paragraph   ( 16)(c)", substitute " paragraph   ( 16)(a)".

167   Subsection 3D(18)

Omit "relevant Act", substitute "ACC Act".

168   Subsection 3D(18)

Omit "Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority", substitute "Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC".

169   Subsection 3D(20)

Repeal the subsection.

170   Subsection 3D(22)

Insert:

"ACC" means the Australian Crime Commission.

171   Subsection 3D(22)

Insert:

"ACC Act" means the Australian Crime Commission Act 2002 .

172   Subsection 3D(22)

Insert:

"ACC operation/investigation" has the same meaning as in the ACC Act.

173   Subsection 3D(22) (definition of acting member )

Repeal the definition.

174   Subsection 3D(22) (definition of Authority )

Repeal the definition.

175   Subsection 3D(22)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section   7B of the ACC Act.

176   Subsection 3D(22)

Insert:

"examiner" has the same meaning as in the ACC Act.

177   Subsection 3D(22) (definition of Inter - Governmental Committee )

Omit "relevant Act", substitute "ACC Act".

178   Subsection 3D(22) (definition of member )

Repeal the definition.

179   Subsection 3D(22)

Insert:

"member of the staff of the ACC" has the same meaning as in the ACC Act.

180   Subsection 3D(22) (definition of member of the staff of the Authority )

Repeal the definition.

181   Subsection 3D(22) (definition of prescribed information )

Repeal the definition.

182   Subsection 3D(22) (definition of prescribed investigation )

Repeal the definition.

183   Subsection 3D(22) (definition of relevant Act )

Repeal the definition.

184   Subsection 3D(22)

Insert:

"special ACC operation/investigation" has the same meaning as in the ACC Act.

185   Subsection 3D(22) (definition of special investigation )

Repeal the definition.

186   Subsection 3D(22) (definition of taxation secrecy provision )

Omit "relevant Act", substitute "ACC Act".

187   Subsection 3D(22) (definition of tax - related investigation )

Omit "a prescribed investigation", substitute "an ACC operation/investigation".

Telecommunications Act 1997

188   Section   7 ( paragraph   ( c) of the definition of agency )

Repeal the paragraph, substitute:

  (c)   the Australian Crime Commission; or

189   Subsection 282(10) ( paragraph   ( c) of the definition of criminal law - enforcement agency )

Repeal the paragraph, substitute:

  (c)   the Australian Crime Commission; or

Telecommunications (Interception) Act 1979

190   Subsection 5(1)

Insert:

"ACC" means the Australian Crime Commission.

191   Subsection 5(1)

Insert:

"ACC Act" means the Australian Crime Commission Act 2002 .

192   Subsection 5(1)

Insert:

"ACC operation/investigation" has the same meaning as in the ACC Act.

193   Subsection 5(1) (definition of Authority )

Repeal the definition.

194   Subsection 5(1) (definition of Authority Act )

Repeal the definition.

195   Subsection 5(1)

Insert:

"Board of the ACC" means the Board of the Australian Crime Commission established under section   7B of the ACC Act.

196   Subsection 5(1) ( paragraph   ( b) of the definition of certifying officer )

Repeal the paragraph, substitute:

  (b)   in the case of the ACC:

  (i)   the Chief Executive Officer of the ACC or an examiner; or

  (ii)   a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or

197   Subsection 5(1) ( paragraph   ( b) of the definition of chief officer )

Repeal the paragraph, substitute:

  (b)   in the case of the ACC--the Chief Executive Officer of the ACC; or

198   Subsection 5(1) (definition of class 1 offence )

Omit "Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act", substitute "ACC, includes an offence in relation to which the ACC is conducting a special investigation".

199   Subsection 5(1) ( paragraph   ( b) of the definition of Commonwealth agency )

Repeal the paragraph, substitute:

  (b)   the ACC.

200   Subsection 5(1)

Insert:

"examiner" has the same meaning as in the ACC Act.

201   Subsection 5(1)

Insert:

"federally relevant criminal activity" has the same meaning as in the ACC Act.

202   Subsection 5(1) (definition of member of the Authority )

Repeal the definition.

203   Subsection 5(1)

Insert:

"member of the staff of the ACC" has the same meaning as in the ACC Act.

204   Subsection 5(1) (definition of member of the staff of the Authority )

Repeal the definition.

205   Subsection 5(1) ( paragraph   ( b) of the definition of officer )

Repeal the paragraph, substitute:

  (b)   in the case of the ACC--the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or

206   Subsection 5(1) ( subparagraph   ( a)(v) of the definition of permitted purpose )

Omit "Chair of the Authority", substitute "Chief Executive Officer of the ACC".

207   Subsection 5(1) (after paragraph   ( a) of the definition of permitted purpose )

Insert:

  (aa)   in the case of the ACC:

  (i)   an ACC operation/investigation; or

  (ii)   a report to the Board of the ACC on the outcome of such an operation or investigation;

208   Subsection 5(1) ( paragraph   ( a) of the definition of prescribed investigation )

Repeal the paragraph, substitute:

  (a)   in the case of the ACC--means an ACC operation/investigation; or

209   Subsection 5(1) ( paragraph   ( b) of the definition of relevant offence )

Omit "Authority", substitute "ACC".

210   Subsection 5(1)

Insert:

"special investigation" means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.

211   Subparagraph 6A(1)(c)(i)

Omit "Authority", substitute "ACC".

212   Paragraph 6L(2)(a)

Omit "Authority", substitute "ACC".

213   Paragraph 35(1)(a)

Omit "Chair of the Authority", substitute "Chief Executive Officer of the ACC".

214   Paragraph 39(2)(b)

Repeal the paragraph, substitute:

  (b)   in the case of the ACC:

  (i)   the Chief Executive Officer of the ACC or an examiner; or

  (ii)   a member of a police force who is a member of the staff of the ACC; or

215   Paragraph 71(2)(d)

Repeal the paragraph, substitute:

  (d)   the Chief Executive Officer of the ACC.

216   Subsection 80(2)

Omit "Chair of the Authority shall cause to be kept in the Authority's records", substitute "Chief Executive Officer of the ACC must cause to be kept in the ACC's records".

217   Paragraph 80(2)(a)

Omit "Authority", substitute "ACC".

218   Paragraph 80(2)(d)

Omit "Authority", substitute "ACC".

219   Paragraph 80(2)(e)

Omit "Chair", substitute "Chief Executive Officer".

220   Subsection 81(2)

Omit "Chair of the Authority shall", substitute "Chief Executive Officer of the ACC must".

221   Paragraphs 81(2)(a), (b) and (ba)

Omit "Authority", substitute "ACC".

222   Paragraph 81(2)(c)

Omit "Authority" (wherever occurring), substitute "ACC".

223   Paragraphs 81(2)(d) and (e)

Omit "Authority", substitute "ACC".

224   Paragraph 81(2)(f)

Omit "Authority" (wherever occurring), substitute "ACC".

Witness Protection Act 1994

225   Section   3 ( paragraph   ( b) of the definition of approved authority )

Repeal the paragraph, substitute:

  (b)   the Chief Executive Officer of the Australian Crime Commission; or


Part   2 -- Transitional provisions

226   Transitional regulations

(1)   The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.

(2)   Despite subsection 48(2) of the Acts Interpretation Act 1901 , regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.




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