Commonwealth Consolidated Acts Commonwealth Consolidated ActsAustralian Crime Commission Act 2002
1 Subsection 4(1)
Insert:
"constable" means a member or special member of the Australian Federal Police or a member of the police force or police service of a State.
2 Subsection 4(1) (at the end of the definition of eligible Commonwealth Board member )
Add:
; (f) the Commissioner of Taxation.
3 Subsection 4(1)
Insert:
"in contempt" of the ACC has the meaning given by section 34A.
4 Subsection 4(1) (definition of intelligence operation )
Repeal the definition, substitute:
"intelligence operation" means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity, but that may involve the investigation of matters relating to federally relevant criminal activity.
5 Subsection 4(1)
Insert:
"Ombudsman" means the Commonwealth Ombudsman.
6 Subsection 4A(6) (definition of intelligence operation )
Repeal the definition, substitute:
"intelligence operation" means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to relevant criminal activity, but that may involve the investigation of matters relating to relevant criminal activity.
7 At the end of subsection 7B(2)
Add:
; (i) the Commissioner of Taxation.
8 Subsection 7C(5)
Omit "3 days", substitute "7 days".
9 Paragraph 28(1A)(b)
Omit "summons; or", substitute "summons.".
10 Paragraph 28(1A)(c)
Repeal the paragraph.
11 Subsection 28(8)
Repeal the subsection, substitute:
(8) A failure to comply with section 29A, so far as section 29A relates to a summons under subsection (1) of this section, does not affect the validity of the summons.
12 Paragraph 29(1A)(b)
Omit "notice; or", substitute "notice.".
13 Paragraph 29(1A)(c)
Repeal the paragraph.
14 Subsection 29(5)
Repeal the subsection, substitute:
(5) A failure to comply with section 29A, so far as section 29A relates to a notice under subsection (1) of this section, does not affect the validity of the notice.
15 At the end of subsection 29B(2)
Add:
; or (f) to the Ombudsman for the purpose of making a complaint under the Ombudsman Act 1976 ; or
(g) to the Australian Law Enforcement Integrity Commission for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006 , an allegation or information that raises a corruption issue.
16 Paragraph 29B(4)(b)
Omit "giving legal advice", substitute "giving or obtaining legal advice or legal representation".
17 At the end of subsection 29B(4)
Add:
; or (d) to the Ombudsman for the purpose of making a complaint under the Ombudsman Act 1976 ; or
(e) to the Australian Law Enforcement Integrity Commission for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006 , an allegation or information that raises a corruption issue.
18 After section 34
Insert:
A person is in contempt of the ACC if he or she:
(a) when appearing as a witness at an examination before an examiner:
(i) refuses or fails to take an oath or affirmation when required to do so under section 28; or
(ii) refuses or fails to answer a question that he or she is required to answer by the examiner; or
(iii) refuses or fails to produce a document or thing that he or she was required to produce by a summons or notice under this Act that was served to him or her as prescribed; or
(b) is a legal practitioner who is required to answer a question or produce a document at an examination before an examiner, and both of the following apply:
(i) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;
(ii) he or she refuses to comply with the requirement and does not, when required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made; or
(c) gives evidence at an examination before an examiner that he or she knows is false or misleading in a material particular; or
(d) obstructs or hinders an examiner in the performance of his or her functions as an examiner; or
(e) disrupts an examination before an examiner; or
(f) threatens a person present at an examination before an examiner.
34B Federal Court or Supreme Court to deal with contempt
(1) If an examiner is of the opinion that, during an examination before the examiner, a person is in contempt of the ACC, the examiner may apply to either of the following courts for the person to be dealt with in relation to the contempt:
(a) the Federal Court;
(b) the Supreme Court of the State or Territory in which the examination to which the contempt relates is being conducted.
(2) Before making the application, the examiner must inform the person that the examiner proposes to make the application.
(3) The application must be accompanied by a certificate that states:
(a) the grounds for making the application; and
(b) evidence in support of the application.
(4) A copy of the certificate must be given to the person before, or at the same time as, the application is made.
(5) If, after:
(a) considering the matters specified in the certificate; and
(b) hearing or receiving any evidence or statements by or in support of the ACC; and
(c) hearing or receiving any evidence or statements by or in support of the person;
the Court to which the application was made finds that the person was in contempt of the ACC, the Court may deal with the person as if the acts or omissions involved constituted a contempt of that Court.
(6) For the purposes of determining whether a person is in contempt of the ACC under subsection (1), Chapter 2 of the Criminal Code applies as if:
(a) contempt of the ACC were an offence; and
(b) references to a person being criminally responsible for an offence were references to a person being responsible for contempt of the ACC.
34C Conduct of contempt proceedings
(1) This section applies if an application for a person to be dealt with in relation to a contempt of the ACC is made to the Federal Court or to the Supreme Court of a State or Territory under section 34B.
(2) Proceedings in relation to the application are, subject to this Act, to be instituted, carried on, heard and determined in accordance with the laws (including any Rules of Court) that apply in relation to the punishment of a contempt of the Court to which the application was made.
(3) In proceedings in relation to the application, a certificate under subsection 34B(3) is prima facie evidence of the matters specified in the certificate.
34D Person in contempt may be detained
(1) If an examiner proposes to make an application under subsection 34B(1) in respect of a person, he or she may, during the hearing concerned, direct a constable to detain the person for the purpose of bringing the person before the Court to which the application was made for the hearing of the application.
(2) If the person is detained under subsection (1):
(a) the examiner must apply to the Court as soon as practicable under subsection 34B(1) in respect of the person; and
(b) the person must, subject to subsection (3) of this section, be brought before the Court as soon as practicable.
(3) The Court may:
(a) direct that the person be released from detention on condition that he or she will appear before the Court in relation to the application; or
(b) order that the person continue to be detained until the application is determined.
(4) The Court may also impose any other condition on the release, for example:
(a) that the person surrenders his or her passport; or
(b) that the person gives an undertaking as to his or her living arrangements; or
(c) that the person reports as required to a law enforcement agency.
(5) The Court may at any time vary or revoke a condition imposed under subsection (4).
34E Examiner may withdraw contempt application
(1) An examiner may at any time withdraw an application in relation to a person under subsection 34B(1).
(2) If:
(a) the examiner does so; and
(b) the person is in detention under section 34D;
the person must be released from detention immediately.
34F Relationship with section 12
To avoid doubt, evidence relating to an application under subsection 34B(1) is not required to be given to a person or authority under subsection 12(1).
19 At the end of subsection 35(1)
Add:
; or (c) threaten any person present at an examination before an examiner.
20 Section 35A
Before "Where", insert "(1)".
21 At the end of section 35A
Add:
(2) If:
(a) an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person; and
(b) the person is dealt with by the Court under that section in respect of the act or omission;
the person is not liable to be prosecuted for an offence in respect of that act or omission.
(3) If a person is prosecuted for an offence in respect of an act or omission referred to in subsection 34B(1), an application must not be made under subsection 34B(1) in respect of that act or omission.
22 Section 61A
Repeal the section, substitute:
61A Review of operation of Act
(1) The Minister must cause an independent review to be undertaken of:
(a) the operation of this Act during the 5 year period beginning at the commencement of Schedule 7 to the Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 20 10 ; and
(b) the operation of this Act during each subsequent 5 year period.
(2) A review under subsection (1) must be undertaken as soon as practicable after the end of the 5 year period to which the review is to relate.
(3) If, before the Minister undertakes a review of the operation of this Act in relation to a particular 5 year period referred to in subsection (1), a committee of one or both Houses of the Parliament starts such a review, the Minister need not undertake such a review.
Part 2 -- Consequential amendments
Administrative Decisions (Judicial Review) Act 1977
23 After paragraph (w) of Schedule 1
Insert:
(wa) decisions under section 34B or 34D of the Australian Crime Commission Act 2002 ;
24 Subsection 6(1) (at the end of the definition of relevant proceeding )
Add:
; (p) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission.
Telecommunications (Interception and Access) Act 1979
25 After paragraph 5B(1)(hc)
Insert:
(hd) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or
Part 3 -- Application provisions
26 Application of amendments relating to contempt
The amendments made by item 3 and items 18 to 21 of this Schedule apply to an act or omission engaged in by a person in relation to an examination that began on or after the commencement of this item.
27 Application of amendment made by item 4
The amendment made by item 4 of this Schedule applies to operations that began before, on or after the commencement of this item.
28 Application of amendments relating to reasons for summons or notice
The amendments made by items 9, 10, 11, 12, 13 and 14 of this Schedule apply to a summons or notice issued on or after the commencement of this item.
29 Application of amendments made by items 24 and 25
The amendments made by items 24 and 25 of this Schedule apply to information obtained before, on or after the commencement of this item.