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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
NATIONAL CRIME
AUTHORITY (STATE
PROVISIONS) AMENDMENT
BILL 1995
Queensland
NATIONAL CRIME AUTHORITY (STATE
PROVISIONS) AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF NATIONAL CRIME AUTHORITY
(STATE PROVISIONS) ACT 1985
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 5 (Functions under laws of Queensland) . . . . . . . . . . . . . . 6
6 Amendment of s 6 (Performance of functions) . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 9 (Cooperation with law enforcement agencies) . . . . . . . 6
8 Amendment of s 12 (Search warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Amendment of s 13 (Application by telephone for search warrants) . . . . . 7
10 Amendment of s 15 (Order for delivery to authority of passport of
witness) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 16 (Hearings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 17 (Power to summon witnesses and take evidence) . . . 9
13 Amendment of s 18 (Power to obtain documents) . . . . . . . . . . . . . . . . . . . . 9
14 Insertion of new ss 18A-18D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18A Disclosure of information about a notice, summons or
official matter may be prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18B Nondisclosure statement to be accompanied by statement
of rights and obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18C Cancellation of nondisclosure statements . . . . . . . . . . . . . . . . . . . . . 11
18D Offences about disclosure of information prohibited by a
nondisclosure statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
National Crime Authority (State Provisions)
Amendment
15 Amendment of s 19 (Failure of witnesses to attend and answer
questions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 20 (Warrant for arrest of witness) . . . . . . . . . . . . . . . . . . . 14
17 Amendment of s 21 (Applications to Federal Court of Australia) . . . . . . . . 14
18 Amendment of s 24 (Protection of witnesses etc.) . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 25 (Contempt of authority) . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 29(1) (Protection of members etc.) . . . . . . . . . . . . . . . . . . 15
21 Amendment of s 30 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--AMENDMENT OF FREEDOM OF INFORMATION
ACT 1992
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Amendment of sch 1 (Secrecy provisions giving exemption) . . . . . . . . . . . 16
1995
A BILL
FOR
An Act to amend the National Crime Authority (State Provisions) Act
1985, and for other purposes
s1 4 s4
National Crime Authority (State Provisions)
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the National Crime Authority (State 4
Provisions) Amendment Act 1995. 5
ART 2--AMENDMENT OF NATIONAL CRIME 6
P
AUTHORITY (STATE PROVISIONS) ACT 1985 7
amended 8
Act
Clause 2. This Part amends the National Crime Authority (State Provisions) Act 9
1985. 10
of s 2 (Commencement) 11
Omission
Clause 3. Section 2-- 12
omit. 13
of s 3 (Interpretation) 14
Amendment
Clause 4.(1) Section 3(1), definitions "acting member" and "document"-- 15
omit. 16
(2) Section 3(1)-- 17
insert-- 18
"Minister of the Crown of a State" includes-- 19
s4 5 s4
National Crime Authority (State Provisions)
Amendment
(a) for the Australian Capital Territory--a person appointed as 1
Minister under the Australian Capital Territory 2
(Self-Government) Act 1988 (Cwlth), section 41; and 3
(b) for the Northern Territory--a person holding ministerial office 4
within the meaning of the Northern Territory (Self-Government) 5
Act 1978 (Cwlth). 6
"nondisclosure statement" , for sections 18A to 18D,1 means a statement 7
prohibiting the disclosure of information about a notice, summons or 8
official matter related to a notice or summons. 9
"notice", for sections 18A to 18D, 1 means a notice issued under 10
section 18. 11
"official matter", for sections 18A and 18D,1 means any of the following 12
things (whether past, present or contingent)-- 13
(a) a reference under the Commonwealth Act, section 13 or 14; 14
(b) an investigation conducted or coordinated by the authority; 15
(c) a hearing before the authority; 16
(d) a court proceeding. 17
"Parliament of a State" includes the Legislative Assembly of the 18
Australian Capital Territory and of the Northern Territory. 19
"Premier of a State" includes the Chief Minister of the Australian Capital 20
Territory and of the Northern Territory. 21
"summons", for sections 18A to 18D, 1 means a summons issued under 22
section 17. 23
(4) Section 3(1), definition "State of the Commonwealth", after 24
`includes'-- 25
insert-- 26
`the Australian Capital Territory and'. 27
1 Sections 18A to 18D deal with the prohibition of disclosure of certain
information about a notice or summons.
s5 6 s8
National Crime Authority (State Provisions)
Amendment
of s 5 (Functions under laws of Queensland) 1
Amendment
Clause 5. Section 5-- 2
insert-- 3
`(3A) The Minister, with the Inter-Governmental Committee's approval, 4
may-- 5
(a) in a notice under subsection (1)--state that the reference is related 6
to another reference; or 7
(b) by written notice to the authority--state that a reference already 8
made to the authority by the Minister is related to another 9
reference. 10
of s 6 (Performance of functions) 11
Amendment
Clause 6. Section 6(1), at the end-- 12
insert-- 13
`or any person or authority (other than a law enforcement agency) 14
authorised under a Commonwealth or State law to prosecute the offence'. 15
of s 9 (Cooperation with law enforcement agencies) 16
Amendment
Clause 7. Section 9-- 17
insert-- 18
`(2) Also, in performing its special functions, the authority may 19
coordinate its activities with the activities of an entity in another country if 20
the entity performs similar functions to the authority's functions.'. 21
of s 12 (Search warrants) 22
Amendment
Clause 8.(1) Section 12(1), `of the Authority'-- 23
omit. 24
(2) Section 12(1)(a), `Authority has'-- 25
omit, insert-- 26
s9 7 s 10
National Crime Authority (State Provisions)
Amendment
`member has'. 1
(3) Section 12(1)(b) and (8)(b)(ii), `Authority'-- 2
omit, insert-- 3
`member'. 4
(4) Section 12(8)(b), `the Authority shall'-- 5
omit, insert-- 6
`a member must'. 7
(5) Section 12(9), `The Authority'-- 8
omit, insert-- 9
`A member'. 10
(6) Section 12(9), `the Authority'-- 11
omit, insert-- 12
`the member'. 13
of s 13 (Application by telephone for search warrants) 14
Amendment
Clause 9.(1) Section 13(1), `the Authority considers'-- 15
omit, insert-- 16
`a member considers'. 17
(2) Section 13(1), `a member of the Authority'-- 18
omit, insert-- 19
`the member'. 20
of s 15 (Order for delivery to Authority of passport of 21
Amendment
witness) 22
Clause 10.(1) Section 15(1), `of the Authority'-- 23
omit. 24
s 11 8 s 11
National Crime Authority (State Provisions)
Amendment
(2) Section 15(3), `by the Authority'-- 1
omit, insert-- 2
`by a member'. 3
(3) Section 15(4), `the Authority shall'-- 4
omit, insert-- 5
`a member must'. 6
of s 16 (Hearings) 7
Amendment
Clause 11.(1) Section 16(2), `or acting members'-- 8
omit. 9
(2) Section 16(3)-- 10
omit, insert-- 11
`(3) The chairperson is to preside at all hearings at which the chairperson 12
is present. 13
`(3A) If the chairperson is not present at a hearing but 2 or more other 14
members are present, the members present must elect 1 of them to preside 15
at the hearing. 16
`(3B) Questions arising at a hearing must be decided by a majority of the 17
votes of the members present. 18
`(3C) The person presiding at a hearing has a deliberative vote and also, 19
if necessary, a casting vote. 20
`(3D) The authority may decide how a hearing's proceedings are to be 21
conducted.'. 22
(3) Section 16(7), `or an acting member'-- 23
omit. 24
(4) Section 16-- 25
insert-- 26
`(9A) The chairperson may change or repeal a direction given by the 27
authority to a person under subsection (9), by written notice given to the 28
s 12 9 s 14
National Crime Authority (State Provisions)
Amendment
person. 1
`(9B) However, the chairperson must not change or repeal a direction if 2
the change or repeal might prejudice-- 3
(a) a person's safety or reputation; or 4
(b) the fair trial of a person who has been or may be charged with an 5
offence.'. 6
of s 17 (Power to summon witnesses and take evidence) 7
Amendment
Clause 12.(1) Section 17(1), `or an acting member'-- 8
omit. 9
(2) Section 17(3), `unless the Authority'-- 10
omit, insert-- 11
`unless the member issuing the summons'. 12
(3) Section 17(4) and (5), `or acting member'-- 13
omit. 14
(4) Section 17(6), from `or by a person'-- 15
omit. 16
of s 18 (Power to obtain documents) 17
Amendment
Clause 13. Section 18(1), `or acting member'-- 18
omit. 19
of new ss 18A-18D 20
Insertion
Clause 14. After section 18-- 21
insert-- 22
of information about a notice, summons or official matter 23
`Disclosure
may be prohibited 24
`18A.(1) A member issuing a notice or summons must not include a 25
s 14 10 s 14
National Crime Authority (State Provisions)
Amendment
nondisclosure statement in it unless the statement's inclusion is required or 1
permitted under this section. 2
`(2) A member issuing a notice or summons must include a 3
nondisclosure statement in it if the member reasonably believes disclosure 4
of information about it or about official matter related to it would 5
prejudice-- 6
(a) a person's safety or reputation; or 7
(b) the fair trial of a person who has been or may be charged with an 8
offence; or 9
(c) an investigation. 10
`(3) A member issuing a notice or summons may include a 11
nondisclosure statement in it if the member reasonably believes disclosure 12
of information about it or about official matter related to it-- 13
(a) might prejudice-- 14
(i) a person's safety or reputation; or 15
(ii) the fair trial of a person who has been or may be charged 16
with an offence; or 17
(iii) an investigation; or 18
(b) might otherwise be contrary to the public interest. 19
`(4) A nondisclosure statement included in a notice or summons must 20
state the circumstances (if any) in which disclosure of the information is 21
allowed. 22
`(5) If a nondisclosure statement is inconsistent with a direction given 23
under section 16(9), the direction prevails to the extent of the inconsistency. 24
statement to be accompanied by statement of rights 25
`Nondisclosure
and obligations 26
`18B. If, under section 18A, a member includes a nondisclosure 27
statement in a notice or summons, the member must ensure the 28
nondisclosure statement is accompanied by a written statement about the 29
rights and obligations conferred or imposed under section 18D on the 30
person served with the notice or summons. 31
s 14 11 s 14
National Crime Authority (State Provisions)
Amendment
of nondisclosure statements 1
`Cancellation
`18C.(1) A nondisclosure statement included in a notice or summons 2
about an investigation is cancelled by this section if, at the end of the 3
investigation-- 4
(a) evidence mentioned in section 6(1) has not been obtained by the 5
authority;2 or 6
(b) evidence has been assembled and given under section 6(1) and 7
the authority has been advised that no-one will be prosecuted; or 8
(c) evidence of an offence committed by only 1 person has been 9
assembled and given under section 6(1) and criminal proceedings 10
against the person have started; or 11
(d) evidence of an offence committed by 2 or more persons has been 12
assembled and given under section 6(1) and-- 13
(i) criminal proceedings against all the persons have started; or 14
(ii) criminal proceedings against 1 or more of the persons have 15
started and the authority has been advised that no-one else 16
will be prosecuted. 17
`(2) If, under subsection (1), a nondisclosure statement is cancelled, the 18
authority must give each person served with the notice or summons, written 19
notice of the cancellation. 20
about disclosure of information prohibited by a 21
`Offences
nondisclosure statement 22
`18D.(1) A person served with a notice or summons containing a 23
nondisclosure statement must not disclose information about-- 24
(a) the notice or summons or its existence; or 25
(b) an official matter relating to the notice or summons, or the official 26
matter's existence. 27
2 Section 6(1) refers to evidence of an offence against the Commonwealth, a
Territory of the Commonwealth or a State obtained by the authority in the course
of its investigations.
s 14 12 s 14
National Crime Authority (State Provisions)
Amendment
Maximum penalty--$2 000 or imprisonment for 1 year. 1
`(2) However, subsection (1) does not apply to a person who discloses 2
the information-- 3
(a) in the circumstances allowed under the nondisclosure statement; 4
or 5
(b) to a legal practitioner to obtain legal advice or representation about 6
the notice, summons or matter; or 7
(c) to a legal aid officer to obtain assistance under the 8
Commonwealth Act, section 27, about the notice, summons or 9
matter; or 10
(d) if the person is a body corporate--to an officer or agent of the 11
body corporate to ensure compliance with the notice or 12
summons; or 13
(e) if the person is a legal practitioner-- 14
(i) to comply with a legal duty of disclosure arising from the 15
legal practitioner's professional relationship with a client; or 16
(ii) to obtain a person's agreement under section 19(3) to the 17
legal practitioner answering a question or producing a 18
document at a hearing before the authority. 19
`(3) A person to whom information has been disclosed under this section 20
must not disclose the information unless-- 21
(a) if the person is an officer or agent mentioned in 22
subsection (2)(d)--the person discloses the information to-- 23
(i) another officer or agent of the body corporate to ensure 24
compliance with the notice or summons; or 25
(ii) a legal practitioner to obtain legal advice or representation 26
about the notice, summons or matter; or 27
(iii) a legal aid officer to obtain assistance under the 28
Commonwealth Act, section 27, about the notice, summons 29
or matter; or 30
(b) if the person is a legal practitioner--to give advice, make 31
representation or obtain assistance under the Commonwealth Act, 32
s 14 13 s 14
National Crime Authority (State Provisions)
Amendment
section 27, about the notice, summons or matter; or 1
(c) if the person is a legal aid officer--to obtain legal advice or 2
representation about the notice, summons or matter. 3
Maximum penalty--$2 000 or imprisonment for 1 year. 4
`(4) A person to whom information is disclosed under subsection (2) or 5
(3)-- 6
(a) while the person is a person to whom, under this section, the 7
information may be disclosed--must not, unless the disclosure is 8
allowed under subsection (3), disclose information about-- 9
(i) the notice, summons, an official matter related to the notice 10
or summons; or 11
(ii) the notice, summons or official matter's existence; and 12
(b) if the person is no longer a person to whom, under this section, 13
the information may be disclosed--must not-- 14
(i) make a record, or disclose the existence, of the notice, 15
summons or matter; or 16
(ii) disclose information about the notice, summons of matter. 17
Maximum penalty--$2 000 or imprisonment for 1 year. 18
`(5) This section stops applying to a notice or summons when the earliest 19
of the following things happen-- 20
(a) the notice or summons is cancelled by section 18C(1); 21
(b) 5 years elapse after the day the notice or summons was issued. 22
`(6) In this section, a reference to disclosing something's existence 23
includes disclosing information from which a person could reasonably be 24
expected to infer its existence. 25
`(7) In this section-- 26
"legal aid officer" means-- 27
(a) a member, or staff member, of a legal aid commission within the 28
meaning of the Legal Aid Act 1977 (Cwlth); and 29
(b) the person delegated the Commonwealth Attorney-General's 30
s 15 14 s 17
National Crime Authority (State Provisions)
Amendment
powers and functions under the Commonwealth Act, 1
section 27.'. 2
of s 19 (Failure of witnesses to attend and answer 3
Amendment
questions) 4
Clause 15.(1) Section 19(1)(b), `or an acting member'-- 5
omit. 6
(2) Section 19(2)(b) and (3), `or acting member'-- 7
omit. 8
of s 20 (Warrant for arrest of witness) 9
Amendment
Clause 16.(1) Section 20(1), (3) and (4), before `Supreme Court'-- 10
insert-- 11
`Federal Court or'. 12
(2) Section 20(1)-- 13
insert-- 14
`(c) a person has committed, or is likely to commit, an offence under 15
section 19(1).3'. 16
of s 21 (Applications to Federal Court of Australia) 17
Amendment
Clause 17. Section 21(9), `as the Authority'-- 18
omit, insert-- 19
`as a member'. 20
3 Section 19 (Failure of witnesses to attend and answer questions)
s 18 15 s 21
National Crime Authority (State Provisions)
Amendment
of s 24 (Protection of witnesses etc.) 1
Amendment
Clause 18. Section 24, `or acting member'-- 2
omit. 3
of s 25 (Contempt of Authority) 4
Amendment
Clause 19. Section 25(a), `or an acting member'-- 5
omit. 6
of s 29(1) (Protection of members etc.) 7
Amendment
Clause 20.(1) Section 29(1), `or an acting member'-- 8
omit. 9
(2) Section 29(1), `or acting member'-- 10
omit. 11
of s 30 (Secrecy) 12
Amendment
Clause 21.(1) Section 30(1)(a), `or acting member'-- 13
omit. 14
(2) Section 30(4)-- 15
insert-- 16
"member of the staff of the authority" includes a person who assists, or 17
performs services for, a legal practitioner appointed under the 18
Commonwealth Act, section 50, in the performance of the legal 19
practitioner's duties as counsel to the authority.'. 20
s 22 16 s 23
National Crime Authority (State Provisions)
Amendment
ART 3--AMENDMENT OF FREEDOM OF 1
P
INFORMATION ACT 1992 2
amended 3
Act
Clause 22. This part amends the Freedom of Information Act 1992. 4
of sch 1 (Secrecy provisions giving exemption) 5
Amendment
Clause 23. Schedule 1-- 6
insert-- 7
`National Crime Authority (State Provisions) Act 1985, sections 17 and 8
18 (so far as they apply to a summons or notice given under section 17 or 9
18 that includes a nondisclosure statement mentioned in section 18A).'. 10
11
© State of Queensland 1995
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