South Australian Numbered Acts

AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004 (NO 7 OF 2004) - SECT 34

34—Performance of functions

        (1)         Where the ACC, in carrying out an ACC operation/investigation, obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the CEO must assemble the evidence and give it to—

            (a)         the Attorney-General of the Commonwealth or the State, as the case requires; or

            (b)         the relevant law enforcement agency; or

            (c)         any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.

        (2)         Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to—

            (a)         the Attorney-General of the Commonwealth or the relevant State, as the case requires; or

            (b)         a relevant law enforcement agency; or

            (c)         any person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.

        (3)         Where, as a result of the performance of any of the ACC’s functions, the Board considers that a recommendation should be made to the Commonwealth Minister or to the appropriate State Minister of a participating State, being a recommendation—

            (a)         for reform of the law relating to relevant offences, including any one or more of the following:

                  (i)         evidence and procedure applicable to the trials of relevant offences;

                  (ii)         relevant offences in relation to, or involving, corporations;

                  (iii)         taxation, banking and financial frauds;

                  (iv)         reception by Australian courts of evidence obtained in foreign countries as to relevant offences;

                  (v)         maintenance and preservation of taxation, banking and financial records; or

            (b)         for reform of administrative practices; or

            (c)         for reform of administration of the courts in relation to trials of relevant offences,

the Board may make the recommendation to the Commonwealth Minister, or to that State Minister, as the case may be.

        (4)         Where the ACC has obtained particular information or intelligence in the course of performing one or more of its functions, nothing in this Act is to be taken to prevent the ACC from making use of the information or intelligence in the performance of any of its other functions.