South Australian Numbered Acts South Australian Numbered Acts (1) The Board has the
following functions:
(a) to
determine, in writing, whether an ACC State intelligence operation is a
special operation or whether an ACC State investigation is a special
investigation;
(b) to
determine, in writing, the class or classes of persons to participate in an
ACC State intelligence operation or ACC State investigation;
(c) to
establish task forces;
(d) such
other functions as are conferred on the Board by other provisions of this Act.
(2) The Board may
determine, in writing, that an ACC State intelligence operation is a special
operation. Before doing so, it must consider whether methods of collecting the
criminal information and intelligence that do not involve the use of powers in
this Act have been effective.
(3) The Board may
determine, in writing, that an ACC State investigation is a special
investigation. Before doing so, it must consider whether ordinary police
methods of investigation into the matters are likely to be effective.
(4) A determination
under subsection (2) or (3) must—
(a)
describe the general nature of the circumstances or allegations constituting
the relevant criminal activity to which the operation or investigation
relates; and
(b)
state that the serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences against a law of the
State but need not specify the particular offence or offences; and
(c) set
out the purpose of the operation or investigation.
(5) The Chair of the
Board must, within the period of 3 days beginning on the day a determination
under subsection (2) or (3) is made, give a copy of the determination to
the Inter-Governmental Committee.
(6) A determination
under subsection (2) or (3) has effect immediately after it is made.
(7) Sections 9 to
15 have effect in relation to the Board’s functions under this Act.