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NATIONAL CRIME AUTHORITY (STATE PROVISIONS) (AMENDMENT) BILL 2002

                 PARLIAMENT OF VICTORIA

        National Crime Authority (State Provisions)
                  (Amendment) Act 2002
                                 Act No.


                       TABLE OF PROVISIONS
Clause                                                                Page

PART 1--PRELIMINARY                                                      1
  1.     Purpose                                                         1
  2.     Commencement                                                    2
  3.     Principal Act                                                   2

PART 2--AMENDMENT OF THE PRINCIPAL ACT                                   3
  4.     Definitions                                                     3
  5.     Performance of functions                                        3
  6.     Search warrants                                                 3
  7.     Application by telephone for search warrants                    5
  8.     New section 15 inserted                                         6
         15.      Hearings                                               6
  9.     Hearings of the Authority                                       6
  10.    New section 16A inserted                                        7
         16A. Hearings by hearing officers                               7
  11.    Power to summon witnesses and take evidence                    12
  12.    Power to obtain documents                                      13
  13.    Offences concerning the disclosure of information about
         summonses and notices                                          14
  14.    Failure of witness to attend and answer questions              14
  15.    Warrant for arrest of witness                                  17
  16.    Section 21 repealed                                            18
  17.    False or misleading evidence                                   18
  18.    Protection of witnesses                                        18
  19.    Contempt of Authority etc.                                     18
  20.    Powers of acting members of the Authority                      21
  21.    Protection of members etc.                                     21
  22.    Secrecy                                                        21
  23.    New section 32A inserted                                       21
         32A. Transitional provisions--relevant claims                  22




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541285B.I1-24/4/2002                         BILL LA CIRCULATION 22-10-2004

 


 

Clause Page PART 3--CONSEQUENTIAL AMENDMENTS 24 24. Surveillance Devices Act 1999 24 25. Witness Protection Act 1991 24 ENDNOTES 25 ii 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 23 April 2002 A BILL to amend the National Crime Authority (State Provisions) Act 1984 so that it more closely reflects the National Crime Authority Act 1984 of the Commonwealth and for other purposes. National Crime Authority (State Provisions) (Amendment) Act 2002 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the National Crime Authority (State Provisions) Act 1984 so 5 that it more closely reflects the National Crime Authority Act 1984 of the Commonwealth. 1 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. part 1--preliminary s. 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act 5 See: In this Act, the National Crime Authority (State Act No. Provisions) Act 1984 is called the Principal Act. 10157/1984. Reprint No. 2 as at 20 August 1998 and amending Act No. 22/2000. LawToday: www.dms. dpc.vic. gov.au __________________ 2 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 4 PART 2--AMENDMENT OF THE PRINCIPAL ACT 4. Definitions In section 3 of the Principal Act-- (a) after the definition of "Commonwealth 5 Minister" insert-- ' "eligible person" means-- (a) a member; or (b) a member of the staff of the Authority who is also a member 10 of the police force of Victoria;'; (b) after the definition of "hearing" insert-- ' "hearing officer" means a person appointed under section 16A; "issuing officer" means-- 15 (a) a Judge of the Federal Court; or (b) a Judge of a court of Victoria;'. 5. Performance of functions Sections 6(4) and 6(5) of the Principal Act are repealed. 20 6. Search warrants (1) In section 12(1) of the Principal Act-- (a) for "A member of the Authority may apply to a Judge of a prescribed court" substitute "An eligible person may apply to an issuing 25 officer"; (b) in paragraphs (a) and (b), for "the member" substitute "the eligible person". (2) In section 12(2) of the Principal Act, for "a Judge of a prescribed court, the Judge" substitute "an 30 issuing officer, the issuing officer". 3 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 6 (3) In section 12(3) of the Principal Act-- (a) for "A Judge" substitute "An issuing officer"; (b) for "the Judge" (wherever occurring) 5 substitute "the issuing officer". (4) In section 12(4) of the Principal Act-- (a) for "a Judge" substitute "an issuing officer"; (b) for "the Judge" substitute "the issuing officer". 10 (5) After section 12(6) of the Principal Act insert-- "(6A) A person executing a warrant issued under this section may only use such reasonable force as is necessary for the execution.". (6) In section 12(8) of the Principal Act-- 15 (a) in paragraph (b), for "a member of the Authority" substitute "an eligible person"; (b) in sub-paragraph (b)(ii), for "the member" substitute "the eligible person". (7) In section 12(9) of the Principal Act-- 20 (a) for "A member" substitute "An eligible person"; (b) for "the member" substitute "the eligible person". (8) Section 12(11) of the Principal Act is repealed. 25 (9) In section 12 of the Principal Act, after sub- section (13) insert-- "(14) A function of issuing a warrant conferred on an issuing officer by this section is conferred on the issuing officer in a personal capacity 30 and not as a court or a member of a court. 4 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 7 (15) Without limiting the generality of sub- section (14), the issue of a warrant has effect only by virtue of this Act and is not to be taken by implication to be made by a court. 5 (16) An issuing officer performing a function of, or connected with, issuing a warrant under this section has the same protection and immunity as if the issuing officer were performing that function as, or as a member 10 of, a court (being a court of which the issuing officer is a member).". 7. Application by telephone for search warrants (1) In section 13(1) of the Principal Act-- (a) for "A member of the Authority" substitute 15 "An eligible person"; (b) for "the member" substitute "the eligible person". (2) In section 13(2) of the Principal Act, for "the member" substitute "the eligible person". 20 (3) In section 13(3) of the Principal Act-- (a) for "a Judge" substitute "an issuing officer"; (b) for "the Judge" substitute "the issuing officer"; (c) in paragraph (b), for "the member" 25 substitute "the eligible person". (4) In sections 13(4), 13(5) and 13(6) of the Principal Act, for "Judge" (wherever occurring) substitute "issuing officer". (5) In section 13 of the Principal Act, after sub- 30 section (7) insert-- "(8) A function of issuing a warrant conferred on an issuing officer by this section is conferred 5 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 8 on the issuing officer in a personal capacity and not as a court or a member of a court. (9) Without limiting the generality of sub- section (8), the issue of a warrant has effect 5 only by virtue of this Act and is not to be taken by implication to be made by a court. (10) An issuing officer performing a function of, or connected with, issuing a warrant under this section has the same protection and 10 immunity as if the issuing officer were performing that function as, or as a member of, a court (being a court of which the issuing officer is a member).". 8. New section 15 inserted 15 After section 14 of the Principal Act insert-- "15. Hearings For the purposes of a special investigation-- (a) the Authority may hold hearings of the Authority; and 20 (b) the Chair may, in writing, direct a hearing officer to hold hearings.". 9. Hearings of the Authority (1) Insert the following heading to section 16 of the Principal Act-- 25 "Hearings of the Authority". (2) For section 16(1) of the Principal Act substitute-- "(1) This section applies to a hearing held by the Authority.". 30 (3) In sections 16(3), 16(3A), 16(9A) and 16(9B) of the Principal Act, for "Chairperson" substitute "Chair". 6 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 10 (4) After section 16(7) of the Principal Act insert-- '(7A) If a person (other than a member or a member of the staff of the Authority) is present at a hearing while another person 5 ("the witness") is giving evidence at the hearing, the Authority must-- (a) inform the witness that the person is present; and (b) give the witness an opportunity to 10 comment on the presence of the person. (7B) To avoid doubt, a person does not cease to be entitled to be present at a hearing or part of a hearing if-- (a) the Authority fails to comply with sub- 15 section (7A); or (b) a witness comments adversely on the presence of the person under sub- section (7A)(b).'. 10. New section 16A inserted 20 After section 16 of the Principal Act insert-- '16A. Hearings by hearing officers (1) Hearing officers are to be appointed by the Governor in Council on the recommendation of the Minister. 25 (2) The Minister must only recommend for appointment as hearing officers persons who are hearing officers for the purposes of the Commonwealth Act. (3) A hearing officer holds office for the period 30 (not exceeding 6 years), and on the terms and conditions (if any), specified in his or her 7 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 10 instrument of appointment and is eligible for re-appointment. (4) A hearing officer ceases to hold office if he or she ceases to hold office as a hearing 5 officer for the purposes of the Commonwealth Act. (5) A hearing officer may regulate the conduct of proceedings at a hearing as the hearing officer thinks fit. 10 (6) At a hearing before a hearing officer-- (a) a person giving evidence may be represented by a legal practitioner; and (b) if, by reason of the existence of special circumstances, the hearing officer 15 consents to a person who is not giving evidence being represented by a legal practitioner--the person may be so represented. (7) A hearing before a hearing officer must be 20 held in private and the hearing officer may give directions as to the persons who may be present during the hearing or a part of the hearing. (8) Nothing in a direction given by the hearing 25 officer under sub-section (7) prevents the presence, when evidence is being taken at a hearing before the hearing officer, of-- (a) a person representing the person giving evidence; or 30 (b) a person representing, in accordance with sub-section (6), a person who, by reason of a direction given by the hearing officer under sub-section (7), is entitled to be present. 8 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 10 (9) If a hearing before a hearing officer is being held, a person (other than a member or a member of the staff of the Authority approved by the Authority) must not be 5 present at the hearing unless the person is entitled to be present by reason of a direction given by the hearing officer under sub- section (7) or by reason of sub-section (8). (10) At a hearing before a hearing officer for the 10 purposes of a special investigation-- (a) counsel assisting the hearing officer generally or in relation to the matter to which the investigation relates; or (b) any person authorised by the hearing 15 officer to appear before the hearing officer at the hearing; or (c) any legal practitioner representing a person at the hearing in accordance with sub-section (6)-- 20 may, so far as the hearing officer thinks appropriate, examine or cross-examine any witness on any matter that the hearing officer considers relevant to the special investigation. 25 (11) If a person (other than a member or a member of the staff of the Authority) is present at a hearing before a hearing officer while another person ("the witness") is giving evidence at the hearing, the hearing 30 officer must-- (a) inform the witness that the person is present; and (b) give the witness an opportunity to comment on the presence of the person. 9 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 10 (12) To avoid doubt, a person does not cease to be entitled to be present at a hearing before a hearing officer or part of such a hearing if-- (a) the hearing officer fails to comply with 5 sub-section (11); or (b) a witness comments adversely on the presence of the person under sub- section (11)(b). (13) A hearing officer may direct that-- 10 (a) any evidence given before the hearing officer; or (b) the contents of any document, or a description of any thing, produced to the hearing officer; or 15 (c) any information that might enable a person who has given evidence before the hearing officer to be identified; or (d) the fact that any person has given or may be about to give evidence at a 20 hearing-- must not be published, or must not be published except in such manner, and to such persons, as the hearing officer specifies. The hearing officer must give such a direction if 25 the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. (14) Subject to sub-section (15), the Chair may, in 30 writing, vary or revoke a direction under sub-section (13). (15) The Chair must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice 10 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 10 the fair trial of a person who has been or may be charged with an offence. (16) Where-- (a) a person has been charged with an 5 offence before a federal court or before a court of a State or Territory; and (b) the court considers that it may be desirable in the interests of justice that particular evidence given before a 10 hearing officer, being evidence in relation to which the hearing officer has given a direction under sub-section (11), be made available to the person or to a legal practitioner representing the 15 person-- the court may give to the hearing officer or the Authority a certificate to that effect and, if the court does so, the hearing officer or the Authority, as the case may be, must make the 20 evidence available to the court. (17) Where-- (a) the hearing officer or the Authority makes evidence available to a court in accordance with sub-section (16); and 25 (b) the court, after examining the evidence, is satisfied that the interests of justice so require-- the court may make the evidence available to the person charged with the offence 30 concerned or to a legal practitioner representing the person. (18) A person must not-- (a) be present at a hearing in contravention of sub-section (9); or 11 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 11 (b) make a publication in contravention of a direction given under sub-section (13). Penalty: 20 penalty units or level 8 5 imprisonment (12 months maximum). (19) At the conclusion of a hearing held by a hearing officer, the hearing officer must give the Authority-- 10 (a) a record of the proceedings of the hearing; and (b) any documents or other things given to the hearing officer at, or in connection with, the hearing.'. 15 11. Power to summon witnesses and take evidence (1) In sections 17(1), 17(2) and 17(3) of the Principal Act, after "before the Authority" insert "or a hearing officer". (2) In section 17(3) of the Principal Act-- 20 (a) after "to which the Authority" insert "or the hearing officer"; (b) after "prevents the Authority" insert "or the hearing officer". (3) In section 17(4) of the Principal Act, after 25 "Authority" insert "or the hearing officer who is holding a hearing". (4) In section 17(5) of the Principal Act-- (a) after "The Authority" insert "or the hearing officer"; 30 (b) in paragraph (a), after "a member" insert "or a hearing officer"; 12 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 12 (c) in paragraph (a), after "presiding at the hearing" insert "or the hearing officer"; and (d) in paragraph (b), after "a member," insert "the hearing officer". 5 (5) In section 17(6) of the Principal Act, for "Chairperson" substitute "Chair". 12. Power to obtain documents (1) In section 18(1)(a) of the Principal Act, for "or a member of the staff of the Authority" substitute 10 ", a member of the staff of the Authority or a hearing officer". (2) In section 18(2) of the Principal Act, after "Authority" insert "or a hearing officer". (3) For sections 18(3) to 18(5) of the Principal Act 15 substitute-- "(3) A person must not intentionally refuse or fail to comply with a notice served on the person under this section. (4) A person who contravenes sub-section (3) is 20 guilty of an indictable offence and, subject to this section, liable to a fine not exceeding 200 penalty units or level 6 imprisonment (5 years maximum). (5) Notwithstanding that an offence against sub- 25 section (3) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the 30 prosecutor consent. (6) Section 54 of the Magistrates' Court Act 1989 applies to proceedings in a court of summary jurisdiction under this section as if 13 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 13 the references in section 54 of that Act to the provisions of section 53(1) of that Act were references to this section. (7) Where, in accordance with sub-section (5), a 5 court of summary jurisdiction convicts a person of an offence against sub-section (3), the penalty that the court may impose is a fine not exceeding 20 penalty units or level 8 imprisonment (12 months maximum). 10 (8) Sections 19(3), 19(4), 19(5), 19(6) and 19(10) apply in relation to a person who is required to produce a document or thing by a notice served on the person under this section in the same manner as they apply in 15 relation to a person who is required to produce a document or thing at a hearing before the Authority or a hearing officer.". 13. Offences concerning the disclosure of information about summonses and notices 20 (1) In section 18B(2) of the Principal Act, for paragraph (e) substitute-- "(e) if the person is a legal practitioner--for the purpose of obtaining the agreement of another person under section 19(3) to the 25 legal practitioner answering a question or producing a document at a hearing before the Authority or a hearing officer.". (2) In section 18B(7) of the Principal Act, in paragraph (c) of the definition of "official matter", 30 after "Authority" insert "or a hearing officer". 14. Failure of witness to attend and answer questions (1) In section 19(1) of the Principal Act-- (a) after "Authority" insert "or a hearing officer"; 14 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 14 (b) for ", without reasonable excuse" substitute "intentionally"; (c) in paragraph (b), for "member" substitute "member or the hearing officer, as the case 5 may be". (2) In section 19(2) of the Principal Act-- (a) after "Authority" insert "or a hearing officer"; (b) for ", without reasonable excuse" substitute 10 "intentionally"; (c) in paragraph (b), after "hearing" insert "or the hearing officer". (3) In section 19(3) of the Principal Act-- (a) in paragraph (a) after "Authority" insert "or 15 a hearing officer"; (b) for ", furnish to the Authority" substitute "or the hearing officer, furnish to the Authority or the hearing officer". (4) For sections 19(4) to 19(13) of the Principal Act 20 substitute-- "(4) Sub-section (5) limits the use that can be made of any answers given at a hearing before the Authority or a hearing officer, or documents or things produced at a hearing 25 before the Authority or a hearing officer. That sub-section only applies if-- (a) a person appearing as a witness at a hearing before the Authority or a hearing officer-- 30 (i) answers a question that the person is required to answer by the member presiding at the hearing or the hearing officer who is holding the hearing; or 15 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 14 (ii) produces a document or thing that the person was required to produce by a summons under this Act served on the person as 5 prescribed; and (b) in the case of the production of a document that is, or forms part of, a record of an existing or past business-- the document sets out details of 10 earnings received by the person in respect of the person's employment and does not set out any other information; and (c) before answering the question or 15 producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty. 20 (5) The answer, or the document or thing, is not admissible in evidence against the person in-- (a) a criminal proceeding; or (b) a proceeding for the imposition of a 25 penalty-- other than a proceeding in respect of-- (c) in the case of an answer--the falsity of the answer; or (d) in the case of the production of a 30 document--the falsity of any statement contained in the document. (6) A person who contravenes sub-section (1), (2) or (3) is guilty of an indictable offence and, subject to this section, liable to a fine 16 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 15 not exceeding 200 penalty units or level 6 imprisonment (5 years maximum). (7) Notwithstanding that an offence against sub- section (1), (2) or (3) is an indictable 5 offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. 10 (8) Section 54 of the Magistrates' Court Act 1989 applies to proceedings in a court of summary jurisdiction under this section as if the references in section 54 of that Act to the provisions of section 53(1) of that Act were 15 references to this section. (9) Where, in accordance with sub-section (7), a court of summary jurisdiction convicts a person of an offence against sub-section (1), (2) or (3) the penalty that the court may 20 impose is a fine not exceeding 20 penalty units or level 8 imprisonment (12 months maximum). (10) Sub-section (3) does not affect the law relating to legal professional privilege.". 25 15. Warrant for arrest of witness (1) In section 20(1) of the Principal Act, in paragraph (a) after "before the Authority" insert "or a hearing officer". (2) After section 20(2A) of the Principal Act insert-- 30 "(2B) A person executing a warrant under this section may only use such reasonable force as is necessary for the execution.". (3) In section 20(3) of the Principal Act in paragraph (a) after "before the Authority" insert 35 "or a hearing officer". 17 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 18 16. Section 21 repealed Section 21 of the Principal Act is repealed. 17. False or misleading evidence In section 23(1) of the Principal Act, after 5 "Authority" insert "or a hearing officer". 18. Protection of witnesses In section 24 of the Principal Act-- (a) after "a member" insert "or a hearing officer"; 10 (b) in paragraph (a) after "Authority" insert "or a hearing officer"; (c) in paragraph (b) after "the Authority" (where twice occurring) insert "or a hearing officer"; 15 (d) after "the member" insert "or the hearing officer, as the case may be,". 19. Contempt of Authority etc. (1) In section 25 of the Principal Act, for sub-section (1) substitute-- 20 "(1) A person must not-- (a) obstruct or hinder-- (i) the Authority or a member in the performance of the functions of the Authority; or 25 (ii) a hearing officer in the performance of the hearing officer's functions as a hearing officer; or 18 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 19 (b) disrupt a hearing before the Authority or a hearing officer. Penalty: 200 penalty units or level 6 imprisonment (5 years 5 maximum)." (2) In section 25 of the Principal Act, sub-section (2) is repealed. (3) In section 25(3) of the Principal Act-- (a) in paragraph (a), after "the Authority" insert 10 "or a hearing officer"; (b) in paragraph (b), after "the Authority" insert "or a hearing officer"; (c) in paragraph (c), after "the Authority" insert "or a hearing officer"; 15 (d) for the penalty at the foot of the sub-section substitute-- "Penalty: 200 penalty units or level 6 imprisonment (5 years maximum).". 20 (4) In section 25(4) of the Principal Act-- (a) after "the Authority" insert "or a hearing officer"; (b) for the penalty at the foot of the sub-section substitute-- 25 "Penalty: 200 penalty units or level 6 imprisonment (5 years maximum).". (5) In section 25(5) of the Principal Act-- (a) after "the Authority" insert "or a hearing 30 officer"; 19 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act (b) for the penalty at the foot of the sub-section substitute-- "Penalty: 200 penalty units or level 6 imprisonment (5 years 5 maximum).". (6) In section 25(6) of the Principal Act-- (a) after "the Authority" insert "or a hearing officer"; (b) for the penalty at the foot of the sub-section 10 substitute-- "Penalty: 200 penalty units or level 6 imprisonment (5 years maximum).". (7) In section 25(7) of the Principal Act-- 15 (a) after "the Authority" (where twice occurring) insert "or a hearing officer"; (b) for the penalty at the foot of the sub-section substitute-- "Penalty: 200 penalty units or level 6 20 imprisonment (5 years maximum).". (8) In section 25(8) of the Principal Act-- (a) after "the Authority" (where twice occurring) insert "or a hearing officer"; 25 (b) for the penalty at the foot of the sub-section substitute-- "Penalty: 200 penalty units or level 6 imprisonment (5 years maximum).". 30 (9) In section 25(10) of the Principal Act omit "other than sub-section (1)". (10) In section 25(13) of the Principal Act-- 20 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 20 21 (a) for "(3), (4) or (5)" substitute "(1), (3), (4), (5), (6), (7) or (8)"; (b) for "imprisonment for one year" substitute "level 8 imprisonment (12 months 5 maximum).". 20. Powers of acting members of the Authority In sections 27(1) and 27(3) of the Principal Act, for "Chairperson" (wherever occurring) substitute "Chair". 10 21. Protection of members etc. (1) In section 29(1) of the Principal Act-- (a) after "member" (wherever occurring) insert "or a hearing officer"; (b) after "Authority" insert "or the hearing 15 officer". (2) In sections 29(2) and 29(3) of the Principal Act, after "Authority" (wherever occurring) insert "or a hearing officer". 22. Secrecy 20 (1) For section 31(1) of the Principal Act substitute-- "(1) This section applies to-- (a) a member of the Authority; and (b) a member of the staff of the Authority; 25 and (c) a hearing officer.". (2) In section 31(3) of the Principal Act, for "or acting member in the member's or acting member's" substitute ", acting member or hearing officer in 30 the member's, acting member's or hearing officer's". 23. New section 32A inserted 21 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act s. 23 After section 32 of the Principal Act, insert-- '32A. Transitional provisions--relevant claims (1) In this section-- "relevant claim" means a claim, made 5 before the coming into operation of this section, that a person is entitled to refuse-- (a) to furnish information, or produce a document, pursuant to a notice 10 under section 20 of the Commonwealth Act; or (b) to produce a document pursuant to a notice under section 29 of the Commonwealth Act; or 15 (c) to answer a question put to the person, or produce a document that the person was required to produce, under section 30 of the Commonwealth Act; or 20 (d) to comply with a requirement-- (i) to answer a question, or to produce a document, at a hearing before the Authority under a law of a State; or 25 (ii) to produce a document pursuant to a notice under a provision of a law of a State that corresponds to section 29 of the 30 Commonwealth Act-- to which section 32 of the Commonwealth Act applied, because of section 32B of the Commonwealth Act before the coming into operation of 35 item 13 of Schedule 1 to the National 22 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 2--Amendment of the principal Act Crime Authority Legislation Amendment Act 2001 of the Commonwealth. (2) Section 21, as in force immediately before its 5 repeal by section 16 of the National Crime Authority (State Provisions) (Amendment) Act 2002, continues to apply in relation to a relevant claim as if it had not been repealed.'. __________________ 10 23 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Part 3--Consequential Amendments s. 24 PART 3--CONSEQUENTIAL AMENDMENTS 24. Surveillance Devices Act 1999 See: (1) In section 3(1) of the Surveillance Devices Act Act No. 1999-- 21/1999 and 5 (a) in paragraph (b) of the definition of "chief amending Act No. law enforcement officer" for "chairperson" 61/2001. substitute "Chair"; LawToday: www.dms. (b) in paragraph (b) of the definition of "senior dpc.vic. gov.au law enforcement officer" for "chairperson" 10 substitute "Chair". (2) In section 37(1) of the Surveillance Devices Act 1999, in paragraph (b), for "chairperson" substitute "Chair". 25. Witness Protection Act 1991 15 See: (1) In section 3(1) of the Witness Protection Act Act No. 1991-- 15/1991. Reprint No. 2 (a) in paragraph (c) of the definition of as at 31 May 2000 "approved authority" for "Chairman" and substitute "Chair"; amending Act No. 20 (b) in paragraph (a) of the definition of "officer 72/2001. LawToday: of an approved authority" for "Chairman" www.dms. substitute "Chair". dpc.vic. gov.au (2) In section 22(2) of the Witness Protection Act 1991, in paragraph (a), for "Chairman" substitute 25 "Chair". 24 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

National Crime Authority (State Provisions) (Amendment) Act 2002 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 25 541285B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004

 


 

 


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