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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Australian Crime Commission (Western
Australia) Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Act to bind the Crown 6
Part 2 -- The Australian Crime
Commission, the Board and the
Inter-Governmental Committee
Division 1 -- The Australian Crime Commission
5. Functions of ACC 7
6. CEO to manage ACC operations/investigations 7
7. Counsel assisting ACC 8
Division 2 -- The Board of the ACC
8. Functions of the Board 8
9. Board meetings 9
10. Presiding at Board meetings 9
11. Quorum at Board meetings 10
12. Voting at Board meetings 10
13. Conduct of Board meetings 10
14. Resolutions outside of Board meetings 10
15. Board committees 11
Division 3 -- The Inter-Governmental Committee
16. Functions of Committee 12
Part 3 -- Examinations
17. Examinations 14
266--2B page i
Australian Crime Commission (Western Australia) Bill 2003
Contents
18. Conduct of examination 14
19. Power to summon witnesses and take evidence 17
20. Power to obtain documents 19
21. Disclosure of summons or notice may be prohibited 20
22. Offences of disclosure 22
23. Failure of witnesses to attend and answer questions 24
24. Warrant for arrest of witness 26
25. False or misleading evidence 28
26. Protection of witnesses from harm or intimidation 28
27. Legal protection of examiners, counsel and witnesses 29
28. Order for delivery to examiner of passport of witness 29
Part 4 -- Search warrants
29. Search warrants 31
30. Application by telephone for search warrants 34
Part 5 -- Performance of functions and
exercise of powers
31. Consent of Board may be needed before functions can
be performed 37
32. Functions not affected by State laws 37
33. Extent to which functions are conferred 37
34. Performance of functions 37
35. Functions of federal judicial officers 39
36. Limitation on challenge to Board determination 39
37. Cooperation with law enforcement agencies and
coordination with overseas authorities 40
38. Incidental powers of ACC 40
Part 6 -- General
39. Double jeopardy 41
40. Arrangements for Board to obtain information or
intelligence 41
41. Administrative arrangements with the Commonwealth 41
42. Judges to perform functions under the ACC Act 41
43. Furnishing of reports and information 41
44. Secrecy 44
45. Delegation 46
46. Liability for damages 46
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Australian Crime Commission (Western Australia) Bill 2003
Contents
47. Obstructing, hindering or disrupting the ACC or an
examiner 46
48. Public meetings and bulletins 47
49. Annual report 47
50. Tabling of the review of the ACC Act 49
51. Review of Act 49
52. Things done for multiple purposes 50
53. Regulations 50
Part 7 -- Transitional
54. Terms used in this Part 51
55. Certain investigations taken to be special
investigations 51
56. Assembling and giving evidence obtained by the NCA 51
57. Limitation on challenges to validity of references 51
58. Arrangements to obtain information or intelligence 52
59. Things seized under search warrants 52
60. Directions as to publication 52
61. Disclosure of summons or notice 52
62. Witness protection 53
63. Administrative arrangements in relation to the NCA 53
64. Secrecy obligations 53
65. Validation of administrative actions 54
66. Transitional regulations 54
Part 8 -- Repeal of the National Crime
Authority (State Provisions)
Act 1985 and amendments to other
written laws
67. National Crime Authority (State Provisions) Act 1985
repealed 55
68. Co-operative Schemes (Administrative Actions)
Act 2001 amended 55
69. Federal Courts (State Jurisdiction) Act 1999 amended 55
70. First Home Owner Grant Regulations 2000 amended 56
71. Royal Commission (Custody of Records) Act 1992
amended 56
72. Surveillance Devices Act 1998 amended 57
73. Surveillance Devices Regulations 1999 amended 59
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Australian Crime Commission (Western Australia) Bill 2003
Contents
74. Telecommunications (Interception) Western Australia
Act 1996 amended 60
75. Witness Protection (Western Australia) Act 1996
amended 60
Defined Terms
page iv
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Australian Crime Commission (Western
Australia) Bill 2003
A Bill for
An Act to --
• provide for the operation of the Australian Crime Commission in
Western Australia;
• repeal the National Crime Authority (State Provisions) Act 1985;
and
• make consequential amendments to various written laws,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Australian Crime Commission (Western Australia) Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Australian Crime Commission
(Western Australia) Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
10 (1) In this Act unless the contrary intention appears --
"ACC Act" means the Australian Crime Commission Act 2002
of the Commonwealth;
Note: That Act was originally known as the National Crime Authority
Act 1984.
15 "ACC operation/investigation" means --
(a) an ACC State intelligence operation; or
(b) an ACC State investigation;
"ACC State intelligence operation" means an intelligence
operation that the ACC is undertaking under section 5(b);
20 "ACC State investigation" means an investigation that the
ACC is conducting under section 5(a);
"authority" includes a department, agency or body;
"Commonwealth body or person" means --
(a) the ACC;
25 (b) the Board;
(c) the Chair of the Board;
(d) a member of the Board;
(e) the Inter-Governmental Committee;
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Australian Crime Commission (Western Australia) Bill 2003
Preliminary Part 1
s. 3
(f) the CEO;
(g) a member of the staff of the ACC;
(h) an examiner;
(i) a Judge of the Federal Court; or
5 (j) a Federal Magistrate;
"Commonwealth Minister" means the Commonwealth
Minister administering the ACC Act;
"confer" includes to impose;
"Federal Magistrate" means a Federal Magistrate (including
10 the Chief Federal Magistrate) who holds office under the
Federal Magistrates Act 1999 of the Commonwealth;
"function" has a meaning affected by subsection (5);
"intelligence operation" means the collection, correlation,
analysis or dissemination of criminal information and
15 intelligence relating to a relevant criminal activity;
"issuing officer" means --
(a) a Judge of the Federal Court;
(b) a Judge of a court of the State; or
(c) a Federal Magistrate;
20 "perform" includes to exercise;
"serious and organised crime" means an offence --
(a) that involves 2 or more offenders and substantial
planning and organisation;
(b) that involves, or is of a kind that ordinarily involves,
25 the use of sophisticated methods and techniques;
(c) that is committed, or is of a kind that is ordinarily
committed, in conjunction with other offences of a
like kind;
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Australian Crime Commission (Western Australia) Bill 2003
Part 1 Preliminary
s. 3
(d) that is an offence of a kind prescribed by the
regulations or an offence that involves any of the
following --
(i) theft;
5 (ii) fraud;
(iii) tax evasion;
(iv) money laundering;
(v) currency violations;
(vi) illegal drug dealings;
10 (vii) illegal gambling;
(viii) obtaining financial benefit by vice engaged in
by others;
(ix) extortion;
(x) violence;
15 (xi) bribery or corruption of, or by, an officer of
the Commonwealth, an officer of a State or an
officer of a Territory;
(xii) perverting the course of justice;
(xiii) bankruptcy and company violations;
20 (xiv) harbouring of criminals;
(xv) forging of passports;
(xvi) firearms;
(xvii) armament dealings;
(xviii) illegal importation or exportation of fauna into
25 or out of Australia;
(xix) cybercrime;
(xx) matters of the same general nature as one or
more of the matters listed above;
and
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Australian Crime Commission (Western Australia) Bill 2003
Preliminary Part 1
s. 3
(e) that is punishable by imprisonment for a period of
3 years or more,
but --
(f) does not include an offence committed in the course
5 of a genuine dispute as to matters pertaining to the
relations of employees and employers by a party to
the dispute, unless the offence is committed in
connection with, or as part of, a course of activity
involving the commission of a serious and organised
10 crime other than an offence so committed; and
(g) does not include an offence the time for the
commencement of a prosecution for which has
expired;
"special ACC operation/investigation" means --
15 (a) an ACC State intelligence operation that the Board
has determined to be a special operation; or
(b) an ACC State investigation that the Board has
determined to be a special investigation;
"State Minister" means the State Minister administering this
20 Act.
(2) If this Act uses a term that is used in the ACC Act, the term has
the same meaning in this Act as it has in the ACC Act unless the
contrary intention appears in this Act.
(3) For the purposes of this Act (except the definition of
25 "Commonwealth body or person" in subsection (1)) the
definition of "member of the staff of the ACC" in section 4(1)
of the ACC Act is taken to extend to a legal practitioner
appointed under section 7.
(4) If the head of an ACC operation/investigation suspects that an
30 offence (the "incidental offence") that is not a serious and
organised crime may be directly or indirectly connected with, or
may be a part of, a course of activity involving the commission
of a serious and organised crime (whether or not the head has
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Australian Crime Commission (Western Australia) Bill 2003
Part 1 Preliminary
s. 4
identified the nature of that serious and organised crime), then
the incidental offence is, for so long only as the head so
suspects, taken, for the purposes of this Act, to be a serious and
organised crime.
5 (5) A reference in this Act, other than Part 2, to a "function"
includes a reference to a power or duty.
(6) In this Act a fine expressed as a number of "penalty units" is a
fine of the amount calculated in accordance with the following
formula --
10 A×B
where --
A is that number of penalty units; and
B is the amount (in dollars) that is for the time being a
penalty unit under section 4AA of the Crimes
15 Act 1914 of the Commonwealth.
(7) The words "Summary conviction penalty" appearing in this
Act in respect of an offence have the meaning and effect
provided for in section 5 of The Criminal Code.
4. Act to bind the Crown
20 This Act binds the Crown in right of the State and, so far as the
legislative power of the State permits, the Crown in its other
capacities.
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Australian Crime Commission (Western Australia) Bill 2003
The Australian Crime Commission, the Board and the Inter- Part 2
Governmental Committee
The Australian Crime Commission Division 1
s. 5
Part 2 -- The Australian Crime Commission, the
Board and the Inter-Governmental Committee
Division 1 -- The Australian Crime Commission
5. Functions of ACC
5 The ACC has the following functions --
(a) to investigate a matter relating to a relevant criminal
activity, in so far as 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
10 (irrespective of whether that offence or those offences
have a federal aspect);
(b) to undertake an intelligence operation in so far as the
serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences
15 against a law of the State (irrespective of whether that
offence or those offences have a federal aspect);
(c) to provide a report to the Board on the outcome of such
an investigation or operation;
(d) such other functions as are conferred on the ACC by
20 other provisions of this Act or any other Act.
6. CEO to manage ACC operations/investigations
(1) The CEO is to manage, coordinate and control ACC
operations/investigations.
(2) As soon as practicable after the Board consents under
25 section 55A(3) of the ACC Act to the ACC undertaking an
intelligence operation under section 5(b) or conducting an
investigation under section 5(a), the CEO must determine, in
writing, the head of the operation or investigation.
(3) Before the CEO determines the head of the operation or
30 investigation, the CEO must consult the Chair of the Board, and
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Australian Crime Commission (Western Australia) Bill 2003
Part 2 The Australian Crime Commission, the Board and the Inter-
Governmental Committee
Division 2 The Board of the ACC
s. 7
such other members of the Board as the CEO thinks appropriate,
in relation to the determination.
(4) Subject to such consultation with the examiners as is
appropriate and practicable, the CEO may make arrangements
5 as to the examiner who is to be able to exercise his or her
powers under this Act in relation to a special
ACC operation/investigation.
7. Counsel assisting ACC
The CEO may appoint a legal practitioner to assist the ACC as
10 counsel in relation to ACC operations/investigations generally
or in relation to a particular matter or matters.
Division 2 -- The Board of the ACC
8. Functions of the Board
(1) The Board has the following functions --
15 (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
20 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
25 intelligence operation is a special operation but, 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
30 investigation is a special investigation but, before doing so, it
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Australian Crime Commission (Western Australia) Bill 2003
The Australian Crime Commission, the Board and the Inter- Part 2
Governmental Committee
The Board of the ACC Division 2
s. 9
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
5 allegations constituting the relevant criminal activity to
which the operation or investigation relates;
(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
10 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
15 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.
20 9. Board meetings
(1) The Chair of the Board may convene meetings of the Board.
(2) The Chair, in exercising his or her power to convene meetings,
must ensure that meetings of the Board are scheduled to meet
the requirements set out in section 7D of the ACC Act.
25 10. Presiding at Board meetings
A meeting of the Board must be presided over by --
(a) if the Chair of the Board is present -- the Chair; or
(b) otherwise -- another eligible Commonwealth Board
member who is present and who is nominated, in
30 writing, by the Chair to preside.
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Australian Crime Commission (Western Australia) Bill 2003
Part 2 The Australian Crime Commission, the Board and the Inter-
Governmental Committee
Division 2 The Board of the ACC
s. 11
11. Quorum at Board meetings
At a meeting of the Board a quorum is constituted by 7 Board
members (not including the CEO).
12. Voting at Board meetings
5 (1) Subject to this section, a question arising at a meeting of the
Board is to be determined by a majority of the votes of Board
members present.
(2) The person presiding at a meeting has --
(a) a deliberative vote; and
10 (b) if necessary, also a casting vote.
(3) The CEO is not entitled to vote on any question arising at a
meeting of the Board.
(4) The Board cannot determine that an ACC State intelligence
operation is a special operation, or that an ACC State
15 investigation is a special investigation, unless at least 9 Board
members (including at least 2 eligible Commonwealth Board
members) vote in favour of making the determination.
13. Conduct of Board meetings
(1) The Board may regulate proceedings at its meetings as it
20 considers appropriate.
(2) The Board must ensure that minutes of its meetings are kept.
14. Resolutions outside of Board meetings
(1) This section applies to a resolution --
(a) which, without being considered at a meeting of the
25 Board, is referred to all members of the Board; and
(b) of which --
(i) if subparagraph (ii) does not apply -- a majority
of those members (not including the CEO); or
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Australian Crime Commission (Western Australia) Bill 2003
The Australian Crime Commission, the Board and the Inter- Part 2
Governmental Committee
The Board of the ACC Division 2
s. 15
(ii) if the resolution is that the Board determine that
an ACC State intelligence operation is a special
operation, or that an ACC State investigation is a
special investigation -- at least 9 Board
5 members (not including the CEO but including at
least 2 eligible Commonwealth Board members),
indicate by telephone or other mode of communication
to the Chair of the Board that they are in favour.
(2) The resolution is as valid and effectual as if it had been passed
10 at a meeting of the Board duly convened and held.
15. Board committees
(1) The Board may, with the unanimous agreement of all the
members of the Board (not including the CEO), establish a
committee or committees to assist in carrying out the functions
15 of the Board.
(2) The Board may dissolve a committee at any time.
(3) The functions of a committee are as determined by the
unanimous agreement of all the members of the Board (not
including the CEO).
20 (4) However, the Board cannot determine that a committee has the
function of determining whether an ACC State intelligence
operation is a special operation or whether an ACC State
investigation is a special investigation.
(5) In performing its functions, a committee must comply with any
25 directions given to the committee by the Board.
(6) A question arising at a meeting of a committee is to be
determined by a majority of the votes of committee members
present.
(7) However, the CEO is not entitled to vote on any question
30 arising at a meeting of a committee of which he or she is a
member.
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Australian Crime Commission (Western Australia) Bill 2003
Part 2 The Australian Crime Commission, the Board and the Inter-
Governmental Committee
Division 3 The Inter-Governmental Committee
s. 16
(8) A committee must inform the other members of the Board of its
decisions.
(9) A committee may regulate proceedings at its meetings as it
considers appropriate.
5 (10) A committee must ensure that minutes of its meetings are kept.
Division 3 -- The Inter-Governmental Committee
16. Functions of Committee
(1) Within the period of 30 days beginning on the day the
Committee is given a copy of a determination (a "special
10 determination") under section 8(2) or (3), the Committee may
by resolution, with the agreement of the member of the
Committee representing the Commonwealth and at least 5 other
members of the Committee, request the Chair of the Board to
give further information to the Committee in relation to the
15 determination.
(2) Subject to subsection (3), the Chair of the Board must comply
with the request.
(3) If the Chair of the Board considers that disclosure of
information to the public could prejudice the safety or
20 reputation of persons or the operations of law enforcement
agencies, the Chair must not give the Committee the
information.
(4) If the Chair of the Board does not give the Committee
information on the ground that the Chair considers that
25 disclosure of the information to the public could prejudice the
safety or reputation of persons or the operations of law
enforcement agencies, the Committee may refer the request to
the State Minister.
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Australian Crime Commission (Western Australia) Bill 2003
The Australian Crime Commission, the Board and the Inter- Part 2
Governmental Committee
The Inter-Governmental Committee Division 3
s. 16
(5) If the Committee refers the request to the State Minister, he or
she --
(a) must determine in writing whether disclosure of the
information could prejudice the safety or reputation of
5 persons or the operations of law enforcement agencies;
(b) must provide copies of that determination to the Chair of
the Board and the Committee; and
(c) must not disclose his or her reasons for determining the
question of whether the information could prejudice the
10 safety or reputation of persons or the operations of law
enforcement agencies in the way stated in the
determination.
(6) Within the period of 30 days beginning on the day the
Committee makes a request under subsection (1) in relation to a
15 special determination, the Committee may by resolution, with
the agreement of the member of the Committee representing the
Commonwealth and at least 5 other members of the Committee,
revoke the determination.
(7) The Committee must notify the Chair of the Board and the CEO
20 of the revocation. The revocation takes effect when the CEO is
so notified.
(8) To avoid doubt, the revoking of the determination does not
affect the validity of any act done in connection with the ACC
operation/investigation concerned before the CEO is so notified.
25 (9) The Committee does not have a duty to consider whether to
exercise the power under subsection (1) or (6) in respect of any
special determination, whether the Committee is requested to do
so by any person, or in any other circumstances.
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Australian Crime Commission (Western Australia) Bill 2003
Part 3 Examinations
s. 17
Part 3 -- Examinations
17. Examinations
An examiner may conduct an examination for the purposes of a
special ACC operation/investigation.
5 18. Conduct of examination
(1) An examiner may regulate the conduct of proceedings at an
examination as the examiner thinks fit.
(2) At an examination before an examiner --
(a) a person giving evidence may be represented by a legal
10 practitioner; and
(b) if, by reason of the existence of special circumstances,
the examiner consents to a person who is not giving
evidence being represented by a legal practitioner -- the
person may be so represented.
15 (3) An examination before an examiner must be held in private and
the examiner may give directions as to the persons who may be
present during the examination or a part of the examination.
(4) Nothing in a direction given by the examiner under
subsection (3) prevents the presence, when evidence is being
20 taken at an examination before the examiner, of --
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with subsection (2),
a person who, by reason of a direction given by the
examiner under subsection (3), is entitled to be present.
25 (5) If an examination before an examiner is being held, a person
(other than a member of the staff of the ACC approved by the
examiner) must not be present at the examination unless the
person is entitled to be present by reason of a direction given by
the examiner under subsection (3) or by reason of
30 subsection (4).
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Australian Crime Commission (Western Australia) Bill 2003
Examinations Part 3
s. 18
(6) At an examination before an examiner --
(a) counsel assisting the examiner generally or in relation to
the matter to which the ACC operation/investigation
relates;
5 (b) any person authorised by the examiner to appear before
the examiner at the examination; or
(c) any legal practitioner representing a person at the
examination in accordance with subsection (2),
may, so far as the examiner thinks appropriate, examine or
10 cross-examine any witness on any matter that the examiner
considers relevant to the ACC operation/investigation.
(7) If a person (other than a member of the staff of the ACC) is
present at an examination before an examiner while another
person (the "witness") is giving evidence at the examination,
15 the examiner 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.
(8) To avoid doubt, a person does not cease to be entitled to be
20 present at an examination before an examiner or part of such an
examination if --
(a) the examiner fails to comply with subsection (7); or
(b) a witness comments adversely on the presence of the
person under subsection (7)(b).
25 (9) An examiner may direct that --
(a) any evidence given before the examiner;
(b) the contents of any document, or a description of any
thing, produced to the examiner;
(c) any information that might enable a person who has
30 given evidence before the examiner to be identified; or
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Australian Crime Commission (Western Australia) Bill 2003
Part 3 Examinations
s. 18
(d) the fact that any person has given or may be about to
give evidence at an examination,
must not be published, or must not be published except in such
manner, and to such persons, as the examiner specifies. The
5 examiner must give such a direction if 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.
(10) Subject to subsection (11), the CEO may, in writing, vary or
10 revoke a direction under subsection (9).
(11) The CEO must not vary or revoke a direction if 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.
15 (12) If --
(a) a person has been charged with an offence before a
federal court or before a court of the State; and
(b) the court considers that it may be desirable in the
interests of justice that particular evidence given before
20 an examiner, being evidence in relation to which the
examiner has given a direction under subsection (9), be
made available to the person or to a legal practitioner
representing the person,
the court may give to the examiner or to the CEO a certificate to
25 that effect and, if the court does so, the examiner or the CEO, as
the case may be, must make the evidence available to the court.
(13) If --
(a) the examiner or the CEO makes evidence available to a
court in accordance with subsection (12); and
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Australian Crime Commission (Western Australia) Bill 2003
Examinations Part 3
s. 19
(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 concerned or to a legal practitioner
5 representing the person.
(14) A person who --
(a) is present at an examination in contravention of
subsection (5); or
(b) makes a publication in contravention of a direction
10 given under subsection (9),
is guilty of an offence.
Penalty: A fine of 20 penalty units or imprisonment for one
year.
(15) At the conclusion of an examination held by an examiner, the
15 examiner must give the head of the special ACC
operation/investigation --
(a) a record of the proceedings of the examination; and
(b) any documents or other things given to the examiner at,
or in connection with, the examination.
20 19. Power to summon witnesses and take evidence
(1) An examiner may summon a person to appear before the
examiner at an examination to give evidence and to produce
such documents or other things (if any) as are referred to in the
summons.
25 (2) Before issuing a summons under subsection (1), the examiner
must be satisfied that it is reasonable in all the circumstances to
do so. The examiner must also record in writing the reasons for
the issue of the summons.
(3) A summons under subsection (1) requiring a person to appear
30 before an examiner at an examination must be accompanied by
a copy of the determination of the Board that the State ACC
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Australian Crime Commission (Western Australia) Bill 2003
Part 3 Examinations
s. 19
intelligence operation is a special operation or that the State
ACC investigation is a special investigation.
(4) A summons under subsection (1) requiring a person to appear
before an examiner at an examination must, unless the examiner
5 issuing the summons is satisfied that, in the particular
circumstances of the special ACC operation/investigation to
which the examination relates, it would prejudice the
effectiveness of the special ACC operation/investigation for the
summons to do so, set out, so far as is reasonably practicable,
10 the general nature of the matters in relation to which the
examiner intends to question the person, but nothing in this
subsection prevents the examiner from questioning the person in
relation to any matter that relates to a special ACC
operation/investigation.
15 (5) The examiner who is holding an examination may require a
person appearing at the examination to produce a document or
other thing.
(6) An examiner may, at an examination, take evidence on oath or
affirmation and for that purpose --
20 (a) the examiner may require a person appearing at the
examination to give evidence either to take an oath or to
make an affirmation in a form approved by the
examiner; and
(b) the examiner, or a person who is an authorised person in
25 relation to the ACC, may administer an oath or
affirmation to a person so appearing at the examination.
(7) In this section, a reference to a person who is an authorised
person in relation to the ACC is a reference to a person
authorised in writing, or a person included in a class of persons
30 authorised in writing, for the purposes of this section by the
CEO.
(8) The powers conferred by this section are not exercisable except
for the purposes of a special ACC operation/investigation.
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Australian Crime Commission (Western Australia) Bill 2003
Examinations Part 3
s. 20
20. Power to obtain documents
(1) An examiner may, by notice in writing served on a person,
require the person --
(a) to attend, at a time and place specified in the notice,
5 before a person specified in the notice, being the
examiner or a member of the staff of the ACC; and
(b) to produce at that time and place to the person so
specified a document or thing specified in the notice,
being a document or thing that is relevant to a special
10 ACC operation/investigation.
(2) Before issuing a notice under subsection (1), the examiner must
be satisfied that it is reasonable in all the circumstances to do so.
The examiner must also record in writing the reasons for the
issue of the notice.
15 (3) A notice may be issued under this section in relation to a special
ACC operation/investigation, whether or not an examination
before an examiner is being held for the purposes of the
operation or investigation.
(4) A person must not refuse or fail to comply with a notice served
20 on the person under this section.
(5) A person who contravenes subsection (4) is guilty of a crime.
Penalty: A fine of 200 penalty units or imprisonment for
5 years.
Summary conviction penalty: A fine of 20 penalty units or
25 imprisonment for one year.
(6) The provisions of section 23(3) to (5) and (7) apply in relation
to a person who is required to produce a document or thing by a
notice served on him or her under this section in the same
manner as they apply in relation to a person who is required to
30 produce a document or thing at an examination before an
examiner.
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(7) If there is a contravention of section 23(3) as applied by
subsection (6), the provisions of section 23(6) apply to that
contravention.
21. Disclosure of summons or notice may be prohibited
5 (1) The examiner issuing a summons under section 19 or a notice
under section 20 must, or may, as provided in subsection (2),
include in it a notation to the effect that disclosure of
information about the summons or notice, or any official matter
connected with it, is prohibited except in the circumstances, if
10 any, specified in the notation.
(2) A notation must not be included in the summons or notice
except as follows --
(a) the examiner must include the notation if satisfied that
failure to do so would reasonably be expected to
15 prejudice --
(i) the safety or reputation of a person;
(ii) the fair trial of a person who has been or may be
charged with an offence; or
(iii) the effectiveness of an operation or investigation;
20 (b) the examiner may include the notation if satisfied that
failure to do so might prejudice --
(i) the safety or reputation of a person;
(ii) the fair trial of a person who has been or may be
charged with an offence; or
25 (iii) the effectiveness of an operation or investigation;
(c) the examiner may include the notation if satisfied that
failure to do so might otherwise be contrary to the public
interest.
(3) If a notation is included in the summons or notice, it must be
30 accompanied by a written statement setting out the rights and
obligations conferred or imposed by section 22 on the person
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s. 21
who was served with, or otherwise given, the summons or
notice.
(4) If, after the ACC has concluded the operation or investigation
concerned --
5 (a) no evidence of an offence has been obtained as
described in section 34(1);
(b) evidence of an offence or offences has been assembled
and given as required by section 34(1) and the CEO has
been advised that no person will be prosecuted;
10 (c) evidence of an offence or offences committed by only
one person has been assembled and given as required by
section 34(1) and criminal proceedings have begun
against that person; or
(d) evidence of an offence or offences committed by 2 or
15 more persons has been assembled and given as required
by section 34(1) and --
(i) criminal proceedings have begun against all
those persons; or
(ii) criminal proceedings have begun against one or
20 more of those persons and the CEO has been
advised that no other of those persons will be
prosecuted,
all the notations that were included under this section in any
summonses or notices relating to the operation or investigation
25 are cancelled by this subsection.
(5) If a notation is cancelled by subsection (4), the CEO must serve
a written notice of that fact on each person who was served
with, or otherwise given, the summons or notice containing the
notation.
30 (6) In this section --
"official matter" has the same meaning as in section 22.
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22. Offences of disclosure
(1) A person who is served with, or otherwise given, a summons or
notice containing a notation made under section 21 must not
disclose --
5 (a) the existence of the summons or notice or any
information about it; or
(b) the existence of, or any information about, any official
matter connected with the summons or notice.
Penalty: A fine of 20 penalty units or imprisonment for one
10 year.
(2) Subsection (1) does not prevent the person from making a
disclosure --
(a) in accordance with the circumstances, if any, specified
in the notation;
15 (b) to a legal practitioner for the purpose of obtaining legal
advice or representation relating to the summons, notice
or matter;
(c) if the person is a body corporate -- to an officer or agent
of the body corporate for the purpose of ensuring
20 compliance with the summons or notice; or
(d) if the person is a legal practitioner -- for the purpose of
obtaining the agreement of another person under
section 23(3) to the legal practitioner answering a
question or producing a document at an examination
25 before an examiner.
(3) If a disclosure is made to a person as permitted by
subsection (2) or (4), the following provisions apply --
(a) while he or she is a person of a kind to whom a
disclosure is so permitted to be made, he or she must not
30 disclose the existence of, or any information about, the
summons or notice, or any official matter connected
with it, except as permitted by subsection (4);
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s. 22
(b) while he or she is no longer such a person, he or she
must not, in any circumstances, make a record of, or
disclose the existence of, the summons, notice or matter,
or disclose any information about any of them.
5 Penalty: A fine of 20 penalty units or imprisonment for one
year.
(4) A person to whom information has been disclosed, as permitted
by subsection (2) or this subsection, may disclose that
information --
10 (a) if the person is an officer or agent of a body corporate
referred to in subsection (2)(c) --
(i) to another officer or agent of the body corporate
for the purpose of ensuring compliance with the
summons or notice; or
15 (ii) to a legal practitioner for the purpose of
obtaining legal advice or representation relating
to the summons, notice or matter;
or
(b) if the person is a legal practitioner -- for the purpose of
20 giving legal advice, or making representations, relating
to the summons, notice or matter.
(5) This section ceases to apply to a summons or notice after --
(a) the notation contained in the summons or notice is
cancelled by section 21(4); or
25 (b) 5 years elapse after the issue of the summons or notice,
whichever is sooner.
(6) A reference in this section to disclosing something's existence
includes disclosing information from which a person could
reasonably be expected to infer its existence.
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(7) In this section --
"official matter" means any of the following (whether past,
present or contingent) --
(a) the determination referred to in section 19(3);
5 (b) an ACC operation/investigation;
(c) an examination held by an examiner;
(d) court proceedings.
23. Failure of witnesses to attend and answer questions
(1) A person served, as prescribed, with a summons to appear as a
10 witness at an examination before an examiner must not --
(a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused, or released
from further attendance, by the examiner.
(2) A person appearing as a witness at an examination before an
15 examiner must not --
(a) when required pursuant to section 19 either to take an
oath or make an affirmation -- refuse or fail to comply
with the requirement;
(b) refuse or fail to answer a question that he or she is
20 required to answer by the examiner; or
(c) refuse or fail to produce a document or thing that he or
she was required to produce by a summons under this
Act served on him or her as prescribed.
(3) Where --
25 (a) a legal practitioner is required to answer a question or
produce a document at an examination before an
examiner; and
(b) the answer to the question would disclose, or the
document contains, a privileged communication made
30 by or to the legal practitioner in his or her capacity as a
legal practitioner,
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s. 23
the legal practitioner is entitled to refuse to comply with the
requirement unless the person to whom or by whom the
communication was made agrees to the legal practitioner
complying with the requirement but, where the legal practitioner
5 refuses to comply with the requirement, he or she must, if so
required by the examiner, give the examiner the name and
address of the person to whom or by whom the communication
was made.
(4) Subsection (5) limits the use that can be made of any answers
10 given at an examination before an examiner, or documents or
things produced at an examination before an examiner. That
subsection only applies if --
(a) a person appearing as a witness at an examination before
an examiner --
15 (i) answers a question that he or she is required to
answer by the examiner; or
(ii) produces a document or thing that he or she was
required to produce by a summons under this Act
served on him or her as prescribed;
20 (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 earnings received by the
person in respect of his or her employment and does not
set out any other information; and
25 (c) before answering the question or 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.
30 (5) The answer, or the document or thing, is not admissible in
evidence against the person in --
(a) a criminal proceeding; or
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Part 3 Examinations
s. 24
(b) a proceeding for the imposition of a penalty,
other than --
(c) confiscation proceedings; or
(d) a proceeding in respect of --
5 (i) in the case of an answer -- the falsity of the
answer; or
(ii) in the case of the production of a document --
the falsity of any statement contained in the
document.
10 (6) A person who contravenes subsection (1), (2) or (3) is guilty of
a crime.
Penalty: A fine of 200 penalty units or imprisonment for
5 years.
Summary conviction penalty: A fine of 20 penalty units or
15 imprisonment for one year.
(7) Subsection (3) does not affect the law relating to legal
professional privilege.
24. Warrant for arrest of witness
(1) Where, upon application by an examiner, a Judge of the Federal
20 Court or the Supreme Court sitting in chambers is satisfied by
evidence on oath that there are reasonable grounds to believe --
(a) that a person who has been ordered, under section 28, to
deliver his or her passport to the examiner, whether or
not the person has complied with the order, is
25 nevertheless likely to leave Australia for the purpose of
avoiding giving evidence before the examiner;
(b) that a person in relation to whom a summons has been
issued under section 19(1) --
(i) has absconded or is likely to abscond; or
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s. 24
(ii) is otherwise attempting, or is otherwise likely to
attempt, to evade service of the summons;
or
(c) that a person has committed an offence under
5 section 23(1) or is likely to do so,
the Judge may issue a warrant for the apprehension of the
person.
(2) The warrant may be executed by any person to whom it is
addressed and the person executing it has power to break into
10 and enter any premises, vessel, aircraft or vehicle for the
purpose of executing it.
(3) A member of the Australian Federal Police cannot execute
the warrant unless he or she is also a member of the staff of
the ACC.
15 (4) The warrant may be executed even if the warrant is not at the
time in the possession of the person executing it.
(5) A person executing the warrant may only use such reasonable
force as is necessary for the execution.
(6) Where a person is apprehended under the warrant, he or she
20 must be brought, as soon as practicable, before a Judge of the
Federal Court or the Supreme Court and the Judge may --
(a) admit the person to bail, with such security as the Judge
thinks fit, on such conditions as he or she thinks
necessary to ensure the appearance of the person as a
25 witness before the examiner;
(b) order the continued detention of the person for the
purposes of ensuring his or her appearance as such a
witness; or
(c) order the release of the person.
30 (7) Where a person is under detention under this section, he or she
must, within 14 days after he or she was brought, or last
brought, before a Judge of the Federal Court or the Supreme
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Court in accordance with this section, or within such shorter or
longer time as a Judge has fixed upon the last previous
appearance of the person before a Judge under this section, be
again brought before a Judge and the Judge may then exercise
5 any of the powers of a Judge under subsection (6).
(8) In this section --
"Australia" includes the external Territories.
25. False or misleading evidence
(1) A person must not, at an examination before an examiner, give
10 evidence that the person knows is false or misleading in a
material particular.
(2) A person who contravenes subsection (1) is guilty of a crime.
Penalty: A fine of 200 penalty units or imprisonment for
5 years.
15 Summary conviction penalty: A fine of 20 penalty units or
imprisonment for one year.
26. Protection of witnesses from harm or intimidation
Where it appears to an examiner that, by reason of the fact that a
person --
20 (a) is to appear, is appearing or has appeared at an
examination before the examiner to give evidence or to
produce a document or thing; or
(b) proposes to furnish or has furnished information, or
proposes to produce or has produced a document or
25 thing, to the ACC otherwise than at an examination
before the examiner,
the safety of the person may be prejudiced or the person may be
subjected to intimidation or harassment, the examiner may make
such arrangements (including arrangements with the State
30 Minister or with members of the Australian Federal Police or of
the Police Force of the State) as are necessary to avoid prejudice
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Examinations Part 3
s. 27
to the safety of the person, or to protect the person from
intimidation or harassment.
27. Legal protection of examiners, counsel and witnesses
(1) An examiner has, in the performance of his or her functions or
5 the exercise of his or her powers as an examiner in relation to an
examination before the examiner, the same protection and
immunity as a Justice of the High Court.
(2) A legal practitioner assisting the ACC or an examiner or
representing a person at an examination before an examiner has
10 the same protection and immunity as a barrister has in appearing
for a party in proceedings in the High Court.
(3) Subject to this Act, a person summoned to attend or appearing
before an examiner as a witness has the same protection as a
witness in proceedings in the High Court.
15 28. Order for delivery to examiner of passport of witness
(1) Where, upon application by an examiner, a Judge of the Federal
Court sitting in chambers is satisfied by evidence on oath
that --
(a) in connection with a special ACC
20 operation/investigation, a summons has been
issued under this Act requiring a person to appear
before an examiner at an examination (whether or
not the summons has been served), or a person has
appeared before an examiner at an examination, to give
25 evidence or to produce documents or other things;
(b) there are reasonable grounds for believing that the
person may be able to give to the examiner evidence or
further evidence that is, or to produce to the examiner
documents or other things or further documents or other
30 things that are, relevant to the special ACC
operation/investigation and could be of particular
significance to the special ACC operation/investigation;
and
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(c) there are reasonable grounds for suspecting that the
person intends to leave Australia and has in his or her
possession, custody or control a passport issued to him
or her,
5 the Judge may make an order requiring the person to appear
before a Judge of the Federal Court on a date, and at a time and
place, specified in the order to show cause why he or she should
not be ordered to deliver the passport to the examiner.
(2) Where a person appears before a Judge of the Federal Court
10 under an order made under subsection (1), the Judge may, if he
or she thinks fit, make an order --
(a) requiring the person to deliver to the examiner any
passport issued to him or her that is in his or her
possession, custody or control; and
15 (b) authorising the examiner to retain the passport until the
expiration of such period (not exceeding one month) as
is specified in the order.
(3) A Judge of the Federal Court may, upon application by the
examiner, extend for a further period (not exceeding one month)
20 or further periods (not exceeding one month in each case) the
period for which the examiner is authorised to retain a passport
under an order made under subsection (2), but so that the total
period for which the examiner is authorised to retain the
passport does not exceed 3 months.
25 (4) A Judge of the Federal Court may, at any time while the
examiner is authorised under an order made under this section
to retain a passport issued to a person, upon application made by
the person, revoke the order and, if the order is revoked, the
examiner must forthwith return the passport to the person.
30 (5) In this section --
"Australia" includes the external Territories.
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s. 29
Part 4 -- Search warrants
29. Search warrants
(1) An eligible person may apply to an issuing officer for the issue
of a warrant under subsection (2) if --
5 (a) the eligible person has reasonable grounds for
suspecting that, on a particular day (the "relevant
day"), being the day on which, or a particular day
within one month after the day on which, the application
is made, there may be, upon any land or upon or in any
10 premises, vessel, aircraft or vehicle, a thing or things of
a particular kind connected with a special ACC
operation/investigation ("things of the relevant kind");
and
(b) the eligible person believes on reasonable grounds that,
15 if a summons were issued for the production of the thing
or things, the thing or things might be concealed, lost,
mutilated or destroyed.
(2) Where an application under subsection (1) is made to an issuing
officer, the issuing officer may issue a warrant authorising a
20 person named in the warrant (the "authorised person"), with
such assistance as the authorised person thinks necessary and if
necessary by force --
(a) to enter upon the land or upon or into the premises,
vessel, aircraft or vehicle;
25 (b) to search the land, premises, vessel, aircraft or vehicle
for things of the relevant kind; and
(c) to seize any things of the relevant kind found upon the
land or upon or in the premises, vessel, aircraft or
vehicle and deliver things so seized to any person
30 participating in the special ACC operation/investigation.
(3) A member of the Australian Federal Police cannot be an
authorised person unless he or she is also a member of the staff
of the ACC.
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(4) An issuing officer must not issue a warrant under subsection (2)
unless --
(a) an affidavit has been furnished to him or her setting out
the grounds on which the issue of the warrant is being
5 sought;
(b) the applicant (or some other person) has given to the
issuing officer, either orally or by affidavit, such further
information (if any) as the issuing officer requires
concerning the grounds on which the issue of the
10 warrant is being sought; and
(c) the issuing officer is satisfied that there are reasonable
grounds for issuing the warrant.
(5) Where an issuing officer issues a warrant under subsection (2),
he or she must state on the affidavit furnished to him or her as
15 mentioned in subsection (4)(a) which of the grounds specified in
that affidavit he or she has relied on to justify the issue of the
warrant and particulars of any other grounds relied on by him or
her to justify the issue of the warrant.
(6) A warrant issued under this section must --
20 (a) include a statement of the purpose for which the warrant
is issued, which must include a reference to the special
ACC operation/investigation with which the things of
the relevant kind are connected;
(b) state whether entry is authorised to be made at any time
25 of the day or night or during specified hours of the day
or night;
(c) include a description of the kind of things authorised to
be seized; and
(d) specify a date, not being later than one month after the
30 date of issue of the warrant, upon which the warrant
ceases to have effect.
(7) A warrant issued under this section may be executed, in
accordance with its terms, at any time during the period
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s. 29
commencing on the relevant day and ending on the date
specified in the warrant as the date upon which the warrant
ceases to have effect.
(8) A person executing a warrant issued under this section may only
5 use such reasonable force as is necessary for the execution.
(9) Where, in the course of searching, in accordance with the terms
of a warrant issued under this section, for things of the relevant
kind, the person executing the warrant finds a thing that he or
she believes on reasonable grounds to be evidence that would be
10 admissible in the prosecution of a person for an offence against
a law of the Commonwealth or of a State or Territory and he or
she believes on reasonable grounds that it is necessary to seize
the thing in order to prevent its concealment, loss, mutilation or
destruction, or its use in committing such an offence, the person
15 may seize the thing and, if he or she does so, the thing is to be
taken, for the purposes of this Act, to have been seized pursuant
to the warrant.
(10) Where a thing is seized pursuant to a warrant issued under this
section --
20 (a) the head of the special ACC operation/investigation may
retain the thing if, and for so long as, retention of the
thing by the head of the special ACC
operation/investigation is reasonably necessary for the
purposes of the special ACC operation/investigation to
25 which the thing is relevant; and
(b) if the retention of the thing by the head of the special
ACC operation/investigation is not, or ceases to be,
reasonably necessary for such purposes, a person
participating in the special ACC operation/investigation
30 must cause the thing to be delivered to --
(i) if the thing may be used in evidence in
proceedings of a kind referred to in
subsection (13) -- the authority or person
responsible for taking the proceedings; or
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s. 30
(ii) if subparagraph (i) does not apply -- the person
who appears to the person participating in the
special ACC operation/investigation to be
entitled to the possession of the thing,
5 unless the CEO has furnished the thing to the
Attorney-General of the Commonwealth or of a State, or
to a law enforcement agency, or to another person or
authority, in accordance with section 34(1)(a), (b) or (c).
(11) A person participating in the special ACC
10 operation/investigation may, instead of delivering a thing
in accordance with subsection (10)(b)(ii), deliver the thing
to the Attorney-General of the Commonwealth or of a State, or
to a law enforcement agency, for the purpose of assisting in the
investigation of criminal offences, where the person
15 participating in the special ACC operation/investigation is
satisfied that the thing is likely to be useful for that purpose.
(12) Nothing in this section affects a right of a person to apply for, or
the power of a person to issue, a warrant, being a right or power
existing otherwise than by virtue of this section.
20 (13) Without limiting the generality of subsection (1)(a), a reference
in this section to a thing connected with a special ACC
operation/investigation, includes a reference to a thing that may
be used in evidence in proceedings for the taking, by or on
behalf of the Crown in right of the Commonwealth, of a State or
25 of a Territory, of civil remedies in respect of a matter connected
with, or arising out of, an offence to which the special ACC
operation/investigation relates.
(14) In this section --
"thing" includes a document.
30 30. Application by telephone for search warrants
(1) Where, by reason of circumstances of urgency, an eligible
person considers it necessary to do so, the eligible person may
make application by telephone for a warrant under section 29.
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(2) Before so making application, the eligible person must prepare
an affidavit that sets out the grounds on which the issue of the
warrant is being sought, but may, if it is necessary to do so,
make the application before the affidavit has been sworn.
5 (3) Where an issuing officer issues a warrant under section 29 upon
an application made by telephone, he or she must --
(a) complete and sign the warrant;
(b) inform the eligible person who made the application of
the terms of the warrant and the date on which and the
10 time at which it was signed;
(c) record on the warrant his or her reasons for issuing the
warrant; and
(d) send a copy of the warrant to the CEO.
(4) Where a warrant is issued under section 29 upon an application
15 made by telephone a member of the staff of the ACC or a
member of the Police Force of the State may complete a form of
warrant in the terms indicated by the issuing officer under
subsection (3) and, where a form of warrant is so completed, he
or she must write on it the name of the issuing officer who
20 issued the warrant and the date on which and the time at which
it was signed.
(5) Where a person completes a form of warrant in accordance with
subsection (4), the person must, not later than the day next
following the date of expiry of the warrant, send to the issuing
25 officer who signed the warrant the form of warrant completed
by him or her and the affidavit duly sworn in connection with
the warrant.
(6) Upon receipt of the documents referred to in subsection (5) the
issuing officer must attach them to the warrant signed by him or
30 her and deal with the documents in the manner in which he or
she would have dealt with the affidavit if the application for the
warrant had been made to him or her in accordance with
section 29.
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(7) A form of warrant duly completed in accordance with
subsection (4) is to be taken to be a warrant issued under
section 29.
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Performance of functions and exercise of powers Part 5
s. 31
Part 5 -- Performance of functions and exercise
of powers
31. Consent of Board may be needed before functions can be
performed
5 The conferral of a function on a Commonwealth body or person
by this Act is subject to any provision of the ACC Act that
requires the consent of the Board before the function can be
performed.
32. Functions not affected by State laws
10 (1) A Commonwealth body or person is not precluded by any law
of the State from performing a function conferred by this Act.
(2) Despite subsection (1), the performance of a function conferred
by this Act is subject in every case to the Parliamentary
Privileges Act 1891.
15 33. Extent to which functions are conferred
(1) This Act does not purport to impose any duty on a
Commonwealth body or person to perform a function if the
imposition of the duty would be beyond the legislative power of
the Parliament of the State.
20 (2) This section does not limit the operation of section 7 of the
Interpretation Act 1984 or section 35.
34. Performance of functions
(1) Where the ACC, in carrying out an ACC
operation/investigation, obtains evidence of an offence
25 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;
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s. 34
(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
5 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 --
10 (a) the Attorney-General of the Commonwealth or the
relevant State, as the case requires;
(b) a relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement
authority) who is authorised to commence the
15 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 --
20 (a) for reform of the law relating to relevant offences,
including --
(i) evidence and procedure applicable to the trials of
relevant offences;
(ii) relevant offences in relation to, or involving,
25 corporations;
(iii) taxation, banking and financial frauds;
(iv) reception by Australian courts of evidence
obtained in foreign countries as to relevant
offences; and
30 (v) maintenance and preservation of taxation,
banking and financial records;
(b) for reform of administrative practices; or
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Performance of functions and exercise of powers Part 5
s. 35
(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
5 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
10 performance of any of its other functions.
35. Functions of federal judicial officers
(1) In this section --
"federal judicial officer" means a Judge of the Federal Court
or a Federal Magistrate.
15 (2) A function conferred on a federal judicial officer by this Act is
conferred on the federal judicial officer in a personal capacity
and not as a court or a member of a court. The federal judicial
officer need not accept the function conferred.
(3) Anything done or made by a federal judicial officer under this
20 Act has effect only by virtue of this Act and is not to be taken
by implication to be done or made by a court.
(4) A federal judicial officer performing a function under this Act
has the same protection and immunity as if he or she were
performing that function as, or as a member of, a court (being
25 the court of which the federal judicial officer is a member).
36. Limitation on challenge to Board determination
If --
(a) an ACC State intelligence operation is determined by
the Board to be a special operation; or
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Australian Crime Commission (Western Australia) Bill 2003
Part 5 Performance of functions and exercise of powers
s. 37
(b) an ACC State investigation is determined by the Board
to be a special investigation,
then, except in a proceeding instituted by the Attorney-General
of the Commonwealth or of a State, any act or thing done by the
5 ACC because of that determination must not be challenged,
reviewed, quashed or called in question in any court of the State
on the ground that the determination was not lawfully made.
37. Cooperation with law enforcement agencies and
coordination with overseas authorities
10 (1) In performing its functions under this Act, the ACC must, so far
as is practicable, work in cooperation with law enforcement
agencies.
(2) In performing its functions under this Act, the ACC may
coordinate its activities with the activities of authorities and
15 persons in other countries performing functions similar to
functions of the ACC.
38. Incidental powers of ACC
The ACC has power to do all things necessary to be done for or
in connection with, or reasonably incidental to, the performance
20 of its functions under this Act, and any specific powers
conferred on the ACC by this Act are not to be taken to limit by
implication the generality of this section.
page 40
Australian Crime Commission (Western Australia) Bill 2003
General Part 6
s. 39
Part 6 -- General
39. Double jeopardy
If --
(a) an act or omission by a person is an offence under this
5 Act and is also an offence under the ACC Act; and
(b) the person has been punished for the offence under the
ACC Act,
the person is not liable to be punished for the offence under this
Act.
10 40. Arrangements for Board to obtain information or
intelligence
The State Minister may make an arrangement with the
Commonwealth Minister for the Board to be given by the State,
or an authority of the State, information or intelligence relating
15 to relevant criminal activities.
41. Administrative arrangements with the Commonwealth
The State Minister may make an arrangement with the
Commonwealth Minister under which the State will, from time
to time as agreed upon under the arrangement, make available a
20 person who is an officer or employee of the State or of an
authority of the State or a member of the Police Force of the
State, or persons who are such officers, employees or members,
to perform services for the ACC.
42. Judges to perform functions under the ACC Act
25 A Judge of a court of the State may perform functions conferred
on the Judge by section 22, 23 or 31 of the ACC Act.
43. Furnishing of reports and information
(1) The Chair of the Board must keep the Commonwealth Minister
informed of the general conduct of the ACC in the performance
page 41
Australian Crime Commission (Western Australia) Bill 2003
Part 6 General
s. 43
of the ACC's functions under this Act. If the Commonwealth
Minister requests the Chair of the Board to provide to him or
her information concerning a specific matter relating to the
ACC's conduct in the performance of its functions under this
5 Act, the Chair must comply with the request.
(2) If a State Minister who is a member of the Inter-Governmental
Committee requests the Chair of the Board to provide to him or
her information concerning a specific matter relating to the
ACC's conduct in the performance of its functions under this
10 Act, the Chair must comply with the request.
(3) Subject to subsection (5), the Chair of the Board --
(a) must, when requested by the Inter-Governmental
Committee to furnish information to the Committee
concerning a specific matter relating to an ACC
15 operation/investigation that the ACC has conducted or is
conducting, comply with the request; and
(b) must when requested by the Inter-Governmental
Committee to do so, and may at such other times as the
Chair of the Board thinks appropriate, inform the
20 Committee concerning the general conduct of the ACC
in the performance of the ACC's functions under this
Act.
(4) Subject to subsection (5), the Chair of the Board must furnish to
the Inter-Governmental Committee, for transmission to the
25 Governments represented on the Committee, a report of the
findings of any special ACC operation/investigation conducted
by the ACC.
(5) The Chair of the Board must not furnish to the
Inter-Governmental Committee any matter the disclosure of
30 which to members of the public could prejudice the safety or
reputation of persons or the operations of law enforcement
agencies and, if the findings of the ACC in an investigation
include any such matter, the Chair of the Board must prepare a
page 42
Australian Crime Commission (Western Australia) Bill 2003
General Part 6
s. 43
separate report in relation to the matter and furnish that report to
the State Minister.
(6) The Chair of the Board may include in a report furnished under
subsection (4) a recommendation that the report be laid before
5 each House of the Parliament of the State.
(7) The CEO may give to --
(a) any law enforcement agency;
(b) any foreign law enforcement agency; or
(c) any other authority of the Commonwealth, a State or a
10 Territory prescribed by the regulations,
any information that has come into the ACC's possession under
this Act and that is relevant to the activities of that agency or
authority if --
(d) it appears to the CEO to be appropriate to do so; and
15 (e) to do so would not be contrary to a law of the
Commonwealth, a State or a Territory that would
otherwise apply.
(8) The CEO may, whenever it appears to the CEO to be
appropriate to do so, furnish to authorities and persons
20 responsible for taking civil remedies by or on behalf of the
Crown in right of the Commonwealth, of a State or of a
Territory any information that has come into the ACC's
possession under this Act and that may be relevant for the
purposes of so taking such remedies in respect of matters
25 connected with, or arising out of, offences against the laws of
the Commonwealth, of a State or of a Territory, as the case may
be.
page 43
Australian Crime Commission (Western Australia) Bill 2003
Part 6 General
s. 44
(9) Where any information relating to the performance of the
functions of an authority of the Commonwealth or a State or the
Administration of a Territory comes into the ACC's possession
under this Act, the CEO may, if he or she considers it desirable
5 to do so --
(a) furnish that information to the authority or
Administration; and
(b) make any recommendations to the authority or
Administration as to the performance of its functions
10 that the CEO considers appropriate.
(10) A report under this Act that sets out any finding that an offence
has been committed, or makes any recommendation for the
institution of a prosecution in respect of an offence, must not be
made available to the public unless the finding or
15 recommendation is expressed to be based on evidence that
would be admissible in the prosecution of a person for that
offence.
(11) The CEO may, whenever it appears to the CEO to be
appropriate to do so, furnish to the Australian Security
20 Intelligence Organisation any information that has come into the
ACC's possession under this Act and that is relevant to security
as defined in section 4 of the Australian Security Intelligence
Organisation Act 1979 of the Commonwealth.
44. Secrecy
25 (1) This section applies to --
(a) the CEO;
(b) a member of the Board;
(c) a member of the staff of the ACC; and
(d) an examiner.
30 (2) A person to whom this section applies who, either directly or
indirectly, except for the purposes of a relevant Act or otherwise
in connection with the performance of his or her functions under
page 44
Australian Crime Commission (Western Australia) Bill 2003
General Part 6
s. 44
a relevant Act, and either while he or she is or after he or she
ceases to be a person to whom this section applies --
(a) makes a record of any information; or
(b) divulges or communicates to any person any
5 information,
being information acquired by him or her by reason of, or in the
course of, the performance of his or her functions under this
Act, is guilty of an offence.
Penalty: A fine of 50 penalty units or imprisonment for one
10 year, or both.
(3) A person to whom this section applies cannot be required to
produce in any court any document that has come into his or her
custody or control in the course of, or by reason of, the
performance of his or her functions under this Act, or to divulge
15 or communicate to a court a matter or thing that has come to his
or her notice in the performance of those functions, except
where the ACC, or the CEO, the acting CEO, a member of the
Board or an examiner in his or her official capacity, is a party to
the relevant proceeding or it is necessary to do so --
20 (a) for the purpose of carrying into effect the provisions of a
relevant Act; or
(b) for the purposes of a prosecution instituted as a result of
an operation or investigation carried out by the ACC in
the performance of its functions.
25 (4) In this section --
"court" includes any tribunal, authority or person having power
to require the production of documents or the answering of
questions;
"member of the staff of the ACC" means --
30 (a) a person referred to in the definition of "member of
the staff of the ACC" in section 4(1) of the ACC Act;
or
page 45
Australian Crime Commission (Western Australia) Bill 2003
Part 6 General
s. 45
(b) a person who assists, or performs services for or on
behalf of, a legal practitioner appointed under
section 7 in the performance of the legal
practitioner's functions as counsel to the ACC;
5 "produce" includes permit access to, and "production" has a
corresponding meaning;
"relevant Act" means the ACC Act, this Act or any
corresponding Act of another State.
45. Delegation
10 The CEO may, by writing, delegate to a member of the staff of
the ACC who is an SES employee, or an acting SES employee,
all or any of the CEO's functions under another provision of this
Act.
46. Liability for damages
15 A member of the Board is not liable to an action or other
proceeding for damages for or in relation to an act done or
omitted in good faith in performance or purported performance
of any function conferred or expressed to be conferred by or
under this Act.
20 47. Obstructing, hindering or disrupting the ACC or an
examiner
(1) A person must not --
(a) obstruct or hinder --
(i) the ACC in the performance of its functions; or
25 (ii) an examiner in the performance of his or her
functions as an examiner;
or
(b) disrupt an examination before an examiner.
page 46
Australian Crime Commission (Western Australia) Bill 2003
General Part 6
s. 48
(2) A person who contravenes subsection (1) is guilty of a crime.
Penalty: A fine of 200 penalty units or imprisonment for
5 years.
Summary conviction penalty: A fine of 20 penalty units or
5 imprisonment for one year.
48. Public meetings and bulletins
(1) The Board may hold meetings in public for the purpose of
informing the public about, or receiving submissions in relation
to, the performance of the ACC's functions, including its
10 functions under this Act.
(2) The Board may publish bulletins for the purpose of informing
the public about the performance of the ACC's functions,
including its functions under this Act.
(3) The Board must not --
15 (a) divulge in the course of a meeting held under
subsection (1); or
(b) include in a bulletin published under subsection (2),
any matter the disclosure of which to members of the public
could prejudice the safety or reputation of a person or prejudice
20 the fair trial of a person who has been or may be charged with
an offence.
49. Annual report
(1) In this section --
"annual report" means a report by the Chair of the Board
25 under section 61 of the ACC Act.
(2) An annual report in relation to a year must include the
following --
(a) a description of any ACC State investigation that the
ACC conducted during the year and that the Board
30 determined to be a special investigation;
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Australian Crime Commission (Western Australia) Bill 2003
Part 6 General
s. 49
(b) a description, which may include statistics, of any
patterns or trends, and the nature and scope, of any
criminal activity that have come to the attention of the
ACC during that year in the performance of its functions
5 under this Act;
(c) any recommendations for changes in the laws of the
Commonwealth, of a participating State or of a
Territory, or for administrative action, that, as a result of
the performance of the ACC's functions under this Act,
10 the Board considers should be made;
(d) the general nature and the extent of any information
furnished by the CEO during that year under this Act to
a law enforcement agency;
(e) the extent to which ACC State investigations have
15 resulted in the prosecution in that year of persons for
offences;
(f) the extent to which ACC State investigations have
resulted in confiscation proceedings;
(g) particulars of the number and results of court
20 proceedings involving the ACC in relation to its
functions under this Act being proceedings that were
determined, or otherwise disposed of, during that year.
(3) An annual report must not --
(a) identify persons as being suspected of having committed
25 offences; or
(b) identify persons as having committed offences unless
those persons have been convicted of those offences.
(4) In any annual report the Chair of the Board must take
reasonable care to ensure that the identity of a person is not
30 revealed if to reveal his or her identity might, having regard to
any material appearing in the report, 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.
page 48
Australian Crime Commission (Western Australia) Bill 2003
General Part 6
s. 50
(5) The State Minister is to cause a copy of --
(a) each annual report that he or she receives; and
(b) any comments made on the report by the
Inter-Governmental Committee, being comments that
5 accompanied the report,
to be laid before each House of the Parliament of the State
within 15 sitting days of that House after he or she receives the
report.
50. Tabling of the review of the ACC Act
10 At the earliest opportunity after the State Minister becomes
aware that a report under section 61A of the ACC Act has been
laid before the Commonwealth Parliament the State Minister
must --
(a) cause a copy of the report to be laid before each House
15 of Parliament; or
(b) if copies of the report are not then available, notify each
House that a report has been presented under
section 61A and indicate when it is expected that a copy
will be laid before it.
20 51. Review of Act
(1) The State Minister must cause an independent review of the
operation and effectiveness of this Act to be undertaken as soon
as possible after the expiration of 3 years after its
commencement.
25 (2) A person who undertakes such a review must give the State
Minister a written report of the review.
(3) The State Minister must cause a copy of the report of the review
to be laid before each House of Parliament of the State within
4 years after the commencement of this Act.
page 49
Australian Crime Commission (Western Australia) Bill 2003
Part 6 General
s. 52
52. Things done for multiple purposes
The validity of anything done for the purposes of this Act is not
affected only because it was done also for the purposes of the
ACC Act.
5 53. Regulations
The Governor may make regulations for or with respect to any
matter that by this Act is required or permitted to be prescribed
or that is necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
page 50
Australian Crime Commission (Western Australia) Bill 2003
Transitional Part 7
s. 54
Part 7 -- Transitional
54. Terms used in this Part
In this Part --
"NCA investigation" means an investigation under section 5(4)
5 of the NCA (State Provisions) Act;
"NCA (State Provisions) Act" means the National Crime
Authority (State Provisions) Act 1985.
55. Certain investigations taken to be special investigations
If an ACC State investigation relates to a matter into which an
10 NCA investigation had been commenced but not completed
before 1 January 2003, the Board of the ACC is taken to have
determined, in writing, that the ACC State investigation is a
special investigation.
56. Assembling and giving evidence obtained by the NCA
15 If --
(a) before 1 January 2003, the National Crime Authority
obtained evidence of a kind referred to in subsection (1)
of section 6 of the NCA (State Provisions) Act; but
(b) the National Crime Authority had not assembled and
20 given the evidence as mentioned in that subsection
before 1 January 2003,
section 34(1) applies as if that evidence had been obtained by
the ACC in carrying out an ACC operation/investigation.
57. Limitation on challenges to validity of references
25 Section 8 of the NCA (State Provisions) Act continues to apply
in relation to a reference made under that Act as if that section
had not been repealed by this Act.
page 51
Australian Crime Commission (Western Australia) Bill 2003
Part 7 Transitional
s. 58
58. Arrangements to obtain information or intelligence
An arrangement that was in force under section 11 of the NCA
(State Provisions) Act immediately before 1 January 2003 has
effect as if it had been made under section 40.
5 59. Things seized under search warrants
If a thing seized pursuant to a warrant under section 12 of the
NCA (State Provisions) Act is in the ACC's possession,
section 29(10) and (11) apply to that thing as if it had been
seized pursuant to a warrant under section 29.
10 60. Directions as to publication
(1) If a direction was in force under section 16(9) of the NCA (State
Provisions) Act immediately before 1 January 2003 --
(a) the direction has effect; and
(b) section 18(10), (11) and (14)(b) apply to the direction as
15 if it were a direction under section 18(9).
(2) Section 18(12) and (13), so far as they relate to the CEO, apply
to evidence in relation to which a direction was given under
section 16(9) of the NCA (State Provisions) Act as if it were
evidence given before an examiner in relation to which the
20 examiner has given a direction under section 18(9).
61. Disclosure of summons or notice
If a notation made in connection with an NCA investigation was
in force under section 18A of the NCA (State Provisions) Act
immediately before 1 January 2003 --
25 (a) the notation has effect;
(b) section 22 applies to the summons or notice containing
the notation; and
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Australian Crime Commission (Western Australia) Bill 2003
Transitional Part 7
s. 62
(c) if there is an ACC operation/investigation relating to the
matter to which the NCA investigation related,
section 21(4) and (5) apply as if the notation had been
made in connection with the ACC
5 operation/investigation.
62. Witness protection
Arrangements that were in effect under section 24 of the NCA
(State Provisions) Act immediately before 1 January 2003 have
effect as if they had been made under section 26.
10 63. Administrative arrangements in relation to the NCA
An arrangement that was in force under section 28(b) of the
NCA (State Provisions) Act immediately before 1 January 2003
has effect as if it had been made under section 41.
64. Secrecy obligations
15 (1) In this section --
"former official" means a person who was, at any time, a
person to whom section 31 of the NCA (State Provisions)
Act applied.
(2) Section 44(2) and (3) extend to a former official (whether or not
20 he or she is or has been a person to whom section 44 applies) as
if --
(a) references in section 44 to this Act or to a corresponding
Act of another State included references to the NCA
(State Provisions) Act or to a corresponding Act of
25 another State; and
(b) the reference in section 44(3)(b) to an investigation
carried out by the ACC included a reference to an
investigation carried out by the National Crime
Authority before 1 January 2003.
page 53
Australian Crime Commission (Western Australia) Bill 2003
Part 7 Transitional
s. 65
65. Validation of administrative actions
The Co-operative Schemes (Administrative Actions) Act 2001
(the "validation Act") applies to administrative actions that
have been taken, or have purportedly been taken, under the
5 NCA (State Provisions) Act as if --
(a) the NCA (State Provisions) Act were still a relevant
State Act for the purposes of the validation Act; and
(b) for the purposes of the validation Act, the
"commencement time" in relation to the NCA (State
10 Provisions) Act were the time when section 67 comes
into operation.
66. Transitional regulations
(1) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations may prescribe all matters that are
15 required, necessary or convenient to be prescribed in relation to
that matter.
(2) In subsection (1) --
"transitional matter" includes a savings or application matter.
page 54
Australian Crime Commission (Western Australia) Bill 2003
Repeal of the National Crime Authority (State Provisions) Act Part 8
1985 and amendments to other written laws
s. 67
Part 8 -- Repeal of the National Crime Authority (State
Provisions) Act 1985 and amendments to other
written laws
67. National Crime Authority (State Provisions) Act 1985
5 repealed
The National Crime Authority (State Provisions) Act 1985 is
repealed.
68. Co-operative Schemes (Administrative Actions) Act 2001
amended
10 (1) The amendments in this section are to the Co-operative Schemes
(Administrative Actions) Act 2001*.
[* Act No. 31 of 2001.
For subsequent amendments see Act No. 30 of 2003.]
(2) Section 3 is amended in paragraph (a) of the definition of
15 "commencement time" by deleting "or the National Crime
Authority (State Provisions) Act 1985".
(3) Section 4(1) is amended in the definition of "relevant State Act"
as follows:
(a) after paragraph (aa) by inserting --
20 " and ";
(b) by deleting paragraph (b) and "and" after it.
69. Federal Courts (State Jurisdiction) Act 1999 amended
(1) The amendments in this section are to the Federal Courts (State
Jurisdiction) Act 1999*.
25 [* Act No. 32 of 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 131.]
page 55
Australian Crime Commission (Western Australia) Bill 2003
Part 8 Repeal of the National Crime Authority (State Provisions) Act
1985 and amendments to other written laws
s. 70
(2) Section 3 is amended in the definition of "relevant State Act" as
follows:
(a) after paragraph (a) by inserting --
"
5 (aa) Australian Crime Commission (Western
Australia) Act 2003;
";
(b) by deleting paragraph (h).
70. First Home Owner Grant Regulations 2000 amended
10 (1) The amendments in this section are to the First Home Owner
Grant Regulations 2000*.
[* Published in Gazette 30 June 2000 p. 3433-7.
For amendments to 13 November 2003 see Western
Australian Legislation Information Tables for 2002, Table 4,
15 p. 120 and Gazette 30 June 2003 p. 2581-638.]
(2) Regulation 11(1) is amended by deleting "National Crime
Authority established under the National Crime Authority
Act 1984" and inserting instead --
"
20 Australian Crime Commission established by the
Australian Crime Commission Act 2002
".
71. Royal Commission (Custody of Records) Act 1992 amended
(1) The amendments in this section are to the Royal Commission
25 (Custody of Records) Act 1992*.
[* Act No. 43 of 1992.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 345.]
page 56
Australian Crime Commission (Western Australia) Bill 2003
Repeal of the National Crime Authority (State Provisions) Act Part 8
1985 and amendments to other written laws
s. 72
(2) Section 4(1) is amended in paragraph (c) of the definition of
"regulatory body" by deleting "National Crime Authority" and
inserting instead --
" Australian Crime Commission ".
5 72. Surveillance Devices Act 1998 amended
(1) The amendments in this section are to the Surveillance Devices
Act 1998*.
[* Reprint 1 as at 12 September 2003.]
(2) Section 3(1) is amended as follows:
10 (a) by inserting in the appropriate alphabetical position --
"
"Australian Crime Commission" means the
Australian Crime Commission established by the
Australian Crime Commission Act 2002 of the
15 Commonwealth;
";
(b) by deleting paragraph (c) of the definition of "authorised
person" and inserting instead --
"
20 (c) in the case of the Australian Crime
Commission, a person authorised for the
purpose by the Chair of the Board of the
Australian Crime Commission;
";
25 (c) in --
(i) the definition of "emergency authorisation"; and
(ii) paragraph (c) of the definition of "law
enforcement officer",
by deleting "National Crime Authority" and inserting
30 instead --
" Australian Crime Commission ";
page 57
Australian Crime Commission (Western Australia) Bill 2003
Part 8 Repeal of the National Crime Authority (State Provisions) Act
1985 and amendments to other written laws
s. 72
(d) by deleting the definition of "member of the staff of the
National Crime Authority" and inserting instead --
"
"member of the staff of the Australian Crime
5 Commission" has the meaning given to the term
"member of the staff of the ACC" in section 4(1)
of the Australian Crime Commission Act 2002 of
the Commonwealth as extended by section 3(3) of
the Australian Crime Commission (Western
10 Australia) Act 2004;
";
(e) by deleting the definition of "National Crime
Authority".
(3) The provisions set out in the Table to this subsection are
15 amended by deleting "National Crime Authority" and inserting
instead --
" Australian Crime Commission ".
Table
s. 4A s. 17(2)(d)(ii)
s. 11 s. 20 (in both places where it
occurs)
s. 15(1)(c) s. 31(3)(b)(iv)
s. 15(3)(c) (in the first place s. 40(3)
where it occurs)
s. 15(3)(f)(i) s. 41(1), (1)(a), (2) and (3)
s. 16(4) s. 43(3) (in the second place where
it occurs)
Note: The heading to section 4A will be altered to read "State Police
20 working for Australian Crime Commission".
page 58
Australian Crime Commission (Western Australia) Bill 2003
Repeal of the National Crime Authority (State Provisions) Act Part 8
1985 and amendments to other written laws
s. 73
(4) The provisions set out in the Table to this subsection are
amended by deleting "Chairperson of the National Crime
Authority" and inserting instead --
" Chair of the Board of the Australian Crime Commission ".
5 Table
s. 9(2)(a)(iii) s. 43(3) and (4)
s. 15(3)(c) (in both places s. 44(1)(f)
where it occurs)
73. Surveillance Devices Regulations 1999 amended
(1) The amendments in this section are to the Surveillance Devices
Regulations 1999*.
[* Published in Gazette 18 November 1999 p. 5767-86.
10 For amendments to 13 November 2003 see Western
Australian Legislation Information Tables for 2002, Table 4,
p. 374.]
(2) Regulation 7(1), (2) and (3) are amended by deleting "National
Crime Authority" and inserting instead --
15 " Australian Crime Commission ".
(3) The forms of Warrant, Application for emergency authorization,
Emergency authorization and Application for tracking device
warrant or tracking device (maintenance/retrieval) warrant in
Schedule 1 are amended by deleting "staff of National Crime
20 Authority" in each place where it occurs and inserting
instead --
" staff of Australian Crime Commission ".
(4) The form of Emergency authorization in Schedule 1 is amended
by deleting "Chairperson of National Crime Authority" and
25 inserting instead --
" Chair of Board of Australian Crime Commission ".
page 59
Australian Crime Commission (Western Australia) Bill 2003
Part 8 Repeal of the National Crime Authority (State Provisions) Act
1985 and amendments to other written laws
s. 74
74. Telecommunications (Interception) Western Australia
Act 1996 amended
(1) The amendments in this section are to the Telecommunications
(Interception) Western Australia Act 1996*.
5 [* Reprint 1 as at 22 August 2003.]
(2) Section 3(1) is amended in paragraph (b) of the definition of
"agency" by deleting "National Crime Authority" and inserting
instead --
" Australian Crime Commission ".
10 75. Witness Protection (Western Australia) Act 1996 amended
(1) The amendments in this section are to the Witness Protection
(Western Australia) Act 1996 *.
[* Reprint 1 as at 10 October 2003.]
(2) Section 3(1) is amended by deleting paragraph (c) of the
15 definition of "approved authority" and inserting instead --
"
(c) the Chair of the Board of the Australian
Crime Commission established by the
Australian Crime Commission Act 2002 of
20 the Commonwealth;
".
page 60
Australian Crime Commission (Western Australia) Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
ACC Act .......................................................................................................... 3(1)
ACC operation/investigation............................................................................ 3(1)
ACC State intelligence operation..................................................................... 3(1)
ACC State investigation................................................................................... 3(1)
annual report .................................................................................................. 49(1)
Australia.............................................................................................. 24(8), 28(5)
authorised person ........................................................................................... 29(2)
authority ........................................................................................................... 3(1)
Commonwealth body or person ....................................................................... 3(1)
Commonwealth Minister ................................................................................. 3(1)
confer ............................................................................................................... 3(1)
court ............................................................................................................... 44(4)
federal judicial officer.................................................................................... 35(1)
Federal Magistrate ........................................................................................... 3(1)
former official ................................................................................................ 64(1)
function ................................................................................................... 3(1), 3(5)
incidental offence............................................................................................. 3(4)
intelligence operation....................................................................................... 3(1)
issuing officer .................................................................................................. 3(1)
member of the staff of the ACC..................................................................... 44(4)
NCA (State Provisions) Act................................................................................54
NCA investigation ..............................................................................................54
official matter...................................................................................... 21(6), 22(7)
penalty units..................................................................................................... 3(6)
perform............................................................................................................. 3(1)
produce .......................................................................................................... 44(4)
production ...................................................................................................... 44(4)
relevant Act.................................................................................................... 44(4)
relevant day.................................................................................................... 29(1)
serious and organised crime............................................................................. 3(1)
special ACC operation/investigation................................................................ 3(1)
special determination ..................................................................................... 16(1)
State Minister ................................................................................................... 3(1)
Summary conviction penalty ........................................................................... 3(7)
thing ............................................................................................................. 29(14)
things of the relevant kind.............................................................................. 29(1)
transitional matter .......................................................................................... 66(2)
page 61
Australian Crime Commission (Western Australia) Bill 2003
Defined Terms
validation Act......................................................................................................65
witness ........................................................................................................... 18(7)
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