{"id":"a-2003-58","name":"Australian Crime Commission (ACT) Act 2003","slug":"australian-crime-commission-act-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"58 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23129,"registerId":"act-a-2003-58-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (ACT) Act 2003","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAustralian Crime Commission (ACT)\nAct 2003\nA2003-58\nRepublication No 6\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Australian Crime Commission (ACT) Act 2003 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAustralian Crime Commission (ACT)\nAct 2003\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Terms used in ACC Act 3\n7 Incidental offences may be taken to be serious and organised crime 3\nPart 2 The ACC, the board and inter-governmental\ncommittee\nDivision 2.1 Australian Crime Commission\n8 Functions of ACC 4\n9 CEO to manage ACC operations/investigations 4\n\nContents\nPage\ncontents 2 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Counsel assisting ACC 5\nDivision 2.2 Board of ACC\n11 Functions of board 5\n12 Board meetings 7\n13 Presiding at board meetings 7\n14 Quorum at board meetings 7\n15 Voting at board meetings 7\n16 Conduct of board meetings 8\n17 Resolutions outside of board meetings 8\n18 Board committees 8\nDivision 2.3 Inter-governmental committee\n19 Functions of committee 9\nPart 3 Examinations\n20 Examinations 12\n21 Conduct of examination 12\n22 Power to summon witnesses and take evidence 16\n23 Power to obtain documents 17\n24 Disclosure of summons or notice may be prohibited 18\n25 Offences of disclosure 20\n26 Failure of witnesses to attend and answer questions 24\n27 Warrant for arrest of witness 27\n28 False or misleading evidence 28\n29 Protection of witnesses from harm or intimidation 29\n30 Legal protection of examiners, counsel and witnesses 29\n31 Order for giving passport of witness to examiner 30\nPart 4 Search warrants\n32 Search warrants 32\n33 Application by telephone for search warrants 35\nPart 5 Exercising functions\n34 Consent of board may be needed before functions can be exercised 37\n35 Functions not affected by Territory laws 37\n36 Extent to which functions are given 37\n\nContents\nPage\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Exercising functions 37\n38 Functions of federal judicial officers 39\n39 Limitation on challenge to board determination 39\n40 Cooperation with law enforcement agencies and coordination with\noverseas authorities 40\n41 Incidental powers of ACC 40\nPart 6 General\n42 Arrangements for board to obtain information or intelligence 41\n43 Administrative arrangements with Commonwealth 41\n44 Judges to exercise functions under ACC Act 41\n45 Giving reports and information 41\n46 Secrecy 44\n47 Delegation by CEO 46\n48 Liability for damages 46\n49 Obstructing, hindering or disrupting ACC or an examiner 46\n50 Public meetings and bulletins 46\n51 Annual report 47\n52 Things done for multiple purposes 48\n53 Regulation-making power 48\nDictionary 49\nEndnotes\n1 About the endnotes 54\n2 Abbreviation key 54\n3 Legislation history 55\n4 Amendment history 55\n5 Earlier republications 58\n6 Expired transitional or validating provisions 58\n\n\n\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAustralian Crime Commission (ACT)\nAct 2003\nAn Act to make provision for the operation of the Australian Crime Commission\nin the ACT, to repeal the National Crime Authority (Territory Provisions) Act\n1991, and for related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Australian Crime Commission (ACT) Act 2003.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\nNote 3 Crimes Act\nThe Crimes Act 1900, s 375 and s 375AA provide for the summary\ndisposal of certain cases.\n\nPreliminary Part 1\nSection 6\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Terms used in ACC Act\nIf this Act uses a term that is used in the ACC Act, the term has the\nsame meaning in this Act as it has in the ACC Act.\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act, s 155).\n7 Incidental offences may be taken to be serious and\norganised crime\nIf the head of an ACC operation/investigation suspects that an offence\n(the incidental offence) that is not a serious and organised crime may\nbe directly or indirectly connected with, or may be a part of, a course\nof activity involving the commission of a serious and organised crime\n(whether or not the head has identified the nature of that serious and\norganised crime), then, the incidental offence is, for so long only as\nthe head so suspects, taken, for this Act, to be a serious and organised\ncrime.\n\nPart 2 The ACC, the board and inter-governmental committee\nDivision 2.1 Australian Crime Commission\nSection 8\npage 4 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 The ACC, the board and inter-\ngovernmental committee\nDivision 2.1 Australian Crime Commission\n8 Functions of ACC\nThe ACC has the following functions:\n(a) to investigate a matter relating to a relevant criminal activity, so\nfar as the serious and organised crime is, or the serious and\norganised crimes are or include, an offence or offences against\nan ACT law (irrespective of whether that offence or those\noffences have a federal aspect);\n(b) to undertake an intelligence operation so far as the serious and\norganised crime is, or the serious and organised crimes are or\ninclude, an offence or offences against an ACT law (irrespective\nof whether that offence or those offences have a federal aspect);\n(c) to provide a report to the board on the outcome of such an\ninvestigation or operation;\n(d) any other functions given to the ACC by this Act or any other\nAct.\n9 CEO to manage ACC operations/investigations\n(1) The CEO is to manage, coordinate and control ACC\noperations/investigations.\n(2) As soon as practicable after the board consents under the ACC Act,\nsection 55A (3) (Operation of State laws) to the ACC undertaking an\nintelligence operation under section 8 (b) or conducting an\ninvestigation under section 8 (a), the CEO must determine, in writing,\nthe head of the operation or investigation.\nNote Under the ACC Act, State includes the ACT (see s 4 (1), def State)\n\nThe ACC, the board and inter-governmental committee Part 2\nBoard of ACC Division 2.2\nSection 10\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Before the CEO determines the head of the operation or investigation,\nthe CEO must consult the chair of the board, and such other members\nof the board as the CEO considers appropriate, in relation to the\ndetermination.\n(4) Subject to such consultation with the examiners as is appropriate and\npracticable, the CEO may make arrangements about the examiner\nwho may exercise the CEO’s powers under this Act in relation to a\nspecial ACC operation/investigation.\n10 Counsel assisting ACC\nThe CEO may appoint a legal practitioner to assist the ACC as\ncounsel in relation to ACC operations/investigations generally or in\nrelation to a particular matter or matters.\nDivision 2.2 Board of ACC\n11 Functions of board\n(1) The board has the following functions:\n(a) to determine, in writing, whether an ACC Territory intelligence\noperation is a special operation or whether an ACC Territory\ninvestigation is a special investigation;\n(b) to determine, in writing, the class or classes of people to\nparticipate in an ACC Territory intelligence operation or ACC\nTerritory investigation;\n(c) to establish task forces;\n(d) any other functions given to the board by other provisions of this\nAct.\n(2) The board may determine, in writing, that an ACC Territory\nintelligence operation is a special operation.\n\nPart 2 The ACC, the board and inter-governmental committee\nDivision 2.2 Board of ACC\nSection 11\npage 6 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Before making a determination under subsection (2), the board must\nconsider whether methods of collecting the criminal information and\nintelligence that do not involve the use of powers in this Act have\nbeen effective.\n(4) The board may determine, in writing, that an ACC Territory\ninvestigation is a special investigation.\n(5) Before making a determination under subsection (4), the board must\nconsider whether ordinary police methods of investigation into the\nmatters are likely to be effective.\n(6) A determination under subsection (2) or (4) must—\n(a) describe the general nature of the circumstances or allegations\nconstituting the relevant criminal activity to which the operation\nor investigation relates; and\n(b) state that the serious and organised crime is, or the serious and\norganised crimes are or include, an offence or offences against\nan ACT law but need not state the particular offence or offences;\nand\n(c) set out the purpose of the operation or investigation.\n(7) The chair of the board must, within the period of 3 days beginning on\nthe day a determination under subsection (2) or (4) is made, give a\ncopy of the determination to the inter-governmental committee.\n(8) A determination under subsection (2) or (4) has effect immediately\nafter it is made.\n(9) Sections 12 to 18 have effect in relation to the Board’s functions\nunder this Act.\n\nThe ACC, the board and inter-governmental committee Part 2\nBoard of ACC Division 2.2\nSection 12\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Board meetings\n(1) The chair of the board may call a meeting of the board.\n(2) If the chair calls a meeting of the board, they must ensure the\nmeeting is scheduled to meet the requirements set out in the ACC Act,\nsection 7D (Board meetings).\n13 Presiding at board meetings\nA meeting of the board must be presided over by—\n(a) if the chair of the board is present—the chair; or\n(b) otherwise—another eligible Commonwealth board member\nwho is present and who is nominated, in writing, by the chair to\npreside.\n14 Quorum at board meetings\nAt a meeting of the board a quorum is constituted by 7 board members\n(not including the CEO).\n15 Voting at board meetings\n(1) Subject to this section, a question arising at a meeting of the board is\nto be decided by a majority of the votes of board members present.\n(2) The person presiding at a meeting has—\n(a) a deliberative vote; and\n(b) if necessary, also a casting vote.\n(3) The CEO is not entitled to vote on any question arising at a meeting\nof the board.\n(4) The board cannot determine that an ACC Territory intelligence\noperation is a special operation, or that an ACC Territory\ninvestigation is a special investigation, unless at least 9 board\nmembers (including at least 2 eligible Commonwealth board\nmembers) vote in favour of making the determination.\n\nPart 2 The ACC, the board and inter-governmental committee\nDivision 2.2 Board of ACC\nSection 16\npage 8 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Conduct of board meetings\n(1) The board may regulate proceedings at its meetings as it considers\nappropriate.\n(2) The board must ensure that minutes of its meetings are kept.\n17 Resolutions outside of board meetings\n(1) This section applies to a resolution—\n(a) that, without being considered at a meeting of the board, is\nreferred to all members of the board; and\n(b) of which—\n(i) if subparagraph (ii) does not apply—a majority of those\nmembers (other than the CEO); or\n(ii) if the resolution is that the board determine that an ACC\nTerritory intelligence operation is a special operation, or\nthat an ACC Territory investigation is a special\ninvestigation—at least 9 board members (other than the\nCEO but including at least 2 eligible Commonwealth board\nmembers);\nindicate by telephone or other mode of communication to the\nchair of the board that they are in favour.\n(2) The resolution is as valid and effectual as if it had been passed at a\nmeeting of the board duly called and held.\n18 Board committees\n(1) The board may, with the unanimous agreement of all the members of\nthe board (other than the CEO), establish a committee or committees\nto assist in carrying out the functions of the board.\n(2) The board may dissolve a committee at any time.\n\nThe ACC, the board and inter-governmental committee Part 2\nInter-governmental committee Division 2.3\nSection 19\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The functions of a committee are as determined by the unanimous\nagreement of all the members of the board (other than the CEO).\n(4) However, the board cannot determine that a committee has the\nfunction of determining whether an ACC Territory intelligence\noperation is a special operation or whether an ACC Territory\ninvestigation is a special investigation.\n(5) In exercising its functions, a committee must comply with any\ndirections given to the committee by the board.\n(6) A question arising at a meeting of a committee is to be decided by a\nmajority of the votes of committee members present.\n(7) However, the CEO is not entitled to vote on any question arising at a\nmeeting of a committee of which the CEO is a member.\n(8) A committee must inform the other members of the board of its\ndecisions.\n(9) A committee may regulate proceedings at its meetings as it considers\nappropriate.\n(10) A committee must ensure that minutes of its meetings are kept.\nDivision 2.3 Inter-governmental committee\n19 Functions of committee\n(1) Within the period of 30 days beginning on the day the committee is\ngiven a copy of a determination (a special determination) under\nsection 11 (2) or (4) (Functions of board), the committee may by\nresolution, with the agreement of the member of the committee\nrepresenting the Commonwealth and at least 5 other members of the\ncommittee, request the chair of the board to give further information\nto the committee in relation to the determination.\n(2) Subject to subsection (3), the chair of the board must comply with the\nrequest.\n\nPart 2 The ACC, the board and inter-governmental committee\nDivision 2.3 Inter-governmental committee\nSection 19\npage 10 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the chair of the board considers that disclosure of information to\nthe public could prejudice the safety or reputation of people or the\noperations of law enforcement agencies, the chair must not give the\ncommittee the information.\n(4) If the chair of the board does not give the committee information on\nthe ground that the chair considers that disclosure of the information\nto the public could prejudice the safety or reputation of persons or the\noperations of law enforcement agencies, the committee may refer the\nrequest to the Territory Minister.\n(5) If the committee refers the request to the Territory Minister, the\nTerritory Minister—\n(a) must determine in writing whether disclosure of the information\ncould prejudice the safety or reputation of people or the\noperations of law enforcement agencies; and\n(b) must give copies of the determination to the chair of the board\nand the committee; and\n(c) must not disclose the Minister’s reasons for determining the\nquestion of whether the information could prejudice the safety\nor reputation of people or the operations of law enforcement\nagencies in the way stated in the determination.\n(6) Within the period of 30 days beginning on the day the committee\nmakes a request under subsection (1) in relation to a special\ndetermination, the committee may by resolution, with the agreement\nof the member of the committee representing the Commonwealth and\nat least 5 other members of the committee, revoke the determination.\n(7) The committee must notify the chair of the board and the CEO of the\nrevocation.\n(8) A revocation takes effect when the CEO is notified.\n(9) To remove any doubt, the revoking of the determination does not\naffect the validity of anything done in relation to the ACC\noperation/investigation concerned before the CEO is so notified.\n\nThe ACC, the board and inter-governmental committee Part 2\nInter-governmental committee Division 2.3\nSection 19\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(10) The committee does not have a duty to consider whether to exercise\nthe power under subsection (1) or (6) in relation to any special\ndetermination, whether the committee is requested to do so by\nanyone, or in any other circumstances.\n\nPart 3 Examinations\nSection 20\npage 12 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Examinations\n20 Examinations\nAn examiner may conduct an examination for the purposes of a\nspecial ACC operation/investigation.\n21 Conduct of examination\n(1) An examiner may regulate the conduct of proceedings at an\nexamination as the examiner considers appropriate.\n(2) At an examination before an examiner—\n(a) a person giving evidence may be represented by a legal\npractitioner; and\n(b) if, because of the existence of special circumstances, the\nexaminer consents to a person who is not giving evidence being\nrepresented by a legal practitioner—the person may be so\nrepresented.\n(3) An examination before an examiner must be held in private and the\nexaminer may give directions about the people who may be present\nduring the examination or a part of the examination.\n(4) Nothing in a direction given by the examiner under subsection (3)\nprevents the presence, when evidence is being taken at an\nexamination before the examiner, of—\n(a) a person representing the person giving evidence; or\n(b) a person representing, in accordance with subsection (2), a\nperson who, because of a direction given by the examiner under\nsubsection (3), is entitled to be present.\n\nExaminations Part 3\nSection 21\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If an examination before an examiner is being held, a person (other\nthan a member of the staff of the ACC approved by the examiner)\nmust not be present at the examination unless the person is entitled to\nbe present because of a direction given by the examiner under\nsubsection (3) or because of subsection (4).\n(6) A person commits an offence if the person is present at an\nexamination knowing that they are not entitled to be present.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(7) At an examination before an examiner—\n(a) counsel assisting the examiner generally or in relation to the\nmatter to which the ACC operation/investigation relates; or\n(b) someone authorised by the examiner to appear before the\nexaminer at the examination; or\n(c) any legal practitioner representing a person at the examination\nin accordance with subsection (2);\nmay, so far as the examiner considers appropriate, examine or cross-\nexamine any witness on any matter that the examiner considers\nrelevant to the ACC operation/investigation.\n(8) If a person (other than a member of the staff of the ACC) is present\nat an examination before an examiner while someone else (the\nwitness) is giving evidence at the examination, the examiner must—\n(a) tell the witness that the person is present; and\n(b) give the witness an opportunity to comment on the presence of\nthe person.\n\nPart 3 Examinations\nSection 21\npage 14 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(9) To remove any doubt, a person does not cease to be entitled to be\npresent at an examination before an examiner or part of such an\nexamination if—\n(a) the examiner fails to comply with subsection (8); or\n(b) a witness comments adversely on the presence of the person\nunder subsection (8) (b).\n(10) An examiner may direct that—\n(a) any evidence given before the examiner; or\n(b) the contents of any document, or a description of anything,\nproduced to the examiner; or\n(c) any information that might enable a person who has given\nevidence before the examiner to be identified; or\n(d) the fact that any person has given or may be about to give\nevidence at an examination;\nmust not be published, or must not be published except in a way, and\nto people, that the examiner specifies.\n(11) The examiner must give the direction if the failure to do so might\nprejudice the safety or reputation of a person or prejudice the fair trial\nof a person who has been, or may be, charged with an offence.\n(12) Subject to subsection (13), the CEO may, in writing, vary or revoke\na direction under subsection (10).\n(13) The CEO must not vary or revoke a direction if to do so might\nprejudice the safety or reputation of a person or prejudice the fair trial\nof a person who has been or may be charged with an offence.\n(14) If—\n(a) a person has been charged with an offence before a federal court\nor before an ACT court; and\n\nExaminations Part 3\nSection 21\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the court considers that it may be desirable in the interests of\njustice that particular evidence given before an examiner, in\nrelation to which the examiner has given a direction under\nsubsection (10) be made available to the person or to a legal\npractitioner representing the person;\nthe court may give the examiner or CEO a certificate to that effect\nand, if the court does so, the examiner or the CEO, as the case may\nbe, must make the evidence available to the court.\n(15) If—\n(a) the examiner or CEO makes evidence available to a court in\naccordance with subsection (14); and\n(b) the court, after examining the evidence, is satisfied that the\ninterests of justice so require;\nthe court may make the evidence available to the person charged with\nthe offence concerned or to a legal practitioner representing the\nperson.\n(16) A person commits an offence if—\n(a) an examiner makes a direction under subsection (10); and\n(b) the person publishes something that contravenes the direction;\nand\n(c) the person makes the publication reckless about whether the\npublication contravenes the direction.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(17) At the conclusion of an examination held by an examiner, the\nexaminer must give the head of the special ACC\noperation/investigation—\n(a) a record of the proceedings of the examination; and\n\nPart 3 Examinations\nSection 22\npage 16 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any documents or other things given to the examiner at, or in\nrelation to, the examination.\n(18) In this section:\npublish includes state and otherwise communicate.\n22 Power to summon witnesses and take evidence\n(1) An examiner may summon a person to appear before the examiner at\nan examination to give evidence and to produce the documents or\nother things (if any) referred to in the summons.\n(2) Before issuing a summons under subsection (1), the examiner must\nbe satisfied that it is reasonable in all the circumstances to do so.\n(3) The examiner must also record in writing the reasons for the issue of\nthe summons.\n(4) A summons under subsection (1) requiring a person to appear before\nan examiner at an examination must be accompanied by a copy of the\ndetermination of the board that the ACC Territory intelligence\noperation is a special operation or that the ACC Territory\ninvestigation is a special investigation.\n(5) A summons under subsection (1) requiring a person to appear before\nan examiner at an examination must, unless the examiner issuing the\nsummons is satisfied that, in the particular circumstances of the\nspecial ACC operation/investigation to which the examination\nrelates, it would prejudice the effectiveness of the special ACC\noperation/investigation for the summons to do so, set out, so far as is\nreasonably practicable, the general nature of the matters in relation to\nwhich the examiner intends to question the person, but nothing in this\nsubsection prevents the examiner from questioning the person in\nrelation to any matter that relates to a special ACC\noperation/investigation.\n(6) The examiner who is holding an examination may require a person\nappearing at the examination to produce a document or other thing.\n\nExaminations Part 3\nSection 23\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) An examiner may, at an examination, take evidence on oath or\naffirmation and for that purpose—\n(a) the examiner may require a person appearing at the examination\nto give evidence either to take an oath or to make an affirmation\nin a form approved by the examiner; and\n(b) the examiner, or a person who is an authorised person in relation\nto the ACC, may administer an oath or affirmation to a person\nso appearing at the examination.\n(8) In this section a reference to a person who is an authorised person, in\nrelation to the ACC means a person authorised in writing, or a person\nincluded in a class of persons authorised in writing, for this section\nby the CEO.\n(9) The powers given by this section are only exercisable except for the\npurposes of a special ACC operation/investigation.\n23 Power to obtain documents\n(1) An examiner may, by written notice served on a person, require the\nperson—\n(a) to attend, at a stated time and place, before a stated person, who\nis the examiner or a member of the staff of the ACC; and\n(b) to produce at that time and place to the stated person a stated\ndocument or thing, being a document or thing that is relevant to\na special ACC operation/investigation.\n(2) Before issuing a notice under subsection (1), the examiner must be\nsatisfied that it is reasonable in all the circumstances to do so.\n(3) The examiner must also record in writing the reasons for the issue of\nthe notice.\n\nPart 3 Examinations\nSection 24\npage 18 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A notice may be issued under this section in relation to a special ACC\noperation/investigation, whether or not an examination before an\nexaminer is being held for the purposes of the operation or\ninvestigation.\n(5) A person commits an offence if the person—\n(a) is served with a notice under subsection (1); and\n(b) intentionally—\n(i) fails to attend the examination at the stated time or place;\nor\n(ii) fails to produce a stated document or thing\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n(6) Section 26 (4) to (9) (Failure of witnesses to attend and answer\nquestions) apply in relation to a person who is required to produce a\ndocument or thing by a notice served on the person under this section\nin the same way they apply in relation to a person who is required to\nproduce a document or thing at an examination before an examiner.\n24 Disclosure of summons or notice may be prohibited\n(1) The examiner issuing a summons under section 22 (Power to summon\nwitnesses and take evidence) or a notice under section 23 (Power to\nobtain documents) must, or may, as provided in subsection (2),\ninclude in it a notation to the effect that disclosure of information\nabout the summons or notice, or any official matter connected with\nit, is prohibited except in the circumstances (if any) stated in the\nnotation.\n\nExaminations Part 3\nSection 24\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A notation must not be included in the summons or notice except as\nfollows:\n(a) the examiner must include the notation if satisfied that failure to\ndo so would reasonably be expected to prejudice—\n(i) the safety or reputation of a person; or\n(ii) the fair trial of a person who has been or may be charged\nwith an offence; or\n(iii) the effectiveness of an operation or investigation;\n(b) the examiner may include the notation if satisfied that failure to\ndo so might prejudice—\n(i) the safety or reputation of a person; or\n(ii) the fair trial of a person who has been or may be charged\nwith an offence; or\n(iii) the effectiveness of an operation or investigation;\n(c) the examiner may include the notation if satisfied that failure to\ndo so might otherwise be contrary to the public interest.\n(3) If a notation is included in the summons or notice, it must be\naccompanied by a written statement setting out the rights and\nobligations given or imposed by section 25 (Offences of disclosure)\non the person who was served with, or otherwise given, the summons\nor notice.\n(4) If, after the ACC has concluded the operation or investigation\nconcerned—\n(a) no evidence of an offence has been obtained as described in\nsection 37 (1) (Exercising functions); or\n(b) evidence of an offence or offences has been assembled and\ngiven as required by section 37 (1) and the CEO has been\nadvised that no-one will be prosecuted; or\n\nPart 3 Examinations\nSection 25\npage 20 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) evidence of an offence or offences committed by only 1 person\nhas been assembled and given as required by section 37 (1) and\ncriminal proceedings have begun against that person; or\n(d) evidence of an offence or offences committed by 2 or more\npersons has been assembled and given as required by section 37\n(1) and—\n(i) criminal proceedings have begun against all those people;\nor\n(ii) criminal proceedings have begun against 1 or more of those\npeople and the CEO has been advised that no other of those\npeople will be prosecuted;\nall the notations that were included under this section in any\nsummonses or notices relating to the operation or investigation are\ncancelled by this subsection.\n(5) If a notation is cancelled by subsection (4), the CEO must serve a\nwritten notice of that fact on each person who was served with, or\notherwise given, the summons or notice containing the notation.\n(6) In this section:\nofficial matter—see section 25.\n25 Offences of disclosure\n(1) A person commits an offence if—\n(a) the person is served with, or otherwise given, a summons or\nnotice containing a notation made under section 24; and\n(b) the person states, communicates or otherwise publishes\nsomething that discloses—\n(i) the existence of the summons or notice or any information\nabout it; or\n\nExaminations Part 3\nSection 25\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the existence of, or any information about, any official\nmatter connected with the summons or notice; and\n(c) the person makes the statement, publication or other\ncommunication reckless about whether it will make a disclosure\nof a kind mentioned in paragraph (b).\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) Subsection (1) does not apply to a statement, publication or other\ncommunication made—\n(a) in accordance with the circumstances (if any) stated in the\nnotation; or\n(b) to a legal practitioner for the purpose of obtaining legal advice\nor representation relating to the summons, notice or matter; or\n(c) if the person is a corporation—to an officer or agent of the\ncorporation for the purpose of ensuring compliance with the\nsummons or notice; or\n(d) if the person is a legal practitioner—for the purpose of obtaining\nthe agreement of another person under section 26 (4) to the legal\npractitioner answering a question or producing a document at an\nexamination before an examiner.\n(3) A person commits an offence if—\n(a) a statement, publication or other communication is made to the\nperson as allowed by subsection (2) or (4); and\n(b) while the person is a person to whom a statement,\ncommunication or publication is allowed to be made, the person\nmakes a statement, publication or other communication (the\nlater communication) that discloses—\n(i) the existence of, or any information about, the summons or\nnotice; or\n\nPart 3 Examinations\nSection 25\npage 22 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the existence of or, any information about, any official\nmatter connected with the summons or notice; and\n(c) the person is reckless about whether the later communication\nwill make a disclosure of a kind mentioned in paragraph (b).\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(4) Subsection (3) does not apply—\n(a) if the person is an officer or agent of a corporation mentioned in\nsubsection (2) (c)—to a statement, publication or other\ncommunication to—\n(i) another officer or agent of the corporation for the purpose\nof ensuring compliance with the summons or notice; or\n(ii) a legal practitioner for the purpose of obtaining legal\nadvice or representation relating to the summons, notice or\nmatter; or\n(b) if the person is a legal practitioner—to a statement, publication\nor other communication for the purpose of giving legal advice,\nor making representations, relating to the summons, notice or\nmatter.\n(5) A person commits an offence if—\n(a) a statement, publication or other communication is made to the\nperson as allowed by subsection (2) or (4); and\n(b) after the person ceases to be a person to whom a statement,\npublication or other communication is allowed to be made, the\nperson—\n(i) makes a record of the summons or notice or any\ninformation about it; or\n\nExaminations Part 3\nSection 25\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) discloses (the later disclosure)—\n(A) the existence of the summons or notice or any\ninformation about it; or\n(B) the existence of, or any information about, any\nofficial matter connected with the summons or notice;\nand\n(c) in the case of a disclosure mentioned in paragraph (b) (ii)—the\nperson is reckless about whether the later disclosure is a\ndisclosure of a kind mentioned in that subparagraph.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(6) This section ceases to apply to a summons or notice after—\n(a) the notation contained in the summons or notice is cancelled by\nsection 24 (4) (Disclosure of summons or notice may be\nprohibited); or\n(b) 5 years elapse after the day of issue of the summons or notice;\nwhichever is sooner.\n(7) A reference in this section to disclosing something’s existence\nincludes disclosing information from which a person could\nreasonably be expected to infer its existence.\n(8) In this section:\nofficial matter means any of the following (whether past, present or\ncontingent):\n(a) the determination referred to in section 22 (4) (Power to\nsummon witnesses and take evidence);\n(b) an ACC operation/investigation;\n(c) an examination held by an examiner;\n(d) court proceedings.\n\nPart 3 Examinations\nSection 26\npage 24 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Failure of witnesses to attend and answer questions\n(1) A person commits an offence if—\n(a) the person is served, as prescribed under the regulations, with a\nsummons to appear as a witness at an examination before an\nexaminer; and\n(b) the person intentionally—\n(i) fails to attend as required by the summons; or\n(ii) fails to attend from day-to-day.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n(2) Subsection (1) (b) (ii) does not apply if the examiner has excused or\nreleased the person from attending on a day or part of a day.\n(3) A person commits an offence if—\n(a) the person appears as a witness at an examination before an\nexaminer; and\n(b) the examiner requires the person—\n(i) to either take an oath or make an affirmation in accordance\nwith section 22 (Power to summon witnesses and take\nevidence); or\n(ii) to answer a question that the examiner is entitled to require\nthe person to answer under this Act; or\n(iii) to produce a document or thing that the person is required\nto produce by a summons under this Act served on the\nperson as prescribed under the regulations; and\n\nExaminations Part 3\nSection 26\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person intentionally fails—\n(i) to either take the oath or make the affirmation; or\n(ii) to answer the question; or\n(iii) to produce the document or thing\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n(4) Subsection (3) does not apply if—\n(a) a legal practitioner refuses to comply with a requirement to\nanswer a question or produce a document or thing at an\nexamination before an examiner; and\n(b) the answer to the question would disclose, or the document\ncontains, a privileged communication made by or to the legal\npractitioner in their capacity as a legal practitioner; and\n(c) the person to whom or by whom the communication was made\nhas not agreed to the legal practitioner complying with the\nrequirement.\n(5) If, under subsection (4), a legal practitioner refuses to comply with a\nrequirement, the legal practitioner commits an offence if—\n(a) the examiner requires the legal practitioner to tell the examiner\nthe name and address of the person to or by whom the\ncommunication was made; and\n(b) the legal practitioner intentionally fails to tell the examiner the\nname and address.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n(6) Subsection (8) limits the use that can be made of any answers given\nat an examination before an examiner, or documents or things\nproduced at an examination before an examiner.\n\nPart 3 Examinations\nSection 26\npage 26 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) Subsection (8) applies only if—\n(a) a person appearing as a witness at an examination before an\nexaminer—\n(i) answers a question that the person is required to answer by\nthe examiner; or\n(ii) produces a document or thing that the person was required\nto produce by a summons under this Act served on the\nperson as prescribed; and\n(b) for the production of a document that is, or forms part of, a\nrecord of an existing or past business—the document sets out\ndetails of earnings received by the person in relation to the\nperson’s employment and does not set out any other\ninformation; and\n(c) before answering the question or producing the document or\nthing, the person claims that the answer, or the production of the\ndocument or thing, might tend to incriminate the person or make\nthe person liable to a penalty.\n(8) The answer, or the document or thing, is not admissible in evidence\nagainst the person in—\n(a) a criminal proceeding; or\n(b) a proceeding for the imposition of a penalty;\nother than—\n(c) confiscation proceedings; or\n(d) a proceeding in relation to—\n(i) for an answer—the falsity of the answer; or\n(ii) for the production of a document—the falsity of any\nstatement contained in the document.\n\nExaminations Part 3\nSection 27\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(9) Subsection (4) does not affect the law relating to legal professional\nprivilege.\n27 Warrant for arrest of witness\n(1) If, on application by an examiner, a judge of the Federal Court or the\nSupreme Court sitting in chambers is satisfied by evidence on oath\nthat there are reasonable grounds to believe—\n(a) that a person who has been ordered, under section 31 (Order for\ngiving passport of witness to examiner), to give the person’s\npassport to the examiner, whether or not the person has\ncomplied with the order, is nevertheless likely to leave Australia\nfor the purpose of avoiding giving evidence before the\nexaminer; or\n(b) that a person in relation to whom a summons has been issued\nunder section 22 (1) (Power to summon witnesses and take\nevidence)—\n(i) has absconded or is likely to abscond; or\n(ii) is otherwise attempting, or is otherwise likely to attempt,\nto evade service of the summons; or\n(c) that a person has committed an offence against section 26 (1)\n(Failure of witnesses to attend and answer questions) or is likely\nto do so;\nthe judge may issue a warrant for the apprehension of the person.\n(2) The warrant may be executed by anyone to whom it is addressed and\nthe person executing it has power to break into and enter any\npremises, vessel, aircraft or vehicle for the purpose of executing it.\n(3) The warrant may be executed even if the warrant is not at the time in\nthe possession of the person executing it.\n(4) A person executing the warrant may only use such reasonable force\nas is necessary for the execution.\n\nPart 3 Examinations\nSection 28\npage 28 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If a person is apprehended under the warrant, the person must be\nbrought, as soon as practicable, before a judge of the Federal Court\nor the Supreme Court and the judge may—\n(a) admit the person to bail, with such security as the judge\nconsiders appropriate, on such conditions as the judge considers\nnecessary to ensure the appearance of the person as a witness\nbefore the examiner; or\n(b) order the continued detention of the person for the purposes of\nensuring the person’s appearance as a witness; or\n(c) order the release of the person.\n(6) If a person is under detention under this section, the person must,\nwithin 14 days after the day the person was brought, or last brought,\nbefore a judge of the Federal Court or the Supreme Court in\naccordance with this section, or within the shorter or longer time that\na judge has fixed on the last previous appearance of the person before\na judge under this section, be again brought before a judge and the\njudge may then exercise any of the powers of a judge under\nsubsection (5).\n(7) In this section:\nAustralia includes the external Territories.\n28 False or misleading evidence\n(1) A person commits an offence if—\n(a) the person is at an examination before an examiner; and\n(b) the person gives evidence to the examiner; and\n(c) the person does so knowing that the evidence is false or\nmisleading.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n\nExaminations Part 3\nSection 29\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) (c) does not apply if the information is not false or\nmisleading in a material particular.\n29 Protection of witnesses from harm or intimidation\nIf it appears to an examiner that, because a person—\n(a) is to appear, is appearing or has appeared at an examination\nbefore the examiner to give evidence or to produce a document\nor thing; or\n(b) proposes to give or has given information, or proposes to\nproduce or has produced a document or thing, to the ACC\notherwise than at an examination before the examiner;\nthe safety of the person may be prejudiced or the person may be\nsubjected to intimidation or harassment, the examiner may make the\narrangements (including arrangements with the Territory Minister or\nwith members of the police force) that are necessary to avoid\nprejudice to the safety of the person, or to protect the person from\nintimidation or harassment.\n30 Legal protection of examiners, counsel and witnesses\n(1) An examiner has, in the exercise of the examiner’s functions as an\nexaminer in relation to an examination before the examiner, the same\nprotection and immunity as a justice of the High Court.\n(2) A legal practitioner assisting the ACC or an examiner or representing\na person at an examination before an examiner has the same\nprotection and immunity as a barrister has in appearing for a party in\na proceeding in the High Court.\n(3) Subject to this Act, a person summoned to attend or appearing before\nan examiner as a witness has the same protection as a witness in a\nproceeding in the High Court.\n\nPart 3 Examinations\nSection 31\npage 30 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Order for giving passport of witness to examiner\n(1) If, on application by an examiner, a judge of the Federal Court sitting\nin chambers is satisfied by evidence on oath that—\n(a) in connection with a special ACC operation/investigation, a\nsummons has been issued under this Act requiring a person to\nappear before an examiner at an examination (whether or not the\nsummons has been served), or a person has appeared before an\nexaminer at an examination, to give evidence or to produce\ndocuments or other things; and\n(b) there are reasonable grounds for believing that the person can\ngive to the examiner evidence or further evidence that is, or to\nproduce to the examiner documents or other things or further\ndocuments or other things that are, relevant to the special ACC\noperation/investigation and could be of particular significance\nto the special ACC operation/investigation; and\n(c) there are reasonable grounds for suspecting that the person\nintends to leave Australia and has in their possession, custody or\ncontrol a passport issued to the person;\nthe judge may make an order requiring the person to appear before a\njudge of the Federal Court on a stated date, and at a stated time and\nplace, to show cause why the person should not be ordered to give the\npassport to the examiner.\n(2) If a person appears before a judge of the Federal Court under an order\nmade under subsection (1), the judge may make an order—\n(a) requiring the person to give the examiner any passport issued to\nthe person that is in the person’s possession, custody or control;\nand\n(b) authorising the examiner to keep the passport until the end of a\nstated period (not longer than 1 month).\n\nExaminations Part 3\nSection 31\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A judge of the Federal Court may, on application by the examiner,\nextend for a further period (not longer than 1 month) or further\nperiods (not longer than 1 month in each case) the period for which\nthe examiner is authorised to keep a passport under an order made\nunder subsection (2), but so that the total period for which the\nexaminer is authorised to keep the passport is not longer than\n3 months.\n(4) A judge of the Federal Court may, at any time while the examiner is\nauthorised under an order made under this section to keep a passport\nissued to a person, on application made by the person, revoke the\norder and, if the order is revoked, the examiner must immediately\nreturn the passport to the person.\n(5) In this section:\nAustralia includes the external Territories.\n\nPart 4 Search warrants\nSection 32\npage 32 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Search warrants\n32 Search warrants\n(1) An eligible person may apply to an issuing officer for the issue of a\nwarrant under subsection (2) if—\n(a) the eligible person has reasonable grounds for suspecting that,\non a particular day (the relevant day), that is a day not later than\n1 month after the day when, the application is made, there may\nbe, on any land or on or in any premises, vessel, aircraft or\nvehicle, a thing or things of a particular kind connected with a\nspecial ACC operation/investigation (things of the relevant\nkind); and\n(b) the eligible person believes on reasonable grounds that, if a\nsummons were issued for the production of the thing or things,\nthe thing or things might be concealed, lost, mutilated or\ndestroyed.\n(2) If an application under subsection (1) is made to an issuing officer,\nthe issuing officer may issue a warrant authorising a person named in\nthe warrant (the authorised person), with the assistance as the\nauthorised person considers necessary and if necessary by force—\n(a) to enter on the land or on or into the premises, vessel, aircraft or\nvehicle; and\n(b) to search the land, premises, vessel, aircraft or vehicle for things\nof the relevant kind; and\n(c) to seize any things of the relevant kind found on the land or on\nor in the premises, vessel, aircraft or vehicle and deliver things\nso seized to anyone participating in the special ACC\noperation/investigation.\n\nSearch warrants Part 4\nSection 32\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An issuing officer must not issue a warrant under subsection (2)\nunless—\n(a) an affidavit has been given to the officer setting out the grounds\non which the issue of the warrant is being sought; and\n(b) the applicant (or someone else) has given to the issuing officer,\neither orally or by affidavit, the further information (if any) that\nthe issuing officer requires about the grounds on which the issue\nof the warrant is being sought; and\n(c) the issuing officer is satisfied that there are reasonable grounds\nfor issuing the warrant.\n(4) If an issuing officer issues a warrant under subsection (2), the officer\nmust state on the affidavit given to the officer as mentioned in\nsubsection (3) (a) which of the grounds stated in that affidavit the\nofficer has relied on to justify the issue of the warrant and particulars\nof any other grounds relied on by the officer to justify the issue of the\nwarrant.\n(5) A warrant issued under this section must—\n(a) include a statement of the purpose for which the warrant is\nissued, which must include a reference to the special ACC\noperation/investigation and with which the things of the relevant\nkind are connected; and\n(b) state whether entry is authorised to be made at any time of the\nday or night or during stated hours of the day or night; and\n(c) include a description of the kind of things authorised to be\nseized; and\n(d) state a date, not later than 1 month after the day of issue of the\nwarrant, when the warrant ceases to have effect.\n\nPart 4 Search warrants\nSection 32\npage 34 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) A warrant issued under this section may be executed, in accordance\nwith its terms, at any time during the period beginning on the relevant\nday and ending on the date stated in the warrant as the date when the\nwarrant ceases to have effect.\n(7) A person executing a warrant issued under this section may only use\nthe reasonable force that is necessary for the execution.\n(8) If, in the course of searching, in accordance with the terms of a\nwarrant issued under this section, for things of the relevant kind, the\nperson executing the warrant finds a thing that the person believes on\nreasonable grounds to be evidence that would be admissible in the\nprosecution of a person for an offence against a Commonwealth, State\nor Territory law and the person believes on reasonable grounds that it\nis necessary to seize the thing to prevent its concealment, loss,\nmutilation or destruction, or its use in committing such an offence,\nthe person may seize the thing and, if the person does so, the thing is\nto be taken, for this Act, to have been seized under the warrant.\n(9) If a thing is seized under a warrant issued under this section—\n(a) the head of the special ACC operation/investigation may keep\nthe thing if, and for so long as, keeping the thing by the head of\nthe special ACC operation/investigation is reasonably necessary\nfor the purposes of the special ACC operation/investigation to\nwhich the thing is relevant; and\n(b) if the keeping of the thing by the head of the special ACC\noperation/investigation is not, or ceases to be, reasonably\nnecessary for such purposes, a person participating in the special\nACC operation/investigation must give the thing to—\n(i) if the thing may be used in evidence in a proceeding of a\nkind mentioned in subsection (12)—the authority or person\nresponsible for taking the proceeding; or\n\nSearch warrants Part 4\nSection 33\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if subparagraph (i) does not apply—the person who\nappears to the person participating in the special ACC\noperation/investigation to be entitled to the possession of\nthe thing;\nunless the CEO has given the thing to the Attorney-General of\nthe Commonwealth or a State, or to a law enforcement agency,\nor to another person or authority, in accordance with\nsection 37 (1) (a), (b) or (c) (Exercising functions).\n(10) A person participating in the special ACC operation/investigation\nmay, instead of giving a thing in accordance with\nsubsection (9) (b) (ii), give the thing to the Attorney-General of the\nCommonwealth or a State, or to a law enforcement agency, for the\npurpose of assisting in the investigation of criminal offences, if the\nperson participating in the special ACC operation/investigation is\nsatisfied that the thing is likely to be useful for that purpose.\n(11) This section does not affect a right of a person to apply for, or the\npower of a person to issue, a warrant, if the right or power exists\notherwise than because of this section.\n(12) Without limiting subsection (1) (a), a reference in this section to a\nthing connected with a special ACC operation/investigation, includes\na reference to a thing that may be used in evidence in a proceeding\nfor the taking, by or on behalf of the Commonwealth or a State or\nTerritory, of civil remedies in relation to a matter connected with, or\narising out of, an offence to which the special ACC\noperation/investigation relates.\n(13) In this section:\nthing includes a document.\n33 Application by telephone for search warrants\n(1) If, because of circumstances of urgency, an eligible person considers\nit necessary to do so, the eligible person may make application by\ntelephone for a warrant under section 32.\n\nPart 4 Search warrants\nSection 33\npage 36 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Before making the application, the eligible person must prepare an\naffidavit setting out the grounds on which the issue of the warrant is\nbeing sought, but may, if it is necessary to do so, make the application\nbefore the affidavit has been sworn.\n(3) If an issuing officer issues a warrant under section 32 on an\napplication made by telephone, the officer must—\n(a) complete and sign the warrant; and\n(b) tell the eligible person who made the application of the terms of\nthe warrant and the date and time it was signed; and\n(c) record on the warrant the officer’s reasons for issuing the\nwarrant; and\n(d) send a copy of the warrant to the CEO.\n(4) If a warrant is issued under section 32 on an application made by\ntelephone a member of the staff of the ACC or a police officer may\ncomplete a form of warrant in the terms indicated by the issuing\nofficer under subsection (3) and, if a form of warrant is so completed,\nthe member or officer must write on it the name of the issuing officer\nwho issued the warrant and the date and time it was signed.\n(5) If a person completes a form of warrant in accordance with subsection\n(4), the person must, not later than the day after the date of expiry of\nthe warrant, send to the issuing officer who signed the warrant the\nform of warrant completed by the officer and the affidavit properly\nsworn in relation to the warrant.\n(6) On receipt of the documents mentioned in subsection (5), the issuing\nofficer must attach them to the warrant signed by the officer and deal\nwith the documents in the way the officer would have dealt with the\naffidavit if the application for the warrant had been made to the officer\nin accordance with section 32.\n(7) A form of warrant completed in accordance with subsection (4) is to\nbe taken to be a warrant issued under section 32.\n\nExercising functions Part 5\nSection 34\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Exercising functions\n34 Consent of board may be needed before functions can be\nexercised\nThe giving of a function to a Commonwealth body or person by this\nAct is subject to any provision of the ACC Act that requires the\nconsent of the board before the function can be exercised.\n35 Functions not affected by Territory laws\nA Commonwealth body or person is not precluded by any ACT law\nfrom exercising a function given by this Act.\n36 Extent to which functions are given\n(1) This Act does not purport to impose any duty on a Commonwealth\nbody or person to exercise a function if the imposition of the duty\nwould be beyond the legislative power of the Legislative Assembly.\n(2) This section does not limit the operation of the Legislation Act,\nsection 120 (Act to be interpreted not to exceed legislative powers of\nAssembly).\n37 Exercising functions\n(1) If the ACC, in carrying out an ACC operation/investigation, obtains\nevidence of an offence against a Commonwealth, State or Territory\nlaw that would be admissible in a prosecution for the offence, the\nCEO must assemble the evidence and give it to—\n(a) the Attorney-General of the Commonwealth or a State, as the\ncase requires; or\n(b) the relevant law enforcement agency; or\n(c) any person or authority (other than a law enforcement agency)\nwho is authorised under a Commonwealth, State or Territory\nlaw to prosecute the offence.\n\nPart 5 Exercising functions\nSection 37\npage 38 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the ACC, in carrying out an ACC operation/investigation, obtains\nevidence that would be admissible in confiscation proceedings, the\nCEO may assemble the evidence and give it to—\n(a) the Attorney-General of the Commonwealth or the relevant\nState, as the case requires; or\n(b) a relevant law enforcement agency; or\n(c) any person or authority (other than a law enforcement authority)\nwho is authorised to bring the confiscation proceedings.\n(3) If, because of the exercise of any of the ACC’s functions, the board\nconsiders that a recommendation should be made to the\nCommonwealth Minister or to the appropriate Minister of a\nparticipating State—\n(a) for reform of the law relating to relevant offences, including—\n(i) evidence and procedure applying to the trials of relevant\noffences; and\n(ii) relevant offences in relation to, or involving, corporations;\nand\n(iii) taxation, banking and financial frauds; and\n(iv) reception by Australian courts of evidence obtained in\nforeign countries about relevant offences; and\n(v) maintenance and preservation of taxation, banking and\nfinancial records; or\n(b) for reform of administrative practices; or\n(c) for reform of administration of the courts in relation to trials of\nrelevant offences;\nthe board may make the recommendation to the Commonwealth\nMinister, or to that State Minister, as the case may be.\n\nExercising functions Part 5\nSection 38\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the ACC has obtained particular information or intelligence in the\ncourse of exercising 1 or more of its functions, nothing in this Act is\nto be taken to prevent the ACC from making use of the information\nor intelligence in the exercise of any of its other functions.\n38 Functions of federal judicial officers\n(1) In this section:\nfederal judicial officer means—\n(a) a judge of the Federal Court; or\n(b) a judge of the Federal Circuit and Family Court of Australia\n(Division 2).\n(2) A function given to a federal judicial officer by this Act is given to\nthe federal judicial officer in a personal capacity and not as a court or\na member of a court.\n(3) The federal judicial officer need not accept the function given.\n(4) Anything done or made by a federal judicial officer under this Act\nhas effect only because of this Act and is not to be taken by\nimplication to be done or made by a court.\n(5) A federal judicial officer exercising a function under this Act has the\nsame protection and immunity as if the officer were exercising that\nfunction as, or as a member of, the court of which the federal judicial\nofficer is a member.\n39 Limitation on challenge to board determination\nIf—\n(a) an ACC Territory intelligence operation is determined by the\nboard to be a special operation; or\n(b) an ACC Territory investigation is determined by the board to be\na special investigation;\n\nPart 5 Exercising functions\nSection 40\npage 40 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthen, except in a proceeding brought by the Attorney-General of the\nCommonwealth or of a State, anything done by the ACC because of\nthat determination must not be challenged, reviewed, quashed or\ncalled in question in any ACT court on the ground that the\ndetermination was not lawfully made.\n40 Cooperation with law enforcement agencies and\ncoordination with overseas authorities\n(1) In exercising its functions under this Act, the ACC must, so far as\npracticable, work in cooperation with law enforcement agencies.\n(2) In exercising its functions under this Act, the ACC may coordinate its\nactivities with the activities of authorities and people in other\ncountries exercising functions similar to functions of the ACC.\n41 Incidental powers of ACC\nThe ACC has power to do everything necessary to be done for or in\nrelation to, or reasonably incidental to, the exercise of its functions\nunder this Act, and any specific powers given to the ACC by this Act\nare not to be taken to limit by implication the generality of this\nsection.\n\nGeneral Part 6\nSection 42\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 General\n42 Arrangements for board to obtain information or\nintelligence\nThe Territory Minister may make an arrangement with the\nCommonwealth Minister for the board to be given by the Territory,\nor a territory authority, information or intelligence about relevant\ncriminal activities.\n43 Administrative arrangements with Commonwealth\nThe Territory Minister may make an arrangement with the\nCommonwealth Minister under which the Territory will, from time to\ntime as agreed on under the arrangement, make available a person\nwho is an officer or employee of the Territory or a territory authority\nor a police officer, or people who are such officers, employees or\nmembers, to perform services for the ACC.\n44 Judges to exercise functions under ACC Act\nA judge of the Supreme Court may exercise functions given to the\njudge by the ACC Act, section 22 (Search warrants), section 23\n(Application by telephone for search warrants) or section 31 (Warrant\nfor arrest of witness).\n45 Giving reports and information\n(1) The chair of the board must keep the Commonwealth Minister\ninformed of the general conduct of the ACC in the exercise of the\nACC’s functions under this Act.\n(2) If the Commonwealth Minister requests the chair of the board to give\nthe Commonwealth Minister information about a specific matter\nrelating to the ACC’s conduct in the exercise of its functions under\nthis Act, the chair must give the Commonwealth Minister the\ninformation.\n\nPart 6 General\nSection 45\npage 42 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subject to subsection (4), if a State Minister who is a member of the\ninter-governmental committee asks the chair of the board for\ninformation about a specific matter relating to the ACC’s conduct in\nthe exercise of its functions under this Act, the chair must give the\nMinister the information.\n(4) If the chair of the board considers that disclosure of information to\nthe public could prejudice the safety or reputation of people or the\noperations of law enforcement agencies, the chair must not give the\ninformation under subsection (3).\n(5) Subject to subsection (7), the chair of the board—\n(a) must, when requested by the inter-governmental committee to\ngive information to the committee about a specific matter\nrelating to an ACC operation/investigation that the ACC has\nconducted or is conducting, comply with the request; and\n(b) must, when requested by the inter-governmental committee to\ndo so, and may at such other times as the chair of the board\nconsiders appropriate, tell the committee about the general\nconduct of the ACC in the exercise of the ACC’s functions under\nthis Act.\n(6) Subject to subsection (7), the chair of the board must give the inter-\ngovernmental committee, for transmission to the governments\nrepresented on the committee, a report of the findings of any special\nACC operation/investigation conducted by the ACC.\n(7) The chair of the board must not give the inter-governmental\ncommittee any matter the disclosure of which to members of the\npublic could prejudice the safety or reputation of people or the\noperations of law enforcement agencies and, if the findings of the\nACC in an investigation include any such matter, the chair of the\nboard must prepare a separate report in relation to the matter and give\nthat report to the Territory Minister.\n\nGeneral Part 6\nSection 45\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) The chair of the board may include in a report given under subsection\n(6) a recommendation that the report be presented to the Legislative\nAssembly.\n(9) The CEO may give to—\n(a) any law enforcement agency; or\n(b) any foreign law enforcement agency; or\n(c) any other Commonwealth, State or territory authority prescribed\nunder the regulations;\nany information that has come into the ACC’s possession under this\nAct and that is relevant to the activities of that agency or authority\nif—\n(d) it appears to the CEO to be appropriate to do so; and\n(e) to do so would not be contrary to a Commonwealth, State or\nTerritory law that would otherwise apply.\n(10) The CEO may, whenever it appears to the CEO to be appropriate to\ndo so, give to authorities and people responsible for taking civil\nremedies by or on behalf of the Commonwealth or a State or a\nTerritory any information that has come into the ACC’s possession\nunder this Act and that may be relevant for the purposes of taking\nsuch remedies in relation to matters connected with, or arising out of,\noffences against Commonwealth, State or Territory laws.\n(11) If any information relating to the exercise of the functions of an\nauthority of the Commonwealth or a State or the Administration of a\nTerritory comes into the ACC’s possession under this Act, the CEO\nmay—\n(a) give the information to the authority or Administration; and\n(b) make any recommendations to the authority or Administration\nabout the exercise of its functions that the CEO considers\nappropriate.\n\nPart 6 General\nSection 46\npage 44 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(12) A report under this Act that sets out any finding that an offence has\nbeen committed, or makes any recommendation for bringing a\nprosecution for an offence, must not be made available to the public\nunless the finding or recommendation is expressed to be based on\nevidence that would be admissible in the prosecution of a person for\nthe offence.\n(13) The CEO may give the Australian Security Intelligence Organisation\nany information that has come into the ACC’s possession under this\nAct and that is relevant to security as defined in the Australian\nSecurity Intelligence Organisation Act 1979 (Cwlth), section 4,\ndefinition of security.\n46 Secrecy\n(1) This section applies to a person who is or has been—\n(a) the CEO; and\n(b) a member of the board; and\n(c) a member of the staff of the ACC; and\n(d) an examiner.\n(2) A person to whom this section applies commits an offence if the\nperson—\n(a) makes a record of any information (restricted information)\nacquired by the person because of, or in the course of, the\nexercise of the person’s functions under this Act; or\n(b) states, publishes or otherwise communicates restricted\ninformation reckless about whether the statement, publication or\nother communication divulges or communicates restricted\ninformation to anyone.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n\nGeneral Part 6\nSection 46\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (2) does not apply if the making of the record or divulging\nor communicating of information is or was done for a relevant Act or\notherwise in relation to the exercise of the person’s functions under a\nrelevant Act.\n(4) A person to whom this section applies cannot be required to produce\nin any court any document that has come into the person’s custody or\ncontrol in the course of, or because of, the exercise of the person’s\nfunctions under this Act, or to divulge or communicate to a court\nanything that has come to the person’s notice in the exercise of those\nfunctions, except if the ACC, or the CEO, the acting CEO, a member\nof the board or an examiner in the examiner’s official capacity, is a\nparty to the relevant proceeding or it is necessary to do so—\n(a) for the purpose of carrying into effect the provisions of a\nrelevant Act; or\n(b) for the purposes of a prosecution brought because of an\noperation or investigation carried out by the ACC in the exercise\nof its functions.\n(5) In this section:\ncourt includes any tribunal, authority or person having power to\nrequire the production of documents or the answering of questions.\nmember of the staff of the ACC means—\n(a) a person mentioned in the ACC Act, section 4 (1), definition of\nmember of the staff of the ACC; or\n(b) a person who assists, or performs services for or on behalf of, a\nlegal practitioner appointed under section 10 (Counsel assisting\nACC) in the exercise of the legal practitioner’s functions as\ncounsel to the ACC.\nproduce includes permit access to.\nrelevant Act means the ACC Act, this Act or any corresponding Act\nof a State.\n\nPart 6 General\nSection 47\npage 46 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Delegation by CEO\nThe CEO may delegate to a member of the staff of the ACC who is\nan SES employee, or an acting SES employee, the CEO’s functions\nunder this Act.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n48 Liability for damages\nA member of the board is not liable to a proceeding for damages in\nrelation to an act done or omitted honestly in the exercise or purported\nexercise of any function given or expressed to be given under this\nAct.\n49 Obstructing, hindering or disrupting ACC or an examiner\nA person commits an offence if the person—\n(a) intentionally obstructs or hinders—\n(i) the ACC in the exercise of its functions; or\n(ii) an examiner in the exercise of their functions as an\nexaminer; or\n(b) intentionally disrupts an examination before an examiner.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\n50 Public meetings and bulletins\n(1) The board may hold meetings in public for the purpose of informing\nthe public about, or receiving submissions in relation to, the exercise\nof the ACC’s functions, including its functions under this Act.\n(2) The board may publish bulletins for the purpose of informing the\npublic about the exercise of the ACC’s functions, including its\nfunctions under this Act.\n\nGeneral Part 6\nSection 51\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The board must not—\n(a) divulge in the course of a meeting held under subsection (1); or\n(b) include in a bulletin published under subsection (2);\nanything the disclosure of which to members of the public could\nprejudice the safety or reputation of a person or prejudice the fair trial\nof a person who has been or may be charged with an offence.\n51 Annual report\n(1) In this section:\nannual report means a report by the chair of the board under the ACC\nAct, section 61.\n(2) An annual report for a year must include the following:\n(a) a description of any ACC Territory investigation that the ACC\nconducted during the year and that the board determined to be a\nspecial investigation;\n(b) a description, which may include statistics, of any patterns or\ntrends, and the nature and scope, of any criminal activity that\nhave come to the attention of the ACC during that year in the\nexercise of its functions under this Act;\n(c) any recommendations for changes in Commonwealth, State or\nTerritory laws, or for administrative action, that, because of the\nexercise of the ACC’s functions under this Act, the board\nconsiders should be made;\n(d) the general nature and the extent of any information given by the\nCEO during that year under this Act to a law enforcement\nagency;\n(e) the extent to which ACC Territory investigations have resulted\nin the prosecution in that year of people for offences;\n\nPart 6 General\nSection 52\npage 48 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the extent to which ACC Territory investigations have resulted\nin confiscation proceedings;\n(g) particulars of the number and results of court proceedings\ninvolving the ACC in relation to its functions under this Act if\nthe proceedings were decided, or otherwise disposed of, during\nthat year.\n(3) An annual report must not—\n(a) identify people as being suspected of having committed\noffences; or\n(b) identify people as having committed offences unless those\npersons have been convicted or found guilty of those offences.\n(4) In any annual report the chair of the board must take reasonable care\nto ensure that the identity of a person is not revealed if to reveal the\nperson’s identity might, having regard to any material appearing in\nthe report, prejudice the safety or reputation of a person or prejudice\nthe fair trial of a person who has been or may be charged with an\noffence.\n(5) The Territory Minister must present the following documents to the\nLegislative Assembly within 6 sitting days after the day the Minister\nreceives them:\n(a) each annual report the Territory Minister receives; and\n(b) any comments by the inter-governmental committee on, and that\naccompany, the report.\n52 Things done for multiple purposes\nThe validity of anything done for this Act is not affected only because\nit was done also for the ACC Act.\n53 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• corporation\n• exercise\n• fail\n• function\n• give\n• in relation to\n• judge\n• law, of the Territory\n• may\n• under.\nNote 3 Terms used in this Act have the same meaning that they have in the\nAustralian Crime Commission Act 2002 (Cwlth) (see Legislation Act,\ns 148). For example, the following terms are defined in the Australian\nCrime Commission Act 2002 (Cwlth), s 4:\n• legal practitioner\n• serious and organised crime\n• State.\nACC Act means the Australian Crime Commission Act 2002 (Cwlth).\nNote That Act was originally known as the National Crime Authority Act 1984.\nACC operation/investigation means—\n(a) an ACC Territory intelligence operation; or\n(b) an ACC Territory investigation.\nACC Territory intelligence operation means an intelligence\noperation that the ACC is undertaking under section 8 (b) (Functions\nof ACC).\n\nDictionary\npage 50 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nACC Territory investigation means an investigation that the ACC is\nconducting under section 8 (a) (Functions of ACC).\nauthority includes an agency (however described) or body.\nboard means the Board of the ACC.\ncommittee means the inter-governmental committee.\nCommonwealth body or person means—\n(a) the ACC; or\n(b) the board; or\n(c) the chair of the board; or\n(d) a member of the board; or\n(e) the inter-governmental committee; or\n(f) the CEO; or\n(g) a member of the staff of the ACC; or\n(h) an examiner; or\n(i) a judge of the Federal Court; or\n(j) a judge of the Federal Circuit and Family Court of Australia\n(Division 2).\nCommonwealth Minister means the Commonwealth Minister\nadministering the ACC Act.\nintelligence operation means the collection, correlation, analysis or\ndissemination of criminal information and intelligence relating to a\nrelevant criminal activity.\ninter-governmental committee means the Inter-Governmental\nCommittee mentioned in the ACC Act, section 8.\nissuing officer means—\n(a) a judge of the Federal Court; or\n\nDictionary\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a judge of the Supreme Court; or\nNote Judge is defined in the Legislation Act to mean a resident judge,\nadditional judge or acting judge under the Supreme Court Act 1933\n(see Legislation Act, dict, pt 1, def judge).\n(c) a judge of the Federal Circuit and Family Court of Australia\n(Division 2).\njudge of the Federal Circuit and Family Court of Australia\n(Division 2) means a person holding office as a judge of the Federal\nCircuit and Family Court of Australia (Division 2) (including the\nChief Justice, Deputy Chief Justice and a Senior Judge) under the\nFederal Circuit and Family Court of Australia Act 2021 (Cwlth).\nserious and organised crime means an offence—\n(a) that involves 2 or more offenders and substantial planning and\norganisation; and\n(b) that involves, or is of a kind that ordinarily involves, the use of\nsophisticated methods and techniques; and\n(c) that is committed, or is of a kind that is ordinarily committed, in\nconjunction with other offences of a like kind; and\n(d) that is an offence of a kind prescribed under the regulations or\nan offence that involves any of the following:\n(i) theft;\n(ii) fraud;\n(iii) tax evasion;\n(iv) money laundering;\n(v) currency violations;\n(vi) illegal drug dealings;\n(vii) illegal gambling;\n(viii) obtaining financial benefit by vice engaged in by others;\n\nDictionary\npage 52 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ix) extortion;\n(x) violence;\n(xi) bribery or corruption of, or by, an officer of the\nCommonwealth, an officer of a State or an officer of a\nTerritory;\n(xii) perverting the course of justice;\n(xiii) bankruptcy and company violations;\n(xiv) harbouring of criminals;\n(xv) forging of passports;\n(xvi) firearms;\n(xvii) armament dealings;\n(xviii) illegal importation or exportation of fauna into or out of\nAustralia;\n(xix) cybercrime;\n(xx) matters of the same general nature as 1 or more of the\nmatters mentioned in subparagraphs (i) to (xix); and\n(e) that is punishable by imprisonment for a period of 3 years or\nlonger;\nbut—\n(f) does not include an offence committed in the course of a genuine\ndispute about matters relating to the relations of employees and\nemployers by a party to the dispute, unless the offence is\ncommitted in relation to, or as part of, a course of activity\ninvolving the commission of a serious and organised crime other\nthan an offence so committed; and\n(g) does not include an offence the time for the bringing of a\nprosecution for which has ended.\n\nDictionary\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nspecial ACC operation/investigation means—\n(a) an ACC Territory intelligence operation that the board has\ndetermined to be a special operation; or\n(b) an ACC Territory investigation that the board has determined to\nbe a special investigation.\nTerritory Minister means the Minister administering this Act.\n\nEndnotes\n1 About the endnotes\npage 54 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nAustralian Crime Commission (ACT) Act 2003 A2003-58\nnotified LR 17 December 2003\ns 1, s 2 commenced 17 December 2003 (LA s 75 (1))\nremainder commenced 17 June 2004 (s 2 and LA s 79)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.15\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.15 commenced 1 July 2011 (s 2 (1))\nCrimes Legislation Amendment Act 2023 A2023-33 sch 1 pt 1.1, sch 2\npt 2.1\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 1 pt 1.1, sch 2 pt 2.1 commenced 13 September 2023 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.7, sch 4 pt 4.13\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.7, sch 4 pt 4.13 commenced 16 November 2025 (s 2 (1), (9))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nOffences against Act—application of Criminal Code etc\ns 5 am A2023-33 amdt 1.1\nCEO to manage ACC operations/investigations\ns 9 am A2023-33 amdt 2.1\nBoard meetings\ns 12 am A2025-29 amdt 3.18, amdt 3.19\nConduct of examination\ns 21 am A2025-29 amdt 3.20\nPower to obtain documents\ns 23 am A2023-33 amdt 1.2\n\nEndnotes\n4 Amendment history\npage 56 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFailure of witnesses to attend and answer questions\ns 26 am A2023-33 amdt 1.2; A2025-29 amdt 3.21\nFalse or misleading evidence\ns 28 am A2023-33 amdt 1.2\nOrder for giving passport of witness to examiner\ns 31 am A2025-29 amdt 3.21\nFunctions of federal judicial officers\ns 38 am A2023-33 amdt 2.2\nArrangements for board to obtain information or intelligence\ns 42 am A2025-29 amdt 3.22\nAdministrative arrangements with Commonwealth\ns 43 am A2025-29 amdt 3.22\nGiving reports and information\ns 45 am A2025-29 amdt 3.22\nObstructing, hindering or disrupting ACC or an examiner\ns 49 am A2023-33 amdt 1.2; A2025-29 amdt 3.23\nRegulation-making power\ns 53 am A2025-29 amdt 4.13\nTransitional provisions\npt 7 hdg exp 17 June 2006 (s 69)\nTransitional\ndiv 7.1 hdg exp 17 June 2006 (s 69)\nDefinitions for div 7.1\ns 54 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nCertain investigations taken to be special investigations\ns 55 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nAssembling and giving evidence obtained by the NCA\ns 56 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nLimitation on challenges to validity of references\ns 57 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nArrangements to obtain information or intelligence\ns 58 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nThings seized under search warrant\ns 59 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nDirections about publication\ns 60 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\n\nEndnotes\nAmendment history 4\nR6\n16/11/25\nAustralian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDisclosure of summons or notice\ns 61 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nWitness protection\ns 62 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nAdministrative arrangements in relation to NCA\ns 63 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nAdministrative arrangements under Witness Protection Act 1996\ns 64 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nSecrecy obligations\ns 65 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nRegulations modifying pt 7\ns 66 exp 17 June 2005 (s 66 (2))\nRepeals and consequential amendments\ndiv 7.2 hdg om LA s 89 (3)\nRepeals\ns 67 om LA s 89 (3)\nLegislation amended—sch 1\ns 68 om LA s 89 (3)\nMiscellaneous\ndiv 7.3 hdg exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nExpiry of pt 7\ns 69 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nDeclared law for Legislation Act, s 88\ns 70 exp 17 June 2006 (s 69 (LA s 88 declaration applies))\nConsequential amendments\nsch 1 om LA s 89 (3)\nDictionary\ndict def authority sub A2011-22 amdt 1.57\ndef Commonwealth body or person am A2023-33 amdt 2.3\ndef federal magistrate om A2023-33 amdt 2.4\ndef issuing officer am A2023-33 amdt 2.5\ndef judge of the Federal Circuit and Family Court of\nAustralia (Division 2) ins A2023-33 amdt 2.6\n\nEndnotes\n5 Earlier republications\npage 58 Australian Crime Commission (ACT) Act 2003\nEffective: 16/11/25\nR6\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n17 June 2004\n17 June 2004–\n17 June 2005\nnot amended new Act\nR2\n18 June 2005\n18 June 2005–\n17 June 2006\nnot amended commenced expiry\nR3\n18 June 2006\n18 June 2006–\n30 June 2011\nnot amended commenced expiry\nR4\n1 July 2011\n1 July 2011–\n12 Sept 2023\nA2011-22 amendments by\nA2011-22\nR5\n13 Sept 2023\n13 Sept 2023–\n15 Nov 2025\nA2023-33 amendments by\nA2023-33\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to maintain its original scope as an 'application' or 'mirror' legislation bringing the ACC's operations into the ACT. While it has been amended over time (notably to update court references and modernise language), the fundamental architecture remains consistent with its 2003 purpose: enabling the ACC to operate in the Territory with appropriate safeguards and oversight."},"complexity_factors":["Heavy cross-referencing to the Commonwealth Australian Crime Commission Act 2002 (Cwlth) — many terms and functions are defined externally","Nested conditional logic for determining when powers can be exercised (e.g., board consent requirements, special operation/investigation determinations)","Multiple layers of secrecy and disclosure offences with cascading exceptions (sections 24-25)","Complex interaction between self-incrimination protections and exceptions (section 26(6)-(9))","Dual framework applying Commonwealth bodies/persons to Territory jurisdiction with specific limitations (Part 5)","Detailed procedural requirements for examinations, warrants, and board meetings with specific quorum and voting thresholds","Extensive dictionary importing definitions from both the Legislation Act and the ACC Act"],"plain_english_summary":"The Act extends the Commonwealth Australian Crime Commission into the ACT, letting it run intelligence operations and investigations into serious and organised offending against Territory laws. It authorises “special” investigations with coercive powers: private compulsory examinations under oath, search warrants, document seizures, secrecy rules, passport-surrender orders and strict penalties for non‑compliance.\n\nIt affects suspects, summoned witnesses, ACC partners and their lawyers, and matters because it transfers significant coercive authority from Territory processes to a Commonwealth agency."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act’s practical scope has been altered by statutory amendments that adjust governance, investigatory and procedural mechanics. Recent amendments listed in the Act’s amendment history (A2023‑33 and A2025‑29) modified provisions including the CEO’s management role (s 9), powers to obtain documents (s 23), witness attendance and sanctions (s 26), conduct of examinations (s 21), board meeting rules (s 12), passport orders (s 31) and administrative/reporting arrangements (ss 42–45, 49, 53). These changes alter thresholds, processes and information‑sharing/reporting duties but leave the Act’s core purpose—authorising ACC Territory operations and intelligence work—intact."},"complexity_factors":["Cross‑referencing with the Commonwealth ACC Act and other laws creates dependency on external definitions and standards (see s 6, Dictionary).","Multiple decision‑makers with overlapping roles: board (major determinations), CEO (operational control, s 9), examiners (coercive questioning, s 20–21), inter‑governmental committee (review/revocation, s 19) and courts (warrants, ss 27, 31, 32).","High‑threshold governance for special operations/investigations, including written determinations and supermajority voting requirements (s 11, s 15(4)).","Coercive investigatory powers: summonses, notices to produce, oath/affirmation, arrest and passport orders, and search warrants with seizure and retention rules (ss 22–33, 27, 31, 32).","Publication and secrecy regimes that restrict disclosure, criminalise reckless publication and protect restricted information—procedural rules and cancellation triggers add nuance (ss 21(10)–(16), 24–25, 46).","Limits on judicial review of board determinations in ACT courts (s 39) and specified judicial roles exercised in a personal capacity (s 38), narrowing ordinary remedies and creating specialised review paths.","Inter‑jurisdictional coordination and information‑sharing obligations with Commonwealth, States and foreign authorities, plus reporting duties to ministers and committees (ss 37, 40–45), increasing regulatory interplay.","Detailed evidentiary and use‑limitation rules for compelled answers and produced documents (immunity from use in prosecutions, s 26(6)–(9)), which complicate downstream prosecutorial and civil uses.","Discretionary powers vested in the examiner and CEO (e.g. notations prohibiting disclosure, variation of publication directions, delegation under s 47) produce operational flexibility but increase compliance uncertainty."],"plain_english_summary":"This Act enables the Australian Crime Commission (ACC) to operate in the ACT, giving it powers to investigate serious and organised crime involving Territory offences, run intelligence operations, obtain documents, compel witnesses and execute search warrants. It requires witness attendance, document production, and restricts disclosure of certain information. It affects the ACC board, the CEO, examiners, legal practitioners, people and organisations subject to summonses or searches, and law enforcement agencies because it creates duties, privileges, penalties and reporting obligations tied to ACC operations."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-act-act-2003","history":"/api/acts/australian-crime-commission-act-act-2003/history","analysis":"/api/acts/australian-crime-commission-act-act-2003/analysis","conflicts":"/api/acts/australian-crime-commission-act-act-2003/conflicts","importantCases":"/api/acts/australian-crime-commission-act-act-2003/important-cases","documents":"/api/acts/australian-crime-commission-act-act-2003/documents"}}