{"id":"C2004A01062","name":"Australian Crime Commission Establishment Act 2002","slug":"australian-crime-commission-establishment-act-2002","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"125 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32742,"registerId":"commonwealth-C2004A01062-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Crime Commission Establishment Act 2002.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

10 December 2002

2. Schedule 1

1 January 2003

1 January 2003

3. Schedule 2, items 1 to 115

1 January 2003

1 January 2003

4. Schedule 2, items 116 and 117

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of section 213 of the Proceeds of Crime Act 2002

1 January 2003

5. Schedule 2, item 118

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of Schedule 3 to the Communications Legislation Amendment Act (No. 1) 2003

6. Schedule 2, items 119 to 226

1 January 2003

1 January 2003

7. Schedule 3, items 1 to 6

Immediately after the commencement of Schedule 1 to this Act, subject to subsection (3)

Does not commence at all

8. Schedule 3, items 7 to 14

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

9. Schedule 3, items 15 and 16

Immediately before the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

10. Schedule 3, item 17

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, the provisions covered by item 7 of the table do not commence at all.\n (4) If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, the provisions covered by items 8, 9 and 10 of the table do not commence at all.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Amendment of the National Crime Authority Act 1984\n\nPart 1—Amendments\n\n1 Title\n\nOmit “a National Crime Authority”, substitute “the Australian Crime Commission, and for related purposes”.\n\n2 Section 1\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n3 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established by section 7.\n\n4 Subsection 4(1)\n\nInsert:\n\n> ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting.\n\n5 Subsection 4(1) (definition of Authority)\n\nRepeal the definition.\n\n6 Subsection 4(1)\n\nInsert:\n\n> Board means the Board of the ACC.\n\n7 Subsection 4(1)\n\nInsert:\n\n> CEO means the Chief Executive Officer of the ACC.\n\n8 Subsection 4(1) (definition of Chair)\n\nRepeal the definition.\n\n9 Subsection 4(1)\n\nInsert:\n\n> eligible Commonwealth Board member means the following members of the Board:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.\n\n10 Subsection 4(1) (paragraph (a) of the definition of eligible person)\n\nRepeal the paragraph, substitute:\n\n (a) an examiner; or\n\n11 Subsection 4(1) (paragraph (b) of the definition of eligible person)\n\nOmit “Authority”, substitute “ACC”.\n\n12 Subsection 4(1)\n\nInsert:\n\n> examiner means a person appointed under subsection 46B(1).\n\n13 Subsection 4(1) (paragraphs (a) and (b) of the definition of federally relevant criminal activity)\n\nOmit “relevant offence”, substitute “serious and organised crime”.\n\n14 Subsection 4(1) (definition of hearing officer)\n\nRepeal the definition.\n\n15 Subsection 4(1)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity.\n\n16 Subsection 4(1) (definition of Judge)\n\nRepeal the definition.\n\n17 Subsection 4(1) (definition of member)\n\nRepeal the definition.\n\n18 Subsection 4(1)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a member of the staff referred to in subsection 47(1); or\n (b) a person participating in an ACC operation/investigation; or\n (c) a member of a task force established by the Board under paragraph 7C(1)(f); or\n (d) a person engaged under subsection 48(1); or\n (e) a person referred to in section 49 whose services are made available to the ACC; or\n (f) a legal practitioner appointed under section 50 to assist the ACC as counsel.\n\n19 Subsection 4(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n20 Subsection 4(1) (definition of original reference)\n\nRepeal the definition.\n\n21 Subsection 4(1) (definition of prescribed investigation)\n\nRepeal the definition.\n\n22 Subsection 4(1) (definition of related reference)\n\nRepeal the definition.\n\n23 Subsection 4(1) (definition of relevant criminal activity)\n\nOmit “a relevant offence”, substitute “a serious and organised crime”.\n\n24 Subsection 4(1) (definition of relevant offence)\n\nRepeal the definition.\n\n25 Subsection 4(1)\n\nInsert:\n\n> serious and organised crime means an offence:\n\n (a) that involves 2 or more offenders and substantial planning and organisation; and\n (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and\n (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and\n (d) that is of a kind prescribed by the regulations or 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 (ix) extortion;\n (x) violence;\n (xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;\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 Australia;\n (xix) cybercrime;\n (xx) matters of the same general nature as one or more of the matters listed above;\n but:\n (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and\n (f) does not include an offence the time for the commencement of a prosecution for which has expired; and\n (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years.\n\n> Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances).\n\n26 Subsection 4(1)\n\nInsert:\n\n> special ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation.\n\n27 Subsection 4(1) (definition of special investigation)\n\nRepeal the definition.\n\n28 Subsection 4(1) (definition of Task Force)\n\nRepeal the definition.\n\n29 Subsection 4(2)\n\nRepeal the subsection, substitute:\n\n (2) If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime.\n\n30 Paragraph 4A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) either:\n (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or\n (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory.\n\n31 Paragraph 4A(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) both:\n (i) the ACC is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or\n (e) both:\n (i) the ACC is undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that operation is, or would be, incidental to the operation mentioned in subparagraph (i).\n\n32 Subsection 4A(6)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n33 Part II (heading)\n\nRepeal the heading, substitute:","sortOrder":2},{"sectionNumber":"Part II","sectionType":"part","heading":"The Australian Crime Commission (the ACC)","content":"## Part II—The Australian Crime Commission (the ACC)\n\n34 Division 1 of Part II (heading)\n\nRepeal the heading, substitute:","sortOrder":3},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee","content":"### Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee\n\n35 Section 7\n\nRepeal the section, substitute:","sortOrder":4},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"The Australian Crime Commission","content":"An Act to establish the Australian Crime Commission, and for other purposes\n\n\\[Assented to 10 December 2002\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Australian Crime Commission Establishment Act 2002.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

10 December 2002

2. Schedule 1

1 January 2003

1 January 2003

3. Schedule 2, items 1 to 115

1 January 2003

1 January 2003

4. Schedule 2, items 116 and 117

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of section 213 of the Proceeds of Crime Act 2002

1 January 2003

5. Schedule 2, item 118

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of Schedule 3 to the Communications Legislation Amendment Act (No. 1) 2003

6. Schedule 2, items 119 to 226

1 January 2003

1 January 2003

7. Schedule 3, items 1 to 6

Immediately after the commencement of Schedule 1 to this Act, subject to subsection (3)

Does not commence at all

8. Schedule 3, items 7 to 14

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

9. Schedule 3, items 15 and 16

Immediately before the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

10. Schedule 3, item 17

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, the provisions covered by item 7 of the table do not commence at all.\n (4) If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, the provisions covered by items 8, 9 and 10 of the table do not commence at all.\n\n#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Amendment of the National Crime Authority Act 1984\n\nPart 1—Amendments\n\n1 Title\n\nOmit “a National Crime Authority”, substitute “the Australian Crime Commission, and for related purposes”.\n\n2 Section 1\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n3 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established by section 7.\n\n4 Subsection 4(1)\n\nInsert:\n\n> ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting.\n\n5 Subsection 4(1) (definition of Authority)\n\nRepeal the definition.\n\n6 Subsection 4(1)\n\nInsert:\n\n> Board means the Board of the ACC.\n\n7 Subsection 4(1)\n\nInsert:\n\n> CEO means the Chief Executive Officer of the ACC.\n\n8 Subsection 4(1) (definition of Chair)\n\nRepeal the definition.\n\n9 Subsection 4(1)\n\nInsert:\n\n> eligible Commonwealth Board member means the following members of the Board:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.\n\n10 Subsection 4(1) (paragraph (a) of the definition of eligible person)\n\nRepeal the paragraph, substitute:\n\n (a) an examiner; or\n\n11 Subsection 4(1) (paragraph (b) of the definition of eligible person)\n\nOmit “Authority”, substitute “ACC”.\n\n12 Subsection 4(1)\n\nInsert:\n\n> examiner means a person appointed under subsection 46B(1).\n\n13 Subsection 4(1) (paragraphs (a) and (b) of the definition of federally relevant criminal activity)\n\nOmit “relevant offence”, substitute “serious and organised crime”.\n\n14 Subsection 4(1) (definition of hearing officer)\n\nRepeal the definition.\n\n15 Subsection 4(1)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity.\n\n16 Subsection 4(1) (definition of Judge)\n\nRepeal the definition.\n\n17 Subsection 4(1) (definition of member)\n\nRepeal the definition.\n\n18 Subsection 4(1)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a member of the staff referred to in subsection 47(1); or\n (b) a person participating in an ACC operation/investigation; or\n (c) a member of a task force established by the Board under paragraph 7C(1)(f); or\n (d) a person engaged under subsection 48(1); or\n (e) a person referred to in section 49 whose services are made available to the ACC; or\n (f) a legal practitioner appointed under section 50 to assist the ACC as counsel.\n\n19 Subsection 4(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n20 Subsection 4(1) (definition of original reference)\n\nRepeal the definition.\n\n21 Subsection 4(1) (definition of prescribed investigation)\n\nRepeal the definition.\n\n22 Subsection 4(1) (definition of related reference)\n\nRepeal the definition.\n\n23 Subsection 4(1) (definition of relevant criminal activity)\n\nOmit “a relevant offence”, substitute “a serious and organised crime”.\n\n24 Subsection 4(1) (definition of relevant offence)\n\nRepeal the definition.\n\n25 Subsection 4(1)\n\nInsert:\n\n> serious and organised crime means an offence:\n\n (a) that involves 2 or more offenders and substantial planning and organisation; and\n (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and\n (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and\n (d) that is of a kind prescribed by the regulations or 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 (ix) extortion;\n (x) violence;\n (xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;\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 Australia;\n (xix) cybercrime;\n (xx) matters of the same general nature as one or more of the matters listed above;\n but:\n (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and\n (f) does not include an offence the time for the commencement of a prosecution for which has expired; and\n (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years.\n\n> Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances).\n\n26 Subsection 4(1)\n\nInsert:\n\n> special ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation.\n\n27 Subsection 4(1) (definition of special investigation)\n\nRepeal the definition.\n\n28 Subsection 4(1) (definition of Task Force)\n\nRepeal the definition.\n\n29 Subsection 4(2)\n\nRepeal the subsection, substitute:\n\n (2) If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime.\n\n30 Paragraph 4A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) either:\n (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or\n (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory.\n\n31 Paragraph 4A(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) both:\n (i) the ACC is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or\n (e) both:\n (i) the ACC is undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that operation is, or would be, incidental to the operation mentioned in subparagraph (i).\n\n32 Subsection 4A(6)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n33 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part II—The Australian Crime Commission (the ACC)\n\n34 Division 1 of Part II (heading)\n\nRepeal the heading, substitute:\n\n### Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee\n\n35 Section 7\n\nRepeal the section, substitute:\n\n#### Subdivision A—The Australian Crime Commission\n\n#### 7 Establishment of the Australian Crime Commission\n\n (1) The Australian Crime Commission is established by this section.\n (2) The ACC consists of:\n (a) the CEO; and\n (b) the examiners; and\n (c) the members of the staff of the ACC.\n\n#### 7A Functions of the ACC\n\n The ACC has the following functions:\n (a) to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence;\n (b) to undertake, when authorised by the Board, intelligence operations;\n (c) to investigate, when authorised by the Board, matters relating to federally relevant criminal activity;\n (d) to provide reports to the Board on the outcomes of those operations or investigations;\n (e) to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board;\n (f) to provide advice to the Board on national criminal intelligence priorities;\n (g) such other functions as are conferred on the ACC by other provisions of this Act or by any other Act.\n\n#### Subdivision B—The Board of the ACC\n\n#### 7B Establishment of the Board\n\n (1) The Board of the ACC is established by this section.\n Board members\n (2) The Board consists of the following members:\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory;\n (h) the CEO.\n Chair\n (3) The Commissioner of the Australian Federal Police is the Chair of the Board.\n\n#### 7C Functions of the Board\n\n (1) The Board has the following functions:\n (a) to determine national criminal intelligence priorities;\n (b) to provide strategic direction to the ACC and to determine the priorities of the ACC;\n (c) to authorise, in writing, the ACC to undertake intelligence operations or to investigate matters relating to federally relevant criminal activity;\n (d) to determine, in writing, whether such an operation is a special operation or whether such an investigation is a special investigation;\n (e) to determine, in writing, the class or classes of persons to participate in such an operation or investigation;\n (f) to establish task forces;\n (g) to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC;\n (h) to report to the Inter‑Governmental Committee on the ACC’s performance;\n (i) such other functions as are conferred on the Board by other provisions of this Act.\n\n> Note: The CEO must determine, in writing, the head of an intelligence operation or an investigation into matters relating to federally relevant criminal activity: see subsection 46A(2A).\n\n Special operations\n (2) The Board may determine, in writing, that an intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special operation.\n\n Special investigations\n (3) The Board may determine, in writing, that an investigation into matters relating to federally relevant criminal activity is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special investigation.\n\n Further details\n (4) A determination under subsection (2) or (3) must:\n (a) describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity; and\n (b) state that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the Commonwealth, a law of a Territory or a law of a State but need not specify the particular offence or offences; and\n (c) set out the purpose of the operation or investigation.\n Informing the Inter‑Governmental Committee\n (5) The Chair of the Board must, within the period of 3 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee.\n When determination takes effect\n (6) A determination under subsection (2) or (3) has effect immediately after it is made.\n\n#### 7D Board meetings\n\n (1) The Chair of the Board may convene meetings of the Board.\n (2) The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the following requirements:\n (a) the first meeting of the Board must be within 2 months after the commencement of this section;\n (b) there must be a minimum of 2 meetings each calendar year;\n (c) the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section.\n (3) The Board, at its first meeting, must determine, in writing, a schedule of Board meetings.\n\n#### 7E Presiding at Board meetings\n\n A 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 who is present and who is nominated, in writing, by the Chair to preside.\n\n#### 7F Quorum at Board meetings\n\n At a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO).\n\n#### 7G Voting at Board meetings\n\n (1) Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present.\n Person presiding has a casting vote\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n CEO is not a voting member\n (3) The CEO is not entitled to vote on any question arising at a meeting of the Board.\n Voting for special ACC operations/investigations\n (4) The Board cannot determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination.\n\n#### 7H Conduct of Board meetings\n\n (1) The Board may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (e.g. telephone).\n\n (2) The Board must ensure that minutes of its meetings are kept.\n\n#### 7J Resolutions outside of Board meetings\n\n (1) This section applies to a resolution:\n (a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or\n (ii) if the resolution is that the Board determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members);\n indicate by telephone or other mode of communication to the Chair 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 meeting of the Board duly convened and held.\n\n#### 7K Board committees\n\n (1) The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board.\n (2) The Board may dissolve a committee at any time.\n Functions\n (3) The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO).\n (4) However, the Board cannot determine that a committee has the function of determining whether an intelligence operation is a special operation or whether an investigation into matters relating to federally relevant criminal activity is a special investigation.\n (5) In performing its functions, a committee must comply with any directions given to the committee by the Board.\n Voting\n (6) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.\n (7) However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member.\n Informing other Board members of decisions\n (8) A committee must inform the other members of the Board of its decisions.\n Conduct of committee meetings\n (9) A committee may regulate proceedings at its meetings as it considers appropriate.\n (10) A committee must ensure that minutes of its meetings are kept.\n\n36 Before section 8\n\nInsert:\n\n#### Subdivision C—The Inter‑Governmental Committee\n\n36A At the end of subsection 8(5)\n\nAdd “There must be a minimum of 2 meetings each calendar year.”.\n\n36B Subsection 8(7)\n\nRepeal the subsection, substitute:\n\n (7) A resolution:\n (a) which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or\n (ii) if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;\n is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.\n\n37 Subsection 8(9)\n\nOmit “The Chair and the other members of the Authority”, substitute “Any member of the Board”.\n\n38 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Functions of Committee\n\n (1) The Committee has the following functions:\n (a) to monitor generally the work of the ACC and the Board;\n (b) to oversee the strategic direction of the ACC and the Board;\n (c) to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;\n (d) such other functions as are conferred on the Committee by other provisions of this Act.\n Request for more information about special determination\n (2) Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.\n (3) Subject to subsection (4), the Chair of the Board must comply with the request.\n (4) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information.\n (5) If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister.\n (6) If the Committee refers the request to the Minister, the Minister:\n (a) must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and\n (b) must provide copies of that determination to the Chair of the Board and the Committee; and\n (c) must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.\n Revoking the special determination\n (7) Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.\n (8) The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.\n\n> Note: One of the effects of the revocation is that the coercive powers in Division 2 of Part II are no longer able to be exercised in relation to the ACC operation/investigation concerned.\n\n (9) To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified.\n Committee under no duty to consider whether to exercise powers\n (10) The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.\n\n39 Section 10\n\nRepeal the section.\n\n40 Section 11\n\nRepeal the section.\n\n41 Before section 12\n\nInsert:\n\n### Division 1A—Performance of functions and exercise of powers\n\n42 Subsection 12(1)\n\nOmit “Where, in carrying out an investigation in relation to a federally relevant criminal activity under paragraph 11(1)(b) or subsection 11(2), the Authority”, substitute “Where the ACC, in carrying out an ACC operation/investigation,”.\n\n43 Subsection 12(1)\n\nOmit “the Authority must”, substitute “the CEO must”.\n\n44 At the end of subsection 12(1)\n\nAdd:\n\n> Note: The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see section 59.\n\n45 Subsection 12(1A)\n\nRepeal the subsection.\n\n46 Subsection 12(2)\n\nRepeal the subsection.\n\n47 Subsection 12(3)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n48 Subsection 12(3)\n\nOmit “Authority may”, substitute “Board may”.\n\n49 Subsection 12(6)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n50 Section 13\n\nRepeal the section.\n\n51 Section 14\n\nRepeal the section.\n\n52 Paragraph 15(a)\n\nOmit “a member or members”, substitute “an examiner or examiners”.\n\nNote: The heading to section 15 is altered by omitting “Members” and substituting “Examiners”.\n\n53 Paragraph 15(b)\n\nOmit “member or members”, substitute “examiner or examiners”.\n\n54 Paragraph 15(b)\n\nOmit “Authority”, substitute “ACC”.\n\n55 Section 15\n\nOmit “member or members referred to” (first occurring), substitute “examiner or examiners referred to”.\n\n56 Section 15\n\nOmit “Authority of its functions or powers under this Act, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members”, substitute “ACC of its functions or powers under this Act, and the members of the staff of the ACC may be made available by the CEO in assisting the examiner or examiners”.\n\n57 Section 16\n\nRepeal the section, substitute:\n\n#### 16 Limitation on challenge to Board determination\n\n If:\n (a) an intelligence operation is determined by the Board to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity is determined by the Board to be a special investigation;\n then, except in a proceeding instituted by the Attorney‑General of the Commonwealth or the Attorney‑General of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court on the ground that the determination was not lawfully made.\n\n58 Section 17\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n59 Subsection 18(1)\n\nOmit “Subject to subsections (2) and (3), the”, substitute “The”.\n\nNote: The heading to section 18 is altered by omitting “Authority” and substituting “Board”.\n\n60 Subsection 18(1)\n\nOmit “Authority” (wherever occurring), substitute “Board”.\n\n61 Subsections 18(2) and (3)\n\nRepeal the subsections, substitute:\n\n (2) However, the Minister must not, without the approval of a resolution passed at a meeting of the Inter‑Governmental Committee, being a resolution as to which all the members of the Committee present at the meeting have voted in favour, give any directions or furnish any guidelines to the Board under subsection (1) with respect to particular ACC operations/investigations.\n\n62 Subsection 18(4)\n\nOmit “Authority”, substitute “Board”.\n\n63 Section 19\n\nOmit “Authority has”, substitute “ACC has”.\n\nNote: The heading to section 19 is altered by omitting “Authority” and substituting “ACC”.\n\n64 Section 19\n\nOmit “general functions or of its special”.\n\n65 Section 19\n\nOmit “Authority by”, substitute “ACC by”.\n\n66 Subsection 19A(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 19A is altered by omitting “Authority” and substituting “Examiner”.\n\n67 Subsection 19A(1)\n\nOmit “Authority”, substitute “examiner”.\n\n68 Paragraph 19A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n69 Subsection 19A(2)\n\nOmit “A member”, substitute “An examiner”.\n\n70 Subsection 19A(2)\n\nOmit “Authority”, substitute “examiner”.\n\n71 Subsection 19A(2)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n72 Paragraph 19A(6)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n73 Subsection 19A(8) (definition of prescribed agency)\n\nOmit “Human Rights Commission”, substitute “Human Rights and Equal Opportunity Commission”.\n\n74 Subsection 19A(8) (paragraph (c) of the definition of relevant matters)\n\nOmit “prescribed investigation”, substitute “ACC operation/investigation”.\n\n75 Subsection 19A(8) (paragraph (c) of the definition of relevant request)\n\nOmit “Authority”, substitute “examiner”.\n\n76 Section 19A (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n77 Subsection 20(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 20 is altered by omitting “Authority” and substituting “Examiner”.\n\n78 Subsection 20(1)\n\nOmit “Authority”, substitute “examiner”.\n\n79 Paragraph 20(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n80 Subsection 20(2)\n\nOmit “A member”, substitute “An examiner”.\n\n81 Paragraph 20(2)(a)\n\nOmit “a member of the Authority or a member of the staff of the Authority”, substitute “the examiner or a member of the staff of the ACC”.\n\n82 Paragraph 20(2)(b)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n83 Section 20 (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n84 Subsection 21(1)\n\nOmit “Authority”, substitute “Board”.\n\nNote: The heading to section 21 is altered by omitting “Authority” and substituting “Board”.\n\n85 Subsection 21(2)\n\nOmit “Authority” (first occurring), substitute “Board”.\n\n86 Subsection 21(2)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n87 Paragraph 22(1)(a)\n\nOmit “a matter relating to a federally relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n88 Paragraph 22(2)(c)\n\nOmit “the Authority”, substitute “any person participating in the special ACC operation/investigation”.\n\n89 Paragraph 22(5)(a)\n\nOmit “matter relating to a federally relevant criminal activity into which the Authority is conducting a special investigation”, substitute “special ACC operation/investigation”.\n\n90 Paragraph 22(8)(a)\n\nOmit “Authority” (wherever occurring), substitute “head of the special ACC operation/investigation”.\n\n91 Paragraph 22(8)(a)\n\nOmit “a special investigation”, substitute “the special ACC operation/investigation”.\n\n92 Paragraph 22(8)(b)\n\nOmit “Authority” (first occurring), substitute “head of the special ACC operation/investigation”.\n\n93 Paragraph 22(8)(b)\n\nOmit “an eligible person”, substitute “a person participating in the special ACC operation/investigation”.\n\n94 Subparagraph 22(8)(b)(ii)\n\nOmit “eligible person”, substitute “person participating in the special ACC operation/investigation”.\n\n95 Paragraph 22(8)(b)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n96 Subsection 22(9)\n\nOmit “An eligible person”, substitute “A person participating in the special ACC operation/investigation”.\n\n97 Subsection 22(9)\n\nOmit “the eligible person”, substitute “the person participating in the special ACC operation/investigation”.\n\n98 Subsection 22(13)\n\nOmit “a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n99 Subsection 22(13)\n\nOmit “the relevant criminal activity”, substitute “the special ACC operation/investigation”.\n\n100 At the end of subsection 22(14)\n\nAdd “The issuing officer need not accept the function conferred.”.\n\n101 Paragraph 23(3)(d)\n\nOmit “Authority”, substitute “CEO”.\n\n102 Subsection 23(4)\n\nOmit “Authority”, substitute “ACC”.\n\n103 Subsection 24(1)\n\nOmit “a member”, substitute “an examiner”.\n\nNote: The heading to section 24 is altered by omitting “Authority” and substituting “examiner”.\n\n104 Paragraph 24(1)(a)\n\nOmit “an investigation that is being conducted by the Authority into a matter that was referred to the Authority (being a matter relating to a federally relevant criminal activity)”, substitute “a special ACC operation/investigation”.\n\n105 Paragraph 24(1)(a)\n\nOmit “the Authority or a hearing officer at a hearing (whether or not the summons has been served), or a person has appeared before the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination”.\n\n106 Paragraph 24(1)(b)\n\nOmit “Authority or the hearing officer” (wherever occurring), substitute “examiner”.\n\n107 Paragraph 24(1)(b)\n\nOmit “matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation”, substitute “special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation”.\n\n108 Subsection 24(1)\n\nOmit “passport to the Authority”, substitute “passport to the examiner”.\n\n109 Paragraph 24(2)(d)\n\nOmit “Authority”, substitute “examiner”.\n\n110 Subsection 24(2) (penalty)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n111 Paragraph 24(3)(a)\n\nOmit “Authority”, substitute “examiner”.\n\n112 Paragraph 24(3)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n113 Subsection 24(4)\n\nOmit “a member”, substitute “the examiner”.\n\n114 Subsection 24(4)\n\nOmit “Authority” (wherever occurring), substitute “examiner”.\n\n115 Subsection 24(5)\n\nOmit “Authority”, substitute “examiner”.\n\n116 Subsection 24(5)\n\nOmit “a member”, substitute “the examiner”.\n\n117 Division 2 of Part II (heading)\n\nRepeal the heading, substitute:\n\n### Division 2—Examinations\n\n118 Section 24A\n\nRepeal the section, substitute:\n\n#### 24A Examinations\n\n An examiner may conduct an examination for the purposes of a special ACC operation/investigation.\n\n119 Section 25\n\nRepeal the section.\n\n120 Section 25A\n\nRepeal the section, substitute:\n\n#### 25A Conduct of examination\n\n Conduct of proceedings\n (1) An examiner may regulate the conduct of proceedings at an examination as he or she thinks fit.\n Representation at examination\n (2) At an examination before an examiner:\n (a) a person giving evidence may be represented by a legal practitioner; and\n (b) if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.\n Persons present at examination\n (3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination.\n (4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination 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 person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present.\n (5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4).\n Witnesses\n (6) At an examination before an examiner:\n (a) counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or\n (b) any person authorised by the examiner to appear before the examiner at the examination; or\n (c) any legal practitioner representing a person at the examination in accordance with subsection (2);\n may, so far as the examiner thinks appropriate, examine or cross‑examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.\n (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must:\n (a) inform the witness that the person is present; and\n (b) give the witness an opportunity to comment on the presence of the person.\n (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if:\n (a) the examiner fails to comply with subsection (7); or\n (b) a witness comments adversely on the presence of the person under paragraph (7)(b).\n Confidentiality\n (9) 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 any thing, produced to the examiner; or\n (c) any information that might enable a person who has given evidence before the examiner to be identified; or\n (d) the fact that any person has given or may be about to give evidence at an examination;\n must not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.\n (10) Subject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9).\n (11) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n Courts\n (12) If:\n (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and\n (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;\n the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.\n (13) If:\n (a) the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and\n (b) the court, after examining the evidence, is satisfied that the interests of justice so require;\n the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.\n Offence\n (14) A person who:\n (a) is present at an examination in contravention of subsection (5); or\n (b) makes a publication in contravention of a direction given under subsection (9);\n is guilty of an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.\n End of examination\n (15) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation:\n (a) a record of the proceedings of the examination; and\n (b) any documents or other things given to the examiner at, or in connection with, the examination.\n\n121 Subsection 26(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n122 Subsection 26(1)\n\nOmit “Chair”, substitute “CEO”.\n\n123 Subsection 26(2)\n\nOmit “Chair” (wherever occurring), substitute “CEO”.\n\n124 Subsection 27(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n125 Subsection 27(3)\n\nOmit “the Authority or the hearing officer”, substitute “the examiner”.\n\n126 Subsection 28(1)\n\nOmit “A member”, substitute “An examiner”.\n\n127 Subsection 28(1)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “the examiner at an examination”.\n\n127A After subsection 28(1)\n\nInsert:\n\n (1A) Before issuing a summons under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the summons.\n\n128 Subsection 28(2)\n\nRepeal the subsection, substitute:\n\n (2) A summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the intelligence operation is a special operation or that the investigation into matters relating to federally relevant criminal activity is a special investigation.\n\n129 Subsection 28(3)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination”.\n\n130 Subsection 28(3)\n\nOmit “the member”, substitute “the examiner”.\n\n131 Subsection 28(3)\n\nOmit “a special investigation to which the hearing”, substitute “the special ACC operation/investigation to which the examination”.\n\n132 Subsection 28(3)\n\nOmit “the special investigation”, substitute “the special ACC operation/investigation”.\n\n133 Subsection 28(3)\n\nOmit “the Authority or the hearing officer” (wherever occurring), substitute “the examiner”.\n\n134 Subsection 28(3)\n\nOmit “relates to a special investigation”, substitute “relates to a special ACC operation/investigation”.\n\n135 Subsection 28(4)\n\nRepeal the subsection, substitute:\n\n (4) The examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing.\n\n136 Subsection 28(5)\n\nRepeal the subsection, substitute:\n\n (5) An examiner may, at an examination, take evidence on oath or affirmation and for that purpose:\n (a) the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and\n (b) the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.\n\n137 Subsection 28(6)\n\nRepeal the subsection, substitute:\n\n (6) In this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO.\n\n138 Subsection 28(7)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n139 Subsection 29(1)\n\nOmit “A member”, substitute “An examiner”.\n\n140 Paragraph 29(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and\n\n141 Paragraph 29(1)(b)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n141A After subsection 29(1)\n\nInsert:\n\n (1A) Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice.\n\n142 Subsection 29(2)\n\nRepeal the subsection, substitute:\n\n (2) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.\n\n143 Subsection 29(3A)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n144 Subsection 29(3C)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n145 Subsection 29(4)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n146 Subsection 29A(1)\n\nOmit “member”, substitute “examiner”.\n\n147 Paragraph 29A(2)(a)\n\nOmit “member”, substitute “examiner”.\n\n148 Subparagraph 29A(2)(a)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n149 Paragraph 29A(2)(b)\n\nOmit “member”, substitute “examiner”.\n\n150 Subparagraph 29A(2)(b)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n151 Paragraph 29A(2)(c)\n\nOmit “member”, substitute “examiner”.\n\n152 Subsection 29A(4)\n\nOmit “Authority has concluded the investigation”, substitute “ACC has concluded the operation or investigation”.\n\n153 Paragraph 29A(4)(a)\n\nOmit “or (1A)”.\n\n154 Paragraph 29A(4)(b)\n\nOmit “or (1A) and the Authority”, substitute “and the CEO”.\n\n155 Paragraph 29A(4)(c)\n\nOmit “or (1A)”.\n\n156 Paragraph 29A(4)(d)\n\nOmit “or (1A)”.\n\n157 Subparagraph 29A(4)(d)(ii)\n\nOmit “Authority”, substitute “CEO”.\n\n158 Subsection 29A(4)\n\nOmit “relating to the investigation”, substitute “relating to the operation or investigation”.\n\n159 Subsection 29A(5)\n\nOmit “Authority”, substitute “CEO”.\n\n160 Subsection 29A(6)\n\nRepeal the subsection.\n\n161 At the end of section 29A\n\nAdd:\n\n (8) In this section:\n\n> official matter has the same meaning as in section 29B.\n\n162 Subsection 29B(1) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n163 Paragraph 29B(2)(e)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n164 Subsection 29B(3) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n165 Subsection 29B(7) (paragraph (a) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (a) the determination referred to in subsection 28(2);\n\n166 Subsection 29B(7) (paragraph (b) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (b) an ACC operation/investigation;\n\n167 Subsection 29B(7) (paragraph (c) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (c) an examination held by an examiner;\n\n168 Subsection 30(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n169 Paragraph 30(1)(b)\n\nOmit “a member or the hearing officer, as the case may be”, substitute “the examiner”.\n\n170 Subsection 30(2)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n171 Paragraph 30(2)(b)\n\nOmit “member presiding at the hearing or the hearing officer”, substitute “examiner”.\n\n172 Paragraph 30(3)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n173 Subsection 30(3)\n\nOmit “member presiding at the hearing or the hearing officer, furnish to the Authority or the hearing officer”, substitute “examiner, give the examiner”.\n\n174 Subsection 30(4)\n\nOmit “a hearing before the Authority or a hearing officer, or documents or things produced at a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner, or documents or things produced at an examination before an examiner”.\n\n175 Paragraph 30(4)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n176 Subparagraph 30(4)(a)(i)\n\nOmit “member presiding at the hearing or the hearing officer who is holding the hearing”, substitute “examiner”.\n\n177 Subsection 30(6)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n178 Subsection 30(8)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n179 Subsection 31(1)\n\nOmit “by or on behalf of the Authority”, substitute “by an examiner”.\n\n180 Paragraph 31(1)(a)\n\nOmit “Authority” (first occurring), substitute “examiner”.\n\n181 Paragraph 31(1)(a)\n\nOmit “Authority or a hearing officer”, substitute “examiner”.\n\n182 Paragraph 31(3)(a)\n\nOmit “Authority or the hearing officer”, substitute “examiner”.\n\n183 Subsection 33(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n184 Subsection 33(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n185 Subsection 33(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n186 Section 34\n\nOmit “a member or a hearing officer”, substitute “an examiner”.\n\n187 Paragraph 34(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before the examiner”.\n\n188 Paragraph 34(b)\n\nOmit “Authority otherwise than at a hearing before the Authority or a hearing officer”, substitute “ACC otherwise than at an examination before the examiner”.\n\n189 Section 34\n\nOmit “member or the hearing officer, as the case may be,”, substitute “examiner”.\n\n190 Subsection 35(1)\n\nRepeal the subsection, substitute:\n\n (1) A person must not:\n (a) obstruct or hinder:\n (i) the ACC in the performance of its functions; or\n (ii) an examiner in the performance of his or her functions as an examiner; or\n (b) disrupt an examination before an examiner.\n\nNote: The heading to section 35 is replaced by the heading “Obstructing or hindering the ACC or an examiner etc.”.\n\n191 Subsection 35(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n192 Subsection 35(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n193 Subsection 36(1)\n\nOmit “A member or a hearing officer”, substitute “An examiner”.\n\nNote: The heading to section 36 is altered by omitting “members” and substituting “examiners”.\n\n194 Subsection 36(1)\n\nOmit “a member or a hearing officer in relation to a hearing before the Authority or the hearing officer”, substitute “an examiner in relation to an examination before the examiner”.\n\n195 Subsection 36(2)\n\nOmit “Authority or a hearing officer or representing a person at a hearing before the Authority or a hearing officer”, substitute “ACC or an examiner or representing a person at an examination before an examiner”.\n\n196 Subsection 36(3)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n197 Sections 37 to 46A\n\nRepeal the sections, substitute:\n\n#### Subdivision A—Chief Executive Officer\n\n#### 37 Appointment of CEO\n\n (1) The Chief Executive Officer of the ACC is to be appointed by the Governor‑General by written instrument.\n (2) Before the Governor‑General makes such an appointment, the Minister must:\n (a) invite the Board to make nominations for appointment; and\n (b) consult the members of the Inter‑Governmental Committee in relation to the appointment.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO is to be appointed on a full‑time basis.\n\n#### 38 Remuneration and allowances of CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 39 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the Minister determines in writing.\n\n#### 40 Resignation\n\n The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 41 Disclosure of interests\n\n The CEO must give written notice to the Minister, and to the Chair of the Board, of all interests, pecuniary or otherwise, that the CEO has or acquires and that could conflict with the proper performance of the CEO’s duties.\n\n#### 42 Outside employment\n\n The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 43 Suspension of appointment\n\n (1) The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n (1A) However, the Minister must not suspend the appointment of the CEO unless the Minister has:\n (a) asked the Board for its advice in relation to the proposed suspension; and\n (b) considered the Board’s advice.\n (2) The Minister must specify in the notice whether the suspension is with or without remuneration and allowances.\n (3) The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.\n\n#### 44 Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 41; or\n (d) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Unsatisfactory performance\n (3) The Governor‑General may terminate the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n Invalidity\n (4) In spite of anything contained in this section, if the CEO:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (5) In spite of anything contained in this section, if the CEO:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.\n\n#### 45 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.\n\n#### 46 Acting CEO\n\n (1) The Minister may appoint a person to act as the CEO:\n (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO is suspended from office, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n (2) Anything done by a person purporting to act under an appointment under subsection (1) is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\n\n> Note: For more information about acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 46A CEO to manage ACC etc.\n\n (1) The CEO is responsible for the management and administration of the ACC. The CEO is to act in accordance with any policies determined, and any directions given, in writing by the Board.\n (2) The CEO must also manage, co‑ordinate and control ACC operations/investigations.\n (2A) As soon as practicable after the Board authorises, in writing, the ACC to undertake an intelligence operation or to investigate matters relating to federally relevant criminal activity, the CEO must determine, in writing, the head of such an operation or investigation.\n (2B) Before the CEO determines the head of such an operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination.\n (3) Subject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation.\n\n#### Subdivision B—Examiners\n\n#### 46B Appointment of examiners\n\n (1) An examiner is to be appointed by the Governor‑General by written instrument.\n Consulting the Inter‑Governmental Committee\n (2) Before the Governor‑General makes such an appointment, the Minister must consult the members of the Inter‑Governmental Committee in relation to the appointment.\n Legal practitioner\n (3) A person must not be appointed as an examiner unless he or she is enrolled as a legal practitioner, and has been so for at least 5 years.\n Period of appointment\n (4) An examiner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. In addition, the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n Full‑time appointments\n (5) An examiner is to be appointed on a full‑time basis.\n\n#### 46C Remuneration and allowances of examiners\n\n (1) An examiner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an examiner is to be paid the remuneration that is prescribed by the regulations.\n (2) An examiner is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 46D Leave of absence\n\n (1) An examiner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The CEO may grant an examiner leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the CEO determines in writing.\n\n#### 46E Resignation\n\n An examiner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 46F Disclosure of interests\n\n An examiner must give written notice to the CEO of all interests, pecuniary or otherwise, that the examiner has or acquires and that could conflict with the proper performance of the examiner’s duties.\n\n#### 46G Outside employment\n\n An examiner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 46H Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of an examiner if:\n (a) the examiner:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the examiner is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the examiner fails, without reasonable excuse, to comply with section 46F; or\n (d) the examiner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Invalidity\n (3) In spite of anything contained in this section, an examiner who:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (4) In spite of anything contained in this section, an examiner who:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.\n\n#### 46J Other terms and conditions—general\n\n An examiner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.\n\n198 Before section 47\n\nInsert:\n\n#### Subdivision C—Staff etc.\n\n199 Subsection 47(1)\n\nOmit “Authority”, substitute “ACC”.\n\n200 Subsection 47(2)\n\nOmit “Chair” (wherever occurring), substitute “CEO”.\n\n201 Subsection 48(1)\n\nOmit “Chair”, substitute “CEO”.\n\n202 Subsection 48(1)\n\nOmit “Authority”, substitute “ACC”.\n\n203 Subsection 48(2)\n\nOmit “Chair”, substitute “CEO”.\n\n204 Section 49\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\nNote: The heading to section 49 is altered by omitting “Authority” and substituting “ACC”.\n\n205 Section 50\n\nOmit “Chair”, substitute “CEO”.\n\nNote: The heading to section 50 is altered by omitting “Authority” and substituting “ACC”.\n\n206 Section 50\n\nOmit “Authority”, substitute “ACC”.\n\n207 Before section 51\n\nInsert:\n\n#### Subdivision D—Secrecy\n\n208 Paragraph 51(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the CEO; and\n (aa) a member of the Board; and\n\n209 Paragraph 51(1)(b)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Paragraph 51(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) an examiner.\n\n211 Subsection 51(2)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n212 Subsection 51(3)\n\nOmit “Authority, or a member, acting member or hearing officer”, substitute “ACC, or the CEO, the acting CEO, a member of the Board or an examiner”.\n\n213 Paragraph 51(3)(b)\n\nOmit “investigation carried out by the Authority”, substitute “operation or investigation carried out by the ACC”.\n\n214 Subsection 51(4)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or\n (b) a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.\n\n215 Subsection 51(4) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n216 Part III (heading)\n\nRepeal the heading, substitute:\n\n## Part III—Parliamentary Joint Committee on the Australian Crime Commission\n\n217 Section 52 (definition of the Committee)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n218 Subsection 53(1)\n\nRepeal the subsection, substitute:\n\n (1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Crime Commission is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.\n\nNote: The heading to section 53 is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n219 Paragraphs 55(1)(a) and (b)\n\nOmit “Authority”, substitute “ACC”.\n\n220 Paragraph 55(1)(c)\n\nOmit “of the Authority”, substitute “on the ACC”.\n\n221 Paragraph 55(1)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 55(2)(a)\n\nAfter “to” (first occurring), insert “undertake an intelligence operation or to”.\n\n223 Paragraph 55(2)(b)\n\nOmit “Authority in relation to a particular investigation”, substitute “ACC in relation to a particular ACC operation/investigation”.\n\n224 Section 55AA\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n225 Paragraph 55A(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n226 Paragraph 55A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n227 Paragraph 55A(1)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n228 Subsections 55A(2) to (5)\n\nRepeal the subsections, substitute:\n\n ACC\n (2) A law of a State may confer on the ACC any or all of the following duties, functions or powers:\n (a) the function of investigating a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (b) a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph;\n (c) the function of undertaking an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (d) a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (3) The ACC cannot, under a law of a State:\n (a) investigate a matter relating to a relevant criminal activity; or\n (b) undertake an intelligence operation;\n unless the Board has consented to the ACC doing so.\n Board, Chair of the Board, CEO, examiners and members of staff of the ACC\n (4) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5A) The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State:\n (a) relating to the investigation of a matter relating to a relevant criminal activity; or\n (b) relating to the undertaking of an intelligence operation;\n unless the Board has consented to the CEO or the examiner doing so.\n Judge of the Federal Court or Federal Magistrate\n (5B) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5C) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n\n229 Subsection 55A(6)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n230 Subsection 55A(7)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n231 Paragraph 55A(8)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n232 Paragraph 55A(8)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n233 Paragraph 55A(8)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n234 Paragraph 55A(9)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n235 Paragraph 55A(9)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n236 Paragraph 55A(9)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n237 Subsection 55A(9)\n\nAfter “federally relevant criminal activities”, insert “or to the undertaking of an intelligence operation”.\n\n238 Subsection 55A(10)\n\nRepeal the subsection, substitute:\n\n State officers do not lose State powers\n (10) Nothing in this Act results in a person, who is an officer of a State and who becomes a member of the staff of the ACC, ceasing to be able to perform any duty or function, or to exercise any power, that is conferred on the person under a law of the State in his or her capacity as such an officer.\n\n239 Subsection 55A(12)\n\nRepeal the subsection, substitute:\n\n Interpretation\n (12) A reference in this section to a law of a State conferring a duty, function or power includes a reference to the conferral of a duty, function or power under a law of a State.\n\n240 Subsection 55A(13)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n241 Subsection 55A(13) (definition of State NCA Act)\n\nRepeal the definition.\n\n242 At the end of section 55A\n\nAdd:\n\n (14) In this section (other than subsection (9)):\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n243 Section 55B\n\nRepeal the section, substitute:\n\n#### 55B Choice of Commonwealth and State powers\n\n If:\n (a) the ACC is investigating a matter relating to federally relevant criminal activity, or is undertaking an intelligence operation, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of a State; and\n (b) for the purposes of that investigation or operation, the ACC or the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State;\n this Act or that other Act does not require the ACC or the Board, the Chair of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.\n\n244 Paragraph 55C(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n245 Paragraph 55C(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC;\n\n246 Paragraph 55C(1)(c)\n\nAfter “matter”, insert “, or to the collection, correlation, analysis or dissemination of criminal information and intelligence,”.\n\n247 Subsection 55C(2)\n\nAfter “Federal Court”, insert “or a Federal Magistrate”.\n\n248 Subsection 55C(2)\n\nOmit “Authority of a matter”, substitute “ACC of a matter, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence,”.\n\n249 Subsection 55C(3)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n250 Section 56\n\nRepeal the section.\n\n251 Section 57\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n252 Subsection 58(1)\n\nRepeal the subsection, substitute:\n\n (1) The Minister may make an arrangement with the appropriate Minister of the Crown of a State under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.\n\n253 Subsections 59(1), (1A) and (2)\n\nRepeal the subsections, substitute:\n\n (1) The Chair of the Board must keep the Minister informed of the general conduct of the ACC in the performance of the ACC’s functions. If the Minister requests the Chair to provide to him or her information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, the Chair must comply with the request.\n (1A) Subject to subsection (2), if a Minister of the Crown of a State who is a member of the Inter‑Governmental Committee requests the Chair of the Board to provide him or her with information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board must comply with the request.\n (2) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (1A).\n\n254 Subsection 59(3)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n255 Paragraph 59(3)(a)\n\nOmit “investigation that has been or is being conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n256 Paragraph 59(3)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n257 Paragraph 59(3)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n258 Subsection 59(4)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n259 Subsection 59(4)\n\nOmit “special investigation conducted by the Authority”, substitute “special ACC operation/investigation conducted by the ACC”.\n\n260 Subsection 59(5)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n261 Subsection 59(5)\n\nOmit “Authority” (second occurring), substitute “ACC”.\n\n262 Subsection 59(5)\n\nOmit “Authority” (last occurring), substitute “Chair of the Board”.\n\n263 Subsection 59(5)\n\nOmit “Commonwealth Minister or Minister of the Crown of the State by whom the relevant reference was made”, substitute “Minister”.\n\n264 Subsection 59(6)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n265 Subsection 59(6A)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n266 Paragraph 59(6A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n267 Paragraph 59(6A)(a)\n\nOmit “investigation that has been conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n268 Paragraph 59(6A)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n269 Paragraph 59(6A)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n270 Subsection 59(6B)\n\nAfter “Chair”, insert “of the Board”.\n\n271 Subsection 59(6B)\n\nOmit “Authority”, substitute “Chair”.\n\n272 Subsection 59(6C)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n273 Paragraph 59(6D)(b)\n\nAfter “Chair”, insert “of the Board”.\n\n274 Subsection 59(7)\n\nRepeal the subsection, substitute:\n\n (7) The CEO may give to:\n (a) any law enforcement agency; or\n (b) any foreign law enforcement agency; or\n (c) any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations;\n any information that is in the ACC’s possession and that is relevant to the activities of that agency or body if:\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 law of the Commonwealth, a State or a Territory that would otherwise apply.\n\n275 Subsection 59(8)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n276 Subsection 59(8)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n277 Subsection 59(8)\n\nOmit “Authority”, substitute “ACC”.\n\n278 Subsection 59(9)\n\nOmit “Authority” (first occurring), substitute “ACC”.\n\n279 Subsection 59(9)\n\nOmit “investigations”, substitute “operations or investigations”.\n\n280 Subsection 59(9)\n\nOmit “Authority may, if it”, substitute “CEO may, if he or she”.\n\n281 Paragraph 59(9)(e)\n\nOmit “Authority”, substitute “CEO”.\n\n282 Subsection 59(10)\n\nOmit “made by the Authority”.\n\n283 Subsection 59(11)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n284 Subsection 59(11)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n285 Subsection 59(11)\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n286 Subsection 59(12)\n\nRepeal the subsection.\n\n287 Section 59A\n\nRepeal the section, substitute:\n\n#### 59A Delegation\n\n The CEO may, by writing, delegate to a member of the staff of the ACC who is an SES employee, or an acting SES employee, all or any of the CEO’s powers or functions under this Act.\n\n#### 59B Liability for damages\n\n A member of the Board is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Act.\n\n288 Subsection 60(1)\n\nRepeal the subsection, substitute:\n\n (1) The Board may hold meetings in public for the purpose of informing the public about, or receiving submissions in relation to, the performance of the ACC’s functions.\n\nNote: The heading to section 60 is altered by omitting “sittings” and substituting “meetings”.\n\n289 Subsections 60(2) to (3D)\n\nRepeal the subsections.\n\n290 Subsection 60(4)\n\nRepeal the subsection, substitute:\n\n (4) The Board may publish bulletins for the purpose of informing the public about the performance of the ACC’s functions.\n\n291 Subsection 60(5)\n\nOmit “Authority”, substitute “Board”.\n\n292 Paragraph 60(5)(a)\n\nOmit “sitting”, substitute “meeting”.\n\n293 Subsection 61(1)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n294 Subsection 61(1)\n\nOmit “its operations”, substitute “the ACC’s operations”.\n\n295 Subsection 61(2)\n\nOmit “report by the Authority”, substitute “report by the Chair of the Board”.\n\n296 Paragraph 61(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) a description of any investigation into matters relating to federally relevant criminal activity that the ACC conducted during the year and that the Board determined to be a special investigation;\n\n297 Paragraph 61(2)(b)\n\nOmit “Authority during that year in the course of its investigations”, substitute “ACC during that year in the performance of its functions”.\n\n298 Paragraph 61(2)(c)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n299 Paragraph 61(2)(d)\n\nOmit “Chair”, substitute “CEO”.\n\n300 Paragraph 61(2)(e)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\n301 Paragraph 61(2)(f)\n\nRepeal the paragraph.\n\n302 Subparagraph 61(2)(g)(iii)\n\nOmit “Authority”, substitute “ACC”.\n\n303 Subsection 61(3)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n304 Subsection 61(4)\n\nOmit “Authority” (wherever occurring), substitute “Chair of the Board”.\n\n305 Subsection 61(5)\n\nRepeal the subsection.\n\n306 Paragraph 61(6)(a)\n\nOmit “of the Authority”, substitute “by the Chair of the Board”.\n\n307 Paragraph 61(6)(a)\n\nAfter “her”, insert “from the Inter‑Governmental Committee”.\n\n307A After section 61\n\nInsert:\n\n#### 61A Review of operation of Act\n\n (1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as practicable after 1 January 2006.\n (2) The persons who undertake such a review must give the Minister a written report of the review.\n (3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.\n (4) However, this section does not apply if a committee of one or both Houses of the Parliament has reviewed the operation of this Act, or started such a review, before 1 January 2006.\n\n \n\nPart 2—Transitional provisions\n\n308 Definitions\n\nIn this Part:\n\nACC means the Australian Crime Commission.\n\nACC Act means the Australian Crime Commission Act 2002.\n\ncommencement time means the time when this Part commences.\n\nNCA means the National Crime Authority.\n\nNCA Act means the National Crime Authority Act 1984 as in force before the commencement time.\n\nNCA consultant means a person in respect of whom an engagement was in force under section 48 of the NCA Act immediately before the commencement time.\n\nNCA hearing officer means a person who held an appointment under subsection 25A(1) of the NCA Act immediately before the commencement time.\n\n309 Appointment of first CEO of ACC\n\n(1) The first appointment of the Chief Executive Officer of the ACC under section 37 of the ACC Act may be made in accordance with section 4 of the Acts Interpretation Act 1901.\n\n> Note: Subsection 4(1) of the Acts Interpretation Act 1901 would allow the appointment to occur during the period beginning on the day this Act receives the Royal Assent and ending on 31 December 2002. However, the appointment could not take effect until at least 1 January 2003: see subsection 4(2) of the Acts Interpretation Act 1901.\n\n(2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be satisfied if the Minister invites each of the following persons to make nominations for that appointment:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory.\n\n310 NCA hearing officers\n\n(1) At the commencement time, an NCA hearing officer is taken to be appointed as an examiner under subsection 46B(1) of the ACC Act.\n\n(2) A person who becomes an examiner under this item holds that office:\n\n (a) subject to Subdivision B of Division 3 of Part II of the ACC Act, on the same terms and conditions as applied to his or her appointment as an NCA hearing officer immediately before the commencement time; and\n (b) for the unexpired part of the term of his or her appointment under the NCA Act.\n\n(3) This item does not prevent those terms and conditions being varied after the commencement time.\n\n(4) An appointment of a person as an examiner under this item is taken, for the purposes of subsection 46B(4) of the ACC Act, to be the person’s first appointment.\n\n> Note: Subsection 46B(4) of the ACC Act provides that the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n\n311 NCA consultants\n\n(1) At the commencement time, a person who is an NCA consultant is taken to be engaged as a consultant under section 48 of the ACC Act.\n\n(2) The person is taken to have been engaged on the same terms and conditions that applied in relation to the person immediately before the commencement time.\n\n312 NCA legal practitioners\n\nAn appointment in force under section 50 of the NCA Act immediately before the commencement time is taken, at that time, to be an appointment made under section 50 of the ACC Act.\n\n313 Continuation of references made to the NCA\n\n(1) This item applies to an investigation (the NCA investigation) under subsection 11(2) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the Board of the ACC is taken to have determined, in writing, that the investigation is a special investigation; and\n (c) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the special investigation; and\n (d) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the special investigation.\n\n314 Continuation of duties, functions or powers conferred on the NCA by State laws\n\nIf:\n\n (a) a law of a State conferred on the NCA a duty, function or power of the kind referred to in subsection 55A(2) of the NCA Act in relation to a matter relating to a relevant criminal activity; and\n (b) subsection 55A(3) of the NCA Act was satisfied in relation to that conferral; and\n (c) a law of a State confers on the ACC that duty, function or power in relation to that matter;\n\nthen the Board of the ACC is taken to have consented to the ACC investigating that matter.\n\n315 Continuation of other NCA investigations\n\n(1) This item applies to an investigation (the NCA investigation) in relation to a federally relevant criminal activity under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the investigation of those matters; and\n (c) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the investigation into those matters.\n\n316 Assembling and giving of evidence obtained by the NCA\n\nIf:\n\n (a) before the commencement time, the NCA obtained evidence of a kind referred to in subsection 12(1) or (1A) of the NCA Act; but\n (b) the NCA had not assembled and given the evidence as mentioned in that subsection before the commencement time;\n\nthen, at and after the commencement time, subsection 12(1) of the ACC Act applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.\n\n> Note: Subsection 12(1) of the ACC Act requires the Chief Executive Officer of the ACC to assemble and give the evidence to particular persons or bodies.\n\n317 Limitation on challenges to validity of references\n\nDespite the repeal and substitution of section 16 of the NCA Act made by this Schedule, that section continues to apply in relation to a reference made before the commencement time as if that repeal and substitution had not been made.\n\n318 Arrangements to obtain information or intelligence\n\nAn arrangement in force under section 21 of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under section 21 of the ACC Act.\n\n319 Continuation of secrecy obligations\n\nSection 51 of the NCA Act continues to apply at and after the commencement time to a person who, immediately before the commencement time, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.\n\n320 Continuation of the Parliamentary Joint Committee on the National Crime Authority\n\nThe Parliamentary Joint Committee on the National Crime Authority, as constituted under Part III of the NCA Act immediately before the commencement time, continues in existence after that time under Part III of the ACC Act and is to be known as the Parliamentary Joint Committee on the Australian Crime Commission.\n\n321 Ombudsman to brief Inter‑Governmental Committee about controlled operations\n\nThe first briefing provided by the Ombudsman under section 55AA of the ACC Act must also cover the NCA’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.\n\n322 Arrangements relating to person performing services for the NCA\n\nAn arrangement in force under paragraph 58(1)(b) of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under subsection 58(1) of the ACC Act.\n\n323 Annual report\n\nThe first report on the operations of the ACC under section 61 of the ACC Act must also include, in relation to the year to which the report relates, details of the matters referred to in subsection 61(2) of the NCA Act as in force immediately before the commencement time.\n\n324 Transfer of records and documents etc.\n\nAny evidence (including oral evidence in any form), records, documents, information or other things (including those in electronic form) that were in the possession of the NCA immediately before the commencement time are to be transferred to the ACC.\n\n325 Section 8 of the Acts Interpretation Act 1901\n\nThis Part does not limit the operation of section 8 of the Acts Interpretation Act 1901.\n\n326 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 2—Other amendments\n\nPart 1—Amendments\n\nArchives Act 1983\n\n1 Paragraph 33(1A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nAustralian Security Intelligence Organisation Act 1979\n\n2 Paragraph 18(3)(a)\n\nOmit “a member, or a member of the staff, of the National Crime Authority”, substitute “the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC”.\n\n3 Subparagraph 18(3)(b)(vi)\n\nRepeal the subparagraph, substitute:\n\n (vi) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC.\n\n4 At the end of section 18\n\nAdd:\n\n (6) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\nCrimes Act 1914\n\n5 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n6 Subsection 3(1)\n\nInsert:\n\n> ACC authorising officer has the meaning given in subsection 15J(4).\n\n7 Subsection 3(1) (paragraph (b) of the definition of appropriate authorising officer)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n8 Subsection 3(1) (paragraph (c) of the definition of law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC;\n\n9 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n10 Subsection 3(1) (definition of NCA authorising officer)\n\nRepeal the definition.\n\n11 Subparagraph 15G(1)(b)(i)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n12 Paragraph 15J(2)(c)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n13 Paragraph 15J(2)(c)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n14 Subsection 15J(4)\n\nRepeal the subsection, substitute:\n\n (4) The following are ACC authorising officers:\n (a) the Chief Executive Officer of the ACC;\n (b) a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.\n\n15 Paragraph 15N(2A)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n16 Subsection 15OA(2)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n17 Subsection 15OA(4)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n18 Paragraph 15OA(5)(b)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n19 Paragraph 15Q(1)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n20 Subsection 15R(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n21 Paragraph 15R(2)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n22 Subsection 15T(4)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n23 Subsection 15U(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n24 Paragraph 15UA(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n25 Subsection 15UA(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n26 Paragraph 15UB(1)(a)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n27 Paragraph 15UB(1)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n28 Subsection 15XA(1) (paragraph (c) of the definition of Commonwealth participating agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n29 Section 85ZL (paragraph (c) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n30 Section 85ZL (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\nCriminal Code Act 1995\n\n31 Section 146.1 (paragraph (b) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002; or\n (ba) an examiner (within the meaning of that Act); or\n\n32 Section 146.1 (paragraph (c) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC (within the meaning of that Act); or\n\nCustoms Act 1901\n\n33 Subsection 219A(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n34 Subsection 219A(1) (paragraph (a) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC; and\n\n35 Subsection 219A(1) (definition of Commonwealth law enforcement agency)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n36 Subsection 219A(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n37 Subsection 219A(1) (paragraph (a) of the definition of official)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC; and\n\n38 Paragraph 219B(4A)(a)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of a police force who is a member of the staff of the ACC; and\n\nCustoms Administration Act 1985\n\n39 Subsection 16(1A) (paragraph (b) of the definition of Commonwealth agency)\n\nOmit “and”.\n\n40 Subsection 16(1A) (paragraph (c) of the definition of Commonwealth agency)\n\nRepeal the paragraph.\n\nFinancial Transaction Reports Act 1988\n\n41 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n42 Subsection 3(1) (definition of acting member of the NCA)\n\nRepeal the definition.\n\n43 Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n44 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n45 Subsection 3(1)\n\nInsert:\n\n> examiner has the same meaning as in the Australian Crime Commission Act 2002.\n\n46 Subsection 3(1) (definition of Inter‑Governmental Committee)\n\nOmit “NCA Act”, substitute “Australian Crime Commission Act 2002”.\n\n47 Subsection 3(1) (definition of member of the NCA)\n\nRepeal the definition.\n\n48 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n49 Subsection 3(1) (definition of member of the staff of the NCA)\n\nRepeal the definition.\n\n50 Subsection 3(1) (definition of NCA)\n\nRepeal the definition.\n\n51 Subsection 3(1) (definition of NCA Act)\n\nRepeal the definition.\n\n52 Subsection 16(6) (definition of investigating officer)\n\nOmit “a member, or member of staff, of the NCA”, substitute “an examiner or a member of the staff of the ACC”.\n\n53 Subsection 16(6) (paragraph (b) of the definition of relevant authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC; or\n\n54 Paragraph 26(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) where the officer is an examiner or a member of the staff of the ACC—the Chief Executive Officer of the ACC; or\n\n55 Subsection 27(1A)\n\nOmit “the Australian Bureau of Criminal Intelligence and”.\n\n56 Subsection 27(1A)\n\nOmit “the Bureau or the Commission (as the case requires)”, substitute “the Commission”.\n\n57 Subsection 27(5)\n\nOmit “NCA obtains FTR information”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information”.\n\n58 Before paragraph 27(5)(a)\n\nInsert:\n\n (aaa) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and\n\n59 Paragraph 27(5)(a)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n60 Paragraph 27(5)(a)\n\nOmit “NCA under subsection 59(4) of the NCA Act”, substitute “Chair under subsection 59(4) of the Australian Crime Commission Act 2002”.\n\n61 Paragraph 27(5)(aa)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n62 Paragraph 27(5)(aa)\n\nOmit “National Crime Authority under subsection 59(6A) of the NCA Act”, substitute “Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002”.\n\n63 After paragraph 27(5)(aa)\n\nInsert:\n\n (ab) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002; and\n\n64 Paragraph 27(5)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner may divulge the information in the course of such an examination before the examiner; and\n\n65 Paragraph 27(5)(c)\n\nOmit “the NCA may”, substitute “an examiner or a member of the staff of the ACC may”.\n\n66 Paragraph 27(5)(d)\n\nOmit “paragraphs (a), (aa), (b) and (c), the NCA”, substitute “paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC”.\n\n67 Subparagraph 27(6)(a)(i)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC”.\n\n68 Subparagraph 27(6)(a)(i)\n\nOmit “its functions”, substitute “the ACC’s functions”.\n\n69 Subsection 27(9)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC”.\n\n70 Subsection 27(10)\n\nOmit “the NCA”, substitute “an examiner”.\n\n71 Paragraph 27(14)(a)\n\nOmit “NCA”, substitute “ACC”.\n\n72 Paragraph 27(15)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the Chief Executive Officer of the ACC;\n\n73 Paragraph 27(15)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner or a member of the staff of the ACC;\n\n74 Paragraphs 27(15)(c) and (d)\n\nRepeal the paragraphs.\n\n75 Paragraph 27(16)(g)\n\nRepeal the paragraph.\n\n76 Paragraph 27(17)(s)\n\nRepeal the paragraph.\n\nHuman Rights and Equal Opportunity Commission Act 1986\n\n77 Paragraph 24(2)(b)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nNational Crime Authority Legislation Amendment Act 2001\n\n78 Subsection 4(1)\n\nAfter “(the NCA Act)”, insert “and the Australian Crime Commission Act 2002 (the ACC Act)”.\n\n79 Paragraph 4(4)(a)\n\nAfter “Authority”, insert “and the Australian Crime Commission”.\n\n80 Subsection 4(5)\n\nAfter “NCA Act”, insert “and the ACC Act”.\n\n81 After subsection 4(7)\n\nInsert:\n\n (7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.\n\n82 Subsection 4(8)\n\nOmit “that Act” (wherever occurring), substitute “the NCA Act”.\n\n83 After subsection 4(8)\n\nInsert:\n\n (8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:\n (a) divulging or communicating information to the responsible person;\n (b) recording information;\n (c) providing a record of information to the responsible person.\n\nOmbudsman Act 1976\n\n84 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002.\n\n85 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n86 Subsection 3(1) (definition of law enforcement agency)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n87 Subsection 3(1) (definition of National Crime Authority)\n\nRepeal the definition.\n\n88 Subsection 3(13A)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n89 Paragraph 5(2)(b)\n\nOmit “other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority”.\n\n90 Subparagraph 6A(1)(a)(i)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nNote: The heading to section 6A is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n91 Subsection 8B(1)\n\nOmit “National Crime Authority, or a member of the staff of the Authority,”, substitute “ACC, or a member of the staff of the ACC,”.\n\nNote: The heading to section 8B is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n92 Subsection 8B(8)\n\nRepeal the subsection, substitute:\n\n (8) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n93 Paragraph 9(3)(e)\n\nOmit “National Crime Authority”, substitute “ACC or the Board of the ACC”.\n\n94 Subsection 35B(1)\n\nOmit “disclosure of certain NCA information”, substitute “disclosure of certain ACC information”.\n\nNote: The heading to section 35B is altered by omitting “NCA” and substituting “ACC”.\n\n95 Paragraph 35B(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the proper performance of the functions of the ACC; or\n\n96 Subsection 35B(1)\n\nOmit “disclose the NCA information”, substitute “disclose the ACC information”.\n\n97 Subsection 35B(2)\n\nInsert:\n\n> ACC information means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.\n\n98 Subsection 35B(2) (definition of NCA information)\n\nRepeal the definition.\n\nPrivacy Act 1988\n\n99 Subsection 6(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n100 Subsection 6(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n101 Subsection 6(1) (paragraph (b) of the definition of enforcement body)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC; or\n\n102 Subparagraph 7(1)(a)(iv)\n\nRepeal the subparagraph, substitute:\n\n (iv) the ACC; or\n\n103 Paragraph 7(1)(h)\n\nRepeal the paragraph, substitute:\n\n (h) the ACC or the Board of the ACC.\n\n104 Paragraph 7(2)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC or the Board of the ACC.\n\n105 Subsection 18K(5) (note)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n106 Paragraph 70(2)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nProceeds of Crime Act 1987\n\n107 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n108 Subsection 4(1) (definition of law enforcement authority)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n109 Paragraph 39(2)(b)\n\nOmit “a special investigation being conducted by the National Crime Authority”, substitute “a special ACC operation/investigation”.\n\n110 Subsection 39(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n111 Subsection 39(3)\n\nRepeal the subsection, substitute:\n\n (3) In this section:\n\n> special ACC operation/investigation has the same meaning as in the Australian Crime Commission Act 2002.\n\n112 Subsection 40(10) (paragraph (b) of the definition of responsible custodian)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n113 At the end of paragraph 74(1)(a)\n\nAdd “or”.\n\n114 Paragraph 74(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or\n\n115 Subparagraph 74(2)(a)(i)\n\nOmit “or a member, or member of staff, of the National Crime Authority”, substitute “or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)”.\n\nProceeds of Crime Act 2002\n\n116 Paragraph 213(3)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the Australian Crime Commission; or\n (e) an examiner (within the meaning of the Australian Crime Commission Act 2002).\n\n117 Section 338 (paragraph (b) of the definition of authorised officer)\n\nRepeal the paragraph, substitute:\n\n (b) any of the following:\n (i) the Chief Executive Officer of the Australian Crime Commission;\n (ii) an examiner (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission;\n (iii) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or\n\nRadiocommunications Act 1992\n\n118 Paragraph 27(1)(bc)\n\nRepeal the paragraph, substitute:\n\n (bc) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002; or\n\nRetirement Savings Accounts Act 1997\n\n119 Subparagraph 114(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nRoyal Commissions Act 1902\n\n120 Section 1B (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n121 Paragraph 6P(1)(da)\n\nRepeal the paragraph.\n\n122 Subsection 6P(2A)\n\nOmit “an investigation being conducted by the National Crime Authority”, substitute “the performance of the functions of the Australian Crime Commission”.\n\n123 Subsection 6P(2A)\n\nOmit “to the National Crime Authority”, substitute “to the Chief Executive Officer of the Australian Crime Commission”.\n\nSuperannuation Industry (Supervision) Act 1993\n\n124 Subparagraph 284(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nTaxation Administration Act 1953\n\n125 Subsection 2(1) (paragraph (d) of the definition of head)\n\nRepeal the paragraph, substitute:\n\n (d) in the case of the Australian Crime Commission—the Chief Executive Officer of the Commission;\n\n126 Subsection 2(1) (paragraph (daa) of the definition of head)\n\nRepeal the paragraph.\n\n127 Subsection 2(1) (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (d) the Australian Crime Commission;\n\n128 Subsection 2(1) (paragraph (daa) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\n129 Subsection 3D(1)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\nNote: The heading to section 3D is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n130 Subsection 3D(2)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n131 Subsection 3D(3)\n\nRepeal the subsection.\n\n132 Subsection 3D(4)\n\nOmit “the Authority is conducting a special investigation and”, substitute “a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC”.\n\n133 Subsection 3D(4)\n\nOmit “investigation, a member or acting member”, substitute “operation or investigation, the Chief Executive Officer of the ACC”.\n\n134 Paragraph 3D(5)(a)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n135 Subsection 3D(6)\n\nOmit “A member or acting member”, substitute “The Chief Executive Officer of the ACC”.\n\n136 Paragraph 3D(7)(a)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n137 Paragraph 3D(7)(b)\n\nOmit “Authority from”, substitute “Chief Executive Officer of the ACC from”.\n\n138 Paragraph 3D(7)(b)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n139 Paragraph 3D(7)(b)\n\nOmit “a member or acting member”, substitute “the Chief Executive Officer of the ACC”.\n\n140 Paragraph 3D(7)(b)\n\nOmit “Commissioner or to the Authority”, substitute “Commissioner or to the Chief Executive Officer of the ACC”.\n\n141 Paragraph 3D(8)(b)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n142 Subparagraph 3D(8)(c)(i)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n143 Subparagraph 3D(8)(c)(ii)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n144 Subsection 3D(9)\n\nOmit “a special investigation is readily obtainable by the Authority”, substitute “an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC”.\n\n145 Subsection 3D(9)\n\nOmit “the investigation that may result if the Authority”, substitute “the operation or investigation that may result if the Chief Executive Officer of the ACC”.\n\n146 Paragraph 3D(10)(b)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n147 Subsection 3D(11)\n\nAfter “Subject to subsections (12) and (13), where”, insert “information is communicated to the Chief Executive Officer of the ACC under”.\n\n148 Paragraphs 3D(11)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) subsection (1) or (2); or\n (b) an order made under subsection (7);\n\n149 Before paragraph 3D(11)(c)\n\nInsert:\n\n (ba) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC;\n\n150 Paragraph 3D(11)(c)\n\nOmit “Authority may”, substitute “Chair of the Board of the ACC may”.\n\n151 Paragraph 3D(11)(c)\n\nOmit “Authority under subsection 59(4) of the relevant Act”, substitute “Chair under subsection 59(4) of the ACC Act”.\n\n152 After paragraph 3D(11)(c)\n\nInsert:\n\n (ca) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the ACC Act;\n\n153 Paragraph 3D(11)(d)\n\nRepeal the paragraph, substitute:\n\n (d) an examiner may divulge the information in the course of such an examination before the examiner;\n\n154 Paragraph 3D(11)(e)\n\nOmit “Authority may”, substitute “Chief Executive Officer of the ACC may”.\n\n155 Paragraph 3D(11)(e)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n156 Paragraph 3D(11)(f)\n\nRepeal the paragraph, substitute:\n\n (f) subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with:\n (i) in a case where paragraph (a) applies—a tax‑related investigation; or\n (ii) in a case where paragraph (b) applies—a special ACC operation/investigation;\n\n157 Paragraph 3D(11)(g)\n\nOmit “a member or acting member shall”, substitute “the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must”.\n\n158 Paragraph 3D(11)(j)\n\nOmit “a person of a kind referred to in subparagraph (f)(i), (ii) or (iii)”, substitute “a member of the staff of the ACC”.\n\n159 Subparagraph 3D(11)(j)(i)\n\nOmit “such person, or to the Authority,”, substitute “member of the staff of the ACC, or to an examiner,”.\n\n160 Sub‑subparagraph 3D(11)(j)(i)(A)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n161 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n162 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n163 Sub‑subparagraph 3D(11)(j)(i)(C)\n\nRepeal the sub‑subparagraph.\n\n164 Subsection 3D(13)\n\nOmit “the Authority”, substitute “an examiner”.\n\n165 Subsection 3D(16)\n\nRepeal the subsection, substitute:\n\n (16) If information is communicated to the Chief Executive Officer of the ACC under subsection (1) or (2) or under an order made under subsection (7), then nothing in subsection (11), (14), (15) or (17) prohibits:\n (a) the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or\n (b) if the information is admissible in a prosecution of a person for a taxation offence—the communication of the information to a court in the course of proceedings before that court against the last‑mentioned person for that offence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (16), see subsection 13.3(3) of the Criminal Code.\n\n166 Subsection 3D(17)\n\nOmit “paragraph (16)(c)”, substitute “paragraph (16)(a)”.\n\n167 Subsection 3D(18)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n168 Subsection 3D(18)\n\nOmit “Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority”, substitute “Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC”.\n\n169 Subsection 3D(20)\n\nRepeal the subsection.\n\n170 Subsection 3D(22)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n171 Subsection 3D(22)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n172 Subsection 3D(22)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n173 Subsection 3D(22) (definition of acting member)\n\nRepeal the definition.\n\n174 Subsection 3D(22) (definition of Authority)\n\nRepeal the definition.\n\n175 Subsection 3D(22)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n176 Subsection 3D(22)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n177 Subsection 3D(22) (definition of Inter‑Governmental Committee)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n178 Subsection 3D(22) (definition of member)\n\nRepeal the definition.\n\n179 Subsection 3D(22)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n180 Subsection 3D(22) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n181 Subsection 3D(22) (definition of prescribed information)\n\nRepeal the definition.\n\n182 Subsection 3D(22) (definition of prescribed investigation)\n\nRepeal the definition.\n\n183 Subsection 3D(22) (definition of relevant Act)\n\nRepeal the definition.\n\n184 Subsection 3D(22)\n\nInsert:\n\n> special ACC operation/investigation has the same meaning as in the ACC Act.\n\n185 Subsection 3D(22) (definition of special investigation)\n\nRepeal the definition.\n\n186 Subsection 3D(22) (definition of taxation secrecy provision)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n187 Subsection 3D(22) (definition of tax‑related investigation)\n\nOmit “a prescribed investigation”, substitute “an ACC operation/investigation”.\n\nTelecommunications Act 1997\n\n188 Section 7 (paragraph (c) of the definition of agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\n189 Subsection 282(10) (paragraph (c) of the definition of criminal law‑enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\nTelecommunications (Interception) Act 1979\n\n190 Subsection 5(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n191 Subsection 5(1)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n192 Subsection 5(1)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n193 Subsection 5(1) (definition of Authority)\n\nRepeal the definition.\n\n194 Subsection 5(1) (definition of Authority Act)\n\nRepeal the definition.\n\n195 Subsection 5(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n196 Subsection 5(1) (paragraph (b) of the definition of certifying officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or\n\n197 Subsection 5(1) (paragraph (b) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC; or\n\n198 Subsection 5(1) (definition of class 1 offence)\n\nOmit “Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act”, substitute “ACC, includes an offence in relation to which the ACC is conducting a special investigation”.\n\n199 Subsection 5(1) (paragraph (b) of the definition of Commonwealth agency)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC.\n\n200 Subsection 5(1)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n201 Subsection 5(1)\n\nInsert:\n\n> federally relevant criminal activity has the same meaning as in the ACC Act.\n\n202 Subsection 5(1) (definition of member of the Authority)\n\nRepeal the definition.\n\n203 Subsection 5(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n204 Subsection 5(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n205 Subsection 5(1) (paragraph (b) of the definition of officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or\n\n206 Subsection 5(1) (subparagraph (a)(v) of the definition of permitted purpose)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n207 Subsection 5(1) (after paragraph (a) of the definition of permitted purpose)\n\nInsert:\n\n (aa) in the case of the ACC:\n (i) an ACC operation/investigation; or\n (ii) a report to the Board of the ACC on the outcome of such an operation or investigation;\n\n208 Subsection 5(1) (paragraph (a) of the definition of prescribed investigation)\n\nRepeal the paragraph, substitute:\n\n (a) in the case of the ACC—means an ACC operation/investigation; or\n\n209 Subsection 5(1) (paragraph (b) of the definition of relevant offence)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Subsection 5(1)\n\nInsert:\n\n> special investigation means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.\n\n211 Subparagraph 6A(1)(c)(i)\n\nOmit “Authority”, substitute “ACC”.\n\n212 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n213 Paragraph 35(1)(a)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n214 Paragraph 39(2)(b)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of a police force who is a member of the staff of the ACC; or\n\n215 Paragraph 71(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the ACC.\n\n216 Subsection 80(2)\n\nOmit “Chair of the Authority shall cause to be kept in the Authority’s records”, substitute “Chief Executive Officer of the ACC must cause to be kept in the ACC’s records”.\n\n217 Paragraph 80(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n218 Paragraph 80(2)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n219 Paragraph 80(2)(e)\n\nOmit “Chair”, substitute “Chief Executive Officer”.\n\n220 Subsection 81(2)\n\nOmit “Chair of the Authority shall”, substitute “Chief Executive Officer of the ACC must”.\n\n221 Paragraphs 81(2)(a), (b) and (ba)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 81(2)(c)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n223 Paragraphs 81(2)(d) and (e)\n\nOmit “Authority”, substitute “ACC”.\n\n224 Paragraph 81(2)(f)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\nWitness Protection Act 1994\n\n225 Section 3 (paragraph (b) of the definition of approved authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the Australian Crime Commission; or\n\n \n\nPart 2—Transitional provisions\n\n226 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 3—Contingent amendments\n\nNote: The operation of the amendments in this Schedule depends on when the Proceeds of Crime Act 2002 commences.\n\nPart 1—Amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n1 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n2 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n3 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n4 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n5 Subsection 12(1B)\n\nOmit “Where, in carrying out or co‑ordinating an investigation in relation to a relevant criminal activity, the Authority obtains evidence that would be admissible in confiscation proceedings, it may”, substitute “Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n6 Paragraph 61(2)(ea)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n \n\nPart 2—Alternative amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n7 Subsection 4(1)\n\nInsert:\n\n> confiscation proceeding means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002, or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n8 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n9 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n10 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n11 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n12 After subsection 12(1)\n\nInsert:\n\n (1A) Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:\n (a) the Attorney‑General of the Commonwealth or the State, 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) who is authorised to commence the confiscation proceedings.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n13 Subsection 30(5)\n\nOmit all the words from and including “other than a proceeding”, substitute:\n\n other than:\n (c) confiscation proceedings; or\n (d) a proceeding in respect of:\n (i) in the case of an answer—the falsity of the answer; or\n (ii) in the case of the production of a document—the falsity of any statement contained in the document.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n14 After paragraph 61(2)(e)\n\nInsert:\n\n (ea) the extent to which investigations by the ACC have resulted in confiscation proceedings;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nProceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002\n\n15 Heading before item 33 of Schedule 6\n\nRepeal the heading.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n16 Items 33 to 39 of Schedule 6\n\nRepeal the items.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nTelecommunications (Interception) Act 1979\n\n17 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n(215/02)\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 26 September 2002\n\nSenate on 15 November 2002\\]","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of the Australian Crime Commission","content":"#### 7 Establishment of the Australian Crime Commission\n\n (1) The Australian Crime Commission is established by this section.\n (2) The ACC consists of:\n (a) the CEO; and\n (b) the examiners; and\n (c) the members of the staff of the ACC.","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Functions of the ACC","content":"#### 7A Functions of the ACC\n\n The ACC has the following functions:\n (a) to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence;\n (b) to undertake, when authorised by the Board, intelligence operations;\n (c) to investigate, when authorised by the Board, matters relating to federally relevant criminal activity;\n (d) to provide reports to the Board on the outcomes of those operations or investigations;\n (e) to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board;\n (f) to provide advice to the Board on national criminal intelligence priorities;\n (g) such other functions as are conferred on the ACC by other provisions of this Act or by any other Act.","sortOrder":7},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"The Board of the ACC","content":"An Act to establish the Australian Crime Commission, and for other purposes\n\n\\[Assented to 10 December 2002\\]\n\nThe Parliament of Australia enacts:\n\n#### 1 Short title\n\n This Act may be cited as the Australian Crime Commission Establishment Act 2002.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

10 December 2002

2. Schedule 1

1 January 2003

1 January 2003

3. Schedule 2, items 1 to 115

1 January 2003

1 January 2003

4. Schedule 2, items 116 and 117

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of section 213 of the Proceeds of Crime Act 2002

1 January 2003

5. Schedule 2, item 118

The later of:

(a) the start of the day on which Schedule 1 to this Act commences; and

(b) immediately after the commencement of Schedule 3 to the Communications Legislation Amendment Act (No. 1) 2003

6. Schedule 2, items 119 to 226

1 January 2003

1 January 2003

7. Schedule 3, items 1 to 6

Immediately after the commencement of Schedule 1 to this Act, subject to subsection (3)

Does not commence at all

8. Schedule 3, items 7 to 14

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

9. Schedule 3, items 15 and 16

Immediately before the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

10. Schedule 3, item 17

Immediately after the commencement of section 3 of the Proceeds of Crime Act 2002, subject to subsection (4)

1 January 2003

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n (3) If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, the provisions covered by item 7 of the table do not commence at all.\n (4) If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, the provisions covered by items 8, 9 and 10 of the table do not commence at all.\n\n#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n \n\nSchedule 1—Amendment of the National Crime Authority Act 1984\n\nPart 1—Amendments\n\n1 Title\n\nOmit “a National Crime Authority”, substitute “the Australian Crime Commission, and for related purposes”.\n\n2 Section 1\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n3 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established by section 7.\n\n4 Subsection 4(1)\n\nInsert:\n\n> ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting.\n\n5 Subsection 4(1) (definition of Authority)\n\nRepeal the definition.\n\n6 Subsection 4(1)\n\nInsert:\n\n> Board means the Board of the ACC.\n\n7 Subsection 4(1)\n\nInsert:\n\n> CEO means the Chief Executive Officer of the ACC.\n\n8 Subsection 4(1) (definition of Chair)\n\nRepeal the definition.\n\n9 Subsection 4(1)\n\nInsert:\n\n> eligible Commonwealth Board member means the following members of the Board:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.\n\n10 Subsection 4(1) (paragraph (a) of the definition of eligible person)\n\nRepeal the paragraph, substitute:\n\n (a) an examiner; or\n\n11 Subsection 4(1) (paragraph (b) of the definition of eligible person)\n\nOmit “Authority”, substitute “ACC”.\n\n12 Subsection 4(1)\n\nInsert:\n\n> examiner means a person appointed under subsection 46B(1).\n\n13 Subsection 4(1) (paragraphs (a) and (b) of the definition of federally relevant criminal activity)\n\nOmit “relevant offence”, substitute “serious and organised crime”.\n\n14 Subsection 4(1) (definition of hearing officer)\n\nRepeal the definition.\n\n15 Subsection 4(1)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity.\n\n16 Subsection 4(1) (definition of Judge)\n\nRepeal the definition.\n\n17 Subsection 4(1) (definition of member)\n\nRepeal the definition.\n\n18 Subsection 4(1)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a member of the staff referred to in subsection 47(1); or\n (b) a person participating in an ACC operation/investigation; or\n (c) a member of a task force established by the Board under paragraph 7C(1)(f); or\n (d) a person engaged under subsection 48(1); or\n (e) a person referred to in section 49 whose services are made available to the ACC; or\n (f) a legal practitioner appointed under section 50 to assist the ACC as counsel.\n\n19 Subsection 4(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n20 Subsection 4(1) (definition of original reference)\n\nRepeal the definition.\n\n21 Subsection 4(1) (definition of prescribed investigation)\n\nRepeal the definition.\n\n22 Subsection 4(1) (definition of related reference)\n\nRepeal the definition.\n\n23 Subsection 4(1) (definition of relevant criminal activity)\n\nOmit “a relevant offence”, substitute “a serious and organised crime”.\n\n24 Subsection 4(1) (definition of relevant offence)\n\nRepeal the definition.\n\n25 Subsection 4(1)\n\nInsert:\n\n> serious and organised crime means an offence:\n\n (a) that involves 2 or more offenders and substantial planning and organisation; and\n (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and\n (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and\n (d) that is of a kind prescribed by the regulations or 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 (ix) extortion;\n (x) violence;\n (xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;\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 Australia;\n (xix) cybercrime;\n (xx) matters of the same general nature as one or more of the matters listed above;\n but:\n (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and\n (f) does not include an offence the time for the commencement of a prosecution for which has expired; and\n (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years.\n\n> Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances).\n\n26 Subsection 4(1)\n\nInsert:\n\n> special ACC operation/investigation means:\n\n (a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation.\n\n27 Subsection 4(1) (definition of special investigation)\n\nRepeal the definition.\n\n28 Subsection 4(1) (definition of Task Force)\n\nRepeal the definition.\n\n29 Subsection 4(2)\n\nRepeal the subsection, substitute:\n\n (2) If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime.\n\n30 Paragraph 4A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) either:\n (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or\n (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory.\n\n31 Paragraph 4A(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) both:\n (i) the ACC is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or\n (e) both:\n (i) the ACC is undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory; and\n (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that operation is, or would be, incidental to the operation mentioned in subparagraph (i).\n\n32 Subsection 4A(6)\n\nInsert:\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n33 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part II—The Australian Crime Commission (the ACC)\n\n34 Division 1 of Part II (heading)\n\nRepeal the heading, substitute:\n\n### Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee\n\n35 Section 7\n\nRepeal the section, substitute:\n\n#### Subdivision A—The Australian Crime Commission\n\n#### 7 Establishment of the Australian Crime Commission\n\n (1) The Australian Crime Commission is established by this section.\n (2) The ACC consists of:\n (a) the CEO; and\n (b) the examiners; and\n (c) the members of the staff of the ACC.\n\n#### 7A Functions of the ACC\n\n The ACC has the following functions:\n (a) to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence;\n (b) to undertake, when authorised by the Board, intelligence operations;\n (c) to investigate, when authorised by the Board, matters relating to federally relevant criminal activity;\n (d) to provide reports to the Board on the outcomes of those operations or investigations;\n (e) to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board;\n (f) to provide advice to the Board on national criminal intelligence priorities;\n (g) such other functions as are conferred on the ACC by other provisions of this Act or by any other Act.\n\n#### Subdivision B—The Board of the ACC\n\n#### 7B Establishment of the Board\n\n (1) The Board of the ACC is established by this section.\n Board members\n (2) The Board consists of the following members:\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory;\n (h) the CEO.\n Chair\n (3) The Commissioner of the Australian Federal Police is the Chair of the Board.\n\n#### 7C Functions of the Board\n\n (1) The Board has the following functions:\n (a) to determine national criminal intelligence priorities;\n (b) to provide strategic direction to the ACC and to determine the priorities of the ACC;\n (c) to authorise, in writing, the ACC to undertake intelligence operations or to investigate matters relating to federally relevant criminal activity;\n (d) to determine, in writing, whether such an operation is a special operation or whether such an investigation is a special investigation;\n (e) to determine, in writing, the class or classes of persons to participate in such an operation or investigation;\n (f) to establish task forces;\n (g) to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC;\n (h) to report to the Inter‑Governmental Committee on the ACC’s performance;\n (i) such other functions as are conferred on the Board by other provisions of this Act.\n\n> Note: The CEO must determine, in writing, the head of an intelligence operation or an investigation into matters relating to federally relevant criminal activity: see subsection 46A(2A).\n\n Special operations\n (2) The Board may determine, in writing, that an intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special operation.\n\n Special investigations\n (3) The Board may determine, in writing, that an investigation into matters relating to federally relevant criminal activity is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special investigation.\n\n Further details\n (4) A determination under subsection (2) or (3) must:\n (a) describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity; and\n (b) state that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the Commonwealth, a law of a Territory or a law of a State but need not specify the particular offence or offences; and\n (c) set out the purpose of the operation or investigation.\n Informing the Inter‑Governmental Committee\n (5) The Chair of the Board must, within the period of 3 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee.\n When determination takes effect\n (6) A determination under subsection (2) or (3) has effect immediately after it is made.\n\n#### 7D Board meetings\n\n (1) The Chair of the Board may convene meetings of the Board.\n (2) The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the following requirements:\n (a) the first meeting of the Board must be within 2 months after the commencement of this section;\n (b) there must be a minimum of 2 meetings each calendar year;\n (c) the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section.\n (3) The Board, at its first meeting, must determine, in writing, a schedule of Board meetings.\n\n#### 7E Presiding at Board meetings\n\n A 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 who is present and who is nominated, in writing, by the Chair to preside.\n\n#### 7F Quorum at Board meetings\n\n At a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO).\n\n#### 7G Voting at Board meetings\n\n (1) Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present.\n Person presiding has a casting vote\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n CEO is not a voting member\n (3) The CEO is not entitled to vote on any question arising at a meeting of the Board.\n Voting for special ACC operations/investigations\n (4) The Board cannot determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination.\n\n#### 7H Conduct of Board meetings\n\n (1) The Board may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (e.g. telephone).\n\n (2) The Board must ensure that minutes of its meetings are kept.\n\n#### 7J Resolutions outside of Board meetings\n\n (1) This section applies to a resolution:\n (a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or\n (ii) if the resolution is that the Board determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members);\n indicate by telephone or other mode of communication to the Chair 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 meeting of the Board duly convened and held.\n\n#### 7K Board committees\n\n (1) The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board.\n (2) The Board may dissolve a committee at any time.\n Functions\n (3) The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO).\n (4) However, the Board cannot determine that a committee has the function of determining whether an intelligence operation is a special operation or whether an investigation into matters relating to federally relevant criminal activity is a special investigation.\n (5) In performing its functions, a committee must comply with any directions given to the committee by the Board.\n Voting\n (6) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.\n (7) However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member.\n Informing other Board members of decisions\n (8) A committee must inform the other members of the Board of its decisions.\n Conduct of committee meetings\n (9) A committee may regulate proceedings at its meetings as it considers appropriate.\n (10) A committee must ensure that minutes of its meetings are kept.\n\n36 Before section 8\n\nInsert:\n\n#### Subdivision C—The Inter‑Governmental Committee\n\n36A At the end of subsection 8(5)\n\nAdd “There must be a minimum of 2 meetings each calendar year.”.\n\n36B Subsection 8(7)\n\nRepeal the subsection, substitute:\n\n (7) A resolution:\n (a) which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or\n (ii) if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;\n is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.\n\n37 Subsection 8(9)\n\nOmit “The Chair and the other members of the Authority”, substitute “Any member of the Board”.\n\n38 Section 9\n\nRepeal the section, substitute:\n\n#### 9 Functions of Committee\n\n (1) The Committee has the following functions:\n (a) to monitor generally the work of the ACC and the Board;\n (b) to oversee the strategic direction of the ACC and the Board;\n (c) to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;\n (d) such other functions as are conferred on the Committee by other provisions of this Act.\n Request for more information about special determination\n (2) Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.\n (3) Subject to subsection (4), the Chair of the Board must comply with the request.\n (4) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information.\n (5) If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister.\n (6) If the Committee refers the request to the Minister, the Minister:\n (a) must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and\n (b) must provide copies of that determination to the Chair of the Board and the Committee; and\n (c) must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.\n Revoking the special determination\n (7) Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.\n (8) The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.\n\n> Note: One of the effects of the revocation is that the coercive powers in Division 2 of Part II are no longer able to be exercised in relation to the ACC operation/investigation concerned.\n\n (9) To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified.\n Committee under no duty to consider whether to exercise powers\n (10) The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.\n\n39 Section 10\n\nRepeal the section.\n\n40 Section 11\n\nRepeal the section.\n\n41 Before section 12\n\nInsert:\n\n### Division 1A—Performance of functions and exercise of powers\n\n42 Subsection 12(1)\n\nOmit “Where, in carrying out an investigation in relation to a federally relevant criminal activity under paragraph 11(1)(b) or subsection 11(2), the Authority”, substitute “Where the ACC, in carrying out an ACC operation/investigation,”.\n\n43 Subsection 12(1)\n\nOmit “the Authority must”, substitute “the CEO must”.\n\n44 At the end of subsection 12(1)\n\nAdd:\n\n> Note: The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see section 59.\n\n45 Subsection 12(1A)\n\nRepeal the subsection.\n\n46 Subsection 12(2)\n\nRepeal the subsection.\n\n47 Subsection 12(3)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n48 Subsection 12(3)\n\nOmit “Authority may”, substitute “Board may”.\n\n49 Subsection 12(6)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n50 Section 13\n\nRepeal the section.\n\n51 Section 14\n\nRepeal the section.\n\n52 Paragraph 15(a)\n\nOmit “a member or members”, substitute “an examiner or examiners”.\n\nNote: The heading to section 15 is altered by omitting “Members” and substituting “Examiners”.\n\n53 Paragraph 15(b)\n\nOmit “member or members”, substitute “examiner or examiners”.\n\n54 Paragraph 15(b)\n\nOmit “Authority”, substitute “ACC”.\n\n55 Section 15\n\nOmit “member or members referred to” (first occurring), substitute “examiner or examiners referred to”.\n\n56 Section 15\n\nOmit “Authority of its functions or powers under this Act, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members”, substitute “ACC of its functions or powers under this Act, and the members of the staff of the ACC may be made available by the CEO in assisting the examiner or examiners”.\n\n57 Section 16\n\nRepeal the section, substitute:\n\n#### 16 Limitation on challenge to Board determination\n\n If:\n (a) an intelligence operation is determined by the Board to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity is determined by the Board to be a special investigation;\n then, except in a proceeding instituted by the Attorney‑General of the Commonwealth or the Attorney‑General of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court on the ground that the determination was not lawfully made.\n\n58 Section 17\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n59 Subsection 18(1)\n\nOmit “Subject to subsections (2) and (3), the”, substitute “The”.\n\nNote: The heading to section 18 is altered by omitting “Authority” and substituting “Board”.\n\n60 Subsection 18(1)\n\nOmit “Authority” (wherever occurring), substitute “Board”.\n\n61 Subsections 18(2) and (3)\n\nRepeal the subsections, substitute:\n\n (2) However, the Minister must not, without the approval of a resolution passed at a meeting of the Inter‑Governmental Committee, being a resolution as to which all the members of the Committee present at the meeting have voted in favour, give any directions or furnish any guidelines to the Board under subsection (1) with respect to particular ACC operations/investigations.\n\n62 Subsection 18(4)\n\nOmit “Authority”, substitute “Board”.\n\n63 Section 19\n\nOmit “Authority has”, substitute “ACC has”.\n\nNote: The heading to section 19 is altered by omitting “Authority” and substituting “ACC”.\n\n64 Section 19\n\nOmit “general functions or of its special”.\n\n65 Section 19\n\nOmit “Authority by”, substitute “ACC by”.\n\n66 Subsection 19A(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 19A is altered by omitting “Authority” and substituting “Examiner”.\n\n67 Subsection 19A(1)\n\nOmit “Authority”, substitute “examiner”.\n\n68 Paragraph 19A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n69 Subsection 19A(2)\n\nOmit “A member”, substitute “An examiner”.\n\n70 Subsection 19A(2)\n\nOmit “Authority”, substitute “examiner”.\n\n71 Subsection 19A(2)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n72 Paragraph 19A(6)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n73 Subsection 19A(8) (definition of prescribed agency)\n\nOmit “Human Rights Commission”, substitute “Human Rights and Equal Opportunity Commission”.\n\n74 Subsection 19A(8) (paragraph (c) of the definition of relevant matters)\n\nOmit “prescribed investigation”, substitute “ACC operation/investigation”.\n\n75 Subsection 19A(8) (paragraph (c) of the definition of relevant request)\n\nOmit “Authority”, substitute “examiner”.\n\n76 Section 19A (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n77 Subsection 20(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 20 is altered by omitting “Authority” and substituting “Examiner”.\n\n78 Subsection 20(1)\n\nOmit “Authority”, substitute “examiner”.\n\n79 Paragraph 20(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n80 Subsection 20(2)\n\nOmit “A member”, substitute “An examiner”.\n\n81 Paragraph 20(2)(a)\n\nOmit “a member of the Authority or a member of the staff of the Authority”, substitute “the examiner or a member of the staff of the ACC”.\n\n82 Paragraph 20(2)(b)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n83 Section 20 (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n84 Subsection 21(1)\n\nOmit “Authority”, substitute “Board”.\n\nNote: The heading to section 21 is altered by omitting “Authority” and substituting “Board”.\n\n85 Subsection 21(2)\n\nOmit “Authority” (first occurring), substitute “Board”.\n\n86 Subsection 21(2)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n87 Paragraph 22(1)(a)\n\nOmit “a matter relating to a federally relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n88 Paragraph 22(2)(c)\n\nOmit “the Authority”, substitute “any person participating in the special ACC operation/investigation”.\n\n89 Paragraph 22(5)(a)\n\nOmit “matter relating to a federally relevant criminal activity into which the Authority is conducting a special investigation”, substitute “special ACC operation/investigation”.\n\n90 Paragraph 22(8)(a)\n\nOmit “Authority” (wherever occurring), substitute “head of the special ACC operation/investigation”.\n\n91 Paragraph 22(8)(a)\n\nOmit “a special investigation”, substitute “the special ACC operation/investigation”.\n\n92 Paragraph 22(8)(b)\n\nOmit “Authority” (first occurring), substitute “head of the special ACC operation/investigation”.\n\n93 Paragraph 22(8)(b)\n\nOmit “an eligible person”, substitute “a person participating in the special ACC operation/investigation”.\n\n94 Subparagraph 22(8)(b)(ii)\n\nOmit “eligible person”, substitute “person participating in the special ACC operation/investigation”.\n\n95 Paragraph 22(8)(b)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n96 Subsection 22(9)\n\nOmit “An eligible person”, substitute “A person participating in the special ACC operation/investigation”.\n\n97 Subsection 22(9)\n\nOmit “the eligible person”, substitute “the person participating in the special ACC operation/investigation”.\n\n98 Subsection 22(13)\n\nOmit “a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n99 Subsection 22(13)\n\nOmit “the relevant criminal activity”, substitute “the special ACC operation/investigation”.\n\n100 At the end of subsection 22(14)\n\nAdd “The issuing officer need not accept the function conferred.”.\n\n101 Paragraph 23(3)(d)\n\nOmit “Authority”, substitute “CEO”.\n\n102 Subsection 23(4)\n\nOmit “Authority”, substitute “ACC”.\n\n103 Subsection 24(1)\n\nOmit “a member”, substitute “an examiner”.\n\nNote: The heading to section 24 is altered by omitting “Authority” and substituting “examiner”.\n\n104 Paragraph 24(1)(a)\n\nOmit “an investigation that is being conducted by the Authority into a matter that was referred to the Authority (being a matter relating to a federally relevant criminal activity)”, substitute “a special ACC operation/investigation”.\n\n105 Paragraph 24(1)(a)\n\nOmit “the Authority or a hearing officer at a hearing (whether or not the summons has been served), or a person has appeared before the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination”.\n\n106 Paragraph 24(1)(b)\n\nOmit “Authority or the hearing officer” (wherever occurring), substitute “examiner”.\n\n107 Paragraph 24(1)(b)\n\nOmit “matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation”, substitute “special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation”.\n\n108 Subsection 24(1)\n\nOmit “passport to the Authority”, substitute “passport to the examiner”.\n\n109 Paragraph 24(2)(d)\n\nOmit “Authority”, substitute “examiner”.\n\n110 Subsection 24(2) (penalty)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n111 Paragraph 24(3)(a)\n\nOmit “Authority”, substitute “examiner”.\n\n112 Paragraph 24(3)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n113 Subsection 24(4)\n\nOmit “a member”, substitute “the examiner”.\n\n114 Subsection 24(4)\n\nOmit “Authority” (wherever occurring), substitute “examiner”.\n\n115 Subsection 24(5)\n\nOmit “Authority”, substitute “examiner”.\n\n116 Subsection 24(5)\n\nOmit “a member”, substitute “the examiner”.\n\n117 Division 2 of Part II (heading)\n\nRepeal the heading, substitute:\n\n### Division 2—Examinations\n\n118 Section 24A\n\nRepeal the section, substitute:\n\n#### 24A Examinations\n\n An examiner may conduct an examination for the purposes of a special ACC operation/investigation.\n\n119 Section 25\n\nRepeal the section.\n\n120 Section 25A\n\nRepeal the section, substitute:\n\n#### 25A Conduct of examination\n\n Conduct of proceedings\n (1) An examiner may regulate the conduct of proceedings at an examination as he or she thinks fit.\n Representation at examination\n (2) At an examination before an examiner:\n (a) a person giving evidence may be represented by a legal practitioner; and\n (b) if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.\n Persons present at examination\n (3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination.\n (4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination 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 person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present.\n (5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4).\n Witnesses\n (6) At an examination before an examiner:\n (a) counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or\n (b) any person authorised by the examiner to appear before the examiner at the examination; or\n (c) any legal practitioner representing a person at the examination in accordance with subsection (2);\n may, so far as the examiner thinks appropriate, examine or cross‑examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.\n (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must:\n (a) inform the witness that the person is present; and\n (b) give the witness an opportunity to comment on the presence of the person.\n (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if:\n (a) the examiner fails to comply with subsection (7); or\n (b) a witness comments adversely on the presence of the person under paragraph (7)(b).\n Confidentiality\n (9) 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 any thing, produced to the examiner; or\n (c) any information that might enable a person who has given evidence before the examiner to be identified; or\n (d) the fact that any person has given or may be about to give evidence at an examination;\n must not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.\n (10) Subject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9).\n (11) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n Courts\n (12) If:\n (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and\n (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;\n the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.\n (13) If:\n (a) the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and\n (b) the court, after examining the evidence, is satisfied that the interests of justice so require;\n the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.\n Offence\n (14) A person who:\n (a) is present at an examination in contravention of subsection (5); or\n (b) makes a publication in contravention of a direction given under subsection (9);\n is guilty of an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.\n End of examination\n (15) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation:\n (a) a record of the proceedings of the examination; and\n (b) any documents or other things given to the examiner at, or in connection with, the examination.\n\n121 Subsection 26(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n122 Subsection 26(1)\n\nOmit “Chair”, substitute “CEO”.\n\n123 Subsection 26(2)\n\nOmit “Chair” (wherever occurring), substitute “CEO”.\n\n124 Subsection 27(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n125 Subsection 27(3)\n\nOmit “the Authority or the hearing officer”, substitute “the examiner”.\n\n126 Subsection 28(1)\n\nOmit “A member”, substitute “An examiner”.\n\n127 Subsection 28(1)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “the examiner at an examination”.\n\n127A After subsection 28(1)\n\nInsert:\n\n (1A) Before issuing a summons under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the summons.\n\n128 Subsection 28(2)\n\nRepeal the subsection, substitute:\n\n (2) A summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the intelligence operation is a special operation or that the investigation into matters relating to federally relevant criminal activity is a special investigation.\n\n129 Subsection 28(3)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination”.\n\n130 Subsection 28(3)\n\nOmit “the member”, substitute “the examiner”.\n\n131 Subsection 28(3)\n\nOmit “a special investigation to which the hearing”, substitute “the special ACC operation/investigation to which the examination”.\n\n132 Subsection 28(3)\n\nOmit “the special investigation”, substitute “the special ACC operation/investigation”.\n\n133 Subsection 28(3)\n\nOmit “the Authority or the hearing officer” (wherever occurring), substitute “the examiner”.\n\n134 Subsection 28(3)\n\nOmit “relates to a special investigation”, substitute “relates to a special ACC operation/investigation”.\n\n135 Subsection 28(4)\n\nRepeal the subsection, substitute:\n\n (4) The examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing.\n\n136 Subsection 28(5)\n\nRepeal the subsection, substitute:\n\n (5) An examiner may, at an examination, take evidence on oath or affirmation and for that purpose:\n (a) the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and\n (b) the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.\n\n137 Subsection 28(6)\n\nRepeal the subsection, substitute:\n\n (6) In this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO.\n\n138 Subsection 28(7)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n139 Subsection 29(1)\n\nOmit “A member”, substitute “An examiner”.\n\n140 Paragraph 29(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and\n\n141 Paragraph 29(1)(b)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n141A After subsection 29(1)\n\nInsert:\n\n (1A) Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice.\n\n142 Subsection 29(2)\n\nRepeal the subsection, substitute:\n\n (2) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.\n\n143 Subsection 29(3A)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n144 Subsection 29(3C)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n145 Subsection 29(4)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n146 Subsection 29A(1)\n\nOmit “member”, substitute “examiner”.\n\n147 Paragraph 29A(2)(a)\n\nOmit “member”, substitute “examiner”.\n\n148 Subparagraph 29A(2)(a)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n149 Paragraph 29A(2)(b)\n\nOmit “member”, substitute “examiner”.\n\n150 Subparagraph 29A(2)(b)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n151 Paragraph 29A(2)(c)\n\nOmit “member”, substitute “examiner”.\n\n152 Subsection 29A(4)\n\nOmit “Authority has concluded the investigation”, substitute “ACC has concluded the operation or investigation”.\n\n153 Paragraph 29A(4)(a)\n\nOmit “or (1A)”.\n\n154 Paragraph 29A(4)(b)\n\nOmit “or (1A) and the Authority”, substitute “and the CEO”.\n\n155 Paragraph 29A(4)(c)\n\nOmit “or (1A)”.\n\n156 Paragraph 29A(4)(d)\n\nOmit “or (1A)”.\n\n157 Subparagraph 29A(4)(d)(ii)\n\nOmit “Authority”, substitute “CEO”.\n\n158 Subsection 29A(4)\n\nOmit “relating to the investigation”, substitute “relating to the operation or investigation”.\n\n159 Subsection 29A(5)\n\nOmit “Authority”, substitute “CEO”.\n\n160 Subsection 29A(6)\n\nRepeal the subsection.\n\n161 At the end of section 29A\n\nAdd:\n\n (8) In this section:\n\n> official matter has the same meaning as in section 29B.\n\n162 Subsection 29B(1) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n163 Paragraph 29B(2)(e)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n164 Subsection 29B(3) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n165 Subsection 29B(7) (paragraph (a) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (a) the determination referred to in subsection 28(2);\n\n166 Subsection 29B(7) (paragraph (b) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (b) an ACC operation/investigation;\n\n167 Subsection 29B(7) (paragraph (c) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (c) an examination held by an examiner;\n\n168 Subsection 30(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n169 Paragraph 30(1)(b)\n\nOmit “a member or the hearing officer, as the case may be”, substitute “the examiner”.\n\n170 Subsection 30(2)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n171 Paragraph 30(2)(b)\n\nOmit “member presiding at the hearing or the hearing officer”, substitute “examiner”.\n\n172 Paragraph 30(3)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n173 Subsection 30(3)\n\nOmit “member presiding at the hearing or the hearing officer, furnish to the Authority or the hearing officer”, substitute “examiner, give the examiner”.\n\n174 Subsection 30(4)\n\nOmit “a hearing before the Authority or a hearing officer, or documents or things produced at a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner, or documents or things produced at an examination before an examiner”.\n\n175 Paragraph 30(4)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n176 Subparagraph 30(4)(a)(i)\n\nOmit “member presiding at the hearing or the hearing officer who is holding the hearing”, substitute “examiner”.\n\n177 Subsection 30(6)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n178 Subsection 30(8)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n179 Subsection 31(1)\n\nOmit “by or on behalf of the Authority”, substitute “by an examiner”.\n\n180 Paragraph 31(1)(a)\n\nOmit “Authority” (first occurring), substitute “examiner”.\n\n181 Paragraph 31(1)(a)\n\nOmit “Authority or a hearing officer”, substitute “examiner”.\n\n182 Paragraph 31(3)(a)\n\nOmit “Authority or the hearing officer”, substitute “examiner”.\n\n183 Subsection 33(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n184 Subsection 33(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n185 Subsection 33(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n186 Section 34\n\nOmit “a member or a hearing officer”, substitute “an examiner”.\n\n187 Paragraph 34(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before the examiner”.\n\n188 Paragraph 34(b)\n\nOmit “Authority otherwise than at a hearing before the Authority or a hearing officer”, substitute “ACC otherwise than at an examination before the examiner”.\n\n189 Section 34\n\nOmit “member or the hearing officer, as the case may be,”, substitute “examiner”.\n\n190 Subsection 35(1)\n\nRepeal the subsection, substitute:\n\n (1) A person must not:\n (a) obstruct or hinder:\n (i) the ACC in the performance of its functions; or\n (ii) an examiner in the performance of his or her functions as an examiner; or\n (b) disrupt an examination before an examiner.\n\nNote: The heading to section 35 is replaced by the heading “Obstructing or hindering the ACC or an examiner etc.”.\n\n191 Subsection 35(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n192 Subsection 35(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n193 Subsection 36(1)\n\nOmit “A member or a hearing officer”, substitute “An examiner”.\n\nNote: The heading to section 36 is altered by omitting “members” and substituting “examiners”.\n\n194 Subsection 36(1)\n\nOmit “a member or a hearing officer in relation to a hearing before the Authority or the hearing officer”, substitute “an examiner in relation to an examination before the examiner”.\n\n195 Subsection 36(2)\n\nOmit “Authority or a hearing officer or representing a person at a hearing before the Authority or a hearing officer”, substitute “ACC or an examiner or representing a person at an examination before an examiner”.\n\n196 Subsection 36(3)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n197 Sections 37 to 46A\n\nRepeal the sections, substitute:\n\n#### Subdivision A—Chief Executive Officer\n\n#### 37 Appointment of CEO\n\n (1) The Chief Executive Officer of the ACC is to be appointed by the Governor‑General by written instrument.\n (2) Before the Governor‑General makes such an appointment, the Minister must:\n (a) invite the Board to make nominations for appointment; and\n (b) consult the members of the Inter‑Governmental Committee in relation to the appointment.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO is to be appointed on a full‑time basis.\n\n#### 38 Remuneration and allowances of CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 39 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the Minister determines in writing.\n\n#### 40 Resignation\n\n The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 41 Disclosure of interests\n\n The CEO must give written notice to the Minister, and to the Chair of the Board, of all interests, pecuniary or otherwise, that the CEO has or acquires and that could conflict with the proper performance of the CEO’s duties.\n\n#### 42 Outside employment\n\n The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 43 Suspension of appointment\n\n (1) The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n (1A) However, the Minister must not suspend the appointment of the CEO unless the Minister has:\n (a) asked the Board for its advice in relation to the proposed suspension; and\n (b) considered the Board’s advice.\n (2) The Minister must specify in the notice whether the suspension is with or without remuneration and allowances.\n (3) The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.\n\n#### 44 Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 41; or\n (d) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Unsatisfactory performance\n (3) The Governor‑General may terminate the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n Invalidity\n (4) In spite of anything contained in this section, if the CEO:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (5) In spite of anything contained in this section, if the CEO:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.\n\n#### 45 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.\n\n#### 46 Acting CEO\n\n (1) The Minister may appoint a person to act as the CEO:\n (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO is suspended from office, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n (2) Anything done by a person purporting to act under an appointment under subsection (1) is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\n\n> Note: For more information about acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 46A CEO to manage ACC etc.\n\n (1) The CEO is responsible for the management and administration of the ACC. The CEO is to act in accordance with any policies determined, and any directions given, in writing by the Board.\n (2) The CEO must also manage, co‑ordinate and control ACC operations/investigations.\n (2A) As soon as practicable after the Board authorises, in writing, the ACC to undertake an intelligence operation or to investigate matters relating to federally relevant criminal activity, the CEO must determine, in writing, the head of such an operation or investigation.\n (2B) Before the CEO determines the head of such an operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination.\n (3) Subject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation.\n\n#### Subdivision B—Examiners\n\n#### 46B Appointment of examiners\n\n (1) An examiner is to be appointed by the Governor‑General by written instrument.\n Consulting the Inter‑Governmental Committee\n (2) Before the Governor‑General makes such an appointment, the Minister must consult the members of the Inter‑Governmental Committee in relation to the appointment.\n Legal practitioner\n (3) A person must not be appointed as an examiner unless he or she is enrolled as a legal practitioner, and has been so for at least 5 years.\n Period of appointment\n (4) An examiner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. In addition, the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n Full‑time appointments\n (5) An examiner is to be appointed on a full‑time basis.\n\n#### 46C Remuneration and allowances of examiners\n\n (1) An examiner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an examiner is to be paid the remuneration that is prescribed by the regulations.\n (2) An examiner is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 46D Leave of absence\n\n (1) An examiner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The CEO may grant an examiner leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the CEO determines in writing.\n\n#### 46E Resignation\n\n An examiner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 46F Disclosure of interests\n\n An examiner must give written notice to the CEO of all interests, pecuniary or otherwise, that the examiner has or acquires and that could conflict with the proper performance of the examiner’s duties.\n\n#### 46G Outside employment\n\n An examiner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 46H Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of an examiner if:\n (a) the examiner:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the examiner is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the examiner fails, without reasonable excuse, to comply with section 46F; or\n (d) the examiner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Invalidity\n (3) In spite of anything contained in this section, an examiner who:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (4) In spite of anything contained in this section, an examiner who:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.\n\n#### 46J Other terms and conditions—general\n\n An examiner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.\n\n198 Before section 47\n\nInsert:\n\n#### Subdivision C—Staff etc.\n\n199 Subsection 47(1)\n\nOmit “Authority”, substitute “ACC”.\n\n200 Subsection 47(2)\n\nOmit “Chair” (wherever occurring), substitute “CEO”.\n\n201 Subsection 48(1)\n\nOmit “Chair”, substitute “CEO”.\n\n202 Subsection 48(1)\n\nOmit “Authority”, substitute “ACC”.\n\n203 Subsection 48(2)\n\nOmit “Chair”, substitute “CEO”.\n\n204 Section 49\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\nNote: The heading to section 49 is altered by omitting “Authority” and substituting “ACC”.\n\n205 Section 50\n\nOmit “Chair”, substitute “CEO”.\n\nNote: The heading to section 50 is altered by omitting “Authority” and substituting “ACC”.\n\n206 Section 50\n\nOmit “Authority”, substitute “ACC”.\n\n207 Before section 51\n\nInsert:\n\n#### Subdivision D—Secrecy\n\n208 Paragraph 51(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the CEO; and\n (aa) a member of the Board; and\n\n209 Paragraph 51(1)(b)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Paragraph 51(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) an examiner.\n\n211 Subsection 51(2)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n212 Subsection 51(3)\n\nOmit “Authority, or a member, acting member or hearing officer”, substitute “ACC, or the CEO, the acting CEO, a member of the Board or an examiner”.\n\n213 Paragraph 51(3)(b)\n\nOmit “investigation carried out by the Authority”, substitute “operation or investigation carried out by the ACC”.\n\n214 Subsection 51(4)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or\n (b) a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.\n\n215 Subsection 51(4) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n216 Part III (heading)\n\nRepeal the heading, substitute:\n\n## Part III—Parliamentary Joint Committee on the Australian Crime Commission\n\n217 Section 52 (definition of the Committee)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n218 Subsection 53(1)\n\nRepeal the subsection, substitute:\n\n (1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Crime Commission is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.\n\nNote: The heading to section 53 is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n219 Paragraphs 55(1)(a) and (b)\n\nOmit “Authority”, substitute “ACC”.\n\n220 Paragraph 55(1)(c)\n\nOmit “of the Authority”, substitute “on the ACC”.\n\n221 Paragraph 55(1)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 55(2)(a)\n\nAfter “to” (first occurring), insert “undertake an intelligence operation or to”.\n\n223 Paragraph 55(2)(b)\n\nOmit “Authority in relation to a particular investigation”, substitute “ACC in relation to a particular ACC operation/investigation”.\n\n224 Section 55AA\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n225 Paragraph 55A(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n226 Paragraph 55A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n227 Paragraph 55A(1)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n228 Subsections 55A(2) to (5)\n\nRepeal the subsections, substitute:\n\n ACC\n (2) A law of a State may confer on the ACC any or all of the following duties, functions or powers:\n (a) the function of investigating a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (b) a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph;\n (c) the function of undertaking an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (d) a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (3) The ACC cannot, under a law of a State:\n (a) investigate a matter relating to a relevant criminal activity; or\n (b) undertake an intelligence operation;\n unless the Board has consented to the ACC doing so.\n Board, Chair of the Board, CEO, examiners and members of staff of the ACC\n (4) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5A) The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State:\n (a) relating to the investigation of a matter relating to a relevant criminal activity; or\n (b) relating to the undertaking of an intelligence operation;\n unless the Board has consented to the CEO or the examiner doing so.\n Judge of the Federal Court or Federal Magistrate\n (5B) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5C) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n\n229 Subsection 55A(6)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n230 Subsection 55A(7)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n231 Paragraph 55A(8)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n232 Paragraph 55A(8)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n233 Paragraph 55A(8)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n234 Paragraph 55A(9)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n235 Paragraph 55A(9)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n236 Paragraph 55A(9)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n237 Subsection 55A(9)\n\nAfter “federally relevant criminal activities”, insert “or to the undertaking of an intelligence operation”.\n\n238 Subsection 55A(10)\n\nRepeal the subsection, substitute:\n\n State officers do not lose State powers\n (10) Nothing in this Act results in a person, who is an officer of a State and who becomes a member of the staff of the ACC, ceasing to be able to perform any duty or function, or to exercise any power, that is conferred on the person under a law of the State in his or her capacity as such an officer.\n\n239 Subsection 55A(12)\n\nRepeal the subsection, substitute:\n\n Interpretation\n (12) A reference in this section to a law of a State conferring a duty, function or power includes a reference to the conferral of a duty, function or power under a law of a State.\n\n240 Subsection 55A(13)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n241 Subsection 55A(13) (definition of State NCA Act)\n\nRepeal the definition.\n\n242 At the end of section 55A\n\nAdd:\n\n (14) In this section (other than subsection (9)):\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n243 Section 55B\n\nRepeal the section, substitute:\n\n#### 55B Choice of Commonwealth and State powers\n\n If:\n (a) the ACC is investigating a matter relating to federally relevant criminal activity, or is undertaking an intelligence operation, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of a State; and\n (b) for the purposes of that investigation or operation, the ACC or the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State;\n this Act or that other Act does not require the ACC or the Board, the Chair of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.\n\n244 Paragraph 55C(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n245 Paragraph 55C(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC;\n\n246 Paragraph 55C(1)(c)\n\nAfter “matter”, insert “, or to the collection, correlation, analysis or dissemination of criminal information and intelligence,”.\n\n247 Subsection 55C(2)\n\nAfter “Federal Court”, insert “or a Federal Magistrate”.\n\n248 Subsection 55C(2)\n\nOmit “Authority of a matter”, substitute “ACC of a matter, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence,”.\n\n249 Subsection 55C(3)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n250 Section 56\n\nRepeal the section.\n\n251 Section 57\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n252 Subsection 58(1)\n\nRepeal the subsection, substitute:\n\n (1) The Minister may make an arrangement with the appropriate Minister of the Crown of a State under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.\n\n253 Subsections 59(1), (1A) and (2)\n\nRepeal the subsections, substitute:\n\n (1) The Chair of the Board must keep the Minister informed of the general conduct of the ACC in the performance of the ACC’s functions. If the Minister requests the Chair to provide to him or her information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, the Chair must comply with the request.\n (1A) Subject to subsection (2), if a Minister of the Crown of a State who is a member of the Inter‑Governmental Committee requests the Chair of the Board to provide him or her with information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board must comply with the request.\n (2) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (1A).\n\n254 Subsection 59(3)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n255 Paragraph 59(3)(a)\n\nOmit “investigation that has been or is being conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n256 Paragraph 59(3)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n257 Paragraph 59(3)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n258 Subsection 59(4)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n259 Subsection 59(4)\n\nOmit “special investigation conducted by the Authority”, substitute “special ACC operation/investigation conducted by the ACC”.\n\n260 Subsection 59(5)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n261 Subsection 59(5)\n\nOmit “Authority” (second occurring), substitute “ACC”.\n\n262 Subsection 59(5)\n\nOmit “Authority” (last occurring), substitute “Chair of the Board”.\n\n263 Subsection 59(5)\n\nOmit “Commonwealth Minister or Minister of the Crown of the State by whom the relevant reference was made”, substitute “Minister”.\n\n264 Subsection 59(6)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n265 Subsection 59(6A)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n266 Paragraph 59(6A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n267 Paragraph 59(6A)(a)\n\nOmit “investigation that has been conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n268 Paragraph 59(6A)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n269 Paragraph 59(6A)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n270 Subsection 59(6B)\n\nAfter “Chair”, insert “of the Board”.\n\n271 Subsection 59(6B)\n\nOmit “Authority”, substitute “Chair”.\n\n272 Subsection 59(6C)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n273 Paragraph 59(6D)(b)\n\nAfter “Chair”, insert “of the Board”.\n\n274 Subsection 59(7)\n\nRepeal the subsection, substitute:\n\n (7) The CEO may give to:\n (a) any law enforcement agency; or\n (b) any foreign law enforcement agency; or\n (c) any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations;\n any information that is in the ACC’s possession and that is relevant to the activities of that agency or body if:\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 law of the Commonwealth, a State or a Territory that would otherwise apply.\n\n275 Subsection 59(8)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n276 Subsection 59(8)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n277 Subsection 59(8)\n\nOmit “Authority”, substitute “ACC”.\n\n278 Subsection 59(9)\n\nOmit “Authority” (first occurring), substitute “ACC”.\n\n279 Subsection 59(9)\n\nOmit “investigations”, substitute “operations or investigations”.\n\n280 Subsection 59(9)\n\nOmit “Authority may, if it”, substitute “CEO may, if he or she”.\n\n281 Paragraph 59(9)(e)\n\nOmit “Authority”, substitute “CEO”.\n\n282 Subsection 59(10)\n\nOmit “made by the Authority”.\n\n283 Subsection 59(11)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n284 Subsection 59(11)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n285 Subsection 59(11)\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n286 Subsection 59(12)\n\nRepeal the subsection.\n\n287 Section 59A\n\nRepeal the section, substitute:\n\n#### 59A Delegation\n\n The CEO may, by writing, delegate to a member of the staff of the ACC who is an SES employee, or an acting SES employee, all or any of the CEO’s powers or functions under this Act.\n\n#### 59B Liability for damages\n\n A member of the Board is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Act.\n\n288 Subsection 60(1)\n\nRepeal the subsection, substitute:\n\n (1) The Board may hold meetings in public for the purpose of informing the public about, or receiving submissions in relation to, the performance of the ACC’s functions.\n\nNote: The heading to section 60 is altered by omitting “sittings” and substituting “meetings”.\n\n289 Subsections 60(2) to (3D)\n\nRepeal the subsections.\n\n290 Subsection 60(4)\n\nRepeal the subsection, substitute:\n\n (4) The Board may publish bulletins for the purpose of informing the public about the performance of the ACC’s functions.\n\n291 Subsection 60(5)\n\nOmit “Authority”, substitute “Board”.\n\n292 Paragraph 60(5)(a)\n\nOmit “sitting”, substitute “meeting”.\n\n293 Subsection 61(1)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n294 Subsection 61(1)\n\nOmit “its operations”, substitute “the ACC’s operations”.\n\n295 Subsection 61(2)\n\nOmit “report by the Authority”, substitute “report by the Chair of the Board”.\n\n296 Paragraph 61(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) a description of any investigation into matters relating to federally relevant criminal activity that the ACC conducted during the year and that the Board determined to be a special investigation;\n\n297 Paragraph 61(2)(b)\n\nOmit “Authority during that year in the course of its investigations”, substitute “ACC during that year in the performance of its functions”.\n\n298 Paragraph 61(2)(c)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n299 Paragraph 61(2)(d)\n\nOmit “Chair”, substitute “CEO”.\n\n300 Paragraph 61(2)(e)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\n301 Paragraph 61(2)(f)\n\nRepeal the paragraph.\n\n302 Subparagraph 61(2)(g)(iii)\n\nOmit “Authority”, substitute “ACC”.\n\n303 Subsection 61(3)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n304 Subsection 61(4)\n\nOmit “Authority” (wherever occurring), substitute “Chair of the Board”.\n\n305 Subsection 61(5)\n\nRepeal the subsection.\n\n306 Paragraph 61(6)(a)\n\nOmit “of the Authority”, substitute “by the Chair of the Board”.\n\n307 Paragraph 61(6)(a)\n\nAfter “her”, insert “from the Inter‑Governmental Committee”.\n\n307A After section 61\n\nInsert:\n\n#### 61A Review of operation of Act\n\n (1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as practicable after 1 January 2006.\n (2) The persons who undertake such a review must give the Minister a written report of the review.\n (3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.\n (4) However, this section does not apply if a committee of one or both Houses of the Parliament has reviewed the operation of this Act, or started such a review, before 1 January 2006.\n\n \n\nPart 2—Transitional provisions\n\n308 Definitions\n\nIn this Part:\n\nACC means the Australian Crime Commission.\n\nACC Act means the Australian Crime Commission Act 2002.\n\ncommencement time means the time when this Part commences.\n\nNCA means the National Crime Authority.\n\nNCA Act means the National Crime Authority Act 1984 as in force before the commencement time.\n\nNCA consultant means a person in respect of whom an engagement was in force under section 48 of the NCA Act immediately before the commencement time.\n\nNCA hearing officer means a person who held an appointment under subsection 25A(1) of the NCA Act immediately before the commencement time.\n\n309 Appointment of first CEO of ACC\n\n(1) The first appointment of the Chief Executive Officer of the ACC under section 37 of the ACC Act may be made in accordance with section 4 of the Acts Interpretation Act 1901.\n\n> Note: Subsection 4(1) of the Acts Interpretation Act 1901 would allow the appointment to occur during the period beginning on the day this Act receives the Royal Assent and ending on 31 December 2002. However, the appointment could not take effect until at least 1 January 2003: see subsection 4(2) of the Acts Interpretation Act 1901.\n\n(2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be satisfied if the Minister invites each of the following persons to make nominations for that appointment:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory.\n\n310 NCA hearing officers\n\n(1) At the commencement time, an NCA hearing officer is taken to be appointed as an examiner under subsection 46B(1) of the ACC Act.\n\n(2) A person who becomes an examiner under this item holds that office:\n\n (a) subject to Subdivision B of Division 3 of Part II of the ACC Act, on the same terms and conditions as applied to his or her appointment as an NCA hearing officer immediately before the commencement time; and\n (b) for the unexpired part of the term of his or her appointment under the NCA Act.\n\n(3) This item does not prevent those terms and conditions being varied after the commencement time.\n\n(4) An appointment of a person as an examiner under this item is taken, for the purposes of subsection 46B(4) of the ACC Act, to be the person’s first appointment.\n\n> Note: Subsection 46B(4) of the ACC Act provides that the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n\n311 NCA consultants\n\n(1) At the commencement time, a person who is an NCA consultant is taken to be engaged as a consultant under section 48 of the ACC Act.\n\n(2) The person is taken to have been engaged on the same terms and conditions that applied in relation to the person immediately before the commencement time.\n\n312 NCA legal practitioners\n\nAn appointment in force under section 50 of the NCA Act immediately before the commencement time is taken, at that time, to be an appointment made under section 50 of the ACC Act.\n\n313 Continuation of references made to the NCA\n\n(1) This item applies to an investigation (the NCA investigation) under subsection 11(2) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the Board of the ACC is taken to have determined, in writing, that the investigation is a special investigation; and\n (c) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the special investigation; and\n (d) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the special investigation.\n\n314 Continuation of duties, functions or powers conferred on the NCA by State laws\n\nIf:\n\n (a) a law of a State conferred on the NCA a duty, function or power of the kind referred to in subsection 55A(2) of the NCA Act in relation to a matter relating to a relevant criminal activity; and\n (b) subsection 55A(3) of the NCA Act was satisfied in relation to that conferral; and\n (c) a law of a State confers on the ACC that duty, function or power in relation to that matter;\n\nthen the Board of the ACC is taken to have consented to the ACC investigating that matter.\n\n315 Continuation of other NCA investigations\n\n(1) This item applies to an investigation (the NCA investigation) in relation to a federally relevant criminal activity under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the investigation of those matters; and\n (c) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the investigation into those matters.\n\n316 Assembling and giving of evidence obtained by the NCA\n\nIf:\n\n (a) before the commencement time, the NCA obtained evidence of a kind referred to in subsection 12(1) or (1A) of the NCA Act; but\n (b) the NCA had not assembled and given the evidence as mentioned in that subsection before the commencement time;\n\nthen, at and after the commencement time, subsection 12(1) of the ACC Act applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.\n\n> Note: Subsection 12(1) of the ACC Act requires the Chief Executive Officer of the ACC to assemble and give the evidence to particular persons or bodies.\n\n317 Limitation on challenges to validity of references\n\nDespite the repeal and substitution of section 16 of the NCA Act made by this Schedule, that section continues to apply in relation to a reference made before the commencement time as if that repeal and substitution had not been made.\n\n318 Arrangements to obtain information or intelligence\n\nAn arrangement in force under section 21 of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under section 21 of the ACC Act.\n\n319 Continuation of secrecy obligations\n\nSection 51 of the NCA Act continues to apply at and after the commencement time to a person who, immediately before the commencement time, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.\n\n320 Continuation of the Parliamentary Joint Committee on the National Crime Authority\n\nThe Parliamentary Joint Committee on the National Crime Authority, as constituted under Part III of the NCA Act immediately before the commencement time, continues in existence after that time under Part III of the ACC Act and is to be known as the Parliamentary Joint Committee on the Australian Crime Commission.\n\n321 Ombudsman to brief Inter‑Governmental Committee about controlled operations\n\nThe first briefing provided by the Ombudsman under section 55AA of the ACC Act must also cover the NCA’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.\n\n322 Arrangements relating to person performing services for the NCA\n\nAn arrangement in force under paragraph 58(1)(b) of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under subsection 58(1) of the ACC Act.\n\n323 Annual report\n\nThe first report on the operations of the ACC under section 61 of the ACC Act must also include, in relation to the year to which the report relates, details of the matters referred to in subsection 61(2) of the NCA Act as in force immediately before the commencement time.\n\n324 Transfer of records and documents etc.\n\nAny evidence (including oral evidence in any form), records, documents, information or other things (including those in electronic form) that were in the possession of the NCA immediately before the commencement time are to be transferred to the ACC.\n\n325 Section 8 of the Acts Interpretation Act 1901\n\nThis Part does not limit the operation of section 8 of the Acts Interpretation Act 1901.\n\n326 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 2—Other amendments\n\nPart 1—Amendments\n\nArchives Act 1983\n\n1 Paragraph 33(1A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nAustralian Security Intelligence Organisation Act 1979\n\n2 Paragraph 18(3)(a)\n\nOmit “a member, or a member of the staff, of the National Crime Authority”, substitute “the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC”.\n\n3 Subparagraph 18(3)(b)(vi)\n\nRepeal the subparagraph, substitute:\n\n (vi) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC.\n\n4 At the end of section 18\n\nAdd:\n\n (6) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\nCrimes Act 1914\n\n5 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n6 Subsection 3(1)\n\nInsert:\n\n> ACC authorising officer has the meaning given in subsection 15J(4).\n\n7 Subsection 3(1) (paragraph (b) of the definition of appropriate authorising officer)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n8 Subsection 3(1) (paragraph (c) of the definition of law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC;\n\n9 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n10 Subsection 3(1) (definition of NCA authorising officer)\n\nRepeal the definition.\n\n11 Subparagraph 15G(1)(b)(i)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n12 Paragraph 15J(2)(c)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n13 Paragraph 15J(2)(c)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n14 Subsection 15J(4)\n\nRepeal the subsection, substitute:\n\n (4) The following are ACC authorising officers:\n (a) the Chief Executive Officer of the ACC;\n (b) a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.\n\n15 Paragraph 15N(2A)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n16 Subsection 15OA(2)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n17 Subsection 15OA(4)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n18 Paragraph 15OA(5)(b)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n19 Paragraph 15Q(1)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n20 Subsection 15R(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n21 Paragraph 15R(2)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n22 Subsection 15T(4)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n23 Subsection 15U(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n24 Paragraph 15UA(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n25 Subsection 15UA(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n26 Paragraph 15UB(1)(a)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n27 Paragraph 15UB(1)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n28 Subsection 15XA(1) (paragraph (c) of the definition of Commonwealth participating agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n29 Section 85ZL (paragraph (c) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n30 Section 85ZL (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\nCriminal Code Act 1995\n\n31 Section 146.1 (paragraph (b) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002; or\n (ba) an examiner (within the meaning of that Act); or\n\n32 Section 146.1 (paragraph (c) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC (within the meaning of that Act); or\n\nCustoms Act 1901\n\n33 Subsection 219A(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n34 Subsection 219A(1) (paragraph (a) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC; and\n\n35 Subsection 219A(1) (definition of Commonwealth law enforcement agency)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n36 Subsection 219A(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n37 Subsection 219A(1) (paragraph (a) of the definition of official)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC; and\n\n38 Paragraph 219B(4A)(a)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of a police force who is a member of the staff of the ACC; and\n\nCustoms Administration Act 1985\n\n39 Subsection 16(1A) (paragraph (b) of the definition of Commonwealth agency)\n\nOmit “and”.\n\n40 Subsection 16(1A) (paragraph (c) of the definition of Commonwealth agency)\n\nRepeal the paragraph.\n\nFinancial Transaction Reports Act 1988\n\n41 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n42 Subsection 3(1) (definition of acting member of the NCA)\n\nRepeal the definition.\n\n43 Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n44 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n45 Subsection 3(1)\n\nInsert:\n\n> examiner has the same meaning as in the Australian Crime Commission Act 2002.\n\n46 Subsection 3(1) (definition of Inter‑Governmental Committee)\n\nOmit “NCA Act”, substitute “Australian Crime Commission Act 2002”.\n\n47 Subsection 3(1) (definition of member of the NCA)\n\nRepeal the definition.\n\n48 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n49 Subsection 3(1) (definition of member of the staff of the NCA)\n\nRepeal the definition.\n\n50 Subsection 3(1) (definition of NCA)\n\nRepeal the definition.\n\n51 Subsection 3(1) (definition of NCA Act)\n\nRepeal the definition.\n\n52 Subsection 16(6) (definition of investigating officer)\n\nOmit “a member, or member of staff, of the NCA”, substitute “an examiner or a member of the staff of the ACC”.\n\n53 Subsection 16(6) (paragraph (b) of the definition of relevant authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC; or\n\n54 Paragraph 26(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) where the officer is an examiner or a member of the staff of the ACC—the Chief Executive Officer of the ACC; or\n\n55 Subsection 27(1A)\n\nOmit “the Australian Bureau of Criminal Intelligence and”.\n\n56 Subsection 27(1A)\n\nOmit “the Bureau or the Commission (as the case requires)”, substitute “the Commission”.\n\n57 Subsection 27(5)\n\nOmit “NCA obtains FTR information”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information”.\n\n58 Before paragraph 27(5)(a)\n\nInsert:\n\n (aaa) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and\n\n59 Paragraph 27(5)(a)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n60 Paragraph 27(5)(a)\n\nOmit “NCA under subsection 59(4) of the NCA Act”, substitute “Chair under subsection 59(4) of the Australian Crime Commission Act 2002”.\n\n61 Paragraph 27(5)(aa)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n62 Paragraph 27(5)(aa)\n\nOmit “National Crime Authority under subsection 59(6A) of the NCA Act”, substitute “Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002”.\n\n63 After paragraph 27(5)(aa)\n\nInsert:\n\n (ab) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002; and\n\n64 Paragraph 27(5)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner may divulge the information in the course of such an examination before the examiner; and\n\n65 Paragraph 27(5)(c)\n\nOmit “the NCA may”, substitute “an examiner or a member of the staff of the ACC may”.\n\n66 Paragraph 27(5)(d)\n\nOmit “paragraphs (a), (aa), (b) and (c), the NCA”, substitute “paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC”.\n\n67 Subparagraph 27(6)(a)(i)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC”.\n\n68 Subparagraph 27(6)(a)(i)\n\nOmit “its functions”, substitute “the ACC’s functions”.\n\n69 Subsection 27(9)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC”.\n\n70 Subsection 27(10)\n\nOmit “the NCA”, substitute “an examiner”.\n\n71 Paragraph 27(14)(a)\n\nOmit “NCA”, substitute “ACC”.\n\n72 Paragraph 27(15)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the Chief Executive Officer of the ACC;\n\n73 Paragraph 27(15)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner or a member of the staff of the ACC;\n\n74 Paragraphs 27(15)(c) and (d)\n\nRepeal the paragraphs.\n\n75 Paragraph 27(16)(g)\n\nRepeal the paragraph.\n\n76 Paragraph 27(17)(s)\n\nRepeal the paragraph.\n\nHuman Rights and Equal Opportunity Commission Act 1986\n\n77 Paragraph 24(2)(b)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nNational Crime Authority Legislation Amendment Act 2001\n\n78 Subsection 4(1)\n\nAfter “(the NCA Act)”, insert “and the Australian Crime Commission Act 2002 (the ACC Act)”.\n\n79 Paragraph 4(4)(a)\n\nAfter “Authority”, insert “and the Australian Crime Commission”.\n\n80 Subsection 4(5)\n\nAfter “NCA Act”, insert “and the ACC Act”.\n\n81 After subsection 4(7)\n\nInsert:\n\n (7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.\n\n82 Subsection 4(8)\n\nOmit “that Act” (wherever occurring), substitute “the NCA Act”.\n\n83 After subsection 4(8)\n\nInsert:\n\n (8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:\n (a) divulging or communicating information to the responsible person;\n (b) recording information;\n (c) providing a record of information to the responsible person.\n\nOmbudsman Act 1976\n\n84 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002.\n\n85 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n86 Subsection 3(1) (definition of law enforcement agency)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n87 Subsection 3(1) (definition of National Crime Authority)\n\nRepeal the definition.\n\n88 Subsection 3(13A)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n89 Paragraph 5(2)(b)\n\nOmit “other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority”.\n\n90 Subparagraph 6A(1)(a)(i)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nNote: The heading to section 6A is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n91 Subsection 8B(1)\n\nOmit “National Crime Authority, or a member of the staff of the Authority,”, substitute “ACC, or a member of the staff of the ACC,”.\n\nNote: The heading to section 8B is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n92 Subsection 8B(8)\n\nRepeal the subsection, substitute:\n\n (8) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n93 Paragraph 9(3)(e)\n\nOmit “National Crime Authority”, substitute “ACC or the Board of the ACC”.\n\n94 Subsection 35B(1)\n\nOmit “disclosure of certain NCA information”, substitute “disclosure of certain ACC information”.\n\nNote: The heading to section 35B is altered by omitting “NCA” and substituting “ACC”.\n\n95 Paragraph 35B(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the proper performance of the functions of the ACC; or\n\n96 Subsection 35B(1)\n\nOmit “disclose the NCA information”, substitute “disclose the ACC information”.\n\n97 Subsection 35B(2)\n\nInsert:\n\n> ACC information means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.\n\n98 Subsection 35B(2) (definition of NCA information)\n\nRepeal the definition.\n\nPrivacy Act 1988\n\n99 Subsection 6(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n100 Subsection 6(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n101 Subsection 6(1) (paragraph (b) of the definition of enforcement body)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC; or\n\n102 Subparagraph 7(1)(a)(iv)\n\nRepeal the subparagraph, substitute:\n\n (iv) the ACC; or\n\n103 Paragraph 7(1)(h)\n\nRepeal the paragraph, substitute:\n\n (h) the ACC or the Board of the ACC.\n\n104 Paragraph 7(2)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC or the Board of the ACC.\n\n105 Subsection 18K(5) (note)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n106 Paragraph 70(2)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nProceeds of Crime Act 1987\n\n107 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n108 Subsection 4(1) (definition of law enforcement authority)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n109 Paragraph 39(2)(b)\n\nOmit “a special investigation being conducted by the National Crime Authority”, substitute “a special ACC operation/investigation”.\n\n110 Subsection 39(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n111 Subsection 39(3)\n\nRepeal the subsection, substitute:\n\n (3) In this section:\n\n> special ACC operation/investigation has the same meaning as in the Australian Crime Commission Act 2002.\n\n112 Subsection 40(10) (paragraph (b) of the definition of responsible custodian)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n113 At the end of paragraph 74(1)(a)\n\nAdd “or”.\n\n114 Paragraph 74(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or\n\n115 Subparagraph 74(2)(a)(i)\n\nOmit “or a member, or member of staff, of the National Crime Authority”, substitute “or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)”.\n\nProceeds of Crime Act 2002\n\n116 Paragraph 213(3)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the Australian Crime Commission; or\n (e) an examiner (within the meaning of the Australian Crime Commission Act 2002).\n\n117 Section 338 (paragraph (b) of the definition of authorised officer)\n\nRepeal the paragraph, substitute:\n\n (b) any of the following:\n (i) the Chief Executive Officer of the Australian Crime Commission;\n (ii) an examiner (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission;\n (iii) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or\n\nRadiocommunications Act 1992\n\n118 Paragraph 27(1)(bc)\n\nRepeal the paragraph, substitute:\n\n (bc) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002; or\n\nRetirement Savings Accounts Act 1997\n\n119 Subparagraph 114(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nRoyal Commissions Act 1902\n\n120 Section 1B (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n121 Paragraph 6P(1)(da)\n\nRepeal the paragraph.\n\n122 Subsection 6P(2A)\n\nOmit “an investigation being conducted by the National Crime Authority”, substitute “the performance of the functions of the Australian Crime Commission”.\n\n123 Subsection 6P(2A)\n\nOmit “to the National Crime Authority”, substitute “to the Chief Executive Officer of the Australian Crime Commission”.\n\nSuperannuation Industry (Supervision) Act 1993\n\n124 Subparagraph 284(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nTaxation Administration Act 1953\n\n125 Subsection 2(1) (paragraph (d) of the definition of head)\n\nRepeal the paragraph, substitute:\n\n (d) in the case of the Australian Crime Commission—the Chief Executive Officer of the Commission;\n\n126 Subsection 2(1) (paragraph (daa) of the definition of head)\n\nRepeal the paragraph.\n\n127 Subsection 2(1) (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (d) the Australian Crime Commission;\n\n128 Subsection 2(1) (paragraph (daa) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\n129 Subsection 3D(1)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\nNote: The heading to section 3D is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n130 Subsection 3D(2)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n131 Subsection 3D(3)\n\nRepeal the subsection.\n\n132 Subsection 3D(4)\n\nOmit “the Authority is conducting a special investigation and”, substitute “a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC”.\n\n133 Subsection 3D(4)\n\nOmit “investigation, a member or acting member”, substitute “operation or investigation, the Chief Executive Officer of the ACC”.\n\n134 Paragraph 3D(5)(a)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n135 Subsection 3D(6)\n\nOmit “A member or acting member”, substitute “The Chief Executive Officer of the ACC”.\n\n136 Paragraph 3D(7)(a)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n137 Paragraph 3D(7)(b)\n\nOmit “Authority from”, substitute “Chief Executive Officer of the ACC from”.\n\n138 Paragraph 3D(7)(b)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n139 Paragraph 3D(7)(b)\n\nOmit “a member or acting member”, substitute “the Chief Executive Officer of the ACC”.\n\n140 Paragraph 3D(7)(b)\n\nOmit “Commissioner or to the Authority”, substitute “Commissioner or to the Chief Executive Officer of the ACC”.\n\n141 Paragraph 3D(8)(b)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n142 Subparagraph 3D(8)(c)(i)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n143 Subparagraph 3D(8)(c)(ii)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n144 Subsection 3D(9)\n\nOmit “a special investigation is readily obtainable by the Authority”, substitute “an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC”.\n\n145 Subsection 3D(9)\n\nOmit “the investigation that may result if the Authority”, substitute “the operation or investigation that may result if the Chief Executive Officer of the ACC”.\n\n146 Paragraph 3D(10)(b)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n147 Subsection 3D(11)\n\nAfter “Subject to subsections (12) and (13), where”, insert “information is communicated to the Chief Executive Officer of the ACC under”.\n\n148 Paragraphs 3D(11)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) subsection (1) or (2); or\n (b) an order made under subsection (7);\n\n149 Before paragraph 3D(11)(c)\n\nInsert:\n\n (ba) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC;\n\n150 Paragraph 3D(11)(c)\n\nOmit “Authority may”, substitute “Chair of the Board of the ACC may”.\n\n151 Paragraph 3D(11)(c)\n\nOmit “Authority under subsection 59(4) of the relevant Act”, substitute “Chair under subsection 59(4) of the ACC Act”.\n\n152 After paragraph 3D(11)(c)\n\nInsert:\n\n (ca) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the ACC Act;\n\n153 Paragraph 3D(11)(d)\n\nRepeal the paragraph, substitute:\n\n (d) an examiner may divulge the information in the course of such an examination before the examiner;\n\n154 Paragraph 3D(11)(e)\n\nOmit “Authority may”, substitute “Chief Executive Officer of the ACC may”.\n\n155 Paragraph 3D(11)(e)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n156 Paragraph 3D(11)(f)\n\nRepeal the paragraph, substitute:\n\n (f) subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with:\n (i) in a case where paragraph (a) applies—a tax‑related investigation; or\n (ii) in a case where paragraph (b) applies—a special ACC operation/investigation;\n\n157 Paragraph 3D(11)(g)\n\nOmit “a member or acting member shall”, substitute “the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must”.\n\n158 Paragraph 3D(11)(j)\n\nOmit “a person of a kind referred to in subparagraph (f)(i), (ii) or (iii)”, substitute “a member of the staff of the ACC”.\n\n159 Subparagraph 3D(11)(j)(i)\n\nOmit “such person, or to the Authority,”, substitute “member of the staff of the ACC, or to an examiner,”.\n\n160 Sub‑subparagraph 3D(11)(j)(i)(A)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n161 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n162 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n163 Sub‑subparagraph 3D(11)(j)(i)(C)\n\nRepeal the sub‑subparagraph.\n\n164 Subsection 3D(13)\n\nOmit “the Authority”, substitute “an examiner”.\n\n165 Subsection 3D(16)\n\nRepeal the subsection, substitute:\n\n (16) If information is communicated to the Chief Executive Officer of the ACC under subsection (1) or (2) or under an order made under subsection (7), then nothing in subsection (11), (14), (15) or (17) prohibits:\n (a) the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or\n (b) if the information is admissible in a prosecution of a person for a taxation offence—the communication of the information to a court in the course of proceedings before that court against the last‑mentioned person for that offence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (16), see subsection 13.3(3) of the Criminal Code.\n\n166 Subsection 3D(17)\n\nOmit “paragraph (16)(c)”, substitute “paragraph (16)(a)”.\n\n167 Subsection 3D(18)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n168 Subsection 3D(18)\n\nOmit “Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority”, substitute “Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC”.\n\n169 Subsection 3D(20)\n\nRepeal the subsection.\n\n170 Subsection 3D(22)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n171 Subsection 3D(22)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n172 Subsection 3D(22)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n173 Subsection 3D(22) (definition of acting member)\n\nRepeal the definition.\n\n174 Subsection 3D(22) (definition of Authority)\n\nRepeal the definition.\n\n175 Subsection 3D(22)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n176 Subsection 3D(22)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n177 Subsection 3D(22) (definition of Inter‑Governmental Committee)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n178 Subsection 3D(22) (definition of member)\n\nRepeal the definition.\n\n179 Subsection 3D(22)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n180 Subsection 3D(22) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n181 Subsection 3D(22) (definition of prescribed information)\n\nRepeal the definition.\n\n182 Subsection 3D(22) (definition of prescribed investigation)\n\nRepeal the definition.\n\n183 Subsection 3D(22) (definition of relevant Act)\n\nRepeal the definition.\n\n184 Subsection 3D(22)\n\nInsert:\n\n> special ACC operation/investigation has the same meaning as in the ACC Act.\n\n185 Subsection 3D(22) (definition of special investigation)\n\nRepeal the definition.\n\n186 Subsection 3D(22) (definition of taxation secrecy provision)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n187 Subsection 3D(22) (definition of tax‑related investigation)\n\nOmit “a prescribed investigation”, substitute “an ACC operation/investigation”.\n\nTelecommunications Act 1997\n\n188 Section 7 (paragraph (c) of the definition of agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\n189 Subsection 282(10) (paragraph (c) of the definition of criminal law‑enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\nTelecommunications (Interception) Act 1979\n\n190 Subsection 5(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n191 Subsection 5(1)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n192 Subsection 5(1)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n193 Subsection 5(1) (definition of Authority)\n\nRepeal the definition.\n\n194 Subsection 5(1) (definition of Authority Act)\n\nRepeal the definition.\n\n195 Subsection 5(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n196 Subsection 5(1) (paragraph (b) of the definition of certifying officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or\n\n197 Subsection 5(1) (paragraph (b) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC; or\n\n198 Subsection 5(1) (definition of class 1 offence)\n\nOmit “Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act”, substitute “ACC, includes an offence in relation to which the ACC is conducting a special investigation”.\n\n199 Subsection 5(1) (paragraph (b) of the definition of Commonwealth agency)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC.\n\n200 Subsection 5(1)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n201 Subsection 5(1)\n\nInsert:\n\n> federally relevant criminal activity has the same meaning as in the ACC Act.\n\n202 Subsection 5(1) (definition of member of the Authority)\n\nRepeal the definition.\n\n203 Subsection 5(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n204 Subsection 5(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n205 Subsection 5(1) (paragraph (b) of the definition of officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or\n\n206 Subsection 5(1) (subparagraph (a)(v) of the definition of permitted purpose)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n207 Subsection 5(1) (after paragraph (a) of the definition of permitted purpose)\n\nInsert:\n\n (aa) in the case of the ACC:\n (i) an ACC operation/investigation; or\n (ii) a report to the Board of the ACC on the outcome of such an operation or investigation;\n\n208 Subsection 5(1) (paragraph (a) of the definition of prescribed investigation)\n\nRepeal the paragraph, substitute:\n\n (a) in the case of the ACC—means an ACC operation/investigation; or\n\n209 Subsection 5(1) (paragraph (b) of the definition of relevant offence)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Subsection 5(1)\n\nInsert:\n\n> special investigation means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.\n\n211 Subparagraph 6A(1)(c)(i)\n\nOmit “Authority”, substitute “ACC”.\n\n212 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n213 Paragraph 35(1)(a)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n214 Paragraph 39(2)(b)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of a police force who is a member of the staff of the ACC; or\n\n215 Paragraph 71(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the ACC.\n\n216 Subsection 80(2)\n\nOmit “Chair of the Authority shall cause to be kept in the Authority’s records”, substitute “Chief Executive Officer of the ACC must cause to be kept in the ACC’s records”.\n\n217 Paragraph 80(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n218 Paragraph 80(2)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n219 Paragraph 80(2)(e)\n\nOmit “Chair”, substitute “Chief Executive Officer”.\n\n220 Subsection 81(2)\n\nOmit “Chair of the Authority shall”, substitute “Chief Executive Officer of the ACC must”.\n\n221 Paragraphs 81(2)(a), (b) and (ba)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 81(2)(c)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n223 Paragraphs 81(2)(d) and (e)\n\nOmit “Authority”, substitute “ACC”.\n\n224 Paragraph 81(2)(f)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\nWitness Protection Act 1994\n\n225 Section 3 (paragraph (b) of the definition of approved authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the Australian Crime Commission; or\n\n \n\nPart 2—Transitional provisions\n\n226 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 3—Contingent amendments\n\nNote: The operation of the amendments in this Schedule depends on when the Proceeds of Crime Act 2002 commences.\n\nPart 1—Amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n1 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n2 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n3 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n4 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n5 Subsection 12(1B)\n\nOmit “Where, in carrying out or co‑ordinating an investigation in relation to a relevant criminal activity, the Authority obtains evidence that would be admissible in confiscation proceedings, it may”, substitute “Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n6 Paragraph 61(2)(ea)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n \n\nPart 2—Alternative amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n7 Subsection 4(1)\n\nInsert:\n\n> confiscation proceeding means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002, or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n8 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n9 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n10 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n11 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n12 After subsection 12(1)\n\nInsert:\n\n (1A) Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:\n (a) the Attorney‑General of the Commonwealth or the State, 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) who is authorised to commence the confiscation proceedings.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n13 Subsection 30(5)\n\nOmit all the words from and including “other than a proceeding”, substitute:\n\n other than:\n (c) confiscation proceedings; or\n (d) a proceeding in respect of:\n (i) in the case of an answer—the falsity of the answer; or\n (ii) in the case of the production of a document—the falsity of any statement contained in the document.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n14 After paragraph 61(2)(e)\n\nInsert:\n\n (ea) the extent to which investigations by the ACC have resulted in confiscation proceedings;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nProceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002\n\n15 Heading before item 33 of Schedule 6\n\nRepeal the heading.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n16 Items 33 to 39 of Schedule 6\n\nRepeal the items.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nTelecommunications (Interception) Act 1979\n\n17 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n(215/02)\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 26 September 2002\n\nSenate on 15 November 2002\\]","sortOrder":8},{"sectionNumber":"7B","sectionType":"section","heading":"Establishment of the Board","content":"#### 7B Establishment of the Board\n\n (1) The Board of the ACC is established by this section.\n Board members\n (2) The Board consists of the following members:\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory;\n (h) the CEO.\n Chair\n (3) The Commissioner of the Australian Federal Police is the Chair of the Board.","sortOrder":9},{"sectionNumber":"7C","sectionType":"section","heading":"Functions of the Board","content":"#### 7C Functions of the Board\n\n (1) The Board has the following functions:\n (a) to determine national criminal intelligence priorities;\n (b) to provide strategic direction to the ACC and to determine the priorities of the ACC;\n (c) to authorise, in writing, the ACC to undertake intelligence operations or to investigate matters relating to federally relevant criminal activity;\n (d) to determine, in writing, whether such an operation is a special operation or whether such an investigation is a special investigation;\n (e) to determine, in writing, the class or classes of persons to participate in such an operation or investigation;\n (f) to establish task forces;\n (g) to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC;\n (h) to report to the Inter‑Governmental Committee on the ACC’s performance;\n (i) such other functions as are conferred on the Board by other provisions of this Act.\n\n> Note: The CEO must determine, in writing, the head of an intelligence operation or an investigation into matters relating to federally relevant criminal activity: see subsection 46A(2A).\n\n Special operations\n (2) The Board may determine, in writing, that an intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special operation.\n\n Special investigations\n (3) The Board may determine, in writing, that an investigation into matters relating to federally relevant criminal activity is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective.\n\n> Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.\n\n> Note 2: See also Division 2 for the examination powers available if there is a special investigation.\n\n Further details\n (4) A determination under subsection (2) or (3) must:\n (a) describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity; and\n (b) state that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the Commonwealth, a law of a Territory or a law of a State but need not specify the particular offence or offences; and\n (c) set out the purpose of the operation or investigation.\n Informing the Inter‑Governmental Committee\n (5) The Chair of the Board must, within the period of 3 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee.\n When determination takes effect\n (6) A determination under subsection (2) or (3) has effect immediately after it is made.","sortOrder":10},{"sectionNumber":"7D","sectionType":"section","heading":"Board meetings","content":"#### 7D Board meetings\n\n (1) The Chair of the Board may convene meetings of the Board.\n (2) The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the following requirements:\n (a) the first meeting of the Board must be within 2 months after the commencement of this section;\n (b) there must be a minimum of 2 meetings each calendar year;\n (c) the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section.\n (3) The Board, at its first meeting, must determine, in writing, a schedule of Board meetings.","sortOrder":11},{"sectionNumber":"7E","sectionType":"section","heading":"Presiding at Board meetings","content":"#### 7E Presiding at Board meetings\n\n A 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 who is present and who is nominated, in writing, by the Chair to preside.","sortOrder":12},{"sectionNumber":"7F","sectionType":"section","heading":"Quorum at Board meetings","content":"#### 7F Quorum at Board meetings\n\n At a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO).","sortOrder":13},{"sectionNumber":"7G","sectionType":"section","heading":"Voting at Board meetings","content":"#### 7G Voting at Board meetings\n\n (1) Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present.\n Person presiding has a casting vote\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n CEO is not a voting member\n (3) The CEO is not entitled to vote on any question arising at a meeting of the Board.\n Voting for special ACC operations/investigations\n (4) The Board cannot determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination.","sortOrder":14},{"sectionNumber":"7H","sectionType":"section","heading":"Conduct of Board meetings","content":"#### 7H Conduct of Board meetings\n\n (1) The Board may regulate proceedings at its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (e.g. telephone).\n\n (2) The Board must ensure that minutes of its meetings are kept.","sortOrder":15},{"sectionNumber":"7J","sectionType":"section","heading":"Resolutions outside of Board meetings","content":"#### 7J Resolutions outside of Board meetings\n\n (1) This section applies to a resolution:\n (a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or\n (ii) if the resolution is that the Board determine that an intelligence operation is a special operation, or that an investigation into matters relating to federally relevant criminal activity is a special investigation—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members);\n indicate by telephone or other mode of communication to the Chair 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 meeting of the Board duly convened and held.","sortOrder":16},{"sectionNumber":"7K","sectionType":"section","heading":"Board committees","content":"#### 7K Board committees\n\n (1) The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board.\n (2) The Board may dissolve a committee at any time.\n Functions\n (3) The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO).\n (4) However, the Board cannot determine that a committee has the function of determining whether an intelligence operation is a special operation or whether an investigation into matters relating to federally relevant criminal activity is a special investigation.\n (5) In performing its functions, a committee must comply with any directions given to the committee by the Board.\n Voting\n (6) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.\n (7) However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member.\n Informing other Board members of decisions\n (8) A committee must inform the other members of the Board of its decisions.\n Conduct of committee meetings\n (9) A committee may regulate proceedings at its meetings as it considers appropriate.\n (10) A committee must ensure that minutes of its meetings are kept.\n\n36 Before section 8\n\nInsert:","sortOrder":17},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"The Inter‑Governmental Committee","content":"#### Subdivision C—The Inter‑Governmental Committee\n\n36A At the end of subsection 8(5)\n\nAdd “There must be a minimum of 2 meetings each calendar year.”.\n\n36B Subsection 8(7)\n\nRepeal the subsection, substitute:\n\n (7) A resolution:\n (a) which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and\n (b) of which:\n (i) if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or\n (ii) if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;\n is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.\n\n37 Subsection 8(9)\n\nOmit “The Chair and the other members of the Authority”, substitute “Any member of the Board”.\n\n38 Section 9\n\nRepeal the section, substitute:","sortOrder":18},{"sectionNumber":"9","sectionType":"section","heading":"Functions of Committee","content":"#### 9 Functions of Committee\n\n (1) The Committee has the following functions:\n (a) to monitor generally the work of the ACC and the Board;\n (b) to oversee the strategic direction of the ACC and the Board;\n (c) to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;\n (d) such other functions as are conferred on the Committee by other provisions of this Act.\n Request for more information about special determination\n (2) Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.\n (3) Subject to subsection (4), the Chair of the Board must comply with the request.\n (4) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information.\n (5) If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister.\n (6) If the Committee refers the request to the Minister, the Minister:\n (a) must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and\n (b) must provide copies of that determination to the Chair of the Board and the Committee; and\n (c) must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.\n Revoking the special determination\n (7) Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.\n (8) The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.\n\n> Note: One of the effects of the revocation is that the coercive powers in Division 2 of Part II are no longer able to be exercised in relation to the ACC operation/investigation concerned.\n\n (9) To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified.\n Committee under no duty to consider whether to exercise powers\n (10) The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.\n\n39 Section 10\n\nRepeal the section.\n\n40 Section 11\n\nRepeal the section.\n\n41 Before section 12\n\nInsert:","sortOrder":19},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Performance of functions and exercise of powers","content":"### Division 1A—Performance of functions and exercise of powers\n\n42 Subsection 12(1)\n\nOmit “Where, in carrying out an investigation in relation to a federally relevant criminal activity under paragraph 11(1)(b) or subsection 11(2), the Authority”, substitute “Where the ACC, in carrying out an ACC operation/investigation,”.\n\n43 Subsection 12(1)\n\nOmit “the Authority must”, substitute “the CEO must”.\n\n44 At the end of subsection 12(1)\n\nAdd:\n\n> Note: The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see section 59.\n\n45 Subsection 12(1A)\n\nRepeal the subsection.\n\n46 Subsection 12(2)\n\nRepeal the subsection.\n\n47 Subsection 12(3)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n48 Subsection 12(3)\n\nOmit “Authority may”, substitute “Board may”.\n\n49 Subsection 12(6)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n50 Section 13\n\nRepeal the section.\n\n51 Section 14\n\nRepeal the section.\n\n52 Paragraph 15(a)\n\nOmit “a member or members”, substitute “an examiner or examiners”.\n\nNote: The heading to section 15 is altered by omitting “Members” and substituting “Examiners”.\n\n53 Paragraph 15(b)\n\nOmit “member or members”, substitute “examiner or examiners”.\n\n54 Paragraph 15(b)\n\nOmit “Authority”, substitute “ACC”.\n\n55 Section 15\n\nOmit “member or members referred to” (first occurring), substitute “examiner or examiners referred to”.\n\n56 Section 15\n\nOmit “Authority of its functions or powers under this Act, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members”, substitute “ACC of its functions or powers under this Act, and the members of the staff of the ACC may be made available by the CEO in assisting the examiner or examiners”.\n\n57 Section 16\n\nRepeal the section, substitute:","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Limitation on challenge to Board determination","content":"#### 16 Limitation on challenge to Board determination\n\n If:\n (a) an intelligence operation is determined by the Board to be a special operation; or\n (b) an investigation into matters relating to federally relevant criminal activity is determined by the Board to be a special investigation;\n then, except in a proceeding instituted by the Attorney‑General of the Commonwealth or the Attorney‑General of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court on the ground that the determination was not lawfully made.\n\n58 Section 17\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n59 Subsection 18(1)\n\nOmit “Subject to subsections (2) and (3), the”, substitute “The”.\n\nNote: The heading to section 18 is altered by omitting “Authority” and substituting “Board”.\n\n60 Subsection 18(1)\n\nOmit “Authority” (wherever occurring), substitute “Board”.\n\n61 Subsections 18(2) and (3)\n\nRepeal the subsections, substitute:\n\n (2) However, the Minister must not, without the approval of a resolution passed at a meeting of the Inter‑Governmental Committee, being a resolution as to which all the members of the Committee present at the meeting have voted in favour, give any directions or furnish any guidelines to the Board under subsection (1) with respect to particular ACC operations/investigations.\n\n62 Subsection 18(4)\n\nOmit “Authority”, substitute “Board”.\n\n63 Section 19\n\nOmit “Authority has”, substitute “ACC has”.\n\nNote: The heading to section 19 is altered by omitting “Authority” and substituting “ACC”.\n\n64 Section 19\n\nOmit “general functions or of its special”.\n\n65 Section 19\n\nOmit “Authority by”, substitute “ACC by”.\n\n66 Subsection 19A(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 19A is altered by omitting “Authority” and substituting “Examiner”.\n\n67 Subsection 19A(1)\n\nOmit “Authority”, substitute “examiner”.\n\n68 Paragraph 19A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n69 Subsection 19A(2)\n\nOmit “A member”, substitute “An examiner”.\n\n70 Subsection 19A(2)\n\nOmit “Authority”, substitute “examiner”.\n\n71 Subsection 19A(2)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n72 Paragraph 19A(6)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n73 Subsection 19A(8) (definition of prescribed agency)\n\nOmit “Human Rights Commission”, substitute “Human Rights and Equal Opportunity Commission”.\n\n74 Subsection 19A(8) (paragraph (c) of the definition of relevant matters)\n\nOmit “prescribed investigation”, substitute “ACC operation/investigation”.\n\n75 Subsection 19A(8) (paragraph (c) of the definition of relevant request)\n\nOmit “Authority”, substitute “examiner”.\n\n76 Section 19A (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n77 Subsection 20(1)\n\nOmit “A member”, substitute “An examiner”.\n\nNote: The heading to section 20 is altered by omitting “Authority” and substituting “Examiner”.\n\n78 Subsection 20(1)\n\nOmit “Authority”, substitute “examiner”.\n\n79 Paragraph 20(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) is relevant to an ACC operation/investigation.\n\n80 Subsection 20(2)\n\nOmit “A member”, substitute “An examiner”.\n\n81 Paragraph 20(2)(a)\n\nOmit “a member of the Authority or a member of the staff of the Authority”, substitute “the examiner or a member of the staff of the ACC”.\n\n82 Paragraph 20(2)(b)\n\nOmit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”.\n\n83 Section 20 (penalty)\n\nOmit “$1,000”, substitute “10 penalty units”.\n\n84 Subsection 21(1)\n\nOmit “Authority”, substitute “Board”.\n\nNote: The heading to section 21 is altered by omitting “Authority” and substituting “Board”.\n\n85 Subsection 21(2)\n\nOmit “Authority” (first occurring), substitute “Board”.\n\n86 Subsection 21(2)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n87 Paragraph 22(1)(a)\n\nOmit “a matter relating to a federally relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n88 Paragraph 22(2)(c)\n\nOmit “the Authority”, substitute “any person participating in the special ACC operation/investigation”.\n\n89 Paragraph 22(5)(a)\n\nOmit “matter relating to a federally relevant criminal activity into which the Authority is conducting a special investigation”, substitute “special ACC operation/investigation”.\n\n90 Paragraph 22(8)(a)\n\nOmit “Authority” (wherever occurring), substitute “head of the special ACC operation/investigation”.\n\n91 Paragraph 22(8)(a)\n\nOmit “a special investigation”, substitute “the special ACC operation/investigation”.\n\n92 Paragraph 22(8)(b)\n\nOmit “Authority” (first occurring), substitute “head of the special ACC operation/investigation”.\n\n93 Paragraph 22(8)(b)\n\nOmit “an eligible person”, substitute “a person participating in the special ACC operation/investigation”.\n\n94 Subparagraph 22(8)(b)(ii)\n\nOmit “eligible person”, substitute “person participating in the special ACC operation/investigation”.\n\n95 Paragraph 22(8)(b)\n\nOmit “Authority” (second occurring), substitute “CEO”.\n\n96 Subsection 22(9)\n\nOmit “An eligible person”, substitute “A person participating in the special ACC operation/investigation”.\n\n97 Subsection 22(9)\n\nOmit “the eligible person”, substitute “the person participating in the special ACC operation/investigation”.\n\n98 Subsection 22(13)\n\nOmit “a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”.\n\n99 Subsection 22(13)\n\nOmit “the relevant criminal activity”, substitute “the special ACC operation/investigation”.\n\n100 At the end of subsection 22(14)\n\nAdd “The issuing officer need not accept the function conferred.”.\n\n101 Paragraph 23(3)(d)\n\nOmit “Authority”, substitute “CEO”.\n\n102 Subsection 23(4)\n\nOmit “Authority”, substitute “ACC”.\n\n103 Subsection 24(1)\n\nOmit “a member”, substitute “an examiner”.\n\nNote: The heading to section 24 is altered by omitting “Authority” and substituting “examiner”.\n\n104 Paragraph 24(1)(a)\n\nOmit “an investigation that is being conducted by the Authority into a matter that was referred to the Authority (being a matter relating to a federally relevant criminal activity)”, substitute “a special ACC operation/investigation”.\n\n105 Paragraph 24(1)(a)\n\nOmit “the Authority or a hearing officer at a hearing (whether or not the summons has been served), or a person has appeared before the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination”.\n\n106 Paragraph 24(1)(b)\n\nOmit “Authority or the hearing officer” (wherever occurring), substitute “examiner”.\n\n107 Paragraph 24(1)(b)\n\nOmit “matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation”, substitute “special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation”.\n\n108 Subsection 24(1)\n\nOmit “passport to the Authority”, substitute “passport to the examiner”.\n\n109 Paragraph 24(2)(d)\n\nOmit “Authority”, substitute “examiner”.\n\n110 Subsection 24(2) (penalty)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n111 Paragraph 24(3)(a)\n\nOmit “Authority”, substitute “examiner”.\n\n112 Paragraph 24(3)(b)\n\nOmit “Authority”, substitute “examiner”.\n\n113 Subsection 24(4)\n\nOmit “a member”, substitute “the examiner”.\n\n114 Subsection 24(4)\n\nOmit “Authority” (wherever occurring), substitute “examiner”.\n\n115 Subsection 24(5)\n\nOmit “Authority”, substitute “examiner”.\n\n116 Subsection 24(5)\n\nOmit “a member”, substitute “the examiner”.\n\n117 Division 2 of Part II (heading)\n\nRepeal the heading, substitute:","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Examinations","content":"### Division 2—Examinations\n\n118 Section 24A\n\nRepeal the section, substitute:","sortOrder":22},{"sectionNumber":"24A","sectionType":"section","heading":"Examinations","content":"#### 24A Examinations\n\n An examiner may conduct an examination for the purposes of a special ACC operation/investigation.\n\n119 Section 25\n\nRepeal the section.\n\n120 Section 25A\n\nRepeal the section, substitute:","sortOrder":23},{"sectionNumber":"25A","sectionType":"section","heading":"Conduct of examination","content":"#### 25A Conduct of examination\n\n Conduct of proceedings\n (1) An examiner may regulate the conduct of proceedings at an examination as he or she thinks fit.\n Representation at examination\n (2) At an examination before an examiner:\n (a) a person giving evidence may be represented by a legal practitioner; and\n (b) if, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.\n Persons present at examination\n (3) An examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination.\n (4) Nothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination 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 person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present.\n (5) If an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4).\n Witnesses\n (6) At an examination before an examiner:\n (a) counsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or\n (b) any person authorised by the examiner to appear before the examiner at the examination; or\n (c) any legal practitioner representing a person at the examination in accordance with subsection (2);\n may, so far as the examiner thinks appropriate, examine or cross‑examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.\n (7) If a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must:\n (a) inform the witness that the person is present; and\n (b) give the witness an opportunity to comment on the presence of the person.\n (8) To avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if:\n (a) the examiner fails to comply with subsection (7); or\n (b) a witness comments adversely on the presence of the person under paragraph (7)(b).\n Confidentiality\n (9) 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 any thing, produced to the examiner; or\n (c) any information that might enable a person who has given evidence before the examiner to be identified; or\n (d) the fact that any person has given or may be about to give evidence at an examination;\n must not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.\n (10) Subject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9).\n (11) The CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n Courts\n (12) If:\n (a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and\n (b) the court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person;\n the court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.\n (13) If:\n (a) the examiner or the CEO makes evidence available to a court in accordance with subsection (12); and\n (b) the court, after examining the evidence, is satisfied that the interests of justice so require;\n the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.\n Offence\n (14) A person who:\n (a) is present at an examination in contravention of subsection (5); or\n (b) makes a publication in contravention of a direction given under subsection (9);\n is guilty of an offence punishable, upon summary conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.\n End of examination\n (15) At the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation:\n (a) a record of the proceedings of the examination; and\n (b) any documents or other things given to the examiner at, or in connection with, the examination.\n\n121 Subsection 26(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n122 Subsection 26(1)\n\nOmit “Chair”, substitute “CEO”.\n\n123 Subsection 26(2)\n\nOmit “Chair” (wherever occurring), substitute “CEO”.\n\n124 Subsection 27(1)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n125 Subsection 27(3)\n\nOmit “the Authority or the hearing officer”, substitute “the examiner”.\n\n126 Subsection 28(1)\n\nOmit “A member”, substitute “An examiner”.\n\n127 Subsection 28(1)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “the examiner at an examination”.\n\n127A After subsection 28(1)\n\nInsert:\n\n (1A) Before issuing a summons under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the summons.\n\n128 Subsection 28(2)\n\nRepeal the subsection, substitute:\n\n (2) A summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the intelligence operation is a special operation or that the investigation into matters relating to federally relevant criminal activity is a special investigation.\n\n129 Subsection 28(3)\n\nOmit “the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination”.\n\n130 Subsection 28(3)\n\nOmit “the member”, substitute “the examiner”.\n\n131 Subsection 28(3)\n\nOmit “a special investigation to which the hearing”, substitute “the special ACC operation/investigation to which the examination”.\n\n132 Subsection 28(3)\n\nOmit “the special investigation”, substitute “the special ACC operation/investigation”.\n\n133 Subsection 28(3)\n\nOmit “the Authority or the hearing officer” (wherever occurring), substitute “the examiner”.\n\n134 Subsection 28(3)\n\nOmit “relates to a special investigation”, substitute “relates to a special ACC operation/investigation”.\n\n135 Subsection 28(4)\n\nRepeal the subsection, substitute:\n\n (4) The examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing.\n\n136 Subsection 28(5)\n\nRepeal the subsection, substitute:\n\n (5) An examiner may, at an examination, take evidence on oath or affirmation and for that purpose:\n (a) the examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and\n (b) the examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.\n\n137 Subsection 28(6)\n\nRepeal the subsection, substitute:\n\n (6) In this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO.\n\n138 Subsection 28(7)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n139 Subsection 29(1)\n\nOmit “A member”, substitute “An examiner”.\n\n140 Paragraph 29(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and\n\n141 Paragraph 29(1)(b)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n141A After subsection 29(1)\n\nInsert:\n\n (1A) Before issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice.\n\n142 Subsection 29(2)\n\nRepeal the subsection, substitute:\n\n (2) A notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.\n\n143 Subsection 29(3A)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n144 Subsection 29(3C)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n145 Subsection 29(4)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n146 Subsection 29A(1)\n\nOmit “member”, substitute “examiner”.\n\n147 Paragraph 29A(2)(a)\n\nOmit “member”, substitute “examiner”.\n\n148 Subparagraph 29A(2)(a)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n149 Paragraph 29A(2)(b)\n\nOmit “member”, substitute “examiner”.\n\n150 Subparagraph 29A(2)(b)(iii)\n\nOmit “an investigation”, substitute “an operation or investigation”.\n\n151 Paragraph 29A(2)(c)\n\nOmit “member”, substitute “examiner”.\n\n152 Subsection 29A(4)\n\nOmit “Authority has concluded the investigation”, substitute “ACC has concluded the operation or investigation”.\n\n153 Paragraph 29A(4)(a)\n\nOmit “or (1A)”.\n\n154 Paragraph 29A(4)(b)\n\nOmit “or (1A) and the Authority”, substitute “and the CEO”.\n\n155 Paragraph 29A(4)(c)\n\nOmit “or (1A)”.\n\n156 Paragraph 29A(4)(d)\n\nOmit “or (1A)”.\n\n157 Subparagraph 29A(4)(d)(ii)\n\nOmit “Authority”, substitute “CEO”.\n\n158 Subsection 29A(4)\n\nOmit “relating to the investigation”, substitute “relating to the operation or investigation”.\n\n159 Subsection 29A(5)\n\nOmit “Authority”, substitute “CEO”.\n\n160 Subsection 29A(6)\n\nRepeal the subsection.\n\n161 At the end of section 29A\n\nAdd:\n\n (8) In this section:\n\n> official matter has the same meaning as in section 29B.\n\n162 Subsection 29B(1) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n163 Paragraph 29B(2)(e)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n164 Subsection 29B(3) (penalty)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n165 Subsection 29B(7) (paragraph (a) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (a) the determination referred to in subsection 28(2);\n\n166 Subsection 29B(7) (paragraph (b) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (b) an ACC operation/investigation;\n\n167 Subsection 29B(7) (paragraph (c) of the definition of official matter)\n\nRepeal the paragraph, substitute:\n\n (c) an examination held by an examiner;\n\n168 Subsection 30(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n169 Paragraph 30(1)(b)\n\nOmit “a member or the hearing officer, as the case may be”, substitute “the examiner”.\n\n170 Subsection 30(2)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n171 Paragraph 30(2)(b)\n\nOmit “member presiding at the hearing or the hearing officer”, substitute “examiner”.\n\n172 Paragraph 30(3)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n173 Subsection 30(3)\n\nOmit “member presiding at the hearing or the hearing officer, furnish to the Authority or the hearing officer”, substitute “examiner, give the examiner”.\n\n174 Subsection 30(4)\n\nOmit “a hearing before the Authority or a hearing officer, or documents or things produced at a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner, or documents or things produced at an examination before an examiner”.\n\n175 Paragraph 30(4)(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n176 Subparagraph 30(4)(a)(i)\n\nOmit “member presiding at the hearing or the hearing officer who is holding the hearing”, substitute “examiner”.\n\n177 Subsection 30(6)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n178 Subsection 30(8)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n179 Subsection 31(1)\n\nOmit “by or on behalf of the Authority”, substitute “by an examiner”.\n\n180 Paragraph 31(1)(a)\n\nOmit “Authority” (first occurring), substitute “examiner”.\n\n181 Paragraph 31(1)(a)\n\nOmit “Authority or a hearing officer”, substitute “examiner”.\n\n182 Paragraph 31(3)(a)\n\nOmit “Authority or the hearing officer”, substitute “examiner”.\n\n183 Subsection 33(1)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before an examiner”.\n\n184 Subsection 33(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n185 Subsection 33(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n186 Section 34\n\nOmit “a member or a hearing officer”, substitute “an examiner”.\n\n187 Paragraph 34(a)\n\nOmit “a hearing before the Authority or a hearing officer”, substitute “an examination before the examiner”.\n\n188 Paragraph 34(b)\n\nOmit “Authority otherwise than at a hearing before the Authority or a hearing officer”, substitute “ACC otherwise than at an examination before the examiner”.\n\n189 Section 34\n\nOmit “member or the hearing officer, as the case may be,”, substitute “examiner”.\n\n190 Subsection 35(1)\n\nRepeal the subsection, substitute:\n\n (1) A person must not:\n (a) obstruct or hinder:\n (i) the ACC in the performance of its functions; or\n (ii) an examiner in the performance of his or her functions as an examiner; or\n (b) disrupt an examination before an examiner.\n\nNote: The heading to section 35 is replaced by the heading “Obstructing or hindering the ACC or an examiner etc.”.\n\n191 Subsection 35(2)\n\nOmit “$20,000”, substitute “200 penalty units”.\n\n192 Subsection 35(4)\n\nOmit “$2,000”, substitute “20 penalty units”.\n\n193 Subsection 36(1)\n\nOmit “A member or a hearing officer”, substitute “An examiner”.\n\nNote: The heading to section 36 is altered by omitting “members” and substituting “examiners”.\n\n194 Subsection 36(1)\n\nOmit “a member or a hearing officer in relation to a hearing before the Authority or the hearing officer”, substitute “an examiner in relation to an examination before the examiner”.\n\n195 Subsection 36(2)\n\nOmit “Authority or a hearing officer or representing a person at a hearing before the Authority or a hearing officer”, substitute “ACC or an examiner or representing a person at an examination before an examiner”.\n\n196 Subsection 36(3)\n\nOmit “the Authority or a hearing officer”, substitute “an examiner”.\n\n197 Sections 37 to 46A\n\nRepeal the sections, substitute:","sortOrder":24},{"sectionNumber":"37","sectionType":"section","heading":"Appointment of CEO","content":"#### 37 Appointment of CEO\n\n (1) The Chief Executive Officer of the ACC is to be appointed by the Governor‑General by written instrument.\n (2) Before the Governor‑General makes such an appointment, the Minister must:\n (a) invite the Board to make nominations for appointment; and\n (b) consult the members of the Inter‑Governmental Committee in relation to the appointment.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO is to be appointed on a full‑time basis.","sortOrder":26},{"sectionNumber":"38","sectionType":"section","heading":"Remuneration and allowances of CEO","content":"#### 38 Remuneration and allowances of CEO\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":27},{"sectionNumber":"39","sectionType":"section","heading":"Leave of absence","content":"#### 39 Leave of absence\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Minister may grant the CEO leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the Minister determines in writing.","sortOrder":28},{"sectionNumber":"40","sectionType":"section","heading":"Resignation","content":"#### 40 Resignation\n\n The CEO may resign his or her appointment by giving the Governor‑General a written resignation.","sortOrder":29},{"sectionNumber":"41","sectionType":"section","heading":"Disclosure of interests","content":"#### 41 Disclosure of interests\n\n The CEO must give written notice to the Minister, and to the Chair of the Board, of all interests, pecuniary or otherwise, that the CEO has or acquires and that could conflict with the proper performance of the CEO’s duties.","sortOrder":30},{"sectionNumber":"42","sectionType":"section","heading":"Outside employment","content":"#### 42 Outside employment\n\n The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.","sortOrder":31},{"sectionNumber":"43","sectionType":"section","heading":"Suspension of appointment","content":"#### 43 Suspension of appointment\n\n (1) The Minister may, by notice in writing, suspend the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n (1A) However, the Minister must not suspend the appointment of the CEO unless the Minister has:\n (a) asked the Board for its advice in relation to the proposed suspension; and\n (b) considered the Board’s advice.\n (2) The Minister must specify in the notice whether the suspension is with or without remuneration and allowances.\n (3) The appointment is suspended for such period (not exceeding 3 months) as the Minister considers appropriate in all of the circumstances. That period must be specified in the notice.","sortOrder":32},{"sectionNumber":"44","sectionType":"section","heading":"Termination of appointment","content":"#### 44 Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence granted under section 39, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 41; or\n (d) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Unsatisfactory performance\n (3) The Governor‑General may terminate the appointment of the CEO if the Minister is of the opinion that the performance of the CEO has been unsatisfactory.\n Invalidity\n (4) In spite of anything contained in this section, if the CEO:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (5) In spite of anything contained in this section, if the CEO:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n then he or she is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.","sortOrder":33},{"sectionNumber":"45","sectionType":"section","heading":"Other terms and conditions","content":"#### 45 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.","sortOrder":34},{"sectionNumber":"46","sectionType":"section","heading":"Acting CEO","content":"#### 46 Acting CEO\n\n (1) The Minister may appoint a person to act as the CEO:\n (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO is suspended from office, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n (2) Anything done by a person purporting to act under an appointment under subsection (1) is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\n\n> Note: For more information about acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":35},{"sectionNumber":"46A","sectionType":"section","heading":"CEO to manage ACC etc.","content":"#### 46A CEO to manage ACC etc.\n\n (1) The CEO is responsible for the management and administration of the ACC. The CEO is to act in accordance with any policies determined, and any directions given, in writing by the Board.\n (2) The CEO must also manage, co‑ordinate and control ACC operations/investigations.\n (2A) As soon as practicable after the Board authorises, in writing, the ACC to undertake an intelligence operation or to investigate matters relating to federally relevant criminal activity, the CEO must determine, in writing, the head of such an operation or investigation.\n (2B) Before the CEO determines the head of such an operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination.\n (3) Subject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation.","sortOrder":36},{"sectionNumber":"46B","sectionType":"section","heading":"Appointment of examiners","content":"#### 46B Appointment of examiners\n\n (1) An examiner is to be appointed by the Governor‑General by written instrument.\n Consulting the Inter‑Governmental Committee\n (2) Before the Governor‑General makes such an appointment, the Minister must consult the members of the Inter‑Governmental Committee in relation to the appointment.\n Legal practitioner\n (3) A person must not be appointed as an examiner unless he or she is enrolled as a legal practitioner, and has been so for at least 5 years.\n Period of appointment\n (4) An examiner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. In addition, the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n Full‑time appointments\n (5) An examiner is to be appointed on a full‑time basis.","sortOrder":38},{"sectionNumber":"46C","sectionType":"section","heading":"Remuneration and allowances of examiners","content":"#### 46C Remuneration and allowances of examiners\n\n (1) An examiner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, an examiner is to be paid the remuneration that is prescribed by the regulations.\n (2) An examiner is to be paid the allowances that are prescribed by the regulations.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":39},{"sectionNumber":"46D","sectionType":"section","heading":"Leave of absence","content":"#### 46D Leave of absence\n\n (1) An examiner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The CEO may grant an examiner leave of absence (other than recreation leave) on the terms and conditions, as to remuneration or otherwise, that the CEO determines in writing.","sortOrder":40},{"sectionNumber":"46E","sectionType":"section","heading":"Resignation","content":"#### 46E Resignation\n\n An examiner may resign his or her appointment by giving the Governor‑General a written resignation.","sortOrder":41},{"sectionNumber":"46F","sectionType":"section","heading":"Disclosure of interests","content":"#### 46F Disclosure of interests\n\n An examiner must give written notice to the CEO of all interests, pecuniary or otherwise, that the examiner has or acquires and that could conflict with the proper performance of the examiner’s duties.","sortOrder":42},{"sectionNumber":"46G","sectionType":"section","heading":"Outside employment","content":"#### 46G Outside employment\n\n An examiner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.","sortOrder":43},{"sectionNumber":"46H","sectionType":"section","heading":"Termination of appointment","content":"#### 46H Termination of appointment\n\n Misbehaviour or incapacity\n (1) The Governor‑General may terminate the appointment of an examiner for misbehaviour or physical or mental incapacity.\n Bankruptcy etc.\n (2) The Governor‑General must terminate the appointment of an examiner if:\n (a) the examiner:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the examiner is absent, except on leave of absence granted under section 46D, for 14 consecutive days, or for 28 days in any 12 months; or\n (c) the examiner fails, without reasonable excuse, to comply with section 46F; or\n (d) the examiner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n Invalidity\n (3) In spite of anything contained in this section, an examiner who:\n (a) is an eligible employee for the purposes of the Superannuation Act 1976; and\n (b) has not reached his or her maximum retiring age within the meaning of that Act;\n is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.\n (4) In spite of anything contained in this section, an examiner who:\n (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and\n (b) is under 60 years of age;\n is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.","sortOrder":44},{"sectionNumber":"46J","sectionType":"section","heading":"Other terms and conditions—general","content":"#### 46J Other terms and conditions—general\n\n An examiner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.\n\n198 Before section 47\n\nInsert:","sortOrder":45},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Secrecy","content":"#### Subdivision D—Secrecy\n\n208 Paragraph 51(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the CEO; and\n (aa) a member of the Board; and\n\n209 Paragraph 51(1)(b)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Paragraph 51(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) an examiner.\n\n211 Subsection 51(2)\n\nOmit “$5,000”, substitute “50 penalty units”.\n\n212 Subsection 51(3)\n\nOmit “Authority, or a member, acting member or hearing officer”, substitute “ACC, or the CEO, the acting CEO, a member of the Board or an examiner”.\n\n213 Paragraph 51(3)(b)\n\nOmit “investigation carried out by the Authority”, substitute “operation or investigation carried out by the ACC”.\n\n214 Subsection 51(4)\n\nInsert:\n\n> member of the staff of the ACC means:\n\n (a) a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or\n (b) a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.\n\n215 Subsection 51(4) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n216 Part III (heading)\n\nRepeal the heading, substitute:","sortOrder":47},{"sectionNumber":"Part III","sectionType":"part","heading":"Parliamentary Joint Committee on the Australian Crime Commission","content":"## Part III—Parliamentary Joint Committee on the Australian Crime Commission\n\n217 Section 52 (definition of the Committee)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n218 Subsection 53(1)\n\nRepeal the subsection, substitute:\n\n (1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Crime Commission is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.\n\nNote: The heading to section 53 is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n219 Paragraphs 55(1)(a) and (b)\n\nOmit “Authority”, substitute “ACC”.\n\n220 Paragraph 55(1)(c)\n\nOmit “of the Authority”, substitute “on the ACC”.\n\n221 Paragraph 55(1)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 55(2)(a)\n\nAfter “to” (first occurring), insert “undertake an intelligence operation or to”.\n\n223 Paragraph 55(2)(b)\n\nOmit “Authority in relation to a particular investigation”, substitute “ACC in relation to a particular ACC operation/investigation”.\n\n224 Section 55AA\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n225 Paragraph 55A(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n226 Paragraph 55A(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n227 Paragraph 55A(1)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n228 Subsections 55A(2) to (5)\n\nRepeal the subsections, substitute:\n\n ACC\n (2) A law of a State may confer on the ACC any or all of the following duties, functions or powers:\n (a) the function of investigating a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (b) a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph;\n (c) the function of undertaking an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n (d) a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:\n (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (3) The ACC cannot, under a law of a State:\n (a) investigate a matter relating to a relevant criminal activity; or\n (b) undertake an intelligence operation;\n unless the Board has consented to the ACC doing so.\n Board, Chair of the Board, CEO, examiners and members of staff of the ACC\n (4) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5) A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5A) The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State:\n (a) relating to the investigation of a matter relating to a relevant criminal activity; or\n (b) relating to the undertaking of an intelligence operation;\n unless the Board has consented to the CEO or the examiner doing so.\n Judge of the Federal Court or Federal Magistrate\n (5B) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n (5C) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:\n (a) relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and\n (b) is either:\n (i) of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or\n (ii) of a kind specified in regulations made for the purposes of this subparagraph.\n\n229 Subsection 55A(6)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n230 Subsection 55A(7)\n\nOmit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.\n\n231 Paragraph 55A(8)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n232 Paragraph 55A(8)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n233 Paragraph 55A(8)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n234 Paragraph 55A(9)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n235 Paragraph 55A(9)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or\n\n236 Paragraph 55A(9)(c)\n\nAfter “Court”, insert “or a Federal Magistrate”.\n\n237 Subsection 55A(9)\n\nAfter “federally relevant criminal activities”, insert “or to the undertaking of an intelligence operation”.\n\n238 Subsection 55A(10)\n\nRepeal the subsection, substitute:\n\n State officers do not lose State powers\n (10) Nothing in this Act results in a person, who is an officer of a State and who becomes a member of the staff of the ACC, ceasing to be able to perform any duty or function, or to exercise any power, that is conferred on the person under a law of the State in his or her capacity as such an officer.\n\n239 Subsection 55A(12)\n\nRepeal the subsection, substitute:\n\n Interpretation\n (12) A reference in this section to a law of a State conferring a duty, function or power includes a reference to the conferral of a duty, function or power under a law of a State.\n\n240 Subsection 55A(13)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n241 Subsection 55A(13) (definition of State NCA Act)\n\nRepeal the definition.\n\n242 At the end of section 55A\n\nAdd:\n\n (14) In this section (other than subsection (9)):\n\n> intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity.\n\n243 Section 55B\n\nRepeal the section, substitute:","sortOrder":48},{"sectionNumber":"55B","sectionType":"section","heading":"Choice of Commonwealth and State powers","content":"#### 55B Choice of Commonwealth and State powers\n\n If:\n (a) the ACC is investigating a matter relating to federally relevant criminal activity, or is undertaking an intelligence operation, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of a State; and\n (b) for the purposes of that investigation or operation, the ACC or the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State;\n this Act or that other Act does not require the ACC or the Board, the Chair of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.\n\n244 Paragraph 55C(1)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the ACC; or\n\n245 Paragraph 55C(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC;\n\n246 Paragraph 55C(1)(c)\n\nAfter “matter”, insert “, or to the collection, correlation, analysis or dissemination of criminal information and intelligence,”.\n\n247 Subsection 55C(2)\n\nAfter “Federal Court”, insert “or a Federal Magistrate”.\n\n248 Subsection 55C(2)\n\nOmit “Authority of a matter”, substitute “ACC of a matter, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence,”.\n\n249 Subsection 55C(3)\n\nInsert:\n\n> Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.\n\n250 Section 56\n\nRepeal the section.\n\n251 Section 57\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n252 Subsection 58(1)\n\nRepeal the subsection, substitute:\n\n (1) The Minister may make an arrangement with the appropriate Minister of the Crown of a State under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.\n\n253 Subsections 59(1), (1A) and (2)\n\nRepeal the subsections, substitute:\n\n (1) The Chair of the Board must keep the Minister informed of the general conduct of the ACC in the performance of the ACC’s functions. If the Minister requests the Chair to provide to him or her information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, the Chair must comply with the request.\n (1A) Subject to subsection (2), if a Minister of the Crown of a State who is a member of the Inter‑Governmental Committee requests the Chair of the Board to provide him or her with information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board must comply with the request.\n (2) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (1A).\n\n254 Subsection 59(3)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n255 Paragraph 59(3)(a)\n\nOmit “investigation that has been or is being conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n256 Paragraph 59(3)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n257 Paragraph 59(3)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n258 Subsection 59(4)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n259 Subsection 59(4)\n\nOmit “special investigation conducted by the Authority”, substitute “special ACC operation/investigation conducted by the ACC”.\n\n260 Subsection 59(5)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n261 Subsection 59(5)\n\nOmit “Authority” (second occurring), substitute “ACC”.\n\n262 Subsection 59(5)\n\nOmit “Authority” (last occurring), substitute “Chair of the Board”.\n\n263 Subsection 59(5)\n\nOmit “Commonwealth Minister or Minister of the Crown of the State by whom the relevant reference was made”, substitute “Minister”.\n\n264 Subsection 59(6)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n265 Subsection 59(6A)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n266 Paragraph 59(6A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\n267 Paragraph 59(6A)(a)\n\nOmit “investigation that has been conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.\n\n268 Paragraph 59(6A)(b)\n\nOmit “Authority” (first occurring), substitute “Chair of the Board”.\n\n269 Paragraph 59(6A)(b)\n\nOmit “Authority” (last occurring), substitute “ACC”.\n\n270 Subsection 59(6B)\n\nAfter “Chair”, insert “of the Board”.\n\n271 Subsection 59(6B)\n\nOmit “Authority”, substitute “Chair”.\n\n272 Subsection 59(6C)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n273 Paragraph 59(6D)(b)\n\nAfter “Chair”, insert “of the Board”.\n\n274 Subsection 59(7)\n\nRepeal the subsection, substitute:\n\n (7) The CEO may give to:\n (a) any law enforcement agency; or\n (b) any foreign law enforcement agency; or\n (c) any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations;\n any information that is in the ACC’s possession and that is relevant to the activities of that agency or body if:\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 law of the Commonwealth, a State or a Territory that would otherwise apply.\n\n275 Subsection 59(8)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n276 Subsection 59(8)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n277 Subsection 59(8)\n\nOmit “Authority”, substitute “ACC”.\n\n278 Subsection 59(9)\n\nOmit “Authority” (first occurring), substitute “ACC”.\n\n279 Subsection 59(9)\n\nOmit “investigations”, substitute “operations or investigations”.\n\n280 Subsection 59(9)\n\nOmit “Authority may, if it”, substitute “CEO may, if he or she”.\n\n281 Paragraph 59(9)(e)\n\nOmit “Authority”, substitute “CEO”.\n\n282 Subsection 59(10)\n\nOmit “made by the Authority”.\n\n283 Subsection 59(11)\n\nOmit “Notwithstanding section 11, the Chair”, substitute “The CEO”.\n\n284 Subsection 59(11)\n\nOmit “Chair” (second occurring), substitute “CEO”.\n\n285 Subsection 59(11)\n\nOmit “Authority’s”, substitute “ACC’s”.\n\n286 Subsection 59(12)\n\nRepeal the subsection.\n\n287 Section 59A\n\nRepeal the section, substitute:","sortOrder":49},{"sectionNumber":"59A","sectionType":"section","heading":"Delegation","content":"#### 59A Delegation\n\n The CEO may, by writing, delegate to a member of the staff of the ACC who is an SES employee, or an acting SES employee, all or any of the CEO’s powers or functions under this Act.","sortOrder":50},{"sectionNumber":"59B","sectionType":"section","heading":"Liability for damages","content":"#### 59B Liability for damages\n\n A member of the Board is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Act.\n\n288 Subsection 60(1)\n\nRepeal the subsection, substitute:\n\n (1) The Board may hold meetings in public for the purpose of informing the public about, or receiving submissions in relation to, the performance of the ACC’s functions.\n\nNote: The heading to section 60 is altered by omitting “sittings” and substituting “meetings”.\n\n289 Subsections 60(2) to (3D)\n\nRepeal the subsections.\n\n290 Subsection 60(4)\n\nRepeal the subsection, substitute:\n\n (4) The Board may publish bulletins for the purpose of informing the public about the performance of the ACC’s functions.\n\n291 Subsection 60(5)\n\nOmit “Authority”, substitute “Board”.\n\n292 Paragraph 60(5)(a)\n\nOmit “sitting”, substitute “meeting”.\n\n293 Subsection 61(1)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n294 Subsection 61(1)\n\nOmit “its operations”, substitute “the ACC’s operations”.\n\n295 Subsection 61(2)\n\nOmit “report by the Authority”, substitute “report by the Chair of the Board”.\n\n296 Paragraph 61(2)(a)\n\nRepeal the paragraph, substitute:\n\n (a) a description of any investigation into matters relating to federally relevant criminal activity that the ACC conducted during the year and that the Board determined to be a special investigation;\n\n297 Paragraph 61(2)(b)\n\nOmit “Authority during that year in the course of its investigations”, substitute “ACC during that year in the performance of its functions”.\n\n298 Paragraph 61(2)(c)\n\nOmit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.\n\n299 Paragraph 61(2)(d)\n\nOmit “Chair”, substitute “CEO”.\n\n300 Paragraph 61(2)(e)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\n301 Paragraph 61(2)(f)\n\nRepeal the paragraph.\n\n302 Subparagraph 61(2)(g)(iii)\n\nOmit “Authority”, substitute “ACC”.\n\n303 Subsection 61(3)\n\nOmit “Authority”, substitute “Chair of the Board”.\n\n304 Subsection 61(4)\n\nOmit “Authority” (wherever occurring), substitute “Chair of the Board”.\n\n305 Subsection 61(5)\n\nRepeal the subsection.\n\n306 Paragraph 61(6)(a)\n\nOmit “of the Authority”, substitute “by the Chair of the Board”.\n\n307 Paragraph 61(6)(a)\n\nAfter “her”, insert “from the Inter‑Governmental Committee”.\n\n307A After section 61\n\nInsert:","sortOrder":51},{"sectionNumber":"61A","sectionType":"section","heading":"Review of operation of Act","content":"#### 61A Review of operation of Act\n\n (1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as practicable after 1 January 2006.\n (2) The persons who undertake such a review must give the Minister a written report of the review.\n (3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.\n (4) However, this section does not apply if a committee of one or both Houses of the Parliament has reviewed the operation of this Act, or started such a review, before 1 January 2006.\n\n \n\nPart 2—Transitional provisions\n\n308 Definitions\n\nIn this Part:\n\nACC means the Australian Crime Commission.\n\nACC Act means the Australian Crime Commission Act 2002.\n\ncommencement time means the time when this Part commences.\n\nNCA means the National Crime Authority.\n\nNCA Act means the National Crime Authority Act 1984 as in force before the commencement time.\n\nNCA consultant means a person in respect of whom an engagement was in force under section 48 of the NCA Act immediately before the commencement time.\n\nNCA hearing officer means a person who held an appointment under subsection 25A(1) of the NCA Act immediately before the commencement time.\n\n309 Appointment of first CEO of ACC\n\n(1) The first appointment of the Chief Executive Officer of the ACC under section 37 of the ACC Act may be made in accordance with section 4 of the Acts Interpretation Act 1901.\n\n> Note: Subsection 4(1) of the Acts Interpretation Act 1901 would allow the appointment to occur during the period beginning on the day this Act receives the Royal Assent and ending on 31 December 2002. However, the appointment could not take effect until at least 1 January 2003: see subsection 4(2) of the Acts Interpretation Act 1901.\n\n(2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be satisfied if the Minister invites each of the following persons to make nominations for that appointment:\n\n (a) the Commissioner of the Australian Federal Police;\n (b) the Secretary of the Department;\n (c) the Chief Executive Officer of the Australian Customs Service;\n (d) the Chairperson of the Australian Securities and Investments Commission;\n (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;\n (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory;\n (g) the Chief Police Officer of the Australian Capital Territory.\n\n310 NCA hearing officers\n\n(1) At the commencement time, an NCA hearing officer is taken to be appointed as an examiner under subsection 46B(1) of the ACC Act.\n\n(2) A person who becomes an examiner under this item holds that office:\n\n (a) subject to Subdivision B of Division 3 of Part II of the ACC Act, on the same terms and conditions as applied to his or her appointment as an NCA hearing officer immediately before the commencement time; and\n (b) for the unexpired part of the term of his or her appointment under the NCA Act.\n\n(3) This item does not prevent those terms and conditions being varied after the commencement time.\n\n(4) An appointment of a person as an examiner under this item is taken, for the purposes of subsection 46B(4) of the ACC Act, to be the person’s first appointment.\n\n> Note: Subsection 46B(4) of the ACC Act provides that the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years.\n\n311 NCA consultants\n\n(1) At the commencement time, a person who is an NCA consultant is taken to be engaged as a consultant under section 48 of the ACC Act.\n\n(2) The person is taken to have been engaged on the same terms and conditions that applied in relation to the person immediately before the commencement time.\n\n312 NCA legal practitioners\n\nAn appointment in force under section 50 of the NCA Act immediately before the commencement time is taken, at that time, to be an appointment made under section 50 of the ACC Act.\n\n313 Continuation of references made to the NCA\n\n(1) This item applies to an investigation (the NCA investigation) under subsection 11(2) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the Board of the ACC is taken to have determined, in writing, that the investigation is a special investigation; and\n (c) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the special investigation; and\n (d) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the special investigation.\n\n314 Continuation of duties, functions or powers conferred on the NCA by State laws\n\nIf:\n\n (a) a law of a State conferred on the NCA a duty, function or power of the kind referred to in subsection 55A(2) of the NCA Act in relation to a matter relating to a relevant criminal activity; and\n (b) subsection 55A(3) of the NCA Act was satisfied in relation to that conferral; and\n (c) a law of a State confers on the ACC that duty, function or power in relation to that matter;\n\nthen the Board of the ACC is taken to have consented to the ACC investigating that matter.\n\n315 Continuation of other NCA investigations\n\n(1) This item applies to an investigation (the NCA investigation) in relation to a federally relevant criminal activity under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not completed before the commencement time.\n\n(2) At and after the commencement time:\n\n (a) the ACC may complete the NCA investigation; and\n (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity.\n\n(3) For the purposes of the ACC completing the NCA investigation, at the commencement time:\n\n (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and\n (b) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the investigation of those matters; and\n (c) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the investigation into those matters.\n\n316 Assembling and giving of evidence obtained by the NCA\n\nIf:\n\n (a) before the commencement time, the NCA obtained evidence of a kind referred to in subsection 12(1) or (1A) of the NCA Act; but\n (b) the NCA had not assembled and given the evidence as mentioned in that subsection before the commencement time;\n\nthen, at and after the commencement time, subsection 12(1) of the ACC Act applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.\n\n> Note: Subsection 12(1) of the ACC Act requires the Chief Executive Officer of the ACC to assemble and give the evidence to particular persons or bodies.\n\n317 Limitation on challenges to validity of references\n\nDespite the repeal and substitution of section 16 of the NCA Act made by this Schedule, that section continues to apply in relation to a reference made before the commencement time as if that repeal and substitution had not been made.\n\n318 Arrangements to obtain information or intelligence\n\nAn arrangement in force under section 21 of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under section 21 of the ACC Act.\n\n319 Continuation of secrecy obligations\n\nSection 51 of the NCA Act continues to apply at and after the commencement time to a person who, immediately before the commencement time, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.\n\n320 Continuation of the Parliamentary Joint Committee on the National Crime Authority\n\nThe Parliamentary Joint Committee on the National Crime Authority, as constituted under Part III of the NCA Act immediately before the commencement time, continues in existence after that time under Part III of the ACC Act and is to be known as the Parliamentary Joint Committee on the Australian Crime Commission.\n\n321 Ombudsman to brief Inter‑Governmental Committee about controlled operations\n\nThe first briefing provided by the Ombudsman under section 55AA of the ACC Act must also cover the NCA’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.\n\n322 Arrangements relating to person performing services for the NCA\n\nAn arrangement in force under paragraph 58(1)(b) of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under subsection 58(1) of the ACC Act.\n\n323 Annual report\n\nThe first report on the operations of the ACC under section 61 of the ACC Act must also include, in relation to the year to which the report relates, details of the matters referred to in subsection 61(2) of the NCA Act as in force immediately before the commencement time.\n\n324 Transfer of records and documents etc.\n\nAny evidence (including oral evidence in any form), records, documents, information or other things (including those in electronic form) that were in the possession of the NCA immediately before the commencement time are to be transferred to the ACC.\n\n325 Section 8 of the Acts Interpretation Act 1901\n\nThis Part does not limit the operation of section 8 of the Acts Interpretation Act 1901.\n\n326 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 2—Other amendments\n\nPart 1—Amendments\n\nArchives Act 1983\n\n1 Paragraph 33(1A)(a)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nAustralian Security Intelligence Organisation Act 1979\n\n2 Paragraph 18(3)(a)\n\nOmit “a member, or a member of the staff, of the National Crime Authority”, substitute “the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC”.\n\n3 Subparagraph 18(3)(b)(vi)\n\nRepeal the subparagraph, substitute:\n\n (vi) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC.\n\n4 At the end of section 18\n\nAdd:\n\n (6) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\nCrimes Act 1914\n\n5 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n6 Subsection 3(1)\n\nInsert:\n\n> ACC authorising officer has the meaning given in subsection 15J(4).\n\n7 Subsection 3(1) (paragraph (b) of the definition of appropriate authorising officer)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n8 Subsection 3(1) (paragraph (c) of the definition of law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC;\n\n9 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n10 Subsection 3(1) (definition of NCA authorising officer)\n\nRepeal the definition.\n\n11 Subparagraph 15G(1)(b)(i)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n12 Paragraph 15J(2)(c)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n13 Paragraph 15J(2)(c)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n14 Subsection 15J(4)\n\nRepeal the subsection, substitute:\n\n (4) The following are ACC authorising officers:\n (a) the Chief Executive Officer of the ACC;\n (b) a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.\n\n15 Paragraph 15N(2A)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n16 Subsection 15OA(2)\n\nOmit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”.\n\n17 Subsection 15OA(4)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n18 Paragraph 15OA(5)(b)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n19 Paragraph 15Q(1)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n20 Subsection 15R(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n21 Paragraph 15R(2)(a)\n\nOmit “NCA authorising officer”, substitute “ACC authorising officer”.\n\n22 Subsection 15T(4)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n23 Subsection 15U(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n24 Paragraph 15UA(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC;\n\n25 Subsection 15UA(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n26 Paragraph 15UB(1)(a)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n27 Paragraph 15UB(1)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n28 Subsection 15XA(1) (paragraph (c) of the definition of Commonwealth participating agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n29 Section 85ZL (paragraph (c) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC;\n\n30 Section 85ZL (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\nCriminal Code Act 1995\n\n31 Section 146.1 (paragraph (b) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002; or\n (ba) an examiner (within the meaning of that Act); or\n\n32 Section 146.1 (paragraph (c) of the definition of Commonwealth law enforcement officer)\n\nRepeal the paragraph, substitute:\n\n (c) a member of the staff of the ACC (within the meaning of that Act); or\n\nCustoms Act 1901\n\n33 Subsection 219A(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n34 Subsection 219A(1) (paragraph (a) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC; and\n\n35 Subsection 219A(1) (definition of Commonwealth law enforcement agency)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n36 Subsection 219A(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n37 Subsection 219A(1) (paragraph (a) of the definition of official)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC; and\n\n38 Paragraph 219B(4A)(a)\n\nRepeal the paragraph, substitute:\n\n (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of a police force who is a member of the staff of the ACC; and\n\nCustoms Administration Act 1985\n\n39 Subsection 16(1A) (paragraph (b) of the definition of Commonwealth agency)\n\nOmit “and”.\n\n40 Subsection 16(1A) (paragraph (c) of the definition of Commonwealth agency)\n\nRepeal the paragraph.\n\nFinancial Transaction Reports Act 1988\n\n41 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n42 Subsection 3(1) (definition of acting member of the NCA)\n\nRepeal the definition.\n\n43 Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n44 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n45 Subsection 3(1)\n\nInsert:\n\n> examiner has the same meaning as in the Australian Crime Commission Act 2002.\n\n46 Subsection 3(1) (definition of Inter‑Governmental Committee)\n\nOmit “NCA Act”, substitute “Australian Crime Commission Act 2002”.\n\n47 Subsection 3(1) (definition of member of the NCA)\n\nRepeal the definition.\n\n48 Subsection 3(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n49 Subsection 3(1) (definition of member of the staff of the NCA)\n\nRepeal the definition.\n\n50 Subsection 3(1) (definition of NCA)\n\nRepeal the definition.\n\n51 Subsection 3(1) (definition of NCA Act)\n\nRepeal the definition.\n\n52 Subsection 16(6) (definition of investigating officer)\n\nOmit “a member, or member of staff, of the NCA”, substitute “an examiner or a member of the staff of the ACC”.\n\n53 Subsection 16(6) (paragraph (b) of the definition of relevant authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the ACC; or\n\n54 Paragraph 26(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) where the officer is an examiner or a member of the staff of the ACC—the Chief Executive Officer of the ACC; or\n\n55 Subsection 27(1A)\n\nOmit “the Australian Bureau of Criminal Intelligence and”.\n\n56 Subsection 27(1A)\n\nOmit “the Bureau or the Commission (as the case requires)”, substitute “the Commission”.\n\n57 Subsection 27(5)\n\nOmit “NCA obtains FTR information”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information”.\n\n58 Before paragraph 27(5)(a)\n\nInsert:\n\n (aaa) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and\n\n59 Paragraph 27(5)(a)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n60 Paragraph 27(5)(a)\n\nOmit “NCA under subsection 59(4) of the NCA Act”, substitute “Chair under subsection 59(4) of the Australian Crime Commission Act 2002”.\n\n61 Paragraph 27(5)(aa)\n\nOmit “NCA may”, substitute “Chair of the Board of the ACC may”.\n\n62 Paragraph 27(5)(aa)\n\nOmit “National Crime Authority under subsection 59(6A) of the NCA Act”, substitute “Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002”.\n\n63 After paragraph 27(5)(aa)\n\nInsert:\n\n (ab) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002; and\n\n64 Paragraph 27(5)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner may divulge the information in the course of such an examination before the examiner; and\n\n65 Paragraph 27(5)(c)\n\nOmit “the NCA may”, substitute “an examiner or a member of the staff of the ACC may”.\n\n66 Paragraph 27(5)(d)\n\nOmit “paragraphs (a), (aa), (b) and (c), the NCA”, substitute “paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC”.\n\n67 Subparagraph 27(6)(a)(i)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC”.\n\n68 Subparagraph 27(6)(a)(i)\n\nOmit “its functions”, substitute “the ACC’s functions”.\n\n69 Subsection 27(9)\n\nOmit “NCA”, substitute “Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC”.\n\n70 Subsection 27(10)\n\nOmit “the NCA”, substitute “an examiner”.\n\n71 Paragraph 27(14)(a)\n\nOmit “NCA”, substitute “ACC”.\n\n72 Paragraph 27(15)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the Chief Executive Officer of the ACC;\n\n73 Paragraph 27(15)(b)\n\nRepeal the paragraph, substitute:\n\n (b) an examiner or a member of the staff of the ACC;\n\n74 Paragraphs 27(15)(c) and (d)\n\nRepeal the paragraphs.\n\n75 Paragraph 27(16)(g)\n\nRepeal the paragraph.\n\n76 Paragraph 27(17)(s)\n\nRepeal the paragraph.\n\nHuman Rights and Equal Opportunity Commission Act 1986\n\n77 Paragraph 24(2)(b)\n\nOmit “National Crime Authority”, substitute “Australian Crime Commission”.\n\nNational Crime Authority Legislation Amendment Act 2001\n\n78 Subsection 4(1)\n\nAfter “(the NCA Act)”, insert “and the Australian Crime Commission Act 2002 (the ACC Act)”.\n\n79 Paragraph 4(4)(a)\n\nAfter “Authority”, insert “and the Australian Crime Commission”.\n\n80 Subsection 4(5)\n\nAfter “NCA Act”, insert “and the ACC Act”.\n\n81 After subsection 4(7)\n\nInsert:\n\n (7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.\n\n82 Subsection 4(8)\n\nOmit “that Act” (wherever occurring), substitute “the NCA Act”.\n\n83 After subsection 4(8)\n\nInsert:\n\n (8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:\n (a) divulging or communicating information to the responsible person;\n (b) recording information;\n (c) providing a record of information to the responsible person.\n\nOmbudsman Act 1976\n\n84 Subsection 3(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002.\n\n85 Subsection 3(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n86 Subsection 3(1) (definition of law enforcement agency)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n87 Subsection 3(1) (definition of National Crime Authority)\n\nRepeal the definition.\n\n88 Subsection 3(13A)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n89 Paragraph 5(2)(b)\n\nOmit “other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority”.\n\n90 Subparagraph 6A(1)(a)(i)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nNote: The heading to section 6A is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n91 Subsection 8B(1)\n\nOmit “National Crime Authority, or a member of the staff of the Authority,”, substitute “ACC, or a member of the staff of the ACC,”.\n\nNote: The heading to section 8B is altered by omitting “National Crime Authority” and substituting “ACC”.\n\n92 Subsection 8B(8)\n\nRepeal the subsection, substitute:\n\n (8) In this section:\n\n> member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.\n\n93 Paragraph 9(3)(e)\n\nOmit “National Crime Authority”, substitute “ACC or the Board of the ACC”.\n\n94 Subsection 35B(1)\n\nOmit “disclosure of certain NCA information”, substitute “disclosure of certain ACC information”.\n\nNote: The heading to section 35B is altered by omitting “NCA” and substituting “ACC”.\n\n95 Paragraph 35B(1)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the proper performance of the functions of the ACC; or\n\n96 Subsection 35B(1)\n\nOmit “disclose the NCA information”, substitute “disclose the ACC information”.\n\n97 Subsection 35B(2)\n\nInsert:\n\n> ACC information means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC.\n\n98 Subsection 35B(2) (definition of NCA information)\n\nRepeal the definition.\n\nPrivacy Act 1988\n\n99 Subsection 6(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n100 Subsection 6(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.\n\n101 Subsection 6(1) (paragraph (b) of the definition of enforcement body)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC; or\n\n102 Subparagraph 7(1)(a)(iv)\n\nRepeal the subparagraph, substitute:\n\n (iv) the ACC; or\n\n103 Paragraph 7(1)(h)\n\nRepeal the paragraph, substitute:\n\n (h) the ACC or the Board of the ACC.\n\n104 Paragraph 7(2)(c)\n\nRepeal the paragraph, substitute:\n\n (c) the ACC or the Board of the ACC.\n\n105 Subsection 18K(5) (note)\n\nOmit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.\n\n106 Paragraph 70(2)(b)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\nProceeds of Crime Act 1987\n\n107 Subsection 4(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n108 Subsection 4(1) (definition of law enforcement authority)\n\nOmit “National Crime Authority”, substitute “ACC”.\n\n109 Paragraph 39(2)(b)\n\nOmit “a special investigation being conducted by the National Crime Authority”, substitute “a special ACC operation/investigation”.\n\n110 Subsection 39(2)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n111 Subsection 39(3)\n\nRepeal the subsection, substitute:\n\n (3) In this section:\n\n> special ACC operation/investigation has the same meaning as in the Australian Crime Commission Act 2002.\n\n112 Subsection 40(10) (paragraph (b) of the definition of responsible custodian)\n\nOmit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”.\n\n113 At the end of paragraph 74(1)(a)\n\nAdd “or”.\n\n114 Paragraph 74(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or\n\n115 Subparagraph 74(2)(a)(i)\n\nOmit “or a member, or member of staff, of the National Crime Authority”, substitute “or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)”.\n\nProceeds of Crime Act 2002\n\n116 Paragraph 213(3)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the Australian Crime Commission; or\n (e) an examiner (within the meaning of the Australian Crime Commission Act 2002).\n\n117 Section 338 (paragraph (b) of the definition of authorised officer)\n\nRepeal the paragraph, substitute:\n\n (b) any of the following:\n (i) the Chief Executive Officer of the Australian Crime Commission;\n (ii) an examiner (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission;\n (iii) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or\n\nRadiocommunications Act 1992\n\n118 Paragraph 27(1)(bc)\n\nRepeal the paragraph, substitute:\n\n (bc) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002; or\n\nRetirement Savings Accounts Act 1997\n\n119 Subparagraph 114(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nRoyal Commissions Act 1902\n\n120 Section 1B (definition of Australian Bureau of Criminal Intelligence)\n\nRepeal the definition.\n\n121 Paragraph 6P(1)(da)\n\nRepeal the paragraph.\n\n122 Subsection 6P(2A)\n\nOmit “an investigation being conducted by the National Crime Authority”, substitute “the performance of the functions of the Australian Crime Commission”.\n\n123 Subsection 6P(2A)\n\nOmit “to the National Crime Authority”, substitute “to the Chief Executive Officer of the Australian Crime Commission”.\n\nSuperannuation Industry (Supervision) Act 1993\n\n124 Subparagraph 284(3)(c)(ii)\n\nRepeal the subparagraph, substitute:\n\n (ii) the Chief Executive Officer of the Australian Crime Commission; or\n\nTaxation Administration Act 1953\n\n125 Subsection 2(1) (paragraph (d) of the definition of head)\n\nRepeal the paragraph, substitute:\n\n (d) in the case of the Australian Crime Commission—the Chief Executive Officer of the Commission;\n\n126 Subsection 2(1) (paragraph (daa) of the definition of head)\n\nRepeal the paragraph.\n\n127 Subsection 2(1) (paragraph (d) of the definition of law enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (d) the Australian Crime Commission;\n\n128 Subsection 2(1) (paragraph (daa) of the definition of law enforcement agency)\n\nRepeal the paragraph.\n\n129 Subsection 3D(1)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\nNote: The heading to section 3D is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.\n\n130 Subsection 3D(2)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n131 Subsection 3D(3)\n\nRepeal the subsection.\n\n132 Subsection 3D(4)\n\nOmit “the Authority is conducting a special investigation and”, substitute “a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC”.\n\n133 Subsection 3D(4)\n\nOmit “investigation, a member or acting member”, substitute “operation or investigation, the Chief Executive Officer of the ACC”.\n\n134 Paragraph 3D(5)(a)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n135 Subsection 3D(6)\n\nOmit “A member or acting member”, substitute “The Chief Executive Officer of the ACC”.\n\n136 Paragraph 3D(7)(a)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n137 Paragraph 3D(7)(b)\n\nOmit “Authority from”, substitute “Chief Executive Officer of the ACC from”.\n\n138 Paragraph 3D(7)(b)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n139 Paragraph 3D(7)(b)\n\nOmit “a member or acting member”, substitute “the Chief Executive Officer of the ACC”.\n\n140 Paragraph 3D(7)(b)\n\nOmit “Commissioner or to the Authority”, substitute “Commissioner or to the Chief Executive Officer of the ACC”.\n\n141 Paragraph 3D(8)(b)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n142 Subparagraph 3D(8)(c)(i)\n\nOmit “special investigation”, substitute “operation or investigation”.\n\n143 Subparagraph 3D(8)(c)(ii)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n144 Subsection 3D(9)\n\nOmit “a special investigation is readily obtainable by the Authority”, substitute “an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC”.\n\n145 Subsection 3D(9)\n\nOmit “the investigation that may result if the Authority”, substitute “the operation or investigation that may result if the Chief Executive Officer of the ACC”.\n\n146 Paragraph 3D(10)(b)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n147 Subsection 3D(11)\n\nAfter “Subject to subsections (12) and (13), where”, insert “information is communicated to the Chief Executive Officer of the ACC under”.\n\n148 Paragraphs 3D(11)(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) subsection (1) or (2); or\n (b) an order made under subsection (7);\n\n149 Before paragraph 3D(11)(c)\n\nInsert:\n\n (ba) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC;\n\n150 Paragraph 3D(11)(c)\n\nOmit “Authority may”, substitute “Chair of the Board of the ACC may”.\n\n151 Paragraph 3D(11)(c)\n\nOmit “Authority under subsection 59(4) of the relevant Act”, substitute “Chair under subsection 59(4) of the ACC Act”.\n\n152 After paragraph 3D(11)(c)\n\nInsert:\n\n (ca) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the ACC Act;\n\n153 Paragraph 3D(11)(d)\n\nRepeal the paragraph, substitute:\n\n (d) an examiner may divulge the information in the course of such an examination before the examiner;\n\n154 Paragraph 3D(11)(e)\n\nOmit “Authority may”, substitute “Chief Executive Officer of the ACC may”.\n\n155 Paragraph 3D(11)(e)\n\nOmit “Authority is”, substitute “Chief Executive Officer of the ACC is”.\n\n156 Paragraph 3D(11)(f)\n\nRepeal the paragraph, substitute:\n\n (f) subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with:\n (i) in a case where paragraph (a) applies—a tax‑related investigation; or\n (ii) in a case where paragraph (b) applies—a special ACC operation/investigation;\n\n157 Paragraph 3D(11)(g)\n\nOmit “a member or acting member shall”, substitute “the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must”.\n\n158 Paragraph 3D(11)(j)\n\nOmit “a person of a kind referred to in subparagraph (f)(i), (ii) or (iii)”, substitute “a member of the staff of the ACC”.\n\n159 Subparagraph 3D(11)(j)(i)\n\nOmit “such person, or to the Authority,”, substitute “member of the staff of the ACC, or to an examiner,”.\n\n160 Sub‑subparagraph 3D(11)(j)(i)(A)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n161 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “Authority”, substitute “Chief Executive Officer of the ACC”.\n\n162 Sub‑subparagraph 3D(11)(j)(i)(B)\n\nOmit “a special investigation”, substitute “a special ACC operation/investigation”.\n\n163 Sub‑subparagraph 3D(11)(j)(i)(C)\n\nRepeal the sub‑subparagraph.\n\n164 Subsection 3D(13)\n\nOmit “the Authority”, substitute “an examiner”.\n\n165 Subsection 3D(16)\n\nRepeal the subsection, substitute:\n\n (16) If information is communicated to the Chief Executive Officer of the ACC under subsection (1) or (2) or under an order made under subsection (7), then nothing in subsection (11), (14), (15) or (17) prohibits:\n (a) the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or\n (b) if the information is admissible in a prosecution of a person for a taxation offence—the communication of the information to a court in the course of proceedings before that court against the last‑mentioned person for that offence.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (16), see subsection 13.3(3) of the Criminal Code.\n\n166 Subsection 3D(17)\n\nOmit “paragraph (16)(c)”, substitute “paragraph (16)(a)”.\n\n167 Subsection 3D(18)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n168 Subsection 3D(18)\n\nOmit “Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority”, substitute “Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC”.\n\n169 Subsection 3D(20)\n\nRepeal the subsection.\n\n170 Subsection 3D(22)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n171 Subsection 3D(22)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n172 Subsection 3D(22)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n173 Subsection 3D(22) (definition of acting member)\n\nRepeal the definition.\n\n174 Subsection 3D(22) (definition of Authority)\n\nRepeal the definition.\n\n175 Subsection 3D(22)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n176 Subsection 3D(22)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n177 Subsection 3D(22) (definition of Inter‑Governmental Committee)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n178 Subsection 3D(22) (definition of member)\n\nRepeal the definition.\n\n179 Subsection 3D(22)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n180 Subsection 3D(22) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n181 Subsection 3D(22) (definition of prescribed information)\n\nRepeal the definition.\n\n182 Subsection 3D(22) (definition of prescribed investigation)\n\nRepeal the definition.\n\n183 Subsection 3D(22) (definition of relevant Act)\n\nRepeal the definition.\n\n184 Subsection 3D(22)\n\nInsert:\n\n> special ACC operation/investigation has the same meaning as in the ACC Act.\n\n185 Subsection 3D(22) (definition of special investigation)\n\nRepeal the definition.\n\n186 Subsection 3D(22) (definition of taxation secrecy provision)\n\nOmit “relevant Act”, substitute “ACC Act”.\n\n187 Subsection 3D(22) (definition of tax‑related investigation)\n\nOmit “a prescribed investigation”, substitute “an ACC operation/investigation”.\n\nTelecommunications Act 1997\n\n188 Section 7 (paragraph (c) of the definition of agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\n189 Subsection 282(10) (paragraph (c) of the definition of criminal law‑enforcement agency)\n\nRepeal the paragraph, substitute:\n\n (c) the Australian Crime Commission; or\n\nTelecommunications (Interception) Act 1979\n\n190 Subsection 5(1)\n\nInsert:\n\n> ACC means the Australian Crime Commission.\n\n191 Subsection 5(1)\n\nInsert:\n\n> ACC Act means the Australian Crime Commission Act 2002.\n\n192 Subsection 5(1)\n\nInsert:\n\n> ACC operation/investigation has the same meaning as in the ACC Act.\n\n193 Subsection 5(1) (definition of Authority)\n\nRepeal the definition.\n\n194 Subsection 5(1) (definition of Authority Act)\n\nRepeal the definition.\n\n195 Subsection 5(1)\n\nInsert:\n\n> Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.\n\n196 Subsection 5(1) (paragraph (b) of the definition of certifying officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or\n\n197 Subsection 5(1) (paragraph (b) of the definition of chief officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC; or\n\n198 Subsection 5(1) (definition of class 1 offence)\n\nOmit “Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act”, substitute “ACC, includes an offence in relation to which the ACC is conducting a special investigation”.\n\n199 Subsection 5(1) (paragraph (b) of the definition of Commonwealth agency)\n\nRepeal the paragraph, substitute:\n\n (b) the ACC.\n\n200 Subsection 5(1)\n\nInsert:\n\n> examiner has the same meaning as in the ACC Act.\n\n201 Subsection 5(1)\n\nInsert:\n\n> federally relevant criminal activity has the same meaning as in the ACC Act.\n\n202 Subsection 5(1) (definition of member of the Authority)\n\nRepeal the definition.\n\n203 Subsection 5(1)\n\nInsert:\n\n> member of the staff of the ACC has the same meaning as in the ACC Act.\n\n204 Subsection 5(1) (definition of member of the staff of the Authority)\n\nRepeal the definition.\n\n205 Subsection 5(1) (paragraph (b) of the definition of officer)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or\n\n206 Subsection 5(1) (subparagraph (a)(v) of the definition of permitted purpose)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n207 Subsection 5(1) (after paragraph (a) of the definition of permitted purpose)\n\nInsert:\n\n (aa) in the case of the ACC:\n (i) an ACC operation/investigation; or\n (ii) a report to the Board of the ACC on the outcome of such an operation or investigation;\n\n208 Subsection 5(1) (paragraph (a) of the definition of prescribed investigation)\n\nRepeal the paragraph, substitute:\n\n (a) in the case of the ACC—means an ACC operation/investigation; or\n\n209 Subsection 5(1) (paragraph (b) of the definition of relevant offence)\n\nOmit “Authority”, substitute “ACC”.\n\n210 Subsection 5(1)\n\nInsert:\n\n> special investigation means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.\n\n211 Subparagraph 6A(1)(c)(i)\n\nOmit “Authority”, substitute “ACC”.\n\n212 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n213 Paragraph 35(1)(a)\n\nOmit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”.\n\n214 Paragraph 39(2)(b)\n\nRepeal the paragraph, substitute:\n\n (b) in the case of the ACC:\n (i) the Chief Executive Officer of the ACC or an examiner; or\n (ii) a member of a police force who is a member of the staff of the ACC; or\n\n215 Paragraph 71(2)(d)\n\nRepeal the paragraph, substitute:\n\n (d) the Chief Executive Officer of the ACC.\n\n216 Subsection 80(2)\n\nOmit “Chair of the Authority shall cause to be kept in the Authority’s records”, substitute “Chief Executive Officer of the ACC must cause to be kept in the ACC’s records”.\n\n217 Paragraph 80(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n218 Paragraph 80(2)(d)\n\nOmit “Authority”, substitute “ACC”.\n\n219 Paragraph 80(2)(e)\n\nOmit “Chair”, substitute “Chief Executive Officer”.\n\n220 Subsection 81(2)\n\nOmit “Chair of the Authority shall”, substitute “Chief Executive Officer of the ACC must”.\n\n221 Paragraphs 81(2)(a), (b) and (ba)\n\nOmit “Authority”, substitute “ACC”.\n\n222 Paragraph 81(2)(c)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\n223 Paragraphs 81(2)(d) and (e)\n\nOmit “Authority”, substitute “ACC”.\n\n224 Paragraph 81(2)(f)\n\nOmit “Authority” (wherever occurring), substitute “ACC”.\n\nWitness Protection Act 1994\n\n225 Section 3 (paragraph (b) of the definition of approved authority)\n\nRepeal the paragraph, substitute:\n\n (b) the Chief Executive Officer of the Australian Crime Commission; or\n\n \n\nPart 2—Transitional provisions\n\n226 Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.\n\n(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.\n\n \n\nSchedule 3—Contingent amendments\n\nNote: The operation of the amendments in this Schedule depends on when the Proceeds of Crime Act 2002 commences.\n\nPart 1—Amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n1 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n2 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n3 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n4 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n5 Subsection 12(1B)\n\nOmit “Where, in carrying out or co‑ordinating an investigation in relation to a relevant criminal activity, the Authority obtains evidence that would be admissible in confiscation proceedings, it may”, substitute “Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n6 Paragraph 61(2)(ea)\n\nOmit “its investigations”, substitute “investigations by the ACC”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3).\n\n \n\nPart 2—Alternative amendments\n\nNote: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003.\n\nAustralian Crime Commission Act 2002\n\n7 Subsection 4(1)\n\nInsert:\n\n> confiscation proceeding means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002, or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n8 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime)\n\nOmit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n9 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime)\n\nInsert:\n\n and (da) that is:\n (i) punishable by imprisonment for a period of 3 years or more; or\n (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n10 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime)\n\nOmit “and”.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n11 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime)\n\nRepeal the paragraph.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n12 After subsection 12(1)\n\nInsert:\n\n (1A) Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:\n (a) the Attorney‑General of the Commonwealth or the State, 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) who is authorised to commence the confiscation proceedings.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n13 Subsection 30(5)\n\nOmit all the words from and including “other than a proceeding”, substitute:\n\n other than:\n (c) confiscation proceedings; or\n (d) a proceeding in respect of:\n (i) in the case of an answer—the falsity of the answer; or\n (ii) in the case of the production of a document—the falsity of any statement contained in the document.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n14 After paragraph 61(2)(e)\n\nInsert:\n\n (ea) the extent to which investigations by the ACC have resulted in confiscation proceedings;\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nProceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002\n\n15 Heading before item 33 of Schedule 6\n\nRepeal the heading.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n16 Items 33 to 39 of Schedule 6\n\nRepeal the items.\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\nTelecommunications (Interception) Act 1979\n\n17 Paragraph 6L(2)(a)\n\nOmit “Authority”, substitute “ACC”.\n\n(215/02)\n\nNote: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4).\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 26 September 2002\n\nSenate on 15 November 2002\\]","sortOrder":52}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 2, Table Item 7 / Section 2(3)","severity":"medium","reasoning":"The drafters purport to set a conditional commencement for items 1-6 of Schedule 3, but the override condition in s.2(3) is constructed such that it will always be triggered given the fixed date of Schedule 1 commencement (1 January 2003). The provision is dead on arrival — it cannot ever commence, rendering the conditional drafting in column 2 entirely purposeless.","confidence":0.82,"description":"Schedule 3, items 1 to 6 are stated in column 2 to commence 'immediately after the commencement of Schedule 1 to this Act, subject to subsection (3)', but column 3 records 'Does not commence at all'. Subsection (3) provides these provisions do not commence if s.3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003. Since Schedule 1 itself commences on 1 January 2003, the trigger condition in subsection (3) is satisfied, making the non-commencement outcome certain and predetermined. The commencement mechanism in column 2 is therefore a legal nullity — it describes a trigger event that can never be reached."},{"type":"other","section":"Section 2, Table Items 8, 9, 10 / Section 2(4)","severity":"low","reasoning":"The 'immediately before' construction for items 15 and 16 creates a logical peculiarity: if both events are recorded as occurring on 1 January 2003, there is no meaningful temporal distinction. In practice courts treat 'immediately before' as a legal fiction creating a sequencing rather than a genuine temporal gap, but the column 3 date is identical, highlighting the absurdity.","confidence":0.7,"description":"Items 8, 9 and 10 set commencement of Schedule 3, items 7-17 as 'immediately after' and 'immediately before' the commencement of s.3 of the Proceeds of Crime Act 2002, subject to subsection (4). Subsection (4) says these do not commence if s.3 of the Proceeds of Crime Act 2002 commences before 1 January 2003. Column 3 records that all three actually commenced on 1 January 2003 — the same date as s.3 of the Proceeds of Crime Act 2002. This means the condition in subsection (4) (commencement 'before' 1 January 2003) was not triggered. However, items 9 (Schedule 3, items 15 and 16) purport to commence 'immediately before' s.3 of the Proceeds of Crime Act 2002, which is itself recorded as commencing on 1 January 2003. Something cannot logically commence 'immediately before' a moment and yet have the same recorded date in column 3."},{"type":"circular_definition","section":"Schedule 1, Item 25(e) — definition of 'serious and organised crime'","severity":"medium","reasoning":"Paragraph (e) excludes certain industrial offences from 'serious and organised crime' unless they form part of a 'course of activity involving the commission of a serious and organised crime'. This requires applying the definition of 'serious and organised crime' to determine whether the exclusion applies — but that is the very definition in which paragraph (e) sits. A decision-maker must use the completed definition to apply an element within the definition itself.","confidence":0.75,"description":"The industrial-dispute carve-out in paragraph (e) partially self-negates. It excludes offences committed in the course of a genuine industrial dispute UNLESS the offence is 'committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed'. The phrase 'other than an offence so committed' refers back to the industrial-dispute offence itself, creating a circular condition: the exclusion from the exclusion applies when the industrial-dispute offence is part of serious and organised crime, but the definition of serious and organised crime is the very thing being defined. The carve-out from the carve-out depends on satisfying the definition of the term being defined."},{"type":"impossible_compliance","section":"Schedule 1, Item 25(f) — definition of 'serious and organised crime'","severity":"high","reasoning":"Limitation periods are not always fixed or obvious; they vary by offence and jurisdiction. Investigators may not know with certainty at the outset whether a prosecution limitation period has expired. Tying the definition of 'serious and organised crime' (and thus the ACC's entire jurisdictional basis) to whether a prosecution time limit has expired creates practical impossibility and potential retrospective invalidity of investigative acts.","confidence":0.78,"description":"Paragraph (f) excludes from 'serious and organised crime' any offence for which 'the time for the commencement of a prosecution... has expired'. This means the ACC's jurisdiction over an offence — and thus its power to conduct investigations or intelligence operations — can evaporate mid-investigation simply because a limitation period expires during the investigation. An investigation lawfully commenced can become unlawful through the mere passage of time, creating an impossible compliance situation where the ACC cannot know at commencement whether its investigation will remain lawful to conclusion."},{"type":"other","section":"Schedule 1, Item 29 — substituted s.4(2)","severity":"high","reasoning":"Allowing jurisdiction-expanding suspicions to persist without identification of any predicate offence creates a rubber-stamp expansion mechanism. Combined with the coercive examination powers in Division 2, this means persons can be compelled to give evidence in relation to an undefined serious offence type that the head of the operation/investigation has not identified. This is structurally absurd and potentially constitutionally problematic.","confidence":0.8,"description":"The deeming provision in substituted s.4(2) allows the 'head of an ACC operation/investigation' to deem a non-serious-and-organised-crime offence to be a serious and organised crime based on mere suspicion, 'whether or not the head has identified the nature of that serious and organised crime'. This means the expanded jurisdiction operates even when the decision-maker has not identified what the predicate serious offence is. The ACC can exercise coercive examination powers in relation to an offence that may be connected to a serious and organised crime whose nature is entirely unknown. This inverts the normal principle that jurisdiction must be established before coercive powers are exercised."},{"type":"self_contradicting","section":"Schedule 1, Item 197 — substituted s.46B(4)","severity":"medium","reasoning":"The section permits re-appointment (implying ongoing service is possible) while simultaneously capping total service at 5 years. Re-appointment only makes sense if it can extend service beyond a single term. By capping the aggregate at 5 years regardless, the re-appointment provision is rendered otiose — you cannot re-appoint someone to extend their service if total service is hard-capped at the maximum of a single term.","confidence":0.85,"description":"Section 46B(4) provides that an examiner holds office for the period specified in the instrument of appointment, not exceeding 5 years, AND that 'the sum of an examiner's first appointment and any period or periods of re-appointment must not exceed 5 years'. This means that even if an examiner is appointed for a single day, the total including all re-appointments cannot exceed 5 years. The practical effect is that the maximum total service of any examiner is 5 years regardless of how many appointments are made — identical to having a single non-renewable 5-year term. The re-appointment mechanism is therefore meaningless; the provision creates the appearance of re-appointment flexibility while eliminating it entirely."},{"type":"self_contradicting","section":"Schedule 1, Item 35 — substituted s.7F","severity":"high","reasoning":"The quorum is set at 7 (excluding CEO), but the threshold for special determinations is 9 affirmative votes (excluding CEO). A meeting that barely achieves quorum cannot make a special determination. This is not merely a high threshold — the quorum itself is set below the minimum voting threshold for a key function of the Board, creating a structural inconsistency.","confidence":0.88,"description":"Section 7F provides that a quorum of the Board is constituted by 7 Board members 'not including the CEO'. However, s.7G(4) requires that a determination making an operation 'special' requires at least 9 Board members including at least 2 eligible Commonwealth Board members to vote in favour. There are 5 eligible Commonwealth Board members (s.7B(2)(a)-(e)) and the remainder are state/territory police commissioners plus the CEO. The CEO cannot vote (s.7G(3)). With a quorum of 7 non-CEO members, and requiring 9 affirmative votes (excluding CEO), a validly-quorate meeting of 7 members could never make a special determination. A meeting would need at least 9 non-CEO members present and voting in favour, meaning the quorum provision is incompatible with the special determination threshold."},{"type":"self_contradicting","section":"Schedule 1, Item 35 — substituted s.9(6)","severity":"medium","reasoning":"A statutory obligation to 'determine in writing' connotes a document of sufficient content that a committee and chair of the board can act on it. The simultaneous prohibition on disclosing reasons strips the determination of meaningful content. The Committee cannot meaningfully act on a determination that says only 'yes' or 'no' without any reasoning, yet the Minister cannot provide reasoning. This creates an unworkable procedural obligation.","confidence":0.72,"description":"Section 9(6) requires the Minister, when the Committee refers a request for information to the Minister, to 'determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies' BUT 'must not disclose his or her reasons for determining the question'. The Minister is required to make a written determination (implying it must contain sufficient content to constitute a 'determination') but simultaneously must not disclose the reasons — which are the very substance of any meaningful written determination. A written determination without reasons is an empty shell, and the obligation to 'determine in writing' combined with prohibition on disclosing reasons is internally contradictory."}],"contradictions":[{"severity":"high","section_a":"Schedule 1, Item 35 — substituted s.7F (quorum = 7 non-CEO members)","section_b":"Schedule 1, Item 35 — substituted s.7G(4) (special determination requires 9 affirmative votes excluding CEO)","confidence":0.9,"description":"The quorum for Board meetings is set at 7 members (excluding CEO), but the threshold for making a special operation or special investigation determination is 9 affirmative votes (excluding CEO, including at least 2 eligible Commonwealth members). A Board meeting that achieves quorum with exactly 7 members cannot pass a special determination. The quorum provision and the special determination voting requirement are irreconcilable as drafted."},{"severity":"low","section_a":"Schedule 1, Item 35 — substituted s.7J(1)(b)(ii) (out-of-session resolutions for special determinations require at least 9 Board members not including CEO)","section_b":"Schedule 1, Item 35 — substituted s.7G(4) (in-meeting special determinations require 9 Board members voting in favour including at least 2 eligible Commonwealth Board members)","confidence":0.5,"description":"For in-session special determinations under s.7G(4), the 9-member threshold must include 'at least 2 eligible Commonwealth Board members'. However, s.7J(1)(b)(ii) for out-of-session resolutions omits the requirement that the 9 members include at least 2 eligible Commonwealth Board members (it says 'not including the CEO but including at least 2 eligible Commonwealth Board members' — actually on re-reading this DOES include the requirement). On careful reading, this contradiction may be less clear, but the structural inconsistency between the in-meeting and out-of-meeting processes creates ambiguity about whether the eligible Commonwealth Board member requirement applies identically in both contexts."},{"severity":"medium","section_a":"Schedule 1, Item 25(f) — 'serious and organised crime' excludes offences where prosecution time has expired","section_b":"Schedule 1, Item 29 — substituted s.4(2) deems incidental offences to be serious and organised crime based on suspicion alone","confidence":0.65,"description":"The definition of 'serious and organised crime' excludes time-barred offences (Item 25(f)), meaning the ACC loses jurisdiction over them. However, the deeming provision in substituted s.4(2) allows the head of an operation to treat any offence as serious and organised crime based on suspicion of connection to serious and organised crime. If the predicate serious and organised crime is itself time-barred and thus excluded from the definition, it is unclear whether the deeming mechanism can bootstrap jurisdiction from a time-barred predicate — creating a potential gap or inconsistency in the jurisdictional chain."},{"severity":"low","section_a":"Schedule 1, Item 35 — substituted s.7C(1)(d) (Board determines whether operation is special or investigation is special investigation)","section_b":"Schedule 1, Item 35 — substituted s.7K(4) (Board cannot delegate special determination function to a committee)","confidence":0.6,"description":"Section 7K(4) correctly prevents the Board from delegating special determination functions to a committee. However, s.7C(1)(c) and (d) confer these functions on the Board while s.9(7) allows the Inter-Governmental Committee to revoke special determinations by resolution. The power to revoke a Board determination is thus vested in a different body (the IGC) that did not make it and cannot be directed by the Board — creating an asymmetry where the Board has exclusive power to make special determinations but lacks power to prevent their revocation by an external committee."},{"severity":"medium","section_a":"Schedule 1, Item 35 — substituted s.46B(4) (total examiner service capped at 5 years including re-appointments)","section_b":"Schedule 1, Item 35 — substituted s.46B(4) first sentence (examiner holds office for period in instrument, not exceeding 5 years)","confidence":0.85,"description":"The first sentence of s.46B(4) permits an appointment period of up to 5 years. The second sentence caps total service (initial plus re-appointments) at 5 years. If an examiner is appointed for the full 5-year maximum in the first appointment, re-appointment is permitted in form but impossible in effect — zero years of re-appointment remain. This creates an internal contradiction between the express permission to re-appoint and the aggregate cap that renders re-appointment a nullity in many cases."},{"severity":"medium","section_a":"Section 2(3) — Schedule 3, items 1-6 do not commence if Proceeds of Crime Act s.3 commences on or after 1 January 2003","section_b":"Section 2, Table Item 7, Column 2 — Schedule 3, items 1-6 commence immediately after Schedule 1","confidence":0.8,"description":"Column 2 of Item 7 states that Schedule 3, items 1-6 commence immediately after Schedule 1 (which is 1 January 2003). Subsection (3) provides they do not commence if s.3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003. Column 3 confirms 'Does not commence at all'. The commencement trigger in column 2 and the non-commencement condition in subsection (3) operate simultaneously on the same date, making the column 2 trigger permanently overridden. The two provisions are irreconcilable in their combined operation."}]},"kimi_summary":{"_metrics":{"completionTokens":584},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the ACC as a replacement for the National Crime Authority with equivalent functions. The scope has not expanded beyond creating a national criminal intelligence and investigation body with appropriate governance, powers and transitional arrangements."},"complexity_factors":["Multiple overlapping governance structures (Board, CEO, Examiners, Inter-Governmental Committee)","Extensive defined terms including 20+ specific crime categories in 'serious and organised crime' definition","Conditional commencement provisions tied to other legislation (Proceeds of Crime Act 2002)","Complex voting rules for Board decisions (9 members including 2 eligible Commonwealth members for special determinations)","Nested exceptions in examination powers and secrecy provisions","Cross-references to 15+ other Commonwealth Acts requiring amendments","Transitional provisions preserving existing NCA investigations and staff","Contingent amendments that operate only if other legislation commences at specific times"],"plain_english_summary":"This legislation establishes the **Australian Crime Commission (ACC)** to replace the former National Crime Authority. It creates a new national body to fight serious and organised crime through intelligence gathering and investigations.\n\n**What the ACC does:**\n- Collects, analyses and shares criminal intelligence nationally\n- Conducts **intelligence operations** (covert information gathering)\n- Investigates **serious and organised crime** when authorised by its Board\n- Maintains a national criminal intelligence database\n\n**Who runs it:**\n- **Board**: Overseen by the AFP Commissioner as Chair, with members from federal agencies (AFP, ASIO, ASIC, Customs, Attorney-General's Department) and all state/territory police commissioners\n- **CEO**: Manages day-to-day operations, appointed by the Governor-General\n- **Examiners**: Legally qualified officers who can compel witnesses to give evidence\n\n**Key powers:**\n- **Special operations/investigations**: Board can authorise enhanced powers where ordinary police methods won't work\n- **Examination powers**: Examiners can summon witnesses, require documents, and take evidence under oath\n- **Secrecy protections**: Strict confidentiality rules apply to ACC information\n\n**Who it affects:**\n- Suspected criminals involved in serious organised crime (drugs, fraud, money laundering, cybercrime, etc.)\n- Witnesses compelled to give evidence at examinations\n- Law enforcement agencies who receive ACC intelligence\n- State governments (through the Inter-Governmental Committee that oversees the ACC)\n\n**Why it matters:**\nThe ACC provides a national, coordinated approach to complex crimes that cross state borders. It bridges federal and state law enforcement, with special powers to compel testimony that ordinary police don't have. The Board structure ensures political accountability while protecting operational independence."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act went beyond a simple rebadging exercise. While its core purpose was to replace the NCA with the ACC, it significantly expanded the agency's mandate by introducing intelligence operations (not just investigations), broadening the definition of 'serious and organised crime' to include cybercrime and other modern offences, creating a new governance structure with a multi-agency Board and CEO model, and adding formal inter-governmental oversight mechanisms. The shift from a 'reference'-based system (where governments referred specific matters) to a Board-authorised intelligence and investigation model represented a meaningful expansion of both powers and scope."},"complexity_factors":["This is an amending Act — it rewrites an existing law (the National Crime Authority Act 1984) rather than standing alone, making it impossible to understand without reading both documents together","Over 226 individual amendment items across multiple Schedules, each making surgical changes to specific subsections","Complex staggered commencement provisions with conditional triggers tied to the commencement of provisions in other Acts (Proceeds of Crime Act 2002, Communications Legislation Amendment Act)","Some provisions (Schedule 3, items 1-6) explicitly 'do not commence at all' depending on contingencies — creating a legislative maze","Interplay between multiple institutional bodies (ACC, Board, Inter-Governmental Committee, examiners, CEO) with distinct but overlapping roles and voting rules","Highly technical definitions, especially the multi-limbed definition of 'serious and organised crime' with inclusions, exclusions, and an expandable 'incidental offence' mechanism","Coercive examination powers with constitutional implications around self-incrimination and rights to silence require careful legal interpretation","Cross-references to multiple other Acts (Superannuation Act 1976, Superannuation Act 1990, Remuneration Tribunal Act 1973, ASIO Act 1979, Acts Interpretation Act 1901)"],"plain_english_summary":"## What This Law Does\n\nThis Act **replaced the old National Crime Authority (NCA) with a new body called the Australian Crime Commission (ACC)** — now known as the Australian Criminal Intelligence Commission (ACIC). Think of it as a major corporate restructure for Australia's top federal crime-fighting agency.\n\n## Who Is Affected?\n\n- **Ordinary Australians** suspected of involvement in serious organised crime could be compelled (forced) to appear before an ACC examiner and give evidence — even without being charged with a crime.\n- **Witnesses and suspects** can be legally required to answer questions and produce documents, with strict secrecy rules attached.\n- **State and federal law enforcement agencies** (police, customs, ASIO, ASIC etc.) now operate under a unified national board structure.\n- **Legal practitioners** working with the ACC, whether as examiners or counsel.\n\n## Key Changes Made\n\n1. **New body, new name**: The NCA became the ACC — a single national agency combining intelligence gathering and criminal investigation.\n2. **A governing Board was created**, made up of the heads of major law enforcement agencies (AFP Commissioner, State/Territory Police Commissioners, ASIO Director-General, Customs CEO, ASIC Chairperson, and others).\n3. **Powerful examination powers**: Specially appointed 'examiners' (qualified lawyers) can hold private hearings where people MUST answer questions — even if the answers might incriminate them (though those answers generally can't be used against them in court).\n4. **'Serious and organised crime' was redefined** more broadly to include drug trafficking, cybercrime, money laundering, fraud, firearms, and more — requiring at least 2 offenders, planning, and a prison sentence of 3+ years.\n5. **'Special operations' and 'special investigations'** require a super-majority vote of the Board (at least 9 members including 2 Commonwealth members) before the coercive examination powers can be triggered.\n6. **An Inter-Governmental Committee** (representing all governments) provides oversight and can revoke special operation/investigation determinations within 30 days.\n7. **Strict confidentiality rules** apply to examinations — publishing information about them without permission is a criminal offence.\n\n## Why It Matters to You\n\nIf you are ever suspected of involvement in organised crime, the ACC has extraordinary powers compared to ordinary police: they can **compel your attendance and testimony** in a closed hearing. You cannot simply 'refuse to talk.' This makes the ACC significantly more powerful than regular police in gathering intelligence — but also means your civil liberties (like the right to silence) operate very differently in this context."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"This Act largely replaces the National Crime Authority with the Australian Crime Commission, maintaining the same core functions (investigating serious crime, collecting intelligence) but with expanded powers to conduct intelligence operations explicitly. The governance structure is changed from a Chair/member model to a Board/CEO/examiner model, and the definition of serious crime is broadened (e.g., adding cybercrime, firearms, and lowering the imprisonment threshold to 3 years). However, the overall scope remains similar – a federal agency with coercive powers targeting organised crime. The change is more a restructuring and rebranding than a fundamental expansion beyond the original NCA's purpose."},"complexity_factors":["Very long Act (over 300 pages in original print) with three Schedules and contingent amendments","Extensive use of defined terms (e.g., ACC operation/investigation, special ACC operation/investigation, serious and organised crime with multiple sub-elements)","Complex commencement provisions depending on the Proceeds of Crime Act 2002 commencement date","Nested exemptions in the definition of serious and organised crime (e.g., industrial disputes exclusion, time-barred offences)","Multiple cross-references between provisions (e.g., section 7C notes refer to section 46A; section 7G(4) voting rules link to special determinations)","Contingent amendments in Schedule 3 that apply or not based on timing of another Act","Detailed procedural rules for Board meetings, voting quorums, and resolutions outside meetings","Elaborate examination procedures with confidentiality directions, summons requirements, and offence provisions","Transitional provisions with multiple automatic deeming rules (e.g., NCA hearing officers become examiners)","Amendments to over 20 other Acts, each requiring careful coordination"],"plain_english_summary":"This Act abolishes the National Crime Authority (NCA) and replaces it with the Australian Crime Commission (ACC). The ACC is a federal law enforcement body that collects and analyses criminal intelligence and investigates serious and organised crime. It has a Board of senior police and agency heads, a Chief Executive Officer (CEO) who manages the agency, and examiners (lawyers with at least 5 years' experience) who can compel witnesses to give evidence under oath in private hearings. The Board must approve any 'special' operation or investigation before the ACC can use its coercive powers. The Act also expands the definition of 'serious and organised crime' – it now includes a broader list of offences (like cybercrime, firearms trafficking, and bribery) and requires at least two offenders, substantial planning, and sophisticated methods. The ACC can conduct both investigations and 'intelligence operations' (collecting and analysing information). A special operation or investigation requires the Board to vote in favour – at least 9 members including 2 Commonwealth representatives. The Inter-Governmental Committee (made up of Commonwealth and state ministers) can request more information and even revoke a special determination within 30 days. The Act also updates many other laws (like the Crimes Act, Customs Act, and Privacy Act) to replace references to the NCA with the ACC. State laws can confer functions on the ACC with Board consent. The CEO can share information with law enforcement agencies. The Act includes transitional provisions to transfer ongoing investigations and staff from the NCA to the ACC. A mandatory independent review of the ACC's operation must be done after 1 January 2006."}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-establishment-act-2002","history":"/api/acts/australian-crime-commission-establishment-act-2002/history","analysis":"/api/acts/australian-crime-commission-establishment-act-2002/analysis","conflicts":"/api/acts/australian-crime-commission-establishment-act-2002/conflicts","importantCases":"/api/acts/australian-crime-commission-establishment-act-2002/important-cases","documents":"/api/acts/australian-crime-commission-establishment-act-2002/documents"}}