{"id":"nsw:act-2003-013","name":"Australian Crime Commission (New South Wales) Act 2003","slug":"australian-crime-commission-new-south-wales-act-2003","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"13 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175139,"registerId":"nsw-nsw:act-2003-013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Australian Crime Commission (New South Wales) Act 2003](/view/html/inforce/current/act-2003-013).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by subsection (2).\n> \n> > (2) Schedule 1.32 commences, or is taken to have commenced, on the commencement of Schedule 7 \\[8\\] to the [State Revenue Legislation Amendment Act 2002](/view/html/repealed/current/act-2002-108).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > ACC Act means the [Australian Crime Commission Act 2002](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note—\n> > \n> > That Act was originally known as the [National Crime Authority Act 1984](http://www.legislation.gov.au/).\n> > \n> > ACC laws means:\n> > \n> > > (a) the ACC Act, and\n> > \n> > > (b) all regulations, directions and guidelines in force under the ACC Act.\n> > \n> > applied provisions means the ACC laws that apply as a law of this State because of section 5, including any modification under this Act.\n> > \n> > Commonwealth body or person means:\n> > \n> > > (a) the ACC, or\n> > \n> > > (b) the Board, or\n> > \n> > > (c) the Chair of the Board, or\n> > \n> > > (d) a member of the Board, or\n> > \n> > > (e) the Inter-Governmental Committee, or\n> > \n> > > (f) the CEO, or\n> > \n> > > (g) a member of the staff of the ACC, or\n> > \n> > > (h) an examiner, or\n> > \n> > > (i) a Judge of the Federal Court, or\n> > \n> > > (j) a Federal Magistrate.\n> > \n> > confer includes to impose.\n> > \n> > Federal Magistrate means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the [Federal Magistrates Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > function includes a power or duty.\n> > \n> > modification includes an addition, omission or substitution.\n> > \n> > perform includes to exercise.\n> \n> > (2) If this Act uses a term that is given a meaning in section 4 of the ACC Act, the term has the same meaning in this Act unless the contrary intention appears.\n> \n> > (3) In this Act, a reference to a Commonwealth Act includes a reference to:\n> > \n> > > (a) the Commonwealth Act, as amended and in force for the time being, and\n> > \n> > > (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n> \n> > (4) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown bound","content":"#### 4 Crown bound\n\n4 Crown bound\n\n> This Act and the applied provisions bind the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all of its other capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The applied provisions","content":"# Part 2 The applied provisions\n\nPart 2 The applied provisions","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Application and interpretation","content":"## Division 1 Application and interpretation\n\nDivision 1 Application and interpretation","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Application of ACC laws to this State","content":"#### 5 Application of ACC laws to this State\n\n5 Application of ACC laws to this State\n\n> > (1) The ACC laws, as modified under this Act, apply as a law of this State as if references in them to a federally relevant criminal activity were references 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> \n> > (2) This section has effect in relation to the ACC laws as in force for the time being.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Modification of ACC laws","content":"#### 6 Modification of ACC laws\n\n6 Modification of ACC laws\n\n> > (1) The regulations may modify the ACC laws for the purposes of this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may provide that the ACC laws apply under section 5 (1) as if an amendment to the ACC laws:\n> > \n> > > (a) made by a law of the Commonwealth, and\n> > \n> > > (b) specified in the regulations,\n> > \n> > had not taken effect.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of applied provisions","content":"#### 7 Interpretation of applied provisions\n\n7 Interpretation of applied provisions\n\n> > (1) The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth applies as a law of this State in relation to the applied provisions as if the applied provisions were a Commonwealth Act or were regulations under a Commonwealth Act, as the case requires.\n> \n> > (2) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) of New South Wales does not apply in relation to the applied provisions.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Conferral of functions","content":"## Division 2 Conferral of functions\n\nDivision 2 Conferral of functions","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Functions under applied provisions","content":"#### 8 Functions under applied provisions\n\n8 Functions under applied provisions\n\n> A Commonwealth body or person has the functions conferred on that body or person under the applied provisions.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Consent of Board may be needed before functions can be performed","content":"#### 9 Consent of Board may be needed before functions can be performed\n\n9 Consent of Board may be needed before functions can be performed\n\n> The conferral of a function on a Commonwealth body or person by this Part is subject to any provision of the ACC Act that requires the consent of the Board before the function can be performed.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Functions not affected by State laws","content":"#### 10 Functions not affected by State laws\n\n10 Functions not affected by State laws\n\n> A Commonwealth body or person is not precluded by any law of the State from performing a function conferred by this Part.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Extent to which functions are conferred","content":"#### 11 Extent to which functions are conferred\n\n11 Extent to which functions are conferred\n\n> > (1) This Part does not purport to impose any duty on a Commonwealth body or person to perform a function if the imposition of the duty would be beyond the legislative power of the Parliament of the State.\n> \n> > (2) This section does not limit the operation of section 12 of this Act or of section 31 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions of federal judicial officers","content":"#### 12 Functions of federal judicial officers\n\n12 Functions of federal judicial officers\n\n> > (1) In this section:\n> > \n> > federal judicial officer means a Judge of the Federal Court or a Federal Magistrate.\n> \n> > (2) A function conferred on a federal judicial officer by the applied provisions is conferred on the federal judicial officer in a personal capacity and not as a court or a member of a court. The federal judicial officer need not accept the function conferred.\n> \n> > (3) Anything done or made by a federal judicial officer under the applied provisions has effect only by virtue of the applied provisions and is not to be taken by implication to be done or made by a court.\n> \n> > (4) A federal judicial officer performing a function under the applied provisions has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the federal judicial officer is a member).\n> \n> > (5) A function conferred on the Federal Court by the applied provisions is taken to be conferred on a Judge of the Federal Court and subsections (2) and (4) apply to that function.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Delegations under ACC Act","content":"#### 13 Delegations under ACC Act\n\n13 Delegations under ACC Act\n\n> Any delegation by a Commonwealth body or person under the ACC Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Provisions about offences","content":"## Division 3 Provisions about offences\n\nDivision 3 Provisions about offences","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Object of this Division","content":"#### 14 Object of this Division\n\n14 Object of this Division\n\n> > (1) The object of this Division is to provide for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\n> \n> > (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to):\n> > \n> > > (a) the investigation and prosecution of offences, and\n> > \n> > > (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and\n> > \n> > > (c) proceedings relating to a matter referred to in paragraph (a) or (b), and\n> > \n> > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and\n> > \n> > > (e) the sentencing, punishment and release of persons convicted of offences, and\n> > \n> > > (f) fines, penalties and forfeitures, and\n> > \n> > > (g) liability to make reparation in connection with offences, and\n> > \n> > > (h) proceeds of crime, and\n> > \n> > > (i) spent convictions.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"#### 15 Application of Commonwealth criminal laws to offences against applied provisions\n\n15 Application of Commonwealth criminal laws to offences against applied provisions\n\n> > (1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n> \n> > (2) For the purposes of a law of this State, an offence against the applied provisions:\n> > \n> > > (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be an offence against the laws of this State.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.\n> \n> > (4) For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of this section.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"#### 16 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n16 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n> > (1) A Commonwealth law applying because of section 15 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the ACC Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n> \n> > (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the ACC Act.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Double jeopardy","content":"#### 17 Double jeopardy\n\n17 Double jeopardy\n\n> If:\n> \n> > (a) an act or omission by a person is an offence under the applied provisions and is also an offence under the ACC Act, and\n> \n> > (b) the person has been punished for the offence under the ACC Act,\n> \n> the person is not liable to be punished for the offence under the applied provisions.","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"General","content":"# Part 3 General\n\nPart 3 General","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Arrangements for Board to obtain information or intelligence","content":"#### 18 Arrangements for Board to obtain information or intelligence\n\n18 Arrangements for Board to obtain information or intelligence\n\n> The Minister may make an arrangement with the Commonwealth Minister for the Board to be given by the State, or an authority of the State, information or intelligence relating to relevant criminal activities.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Administrative arrangements with Commonwealth","content":"#### 19 Administrative arrangements with Commonwealth\n\n19 Administrative arrangements with Commonwealth\n\n> The Minister may make an arrangement with the Commonwealth Minister under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the NSW Police Force, or persons who are such officers, employees or members, to perform services for the ACC.\n> \n> **s 19:** Am 2006 No 94, Sch 3.1.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Judges to perform functions under ACC Act","content":"#### 20 Judges to perform functions under ACC Act\n\n20 Judges to perform functions under ACC Act\n\n> A Judge of a court of the State may perform functions conferred on the Judge by section 22 (Search warrants), 23 (Application by telephone for search warrants) or 31 (Warrant for arrest of witness) of the ACC Act.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Things done for multiple purposes","content":"#### 21 Things done for multiple purposes\n\n21 Things done for multiple purposes\n\n> The validity of anything done for the purposes of the applied provisions is not affected only because it was done also for the purposes of the ACC laws.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 Regulations\n\n22 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Repeal of National Crime Authority (State Provisions) Act 1984 No 157 and National Crime Authority (State Provisions) Regulation 2000","content":"#### 23 Repeal of National Crime Authority (State Provisions) Act 1984 No 157 and National Crime Authority (State Provisions) Regulation 2000\n\n23 Repeal of [National Crime Authority (State Provisions) Act 1984 No 157](/view/html/repealed/current/act-1984-157) and [National Crime Authority (State Provisions) Regulation 2000](/view/html/repealed/current/sl-2000-0086)\n\n> > (1) The [National Crime Authority (State Provisions) Act 1984](/view/html/repealed/current/act-1984-157) is repealed.\n> \n> > (2) The [National Crime Authority (State Provisions) Regulation 2000](/view/html/repealed/current/sl-2000-0086) is repealed.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 25 Savings, transitional and other provisions\n\n25 Savings, transitional and other provisions\n\n> Schedule 2 has effect.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Review of Act","content":"#### 26 Review of Act\n\n26 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2005 No 64, Sch 3.","sortOrder":33},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 25)","sortOrder":34}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original purpose: enabling the Australian Crime Commission to operate with full legal authority in New South Wales. The 2005 and 2007 amendments likely reflected updates to mirror changes in the Commonwealth ACC legislation rather than any expansion or contraction of the Act's original scope."},"complexity_factors":["Involves interplay between Commonwealth and State legislative powers (constitutional law dimension)","Requires understanding of the Australian Crime Commission's federal framework to fully appreciate the Act's effect","The ACC's coercive examination powers (compelling testimony) are legally nuanced and have significant civil liberties implications","Cooperative federalism model — the Act's operation depends on understanding both the federal ACC Act and this state referral law together","Only metadata and status information was available, not the full legislative text, limiting depth of analysis"],"plain_english_summary":"The Act is NSW’s formal cooperation with the federal Australian Crime Commission, authorising the ACC to lawfully investigate serious and organised crime within New South Wales. It affects NSW residents, businesses, state agencies and anyone compelled to give evidence at ACC hearings. It matters because it extends the ACC’s strong coercive powers into the state."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the Australian Crime Commission to operate in NSW by applying Commonwealth laws as state law. While it includes detailed transitional arrangements from the previous National Crime Authority regime, these are mechanical carry-overs necessary for continuity rather than scope expansion. The core mechanism—adopting federal crime laws for state purposes—has not grown beyond its initial intergovernmental cooperation intent."},"complexity_factors":["Extensive cross-referencing to external Commonwealth legislation (the ACC Act 2002, Acts Interpretation Act 1901, Federal Magistrates Act 1999, State Revenue Legislation Amendment Act 2002)","Dual-application mechanism requiring readers to understand both the NSW Act and the 'applied provisions' from Commonwealth law simultaneously","Nested conditional logic in section 5(1) modifying the scope of 'federally relevant criminal activity' to include purely state offences","Complex interaction between state and federal criminal justice systems (section 15 treats state offences as federal for procedural purposes)","Personal capacity provisions for federal judicial officers (section 12) creating a legal fiction that functions are performed personally not institutionally","Transitional provisions in Schedule 2 preserving rights and obligations from the repealed National Crime Authority regime with 12 distinct savings clauses","Regulation-making power allowing future modifications to the ACC laws without legislative amendment (section 6)","Double jeopardy provision (section 17) requiring cross-jurisdictional offence comparison"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a **\"mirror\" or \"application\" law** that brings the Commonwealth's Australian Crime Commission (ACC) laws into force in New South Wales. Instead of duplicating the entire federal law, NSW simply \"adopts\" the Commonwealth legislation and applies it as if it were state law—with some modifications.\n\n**Key things it does:**\n\n*   **Adopts federal crime laws**: It applies the Commonwealth *Australian Crime Commission Act 2002* (and related rules) as NSW law, so the ACC can investigate serious and organised crime that violates NSW laws—not just federal ones.\n*   **Modifies the scope**: Normally the ACC only investigates crimes with a \"federal aspect\" (crossing state borders or involving federal law). This Act lets the ACC investigate purely NSW crimes too, as long as they're serious and organised.\n*   **Treats state offences as federal ones**: Any crime committed under these adopted laws is treated as if it were a Commonwealth offence for practical purposes—meaning federal police and prosecutors can handle investigations, arrests, trials, and punishments using federal criminal procedures.\n*   **Protects federal judges**: When federal judges or magistrates perform functions under this law (like issuing warrants), they do so personally—not as courts—and keep the same legal protections they have in their judicial roles.\n*   **Allows NSW to help the ACC**: The NSW Minister can arrange for state police and agencies to share intelligence with the ACC, or lend staff to work for the ACC.\n*   **Cleans up old laws**: It repeals the previous *National Crime Authority (State Provisions) Act 1984* (the ACC's predecessor) and includes transitional rules so ongoing investigations and evidence transfer smoothly to the new system.\n\n**Who it affects**\n\n*   **The ACC and its staff**: They gain powers to operate in NSW for state crimes.\n*   **NSW police and agencies**: They may share information or second staff to the ACC.\n*   **Suspects and witnesses**: They face serious organised crime investigations using federal-style powers (like compulsory questioning), but with protections against being punished twice for the same act (double jeopardy).\n*   **Federal judges and magistrates**: They may be asked to issue warrants or perform other functions under this law.\n\n**Why it matters**\n\nSerious organised crime—like drug trafficking, money laundering, and corruption—often doesn't respect state borders. This law ensures NSW can tap into the ACC's national expertise and powers while keeping the legal framework consistent across Australia. It avoids duplication and ensures criminals can't hide behind jurisdictional gaps."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the former National Crime Authority (State Provisions) scheme and broadens scope by making the ACC Act and related ACC laws operate in NSW where serious and organised crime includes offences against state law (s5; s23 repeals the old NCA State Provisions). Transitional and savings clauses carry existing investigations, arrangements and secrecy/validation measures into the new ACC framework (Schedule 2), so the practical scope shifts from the NCA regime to the ACC regime while preserving prior actions."},"complexity_factors":["Cross-jurisdictional application of Commonwealth ACC laws into NSW law (s5) creates interplay between federal and state legal regimes.","Regulations may modify applied provisions and can deem specified Commonwealth amendments not to have taken effect in NSW (s6).","Commonwealth Acts Interpretation Act 1901 applies to applied provisions while NSW Interpretation Act is excluded, affecting statutory construction (s7).","Conferral of functions on Commonwealth bodies and persons, including delegation rules and personal-conferment on federal judicial officers, raises questions of authority and immunities (ss8,12,13).","Criminal-law treatment: offences under applied provisions are treated as Commonwealth offences for state purposes, with attendant prosecutorial, arrest, double-jeopardy and sentencing consequences (ss14–17).","Ministerial and administrative arrangements allow the State to supply personnel/intelligence and to enter arrangements with Commonwealth Ministers, creating implementation and operational dependencies (ss18–19).","Extensive savings, transitional and validation provisions carry over prior NCA arrangements and seized materials into the ACC framework (Schedule 2; ss23,25).","Governor may make regulations for matters necessary to give effect to the Act, leaving significant detail to subordinate instruments (s22)."],"plain_english_summary":"This Act applies the Commonwealth's Australian Crime Commission (ACC) laws in New South Wales by making those federal provisions operate here as if they were state law (s5), with regulations able to modify that application (s6). It authorises Commonwealth bodies and officers to exercise ACC functions in NSW (ss8–13), treats offences under the applied provisions as Commonwealth offences for state purposes (ss14–16), and provides for administrative and transitional arrangements (ss18–19; Schedule 2)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-new-south-wales-act-2003","history":"/api/acts/australian-crime-commission-new-south-wales-act-2003/history","analysis":"/api/acts/australian-crime-commission-new-south-wales-act-2003/analysis","conflicts":"/api/acts/australian-crime-commission-new-south-wales-act-2003/conflicts","importantCases":"/api/acts/australian-crime-commission-new-south-wales-act-2003/important-cases","documents":"/api/acts/australian-crime-commission-new-south-wales-act-2003/documents"}}