{"id":"australian-crime-commission-northern-territory-act-2005","name":"Australian Crime Commission (Northern Territory) Act 2005","slug":"australian-crime-commission-northern-territory-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29863,"registerId":"nt-australian-crime-commission-northern-territory-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (Northern Territory) Act 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nAUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005\nAs in force at 31 May 2017\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Act binds Crown .............................................................................. 5\nPart 2 Australian Crime Commission, Board and\nInter-Government Committee\nDivision 1 Australian Crime Commission\n5 Functions of ACC ............................................................................ 5\n6 CEO to manage ACC operations/investigations .............................. 5\n7 Counsel assisting ACC .................................................................... 6\nDivision 2 Board of ACC\n8 Functions of Board .......................................................................... 6\n9 Board meetings ............................................................................... 7\n10 Presiding at Board meetings............................................................ 7\n11 Quorum at Board meetings.............................................................. 7\n12 Voting at Board meetings ................................................................ 8\n13 Conduct of Board meetings ............................................................. 8\n14 Resolutions outside of Board meetings ........................................... 8\n15 Board committees............................................................................ 9\nDivision 3 Inter-Governmental Committee\n16 Functions of Committee ................................................................... 9\nPart 3 Examinations\n17 Examinations ................................................................................. 11\n18 Conduct of examination ................................................................. 11\n19 Power to summon witnesses and take evidence ........................... 14\n20 Power to obtain documents ........................................................... 15\n21 Disclosure of summons or notice may be prohibited ..................... 16\n22 Offences of disclosure ................................................................... 17\n23 Failure of witnesses to attend and answer questions .................... 19\n24 Warrant for arrest of witness.......................................................... 21\n\nAustralian Crime Commission (Northern Territory) Act 2005 ii\n25 False or misleading evidence ........................................................ 22\n26 Protection of witnesses from harm or intimidation ......................... 22\n27 Legal protection of examiners, legal practitioners and\nwitnesses ....................................................................................... 23\n28 Order for delivery to examiner of passport of witness .................... 23\nPart 4 Search warrants\n29 Search warrants ............................................................................ 24\n30 Application by telephone for search warrants ................................ 27\nPart 5 Performance of functions and exercise of\npowers\n31 Consent of Board may be needed before functions can be\nperformed ...................................................................................... 29\n32 Functions not affected by Territory laws ........................................ 29\n33 Extent to which functions are conferred ......................................... 29\n34 Performance of functions ............................................................... 29\n35 Functions of federal judicial officers............................................... 30\n36 Limitation on challenge to Board determination ............................. 31\n37 Cooperation with law enforcement agencies and coordination\nwith overseas authorities ............................................................... 31\n38 Incidental powers of ACC .............................................................. 31\nPart 6 General\n39 Double jeopardy ............................................................................ 32\n40 Arrangements for Board to obtain information or intelligence ........ 32\n41 Administrative arrangements with Commonwealth ........................ 32\n42 Judges to perform functions under ACC Act.................................. 32\n43 Providing reports and information .................................................. 32\n44 Secrecy.......................................................................................... 35\n45 Delegation ..................................................................................... 36\n46 Liability for damages...................................................................... 36\n47 Obstructing, hindering or disrupting ACC or examiner .................. 36\n48 Public meetings and bulletins ........................................................ 37\n49 Annual report ................................................................................. 37\n50 Things done for multiple purposes................................................. 38\n51 Regulations.................................................................................... 38\nPart 7 Repeals and transitional matters for\nAustralian Crime Commission (Northern\nTerritory) Act 2005\n52 Repeal ........................................................................................... 39\n53 Terms used in this Part .................................................................. 39\n54 Certain investigations taken to be special investigations ............... 39\n\nAustralian Crime Commission (Northern Territory) Act 2005 iii\n55 Assembling and giving evidence obtained by NCA ....................... 39\n56 Limitation on challenges to validity of references .......................... 39\n57 Arrangements to obtain information or intelligence........................ 40\n58 Things seized under search warrants ............................................ 40\n59 Directions as to publication ............................................................ 40\n60 Disclosure of summons or notice................................................... 40\n61 Witness protection ......................................................................... 40\n62 Administrative arrangements in relation to NCA ............................ 41\n63 Secrecy obligations ....................................................................... 41\n64 Transitional regulations ................................................................. 41\nSchedule Repealed Acts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 31 May 2017\n____________________\nAUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005\nAn Act to provide for the operation of the Australian Crime Commission\nin the Northern Territory and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Australian Crime Commission\n(Northern Territory) Act 2005.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nACC Act means the Australian Crime Commission Act 2002 of the\nCommonwealth.\nACC operation/investigation means:\n(a) an ACC Territory intelligence operation; or\n(b) an ACC Territory investigation.\nACC Territory intelligence operation means an intelligence\noperation that the ACC is undertaking under section 5(a).\nACC Territory investigation means an investigation that the ACC\nis conducting under section 5(b).\nauthority includes a department, agency or body.\nCommonwealth body or person means:\n(a) the ACC;\n(b) the Board;\n\nPart 1 Preliminary\nAustralian Crime Commission (Northern Territory) Act 2005 2\n(c) the Chair of the Board;\n(d) a member of the Board;\n(e) the Inter-Governmental Committee;\n(f) the CEO;\n(g) a member of the staff of the ACC;\n(h) an examiner;\n(i) a Judge of the Federal Court; or\n(j) a Judge of the Federal Circuit Court.\nCommonwealth Minister means the Commonwealth Minister\nadministering the ACC Act.\nconfer includes to impose.\nfunction has a meaning affected by subsection (4).\nintelligence operation means the collection, correlation, analysis\nor dissemination of criminal information and intelligence relating to\na relevant criminal activity.\nissuing officer means:\n(a) a Judge of the Federal Court;\n(b) a Judge of the Supreme Court; or\n(c) a Judge of the Federal Circuit Court.\nperform includes to exercise.\nserious and organised crime means an offence:\n(a) that involves 2 or more offenders and substantial planning and\norganisation;\n(b) that involves, or is of a kind that ordinarily involves, the use of\nsophisticated methods and techniques;\n(c) that is committed, or is of a kind that is ordinarily committed, in\nconjunction with other offences of a like kind;\n\nPart 1 Preliminary\nAustralian Crime Commission (Northern Territory) Act 2005 3\n(d) that is an offence of a kind prescribed by the Regulations or\nan offence that involves any of the following:\n(i) theft;\n(ii) fraud;\n(iii) tax evasion;\n(iv) money laundering;\n(v) currency violations;\n(vi) illegal drug dealings;\n(vii) illegal gambling;\n(viii) obtaining financial benefit by vice engaged in by others;\n(ix) extortion;\n(x) violence;\n(xi) bribery or corruption of, or by, an officer of the\nCommonwealth or an officer of a State or 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\nAustralia;\n(xix) cybercrime;\n(xx) matters of the same general nature as one or more of\nthe matters listed above; or\n(e) that is punishable by imprisonment for a period of 3 years or\nmore,\n\nPart 1 Preliminary\nAustralian Crime Commission (Northern Territory) Act 2005 4\nbut does not include:\n(f) an offence committed in the course of a genuine dispute as to\nmatters pertaining to the relations of employees and\nemployers by a party to the dispute, unless the offence is\ncommitted in connection with, or as part of, a course of activity\ninvolving the commission of a serious and organised crime\nother than an offence so committed; or\n(g) an offence the time for the commencement of a prosecution\nfor which has expired.\nspecial ACC operation/investigation means:\n(a) an ACC Territory intelligence operation that the Board has\ndetermined to be a special operation; or\n(b) an ACC Territory investigation that the Board has determined\nto be a special investigation.\nState or Territory means a State of the Commonwealth, the\nNorthern Territory, the Australian Capital Territory or an external\nTerritory.\nTerritory Minister means the Northern Territory Minister principally\nresponsible for administering the Police Administration Act 1978.\nthe Territory means the Northern Territory of Australia.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) If this Act uses a term that is used in the ACC Act, the term has the\nsame meaning in this Act as it has in the ACC Act unless the\ncontrary intention appears in this Act.\n(3) If the head of an ACC operation/investigation suspects that an\noffence (the incidental offence) that is not a serious and organised\ncrime may be directly or indirectly connected with, or may be a part\nof, a course of activity involving the commission of a serious and\norganised crime (whether or not the head has identified the nature\nof that serious and organised crime), then the incidental offence is,\nfor so long only as the head so suspects, taken, for the purposes of\nthis Act, to be a serious and organised crime.\n(4) A reference in this Act (other than in Part 2) to a function includes a\nreference to a power or duty.\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 1 Australian Crime Commission\nAustralian Crime Commission (Northern Territory) Act 2005 5\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Australian Crime Commission, Board and Inter-\nGovernment Committee\nDivision 1 Australian Crime Commission\n5 Functions of ACC\nThe ACC has the following functions:\n(a) to undertake an intelligence operation in so far as the serious\nand organised crime is, or the serious and organised crimes\nare or include, an offence or offences against a law of the\nTerritory (irrespective of whether that offence or those\noffences have a federal aspect);\n(b) to investigate a matter relating to a relevant criminal activity, in\nso far as the serious and organised crime is, or the serious\nand organised crimes are or include, an offence or offences\nagainst a law of the Territory (irrespective of whether that\noffence or those offences have a federal aspect);\n(c) to provide a report to the Board on the outcome of an\noperation mentioned in paragraph (a) or an investigation\nmentioned in paragraph (b);\n(d) the functions conferred on the ACC by other provisions of this\nAct or any other Act or Commonwealth Act.\n6 CEO to manage ACC operations/investigations\n(1) The CEO is to manage, coordinate and control ACC\noperations/investigations.\n(2) As soon as practicable after the Board consents under\nsection 55A(3) of the ACC Act to the ACC undertaking an\nintelligence operation under section 5(a) or conducting an\ninvestigation under section 5(b), the CEO must determine, in\nwriting, the head of the operation or investigation.\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 2 Board of ACC\nAustralian Crime Commission (Northern Territory) Act 2005 6\n(3) Before the CEO determines the head of the operation or\ninvestigation, the CEO must consult the Chair of the Board, and the\nother members of the Board the CEO thinks appropriate, in relation\nto the determination.\n(4) Subject to the consultation with the examiners as is appropriate and\npracticable, the CEO may make arrangements as to the examiner\nwho is to be able to exercise his or her powers under this Act in\nrelation to a special ACC operation/investigation.\n7 Counsel assisting ACC\nThe CEO may appoint a legal practitioner to assist the ACC as\ncounsel in relation to ACC operations/investigations generally or in\nrelation to a particular matter or matters.\nDivision 2 Board of ACC\n8 Functions of Board\n(1) The Board has the following functions:\n(a) to determine, in writing, whether an ACC Territory intelligence\noperation is a special operation or whether an ACC Territory\ninvestigation is a special investigation;\n(b) to determine, in writing, the class or classes of persons to\nparticipate in an ACC Territory intelligence operation or ACC\nTerritory investigation;\n(c) to establish task forces;\n(d) the other functions conferred on the Board by other provisions\nof this Act.\n(2) The Board may determine, in writing, that an ACC Territory\nintelligence operation is a special operation.\n(3) Before making a determination under subsection (2), the Board\nmust consider whether methods of collecting the criminal\ninformation and intelligence that do not involve the use of powers in\nthis Act have been effective.\n(4) The Board may determine, in writing, that an ACC Territory\ninvestigation is a special investigation.\n(5) Before making a determination under subsection (4), the Board\nmust consider whether ordinary police methods of investigation into\nthe matters are likely to be effective.\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 2 Board of ACC\nAustralian Crime Commission (Northern Territory) Act 2005 7\n(6) A determination under subsection (2) or (4) must:\n(a) describe the general nature of the circumstances or\nallegations constituting the relevant criminal activity to which\nthe operation or investigation relates;\n(b) state that the serious and organised crime is, or the serious\nand organised crimes are or include, an offence or offences\nagainst a law of the Territory but need not specify the\nparticular offence or offences; and\n(c) set out the purpose of the operation or investigation.\n(7) The Chair of the Board must, within the period of 3 days beginning\non the day a determination under subsection (2) or (4) is made,\ngive a copy of the determination to the Inter-Governmental\nCommittee.\n(8) A determination under subsection (2) or (4) has effect immediately\nafter it is made.\n(9) Sections 9 to 15 (inclusive) have effect in relation to the Board's\nfunctions under this Act.\n9 Board meetings\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,\nmust ensure that meetings of the Board are scheduled to meet the\nrequirements set out in section 7D of the ACC Act.\n10 Presiding at Board meetings\nA meeting of the Board must be presided over by:\n(a) if the Chair of the Board is present – the Chair; or\n(b) otherwise – another eligible Commonwealth Board member\nwho is present and who is nominated, in writing, by the Chair\nto preside.\n11 Quorum at Board meetings\nAt a meeting of the Board a quorum is constituted by 9 Board\nmembers (not including the CEO).\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 2 Board of ACC\nAustralian Crime Commission (Northern Territory) Act 2005 8\n12 Voting at Board meetings\n(1) Subject to this section, a question arising at a meeting of the Board\nis to be determined by a majority of the votes of Board members\npresent.\n(2) The person presiding at a meeting has:\n(a) a deliberative vote; and\n(b) if necessary, also a casting vote.\n(3) The CEO is not entitled to vote on any question arising at a meeting\nof the Board.\n(4) The Board cannot determine that an ACC Territory intelligence\noperation is a special operation, or that an ACC Territory\ninvestigation is a special investigation, unless at least 9 Board\nmembers (including at least 2 eligible Commonwealth Board\nmembers) vote in favour of making the determination.\n13 Conduct of Board meetings\n(1) The Board may regulate proceedings at its meetings as it considers\nappropriate.\n(2) The Board must ensure that minutes of its meetings are kept.\n14 Resolutions outside of Board meetings\n(1) This section applies to a resolution:\n(a) that, without being considered at a meeting of the Board, is\nreferred to all members of the Board; and\n(b) of which:\n(i) if subparagraph (ii) does not apply – a majority of those\nmembers (not including the CEO); or\n(ii) if the resolution is that the Board determine that an ACC\nTerritory intelligence operation is a special operation, or\nthat an ACC Territory investigation is a special\ninvestigation – at least 9 Board members (not including\nthe CEO but including at least 2 eligible Commonwealth\nBoard members),\nindicate by telephone or other mode of communication to the\nChair of the Board that they are in favour.\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 3 Inter-Governmental Committee\nAustralian Crime Commission (Northern Territory) Act 2005 9\n(2) The resolution is as valid and effectual as if it had been passed at a\nmeeting of the Board duly convened and held.\n15 Board committees\n(1) The Board may, with the unanimous agreement of all the members\nof the Board (not including the CEO), establish a committee or\ncommittees to assist in carrying out the functions of the Board.\n(2) The Board may dissolve a committee at any time.\n(3) The functions of a committee are those determined by the\nunanimous agreement of all the members of the Board (not\nincluding the CEO).\n(4) However, the Board cannot determine that a committee has the\nfunction of determining whether an ACC Territory intelligence\noperation is a special operation or whether an ACC Territory\ninvestigation is a special investigation.\n(5) In performing its functions, a committee must comply with any\ndirections given to the committee by the Board.\n(6) A question arising at a meeting of a committee is to be determined\nby a majority of the votes of committee members present.\n(7) However, the CEO is not entitled to vote on any question arising at\na meeting of a committee of which he or she is a member.\n(8) A committee must inform the other members of the Board of its\ndecisions.\n(9) A committee may regulate proceedings at its meetings as it\nconsiders appropriate.\n(10) A committee must ensure that minutes of its meetings are kept.\nDivision 3 Inter-Governmental Committee\n16 Functions of Committee\n(1) Within the period of 30 days beginning on the day the Committee is\ngiven a copy of a determination (a special determination) under\nsection 8(2) or (4), the Committee may by resolution, with the\nagreement of the member of the Committee representing the\nCommonwealth and at least 5 other members of the Committee,\nrequest the Chair of the Board to give further information to the\nCommittee in relation to the determination.\n\nPart 2 Australian Crime Commission, Board and Inter-Government Committee\nDivision 3 Inter-Governmental Committee\nAustralian Crime Commission (Northern Territory) Act 2005 10\n(2) Subject to subsection (3), the Chair of the Board must comply with\nthe request.\n(3) If the Chair of the Board considers that disclosure of information to\nthe public could prejudice the safety or reputation of persons or the\noperations of law enforcement agencies, the Chair must not give\nthe Committee the information.\n(4) If the Chair of the Board does not give the Committee information\non the ground that the Chair considers that disclosure of the\ninformation to the public could prejudice the safety or reputation of\npersons or the operations of law enforcement agencies, the\nCommittee may refer the request to the Territory Minister.\n(5) If the Committee refers the request to the Territory Minister, he or\nshe:\n(a) must determine in writing whether disclosure of the\ninformation could prejudice the safety or reputation of persons\nor the operations of law enforcement agencies;\n(b) must provide copies of that determination to the Chair of the\nBoard and the Committee; and\n(c) must not disclose his or her reasons for determining the\nquestion of whether the information could prejudice the safety\nor reputation of persons or the operations of law enforcement\nagencies in the way stated in the determination.\n(6) Within the period of 30 days beginning on the day the Committee\nmakes a request under subsection (1) in relation to a special\ndetermination, the Committee may by resolution, with the\nagreement of the member of the Committee representing the\nCommonwealth and at least 5 other members of the Committee,\nrevoke the determination.\n(7) The Committee must notify the Chair of the Board and the CEO of\nthe revocation.\n(8) The revocation takes effect when the CEO is so notified.\n(9) To avoid doubt, the revoking of the determination does not affect\nthe validity of any act done in connection with the ACC\noperation/investigation concerned before the CEO is so notified.\n(10) The Committee does not have a duty to consider whether to\nexercise the power under subsection (1) or (6) for any special\ndetermination, whether the Committee is requested to do so by any\nperson, or in any other circumstances.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 11\nPart 3 Examinations\n17 Examinations\n(1) An examiner may conduct an examination for the purposes of a\nspecial ACC operation/investigation.\n(2) For this Part, a reference to an examination is a reference to an\nexamination before an examiner.\n18 Conduct of examination\n(1) An examiner may regulate the conduct of proceedings at an\nexamination as the examiner thinks fit.\n(2) At the examination:\n(a) a person giving evidence may be represented by a legal\npractitioner; and\n(b) if, by reason of the existence of special circumstances, the\nexaminer consents to a person who is not giving evidence\nbeing represented by a legal practitioner – the person may be\nso represented.\n(3) The examination must be held in private and the examiner may give\ndirections as to the persons who may be present during the\nexamination or a part of the examination.\n(4) A direction given by the examiner under subsection (3) does not\nprevent the presence, when evidence is being taken at the\nexamination, of:\n(a) a person representing the person giving evidence; or\n(b) a person representing, in accordance with subsection (2), a\nperson who, by reason of a direction given by the examiner\nunder subsection (3), is entitled to be present.\n(5) A person (other than a member of the staff of the ACC approved by\nthe examiner) must not be present at an examination unless the\nperson is entitled to be present by reason of a direction given by the\nexaminer under subsection (3) or by reason of subsection (4).\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 12\n(6) At the examination the following persons may, so far as the\nexaminer thinks appropriate, examine or cross-examine any\nwitness on any matter that the examiner considers relevant to the\nACC operation/investigation:\n(a) counsel assisting the examiner generally or in relation to the\nmatter to which the ACC operation/investigation relates;\n(b) any person authorised by the examiner to appear at the\nexamination;\n(c) any legal practitioner representing a person at the examination\nin accordance with subsection (2).\n(7) If a person (other than a member of the staff of the ACC) is present\nat an examination while another person (the witness) is giving\nevidence, 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\nof the person.\n(8) To avoid doubt, a person does not cease to be entitled to be\npresent at an examination or part of 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\nunder subsection (7)(b).\n(9) An examiner may direct that the following must not be published, or\nmust not be published except in the way, and to the persons, that\nthe examiner specifies:\n(a) any evidence given before the examiner;\n(b) the contents of any document, or a description of any thing,\nproduced to the examiner;\n(c) any information that might enable a person who has given\nevidence before the examiner to be identified;\n(d) the fact that any person has given or may be about to give\nevidence at an examination.\n(10) The examiner must give a direction under subsection (9) if the\nfailure to do so might prejudice the safety or reputation of a person\nor prejudice the fair trial of a person who has been, or may be,\ncharged with an offence.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 13\n(11) Subject to subsection (12), the CEO may, in writing, vary or revoke\na direction under subsection (9).\n(12) The CEO must not vary or revoke a direction if to do so might\nprejudice the safety or reputation of a person or prejudice the fair\ntrial of a person who has been, or may be, charged with an offence.\n(13) If:\n(a) a person has been charged with an offence before a federal\ncourt or before a court of the Territory; and\n(b) the court considers that it may be desirable in the interests of\njustice that particular evidence given before an examiner,\nbeing evidence in relation to which the examiner has given a\ndirection under subsection (9), be made available to the\nperson or to a legal practitioner representing the person,\nthe court may give to the examiner or to the CEO a certificate to\nthat effect.\n(14) If a court gives a certificate to the examiner or the CEO under\nsubsection (13), the examiner or the CEO must make the evidence\navailable to the court.\n(15) If:\n(a) the examiner or the CEO makes evidence available to a court\nunder subsection (14); and\n(b) the court, after examining the evidence, is satisfied that the\ninterests of justice so require,\nthe court may make the evidence available to the person charged\nwith the offence concerned or to a legal practitioner representing\nthe person.\n(16) A person must not be present at the examination in contravention of\nsubsection (5) or make a publication in contravention of a direction\ngiven under subsection (9).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(17) At the conclusion of the examination, the examiner must give the\nhead of the special ACC operation/investigation:\n(a) a record of the proceedings of the examination; and\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 14\n(b) any documents or other things given to the examiner at, or in\nconnection with, the examination.\n19 Power to summon witnesses and take evidence\n(1) An examiner may summon a person to appear at an examination to\ngive evidence and to produce any documents or other things\nreferred to in the summons.\n(2) Before issuing a summons under subsection (1), the examiner\nmust:\n(a) be satisfied that it is reasonable in all the circumstances to do\nso; and\n(b) record in writing the reasons for the issue of the summons.\n(3) A summons under subsection (1) must be accompanied by a copy\nof the determination of the Board that the ACC Territory intelligence\noperation is a special operation or that the ACC Territory\ninvestigation is a special investigation.\n(4) Subject to subsection (5), a summons under subsection (1) must\nset out, so far as is reasonably practicable, the general nature of\nthe matters in relation to which the examiner intends to question the\nperson.\n(5) The summons is not required to set out the matters required by\nsubsection (4) if the examiner is satisfied that, in the particular\ncircumstances of the special ACC operation/investigation to which\nthe examination relates, it would prejudice the effectiveness of the\nspecial ACC operation/investigation for the summons to do so.\n(6) Subsection (4) does not prevent the examiner from questioning the\nperson in relation to any matter that relates to a special ACC\noperation/investigation.\n(7) The examiner who is holding an examination may require a person\nappearing at the examination to produce a document or other thing.\n(8) An examiner may, at an examination, take evidence on oath and for\nthat purpose:\n(a) the examiner may require a person appearing at the\nexamination to give evidence to take an oath in a form\napproved by the examiner; and\n(b) the examiner, or a person who is an authorised person in\nrelation to the ACC, may administer an oath to a person so\nappearing at the examination.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 15\n(9) In this section, a reference to a person who is an authorised person\nin relation to the ACC is a reference to a person authorised in\nwriting, or a person included in a class of persons authorised in\nwriting, for this section by the CEO.\n(10) The powers conferred by this section are not exercisable except for\nthe purposes of a special ACC operation/investigation.\n20 Power to obtain documents\n(1) An examiner may, by notice in writing served on a person, require\nthe person:\n(a) to attend, at a time and place specified in the notice, before a\nperson specified in the notice, being the examiner or a\nmember of the staff of the ACC; and\n(b) to produce, at the time and place and to the person specified\nin the notice, a document or thing that is relevant to a special\nACC operation/investigation and is specified in the notice.\n(2) Before issuing a notice under subsection (1), the examiner must:\n(a) be satisfied that it is reasonable in all the circumstances to do\nso; and\n(b) record in writing the reasons for the issue of the notice.\n(3) A notice may be issued under this section in relation to a special\nACC operation/investigation, whether or not an examination is\nbeing held for the purposes of the operation or investigation.\n(4) A person must not refuse or fail to comply with a notice served on\nthe person under this section.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(5) The provisions of section 23(3) to (8) (inclusive) and (10) apply in\nrelation to a person who is required to produce a document or thing\nby a notice served on him or her under this section in the same way\nas they apply in relation to a person who is required to produce a\ndocument or thing at an examination.\n(6) If there is a contravention of section 23(5) as applied by\nsubsection (5), the provisions of section 23(9) apply to that\ncontravention.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 16\n21 Disclosure of summons or notice may be prohibited\n(1) The examiner issuing a summons under section 19 or a notice\nunder section 20 must, or may, as provided in subsection (2),\ninclude in it a notation to the effect that disclosure of information\nabout the summons or notice, or any official matter connected with\nit, is prohibited except in the circumstances, if any, specified in the\nnotation.\n(2) A notation must not be included in the summons or notice except as\nfollows:\n(a) the examiner must include the notation if satisfied that failure\nto do so would reasonably be expected to prejudice:\n(i) the safety or reputation of a person;\n(ii) the fair trial of a person who has been, or may be,\ncharged with an offence; or\n(iii) the effectiveness of an operation or investigation;\n(b) the examiner may include the notation if satisfied that failure to\ndo so might prejudice:\n(i) the safety or reputation of a person;\n(ii) the fair trial of a person who has been, or may be,\ncharged with an offence; or\n(iii) the effectiveness of an operation or investigation;\n(c) the examiner may include the notation if satisfied that failure to\ndo so might otherwise be contrary to the public interest.\n(3) If a notation is included in the summons or notice, it must be\naccompanied by a written statement setting out the rights and\nobligations conferred or imposed by section 22 on the person who\nwas served with, or otherwise given, the summons or notice.\n(4) A notation that is included under this section in any summons or\nnotice relating to the operation or investigation is cancelled by this\nsubsection if, after the ACC has concluded the operation or\ninvestigation concerned:\n(a) no evidence of an offence has been obtained as described in\nsection 34(1);\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 17\n(b) evidence of an offence or offences has been assembled and\ngiven as required by section 34(1) and the CEO has been\nadvised that no person will be prosecuted;\n(c) evidence of an offence or offences committed by only one\nperson has been assembled and given as required by\nsection 34(1) and criminal proceedings have begun against\nthat person; or\n(d) evidence of an offence or offences committed by 2 or more\npersons has been assembled and given as required by\nsection 34(1) and criminal proceedings have begun:\n(i) against all those persons; or\n(ii) against one or more of those persons and the CEO has\nbeen advised that no other of those persons will be\nprosecuted.\n(5) If a notation is cancelled by subsection (4), the CEO must serve a\nwritten notice of that fact on each person who was served with, or\notherwise given, the summons or notice containing the notation.\n(6) In this section:\nofficial matter has the same meaning as in section 22.\n22 Offences of disclosure\n(1) A person who is served with, or otherwise given, a summons or\nnotice containing a notation made under section 21 must not\ndisclose:\n(a) the existence of the summons or notice or any information\nabout it; or\n(b) the existence of, or any information about, any official matter\nconnected with the summons or notice.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Subsection (1) does not prevent the person from making a\ndisclosure:\n(a) in accordance with the circumstances, if any, specified in the\nnotation;\n(b) to a legal practitioner for the purpose of obtaining legal advice\nor representation relating to the summons, notice or matter;\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 18\n(c) if the person is a body corporate – to an officer or agent of the\nbody corporate for the purpose of ensuring compliance with\nthe summons or notice; or\n(d) if the person is a legal practitioner – for the purpose of\nobtaining the agreement of another person under\nsection 23(4) to the legal practitioner answering a question or\nproducing a document at an examination before an examiner.\n(3) If a disclosure is made to a person as permitted by subsection (2)\nor (4), the following provisions apply:\n(a) while he or she is a person of a kind to whom a disclosure is\nso permitted to be made, he or she must not disclose the\nexistence of, or any information about, the summons or notice,\nor any official matter connected with it, except as permitted by\nsubsection (4);\n(b) while he or she is no longer a person of a kind to whom a\ndisclosure is permitted to be made, he or she must not, in any\ncircumstances, make a record of, or disclose the existence of,\nthe summons, notice or matter, or disclose any information\nabout any of them.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(4) A person to whom information has been disclosed, as permitted by\nsubsection (2) or this subsection, may disclose that information:\n(a) if the person is an officer or agent of a body corporate referred\nto in subsection (2)(c):\n(i) to another officer or agent of the body corporate for the\npurpose of ensuring compliance with the summons or\nnotice; or\n(ii) to a legal practitioner for the purpose of obtaining legal\nadvice or representation relating to the summons, notice\nor matter; or\n(b) if the person is a legal practitioner – for the purpose of giving\nlegal advice, or making representations, relating to the\nsummons, notice or matter.\n(5) This section ceases to apply to a summons or notice after the\nsooner of:\n(a) the cancellation of the notation contained in the summons or\nnotice by section 21(4); or\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 19\n(b) the elapse of 5 years after the issue of the summons or notice.\n(6) A reference in this section to disclosing something's existence\nincludes disclosing information from which a person could\nreasonably be expected to infer its existence.\n(7) In this section:\nofficial matter means any of the following (whether past, present\nor contingent):\n(a) the determination referred to in section 19(3);\n(b) an ACC operation/investigation;\n(c) an examination held by an examiner;\n(d) court proceedings.\n23 Failure of witnesses to attend and answer questions\n(1) A person served, as prescribed, with a summons to appear as a\nwitness at an examination must not:\n(a) fail to attend as required by the summons; or\n(b) fail to attend from day-to-day unless excused, or released\nfrom further attendance, by the examiner.\n(2) A person appearing as a witness at an examination must not:\n(a) when required pursuant to section 19 to take an oath – refuse\nor fail to comply with the requirement; or\n(b) refuse or fail to answer a question that he or she is required to\nanswer by the examiner; or\n(c) refuse or fail to produce a document or thing that he or she\nwas required to produce by a summons under this Act served\non him or her as prescribed.\n(3) Subsection (4) applies if:\n(a) a legal practitioner is required to answer a question or produce\na document at an examination; and\n(b) the answer to the question would disclose, or the document\ncontains, a privileged communication made by or to the legal\npractitioner in his or her capacity as a legal practitioner.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 20\n(4) The legal practitioner is entitled to refuse to comply with the\nrequirement unless the person to whom or by whom the\ncommunication was made agrees to the legal practitioner\ncomplying with the requirement.\n(5) If the legal practitioner refuses to comply with the requirement, he\nor she must, if so required by the examiner, give the examiner the\nname and address of the person to whom or by whom the\ncommunication was made.\n(6) Subsection (8) limits the use that can be made of any answers\ngiven, or documents or things produced, at an examination.\n(7) Subsection (8) only applies if:\n(a) a person appearing as a witness at an examination:\n(i) answers a question that he or she is required to answer\nby the examiner; or\n(ii) produces a document or thing that he or she was\nrequired to produce by a summons under this Act served\non him or her as prescribed; and\n(b) for the production of a document that is, or forms part of, a\nrecord of an existing or past business – the document sets out\ndetails of earnings received by the person in respect of his or\nher employment and does not set out any other information;\nand\n(c) before answering the question or producing the document or\nthing, the person claims that the answer, or the production of\nthe document or thing, might tend to incriminate the person or\nmake the person liable to a penalty.\n(8) The answer, or the document or thing, is not admissible in evidence\nagainst the person in a criminal proceeding or a proceeding for the\nimposition of a penalty, other than:\n(a) confiscation proceedings; or\n(b) a proceeding in relation to:\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\nof any statement contained in the document.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 21\n(9) A person who contravenes subsection (1), (2) or (5) is guilty of an\noffence.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(10) Subsection (4) does not affect the law relating to client legal\nprivilege.\n24 Warrant for arrest of witness\n(1) On application by an examiner, a Judge of the Federal Court sitting\nin chambers or a Judge of the Supreme Court may issue a warrant\nfor the apprehension of a person if the Judge is satisfied by\nevidence on oath that there are reasonable grounds to believe:\n(a) that a person who has been ordered, under section 28, to\ndeliver his or her passport to the examiner, whether or not the\nperson has complied with the order, is nevertheless likely to\nleave Australia for the purpose of avoiding giving evidence\nbefore the examiner;\n(b) that a person in relation to whom a summons has been issued\nunder section 19(1):\n(i) has absconded or is likely to abscond; or\n(ii) is otherwise attempting, or is otherwise likely to attempt,\nto evade service of the summons; or\n(c) that a person has committed an offence under section 23(1) or\nis likely to do so.\n(2) The warrant may be executed by any person to whom it is\naddressed and the person executing it has power to break into and\nenter any premises, vessel, aircraft or vehicle for the purpose of\nexecuting it.\n(3) A member of the Australian Federal Police cannot execute the\nwarrant unless he or she is also a member of the staff of the ACC.\n(4) The warrant may be executed even if the warrant is not at the time\nin the possession of the person executing it.\n(5) A person executing the warrant may only use such reasonable\nforce as is necessary for the execution.\n(6) If a person is apprehended under the warrant, he or she must be\nbrought, as soon as practicable, before a Judge of the Federal\nCourt or a Judge of the Supreme Court.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 22\n(7) The Judge may:\n(a) admit the person to bail, with such security as the Judge\nthinks fit, on such conditions as he or she thinks necessary to\nensure the appearance of the person as a witness before the\nexaminer;\n(b) order the continued detention of the person for the purposes\nof ensuring his or her appearance as such a witness; or\n(c) order the release of the person.\n(8) A person under detention under this section must be again brought\nbefore a Judge:\n(a) within 14 days after he or she was brought, or last brought,\nbefore a Judge under this section; or\n(b) within the shorter or longer time fixed by a Judge on the last\nprevious appearance of the person before a Judge under this\nsection.\n(9) If a person is brought before a Judge under subsection (8), the\nJudge may exercise any of the powers of a Judge under\nsubsection (7).\n(10) In this section:\nAustralia includes the external Territories.\n25 False or misleading evidence\nA person must not give evidence at an examination that the person\nknows is false or misleading in a material particular.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n26 Protection of witnesses from harm or intimidation\n(1) This section applies if it appears to an examiner that the safety of a\nperson may be prejudiced or the person may be subjected to\nintimidation or harassment, by reason of the fact that the person:\n(a) is to appear, is appearing or has appeared at an examination\nto give evidence or to produce a document or thing; or\n(b) proposes to give or has given information, or proposes to\nproduce or has produced a document or thing, to the ACC\notherwise than at an examination.\n\nPart 3 Examinations\nAustralian Crime Commission (Northern Territory) Act 2005 23\n(2) The examiner may make arrangements (including arrangements\nwith the Territory Minister or with members of the Australian\nFederal Police or of the Police Force of the Territory) that are\nnecessary to avoid prejudice to the safety of the person, or to\nprotect the person from intimidation or harassment.\n27 Legal protection of examiners, legal practitioners and\nwitnesses\n(1) An examiner has, in the performance of his or her functions or the\nexercise of his or her powers as an examiner in relation to an\nexamination, the same protection and immunity as a Justice of the\nHigh Court.\n(2) A legal practitioner assisting the ACC or an examiner or\nrepresenting a person at an examination has the same protection\nand immunity as a legal practitioners appearing for a party in\nproceedings in the High Court.\n(3) Subject to this Act, a person summoned to attend or appearing\nbefore an examiner as a witness has the same protection as a\nwitness in proceedings in the High Court.\n28 Order for delivery to examiner of passport of witness\n(1) Subsection (2) applies if, on application by an examiner, a Judge of\nthe Federal Court is satisfied by evidence on oath that:\n(a) in connection with a special ACC operation/investigation, a\nsummons has been issued under this Act requiring a person\nto appear before an examiner at an examination (whether or\nnot the summons has been served), or a person has appeared\nbefore an examiner at an examination, to give evidence or to\nproduce documents or other things;\n(b) there are reasonable grounds for believing that the person\nmay be able:\n(i) to give to the examiner evidence or further evidence that\nis; or\n(ii) to produce to the examiner documents or other things or\nfurther documents or other things that are,\nrelevant to the special ACC operation/investigation and could\nbe of particular significance to the special ACC\noperation/investigation; and\n\nPart 4 Search warrants\nAustralian Crime Commission (Northern Territory) Act 2005 24\n(c) there are reasonable grounds for suspecting that the person\nintends to leave Australia and has in his or her possession,\ncustody or control a passport issued to him or her.\n(2) The Judge may make an order requiring the person to appear\nbefore a Judge of the Federal Court on a date, and at a time and\nplace, specified in the order to show cause why he or she should\nnot be ordered to deliver the passport to the examiner.\n(3) If a person appears before a Judge of the Federal Court under an\norder made under subsection (2), the Judge may, if he or she thinks\nfit, make an order:\n(a) requiring the person to deliver to the examiner any passport\nissued to him or her that is in his or her possession, custody or\ncontrol; and\n(b) authorising the examiner to retain the passport until the\nexpiration of such period, not exceeding one month, as is\nspecified in the order.\n(4) A Judge of the Federal Court may, on application by the examiner,\nextend for a further period (not exceeding one month) or further\nperiods (not exceeding one month in each case) the period for\nwhich the examiner is authorised to retain a passport under an\norder made under subsection (3), but so that the total period for\nwhich the examiner is authorised to retain the passport does not\nexceed 3 months.\n(5) A Judge of the Federal Court may, at any time while the examiner\nis authorised under an order made under this section to retain a\npassport issued to a person, on application made by the person,\nrevoke the order and, if the order is revoked, the examiner must\nforthwith return the passport to the person.\n(6) In this section:\nAustralia includes the external Territories.\nPart 4 Search warrants\n29 Search warrants\n(1) An eligible person may apply to an issuing officer for the issue of a\nwarrant under subsection (2) if:\n(a) the eligible person has reasonable grounds for suspecting\nthat, on a particular day (the relevant day), being the day on\nwhich, or a particular day within one month after the day on\n\nPart 4 Search warrants\nAustralian Crime Commission (Northern Territory) Act 2005 25\nwhich, the application is made, there may be, on any land or\non or in any premises, vessel, aircraft or vehicle, a thing or\nthings of a particular kind connected with a special ACC\noperation/investigation (things of the relevant kind); and\n(b) the eligible person believes on reasonable grounds that, if a\nsummons were issued for the production of the thing or things,\nthe thing or things might be concealed, lost, mutilated or\ndestroyed.\n(2) If an application under subsection (1) is made, the issuing officer\nmay issue a warrant authorising a person named in the warrant (the\nauthorised person), with the assistance the authorised person\nthinks necessary and if necessary by force:\n(a) to enter upon the land or upon or into the premises, vessel,\naircraft or vehicle;\n(b) to search the land, premises, vessel, aircraft or vehicle for\nthings of the relevant kind;\n(c) to seize any things of the relevant kind found upon the land or\nupon or in the premises, vessel, aircraft or vehicle; and\n(d) to deliver the things seized to any person participating in the\nspecial ACC operation/investigation.\n(3) A member of the Australian Federal Police cannot be an authorised\nperson unless he or she is also a member of the staff of the ACC.\n(4) An issuing officer must not issue a warrant under subsection (2)\nunless:\n(a) the issuing officer has been given:\n(i) an affidavit setting out the grounds on which the issue of\nthe warrant is being sought; and\n(ii) if the issuing officer requires further information\nconcerning the grounds on which the issue of the\nwarrant is being sought – that further information, either\norally or by affidavit; and\n(b) the issuing officer is satisfied that there are reasonable\ngrounds for issuing the warrant.\n(5) If an issuing officer issues a warrant under subsection (2), he or she\nmust state on the affidavit mentioned in subsection (4)(a)(i) which of\nthe grounds specified in that affidavit have been relied on to justify\nthe issue of the warrant and particulars of any other grounds relied\n\nPart 4 Search warrants\nAustralian Crime Commission (Northern Territory) Act 2005 26\non to justify the issue of the warrant.\n(6) A warrant issued under this section must:\n(a) state the purpose for which the warrant is issued, including a\nreference to the special ACC operation/investigation with\nwhich the things of the relevant kind are connected;\n(b) state whether entry is authorised to be made at any time of the\nday or night or during specified hours of the day or night;\n(c) describe the kind of things authorised to be seized; and\n(d) specify a date, not being later than one month after the date of\nissue of the warrant, upon which the warrant ceases to have\neffect.\n(7) A warrant issued under this section may be executed, subject to its\nterms, at any time during the period commencing on the relevant\nday and ending on the date specified in the warrant as the date on\nwhich the warrant ceases to have effect.\n(8) A person executing a warrant issued under this section may only\nuse the reasonable force necessary for the execution.\n(9) If, in the course of searching, under a warrant issued under this\nsection, for a thing of the relevant kind, the person executing the\nwarrant:\n(a) finds a thing that he or she believes on reasonable grounds to\nbe evidence that would be admissible in the prosecution of a\nperson for an offence against a law of the Commonwealth or\nof a State or Territory; and\n(b) believes on reasonable grounds that it is necessary to seize\nthe thing in order to prevent its concealment, loss, mutilation\nor destruction, or its use in committing an offence,\nthe person may seize the thing and, if he or she does so, the thing\nis to be taken, for the purposes of this Act, to have been seized\npursuant to the warrant.\n(10) The head of the special ACC operation/investigation may retain a\nthing seized pursuant to a warrant issued under this section if, and\nfor so long as, is reasonably necessary for the purposes of the\nspecial ACC operation/investigation to which the thing is relevant.\n(11) Subject to subsection (12), if the retention of the thing by the head\nof the special ACC operation/investigation is not, or ceases to be,\nreasonably necessary for the purposes mentioned in\n\nPart 4 Search warrants\nAustralian Crime Commission (Northern Territory) Act 2005 27\nsubsection (10), a person participating in the special ACC\noperation/investigation must cause the thing to be delivered to:\n(a) if the thing may be used in evidence in proceedings of a kind\nreferred to in subsection (13) – the authority or person\nresponsible for taking the proceedings; or\n(b) if subparagraph (i) does not apply – the person who appears\nto the person participating in the special ACC\noperation/investigation to be entitled to the possession of the\nthing.\n(12) Subsection (11) does not apply if the CEO has given the thing to\nthe Attorney-General of the Commonwealth or of a State or\nTerritory, or to a law enforcement agency, or to another person or\nauthority, in accordance with section 34(1)(a), (b) or (c).\n(13) A person participating in the special ACC operation/investigation\nmay, instead of delivering a thing in accordance with\nsubsection (11)(b), deliver the thing to the Attorney-General of the\nCommonwealth or of a State or Territory, or to a law enforcement\nagency, for the purpose of assisting in the investigation of criminal\noffences, where the person participating in the special ACC\noperation/investigation is satisfied that the thing is likely to be useful\nfor that purpose.\n(14) This section does not affect a right of a person to apply for, or the\npower of a person to issue, a warrant, being a right or power\nexisting otherwise than by virtue of this section.\n(15) Without limiting the generality of subsection (1)(a), a reference in\nthis section to a thing connected with a special ACC\noperation/investigation, includes a reference to a thing that may be\nused in evidence in proceedings for the taking, by or on behalf of\nthe Crown in right of the Commonwealth or of a State or Territory,\nof civil remedies in respect of a matter connected with, or arising\nout of, an offence to which the special ACC operation/investigation\nrelates.\n(16) In this section:\nthing includes a document.\n30 Application by telephone for search warrants\n(1) If, because of circumstances of urgency, an eligible person\nconsiders it necessary to do so, the eligible person may make\napplication by telephone for a warrant under section 29.\n\nPart 4 Search warrants\nAustralian Crime Commission (Northern Territory) Act 2005 28\n(2) Before making the application, the eligible person must prepare an\naffidavit that sets out the grounds on which the issue of the warrant\nis being sought, but may, if it is necessary to do so, make the\napplication before the affidavit has been made on oath.\n(3) If an issuing officer issues a warrant under section 29 upon an\napplication made by telephone, the issuing officer must:\n(a) complete and sign the warrant; and\n(b) inform the eligible person who made the application of the\nterms of the warrant and the date on which and the time at\nwhich it was signed; and\n(c) record on the warrant the reasons for issuing the warrant; and\n(d) send a copy of the warrant to the CEO.\n(4) If a warrant is issued under section 29 on an application made by\ntelephone:\n(a) a member of the staff of the ACC or a member of the Police\nForce of the Territory may complete a form of warrant in the\nterms indicated by the issuing officer under subsection (3);\nand\n(b) where a form of warrant is so completed – the member must\nwrite on it the name of the issuing officer who issued the\nwarrant and the date on which and the time at which it was\nsigned.\n(5) Where a person completes a form of warrant under subsection (4),\nthe person must, not later than the day next following the date of\nexpiry of the warrant, send to the issuing officer who signed the\nwarrant the form of warrant completed by him or her and the\naffidavit duly made in connection with the warrant.\n(6) On receipt of the documents referred to in subsection (5), the\nissuing officer must attach them to the warrant signed by him or her\nand deal with the documents in the way in which the affidavit would\nhave been dealt with if the application for the warrant had been\nmade in accordance with section 29.\n(7) A form of warrant duly completed under subsection (4) is to be\ntaken to be a warrant issued under section 29.\n\nPart 5 Performance of functions and exercise of powers\nAustralian Crime Commission (Northern Territory) Act 2005 29\nPart 5 Performance of functions and exercise of\npowers\n31 Consent of Board may be needed before functions can be\nperformed\nThe conferral of a function on a Commonwealth body or person by\nthis Act is subject to any provision of the ACC Act that requires the\nconsent of the Board before the function can be performed.\n32 Functions not affected by Territory laws\nA Commonwealth body or person is not precluded by any law of the\nTerritory from performing a function conferred by this Act.\n33 Extent to which functions are conferred\n(1) This Act does not purport to confer a duty on a Commonwealth\nbody or person to perform a function if the imposition of the duty\nwould be beyond the legislative power of the Legislative Assembly.\n(2) This section does not limit the operation of section 35 of this Act or\nsection 59 of the Interpretation Act 1978.\n34 Performance of functions\n(1) If the ACC, in carrying out an ACC operation/investigation, obtains\nevidence of an offence against a law of the Commonwealth or of a\nState or Territory, being evidence that would be admissible in a\nprosecution for the offence, the CEO must assemble the evidence\nand give it to:\n(a) the Attorney-General of the Commonwealth or of the State or\nTerritory, as the case requires;\n(b) the relevant law enforcement agency; or\n(c) any person or authority (other than a law enforcement agency)\nwho is authorised by or under a law of the Commonwealth or\nof the State or Territory to prosecute the offence.\n(2) Where the ACC, in carrying out an ACC operation/investigation,\nobtains evidence that would be admissible in confiscation\nproceedings, the CEO may assemble the evidence and give it to:\n(a) the Attorney-General of the Commonwealth or of the State or\nTerritory, as the case requires;\n(b) a relevant law enforcement agency; or\n\nPart 5 Performance of functions and exercise of powers\nAustralian Crime Commission (Northern Territory) Act 2005 30\n(c) any person or authority (other than a law enforcement\nauthority) who is authorised to commence the confiscation\nproceedings.\n(3) If, as a result of the performance of any of the ACC's functions, the\nBoard considers that one of the following recommendations should\nbe made to the Commonwealth Minister or to the appropriate\nMinister of a participating State, the Board may make the\nrecommendation to the Commonwealth Minister or appropriate\nMinister:\n(a) for reform of the law relating to relevant offences, including:\n(i) evidence and procedure applicable to the trials of\nrelevant offences;\n(ii) relevant offences in relation to, or involving,\ncorporations;\n(iii) taxation, banking and financial frauds;\n(iv) reception by Australian courts of evidence obtained in\nforeign countries as to relevant offences; and\n(v) maintenance and preservation of taxation, banking and\nfinancial records;\n(b) for reform of administrative practices;\n(c) for reform of administration of the courts in relation to trials of\nrelevant offences.\n(4) If the ACC has obtained particular information or intelligence in the\ncourse of performing one or more of its functions, nothing in this Act\nis to be taken to prevent the ACC from making use of the\ninformation or intelligence in the performance of any of its other\nfunctions.\n35 Functions of federal judicial officers\n(1) A function conferred on a federal judicial officer by this Act is\nconferred on the federal judicial officer in a personal capacity and\nnot as a court or a member of a court.\n(2) The federal judicial officer need not accept the function conferred.\n(3) Anything done or made by a federal judicial officer under this Act\nhas effect only by virtue of this Act and is not to be taken by\nimplication to be done or made by a court.\n\nPart 5 Performance of functions and exercise of powers\nAustralian Crime Commission (Northern Territory) Act 2005 31\n(4) A federal judicial officer performing a function under this Act has the\nsame protection and immunity as if he or she were performing that\nfunction as, or as a member of, a court (being the court of which the\nfederal judicial officer is a member).\n(5) In this section:\nfederal judicial officer means a Judge of the Federal Court or\nFederal Circuit Court.\n36 Limitation on challenge to Board determination\nIf:\n(a) an ACC Territory intelligence operation is determined by the\nBoard to be a special operation; or\n(b) an ACC Territory investigation is determined by the Board to\nbe a special investigation,\nthen, except in a proceeding instituted by the Attorney-General of\nthe Commonwealth or of a State or Territory, any act or thing done\nby the ACC because of that determination must not be challenged,\nreviewed, quashed or called in question in any court of the Territory\non the ground that the determination was not lawfully made.\n37 Cooperation with law enforcement agencies and coordination\nwith overseas authorities\n(1) In performing its functions under this Act, the ACC must, so far as is\npracticable, work in cooperation with law enforcement agencies.\n(2) In performing its functions under this Act, the ACC may coordinate\nits activities with the activities of authorities and persons in other\ncountries performing functions similar to functions of the ACC.\n38 Incidental powers of ACC\nThe ACC has power to do all things necessary to be done for or in\nconnection with, or reasonably incidental to, the performance of its\nfunctions under this Act, and any specific powers conferred on the\nACC by this Act are not to be taken to limit by implication the\ngenerality of this section.\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 32\nPart 6 General\n39 Double jeopardy\nA person is not liable to be punished for an act or omission that is\nan offence under this Act if:\n(a) the act or omission is also an offence under the ACC Act; and\n(b) the person has been punished for the offence under the ACC\nAct.\n40 Arrangements for Board to obtain information or intelligence\nThe Territory Minister may make an arrangement with the\nCommonwealth Minister for the Board to be given by the Territory,\nor an authority of the Territory, information or intelligence relating to\nrelevant criminal activities.\n41 Administrative arrangements with Commonwealth\nThe Territory Minister may make an arrangement with the\nCommonwealth Minister under which the Territory will, from time to\ntime as agreed upon under the arrangement, make available a\nperson who is an officer or employee of the Territory or of an\nauthority of the Territory or a member of the Police Force of the\nTerritory, or persons who are such officers, employees or members,\nto perform services for the ACC.\n42 Judges to perform functions under ACC Act\nA Judge of the Supreme Court may perform functions conferred on\nthe Judge by section 22, 23 or 31 of the ACC Act.\n43 Providing reports and information\n(1) The Chair of the Board must keep the Commonwealth Minister\ninformed of the general conduct of the ACC in the performance of\nthe ACC's functions under this Act.\n(2) If the Commonwealth Minister requests the Chair of the Board to\nprovide to him or her information concerning a specific matter\nrelating to the ACC's conduct in the performance of its functions\nunder this Act, the Chair must comply with the request.\n(3) Subject to subsection (4), if the Territory Minister who is a member\nof the Inter-Governmental Committee requests the Chair of the\nBoard to provide to him or her information concerning a specific\nmatter relating to the ACC's conduct in the performance of its\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 33\nfunctions under this Act, the Chair must comply with the request.\n(4) If the Chair of the Board considers that disclosure of information to\nthe public could prejudice the safety or reputation of persons or the\noperations of law enforcement agencies, the Chair must not provide\nthe information under subsection (3).\n(5) Subject to subsection (7), the Chair of the Board:\n(a) must, when requested by the Inter-Governmental Committee\nto give information to the Committee concerning a specific\nmatter relating to an ACC operation/investigation that the ACC\nhas conducted or is conducting, comply with the request; and\n(b) must, when requested by the Inter-Governmental Committee\nto do so, and may at such other times as the Chair of the\nBoard thinks appropriate, inform the Committee concerning\nthe general conduct of the ACC in the performance of the\nACC's functions under this Act.\n(6) Subject to subsection (7), the Chair of the Board must give to the\nInter-Governmental Committee, for transmission to the\nGovernments represented on the Committee, a report of the\nfindings of any special ACC operation/investigation conducted by\nthe ACC.\n(7) The Chair of the Board must not give to the Inter-Governmental\nCommittee any matter the disclosure of which to members of the\npublic could prejudice the safety or reputation of persons or the\noperations of law enforcement agencies.\n(8) If the findings of the ACC in an investigation include any matter of\nthe nature described in subsection (7), the Chair of the Board must\nprepare a separate report in relation to the matter and give that\nreport to the Territory Minister.\n(9) The Chair of the Board may include in a report given under\nsubsection (6) a recommendation that the report be laid before the\nLegislative Assembly.\n(10) The CEO may give to a relevant authority any information that has\ncome into the ACC's possession under this Act and that is relevant\nto the activities of that authority if:\n(a) it appears to the CEO to be appropriate to do so; and\n(b) to do so would not be contrary to a law of the Commonwealth\nor of a State or Territory that would otherwise apply.\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 34\n(11) The CEO may, whenever it appears to the CEO to be appropriate\nto do so, give to authorities and persons responsible for taking civil\nremedies by or on behalf of the Crown in right of the\nCommonwealth or of a State or Territory any information that has\ncome into the ACC's possession under this Act and that may be\nrelevant for the purposes of so taking such remedies in respect of\nmatters connected with, or arising out of, offences against the laws\nof the Commonwealth or of a State or Territory, as the case may\nbe.\n(12) Where any information relating to the performance of the functions\nof an authority of the Commonwealth or of a State or Territory or\nthe Administration of an external Territory comes into the ACC's\npossession under this Act, the CEO may, if he or she considers it\ndesirable to do so:\n(a) give that information to the authority or Administration; and\n(b) make any recommendations to the authority or Administration\nas to the performance of its functions that the CEO considers\nappropriate.\n(13) A report under this Act that sets out any finding that an offence has\nbeen committed, or makes any recommendation for the institution\nof a prosecution in respect of an offence, must not be made\navailable to the public unless the finding or recommendation is\nexpressed to be based on evidence that would be admissible in the\nprosecution of a person for that offence.\n(14) The CEO may, whenever it appears to the CEO to be appropriate\nto do so, give to the Australian Security Intelligence Organisation\nany information that has come into the ACC's possession under this\nAct and that is relevant to security as defined in section 4 of the\nAustralian Security Intelligence Organisation Act 1979 of the\nCommonwealth.\n(15) In this section:\nrelevant authority means:\n(a) a law enforcement agency;\n(b) a foreign law enforcement agency; or\n(c) an authority of the Commonwealth, or of a State or Territory,\nprescribed under a regulation.\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 35\n44 Secrecy\n(1) This section applies to:\n(a) the CEO;\n(b) a member of the Board;\n(c) a member of the staff of the ACC; and\n(d) an examiner.\n(2) A person to whom this section applies must not, either directly or\nindirectly, except for the purposes of a relevant Act or otherwise in\nconnection with the performance of his or her functions under a\nrelevant Act, and either while he or she is or after he or she ceases\nto be a person to whom this section applies:\n(a) make a record of any relevant information; or\n(b) divulge or communicate to any person any relevant\ninformation.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(3) A person to whom this section applies cannot be required to\nproduce in any court a relevant document, or to divulge or\ncommunicate to a court a relevant matter or thing, except where the\nACC, or the CEO, the acting CEO, a member of the Board or an\nexaminer in his or her official capacity, is a party to the relevant\nproceeding or it is necessary to do so:\n(a) for the purpose of carrying into effect the provisions of a\nrelevant Act; or\n(b) for the purposes of a prosecution instituted as a result of an\noperation or investigation carried out by the ACC in the\nperformance of its functions.\n(4) In this section:\ncourt includes any tribunal, authority or person having power to\nrequire the production of documents or the answering of questions.\nmember of the staff of the ACC means:\n(a) a person referred to in the definition of member of the staff of\nthe ACC in section 4(1) of the ACC Act; or\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 36\n(b) a person who assists, or performs services for or on behalf of,\na legal practitioner appointed under section 7 in the\nperformance of the legal practitioner's functions as counsel to\nthe ACC.\nproduce includes permit access to, and production has a\ncorresponding meaning.\nrelevant Act means the ACC Act, this Act or any corresponding Act\nof a State or Territory.\nrelevant document means a document that has come into a\nperson's custody or control in the course of, or because of, the\nperformance of the person's functions under this Act.\nrelevant information means information acquired by a person\nbecause of, or in the course of, the performance of the person's\nfunctions under this Act.\nrelevant matter or thing means a matter or thing that has come to\na person's notice in the performance of the person's functions\nunder this Act.\n45 Delegation\nThe CEO may, by writing, delegate to a member of the staff of the\nACC who is an SES employee, or an acting SES employee, all or\nany of the CEO's functions under this Act.\n46 Liability for damages\nA member of the Board is not liable to an action or other proceeding\nfor damages for, or in relation to, an act done or omitted in good\nfaith in performance or purported performance of any function\nconferred or expressed to be conferred by or under this Act.\n47 Obstructing, hindering or disrupting ACC or examiner\nA 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\nas an examiner; or\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 37\n(b) disrupt an examination before an examiner.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n48 Public meetings and bulletins\n(1) The Board may hold meetings in public to inform the public about,\nor receive submissions in relation to, the performance of the ACC's\nfunctions, including its functions under this Act.\n(2) The Board may publish bulletins to inform the public about the\nperformance of the ACC's functions, including its functions under\nthis Act.\n(3) The Board must not:\n(a) divulge in the course of a meeting held under subsection (1);\nor\n(b) include in a bulletin published under subsection (2),\nany matter the disclosure of which to members of the public could\nprejudice the safety or reputation of a person or prejudice the fair\ntrial of a person who has been or may be charged with an offence.\n49 Annual report\n(1) An annual report in relation to a year must include the following:\n(a) a description of any ACC Territory investigation that the ACC\nconducted during the year and that the Board determined to\nbe a special investigation;\n(b) a description, which may include statistics, of any patterns or\ntrends, and the nature and scope, of any criminal activity that\nhave come to the attention of the ACC during that year in the\nperformance of its functions under this Act;\n(c) any recommendations for changes in the laws of the\nCommonwealth or of a participating State, or for administrative\naction, that, as a result of the performance of the ACC's\nfunctions under this Act, the Board considers should be made;\n(d) the general nature and the extent of any information given by\nthe CEO during that year under this Act to a law enforcement\nagency;\n(e) the extent to which ACC Territory investigations have resulted\nin the prosecution in that year of persons for offences;\n\nPart 6 General\nAustralian Crime Commission (Northern Territory) Act 2005 38\n(f) the extent to which ACC Territory investigations have resulted\nin confiscation proceedings;\n(g) particulars of the number and results of court proceedings\ninvolving the ACC in relation to its functions under this Act\nbeing proceedings that were determined, or otherwise\ndisposed of, during that year.\n(2) An annual report must not:\n(a) identify persons as being suspected of having committed\noffences; or\n(b) identify persons as having committed offences unless those\npersons have been convicted of those offences.\n(3) In any annual report, the Chair of the Board must take reasonable\ncare to ensure that the identity of a person is not revealed if to\nreveal his or her identity might, having regard to any material\nappearing in the report, prejudice the safety or reputation of a\nperson or prejudice the fair trial of a person who has been or may\nbe charged with an offence.\n(4) The Territory Minister is to cause a copy of each annual report that\nhe or she receives and any accompanying comments made on the\nreport by the Inter-Governmental Committee to be laid before the\nLegislative Assembly within 15 sitting days after he or she receives\nthe report.\n(5) In this section:\nannual report means a report by the Chair of the Board under\nsection 61 of the ACC Act.\n50 Things done for multiple purposes\nThe validity of anything done for the purposes of this Act is not\naffected only because it was done also for the purposes of the ACC\nAct.\n51 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nPart 7 Repeals and transitional matters for Australian Crime Commission (Northern\nTerritory) Act 2005\nAustralian Crime Commission (Northern Territory) Act 2005 39\nPart 7 Repeals and transitional matters for Australian\nCrime Commission (Northern Territory)\nAct 2005\n52 Repeal\nThe Acts specified in the Schedule are repealed.\n53 Terms used in this Part\nIn this Part:\nNCA investigation means an investigation under section 5(4) of\nthe NCA (Territory Provisions) Act.\nNCA (Territory Provisions) Act means the National Crime\nAuthority (Territory Provisions) Act 1985.\n54 Certain investigations taken to be special investigations\nIf an ACC Territory investigation relates to a matter into which an\nNCA investigation had been commenced but not completed before\n1 January 2003, the Board of the ACC is taken to have determined,\nin writing, that the ACC Territory investigation is a special\ninvestigation.\n55 Assembling and giving evidence obtained by NCA\nIf:\n(a) before 1 January 2003, the National Crime Authority obtained\nevidence of a kind referred to in section 6(1) of the NCA\n(Territory Provisions) Act ; but\n(b) the National Crime Authority had not assembled and given the\nevidence as mentioned in that subsection before\n1 January 2003,\nsection 34(1) applies as if that evidence had been obtained by the\nACC in carrying out an ACC operation/investigation.\n56 Limitation on challenges to validity of references\nSection 8 of the NCA (Territory Provisions) Act continues to apply in\nrelation to a reference made under that Act as if that section had\nnot been repealed by this Act.\n\nPart 7 Repeals and transitional matters for Australian Crime Commission (Northern\nTerritory) Act 2005\nAustralian Crime Commission (Northern Territory) Act 2005 40\n57 Arrangements to obtain information or intelligence\nAn arrangement that was in force under section 11 of the NCA\n(Territory Provisions) Act immediately before 1 January 2003 has\neffect as if it had been made under section 40.\n58 Things seized under search warrants\nIf a thing seized pursuant to a warrant under section 12 of the NCA\n(Territory Provisions) Act is in the ACC's possession, section 29(10)\nto (13) (inclusive) applies to that thing as if it had been seized\npursuant to a warrant under section 29.\n59 Directions as to publication\n(1) If a direction was in force under section 16(9) of the NCA (Territory\nProvisions) Act immediately before 1 January 2003:\n(a) the direction has effect; and\n(b) section 18(11), (12) and (16) applies to the direction as if it\nwere a direction under section 18(9).\n(2) Section 18(13) to (15) (inclusive), so far as those subsections relate\nto the CEO, applies to evidence in relation to which a direction was\ngiven under section 16(9) of the NCA (Territory Provisions) Act as if\nit were evidence given before an examiner in relation to which the\nexaminer has given a direction under section 18(9).\n60 Disclosure of summons or notice\nIf a notation made in connection with an NCA investigation was in\nforce under section 18A of the NCA (Territory Provisions) Act\nimmediately before 1 January 2003:\n(a) the notation has effect;\n(b) section 22 applies to the summons or notice containing the\nnotation; and\n(c) if there is an ACC operation/investigation relating to the matter\nto which the NCA investigation related – section 21(4) and (5)\napplies as if the notation had been made in connection with\nthe ACC operation/investigation.\n61 Witness protection\nArrangements that were in effect under section 24 of the NCA\n(Territory Provisions) Act immediately before 1 January 2003 have\neffect as if they had been made under section 26.\n\nPart 7 Repeals and transitional matters for Australian Crime Commission (Northern\nTerritory) Act 2005\nAustralian Crime Commission (Northern Territory) Act 2005 41\n62 Administrative arrangements in relation to NCA\nAn arrangement that was in force under section 28(b) of the NCA\n(Territory Provisions) Act immediately before 1 January 2003 has\neffect as if it had been made under section 41.\n63 Secrecy obligations\n(1) Section 44(2) and (3) extend to a former official (whether or not he\nor she is or has been a person to whom section 44 applies) as if:\n(a) references in section 44 to this Act or to a corresponding Act\nof another State or Territory included references to the NCA\n(Territory Provisions) Act or to a corresponding Act of a State\nor Territory; and\n(b) the reference in section 44(3)(b) to an investigation carried out\nby the ACC included a reference to an investigation carried\nout by the National Crime Authority before 1 January 2003.\n(2) In this section:\nformer official means a person who was, at any time, a person to\nwhom section 31 of the NCA (Territory Provisions) Act applied.\n64 Transitional regulations\n(1) If there is no sufficient provision in this Part for dealing with a\ntransitional matter, regulations may prescribe all matters that are\nrequired, necessary or convenient to be prescribed in relation to\nthat matter.\n(2) If regulations made under subsection (1) provide that a state of\naffairs specified or described in the Regulations is to be taken to\nhave existed, or not to have existed, at and from a day that is\nearlier than the day on which the Regulations are published in the\nGazette but not earlier than the commencement of this Act, the\nRegulations have effect according to their terms.\n(3) Regulations that contain a provision referred to in subsection (2)\ncannot be made more than 12 months after the day on which\nsection 52 comes into operation.\n\nPart 7 Repeals and transitional matters for Australian Crime Commission (Northern\nTerritory) Act 2005\nAustralian Crime Commission (Northern Territory) Act 2005 42\n(4) If regulations contain a provision referred to in subsection (3), the\nprovision does not operate so as to:\n(a) affect in a manner prejudicial to any person (other than the\nTerritory or an authority of the Territory), the rights of that\nperson existing before the day of publication of those\nregulations; or\n(b) impose liabilities on any person (other than the Territory or an\nauthority of the Territory) in respect of anything done or\nomitted to be done before the day of publication of those\nregulations.\n(5) In subsection (1):\ntransitional matter includes a savings or application matter.\n\nSchedule Repealed Acts\nAustralian Crime Commission (Northern Territory) Act 2005 43\nSchedule Repealed Acts\nsection 52\nNational Crime Authority (Territory Provisions)\nAct 1985\nAct No. 20 of 1985\nNational Crime Authority (Territory Provisions)\nAmendment Act 1989\nAct No. 22 of 1989\nNational Crime Authority (Territory Provisions)\nAmendment Act 1994\nAct No. 17 of 1996\n\nENDNOTES\nAustralian Crime Commission (Northern Territory) Act 2005 44\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAustralian Crime Commission (Northern Territory) Act 2005 (Act No. 6, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (Gaz G20, 18 May 2005, p 2)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nENDNOTES\nAustralian Crime Commission (Northern Territory) Act 2005 45\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 33 and 53.\n4 LIST OF AMENDMENTS\ns 3 amd No. 8, 2016, s 45; No. 9, 2017, s 3\ns 5 amd No. 9, 2017, s 4\ns 11 amd No. 9, 2017, s 5\ns 18 amd No. 12, 2010, s 3\ns 19 amd No. 40, 2010, s 118\ns 20 amd No. 12, 2010, s 3; No. 8, 2016, s 45\ns 22 amd No. 12, 2010, s 3\ns 23 amd No. 12, 2010, s 3; No. 40, 2010, s 118; No. 23, 2012, s 32; No. 8, 2016,\ns 45\ns 25 amd No. 12, 2010, s 3; No. 8, 2016, s 45\ns 27 amd No. 7, 2007, s 16\ns 30 amd No. 40, 2010, s 118\ns 35 amd No. 9, 2017, s 6\ns 44 amd No. 12, 2010, s 3\ns 47 amd No. 12, 2010, s 3; No. 8, 2016, s 45","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as enacted in 2005. It was always intended as a 'mirror' or 'application' Act to extend Commonwealth ACC powers into the Northern Territory, replacing the previous National Crime Authority (Territory Provisions) Act 1985. The amendments listed in the endnotes are minor and technical (updating court names, penalty units, and procedural references) rather than substantive expansions of scope. The Act has not grown beyond its original purpose of providing a statutory framework for ACC operations in the Territory."},"complexity_factors":["Heavy cross-referencing with the Commonwealth Australian Crime Commission Act 2002 — many terms and functions are imported by reference rather than defined locally","47 defined terms in the interpretation section (s 3), including complex nested definitions like 'serious and organised crime' which contains 20 specific offence categories plus exceptions","Multiple conditional triggers for powers — 'special ACC operations/investigations' require Board determinations with specific voting thresholds (9 members including 2 Commonwealth members)","Nested exceptions throughout Part 3: self-incrimination protections (s 23) have exceptions for confiscation proceedings and falsity; secrecy offences (s 22) have cascading permitted disclosure pathways","Dual-layer governance structure requiring coordination between Territory Minister, Commonwealth Minister, ACC Board, and Inter-Governmental Committee with different information-sharing protocols","Transitional provisions (Part 7) that preserve and convert old National Crime Authority powers, creating parallel historical application rules","Telephone warrant procedures (s 30) with specific documentary and timing requirements that differ from standard warrant applications","Multiple secrecy regimes operating simultaneously: examination directions (s 18), summons notations (s 21), general secrecy (s 44), and annual report restrictions (s 49)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows the **Australian Crime Commission (ACC)** — a national body that fights serious and organised crime — to operate in the **Northern Territory**. It essentially \"plugs in\" the Commonwealth's ACC powers to work on Territory crimes, giving the ACC special investigative tools that ordinary police don't have.\n\n**Who it affects:**\n\n- **Criminals and suspects** — people involved in serious and organised crime (drug trafficking, money laundering, cybercrime, corruption, etc.) can be summoned to secret hearings, forced to hand over documents, and have their homes or businesses searched.\n- **Witnesses** — anyone who might have information about serious crime can be legally compelled to attend private examinations and answer questions under oath.\n- **Legal practitioners** — lawyers can be appointed to assist the ACC or represent witnesses at these examinations.\n- **Territory and Commonwealth agencies** — police, prosecutors, and government bodies must cooperate and share information with the ACC.\n\n**Key powers the ACC gets under this Act:**\n\n- **Special examinations** (Part 3): Private hearings where examiners can force people to answer questions and produce documents. These are not public court trials — they're intelligence-gathering tools. Witnesses can claim protection against self-incrimination in limited circumstances.\n- **Search warrants** (Part 4): Judges can issue warrants to enter premises and seize evidence connected to ACC investigations.\n- **Passport seizure** (s 28): Courts can order suspects to surrender passports to stop them fleeing overseas.\n- **Arrest warrants** (s 24): If someone tries to avoid giving evidence, a judge can issue a warrant for their arrest.\n- **Secrecy rules** (ss 21-22, 44): Strict laws prevent people from telling anyone they've been summoned or that an investigation exists — with penalties up to 12 months imprisonment for breaches.\n\n**Why it matters:**\n\nThis law gives the ACC extraordinary coercive powers (powers that compel people to cooperate) that override normal Territory laws. It's designed to tackle sophisticated criminal networks that operate across state and territory borders. However, it also creates significant restrictions on civil liberties — people can be forced to testify against themselves in secret, with limited right to silence, and can be jailed for revealing they were even questioned.\n\nThe Act also includes transitional arrangements (Part 7) to smoothly transfer old National Crime Authority investigations to the new ACC system when the law took effect in 2003."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act maintains the original, instrumental purpose of enabling the ACC to operate in the Northern Territory and to use specified coercive and intelligence‑gathering powers in relation to serious and organised crime. Later amendments recorded in the endnotes are largely procedural, updating cross‑references, penalties, evidentiary and administrative details, and aligning processes with national evidence and court reforms. They do not fundamentally expand the Act beyond its initial scope of authorising ACC Territory operations, special determinations, coercive investigative tools, and transitional treatment of earlier National Crime Authority arrangements (see sections 5, Part 7). Therefore the core scope has not grown significantly beyond the original intent."},"complexity_factors":["Lengthy interpretation section with ~18 defined terms and multi‑part definitions (section 3) including a long, detailed definition of \"serious and organised crime\"","Frequent cross‑references to Commonwealth legislation (ACC Act) and to repealed NCA instruments (multiple provisions and Part 7 transitional rules)","High number of conditional gateways and nested thresholds (e.g. Board must decide an operation is \"special\" before coercive powers apply; Inter‑Governmental Committee can request or revoke within 30 days)","Detailed Board governance rules with non‑standard quorum and voting thresholds (quorum 9; special determination requires ≥9 votes including ≥2 eligible Commonwealth members) (sections 11–12)","Multiple parallel coercive mechanisms (examinations, notices to produce, search warrants, passport orders, arrest warrants) each with distinct procedural prerequisites and penalties (sections 19–30)","Complex secrecy/publication rules with multiple exceptions, cancellation triggers and interactions between examiner, CEO, Chair and courts (sections 18, 21–22, 44)","Varied criminal sanctions and civil immunities across provisions (penalty units and imprisonment up to 5 years in some offences; immunity for Board members acting in good faith) (sections 20, 23, 47, 46)","Nested procedural safeguards involving courts (issuing officers), administrative actors (CEO, Chair), and intergovernmental actors (Inter‑Governmental Committee) — multiple decision nodes increase interpretive complexity","Transitional provisions that import and preserve prior NCA arrangements and require administrative coordination (Part 7), increasing cross‑temporal legal complexity"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes how the Australian Crime Commission (ACC) can operate in the Northern Territory (the Territory). It brings ACC powers and procedures into Territory law so ACC intelligence operations and investigations that concern Territory offences can be conducted and evidence handled under Territory law (see sections 3, 5, 34).\n\n- Defines key actors and roles: the ACC, the ACC Board and its Chair, the Chief Executive Officer (CEO), examiners (who conduct closed hearings), members of ACC staff, and authorised issuing officers (judges) (see section 3). The CEO runs ACC operations/investigations in the Territory and must appoint the head of each operation/investigation (section 6).\n\n- Gives the ACC the power to run intelligence operations and investigations into serious and organised crime that involve Territory offences, and to report the results to the Board (section 5).\n\n- Sets out how the ACC Board makes decisions, including how it designates an operation or investigation as a “special” operation or investigation (which unlocks coercive powers). A special determination must be written, describe the general circumstances, and set out the purpose; it takes effect immediately and must be notified to the Inter‑Governmental Committee within 3 days (section 8).\n\n- Establishes rules for Board meetings: who presides, the quorum (9 members), voting rules, the CEO does not vote, and special thresholds for designating special operations/investigations (at least 9 votes including at least 2 eligible Commonwealth members) (sections 9–14).\n\n- Creates an Inter‑Governmental Committee (representatives of participating governments) that can request further information about special determinations and can, within 30 days, revoke a special determination under specified voting requirements; the Chair must provide information unless disclosure would prejudice safety, reputation or law enforcement operations (section 16).\n\n- Authorises closed examinations before an examiner for special operations/investigations, including summons powers, notice-to-produce documents, oaths, and limited legal representation. Examinations are generally private; the examiner may restrict publication and attendance, and can direct that evidence not be published where safety, reputation or fair trial concerns arise (sections 17–18, 19–21).\n\n- Gives examiners coercive powers: summons witnesses, require production of documents (section 19–20). Notices to produce carry criminal penalties for non‑compliance (up to 500 penalty units or 5 years imprisonment) (section 20).\n\n- Permits notations on summons/notice to prohibit disclosure of their existence or related official matters; those prohibitions carry criminal penalties and last until cancelled or for 5 years (sections 21–22).\n\n- Provides that witnesses must attend and answer questions subject to narrow protections (e.g. legal practitioner privilege, and limited protection against use of compelled answers in later criminal proceedings) (section 23).\n\n- Enables courts to issue arrest warrants where witnesses are likely to abscond or evade summons/service, and to order passports be delivered to examiners for safe‑keeping in limited circumstances (sections 24, 28).\n\n- Authorises ACC search warrants tied to special operations/investigations, with ordinary judicial safeguards: affidavit, issuing officer satisfaction of reasonable grounds, scope and time limits, and rules for seizure and retention or delivery of seized things (sections 29–30).\n\n- Sets out how evidence gathered by the ACC must be assembled and given to prosecuting authorities (Attorney‑General or relevant law enforcement agency) if it would be admissible in prosecution (section 34).\n\n- Contains secrecy and disclosure rules that bind the CEO, Board members, examiners and ACC staff; disclosure outside defined channels is an offence (section 44). It also recognises immunity and protections for examiners and legal practitioners acting in that role (section 27).\n\n- Provides administrative arrangements for cooperation with Territory authorities, transitional provisions carrying over National Crime Authority matters, and repeals the older NCA (Territory Provisions) Acts (Part 7).\n\n**Who is affected**\n\n- Individuals summoned to ACC examinations or served notices for document production; they can face criminal penalties for non‑compliance (sections 19–23).\n- Persons whose property or premises are searched under ACC search warrants (sections 29–30).\n- Territory government agencies and police, which may be asked to cooperate with ACC operations and may receive information or personnel under arrangements (sections 40–41, 37, 43).\n- The ACC Board, CEO and ACC staff, who receive clear roles, decision‑making thresholds and secrecy obligations (sections 5–8, 6, 44).\n- Courts and judges who are designated issuing officers or may be asked to consider warrants, passport orders and bail/detention decisions (sections 24, 28, 29).\n\n**Why it matters (official purpose and practical effects)**\n\n- Official purpose: to enable the ACC to investigate and collect intelligence on serious and organised crime in the Territory, to assemble evidence for prosecution or confiscation, and to coordinate with Territory and Commonwealth agencies (sections 5, 34, 37).\n\n- Practical effects and mechanisms to watch:\n  - The Act creates coercive investigative tools (compulsory examinations, notices to produce, search warrants) that apply only after a written Board determination that an investigation or intelligence operation is “special” (sections 8, 19–20, 29). That determination is the gateway to more intrusive powers.\n  - The Board’s internal voting and quorum requirements (9 members, CEO excluded from voting) and the requirement that at least 2 eligible Commonwealth Board members be among the 9 votes for a special determination concentrate decision authority in a relatively large Board majority (sections 11–12, 14).\n  - Secrecy rules and publication bans are broad but contain specified exceptions (court certificates, CEO/Board directions, cancellation triggers) (sections 18(9)–(16), 21–22, 44). Those rules protect operational integrity but also limit public transparency about the ACC’s activities.\n  - Criminal sanctions (ranging from 100 to 500 penalty units or terms of imprisonment up to 5 years) create significant legal risk for non‑compliance with summonses, notices and publication prohibitions (sections 18(16), 20(4), 23(9), 22(1)).\n\n**Costs, incentives, trade‑offs and implementation risks (mechanical, not judgmental)**\n\n- Who pays and who decides:\n  - The ACC (a Commonwealth body) runs operations and bears operational costs; the Territory may supply staff or information under arrangement and bears administrative coordination costs where it agrees to do so (sections 41, 40).\n  - Decision authority to trigger coercive powers rests with the ACC Board (and in practice with the votes and Chair who circulate determinations to the Inter‑Governmental Committee) and with issuing officers (judges) for warrants (sections 8, 16, 29).\n\n- Compliance burden and private costs:\n  - Individuals and corporations can be compelled to attend, answer and produce documents; businesses may need to provide internal documents and risk criminal penalties for non‑compliance (sections 19–23). This imposes direct compliance and legal costs.\n\n- Bureaucratic discretion and concentrated benefits:\n  - The Act permits the ACC substantial discretion in classifying operations/investigations as special (Board determination) and in limiting disclosure. That discretion concentrates operational control in the ACC and Board rather than in courts or public oversight mechanisms (sections 8, 18(9)–(12), 21–22).\n\n- Trade‑offs:\n  - The law trades increased investigatory reach (coercive powers, secrecy) for limits on public transparency and stronger obligations on individuals. It also centralises decision‑making in a multi‑member Board with specific voting thresholds (sections 8, 11–12, 22, 29).\n\n- Opportunity costs and substitution effects:\n  - The Act contemplates coordination with Territory police and may substitute ACC investigatory activity for ordinary police methods in complex matters; this could shift investigative resources away from other uses (sections 5, 37).\n\n- Legal and implementation risk:\n  - Multiple cross‑references to Commonwealth ACC law and to judicial processes mean effective operation depends on intergovernmental arrangements and concurrence with Commonwealth procedures; transitional provisions preserve prior NCA arrangements where necessary (sections 2–3, Part 7).\n\n**Key legal safeguards and limits**\n\n- Board determinations required in writing and a window for the Inter‑Governmental Committee to seek information or revoke determinations (section 8, 16).\n- Judicial authorisation required for search warrants and passport orders, and judges exercise bail/detention functions where witnesses are apprehended (sections 29, 28, 24).\n- Limits on admissibility of compelled testimony in criminal proceedings (narrow exceptions), and protections for legal practitioner–client privilege (section 23).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-northern-territory-act-2005","history":"/api/acts/australian-crime-commission-northern-territory-act-2005/history","analysis":"/api/acts/australian-crime-commission-northern-territory-act-2005/analysis","conflicts":"/api/acts/australian-crime-commission-northern-territory-act-2005/conflicts","importantCases":"/api/acts/australian-crime-commission-northern-territory-act-2005/important-cases","documents":"/api/acts/australian-crime-commission-northern-territory-act-2005/documents"}}