{"id":"australian-crime-commission-south-australia-act-2004","name":"Australian Crime Commission (South Australia) Act 2004","slug":"australian-crime-commission-south-australia-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31591,"registerId":"sa-australian-crime-commission-south-australia-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Crime Commission (South Australia) Act 2004","content":"South Australia\nAustralian Crime Commission (South Australia) Act 2004\nAn Act to make provision for the operation of the Australian Crime Commission in South Australia; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tAct to bind Crown\nPart 2—The Australian Crime Commission, the Board and the Inter-Governmental Committee\nDivision 1—The Australian Crime Commission\n5\tFunctions of ACC\n6\tCEO to manage ACC operations/investigations\n7\tCounsel assisting ACC\nDivision 2—The Board of the ACC\n8\tFunctions of Board\n9\tBoard meetings\n10\tPresiding at Board meetings\n11\tQuorum at Board meetings\n12\tVoting at Board meetings\n13\tConduct of Board meetings\n14\tResolutions outside of Board meetings\n15\tBoard committees\nDivision 3—The Inter-Governmental Committee\n16\tFunctions of Committee\nPart 3—Examinations\n17\tExaminations\n18\tConduct of examination\n19\tPower to summon witnesses and take evidence\n20\tPower to obtain documents\n21\tDisclosure of summons or notice may be prohibited\n22\tOffences of disclosure\n23\tFailure of witnesses to attend and answer questions\n24\tWarrant for arrest of witness\n25\tFalse or misleading evidence\n26\tProtection of witnesses from harm or intimidation\n26A\tContempt of the ACC\n26B\tSupreme Court to deal with contempt\n26C\tConduct of contempt proceedings\n26D\tPerson in contempt may be detained\n26E\tExaminer may withdraw contempt application\n26F\tRelationship with section 34\n27\tLegal protection of examiners, counsel and witnesses\n28\tOrder for delivery to examiner of passport of witness\nPart 4—Search warrants\n29\tSearch warrants\n30\tApplication by telephone for search warrants\nPart 5—Performance of functions and exercise of powers\n31\tConsent of Board may be needed before functions can be performed\n32\tFunctions not affected by State laws\n33\tExtent to which functions are conferred\n34\tPerformance of functions\n35\tFunctions of federal judicial officers\n36\tLimitation on challenge to Board determination\n37\tCooperation with law enforcement agencies and coordination with overseas authorities\n38\tIncidental powers of ACC\nPart 6—General\n39\tDouble jeopardy\n40\tArrangements for Board to obtain information or intelligence\n41\tAdministrative arrangements with the Commonwealth\n42\tJudges to perform functions under the ACC Act\n43\tFurnishing of reports and information\n44\tSecrecy\n45\tDelegation\n46\tLiability for damages\n47\tObstructing, hindering or disrupting the ACC or an examiner\n48\tPublic meetings and bulletins\n49\tAnnual report\n50\tThings done for multiple purposes\n51\tRegulations\nSchedule 1—Transitional provision\nPart 7—Transitional provisions\n13\tTerms used in this Part\n14\tCertain investigations taken to be special investigations\n15\tAssembling and giving evidence obtained by the NCA\n16\tLimitation on challenges to validity of references\n17\tArrangements to obtain information or intelligence\n18\tThings seized under search warrants\n19\tDirections as to publication\n20\tDisclosure of summons or notice\n21\tWitness protection\n22\tAdministrative arrangements in relation to the NCA\n23\tSecrecy obligations\n24\tValidation of administrative actions\n25\tTransitional regulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Australian Crime Commission (South Australia) Act 2004.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nACC Act means the Australian Crime Commission Act 2002 of the Commonwealth;\nNote—\nThat Act was originally known as the National Crime Authority Act 1984.\nACC operation/investigation means—\n\t(a)\tan ACC State intelligence operation; or\n\t(b)\tan ACC State investigation;\nACC State intelligence operation means an intelligence operation that the ACC is undertaking under section 5(b);\nACC State investigation means an investigation that the ACC is conducting under section 5(a);\nauthority includes a department, agency or body;\nCommonwealth body or person means—\n\t(a)\tthe ACC; or\n\t(b)\tthe Board; or\n\t(c)\tthe Chair of the Board; or\n\t(d)\ta member of the Board; or\n\t(e)\tthe Inter-Governmental Committee; or\n\t(f)\tthe CEO; or\n\t(g)\ta member of the staff of the ACC; or\n\t(ga)\ta legal practitioner appointed under section 7 of the Act; or\n\t(h)\tan examiner; or\n\t(i)\ta Judge of the Federal Court; or\n\t(j)\ta Federal Magistrate;\nCommonwealth Minister means the Commonwealth Minister administering the ACC Act;\nconfer includes to impose;\nconstable means a member or special member of the Australian Federal Police or a member of the police force or police service of this State;\nFederal Magistrate means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the Federal Magistrates Act 1999 of the Commonwealth;\nfunction has a meaning affected by subsection (4);\nin contempt of the ACC has the meaning given by section 26A;\nintelligence operation means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to relevant criminal activity, but that may involve the investigation of matters relating to relevant criminal activity;\nissuing officer means—\n\t(a)\ta Judge of the Federal Court; or\n\t(b)\ta Judge of a court of the State; or\n\t(c)\ta Federal Magistrate;\nperform includes to exercise;\nserious and organised crime means an offence—\n\t(a)\tthat involves 2 or more offenders and substantial planning and organisation; and\n\t(b)\tthat involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and\n\t(c)\tthat is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and\n\t(d)\tthat is an offence of a kind prescribed by the regulations or an offence that involves any of the following:\n\t(i)\ttheft;\n\t(ii)\tfraud;\n\t(iii)\ttax evasion;\n\t(iv)\tmoney laundering;\n\t(v)\tcurrency violations;\n\t(vi)\tillegal drug dealings;\n\t(vii)\tillegal gambling;\n\t(viii)\tobtaining financial benefit by vice engaged in by others;\n\t(ix)\textortion;\n\t(x)\tviolence;\n\t(xi)\tbribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;\n\t(xii)\tperverting the course of justice;\n\t(xiii)\tbankruptcy and company violations;\n\t(xiv)\tharbouring of criminals;\n\t(xv)\tforging of passports;\n\t(xvi)\tfirearms;\n\t(xvii)\tarmament dealings;\n\t(xviii)\tillegal importation or exportation of fauna into or out of Australia;\n\t(xix)\tcybercrime;\n\t(xx)\tmatters of the same general nature as one or more of the matters listed above; and\n\t(e)\tthat is punishable by imprisonment for a period of 3 years or more,\nbut—\n\t(f)\tdoes not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and\n\t(g)\tdoes not include an offence the time for the commencement of a prosecution for which has expired;\nspecial ACC operation/investigation means—\n\t(a)\tan ACC State intelligence operation that the Board has determined to be a special operation; or\n\t(b)\tan ACC State investigation that the Board has determined to be a special investigation;\nState Minister means the State Minister administering this Act.\n\t(2)\tIf this Act uses a term that is used in the ACC Act, the term has the same meaning in this Act as it has in the ACC Act unless the contrary intention appears in this Act.\n\t(3)\tIf the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime.\n\t(4)\tA reference in this Act, other than Part 2, to a function includes a reference to a power or duty.\n4—Act to bind Crown\nThis Act binds the Crown in right of the State and also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\nPart 2—The Australian Crime Commission, the Board and the Inter-Governmental Committee\nDivision 1—The Australian Crime Commission\n5—Functions of ACC\nThe ACC has the following functions:\n\t(a)\tto investigate a matter relating to a relevant criminal activity, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n\t(b)\tto undertake an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);\n\t(c)\tto provide a report to the Board on the outcome of such an investigation or operation;\n\t(d)\tsuch other functions as are conferred on the ACC by other provisions of this Act or any other Act.\n6—CEO to manage ACC operations/investigations\n\t(1)\tThe CEO is to manage, coordinate and control ACC operations/investigations.\n\t(2)\tAs soon as practicable after the Board consents under section 55A(3) of the ACC Act to the ACC undertaking an intelligence operation under section 5(b) or conducting an investigation under section 5(a), the CEO must determine, in writing, the head of the operation or investigation.\n\t(3)\tBefore the CEO determines the head of the operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination.\n\t(4)\tSubject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation.\n7—Counsel assisting ACC\nThe CEO may appoint a legal practitioner to assist the ACC as counsel in relation to ACC operations/investigations generally or in relation to a particular matter or matters.\nDivision 2—The Board of the ACC\n8—Functions of Board\n\t(1)\tThe Board has the following functions:\n\t(a)\tto determine, in writing, whether an ACC State intelligence operation is a special operation or whether an ACC State investigation is a special investigation;\n\t(b)\tto determine, in writing, the class or classes of persons to participate in an ACC State intelligence operation or ACC State investigation;\n\t(c)\tto establish task forces;\n\t(d)\tsuch other functions as are conferred on the Board by other provisions of this Act.\n\t(2)\tThe Board may determine, in writing, that an ACC State intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective.\n\t(3)\tThe Board may determine, in writing, that an ACC State investigation is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective.\n\t(4)\tA determination under subsection (2) or (3) must—\n\t(a)\tdescribe the general nature of the circumstances or allegations constituting the relevant criminal activity to which the operation or investigation relates; and\n\t(b)\tstate that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State but need not specify the particular offence or offences; and\n\t(c)\tset out the purpose of the operation or investigation.\n\t(5)\tThe Chair of the Board must, within the period of 7 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter-Governmental Committee.\n\t(6)\tA determination under subsection (2) or (3) has effect immediately after it is made.\n\t(7)\tSections 9 to 15 have effect in relation to the Board's functions under this Act.\n9—Board meetings\n\t(1)\tThe Chair of the Board may convene meetings of the Board.\n\t(2)\tThe Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the requirements set out in section 7D of the ACC Act.\n10—Presiding at Board meetings\nA meeting of the Board must be presided over by—\n\t(a)\tif the Chair of the Board is present—the Chair; or\n\t(b)\totherwise—another eligible Commonwealth Board member who is present and who is nominated, in writing, by the Chair to preside.\n11—Quorum at Board meetings\nAt a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO).\n12—Voting at Board meetings\n\t(1)\tSubject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present.\n\t(2)\tThe person presiding at a meeting has—\n\t(a)\ta deliberative vote; and\n\t(b)\tif necessary, also a casting vote.\n\t(3)\tThe CEO is not entitled to vote on any question arising at a meeting of the Board.\n\t(4)\tThe Board cannot determine that an ACC State intelligence operation is a special operation, or that an ACC State investigation is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination.\n13—Conduct of Board meetings\n\t(1)\tThe Board may regulate proceedings at its meetings as it considers appropriate.\n\t(2)\tThe Board must ensure that minutes of its meetings are kept.\n14—Resolutions outside of Board meetings\n\t(1)\tThis section applies to a resolution—\n\t(a)\twhich, without being considered at a meeting of the Board, is referred to all members of the Board; and\n\t(b)\tof which—\n\t(i)\tif subparagraph (ii) does not apply—a majority of those members (not including the CEO); or\n\t(ii)\tif the resolution is that the Board determine that an ACC State intelligence operation is a special operation, or that an ACC State investigation is a special investigation—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members),\nindicate by telephone or other mode of communication to the Chair of the Board that they are in favour.\n\t(2)\tThe resolution is as valid and effectual as if it had been passed at a meeting of the Board duly convened and held.\n15—Board committees\n\t(1)\tThe Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board.\n\t(2)\tThe Board may dissolve a committee at any time.\n\t(3)\tThe functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO).\n\t(4)\tHowever, the Board cannot determine that a committee has the function of determining whether an ACC State intelligence operation is a special operation or whether an ACC State investigation is a special investigation.\n\t(5)\tIn performing its functions, a committee must comply with any directions given to the committee by the Board.\n\t(6)\tA question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.\n\t(7)\tHowever, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member.\n\t(8)\tA committee must inform the other members of the Board of its decisions.\n\t(9)\tA committee may regulate proceedings at its meetings as it considers appropriate.\n\t(10)\tA committee must ensure that minutes of its meetings are kept.\nDivision 3—The Inter-Governmental Committee\n16—Functions of Committee\n\t(1)\tWithin the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under section 8(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.\n\t(2)\tSubject to subsection (3), the Chair of the Board must comply with the request.\n\t(3)\tIf the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information.\n\t(4)\tIf the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the State Minister.\n\t(5)\tIf the Committee refers the request to the State Minister, he or she—\n\t(a)\tmust determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and\n\t(b)\tmust provide copies of that determination to the Chair of the Board and the Committee; and\n\t(c)\tmust not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.\n\t(6)\tWithin the period of 30 days beginning on the day the Committee makes a request under subsection (1) in relation to a special determination, the Committee may, by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.\n\t(7)\tThe Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.\n\t(8)\tTo avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified.\n\t(9)\tThe Committee does not have a duty to consider whether to exercise the power under subsection (1) or (6) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.\nPart 3—Examinations\n17—Examinations\nAn examiner may conduct an examination for the purposes of a special ACC operation/investigation.\n18—Conduct of examination\n\t(1)\tAn examiner may regulate the conduct of proceedings at an examination as the examiner thinks fit.\n\t(2)\tAt an examination before an examiner—\n\t(a)\ta person giving evidence may be represented by a legal practitioner; and\n\t(b)\tif, by reason of the existence of special circumstances, the examiner consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.\n\t(3)\tAn examination before an examiner must be held in private and the examiner may give directions as to the persons who may be present during the examination or a part of the examination.\n\t(4)\tNothing in a direction given by the examiner under subsection (3) prevents the presence, when evidence is being taken at an examination before the examiner, of—\n\t(a)\ta person representing the person giving evidence; or\n\t(b)\ta person representing, in accordance with subsection (2), a person who, by reason of a direction given by the examiner under subsection (3), is entitled to be present.\n\t(5)\tIf an examination before an examiner is being held, a person (other than a member of the staff of the ACC approved by the examiner) must not be present at the examination unless the person is entitled to be present by reason of a direction given by the examiner under subsection (3) or by reason of subsection (4).\n\t(6)\tAt an examination before an examiner—\n\t(a)\tcounsel assisting the examiner generally or in relation to the matter to which the ACC operation/investigation relates; or\n\t(b)\tany person authorised by the examiner to appear before the examiner at the examination; or\n\t(c)\tany legal practitioner representing a person at the examination in accordance with subsection (2),\nmay, so far as the examiner thinks appropriate, examine or cross-examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.\n\t(7)\tIf a person (other than a member of the staff of the ACC) is present at an examination before an examiner while another person (the witness) is giving evidence at the examination, the examiner must—\n\t(a)\tinform the witness that the person is present; and\n\t(b)\tgive the witness an opportunity to comment on the presence of the person.\n\t(8)\tTo avoid doubt, a person does not cease to be entitled to be present at an examination before an examiner or part of such an examination if—\n\t(a)\tthe examiner fails to comply with subsection (7); or\n\t(b)\ta witness comments adversely on the presence of the person under subsection (7)(b).\n\t(9)\tAn examiner may direct that—\n\t(a)\tany evidence given before the examiner; or\n\t(b)\tthe contents of any document, or a description of any thing, produced to the examiner; or\n\t(c)\tany information that might enable a person who has given evidence before the examiner to be identified; or\n\t(d)\tthe fact that any person has given or may be about to give evidence at an examination,\nmust not be published, or must not be published except in such manner, and to such persons, as the examiner specifies. The examiner must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been, or may be, charged with an offence.\n\t(10)\tSubject to subsection (11), the CEO may, in writing, vary or revoke a direction under subsection (9).\n\t(11)\tThe CEO must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n\t(12)\tIf—\n\t(a)\ta person has been charged with an offence before a federal court or before a court of the State; and\n\t(b)\tthe court considers that it may be desirable in the interests of justice that particular evidence given before an examiner, being evidence in relation to which the examiner has given a direction under subsection (9), be made available to the person or to a legal practitioner representing the person,\nthe court may give to the examiner or to the CEO a certificate to that effect and, if the court does so, the examiner or the CEO, as the case may be, must make the evidence available to the court.\n\t(13)\tIf—\n\t(a)\tthe examiner or the CEO makes evidence available to a court in accordance with subsection (12); and\n\t(b)\tthe court, after examining the evidence, is satisfied that the interests of justice so require,\nthe court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.\n\t(14)\tA person who—\n\t(a)\tis present at an examination in contravention of subsection (5); or\n\t(b)\tmakes a publication in contravention of a direction given under subsection (9),\nis guilty of an offence.\nMaximum penalty: $2 200 or imprisonment for 1 year.\n\t(15)\tAt the conclusion of an examination held by an examiner, the examiner must give the head of the special ACC operation/investigation—\n\t(a)\ta record of the proceedings of the examination; and\n\t(b)\tany documents or other things given to the examiner at, or in connection with, the examination.\n19—Power to summon witnesses and take evidence\n\t(1)\tAn examiner may summon a person to appear before the examiner at an examination to give evidence and to produce such documents or other things (if any) as are referred to in the summons.\n\t(2)\tBefore issuing a summons under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the summons.\n\t(3)\tA summons under subsection (1) requiring a person to appear before an examiner at an examination must be accompanied by a copy of the determination of the Board that the State ACC intelligence operation is a special operation or that the State ACC investigation is a special investigation.\n\t(4)\tA summons under subsection (1) requiring a person to appear before an examiner at an examination must, unless the examiner issuing the summons is satisfied that, in the particular circumstances of the special ACC operation/investigation to which the examination relates, it would prejudice the effectiveness of the special ACC operation/investigation for the summons to do so, set out, so far as is reasonably practicable, the general nature of the matters in relation to which the examiner intends to question the person, but nothing in this subsection prevents the examiner from questioning the person in relation to any matter that relates to a special ACC operation/investigation.\n\t(5)\tThe examiner who is holding an examination may require a person appearing at the examination to produce a document or other thing.\n\t(6)\tAn examiner may, at an examination, take evidence on oath or affirmation and for that purpose—\n\t(a)\tthe examiner may require a person appearing at the examination to give evidence either to take an oath or to make an affirmation in a form approved by the examiner; and\n\t(b)\tthe examiner, or a person who is an authorised person in relation to the ACC, may administer an oath or affirmation to a person so appearing at the examination.\n\t(7)\tIn this section, a reference to a person who is an authorised person in relation to the ACC is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the CEO.\n\t(8)\tThe powers conferred by this section are not exercisable except for the purposes of a special ACC operation/investigation.\n20—Power to obtain documents\n\t(1)\tAn examiner may, by notice in writing served on a person, require the person—\n\t(a)\tto attend, at a time and place specified in the notice, before a person specified in the notice, being the examiner or a member of the staff of the ACC; and\n\t(b)\tto produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that is relevant to a special ACC operation/investigation.\n\t(2)\tBefore issuing a notice under subsection (1), the examiner must be satisfied that it is reasonable in all the circumstances to do so. The examiner must also record in writing the reasons for the issue of the notice.\n\t(3)\tA notice may be issued under this section in relation to a special ACC operation/investigation, whether or not an examination before an examiner is being held for the purposes of the operation or investigation.\n\t(4)\tA person must not refuse or fail to comply with a notice served on the person under this section.\n\t(5)\tA person who contravenes subsection (4) is guilty of an offence.\nMaximum penalty: $22 000 or imprisonment for 5 years.\n\t(6)\tThe provisions of section 23(3) to (5) and (7) apply in relation to a person who is required to produce a document or thing by a notice served on him or her under this section in the same manner as they apply in relation to a person who is required to produce a document or thing at an examination before an examiner.\n\t(7)\tIf there is a contravention of section 23(3) as applied by subsection (6), the provisions of section 23(6) apply to that contravention.\n21—Disclosure of summons or notice may be prohibited\n\t(1)\tThe examiner issuing a summons under section 19 or a notice under section 20 must, or may, as provided in subsection (2), include in it a notation to the effect that disclosure of information about the summons or notice, or any official matter connected with it, is prohibited except in the circumstances, if any, specified in the notation.\n\t(2)\tA notation must not be included in the summons or notice except as follows:\n\t(a)\tthe examiner must include the notation if satisfied that failure to do so would reasonably be expected to prejudice—\n\t(i)\tthe safety or reputation of a person; or\n\t(ii)\tthe fair trial of a person who has been or may be charged with an offence; or\n\t(iii)\tthe effectiveness of an operation or investigation;\n\t(b)\tthe examiner may include the notation if satisfied that failure to do so might prejudice—\n\t(i)\tthe safety or reputation of a person; or\n\t(ii)\tthe fair trial of a person who has been or may be charged with an offence; or\n\t(iii)\tthe effectiveness of an operation or investigation;\n\t(c)\tthe examiner may include the notation if satisfied that failure to do so might otherwise be contrary to the public interest.\n\t(3)\tIf a notation is included in the summons or notice, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 22 on the person who was served with, or otherwise given, the summons or notice.\n\t(4)\tIf, after the ACC has concluded the operation or investigation concerned—\n\t(a)\tno evidence of an offence has been obtained as described in section 34(1); or\n\t(b)\tevidence of an offence or offences has been assembled and given as required by section 34(1) and the CEO has been advised that no person will be prosecuted; or\n\t(c)\tevidence of an offence or offences committed by only one person has been assembled and given as required by section 34(1) and criminal proceedings have begun against that person; or\n\t(d)\tevidence of an offence or offences committed by 2 or more persons has been assembled and given as required by section 34(1) and—\n\t(i)\tcriminal proceedings have begun against all those persons; or\n\t(ii)\tcriminal proceedings have begun against one or more of those persons and the CEO has been advised that no other of those persons will be prosecuted,\nall the notations that were included under this section in any summonses or notices relating to the operation or investigation are cancelled by this subsection.\n\t(5)\tIf a notation is cancelled by subsection (4), the CEO must serve a written notice of that fact on each person who was served with, or otherwise given, the summons or notice containing the notation.\n\t(6)\tIn this section—\nofficial matter has the same meaning as in section 22.\n22—Offences of disclosure\n\t(1)\tA person who is served with, or otherwise given, a summons or notice containing a notation made under section 21 must not disclose—\n\t(a)\tthe existence of the summons or notice or any information about it; or\n\t(b)\tthe existence of, or any information about, any official matter connected with the summons or notice.\nMaximum penalty: $2 200 or imprisonment for 1 year.\n\t(2)\tSubsection (1) does not prevent the person from making a disclosure—\n\t(a)\tin accordance with the circumstances, if any, specified in the notation; or\n\t(b)\tto a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons, notice or matter; or\n\t(c)\tif the person is a body corporate—to an officer or agent of the body corporate for the purpose of ensuring compliance with the summons or notice; or\n\t(d)\tif the person is a legal practitioner—for the purpose of obtaining the agreement of another person under section 23(3) to the legal practitioner answering a question or producing a document at an examination before an examiner. \n\t(3)\tIf a disclosure is made to a person as permitted by subsection (2) or (4), the following provisions apply:\n\t(a)\twhile he or she is a person of a kind to whom a disclosure is so permitted to be made, he or she must not disclose the existence of, or any information about, the summons or notice, or any official matter connected with it, except as permitted by subsection (4);\n\t(b)\twhile he or she is no longer such a person, he or she must not, in any circumstances, make a record of, or disclose the existence of, the summons, notice or matter, or disclose any information about any of them.\nMaximum penalty: $2 200 or imprisonment for 1 year. \n\t(4)\tA person to whom information has been disclosed, as permitted by subsection (2) or this subsection, may disclose that information—\n\t(a)\tif the person is an officer or agent of a body corporate referred to in subsection (2)(c)—\n\t(i)\tto another officer or agent of the body corporate for the purpose of ensuring compliance with the summons or notice; or\n\t(ii)\tto a legal practitioner for the purpose of obtaining legal advice or representation relating to the summons, notice or matter; or\n\t(b)\tif the person is a legal practitioner—for the purpose of giving legal advice, or making representations, relating to the summons, notice or matter.\n\t(5)\tThis section ceases to apply to a summons or notice after—\n\t(a)\tthe notation contained in the summons or notice is cancelled by section 21(4); or\n\t(b)\t5 years elapse after the issue of the summons or notice, whichever is sooner.\n\t(6)\tA reference in this section to disclosing something's existence includes disclosing information from which a person could reasonably be expected to infer its existence.\n\t(7)\tIn this section—\nofficial matter means any of the following (whether past, present or contingent):\n\t(a)\tthe determination referred to in section 19(3);\n\t(b)\tan ACC operation/investigation;\n\t(c)\tan examination held by an examiner;\n\t(d)\tcourt proceedings.\n23—Failure of witnesses to attend and answer questions\n\t(1)\tA person served, as prescribed, with a summons to appear as a witness at an examination before an examiner must not—\n\t(a)\tfail to attend as required by the summons; or\n\t(b)\tfail to attend from day to day unless excused, or released from further attendance, by the examiner.\n\t(2)\tA person appearing as a witness at an examination before an examiner must not—\n\t(a)\twhen required pursuant to section 19 either to take an oath or make an affirmation—refuse or fail to comply with the requirement; or\n\t(b)\trefuse or fail to answer a question that he or she is required to answer by the examiner; or\n\t(c)\trefuse or fail to produce a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed.\n\t(3)\tWhere—\n\t(a)\ta legal practitioner is required to answer a question or produce a document at an examination before an examiner; and\n\t(b)\tthe answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner,\nthe legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner refuses to comply with the requirement, he or she must, if so required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made.\n\t(4)\tSubsection (5) limits the use that can be made of any answers given at an examination before an examiner, or documents or things produced at an examination before an examiner. That subsection only applies if—\n\t(a)\ta person appearing as a witness at an examination before an examiner—\n\t(i)\tanswers a question that he or she is required to answer by the examiner; or\n\t(ii)\tproduces a document or thing that he or she was required to produce by a summons under this Act served on him or her as prescribed; and\n\t(b)\tin the case of the production of a document that is, or forms part of, a record of an existing or past business—the document sets out details of earnings received by the person in respect of his or her employment and does not set out any other information; and\n\t(c)\tbefore answering the question or producing the document or thing, the person claims that the answer, or the production of the document or thing, might tend to incriminate the person or make the person liable to a penalty.\n\t(5)\tThe answer, or the document or thing, is not admissible in evidence against the person in—\n\t(a)\ta criminal proceeding; or\n\t(b)\ta proceeding for the imposition of a penalty,\nother than—\n\t(c)\tconfiscation proceedings; or\n\t(d)\ta proceeding in respect of—\n\t(i)\tin the case of an answer—the falsity of the answer; or\n\t(ii)\tin the case of the production of a document—the falsity of any statement contained in the document.\n\t(6)\tA person who contravenes subsection (1), (2) or (3) is guilty of an offence.\nMaximum penalty: $22 000 or imprisonment for 5 years.\n\t(7)\tSubsection (3) does not affect the law relating to legal professional privilege.\n24—Warrant for arrest of witness\n\t(1)\tWhere, upon application by an examiner, a Judge of the Federal Court sitting in chambers or the Supreme Court is satisfied by evidence on oath that there are reasonable grounds to believe—\n\t(a)\tthat a person who has been ordered, under section 28, to deliver his or her passport to the examiner, whether or not the person has complied with the order, is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the examiner; or\n\t(b)\tthat a person in relation to whom a summons has been issued under section 19(1)—\n\t(i)\thas absconded or is likely to abscond; or\n\t(ii)\tis otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or\n\t(c)\tthat a person has committed an offence under section 23(1) or is likely to do so,\nthe Judge may issue a warrant for the apprehension of the person.\n\t(2)\tThe warrant may be executed by any person to whom it is addressed and the person executing it has power to break into and enter any premises, vessel, aircraft or vehicle for the purpose of executing it.\n\t(3)\tA member of the Australian Federal Police cannot execute the warrant unless he or she is also a member of the staff of the ACC.\n\t(4)\tThe warrant may be executed even if the warrant is not at the time in the possession of the person executing it.\n\t(5)\tA person executing the warrant may only use such reasonable force as is necessary for the execution.\n\t(6)\tWhere a person is apprehended under the warrant, he or she must be brought, as soon as practicable, before a Judge of the Federal Court or the Supreme Court and the Judge may—\n\t(a)\tadmit the person to bail, with such security as the Judge thinks fit, on such conditions as he or she thinks necessary to ensure the appearance of the person as a witness before the examiner; or\n\t(b)\torder the continued detention of the person for the purposes of ensuring his or her appearance as such a witness; or\n\t(c)\torder the release of the person.\n\t(7)\tWhere a person is under detention under this section, he or she must, within 14 days after he or she was brought, or last brought, before a Judge of the Federal Court or the Supreme Court in accordance with this section, or within such shorter or longer time as a Judge has fixed upon the last previous appearance of the person before a Judge under this section, be again brought before a Judge and the Judge may then exercise any of the powers of a Judge under subsection (6).\n\t(8)\tIn this section—\nAustralia includes the external Territories.\n25—False or misleading evidence\n\t(1)\tA person must not, at an examination before an examiner, give evidence that the person knows is false or misleading in a material particular.\n\t(2)\tA person who contravenes subsection (1) is guilty of an offence.\nMaximum penalty: $22 000 or imprisonment for 5 years.\n26—Protection of witnesses from harm or intimidation\nWhere it appears to an examiner that, by reason of the fact that a person—\n\t(a)\tis to appear, is appearing or has appeared at an examination before the examiner to give evidence or to produce a document or thing; or\n\t(b)\tproposes to furnish or has furnished information, or proposes to produce or has produced a document or thing, to the ACC otherwise than at an examination before the examiner,\nthe safety of the person may be prejudiced or the person may be subjected to intimidation or harassment, the examiner may make such arrangements (including arrangements with the State Minister or with members of the Australian Federal Police or of the Police Force of the State) as are necessary to avoid prejudice to the safety of the person, or to protect the person from intimidation or harassment.\n26A—Contempt of the ACC\nA person is in contempt of the ACC if he or she—\n\t(a)\twhen appearing as a witness at an examination before an examiner—\n\t(i)\trefuses or fails to take an oath or affirmation when required to do so under section 19; or\n\t(ii)\trefuses or fails to answer a question that he or she is required to answer by the examiner; or\n\t(iii)\trefuses or fails to produce a document or thing that he or she was required to produce by a summons or notice under this Act that was served to him or her as prescribed; or\n\t(b)\tis a legal practitioner who is required to answer a question or produce a document at an examination before an examiner, and both of the following apply:\n\t(i)\tthe answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner;\n\t(ii)\the or she refuses to comply with the requirement and does not, when required by the examiner, give the examiner the name and address of the person to whom or by whom the communication was made; or\n\t(c)\tgives evidence at an examination before an examiner that he or she knows is false or misleading in a material particular; or\n\t(d)\tobstructs or hinders an examiner in the performance of his or her functions as an examiner; or\n\t(e)\tdisrupts an examination before an examiner; or\n\t(f)\tthreatens a person present at an examination before an examiner.\n26B—Supreme Court to deal with contempt\n\t(1)\tIf an examiner is of the opinion that, during an examination before the examiner, a person is in contempt of the ACC, the examiner may apply to the Supreme Court for the person to be dealt with in relation to the contempt.\n\t(2)\tBefore making the application, the examiner must inform the person that the examiner proposes to make the application.\n\t(3)\tThe application must be accompanied by a certificate that states—\n\t(a)\tthe grounds for making the application; and\n\t(b)\tevidence in support of the application.\n\t(4)\tA copy of the certificate must be given to the person before, or at the same time as, the application is made.\n\t(5)\tIf, after—\n\t(a)\tconsidering the matters specified in the certificate; and\n\t(b)\thearing or receiving any evidence or statements by or in support of the ACC; and\n\t(c)\thearing or receiving any evidence or statements by or in support of the person,\nthe Supreme Court finds that the person was in contempt of the ACC, the Court may deal with the person as if the acts or omissions involved constituted a contempt of that Court.\n26C—Conduct of contempt proceedings\n\t(1)\tThis section applies if an application for a person to be dealt with in relation to a contempt of the ACC is made to the Supreme Court under section 26B.\n\t(2)\tProceedings in relation to the application are, subject to this Act, to be instituted, carried on, heard and determined in accordance with the laws (including any Rules of Court) that apply in relation to the punishment of a contempt of the Supreme Court.\n\t(3)\tIn proceedings in relation to the application, a certificate under section 26B(3) is prima facie evidence of the matters specified in the certificate.\n26D—Person in contempt may be detained\n\t(1)\tIf an examiner proposes to make an application under section 26B(1) in respect of a person, he or she may, during the hearing concerned, direct a constable to detain the person for the purpose of bringing the person before the Supreme Court for the hearing of the application.\n\t(2)\tIf the person is detained under subsection (1)—\n\t(a)\tthe examiner must apply to the Court as soon as practicable under section 26B(1) in respect of the person; and\n\t(b)\tthe person must, subject to subsection (3) of this section, be brought before the Court as soon as practicable.\n\t(3)\tThe Court may—\n\t(a)\tdirect that the person be released from detention on condition that he or she will appear before the Court in relation to the application; or\n\t(b)\torder that the person continue to be detained until the application is determined.\n\t(4)\tThe Court may also impose any other condition on the release, for example—\n\t(a)\tthat the person surrenders his or her passport; or\n\t(b)\tthat the person gives an undertaking as to his or her living arrangements; or\n\t(c)\tthat the person reports as required to a law enforcement agency.\n\t(5)\tThe Court may at any time vary or revoke a condition imposed under subsection (4).\n26E—Examiner may withdraw contempt application\n\t(1)\tAn examiner may at any time withdraw an application in relation to a person under section 26B(1).\n\t(2)\tIf—\n\t(a)\tthe examiner does so; and\n\t(b)\tthe person is in detention under section 26D,\nthe person must be released from detention immediately.\n26F—Relationship with section 34\nTo avoid doubt, evidence relating to an application under section 26B(1) is not required to be given to a person or authority under section 34(1).\n27—Legal protection of examiners, counsel and witnesses\n\t(1)\tAn examiner has, in the performance of his or her functions or the exercise of his or her powers as an examiner in relation to an examination before the examiner, the same protection and immunity as a Justice of the High Court.\n\t(2)\tA legal practitioner assisting the ACC or an examiner or representing a person at an examination before an examiner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.\n\t(3)\tSubject to this Act, a person summoned to attend or appearing before an examiner as a witness has the same protection as a witness in proceedings in the High Court.\n28—Order for delivery to examiner of passport of witness\n\t(1)\tWhere, upon application by an examiner, a Judge of the Federal Court sitting in Chambers is satisfied by evidence on oath that—\n\t(a)\tin connection with a special ACC operation/investigation, a summons has been issued under this Act requiring a person to appear before an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination, to give evidence or to produce documents or other things; and\n\t(b)\tthere are reasonable grounds for believing that the person may be able to give to the examiner evidence or further evidence that is, or to produce to the examiner documents or other things or further documents or other things that are, relevant to the special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation; and\n\t(c)\tthere are reasonable grounds for suspecting that the person intends to leave Australia and has in his or her possession, custody or control of a passport issued to him or her,\nthe Judge may make an order requiring the person to appear before a Judge of the Federal Court on a date, and at a time and place, specified in the order to show cause why he or she should not be ordered to deliver the passport to the examiner.\n\t(2)\tWhere a person appears before a Judge of the Federal Court under an order made under subsection (1), the Judge may, if he or she thinks fit, make an order—\n\t(a)\trequiring the person to deliver to the examiner any passport issued to him or her that is in his or her possession, custody or control; and\n\t(b)\tauthorising the examiner to retain the passport until the expiration of such period (not exceeding 1 month) as is specified in the order.\n\t(3)\tA Judge of the Federal Court may, upon application by the examiner, extend for a further period (not exceeding 1 month) or further periods (not exceeding 1 month in each case) the period for which the examiner is authorised to retain a passport under an order made under subsection (2), but so that the total period for which the examiner is authorised to retain the passport does not exceed 3 months.\n\t(4)\tA Judge of the Federal Court may, at any time while the examiner is authorised under an order made under this section to retain a passport issued to a person, upon application made by the person, revoke the order and, if the order is revoked, the examiner must forthwith return the passport to the person.\n\t(5)\tIn this section—\nAustralia includes the external Territories.\nPart 4—Search warrants\n29—Search warrants\n\t(1)\tAn eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if—\n\t(a)\tthe eligible person has reasonable grounds for suspecting that, on a particular day (the relevant day), being the day on which, or a particular day within 1 month after the day on which, the application is made, there may be, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a special ACC operation/investigation (things of the relevant kind); and\n\t(b)\tthe eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.\n\t(2)\tWhere an application under subsection (1) is made to an issuing officer, the issuing officer may issue a warrant authorising a person named in the warrant (the authorised person), with such assistance as the authorised person thinks necessary and if necessary by force, to do any one or more of the following:\n\t(a)\tenter upon the land or upon or into the premises, vessel, aircraft or vehicle;\n\t(b)\tsearch the land, premises, vessel, aircraft or vehicle for things of the relevant kind;\n\t(c)\tseize any things of the relevant kind found upon the land or upon or in the premises, vessel, aircraft or vehicle and deliver things so seized to any person participating in the special ACC operation/investigation.\n\t(3)\tA member of the Australian Federal Police cannot be an authorised person unless he or she is also a member of the staff of the ACC.\n\t(4)\tAn issuing officer must not issue a warrant under subsection (2) unless—\n\t(a)\tan affidavit has been furnished to him or her setting out the grounds on which the issue of the warrant is being sought; and\n\t(b)\tthe applicant (or some other person) has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought; and\n\t(c)\tthe issuing officer is satisfied that there are reasonable grounds for issuing the warrant.\n\t(5)\tWhere an issuing officer issues a warrant under subsection (2), he or she must state on the affidavit furnished to him or her as mentioned in subsection (4)(a) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds relied on by him or her to justify the issue of the warrant.\n\t(6)\tA warrant issued under this section must—\n\t(a)\tinclude a statement of the purpose for which the warrant is issued, which must include a reference to the special ACC operation/investigation with which the things of the relevant kind are connected; and\n\t(b)\tstate whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n\t(c)\tinclude a description of the kind of things authorised to be seized; and\n\t(d)\tspecify a date, not being later than 1 month after the date of issue of the warrant, upon which the warrant ceases to have effect.\n\t(7)\tA warrant issued under this section may be executed, in accordance with its terms, at any time during the period commencing on the relevant day and ending on the date specified in the warrant as the date upon which the warrant ceases to have effect.\n\t(8)\tA person executing a warrant issued under this section may only use such reasonable force as is necessary for the execution.\n\t(9)\tWhere, in the course of searching, in accordance with the terms of a warrant issued under this section, for things of the relevant kind, the person executing the warrant finds a thing that he or she believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a law of the Commonwealth or of a State or Territory and he or she believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, the person may seize the thing and, if he or she does so, the thing is to be taken, for the purposes of this Act, to have been seized pursuant to the warrant.\n\t(10)\tWhere a thing is seized pursuant to a warrant issued under this section—\n\t(a)\tthe head of the special ACC operation/investigation may retain the thing if, and for so long as, retention of the thing by the head of the special ACC operation/investigation is reasonably necessary for the purposes of the special ACC operation/investigation to which the thing is relevant; and\n\t(b)\tif the retention of the thing by the head of the special ACC operation/investigation is not, or ceases to be, reasonably necessary for such purposes, a person participating in the special ACC operation/investigation must cause the thing to be delivered to—\n\t(i)\tif the thing may be used in evidence in proceedings of a kind referred to in subsection (13)—the authority or person responsible for taking the proceedings; or\n\t(ii)\tif subparagraph (i) does not apply—the person who appears to the person participating in the special ACC operation/investigation to be entitled to the possession of the thing,\nunless the CEO has furnished the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, or to another person or authority, in accordance with section 34(1)(a), (b) or (c).\n\t(11)\tA person participating in the special ACC operation/investigation may, instead of delivering a thing in accordance with subsection (10)(b)(ii), deliver the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, for the purpose of assisting in the investigation of criminal offences, where the person participating in the special ACC operation/investigation is satisfied that the thing is likely to be useful for that purpose.\n\t(12)\tNothing in this section affects a right of a person to apply for, or the power of a person to issue, a warrant, being a right or power existing otherwise than by virtue of this section.\n\t(13)\tWithout limiting the generality of subsection (1)(a), a reference in this section to a thing connected with a special ACC operation/investigation, includes a reference to a thing that may be used in evidence in proceedings for the taking, by or on behalf of the Crown in right of the Commonwealth, of a State or of a Territory, of civil remedies in respect of a matter connected with, or arising out of, an offence to which the special ACC operation/investigation relates.\n\t(14)\tIn this section—\nthing includes a document.\n30—Application by telephone for search warrants\n\t(1)\tWhere, by reason of circumstances of urgency, an eligible person considers it necessary to do so, the eligible person may make application by telephone for a warrant under section 29.\n\t(2)\tBefore so making application, the eligible person must prepare an affidavit that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the affidavit has been sworn.\n\t(3)\tWhere an issuing officer issues a warrant under section 29 upon an application made by telephone, he or she must—\n\t(a)\tcomplete and sign the warrant; and\n\t(b)\tinform the eligible person who made the application of the terms of the warrant and the date on which and the time at which it was signed; and\n\t(c)\trecord on the warrant his or her reasons for issuing the warrant; and\n\t(d)\tsend a copy of the warrant to the CEO.\n\t(4)\tWhere a warrant is issued under section 29 upon an application made by telephone, a member of the staff of the ACC or a member of the Police Force of the State may complete a form of warrant in the terms indicated by the issuing officer under subsection (3) and, where a form of warrant is so completed, he or she must write on it the name of the issuing officer who issued the warrant and the date on which and the time at which it was signed.\n\t(5)\tWhere a person completes a form of warrant in accordance with subsection (4), the person must, not later than the day next following the date of expiry of the warrant, send to the issuing officer who signed the warrant the form of warrant completed by him or her and the affidavit duly sworn in connection with the warrant.\n\t(6)\tUpon receipt of the documents referred to in subsection (5) the issuing officer must attach them to the warrant signed by him or her and deal with the documents in the manner in which he or she would have dealt with the affidavit if the application for the warrant had been made to him or her in accordance with section 29.\n\t(7)\tA form of warrant duly completed in accordance with subsection (4) is to be taken to be a warrant issued under section 29.\nPart 5—Performance of functions and exercise of powers\n31—Consent of Board may be needed before functions can be performed\nThe conferral of a function on a Commonwealth body or person by this Act is subject to any provision of the ACC Act that requires the consent of the Board before the function can be performed.\n32—Functions not affected by State laws\nA Commonwealth body or person is not precluded by any law of the State from performing a function conferred by this Act.\n33—Extent to which functions are conferred\n\t(1)\tThis Act does not purport to impose any duty on a Commonwealth body or person to perform a function if the imposition of the duty would be beyond the legislative power of the Parliament of the State.\n\t(2)\tThis section does not limit the operation of section 35 of this Act or section 22A of the Acts Interpretation Act 1915.\n34—Performance of functions\n\t(1)\tWhere the ACC, in carrying out an ACC operation/investigation, obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the CEO must assemble the evidence and give it to—\n\t(a)\tthe Attorney-General of the Commonwealth or the State, as the case requires; or\n\t(b)\tthe relevant law enforcement agency; or\n\t(c)\tany person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.\n\t(2)\tWhere the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to—\n\t(a)\tthe Attorney-General of the Commonwealth or the relevant State, as the case requires; or\n\t(b)\ta relevant law enforcement agency; or\n\t(c)\tany person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.\n\t(3)\tWhere, as a result of the performance of any of the ACC's functions, the Board considers that a recommendation should be made to the Commonwealth Minister or to the appropriate State Minister of a participating State, being a recommendation—\n\t(a)\tfor reform of the law relating to relevant offences, including any one or more of the following:\n\t(i)\tevidence and procedure applicable to the trials of relevant offences;\n\t(ii)\trelevant offences in relation to, or involving, corporations;\n\t(iii)\ttaxation, banking and financial frauds;\n\t(iv)\treception by Australian courts of evidence obtained in foreign countries as to relevant offences;\n\t(v)\tmaintenance and preservation of taxation, banking and financial records; or\n\t(b)\tfor reform of administrative practices; or\n\t(c)\tfor reform of administration of the courts in relation to trials of relevant offences,\nthe Board may make the recommendation to the Commonwealth Minister, or to that State Minister, as the case may be.\n\t(4)\tWhere the ACC has obtained particular information or intelligence in the course of performing one or more of its functions, nothing in this Act is to be taken to prevent the ACC from making use of the information or intelligence in the performance of any of its other functions.\n35—Functions of federal judicial officers\n\t(1)\tIn this section—\nfederal judicial officer means a Judge of the Federal Court or a Federal Magistrate.\n\t(2)\tA function conferred on a federal judicial officer by this Act is conferred on the federal judicial officer in a personal capacity and not as a court or a member of a court. The federal judicial officer need not accept the function conferred.\n\t(3)\tAnything done or made by a federal judicial officer under this Act has effect only by virtue of this Act and is not to be taken by implication to be done or made by a court.\n\t(4)\tA federal judicial officer performing a function under this Act has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the federal judicial officer is a member).\n36—Limitation on challenge to Board determination\nIf—\n\t(a)\tan ACC State intelligence operation is determined by the Board to be a special operation; or\n\t(b)\tan ACC State investigation is determined by the Board to be a special investigation,\nthen, except in a proceeding instituted by the Attorney-General of the Commonwealth or of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court of the State on the ground that the determination was not lawfully made.\n37—Cooperation with law enforcement agencies and coordination with overseas authorities\n\t(1)\tIn performing its functions under this Act, the ACC must, so far as is practicable, work in cooperation with law enforcement agencies.\n\t(2)\tIn performing its functions under this Act, the ACC may coordinate its activities with the activities of authorities and persons in other countries 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 connection with, or reasonably incidental to, the performance of its functions under this Act, and any specific powers conferred on the ACC by this Act are not to be taken to limit by implication the generality of this section.\nPart 6—General\n39—Double jeopardy\n\t(1)\tIf—\n\t(a)\tan act or omission by a person is an offence under this Act and is also an offence under the ACC Act; and\n\t(b)\tthe person has been punished for the offence under the ACC Act,\nthe person is not liable to be punished for the offence under this Act.\n\t(2)\tIf—\n\t(a)\tan application is made to the Supreme Court under section 26B(1) in respect of an act or omission by a person; and\n\t(b)\tthe person is dealt with by the Court under that section in respect of the act or omission,\nthe person is not liable to be prosecuted for an offence in respect of that act or omission.\n\t(3)\tIf a person is prosecuted for an offence in respect of an act or omission referred to in section 26B(1), an application must not be made under section 26B(1) in respect of that act or omission.\n40—Arrangements for Board to obtain information or intelligence\nThe State Minister may make an arrangement with the Commonwealth Minister for the Board to be given by the State, or an authority of the State, information or intelligence relating to relevant criminal activities.\n41—Administrative arrangements with the Commonwealth\nThe State Minister may make an arrangement with the Commonwealth Minister under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.\n42—Judges to perform functions under the ACC Act\nA Judge of a court of the State may perform functions conferred on the Judge by section 22, 23 or 31 of the ACC Act.\n43—Furnishing of reports and information\n\t(1)\tThe Chair of the Board must keep the Commonwealth Minister informed of the general conduct of the ACC in the performance of the ACC's functions under this Act. If the Commonwealth Minister requests the Chair of the Board to provide to him or her information concerning a specific matter relating to the ACC's conduct in the performance of its functions under this Act, the Chair must comply with the request.\n\t(2)\tSubject to subsection (3), if a State Minister who is a member of the Inter-Governmental Committee requests the Chair of the Board to provide to him or her information concerning a specific matter relating to the ACC's conduct in the performance of its functions under this Act, the Chair must comply with the request.\n\t(3)\tIf the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (2).\n\t(4)\tSubject to subsection (6), the Chair of the Board—\n\t(a)\tmust, when requested by the Inter-Governmental Committee to furnish information to the Committee concerning a specific matter relating to an ACC operation/investigation that the ACC has conducted or is conducting, comply with the request; and\n\t(b)\tmust, when requested by the Inter-Governmental Committee to do so, and may at such other times as the Chair of the Board thinks appropriate, inform the Committee concerning the general conduct of the ACC in the performance of the ACC's functions under this Act.\n\t(5)\tSubject to subsection (6), the Chair of the Board must furnish to the Inter-Governmental Committee, for transmission to the Governments represented on the Committee, a report of the findings of any special ACC operation/investigation conducted by the ACC.\n\t(6)\tThe Chair of the Board must not furnish to the Inter-Governmental Committee any matter the disclosure of which to members of the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies and, if the findings of the ACC in an investigation include any such matter, the Chair of the Board must prepare a separate report in relation to the matter and furnish that report to the State Minister.\n\t(7)\tThe Chair of the Board may include in a report furnished under subsection (5) a recommendation that the report be laid before each House of the Parliament of the State.\n\t(8)\tThe CEO may give to—\n\t(a)\tany law enforcement agency; or\n\t(b)\tany foreign law enforcement agency; or\n\t(c)\tany other authority of the Commonwealth, a State or a Territory prescribed by the regulations,\nany information that has come into the ACC's possession under this Act and that is relevant to the activities of that agency or authority if—\n\t(d)\tit appears to the CEO to be appropriate to do so; and\n\t(e)\tto do so would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.\n\t(9)\tThe CEO may, whenever it appears to the CEO to be appropriate to do so, furnish to authorities and persons responsible for taking civil remedies by or on behalf of the Crown in right of the Commonwealth, of a State or of a Territory any information that has come into the ACC's possession under this Act and that may be relevant for the purposes of so taking such remedies in respect of matters connected with, or arising out of, offences against the laws of the Commonwealth, of a State or of a Territory, as the case may be.\n\t(10)\tWhere any information relating to the performance of the functions of an authority of the Commonwealth or a State or the Administration of a Territory comes into the ACC's possession under this Act, the CEO may, if he or she considers it desirable to do so—\n\t(a)\tfurnish that information to the authority or Administration; and\n\t(b)\tmake any recommendations to the authority or Administration as to the performance of its functions that the CEO considers appropriate.\n\t(11)\tA report under this Act that sets out any finding that an offence has been committed, or makes any recommendation for the institution of a prosecution in respect of an offence, must not be made available to the public unless the finding or recommendation is expressed to be based on evidence that would be admissible in the prosecution of a person for that offence.\n\t(12)\tThe CEO may, whenever it appears to the CEO to be appropriate to do so, furnish to the Australian Security Intelligence Organisation any information that has come into the ACC's possession under this Act and that is relevant to security as defined in section 4 of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.\n44—Secrecy\n\t(1)\tThis section applies to—\n\t(a)\tthe CEO; and\n\t(b)\ta member of the Board; and\n\t(c)\ta member of the staff of the ACC; and\n\t(d)\tan examiner.\n\t(2)\tA person to whom this section applies who, either directly or indirectly, except for the purposes of a relevant Act or otherwise in connection with the performance of his or her functions under a relevant Act, and either while he or she is or after he or she ceases to be a person to whom this section applies—\n\t(a)\tmakes a record of any information; or\n\t(b)\tdivulges or communicates to any person any information,\nbeing information acquired by him or her by reason of, or in the course of, the performance of his or her functions under this Act, is guilty of an offence.\nMaximum penalty: $5 500 or imprisonment for 1 year, or both.\n\t(3)\tA person to whom this section applies cannot be required to produce in any court any document that has come into his or her custody or control in the course of, or by reason of, the performance of his or her functions under this Act, or to divulge or communicate to a court a matter or thing that has come to his or her notice in the performance of those functions, except where the ACC, or the CEO, the acting CEO, a member of the Board or an examiner in his or her official capacity, is a party to the relevant proceeding or it is necessary to do so—\n\t(a)\tfor the purpose of carrying into effect the provisions of a relevant Act; or\n\t(b)\tfor the purposes of a prosecution instituted as a result of an operation or investigation carried out by the ACC in the performance of its functions.\n\t(4)\tIn this section—\ncourt includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\nmember of the staff of the ACC means—\n\t(a)\ta person referred to in the definition of member of the staff of the ACC in section 4(1) of the ACC Act; or\n\t(b)\ta person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 7 in the performance of the legal practitioner's functions as counsel to the ACC;\nproduce includes permit access to, and production has a corresponding meaning;\nrelevant Act means the ACC Act, this Act or any corresponding Act of another State.\n45—Delegation\nThe CEO may, by writing, delegate to a member of the staff of the ACC who is an SES employee, or an acting SES employee, all or any of the CEO's functions under this Act.\n46—Liability for damages\nA member of the Board is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of any function conferred or expressed to be conferred by or under this Act.\n47—Obstructing, hindering or disrupting the ACC or an examiner\n\t(1)\tA person must not—\n\t(a)\tobstruct or hinder—\n\t(i)\tthe ACC in the performance of its functions; or\n\t(ii)\tan examiner in the performance of his or her functions as an examiner; or\n\t(b)\tdisrupt an examination before an examiner.\n\t(2)\tA person who contravenes subsection (1) is guilty of an offence. \nMaximum penalty: $22 000 or imprisonment for 5 years.\n48—Public meetings and bulletins\n\t(1)\tThe Board may hold meetings in public for the purpose of informing the public about, or receiving submissions in relation to, the performance of the ACC's functions, including its functions under this Act.\n\t(2)\tThe Board may publish bulletins for the purpose of informing the public about the performance of the ACC's functions, including its functions under this Act.\n\t(3)\tThe Board must not—\n\t(a)\tdivulge in the course of a meeting held under subsection (1); or\n\t(b)\tinclude in a bulletin published under subsection (2),\nany matter the disclosure of which to members of the public could prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n49—Annual report\n\t(1)\tIn this section—\nannual report means a report by the Chair of the Board under section 61 of the ACC Act.\n\t(2)\tAn annual report in relation to a year must include the following:\n\t(a)\ta description of any ACC State investigation that the ACC conducted during the year and that the Board determined to be a special investigation;\n\t(b)\ta description, which may include statistics, of any patterns or trends, and the nature and scope, of any criminal activity that have come to the attention of the ACC during that year in the performance of its functions under this Act;\n\t(c)\tany recommendations for changes in the laws of the Commonwealth, of a participating State or of a Territory, or for administrative action, that, as a result of the performance of the ACC's functions under this Act, the Board considers should be made;\n\t(d)\tthe general nature and the extent of any information furnished by the CEO during that year under this Act to a law enforcement agency;\n\t(e)\tthe extent to which ACC State investigations have resulted in the prosecution in that year of persons for offences;\n\t(f)\tthe extent to which ACC State investigations have resulted in confiscation proceedings;\n\t(g)\tparticulars of the number and results of court proceedings involving the ACC in relation to its functions under this Act being proceedings that were determined, or otherwise disposed of, during that year.\n\t(3)\tAn annual report must not—\n\t(a)\tidentify persons as being suspected of having committed offences; or\n\t(b)\tidentify persons as having committed offences unless those persons have been convicted of those offences.\n\t(4)\tIn any annual report the Chair of the Board must take reasonable care to ensure that the identity of a person is not revealed if to reveal his or her identity might, having regard to any material appearing in the report, prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.\n\t(5)\tThe State Minister is to cause a copy of—\n\t(a)\teach annual report that he or she receives; and\n\t(b)\tany comments made on the report by the Inter-Governmental Committee, being comments that accompanied the report,\nto be laid before each House of the Parliament of the State within 15 sitting days of that House after he or she receives the report.\n50—Things done for multiple purposes\nThe validity of anything done for the purposes of this Act is not affected only because it was done also for the purposes of the ACC Act.\n51—Regulations\nThe Governor may make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\nSchedule 1—Transitional provision\nPart 7—Transitional provisions\n13—Terms used in this Part\nIn this Part—\nNCA investigation means an investigation under section 5(4) of the NCA (State Provisions) Act;\nNCA (State Provisions) Act means the National Crime Authority (State Provisions) Act 1984.\n14—Certain investigations taken to be special investigations\nIf an ACC State investigation relates to a matter into which an NCA investigation had been commenced but not completed before 1 January 2003, the Board of the ACC is taken to have determined, in writing, that the ACC State investigation is a special investigation.\n15—Assembling and giving evidence obtained by the NCA\nIf—\n\t(a)\tbefore 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in section 6(1) of the NCA (State Provisions) Act; but\n\t(b)\tthe National Crime Authority had not assembled and given the evidence as mentioned in that subsection before 1 January 2003,\nsection 34(1) applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.\n16—Limitation on challenges to validity of references\nSection 8 of the NCA (State Provisions) Act continues to apply in relation to a reference made under that Act as if that section had not been repealed by this Act.\n17—Arrangements to obtain information or intelligence\nAn arrangement that was in force under section 11 of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 40.\n18—Things seized under search warrants\nIf a thing seized pursuant to a warrant under section 12 of the NCA (State Provisions) Act is in the ACC's possession, section 29(10) and (11) apply to that thing as if it had been seized pursuant to a warrant under section 29.\n19—Directions as to publication\n\t(1)\tIf a direction was in force under section 16(9) of the NCA (State Provisions) Act immediately before 1 January 2003—\n\t(a)\tthe direction has effect; and\n\t(b)\tsection 18(10), (11) and (14)(b) apply to the direction as if it were a direction under section 18(9).\n\t(2)\tSection 18(12) and (13), so far as they relate to the CEO, apply to evidence in relation to which a direction was given under section 16(9) of the NCA (State Provisions) Act as if it were evidence given before an examiner in relation to which the examiner has given a direction under section 18(9).\n20—Disclosure of summons or notice\nIf a notation made in connection with an NCA investigation was in force under section 18A of the NCA (State Provisions) Act immediately before 1 January 2003—\n\t(a)\tthe notation has effect; and\n\t(b)\tsection 22 applies to the summons or notice containing the notation; and\n\t(c)\tif there is an ACC operation/investigation relating to the matter to which the NCA investigation related, section 21(4) and (5) apply as if the notation had been made in connection with the ACC operation/investigation.\n21—Witness protection\nArrangements that were in effect under section 24 of the NCA (State Provisions) Act immediately before 1 January 2003 have effect as if they had been made under section 26.\n22—Administrative arrangements in relation to the NCA\nAn arrangement that was in force under section 28(b) of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 42.\n23—Secrecy obligations\n\t(1)\tIn this section—\nformer official means a person who was, at any time, a person to whom section 31 of the NCA (State Provisions) Act applied.\n\t(2)\tSection 44(2) and (3) extend to a former official (whether or not he or she is or has been a person to whom section 44 applies) as if—\n\t(a)\treferences in section 44 to this Act or to a corresponding Act of another State included references to the NCA (State Provisions) Act or to a corresponding Act of another State; and\n\t(b)\tthe reference in section 44(3)(b) to an investigation carried out by the ACC included a reference to an investigation carried out by the National Crime Authority before 1 January 2003.\n24—Validation of administrative actions\nThe Co-operative Schemes (Administrative Actions) Act 2001 (the validation Act) applies to administrative actions that have been taken, or have purportedly been taken, under the NCA (State Provisions) Act as if—\n\t(a)\tthe NCA (State Provisions) Act were still a relevant State Act for the purposes of the validation Act; and\n\t(b)\tfor the purposes of the validation Act, the “commencement time” in relation to the NCA (State Provisions) Act were the time when Part 6 of this Schedule comes into operation.\n25—Transitional regulations\n\t(1)\tIf there is no sufficient provision in this Part for dealing with a transitional matter, regulations may prescribe all matters that are required, necessary or convenient to be prescribed in relation to that matter.\n\t(2)\tIn subclause (1)—\ntransitional matter includes a savings or application matter.\n\t(3)\tIf regulations made under subclause (1) provide that a state of affairs specified or described in the regulations is to be taken to have existed, or not to have existed, at and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than 1 January 2003, the regulations have effect according to their terms.\n\t(4)\tRegulations that contain a provision referred to in subclause (3) cannot be made more than 12 months after the day on which Part 6 of this Schedule comes into operation.\n\t(5)\tIf regulations contain a provision referred to in subclause (3), the provision does not operate so as to—\n\t(a)\taffect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or\n\t(b)\timpose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Australian Crime Commission (South Australia) Act 2004 repealed the following:\nNational Crime Authority (State Provisions) Act 1984\nLegislation amended by principal Act\nThe Australian Crime Commission (South Australia) Act 2004 amended the following:\nJurisdiction of Courts (Cross-vesting) Act 1987\nListening and Surveillance Devices Act 1972\nTaxation (Reciprocal Powers) Act 1989\nWitness Protection Act 1996\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n7\nAustralian Crime Commission (South Australia) Act 2004\n8.4.2004\n6.5.2004 (Gazette 6.5.2004 p1227)\n2006\n44\nStatutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 4 (s 6)—18.1.2007 (Gazette 18.1.2007 p234)\n2012\n12\nStatutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 2 (ss 4—7)—17.6.2012 (Gazette 14.6.2012 p2756)\n2012\n52\nIndependent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 2)—24.11.2014 (Gazette 20.11.2014 p6477)\n2014\n13\nAustralian Crime Commission (South Australia) (Examinations) Amendment Act 2014\n23.10.2014\n24.11.2014 immediately after 52/2012 (Gazette 20.11.2014 p6477)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n18.1.2007\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n18.1.2007\ns 3\n\n\ns 3(1)\n\n\nCommonwealth body or person\namended by 44/2006 s 6\n18.1.2007\nconstable\ninserted by 12/2012 s 4(1)\n17.6.2012\nin contempt of the ACC\ninserted by 12/2012 s 4(2)\n17.6.2012\nintelligence operation\nsubstituted by 12/2012 s 4(3)\n17.6.2012\nPt 2\n\n\ns 8\n\n\ns 8(5)\namended by 12/2012 s 5\n17.6.2012\nPt 3\n\n\ns 18\n\n\ns 18(6)\namended by 52/2012 Sch 3 cl 2\n24.11.2014\n\namended by 13/2014 s 4\n24.11.2014\nss 26A—26F\ninserted by 12/2012 s 6\n17.6.2012\nPt 6\n\n\ns 39\n\n\ns 39(1)\ns 39 redesignated as s 39(1) by 12/2012 s 7\n17.6.2012\ns 39(2) and (3)\ninserted by 12/2012 s 7\n17.6.2012\nSch 1\n\n\nPts 1—6\nomitted under Legislation Revision and Publication Act 2002\n18.1.2007\nHistorical versions\n18.1.2007\n\n17.6.2012\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislation text was not accessible. The URL provided returned an error page rather than the content of the Australian Crime Commission (South Australia) Act 2004."},"complexity_factors":["No legislation text was available for analysis — the source URL returned a 404 Page Not Found error","Analysis cannot be performed on website navigation elements and error messages alone","Complexity of the underlying Act cannot be assessed without access to its provisions"],"plain_english_summary":"## What Happened Here?\n\nThe link provided does not lead to the actual text of the **Australian Crime Commission (South Australia) Act 2004** — instead, it returns a **404 Page Not Found error** from the South Australian legislation website. The content of the Act itself is not available for analysis.\n\n## What We Do Know\n\nBased on the Act's name and general public knowledge:\n\n- The **Australian Crime Commission (South Australia) Act 2004** is a South Australian law that gives the **Australian Crime Commission (ACC)** — a federal body that investigates serious and organised crime — the authority to operate and use its powers **within South Australia**.\n- Without this type of state-level legislation, the ACC's special powers (such as compulsory examinations, where people *must* answer questions even if the answers might incriminate them) could not lawfully apply in SA.\n- It primarily affects **people under ACC investigation**, **law enforcement agencies**, and **legal practitioners** working on organised crime matters in SA.\n\n## Bottom Line\n\n⚠️ **No meaningful legal analysis can be provided** because the actual legislation text was not retrievable — only a website error page was returned. To read the Act, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name, or contact OPCWeb@sa.gov.au as suggested on the error page."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces and carries forward functions previously exercised under the National Crime Authority (State Provisions) Act 1984 and integrates State operations into the Commonwealth ACC framework (see \"Legislation repealed\" and Schedule 1).  It re‑frames State‑level investigative and intelligence activity under the ACC (s 5), creates new procedural structures for Board determinations of \"special\" operations (s 8), and preserves or validates prior NCA investigations and arrangements through transitional clauses (Schedule 1, especially ss 14–19 and 21–23).  In practical terms the scope shifted from the earlier NCA State provisions to operation under the ACC Act model (Schedule 1; ss 5, 8), bringing ACC procedural rules, secrecy regimes and evidence‑handling rules into State operation."},"complexity_factors":["Cross‑jurisdictional framework: ACC is a Commonwealth entity exercising powers in State territory; provisions interact with Commonwealth ACC Act (see definition of ACC Act and ss 5, 32, 34).","Detailed gatekeeping and insulation: Board determinations make operative the coercive powers for \"special\" matters and are largely protected from judicial review (s 8; s 36).","Multiple decision‑makers with overlapping discretions: Board, Chair, CEO, examiners, issuing officers, Inter‑Governmental Committee and State Minister each have distinct powers (ss 6–8, 16, 18, 24, 28, 40–41).","Wide range of coercive powers and remedies: compulsory examinations, production notices, search warrants, passport retention and arrest or detention processes (ss 17–20, 24, 28–30).","Confidentiality and secrecy regimes with criminal penalties: multi‑layered restrictions on disclosure by witnesses and officials with differing penalty levels (ss 21–23, 44).","Complex evidence rules and limited admissibility of compelled testimony with specified exceptions (s 23(4)–(5)).","Transitional and saving provisions linking the repealed National Crime Authority State provisions into the new ACC framework (Schedule 1, ss 14–25)."],"plain_english_summary":"What this law does (mechanics)\n\n- Confers on the Australian Crime Commission (ACC) the power to investigate and gather intelligence about serious and organised crime that involves offences against South Australian law (see s 5).  The ACC can carry out both investigations (s 5(a)) and intelligence operations (s 5(b)).\n- Establishes governance and decision rules for the ACC at State level: a Board that decides when an ACC State investigation or intelligence operation is a “special” investigation/operation (s 8), procedures for Board meetings and voting (ss 9–15), and an Inter‑Governmental Committee with rights to seek information and to revoke special determinations (s 16).\n- Puts the CEO of the ACC in charge of managing, coordinating and controlling ACC operations and investigations in the State; the CEO must appoint the head of each operation/investigation after Board consent (s 6). The CEO can appoint counsel to assist (s 7) and may delegate functions to senior ACC staff (s 45).\n- Gives examiners statutory powers to compel attendance, take evidence on oath/affirmation, compel production of documents, and run private examinations for the purposes of special operations/investigations (ss 17–20).  Examiners must record reasons for summonses or notices (ss 19(2), 20(2)).  Certain directions can prohibit publication or disclosure of evidence or identifying information (s 18(9)).\n- Imposes criminal penalties for non‑compliance with summonses, notices or publication bans (see penalties in ss 18(14), 20(5), 22(1), 23(6), 25 and 47).  Some penalties reach $22,000 and/or up to 5 years’ imprisonment (for example, failing to comply with production or attendance requirements: s 20(5); false evidence s 25).\n- Authorises search warrants and seizure for things connected with special ACC operations/investigations (s 29) and provides an expedited telephone application process where urgent (s 30).  Seized items may be retained by the head of the special operation while reasonably necessary; otherwise they must be delivered to the appropriate prosecuting authority or returned to the owner (s 29(10)).\n- Regulates use and onward disclosure of evidence and intelligence: if ACC obtains admissible evidence of offences it must assemble and give it to the Attorney‑General, a law‑enforcement agency, or an authorised prosecuting authority (s 34(1)).  The CEO may share information with law enforcement or other prescribed authorities where appropriate (s 43(8)–(10)).\n- Creates secrecy and confidentiality obligations and offences for ACC officials and others connected with ACC functions (s 44) and protects examiners, counsel and witnesses with immunities comparable to court officers (s 27).  It also limits courts’ ability to challenge Board determinations about special operations (s 36).\n- Provides transitional rules that carry over investigations and arrangements from the repealed National Crime Authority (State Provisions) Act 1984 into the ACC framework (Schedule 1, especially ss 14–25).\n\nWho this affects\n\n- The ACC and its Board and staff (ss 5–8, 6, 45).  The CEO and examiners exercise operational control and legal powers (ss 6, 17–20).\n- Individuals and organisations summoned or noticed to give evidence or produce documents in relation to special ACC operations/investigations (ss 19–23).  They face duties to attend and produce and face specified criminal penalties for non‑compliance (ss 20(4)–(5), 23(6)).\n- Law enforcement and prosecuting authorities who receive assembled evidence (s 34) and State agencies or staff made available to the ACC under administrative arrangements (s 41).\n- Judges and issuing officers who authorise warrants, detention or passport orders under this Act (ss 24, 28, 29).\n- Businesses and persons engaged in kinds of conduct listed within the definition of \"serious and organised crime\" (s 3) — for example, large‑scale fraud, money laundering, tax evasion, cybercrime and similar offences — because those matters fall within the ACC’s remit if they involve State law offences (s 5).\n\nWhy it matters (stated purpose and practical testing)\n\n- The Act’s stated purpose is to enable the ACC to operate in South Australia and to investigate or collect intelligence about serious and organised criminal activity that includes State law offences (s 5).  The ACC is to assemble admissible evidence and hand it to prosecutors or law‑enforcement agencies (s 34(1)).\n\nTest of that purpose against practical mechanics, trade‑offs and costs\n\n- Decision authority and discretion.  The Board controls the key gatekeeping decision of whether an ACC State investigation or intelligence operation is a \"special\" matter (s 8).  That determination triggers the ACC’s special powers (see s 19(8) and s 29).  The Board’s procedures (quorum, voting thresholds, minutes) are set out in ss 9–15.  The Act also limits judicial review of those Board determinations except where the Attorney‑General brings proceedings (s 36).  Practical effect: a concentrated group (the Board) decides when the ACC may use coercive tools; that decision is insulated from ordinary court challenge (s 36).\n- Who pays and resource allocation.  The Act enables the State Minister to arrange for State information, intelligence or staff to be made available to the Board/ACC (ss 40–41).  Those provisions create a legal route for the State to supply personnel or material resources to ACC operations.  The Act does not in express terms set out a public funding formula; however, the flexibility to call on State staff (s 41) means participating States may bear personnel and operational costs under arrangements with the Commonwealth.\n- Compliance burden on private parties.  Persons and organisations required to attend or to produce documents face statutory obligations and significant criminal penalties on non‑compliance (s 20(4)–(5); s 23(6); s 25).  Legal practitioners have a limited privilege carve‑out (s 23(3)) and may be required to give client identifying details where privilege is relied upon.  The Act also permits seizure of property and retention while relevant to an operation (s 29(10)).  Practical effect: compelled testimony and production powers impose direct time, legal and disclosure costs on affected persons and entities.\n- Limits on use of compelled answers.  The Act restricts the admissibility of compelled answers or produced documents against a witness in criminal proceedings (s 23(4)–(5)).  This imposes a constraint on prosecutorial use of compelled evidence, but allows use in specified exceptions (e.g. confiscation proceedings and proceedings about falsity).\n- Secrecy and public information trade‑offs.  Examiners and the CEO can prohibit publication or require secrecy in summonses or notices where disclosure could prejudice safety, reputation, fair trial or operational effectiveness (s 18(9), s 21).  The Chair and CEO have discretion to withhold information from the Inter‑Governmental Committee and the public on related grounds (ss 16(3), 43(3), 43(6)).  These secrecy rules reduce public scrutiny of particular operations but are tied to specified risks (s 18(9), s 21(2)).\n- Interaction with ordinary police powers and substitution effects.  The Board must consider whether ordinary police methods would be effective before making a determination that an operation is \"special\" (s 8(2)–(3)).  That creates a formal requirement to look at whether ACC special powers should displace or supplement ordinary policing, but it vests the final decision with the Board (s 8(2)–(3)).\n- Checks, transparency and reporting.  The Act requires annual reporting that includes descriptions of special investigations and patterns of criminal activity observed (s 49).  The Chair must keep the Commonwealth Minister informed and furnish reports to the Inter‑Governmental Committee, subject to secrecy limits (s 43).  This sets up an accountability channel while preserving confidentiality where the Act directs (s 43(3), s 49(3)).\n- Implementation risk and legal limits.  The Act expressly states State laws do not preclude ACC functions (s 32) but also recognises that the Act cannot impose duties beyond the State’s legislative power (s 33(1)).  Transitional provisions carry over certain National Crime Authority matters (Schedule 1).  The combination of federal ACC powers applied in State territory, restrictions on judicial review of Board determinations (s 36), and secrecy protections (s 44) creates potential legal‑operational friction points that the Act addresses by set processes (ss 16, 34, Schedule 1).\n\nWho decides, who pays, and what behaviour changes\n\n- Who decides: the Board determines special operations/investigations (s 8); the CEO decides the head of each operation, manages operations and may appoint counsel (ss 6–7); examiners exercise coercive powers in relation to special matters (ss 17–20); issuing officers (judges or magistrates) decide on warrants and certain orders (ss 24, 28, 29).\n- Who pays: the Act enables State provision of staff and information (ss 40–41).  It does not set a detailed funding schedule; practical costs of ACC activity in the State will be met by ACC/Commonwealth resources and by any State personnel made available under arrangements (s 41).\n- Behaviour changes required: individuals and organisations summoned must comply with attendance and production orders or face criminal penalties (ss 19–23).  ACC and State agencies must coordinate and may share personnel or information (ss 37, 40–41).  The Board must document its special determinations and inform the Inter‑Governmental Committee (s 8(4)–(5)).\n\nConcrete mechanisms to watch (where benefits concentrate and costs diffuse)\n\n- Concentrated decision power: Board determinations trigger special powers and are protected from ordinary judicial challenge (s 36).  This concentrates authority in the Board (s 8) and reduces external legal review.\n- Diffuse compliance costs: individuals, businesses and organisation staff required to attend, produce documents, or face seizures bear the direct compliance and legal costs (ss 19–20, 29).  The Act gives the ACC broad capacities to collect and retain evidence subject to rules about handing evidence to prosecutors (s 34).\n- Capture and rent‑seeking risk is procedural rather than labelled: the Act gives the Board and the CEO discretion in key respects (ss 6–8, 18(10)–(11), 21(2)–(3)).  Those discretionary choices determine when the ACC exercises coercive powers and when secrecy is imposed.\n\nKey statutory citations (representative)\n\n- ACC functions: s 5\n- CEO management: s 6\n- Board determinations and process: s 8 (and ss 9–15)\n- Inter‑Governmental Committee powers: s 16\n- Examinations, summonses and production notices: ss 17–20\n- Publication and secrecy controls: ss 18(9), 21–22\n- Failure to comply / penalties: ss 18(14), 20(5), 23(6), 25, 47\n- Search warrants and seizure: ss 29–30\n- Assembly and transfer of admissible evidence: s 34\n- Secrecy obligations for officials: s 44\n- Transitional carry‑overs from NCA: Schedule 1 (ss 14–25)\n\nBottom line (neutral summary): The Act gives the ACC a statutory framework to operate inside South Australia, including defined governance, compulsory evidence‑gathering powers for \"special\" operations or investigations, search and seizure powers, secrecy protections, and formal arrangements for State participation.  The Act balances compulsory information‑gathering with limits on how compelled material may be used in criminal trials (s 23) and with reporting requirements (s 49), while concentrating certain threshold decisions in the Board and preserving confidentiality where the Act specifies (ss 8, 18, 21, 36)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as enacted in 2004. It was always intended as a 'mirror' or 'application' statute to extend the Commonwealth ACC Act into South Australian law. The amendments shown in the legislative history (2006, 2012, 2014) appear to be technical updates, corrections, and additions (such as the contempt provisions in 2012) rather than significant expansions beyond the original purpose of enabling ACC operations within SA. The transitional provisions in Schedule 1 were part of the original enactment to handle the transition from the old National Crime Authority."},"complexity_factors":["Extensive cross-referencing with the Commonwealth Australian Crime Commission Act 2002 (the 'ACC Act'), requiring readers to understand both statutes simultaneously","47 defined terms in section 3 alone, including complex nested definitions like 'serious and organised crime' which contains 20 specific offence categories plus exceptions","Multiple conditional triggers for powers — many powers only activate after a 'special determination' by the Board, which itself requires specific voting thresholds (9 members including 2 Commonwealth members)","Layered secrecy and non-disclosure provisions with automatic cancellation triggers tied to prosecution outcomes (section 21)","Contempt provisions (sections 26A-26F) create a parallel disciplinary system with Supreme Court oversight, including detention powers and bail provisions","Transitional provisions in Schedule 1 preserving and converting old National Crime Authority (NCA) investigations and arrangements","Dual jurisdiction issues — federal judicial officers perform functions in personal capacity (section 35), creating complex constitutional arrangements","Multiple safeguards and limitations: legal professional privilege (section 23), self-incrimination protections (section 23(4)-(5)), double jeopardy rules (section 39), and public interest overrides"],"plain_english_summary":"This South Australian law allows the **Australian Crime Commission (ACC)** — a national body that fights serious and organised crime — to operate within the state.\n\n**What it does:**\n- **Gives the ACC powers in SA**: The ACC can investigate serious crimes (like drug trafficking, money laundering, fraud, and cybercrime) that violate South Australian law, even if those crimes also have a federal aspect.\n- **Sets up special investigations**: The ACC Board can declare certain operations as \"special\" investigations or intelligence operations. Once declared \"special,\" ACC examiners gain extraordinary coercive powers.\n- **Grants coercive examination powers**: In special investigations, ACC examiners can summon witnesses, force them to answer questions under oath, demand documents, and jail those who refuse (contempt powers). These examinations happen in private.\n- **Provides search warrants**: The ACC can obtain warrants to search premises and seize evidence connected to special operations.\n- **Protects witnesses**: The law includes protections for witnesses who might be at risk of harm or intimidation.\n- **Ensures secrecy**: Strict secrecy provisions prevent disclosure of information about summonses, notices, and examinations, with criminal penalties for breaches.\n\n**Who it affects:**\n- People suspected of serious and organised crime in South Australia\n- Witnesses summoned to ACC examinations\n- Law enforcement agencies (federal and state) who work with the ACC\n- Legal practitioners representing witnesses\n\n**Why it matters:**\nThis law bridges federal and state crime-fighting efforts. It allows a national agency to use intrusive investigative powers (normally reserved for courts or police) within South Australia, but only for serious criminal activity involving planning, organisation, and sophistication. It balances powerful investigative tools with oversight mechanisms through the ACC Board and Inter-Governmental Committee."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-crime-commission-south-australia-act-2004","history":"/api/acts/australian-crime-commission-south-australia-act-2004/history","analysis":"/api/acts/australian-crime-commission-south-australia-act-2004/analysis","conflicts":"/api/acts/australian-crime-commission-south-australia-act-2004/conflicts","importantCases":"/api/acts/australian-crime-commission-south-australia-act-2004/important-cases","documents":"/api/acts/australian-crime-commission-south-australia-act-2004/documents"}}