{"id":"C2004A02697","name":"National Crimes Commission Act 1982","slug":"national-crimes-commission-act-1982","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"138 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7576,"registerId":"commonwealth-C2004A02697-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"TABLE OF PROVISIONS","sectionType":"part","heading":"TABLE OF PROVISIONS","content":"![](image.001.png)\n\nNational Crimes Commission Act 1982\n\nNo. 138 of 1982\n\n# TABLE OF PROVISIONS\n\n## PART I —PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Interpretation\n\n4. Act to bind the Commonwealth\n\n5. Extension to external Territories\n\n# PART II—THE NATIONAL CRIMES COMMISSION\n\n### Division 1—Establishment, Functions and Powers\n\n6. Establishment and constitution of Commission\n\n7. Functions\n\n8. Functions under State laws\n\n9. Members may have concurrent functions and powers under State laws\n\n10. General investigations by the Commission\n\n11. Commission to work in co-operation with Police Forces, &c.\n\n12. Directions and guidelines to Commission\n\n13. Evidence obtained in course of investigation\n\n14. Search warrants\n\n15. Application by telephone for search warrants\n\n16. Order for delivery to Commission of passport of witness\n\n### Division 2—Hearings\n\n17. Hearings\n\n18. Reimbursement of expenses of witnesses\n\n19. Legal and financial assistance\n\n20. Power to summon witnesses and take evidence\n\n21. Failure of witnesses to attend and answer questions\n\n22. False or misleading evidence\n\n23. Contempt of Commission\n\n24. Protection of members, &c.  \n\n### TABLE OF PROVISIONS continued\n\nSection\n\n### Division 3—Administrative Provisions\n\n25. Terms and conditions of appointment\n\n26. Remuneration and allowances\n\n27. Appointment of Judge as member not to affect tenure, &c.\n\n28. Leave of absence\n\n29. Resignation\n\n30. Disclosure of interests\n\n31. Termination of appointment\n\n32. Acting Chairman\n\n33. Acting member\n\n34. Meetings of Commission\n\n35. Staff to be seconded to Commission\n\n36. Employment of additional staff, consultants, &c.\n\n37. Counsel assisting Commission\n\n38. Secrecy\n\n# PART III—MISCELLANEOUS\n\n39. Administrative arrangements with States\n\n40. Commission to keep Attorney-General informed of its operations\n\n41. Annual report\n\n42. Regulations\n\n43. Cessation of operation of Act","sortOrder":0},{"sectionNumber":"PART I","sectionType":"part","heading":"PRELIMINARY","content":"## PART I —PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Interpretation\n\n4. Act to bind the Commonwealth\n\n5. Extension to external Territories","sortOrder":1},{"sectionNumber":"PART II","sectionType":"part","heading":"THE NATIONAL CRIMES COMMISSION","content":"![](image.001.png)\n\nNational Crimes Commission Act 1982\n\nNo. 138 of 1982\n\n# TABLE OF PROVISIONS\n\n## PART I —PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Interpretation\n\n4. Act to bind the Commonwealth\n\n5. Extension to external Territories\n\n# PART II—THE NATIONAL CRIMES COMMISSION\n\n### Division 1—Establishment, Functions and Powers\n\n6. Establishment and constitution of Commission\n\n7. Functions\n\n8. Functions under State laws\n\n9. Members may have concurrent functions and powers under State laws\n\n10. General investigations by the Commission\n\n11. Commission to work in co-operation with Police Forces, &c.\n\n12. Directions and guidelines to Commission\n\n13. Evidence obtained in course of investigation\n\n14. Search warrants\n\n15. Application by telephone for search warrants\n\n16. Order for delivery to Commission of passport of witness\n\n### Division 2—Hearings\n\n17. Hearings\n\n18. Reimbursement of expenses of witnesses\n\n19. Legal and financial assistance\n\n20. Power to summon witnesses and take evidence\n\n21. Failure of witnesses to attend and answer questions\n\n22. False or misleading evidence\n\n23. Contempt of Commission\n\n24. Protection of members, &c.  \n\n### TABLE OF PROVISIONS continued\n\nSection\n\n### Division 3—Administrative Provisions\n\n25. Terms and conditions of appointment\n\n26. Remuneration and allowances\n\n27. Appointment of Judge as member not to affect tenure, &c.\n\n28. Leave of absence\n\n29. Resignation\n\n30. Disclosure of interests\n\n31. Termination of appointment\n\n32. Acting Chairman\n\n33. Acting member\n\n34. Meetings of Commission\n\n35. Staff to be seconded to Commission\n\n36. Employment of additional staff, consultants, &c.\n\n37. Counsel assisting Commission\n\n38. Secrecy\n\n# PART III—MISCELLANEOUS\n\n39. Administrative arrangements with States\n\n40. Commission to keep Attorney-General informed of its operations\n\n41. Annual report\n\n42. Regulations\n\n43. Cessation of operation of Act","sortOrder":2},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment, Functions and Powers","content":"### Division 1—Establishment, Functions and Powers\n\n6. Establishment and constitution of Commission\n\n7. Functions\n\n8. Functions under State laws\n\n9. Members may have concurrent functions and powers under State laws\n\n10. General investigations by the Commission\n\n11. Commission to work in co-operation with Police Forces, &c.\n\n12. Directions and guidelines to Commission\n\n13. Evidence obtained in course of investigation\n\n14. Search warrants\n\n15. Application by telephone for search warrants\n\n16. Order for delivery to Commission of passport of witness","sortOrder":3},{"sectionNumber":"Division 2","sectionType":"division","heading":"Hearings","content":"### Division 2—Hearings\n\n17. Hearings\n\n18. Reimbursement of expenses of witnesses\n\n19. Legal and financial assistance\n\n20. Power to summon witnesses and take evidence\n\n21. Failure of witnesses to attend and answer questions\n\n22. False or misleading evidence\n\n23. Contempt of Commission\n\n24. Protection of members, &c.","sortOrder":4},{"sectionNumber":"TABLE OF PROVISIONS continued","sectionType":"division","heading":"TABLE OF PROVISIONS continued","content":"### TABLE OF PROVISIONS continued\n\nSection","sortOrder":5},{"sectionNumber":"Division 3","sectionType":"division","heading":"Administrative Provisions","content":"### Division 3—Administrative Provisions\n\n25. Terms and conditions of appointment\n\n26. Remuneration and allowances\n\n27. Appointment of Judge as member not to affect tenure, &c.\n\n28. Leave of absence\n\n29. Resignation\n\n30. Disclosure of interests\n\n31. Termination of appointment\n\n32. Acting Chairman\n\n33. Acting member\n\n34. Meetings of Commission\n\n35. Staff to be seconded to Commission\n\n36. Employment of additional staff, consultants, &c.\n\n37. Counsel assisting Commission\n\n38. Secrecy","sortOrder":6},{"sectionNumber":"PART III","sectionType":"part","heading":"MISCELLANEOUS","content":"# PART III—MISCELLANEOUS\n\n39. Administrative arrangements with States\n\n40. Commission to keep Attorney-General informed of its operations\n\n41. Annual report\n\n42. Regulations\n\n43. Cessation of operation of Act","sortOrder":7}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2421},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is the original 1982 legislation establishing the National Crimes Commission. The scope remains tightly focused on creating a temporary investigative body with extraordinary coercive powers, Commonwealth-State cooperation mechanisms, and a built-in 5-year sunset clause (s 43) requiring Parliamentary review for continuation."},"complexity_factors":["43 sections with extensive cross-referencing between hearing procedures (ss 17-24) and evidence-gathering powers","Conditional removal of privilege against self-incrimination subject to Attorney-General undertakings (ss 21(4)-(8))","Dual-track jurisdiction allowing concurrent State and Commonwealth functions (ss 8-9) with procedural safeguards","Detailed warrant procedures including telephone applications and extended seizure powers (ss 14-16)","Multiple offence categories with varying penalties and trial modes (summary vs indictable in ss 21-23, 38)","Complex administrative provisions for acting appointments, disqualifications, and judicial office holders (ss 25-34)"],"plain_english_summary":"**What this law does**\n\nThis Act creates the **National Crimes Commission (NCC)**, a powerful federal investigative body with coercive powers to tackle serious criminal activity affecting the Commonwealth.\n\n**Main functions**\n*   **Investigate** serious crimes on its own initiative or at the request of the Attorney-General, with a focus on:\n    *   **Organized crime** (offences involving multiple offenders, planning, and coordination)\n    *   **Corruption** involving Commonwealth or Territory public officers\n    *   **Sophisticated crimes** using complex methods or techniques\n    *   Any activity blocking enforcement of Commonwealth law\n*   **Gather evidence** for prosecution** and hand it to the Australian Federal Police or the Attorney-General\n*   **Advise** on whether proposed laws might affect crime rates\n*   **Coordinate** with international counterparts\n*   **Investigate State offences** if a State government specifically confers those powers on the Commission\n\n**Key powers**\n*   **Compulsory hearings**: Can summon witnesses, force them to answer questions under oath, and demand documents. Unlike normal court cases, the **right to remain silent** (privilege against self-incrimination) is removed unless the witness gets a written undertaking from the Attorney-General that their answers won't be used against them.\n*   **Search warrants**: Can obtain warrants to enter premises, vehicles, aircraft, or vessels to seize evidence. In urgent cases, warrants can be applied for by telephone.\n*   **Passport seizure**: Can apply to the Federal Court to order a witness to hand over their passport to prevent them leaving Australia (up to 3 months).\n*   **Public or private hearings**: Can hold hearings in secret to protect witnesses, ensure fair trials, or prevent prejudice to safety or reputations.\n\n**Important rules**\n*   **Secrecy**: It is a criminal offence (up to 1 year imprisonment) for Commission members, staff, or lawyers to disclose information obtained during investigations.\n*   **State cooperation**: The Commission must work with State police, and State judicial officers can be appointed as members.\n*   **Sunset clause**: The Act automatically expires after 5 years unless Parliament acts to extend or replace it.\n\n**Who it affects**\nAnyone involved in serious federal crime, Commonwealth public servants accused of corruption, witnesses compelled to give evidence, and legal practitioners representing them."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text is the Act as drafted and establishes the Commission's purpose, powers, institutional design and sunset. The document itself contains no material indicating that the statutory scope has been altered from an earlier or original version; therefore, on the basis of the supplied text alone, no change in scope from an earlier intent can be identified. The Act explicitly limits some actions (e.g. Attorney‑General cannot direct conduct of particular investigation: s.12(1)) and includes a five‑year cessation (s.43), both of which define the statute's intended scope as contained in the text."},"complexity_factors":["Cross‑jurisdictional interaction with State laws and need for State arrangements (ss.8,9,39)","Wide investigatory powers (compulsory summonses, search warrants, seizure, passport orders) with judicial involvement (ss.14–16,20–21)","Broad Ministerial discretion vested in the Attorney‑General over priorities, assistance and approvals (ss.10,12,19,36,26)","Detailed procedural safeguards and restrictions (hearings, publication limits, privilege carve‑outs) combined with criminal penalties (ss.17,21–23,22,38)","Administrative and employment complexity (secondments, contracted staff and consultants, pay determinations) (ss.35–36,26)","Protections and immunities for members and staff creating litigation and accountability implications (s.24)","Sunset clause limiting institutional continuity and introducing planning uncertainty (s.43)"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- What it creates and changes mechanically\n  - Establishes the National Crimes Commission (\"the Commission\") as a statutory body made up of a Chairman and between one and four other members, appointed by the Governor‑General (s.6).\n  - Gives the Commission powers to investigate alleged or suspected offences against Commonwealth, Territory and (where a State law so provides) State law, including bribery or corruption of Commonwealth or Territory officers and activity that impedes enforcement of Commonwealth or Territory laws (s.7, s.8).\n  - Provides investigatory tools: the Commission can hold hearings (s.17), summon witnesses and require production of documents (s.20), apply for search warrants (s.14–15), and seek court orders to require delivery and temporary retention of a witness's passport (s.16).\n  - Requires the Commission to work with federal and state police and other enforcement authorities as far as practicable (s.11), and allows the Commission to pass evidence to police, Attorneys‑General or other enforcement authorities (s.13).\n  - Gives the Attorney‑General a range of supervisory and discretionary powers: to request general investigations (s.10), give directions or publish guidelines on priorities (s.12), grant legal or financial assistance to witnesses (s.19), determine member remuneration (s.26) and approve employment/engagement of staff or consultants (s.36).\n  - Imposes secrecy obligations on members, staff and those assisting the Commission (s.38) and allows the Commission to restrict publication of evidence and identities in its hearings (s.17(12)).\n  - Requires annual reporting to the Attorney‑General and participating State Ministers about operations and trends (s.41) and permits administrative arrangements with States, including reimbursement for State personnel made available to the Commission (s.39).\n  - Contains a sunset: the Act ceases to operate five years after commencement unless repealed earlier (s.43).\n\n- Who is directly affected\n  - Commission members, staff and counsel (appointment, pay and duties: ss.6,25–37).\n  - Witnesses and persons summoned to hearings (compulsion to attend/produce, penalties for non‑compliance: ss.20–21; penalties for false evidence: s.22; contempt: s.23).\n  - Individuals and organisations under investigation (search warrants, seizure of relevant items, publication restrictions: ss.14,17,38).\n  - The Attorney‑General and State Ministers (who may request investigations, receive reports, give approvals and provide undertakings: ss.10,12,19,39,41).\n  - Australian Federal Police, State police forces and other enforcement agencies that will receive evidence and cooperate with the Commission (ss.11,13,35).\n  - Courts that issue warrants and handle enforcement or passport orders (ss.14,15,16,21).\n\n- Why it matters (stated purpose and the practical trade‑offs)\n  - Stated purpose: the Act gives the Commission powers to investigate organised, sophisticated or corruption‑related criminal activity and to assemble evidence and advise on law and administrative measures (s.7(1)–(2)).\n  - Who pays: the Commonwealth funds Commission activities and witness expenses (s.18), pays remuneration (s.26) and may reimburse States under administrative arrangements (s.39(2)). These are direct fiscal costs borne by the federal budget and, where reimbursements occur, by State‑Commonwealth cost sharing (ss.18,26,39(2)).\n  - Who decides and where discretion sits: the Governor‑General appoints members (s.6); the Attorney‑General has multiple supervisory discretions (giving directions on priorities, granting witness assistance, approving staff/consultants, setting remuneration) (ss.12,19,36,26). That centralises several key operational levers in Ministerial hands.\n  - Compliance burden and legal compulsion: the Commission can compel attendance and production of documents and impose penalties for non‑attendance, refusal or false evidence (ss.20–22). That produces a compliance obligation for summoned persons and for entities required to produce material.\n  - Limits on private choice and commercial effects: search and seizure powers (s.14) and production requirements (s.20) may require businesses or individuals to relinquish documents or materials temporarily; publication and secrecy rules (ss.17(12),38) limit what staff or third parties may disclose. Legal privilege is preserved in part for practitioners (s.21(3)), but the practitioner may be required to name the client in some circumstances.\n  - Trade‑offs and opportunity costs: implementing the Commission draws staff, police time and budgetary resources to Commission functions (ss.35–36) rather than other inquiries or operational priorities; the Act’s five‑year sunset (s.43) constrains long‑term planning and institutional continuity unless the law is renewed.\n  - Risk of concentrated benefits vs diffuse costs: appointment, remuneration and consultancy arrangements (ss.25–26,36) concentrate financial and professional benefits on appointees and contractors; costs (compliance, potential temporary loss of documents, administrative burden) are spread across many potential witnesses, businesses and the public (ss.18,20–21,14,38).\n  - Implementation and co‑operation risks: the Commission must, \"so far as practicable,\" cooperate with federal and State police (s.11), and some directions affecting State‑conferred functions require State Minister agreement (s.12(3)). Effective operation therefore depends on intergovernmental cooperation and on States conferring or coordinating powers (ss.8,9,11,12(3),39).\n  - Impacts on speech and disclosure: the Act empowers the Commission to restrict publication of evidence and identities for fairness and safety reasons (s.17(5)–(12)), and imposes criminal penalties for unauthorised disclosure by those working with the Commission (s.38). These provisions limit public disclosure of investigative material and information acquired by Commission staff.\n\n- Concrete behavioural effects the Act creates\n  - People and organisations summoned must attend and produce documents or risk criminal penalties and court enforcement (ss.20–21).\n  - Judges and police are the gateways for intrusive powers: courts issue warrants and passport orders (ss.14–16), and police execute search warrants (s.14(3)).\n  - The Attorney‑General controls prioritisation, assistance and key approvals, shaping which investigations proceed and how resources are allocated (ss.10,12,19,36).\n  - Commission staff and advisers are legally bound to secrecy and are immune from certain civil suits for acts done in good faith in performing Commission functions (ss.24,38).\n\n- Implementation risks and practical notes\n  - Cross‑jurisdictional dependency: many powers and the Commission’s ability to work on State law matters rely on State cooperation or State laws conferring functions (ss.8,9,39). Lack of State agreements could limit the Commission’s practical scope.\n  - Administrative discretion concentrated in Ministerial and judicial gates: Ministerial directions and approvals (s.12,19,36) and judicial issuance of warrants/passport orders (ss.14–16) mean outcomes depend on executive and judicial choices.\n  - Time horizon: the statutory 5‑year automatic cessation (s.43) creates a built‑in limit on the institution’s lifetime unless Parliament acts to extend or replace the Act.\n\nReferences: section references in parentheses refer to the provisions of the Act quoted above (for example, s.7 refers to section 7)."}},"importantCases":[],"_links":{"self":"/api/acts/national-crimes-commission-act-1982","history":"/api/acts/national-crimes-commission-act-1982/history","analysis":"/api/acts/national-crimes-commission-act-1982/analysis","conflicts":"/api/acts/national-crimes-commission-act-1982/conflicts","importantCases":"/api/acts/national-crimes-commission-act-1982/important-cases","documents":"/api/acts/national-crimes-commission-act-1982/documents"}}