{"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Act 1982","slug":"national-crimes-commission-act-1982","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"138 of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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"TABLE OF PROVISIONS","sectionType":"part","heading":"TABLE OF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":"The Act creates a statutory National Crimes Commission to investigate organised, corruption‑related and other Commonwealth/Territory offences, with powers to hold hearings, summons witnesses, obtain documents and search warrants, and share evidence with police and prosecutors. It centralises key discretion with the Attorney‑General, binds Commission staff to secrecy, imposes compulsion and penalties for non‑compliance, is federally funded, and includes a five‑year sunset unless renewed—affecting appointees, summoned persons, agencies and cooperating States."}},"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"}}