Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Australian Crime Commission (ACT)
Act 2003
A2003-58
Republication No 6
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Australian Crime Commission (ACT) Act 2003 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Australian Crime Commission (ACT)
Act 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Terms used in ACC Act 3
7 Incidental offences may be taken to be serious and organised crime 3
Part 2 The ACC, the board and inter-governmental
committee
Division 2.1 Australian Crime Commission
8 Functions of ACC 4
9 CEO to manage ACC operations/investigations 4
Contents
Page
contents 2 Australian Crime Commission (ACT) Act 2003
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10 Counsel assisting ACC 5
Division 2.2 Board of ACC
11 Functions of board 5
12 Board meetings 7
13 Presiding at board meetings 7
14 Quorum at board meetings 7
15 Voting at board meetings 7
16 Conduct of board meetings 8
17 Resolutions outside of board meetings 8
18 Board committees 8
Division 2.3 Inter-governmental committee
19 Functions of committee 9
Part 3 Examinations
20 Examinations 12
21 Conduct of examination 12
22 Power to summon witnesses and take evidence 16
23 Power to obtain documents 17
24 Disclosure of summons or notice may be prohibited 18
25 Offences of disclosure 20
26 Failure of witnesses to attend and answer questions 24
27 Warrant for arrest of witness 27
28 False or misleading evidence 28
29 Protection of witnesses from harm or intimidation 29
30 Legal protection of examiners, counsel and witnesses 29
31 Order for giving passport of witness to examiner 30
Part 4 Search warrants
32 Search warrants 32
33 Application by telephone for search warrants 35
Part 5 Exercising functions
34 Consent of board may be needed before functions can be exercised 37
35 Functions not affected by Territory laws 37
36 Extent to which functions are given 37
Contents
Page
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37 Exercising functions 37
38 Functions of federal judicial officers 39
39 Limitation on challenge to board determination 39
40 Cooperation with law enforcement agencies and coordination with
overseas authorities 40
41 Incidental powers of ACC 40
Part 6 General
42 Arrangements for board to obtain information or intelligence 41
43 Administrative arrangements with Commonwealth 41
44 Judges to exercise functions under ACC Act 41
45 Giving reports and information 41
46 Secrecy 44
47 Delegation by CEO 46
48 Liability for damages 46
49 Obstructing, hindering or disrupting ACC or an examiner 46
50 Public meetings and bulletins 46
51 Annual report 47
52 Things done for multiple purposes 48
53 Regulation-making power 48
Dictionary 49
Endnotes
1 About the endnotes 54
2 Abbreviation key 54
3 Legislation history 55
4 Amendment history 55
5 Earlier republications 58
6 Expired transitional or validating provisions 58
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Australian Capital Territory
Australian Crime Commission (ACT)
Act 2003
An Act to make provision for the operation of the Australian Crime Commission
in the ACT, to repeal the National Crime Authority (Territory Provisions) Act
1991, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Australian Crime Commission (ACT) Act 2003.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Note 3 Crimes Act
The Crimes Act 1900, s 375 and s 375AA provide for the summary
disposal of certain cases.
Preliminary Part 1
Section 6
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6 Terms used in ACC Act
If 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.
Note A definition applies except so far as the contrary intention appears (see
Legislation Act, s 155).
7 Incidental offences may be taken to be serious and
organised crime
If 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 this Act, to be a serious and organised
crime.
Part 2 The ACC, the board and inter-governmental committee
Division 2.1 Australian Crime Commission
Section 8
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Part 2 The ACC, the board and inter-
governmental committee
Division 2.1 Australian Crime Commission
8 Functions of ACC
The ACC has the following functions:
(a) to investigate a matter relating to a relevant criminal activity, so
far as the serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences against
an ACT law (irrespective of whether that offence or those
offences have a federal aspect);
(b) to undertake an intelligence operation so far as the serious and
organised crime is, or the serious and organised crimes are or
include, an offence or offences against an ACT law (irrespective
of whether that offence or those offences have a federal aspect);
(c) to provide a report to the board on the outcome of such an
investigation or operation;
(d) any other functions given to the ACC by this Act or any other
Act.
9 CEO to manage ACC operations/investigations
(1) The CEO is to manage, coordinate and control ACC
operations/investigations.
(2) As soon as practicable after the board consents under the ACC Act,
section 55A (3) (Operation of State laws) to the ACC undertaking an
intelligence operation under section 8 (b) or conducting an
investigation under section 8 (a), the CEO must determine, in writing,
the head of the operation or investigation.
Note Under the ACC Act, State includes the ACT (see s 4 (1), def State)
The ACC, the board and inter-governmental committee Part 2
Board of ACC Division 2.2
Section 10
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(3) Before 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 considers appropriate, in relation to the
determination.
(4) Subject to such consultation with the examiners as is appropriate and
practicable, the CEO may make arrangements about the examiner
who may exercise the CEO’s powers under this Act in relation to a
special ACC operation/investigation.
10 Counsel assisting ACC
The 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.
Division 2.2 Board of ACC
11 Functions of board
(1) The board has the following functions:
(a) to determine, in writing, whether an ACC Territory intelligence
operation is a special operation or whether an ACC Territory
investigation is a special investigation;
(b) to determine, in writing, the class or classes of people to
participate in an ACC Territory intelligence operation or ACC
Territory investigation;
(c) to establish task forces;
(d) any other functions given to the board by other provisions of this
Act.
(2) The board may determine, in writing, that an ACC Territory
intelligence operation is a special operation.
Part 2 The ACC, the board and inter-governmental committee
Division 2.2 Board of ACC
Section 11
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(3) Before making a determination under subsection (2), the board 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.
(4) The board may determine, in writing, that an ACC Territory
investigation is a special investigation.
(5) Before making a determination under subsection (4), the board must
consider whether ordinary police methods of investigation into the
matters are likely to be effective.
(6) A determination under subsection (2) or (4) must—
(a) describe the general nature of the circumstances or allegations
constituting the relevant criminal activity to which the operation
or investigation relates; and
(b) state that the serious and organised crime is, or the serious and
organised crimes are or include, an offence or offences against
an ACT law but need not state the particular offence or offences;
and
(c) set out the purpose of the operation or investigation.
(7) The chair of the board must, within the period of 3 days beginning on
the day a determination under subsection (2) or (4) is made, give a
copy of the determination to the inter-governmental committee.
(8) A determination under subsection (2) or (4) has effect immediately
after it is made.
(9) Sections 12 to 18 have effect in relation to the Board’s functions
under this Act.
The ACC, the board and inter-governmental committee Part 2
Board of ACC Division 2.2
Section 12
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12 Board meetings
(1) The chair of the board may call a meeting of the board.
(2) If the chair calls a meeting of the board, they must ensure the
meeting is scheduled to meet the requirements set out in the ACC Act,
section 7D (Board meetings).
13 Presiding at board meetings
A meeting of the board must be presided over by—
(a) if the chair of the board is present—the chair; or
(b) otherwise—another eligible Commonwealth board member
who is present and who is nominated, in writing, by the chair to
preside.
14 Quorum at board meetings
At a meeting of the board a quorum is constituted by 7 board members
(not including the CEO).
15 Voting at board meetings
(1) Subject to this section, a question arising at a meeting of the board is
to be decided by a majority of the votes of board members present.
(2) The person presiding at a meeting has—
(a) a deliberative vote; and
(b) if necessary, also a casting vote.
(3) The CEO is not entitled to vote on any question arising at a meeting
of the board.
(4) The board cannot determine that an ACC Territory intelligence
operation is a special operation, or that an ACC Territory
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.
Part 2 The ACC, the board and inter-governmental committee
Division 2.2 Board of ACC
Section 16
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16 Conduct of board meetings
(1) The board may regulate proceedings at its meetings as it considers
appropriate.
(2) The board must ensure that minutes of its meetings are kept.
17 Resolutions outside of board meetings
(1) This section applies to a resolution—
(a) that, without being considered at a meeting of the board, is
referred to all members of the board; and
(b) of which—
(i) if subparagraph (ii) does not apply—a majority of those
members (other than the CEO); or
(ii) if the resolution is that the board determine that an ACC
Territory intelligence operation is a special operation, or
that an ACC Territory investigation is a special
investigation—at least 9 board members (other than the
CEO but including at least 2 eligible Commonwealth board
members);
indicate by telephone or other mode of communication to the
chair of the board that they are in favour.
(2) The resolution is as valid and effectual as if it had been passed at a
meeting of the board duly called and held.
18 Board committees
(1) The board may, with the unanimous agreement of all the members of
the board (other than the CEO), establish a committee or committees
to assist in carrying out the functions of the board.
(2) The board may dissolve a committee at any time.
The ACC, the board and inter-governmental committee Part 2
Inter-governmental committee Division 2.3
Section 19
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(3) The functions of a committee are as determined by the unanimous
agreement of all the members of the board (other than the CEO).
(4) However, the board cannot determine that a committee has the
function of determining whether an ACC Territory intelligence
operation is a special operation or whether an ACC Territory
investigation is a special investigation.
(5) In exercising its functions, a committee must comply with any
directions given to the committee by the board.
(6) A question arising at a meeting of a committee is to be decided by a
majority of the votes of committee members present.
(7) However, the CEO is not entitled to vote on any question arising at a
meeting of a committee of which the CEO is a member.
(8) A committee must inform the other members of the board of its
decisions.
(9) A committee may regulate proceedings at its meetings as it considers
appropriate.
(10) A committee must ensure that minutes of its meetings are kept.
Division 2.3 Inter-governmental committee
19 Functions of committee
(1) Within the period of 30 days beginning on the day the committee is
given a copy of a determination (a special determination) under
section 11 (2) or (4) (Functions of board), 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.
(2) Subject to subsection (3), the chair of the board must comply with the
request.
Part 2 The ACC, the board and inter-governmental committee
Division 2.3 Inter-governmental committee
Section 19
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(3) If the chair of the board considers that disclosure of information to
the public could prejudice the safety or reputation of people or the
operations of law enforcement agencies, the chair must not give the
committee the information.
(4) If 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 Territory Minister.
(5) If the committee refers the request to the Territory Minister, the
Territory Minister—
(a) must determine in writing whether disclosure of the information
could prejudice the safety or reputation of people or the
operations of law enforcement agencies; and
(b) must give copies of the determination to the chair of the board
and the committee; and
(c) must not disclose the Minister’s reasons for determining the
question of whether the information could prejudice the safety
or reputation of people or the operations of law enforcement
agencies in the way stated in the determination.
(6) Within 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.
(7) The committee must notify the chair of the board and the CEO of the
revocation.
(8) A revocation takes effect when the CEO is notified.
(9) To remove any doubt, the revoking of the determination does not
affect the validity of anything done in relation to the ACC
operation/investigation concerned before the CEO is so notified.
The ACC, the board and inter-governmental committee Part 2
Inter-governmental committee Division 2.3
Section 19
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(10) The committee does not have a duty to consider whether to exercise
the power under subsection (1) or (6) in relation to any special
determination, whether the committee is requested to do so by
anyone, or in any other circumstances.
Part 3 Examinations
Section 20
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Part 3 Examinations
20 Examinations
An examiner may conduct an examination for the purposes of a
special ACC operation/investigation.
21 Conduct of examination
(1) An examiner may regulate the conduct of proceedings at an
examination as the examiner considers appropriate.
(2) At an examination before an examiner—
(a) a person giving evidence may be represented by a legal
practitioner; and
(b) if, because 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.
(3) An examination before an examiner must be held in private and the
examiner may give directions about the people who may be present
during the examination or a part of the examination.
(4) Nothing 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—
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with subsection (2), a
person who, because of a direction given by the examiner under
subsection (3), is entitled to be present.
Examinations Part 3
Section 21
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(5) If 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 because of a direction given by the examiner under
subsection (3) or because of subsection (4).
(6) A person commits an offence if the person is present at an
examination knowing that they are not entitled to be present.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(7) At an examination before an examiner—
(a) counsel assisting the examiner generally or in relation to the
matter to which the ACC operation/investigation relates; or
(b) someone authorised by the examiner to appear before the
examiner at the examination; or
(c) any legal practitioner representing a person at the examination
in accordance with subsection (2);
may, so far as the examiner considers appropriate, examine or cross-
examine any witness on any matter that the examiner considers
relevant to the ACC operation/investigation.
(8) If a person (other than a member of the staff of the ACC) is present
at an examination before an examiner while someone else (the
witness) is giving evidence at the examination, the examiner must—
(a) tell the witness that the person is present; and
(b) give the witness an opportunity to comment on the presence of
the person.
Part 3 Examinations
Section 21
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(9) To remove any 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—
(a) the examiner fails to comply with subsection (8); or
(b) a witness comments adversely on the presence of the person
under subsection (8) (b).
(10) An examiner may direct that—
(a) any evidence given before the examiner; or
(b) the contents of any document, or a description of anything,
produced to the examiner; or
(c) any information that might enable a person who has given
evidence before the examiner to be identified; or
(d) the fact that any person has given or may be about to give
evidence at an examination;
must not be published, or must not be published except in a way, and
to people, that the examiner specifies.
(11) The examiner must give the 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.
(12) Subject to subsection (13), the CEO may, in writing, vary or revoke
a direction under subsection (10).
(13) The 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.
(14) If—
(a) a person has been charged with an offence before a federal court
or before an ACT court; and
Examinations Part 3
Section 21
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(b) the court considers that it may be desirable in the interests of
justice that particular evidence given before an examiner, in
relation to which the examiner has given a direction under
subsection (10) be made available to the person or to a legal
practitioner representing the person;
the court may give the examiner or 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.
(15) If—
(a) the examiner or CEO makes evidence available to a court in
accordance with subsection (14); and
(b) the court, after examining the evidence, is satisfied that the
interests of justice so require;
the court may make the evidence available to the person charged with
the offence concerned or to a legal practitioner representing the
person.
(16) A person commits an offence if—
(a) an examiner makes a direction under subsection (10); and
(b) the person publishes something that contravenes the direction;
and
(c) the person makes the publication reckless about whether the
publication contravenes the direction.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(17) At the conclusion of an examination held by an examiner, the
examiner must give the head of the special ACC
operation/investigation—
(a) a record of the proceedings of the examination; and
Part 3 Examinations
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(b) any documents or other things given to the examiner at, or in
relation to, the examination.
(18) In this section:
publish includes state and otherwise communicate.
22 Power to summon witnesses and take evidence
(1) An examiner may summon a person to appear before the examiner at
an examination to give evidence and to produce the documents or
other things (if any) referred to in the summons.
(2) Before issuing a summons under subsection (1), the examiner must
be satisfied that it is reasonable in all the circumstances to do so.
(3) The examiner must also record in writing the reasons for the issue of
the summons.
(4) A 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 ACC Territory intelligence
operation is a special operation or that the ACC Territory
investigation is a special investigation.
(5) A 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.
(6) The examiner who is holding an examination may require a person
appearing at the examination to produce a document or other thing.
Examinations Part 3
Section 23
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(7) An examiner may, at an examination, take evidence on oath or
affirmation and for that purpose—
(a) the 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
(b) the 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.
(8) In this section a reference to a person who is an authorised person, in
relation to the ACC means a person authorised in writing, or a person
included in a class of persons authorised in writing, for this section
by the CEO.
(9) The powers given by this section are only exercisable except for the
purposes of a special ACC operation/investigation.
23 Power to obtain documents
(1) An examiner may, by written notice served on a person, require the
person—
(a) to attend, at a stated time and place, before a stated person, who
is the examiner or a member of the staff of the ACC; and
(b) to produce at that time and place to the stated person a stated
document or thing, being a document or thing that is relevant to
a special ACC operation/investigation.
(2) Before issuing a notice under subsection (1), the examiner must be
satisfied that it is reasonable in all the circumstances to do so.
(3) The examiner must also record in writing the reasons for the issue of
the notice.
Part 3 Examinations
Section 24
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(4) A 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.
(5) A person commits an offence if the person—
(a) is served with a notice under subsection (1); and
(b) intentionally—
(i) fails to attend the examination at the stated time or place;
or
(ii) fails to produce a stated document or thing
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(6) Section 26 (4) to (9) (Failure of witnesses to attend and answer
questions) apply in relation to a person who is required to produce a
document or thing by a notice served on the person under this section
in the same way they apply in relation to a person who is required to
produce a document or thing at an examination before an examiner.
24 Disclosure of summons or notice may be prohibited
(1) The examiner issuing a summons under section 22 (Power to summon
witnesses and take evidence) or a notice under section 23 (Power to
obtain documents) 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) stated in the
notation.
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Section 24
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(2) A notation must not be included in the summons or notice except as
follows:
(a) the examiner must include the notation if satisfied that failure to
do so would reasonably be expected to prejudice—
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been or may be charged
with an offence; or
(iii) the effectiveness of an operation or investigation;
(b) the examiner may include the notation if satisfied that failure to
do so might prejudice—
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been or may be charged
with an offence; or
(iii) the effectiveness of an operation or investigation;
(c) the examiner may include the notation if satisfied that failure to
do so might otherwise be contrary to the public interest.
(3) If a notation is included in the summons or notice, it must be
accompanied by a written statement setting out the rights and
obligations given or imposed by section 25 (Offences of disclosure)
on the person who was served with, or otherwise given, the summons
or notice.
(4) If, after the ACC has concluded the operation or investigation
concerned—
(a) no evidence of an offence has been obtained as described in
section 37 (1) (Exercising functions); or
(b) evidence of an offence or offences has been assembled and
given as required by section 37 (1) and the CEO has been
advised that no-one will be prosecuted; or
Part 3 Examinations
Section 25
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(c) evidence of an offence or offences committed by only 1 person
has been assembled and given as required by section 37 (1) and
criminal proceedings have begun against that person; or
(d) evidence of an offence or offences committed by 2 or more
persons has been assembled and given as required by section 37
(1) and—
(i) criminal proceedings have begun against all those people;
or
(ii) criminal proceedings have begun against 1 or more of those
people and the CEO has been advised that no other of those
people will be prosecuted;
all the notations that were included under this section in any
summonses or notices relating to the operation or investigation are
cancelled by this subsection.
(5) If 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.
(6) In this section:
official matter—see section 25.
25 Offences of disclosure
(1) A person commits an offence if—
(a) the person is served with, or otherwise given, a summons or
notice containing a notation made under section 24; and
(b) the person states, communicates or otherwise publishes
something that discloses—
(i) the existence of the summons or notice or any information
about it; or
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Section 25
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(ii) the existence of, or any information about, any official
matter connected with the summons or notice; and
(c) the person makes the statement, publication or other
communication reckless about whether it will make a disclosure
of a kind mentioned in paragraph (b).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Subsection (1) does not apply to a statement, publication or other
communication made—
(a) in accordance with the circumstances (if any) stated in the
notation; or
(b) to a legal practitioner for the purpose of obtaining legal advice
or representation relating to the summons, notice or matter; or
(c) if the person is a corporation—to an officer or agent of the
corporation for the purpose of ensuring compliance with the
summons or notice; or
(d) if the person is a legal practitioner—for the purpose of obtaining
the agreement of another person under section 26 (4) to the legal
practitioner answering a question or producing a document at an
examination before an examiner.
(3) A person commits an offence if—
(a) a statement, publication or other communication is made to the
person as allowed by subsection (2) or (4); and
(b) while the person is a person to whom a statement,
communication or publication is allowed to be made, the person
makes a statement, publication or other communication (the
later communication) that discloses—
(i) the existence of, or any information about, the summons or
notice; or
Part 3 Examinations
Section 25
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(ii) the existence of or, any information about, any official
matter connected with the summons or notice; and
(c) the person is reckless about whether the later communication
will make a disclosure of a kind mentioned in paragraph (b).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(4) Subsection (3) does not apply—
(a) if the person is an officer or agent of a corporation mentioned in
subsection (2) (c)—to a statement, publication or other
communication to—
(i) another officer or agent of the corporation for the purpose
of ensuring compliance with the summons or notice; or
(ii) a legal practitioner for the purpose of obtaining legal
advice or representation relating to the summons, notice or
matter; or
(b) if the person is a legal practitioner—to a statement, publication
or other communication for the purpose of giving legal advice,
or making representations, relating to the summons, notice or
matter.
(5) A person commits an offence if—
(a) a statement, publication or other communication is made to the
person as allowed by subsection (2) or (4); and
(b) after the person ceases to be a person to whom a statement,
publication or other communication is allowed to be made, the
person—
(i) makes a record of the summons or notice or any
information about it; or
Examinations Part 3
Section 25
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(ii) discloses (the later disclosure)—
(A) the existence of the summons or notice or any
information about it; or
(B) the existence of, or any information about, any
official matter connected with the summons or notice;
and
(c) in the case of a disclosure mentioned in paragraph (b) (ii)—the
person is reckless about whether the later disclosure is a
disclosure of a kind mentioned in that subparagraph.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(6) This section ceases to apply to a summons or notice after—
(a) the notation contained in the summons or notice is cancelled by
section 24 (4) (Disclosure of summons or notice may be
prohibited); or
(b) 5 years elapse after the day of issue of the summons or notice;
whichever is sooner.
(7) A reference in this section to disclosing something’s existence
includes disclosing information from which a person could
reasonably be expected to infer its existence.
(8) In this section:
official matter means any of the following (whether past, present or
contingent):
(a) the determination referred to in section 22 (4) (Power to
summon witnesses and take evidence);
(b) an ACC operation/investigation;
(c) an examination held by an examiner;
(d) court proceedings.
Part 3 Examinations
Section 26
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26 Failure of witnesses to attend and answer questions
(1) A person commits an offence if—
(a) the person is served, as prescribed under the regulations, with a
summons to appear as a witness at an examination before an
examiner; and
(b) the person intentionally—
(i) fails to attend as required by the summons; or
(ii) fails to attend from day-to-day.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(2) Subsection (1) (b) (ii) does not apply if the examiner has excused or
released the person from attending on a day or part of a day.
(3) A person commits an offence if—
(a) the person appears as a witness at an examination before an
examiner; and
(b) the examiner requires the person—
(i) to either take an oath or make an affirmation in accordance
with section 22 (Power to summon witnesses and take
evidence); or
(ii) to answer a question that the examiner is entitled to require
the person to answer under this Act; or
(iii) to produce a document or thing that the person is required
to produce by a summons under this Act served on the
person as prescribed under the regulations; and
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Section 26
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(c) the person intentionally fails—
(i) to either take the oath or make the affirmation; or
(ii) to answer the question; or
(iii) to produce the document or thing
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(4) Subsection (3) does not apply if—
(a) a legal practitioner refuses to comply with a requirement to
answer a question or produce a document or thing at an
examination before an examiner; and
(b) the answer to the question would disclose, or the document
contains, a privileged communication made by or to the legal
practitioner in their capacity as a legal practitioner; and
(c) the person to whom or by whom the communication was made
has not agreed to the legal practitioner complying with the
requirement.
(5) If, under subsection (4), a legal practitioner refuses to comply with a
requirement, the legal practitioner commits an offence if—
(a) the examiner requires the legal practitioner to tell the examiner
the name and address of the person to or by whom the
communication was made; and
(b) the legal practitioner intentionally fails to tell the examiner the
name and address.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(6) Subsection (8) 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.
Part 3 Examinations
Section 26
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(7) Subsection (8) applies only if—
(a) a person appearing as a witness at an examination before an
examiner—
(i) answers a question that the person is required to answer by
the examiner; or
(ii) produces a document or thing that the person was required
to produce by a summons under this Act served on the
person as prescribed; and
(b) for 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 relation to the
person’s employment and does not set out any other
information; and
(c) before 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.
(8) The answer, or the document or thing, is not admissible in evidence
against the person in—
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a penalty;
other than—
(c) confiscation proceedings; or
(d) a proceeding in relation to—
(i) for an answer—the falsity of the answer; or
(ii) for the production of a document—the falsity of any
statement contained in the document.
Examinations Part 3
Section 27
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(9) Subsection (4) does not affect the law relating to legal professional
privilege.
27 Warrant for arrest of witness
(1) If, on application by an examiner, a judge of the Federal Court or the
Supreme Court sitting in chambers is satisfied by evidence on oath
that there are reasonable grounds to believe—
(a) that a person who has been ordered, under section 31 (Order for
giving passport of witness to examiner), to give the person’s
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
(b) that a person in relation to whom a summons has been issued
under section 22 (1) (Power to summon witnesses and take
evidence)—
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt,
to evade service of the summons; or
(c) that a person has committed an offence against section 26 (1)
(Failure of witnesses to attend and answer questions) or is likely
to do so;
the judge may issue a warrant for the apprehension of the person.
(2) The warrant may be executed by anyone 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.
(3) The warrant may be executed even if the warrant is not at the time in
the possession of the person executing it.
(4) A person executing the warrant may only use such reasonable force
as is necessary for the execution.
Part 3 Examinations
Section 28
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(5) If a person is apprehended under the warrant, the person must be
brought, as soon as practicable, before a judge of the Federal Court
or the Supreme Court and the judge may—
(a) admit the person to bail, with such security as the judge
considers appropriate, on such conditions as the judge considers
necessary to ensure the appearance of the person as a witness
before the examiner; or
(b) order the continued detention of the person for the purposes of
ensuring the person’s appearance as a witness; or
(c) order the release of the person.
(6) If a person is under detention under this section, the person must,
within 14 days after the day the person was brought, or last brought,
before a judge of the Federal Court or the Supreme Court in
accordance with this section, or within the shorter or longer time that
a judge has fixed on 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 (5).
(7) In this section:
Australia includes the external Territories.
28 False or misleading evidence
(1) A person commits an offence if—
(a) the person is at an examination before an examiner; and
(b) the person gives evidence to the examiner; and
(c) the person does so knowing that the evidence is false or
misleading.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
Examinations Part 3
Section 29
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(2) Subsection (1) (c) does not apply if the information is not false or
misleading in a material particular.
29 Protection of witnesses from harm or intimidation
If it appears to an examiner that, because a person—
(a) is to appear, is appearing or has appeared at an examination
before the examiner to give evidence or to produce a document
or thing; or
(b) proposes to give or has given information, or proposes to
produce or has produced a document or thing, to the ACC
otherwise than at an examination before the examiner;
the safety of the person may be prejudiced or the person may be
subjected to intimidation or harassment, the examiner may make the
arrangements (including arrangements with the Territory Minister or
with members of the police force) that are necessary to avoid
prejudice to the safety of the person, or to protect the person from
intimidation or harassment.
30 Legal protection of examiners, counsel and witnesses
(1) An examiner has, in the exercise of the examiner’s functions as an
examiner in relation to an examination before the examiner, the same
protection and immunity as a justice of the High Court.
(2) A 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
a proceeding in the High Court.
(3) Subject to this Act, a person summoned to attend or appearing before
an examiner as a witness has the same protection as a witness in a
proceeding in the High Court.
Part 3 Examinations
Section 31
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31 Order for giving passport of witness to examiner
(1) If, on application by an examiner, a judge of the Federal Court sitting
in chambers is satisfied by evidence on oath that—
(a) in 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
(b) there are reasonable grounds for believing that the person can
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
(c) there are reasonable grounds for suspecting that the person
intends to leave Australia and has in their possession, custody or
control a passport issued to the person;
the judge may make an order requiring the person to appear before a
judge of the Federal Court on a stated date, and at a stated time and
place, to show cause why the person should not be ordered to give the
passport to the examiner.
(2) If a person appears before a judge of the Federal Court under an order
made under subsection (1), the judge may make an order—
(a) requiring the person to give the examiner any passport issued to
the person that is in the person’s possession, custody or control;
and
(b) authorising the examiner to keep the passport until the end of a
stated period (not longer than 1 month).
Examinations Part 3
Section 31
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(3) A judge of the Federal Court may, on application by the examiner,
extend for a further period (not longer than 1 month) or further
periods (not longer than 1 month in each case) the period for which
the examiner is authorised to keep a passport under an order made
under subsection (2), but so that the total period for which the
examiner is authorised to keep the passport is not longer than
3 months.
(4) A judge of the Federal Court may, at any time while the examiner is
authorised under an order made under this section to keep a passport
issued to a person, on application made by the person, revoke the
order and, if the order is revoked, the examiner must immediately
return the passport to the person.
(5) In this section:
Australia includes the external Territories.
Part 4 Search warrants
Section 32
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Part 4 Search warrants
32 Search warrants
(1) An eligible person may apply to an issuing officer for the issue of a
warrant under subsection (2) if—
(a) the eligible person has reasonable grounds for suspecting that,
on a particular day (the relevant day), that is a day not later than
1 month after the day when, the application is made, there may
be, on any land or on 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
(b) the 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.
(2) If 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 the assistance as the
authorised person considers necessary and if necessary by force—
(a) to enter on the land or on or into the premises, vessel, aircraft or
vehicle; and
(b) to search the land, premises, vessel, aircraft or vehicle for things
of the relevant kind; and
(c) to seize any things of the relevant kind found on the land or on
or in the premises, vessel, aircraft or vehicle and deliver things
so seized to anyone participating in the special ACC
operation/investigation.
Search warrants Part 4
Section 32
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(3) An issuing officer must not issue a warrant under subsection (2)
unless—
(a) an affidavit has been given to the officer setting out the grounds
on which the issue of the warrant is being sought; and
(b) the applicant (or someone else) has given to the issuing officer,
either orally or by affidavit, the further information (if any) that
the issuing officer requires about the grounds on which the issue
of the warrant is being sought; and
(c) the issuing officer is satisfied that there are reasonable grounds
for issuing the warrant.
(4) If an issuing officer issues a warrant under subsection (2), the officer
must state on the affidavit given to the officer as mentioned in
subsection (3) (a) which of the grounds stated in that affidavit the
officer has relied on to justify the issue of the warrant and particulars
of any other grounds relied on by the officer to justify the issue of the
warrant.
(5) A warrant issued under this section must—
(a) include a statement of the purpose for which the warrant is
issued, which must include a reference to the special ACC
operation/investigation and with which the things of the relevant
kind are connected; and
(b) state whether entry is authorised to be made at any time of the
day or night or during stated hours of the day or night; and
(c) include a description of the kind of things authorised to be
seized; and
(d) state a date, not later than 1 month after the day of issue of the
warrant, when the warrant ceases to have effect.
Part 4 Search warrants
Section 32
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(6) A warrant issued under this section may be executed, in accordance
with its terms, at any time during the period beginning on the relevant
day and ending on the date stated in the warrant as the date when the
warrant ceases to have effect.
(7) A person executing a warrant issued under this section may only use
the reasonable force that is necessary for the execution.
(8) If, 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 the person believes on
reasonable grounds to be evidence that would be admissible in the
prosecution of a person for an offence against a Commonwealth, State
or Territory law and the person believes on reasonable grounds that it
is necessary to seize the thing to prevent its concealment, loss,
mutilation or destruction, or its use in committing such an offence,
the person may seize the thing and, if the person does so, the thing is
to be taken, for this Act, to have been seized under the warrant.
(9) If a thing is seized under a warrant issued under this section—
(a) the head of the special ACC operation/investigation may keep
the thing if, and for so long as, keeping 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
(b) if the keeping 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 give the thing to—
(i) if the thing may be used in evidence in a proceeding of a
kind mentioned in subsection (12)—the authority or person
responsible for taking the proceeding; or
Search warrants Part 4
Section 33
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(ii) if 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;
unless the CEO has given the thing to the Attorney-General of
the Commonwealth or a State, or to a law enforcement agency,
or to another person or authority, in accordance with
section 37 (1) (a), (b) or (c) (Exercising functions).
(10) A person participating in the special ACC operation/investigation
may, instead of giving a thing in accordance with
subsection (9) (b) (ii), give the thing to the Attorney-General of the
Commonwealth or a State, or to a law enforcement agency, for the
purpose of assisting in the investigation of criminal offences, if the
person participating in the special ACC operation/investigation is
satisfied that the thing is likely to be useful for that purpose.
(11) This section does not affect a right of a person to apply for, or the
power of a person to issue, a warrant, if the right or power exists
otherwise than because of this section.
(12) Without limiting 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 a proceeding
for the taking, by or on behalf of the Commonwealth or a State or
Territory, of civil remedies in relation to a matter connected with, or
arising out of, an offence to which the special ACC
operation/investigation relates.
(13) In this section:
thing includes a document.
33 Application by telephone for search warrants
(1) If, because 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 32.
Part 4 Search warrants
Section 33
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(2) Before making the application, the eligible person must prepare an
affidavit setting 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.
(3) If an issuing officer issues a warrant under section 32 on an
application made by telephone, the officer must—
(a) complete and sign the warrant; and
(b) tell the eligible person who made the application of the terms of
the warrant and the date and time it was signed; and
(c) record on the warrant the officer’s reasons for issuing the
warrant; and
(d) send a copy of the warrant to the CEO.
(4) If a warrant is issued under section 32 on an application made by
telephone a member of the staff of the ACC or a police officer may
complete a form of warrant in the terms indicated by the issuing
officer under subsection (3) and, if a form of warrant is so completed,
the member or officer must write on it the name of the issuing officer
who issued the warrant and the date and time it was signed.
(5) If a person completes a form of warrant in accordance with subsection
(4), the person must, not later than the day after the date of expiry of
the warrant, send to the issuing officer who signed the warrant the
form of warrant completed by the officer and the affidavit properly
sworn in relation to the warrant.
(6) On receipt of the documents mentioned in subsection (5), the issuing
officer must attach them to the warrant signed by the officer and deal
with the documents in the way the officer would have dealt with the
affidavit if the application for the warrant had been made to the officer
in accordance with section 32.
(7) A form of warrant completed in accordance with subsection (4) is to
be taken to be a warrant issued under section 32.
Exercising functions Part 5
Section 34
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Part 5 Exercising functions
34 Consent of board may be needed before functions can be
exercised
The giving of a function to 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 exercised.
35 Functions not affected by Territory laws
A Commonwealth body or person is not precluded by any ACT law
from exercising a function given by this Act.
36 Extent to which functions are given
(1) This Act does not purport to impose any duty on a Commonwealth
body or person to exercise a function if the imposition of the duty
would be beyond the legislative power of the Legislative Assembly.
(2) This section does not limit the operation of the Legislation Act,
section 120 (Act to be interpreted not to exceed legislative powers of
Assembly).
37 Exercising functions
(1) If the ACC, in carrying out an ACC operation/investigation, obtains
evidence of an offence against a Commonwealth, State or Territory
law that would be admissible in a prosecution for the offence, the
CEO must assemble the evidence and give it to—
(a) the Attorney-General of the Commonwealth or a State, as the
case requires; or
(b) the relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement agency)
who is authorised under a Commonwealth, State or Territory
law to prosecute the offence.
Part 5 Exercising functions
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(2) If 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—
(a) the Attorney-General of the Commonwealth or the relevant
State, as the case requires; or
(b) a relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement authority)
who is authorised to bring the confiscation proceedings.
(3) If, because of the exercise of any of the ACC’s functions, the board
considers that a recommendation should be made to the
Commonwealth Minister or to the appropriate Minister of a
participating State—
(a) for reform of the law relating to relevant offences, including—
(i) evidence and procedure applying to the trials of relevant
offences; and
(ii) relevant offences in relation to, or involving, corporations;
and
(iii) taxation, banking and financial frauds; and
(iv) reception by Australian courts of evidence obtained in
foreign countries about relevant offences; and
(v) maintenance and preservation of taxation, banking and
financial records; or
(b) for reform of administrative practices; or
(c) for reform of administration of the courts in relation to trials of
relevant offences;
the board may make the recommendation to the Commonwealth
Minister, or to that State Minister, as the case may be.
Exercising functions Part 5
Section 38
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(4) If the ACC has obtained particular information or intelligence in the
course of exercising 1 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 exercise of any of its other functions.
38 Functions of federal judicial officers
(1) In this section:
federal judicial officer means—
(a) a judge of the Federal Court; or
(b) a judge of the Federal Circuit and Family Court of Australia
(Division 2).
(2) A function given to a federal judicial officer by this Act is given to
the federal judicial officer in a personal capacity and not as a court or
a member of a court.
(3) The federal judicial officer need not accept the function given.
(4) Anything done or made by a federal judicial officer under this Act
has effect only because of this Act and is not to be taken by
implication to be done or made by a court.
(5) A federal judicial officer exercising a function under this Act has the
same protection and immunity as if the officer were exercising that
function as, or as a member of, the court of which the federal judicial
officer is a member.
39 Limitation on challenge to board determination
If—
(a) an ACC Territory intelligence operation is determined by the
board to be a special operation; or
(b) an ACC Territory investigation is determined by the board to be
a special investigation;
Part 5 Exercising functions
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then, except in a proceeding brought by the Attorney-General of the
Commonwealth or of a State, anything done by the ACC because of
that determination must not be challenged, reviewed, quashed or
called in question in any ACT court on the ground that the
determination was not lawfully made.
40 Cooperation with law enforcement agencies and
coordination with overseas authorities
(1) In exercising its functions under this Act, the ACC must, so far as
practicable, work in cooperation with law enforcement agencies.
(2) In exercising its functions under this Act, the ACC may coordinate its
activities with the activities of authorities and people in other
countries exercising functions similar to functions of the ACC.
41 Incidental powers of ACC
The ACC has power to do everything necessary to be done for or in
relation to, or reasonably incidental to, the exercise of its functions
under this Act, and any specific powers given to the ACC by this Act
are not to be taken to limit by implication the generality of this
section.
General Part 6
Section 42
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Part 6 General
42 Arrangements for board to obtain information or
intelligence
The Territory Minister may make an arrangement with the
Commonwealth Minister for the board to be given by the Territory,
or a territory authority, information or intelligence about relevant
criminal activities.
43 Administrative arrangements with Commonwealth
The Territory Minister may make an arrangement with the
Commonwealth Minister under which the Territory will, from time to
time as agreed on under the arrangement, make available a person
who is an officer or employee of the Territory or a territory authority
or a police officer, or people who are such officers, employees or
members, to perform services for the ACC.
44 Judges to exercise functions under ACC Act
A judge of the Supreme Court may exercise functions given to the
judge by the ACC Act, section 22 (Search warrants), section 23
(Application by telephone for search warrants) or section 31 (Warrant
for arrest of witness).
45 Giving reports and information
(1) The chair of the board must keep the Commonwealth Minister
informed of the general conduct of the ACC in the exercise of the
ACC’s functions under this Act.
(2) If the Commonwealth Minister requests the chair of the board to give
the Commonwealth Minister information about a specific matter
relating to the ACC’s conduct in the exercise of its functions under
this Act, the chair must give the Commonwealth Minister the
information.
Part 6 General
Section 45
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(3) Subject to subsection (4), if a State Minister who is a member of the
inter-governmental committee asks the chair of the board for
information about a specific matter relating to the ACC’s conduct in
the exercise of its functions under this Act, the chair must give the
Minister the information.
(4) If the chair of the board considers that disclosure of information to
the public could prejudice the safety or reputation of people or the
operations of law enforcement agencies, the chair must not give the
information under subsection (3).
(5) Subject to subsection (7), the chair of the board—
(a) must, when requested by the inter-governmental committee to
give information to the committee about a specific matter
relating to an ACC operation/investigation that the ACC has
conducted or is conducting, comply with the request; and
(b) must, when requested by the inter-governmental committee to
do so, and may at such other times as the chair of the board
considers appropriate, tell the committee about the general
conduct of the ACC in the exercise of the ACC’s functions under
this Act.
(6) Subject to subsection (7), the chair of the board must give 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.
(7) The chair of the board must not give the inter-governmental
committee any matter the disclosure of which to members of the
public could prejudice the safety or reputation of people 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 give
that report to the Territory Minister.
General Part 6
Section 45
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(8) The chair of the board may include in a report given under subsection
(6) a recommendation that the report be presented to the Legislative
Assembly.
(9) The CEO may give to—
(a) any law enforcement agency; or
(b) any foreign law enforcement agency; or
(c) any other Commonwealth, State or territory authority prescribed
under the regulations;
any 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—
(d) it appears to the CEO to be appropriate to do so; and
(e) to do so would not be contrary to a Commonwealth, State or
Territory law that would otherwise apply.
(10) The CEO may, whenever it appears to the CEO to be appropriate to
do so, give to authorities and people responsible for taking civil
remedies by or on behalf of the Commonwealth or a State or a
Territory any information that has come into the ACC’s possession
under this Act and that may be relevant for the purposes of taking
such remedies in relation to matters connected with, or arising out of,
offences against Commonwealth, State or Territory laws.
(11) If any information relating to the exercise 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—
(a) give the information to the authority or Administration; and
(b) make any recommendations to the authority or Administration
about the exercise of its functions that the CEO considers
appropriate.
Part 6 General
Section 46
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(12) A report under this Act that sets out any finding that an offence has
been committed, or makes any recommendation for bringing a
prosecution for 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
the offence.
(13) The CEO may give 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 the Australian
Security Intelligence Organisation Act 1979 (Cwlth), section 4,
definition of security.
46 Secrecy
(1) This section applies to a person who is or has been—
(a) the CEO; and
(b) a member of the board; and
(c) a member of the staff of the ACC; and
(d) an examiner.
(2) A person to whom this section applies commits an offence if the
person—
(a) makes a record of any information (restricted information)
acquired by the person because of, or in the course of, the
exercise of the person’s functions under this Act; or
(b) states, publishes or otherwise communicates restricted
information reckless about whether the statement, publication or
other communication divulges or communicates restricted
information to anyone.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
General Part 6
Section 46
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(3) Subsection (2) does not apply if the making of the record or divulging
or communicating of information is or was done for a relevant Act or
otherwise in relation to the exercise of the person’s functions under a
relevant Act.
(4) A person to whom this section applies cannot be required to produce
in any court any document that has come into the person’s custody or
control in the course of, or because of, the exercise of the person’s
functions under this Act, or to divulge or communicate to a court
anything that has come to the person’s notice in the exercise of those
functions, except if the ACC, or the CEO, the acting CEO, a member
of the board or an examiner in the examiner’s official capacity, is a
party to the relevant proceeding or it is necessary to do so—
(a) for the purpose of carrying into effect the provisions of a
relevant Act; or
(b) for the purposes of a prosecution brought because of an
operation or investigation carried out by the ACC in the exercise
of its functions.
(5) In this section:
court includes any tribunal, authority or person having power to
require the production of documents or the answering of questions.
member of the staff of the ACC means—
(a) a person mentioned in the ACC Act, section 4 (1), definition of
member of the staff of the ACC; or
(b) a person who assists, or performs services for or on behalf of, a
legal practitioner appointed under section 10 (Counsel assisting
ACC) in the exercise of the legal practitioner’s functions as
counsel to the ACC.
produce includes permit access to.
relevant Act means the ACC Act, this Act or any corresponding Act
of a State.
Part 6 General
Section 47
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47 Delegation by CEO
The CEO may delegate to a member of the staff of the ACC who is
an SES employee, or an acting SES employee, the CEO’s functions
under this Act.
Note For the making of delegations and the exercise of delegated functions,
see Legislation Act, pt 19.4.
48 Liability for damages
A member of the board is not liable to a proceeding for damages in
relation to an act done or omitted honestly in the exercise or purported
exercise of any function given or expressed to be given under this
Act.
49 Obstructing, hindering or disrupting ACC or an examiner
A person commits an offence if the person—
(a) intentionally obstructs or hinders—
(i) the ACC in the exercise of its functions; or
(ii) an examiner in the exercise of their functions as an
examiner; or
(b) intentionally disrupts an examination before an examiner.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
50 Public meetings and bulletins
(1) The board may hold meetings in public for the purpose of informing
the public about, or receiving submissions in relation to, the exercise
of the ACC’s functions, including its functions under this Act.
(2) The board may publish bulletins for the purpose of informing the
public about the exercise of the ACC’s functions, including its
functions under this Act.
General Part 6
Section 51
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(3) The board must not—
(a) divulge in the course of a meeting held under subsection (1); or
(b) include in a bulletin published under subsection (2);
anything 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.
51 Annual report
(1) In this section:
annual report means a report by the chair of the board under the ACC
Act, section 61.
(2) An annual report for a year must include the following:
(a) a description of any ACC Territory investigation that the ACC
conducted during the year and that the board determined to be a
special investigation;
(b) a 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
exercise of its functions under this Act;
(c) any recommendations for changes in Commonwealth, State or
Territory laws, or for administrative action, that, because of the
exercise of the ACC’s functions under this Act, the board
considers should be made;
(d) the general nature and the extent of any information given by the
CEO during that year under this Act to a law enforcement
agency;
(e) the extent to which ACC Territory investigations have resulted
in the prosecution in that year of people for offences;
Part 6 General
Section 52
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(f) the extent to which ACC Territory investigations have resulted
in confiscation proceedings;
(g) particulars of the number and results of court proceedings
involving the ACC in relation to its functions under this Act if
the proceedings were decided, or otherwise disposed of, during
that year.
(3) An annual report must not—
(a) identify people as being suspected of having committed
offences; or
(b) identify people as having committed offences unless those
persons have been convicted or found guilty of those offences.
(4) In 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 the
person’s 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.
(5) The Territory Minister must present the following documents to the
Legislative Assembly within 6 sitting days after the day the Minister
receives them:
(a) each annual report the Territory Minister receives; and
(b) any comments by the inter-governmental committee on, and that
accompany, the report.
52 Things done for multiple purposes
The validity of anything done for this Act is not affected only because
it was done also for the ACC Act.
53 Regulation-making power
The Executive may make regulations for this Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• corporation
• exercise
• fail
• function
• give
• in relation to
• judge
• law, of the Territory
• may
• under.
Note 3 Terms used in this Act have the same meaning that they have in the
Australian Crime Commission Act 2002 (Cwlth) (see Legislation Act,
s 148). For example, the following terms are defined in the Australian
Crime Commission Act 2002 (Cwlth), s 4:
• legal practitioner
• serious and organised crime
• State.
ACC Act means the Australian Crime Commission Act 2002 (Cwlth).
Note That Act was originally known as the National Crime Authority Act 1984.
ACC operation/investigation means—
(a) an ACC Territory intelligence operation; or
(b) an ACC Territory investigation.
ACC Territory intelligence operation means an intelligence
operation that the ACC is undertaking under section 8 (b) (Functions
of ACC).
Dictionary
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ACC Territory investigation means an investigation that the ACC is
conducting under section 8 (a) (Functions of ACC).
authority includes an agency (however described) or body.
board means the Board of the ACC.
committee means the inter-governmental committee.
Commonwealth body or person means—
(a) the ACC; or
(b) the board; or
(c) the chair of the board; or
(d) a member of the board; or
(e) the inter-governmental committee; or
(f) the CEO; or
(g) a member of the staff of the ACC; or
(h) an examiner; or
(i) a judge of the Federal Court; or
(j) a judge of the Federal Circuit and Family Court of Australia
(Division 2).
Commonwealth Minister means the Commonwealth Minister
administering the ACC Act.
intelligence operation means the collection, correlation, analysis or
dissemination of criminal information and intelligence relating to a
relevant criminal activity.
inter-governmental committee means the Inter-Governmental
Committee mentioned in the ACC Act, section 8.
issuing officer means—
(a) a judge of the Federal Court; or
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(b) a judge of the Supreme Court; or
Note Judge is defined in the Legislation Act to mean a resident judge,
additional judge or acting judge under the Supreme Court Act 1933
(see Legislation Act, dict, pt 1, def judge).
(c) a judge of the Federal Circuit and Family Court of Australia
(Division 2).
judge of the Federal Circuit and Family Court of Australia
(Division 2) means a person holding office as a judge of the Federal
Circuit and Family Court of Australia (Division 2) (including the
Chief Justice, Deputy Chief Justice and a Senior Judge) under the
Federal Circuit and Family Court of Australia Act 2021 (Cwlth).
serious and organised crime means an offence—
(a) that involves 2 or more offenders and substantial planning and
organisation; and
(b) that involves, or is of a kind that ordinarily involves, the use of
sophisticated methods and techniques; and
(c) that is committed, or is of a kind that is ordinarily committed, in
conjunction with other offences of a like kind; and
(d) that is an offence of a kind prescribed under the regulations or
an offence that involves any of the following:
(i) theft;
(ii) fraud;
(iii) tax evasion;
(iv) money laundering;
(v) currency violations;
(vi) illegal drug dealings;
(vii) illegal gambling;
(viii) obtaining financial benefit by vice engaged in by others;
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(ix) extortion;
(x) violence;
(xi) bribery or corruption of, or by, an officer of the
Commonwealth, an officer of a State or an officer of a
Territory;
(xii) perverting the course of justice;
(xiii) bankruptcy and company violations;
(xiv) harbouring of criminals;
(xv) forging of passports;
(xvi) firearms;
(xvii) armament dealings;
(xviii) illegal importation or exportation of fauna into or out of
Australia;
(xix) cybercrime;
(xx) matters of the same general nature as 1 or more of the
matters mentioned in subparagraphs (i) to (xix); and
(e) that is punishable by imprisonment for a period of 3 years or
longer;
but—
(f) does not include an offence committed in the course of a genuine
dispute about matters relating to the relations of employees and
employers by a party to the dispute, unless the offence is
committed in relation to, or as part of, a course of activity
involving the commission of a serious and organised crime other
than an offence so committed; and
(g) does not include an offence the time for the bringing of a
prosecution for which has ended.
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special ACC operation/investigation means—
(a) an ACC Territory intelligence operation that the board has
determined to be a special operation; or
(b) an ACC Territory investigation that the board has determined to
be a special investigation.
Territory Minister means the Minister administering this Act.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Australian Crime Commission (ACT) Act 2003 A2003-58
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
remainder commenced 17 June 2004 (s 2 and LA s 79)
as amended by
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.15
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.15 commenced 1 July 2011 (s 2 (1))
Crimes Legislation Amendment Act 2023 A2023-33 sch 1 pt 1.1, sch 2
pt 2.1
notified LR 6 September 2023
s 1, s 2 commenced 6 September 2023 (LA s 75 (1))
sch 1 pt 1.1, sch 2 pt 2.1 commenced 13 September 2023 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.7, sch 4 pt 4.13
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.7, sch 4 pt 4.13 commenced 16 November 2025 (s 2 (1), (9))
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Offences against Act—application of Criminal Code etc
s 5 am A2023-33 amdt 1.1
CEO to manage ACC operations/investigations
s 9 am A2023-33 amdt 2.1
Board meetings
s 12 am A2025-29 amdt 3.18, amdt 3.19
Conduct of examination
s 21 am A2025-29 amdt 3.20
Power to obtain documents
s 23 am A2023-33 amdt 1.2
Endnotes
4 Amendment history
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Failure of witnesses to attend and answer questions
s 26 am A2023-33 amdt 1.2; A2025-29 amdt 3.21
False or misleading evidence
s 28 am A2023-33 amdt 1.2
Order for giving passport of witness to examiner
s 31 am A2025-29 amdt 3.21
Functions of federal judicial officers
s 38 am A2023-33 amdt 2.2
Arrangements for board to obtain information or intelligence
s 42 am A2025-29 amdt 3.22
Administrative arrangements with Commonwealth
s 43 am A2025-29 amdt 3.22
Giving reports and information
s 45 am A2025-29 amdt 3.22
Obstructing, hindering or disrupting ACC or an examiner
s 49 am A2023-33 amdt 1.2; A2025-29 amdt 3.23
Regulation-making power
s 53 am A2025-29 amdt 4.13
Transitional provisions
pt 7 hdg exp 17 June 2006 (s 69)
Transitional
div 7.1 hdg exp 17 June 2006 (s 69)
Definitions for div 7.1
s 54 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Certain investigations taken to be special investigations
s 55 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Assembling and giving evidence obtained by the NCA
s 56 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Limitation on challenges to validity of references
s 57 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Arrangements to obtain information or intelligence
s 58 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Things seized under search warrant
s 59 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Directions about publication
s 60 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Endnotes
Amendment history 4
R6
16/11/25
Australian Crime Commission (ACT) Act 2003
Effective: 16/11/25
page 57
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Disclosure of summons or notice
s 61 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Witness protection
s 62 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Administrative arrangements in relation to NCA
s 63 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Administrative arrangements under Witness Protection Act 1996
s 64 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Secrecy obligations
s 65 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Regulations modifying pt 7
s 66 exp 17 June 2005 (s 66 (2))
Repeals and consequential amendments
div 7.2 hdg om LA s 89 (3)
Repeals
s 67 om LA s 89 (3)
Legislation amended—sch 1
s 68 om LA s 89 (3)
Miscellaneous
div 7.3 hdg exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Expiry of pt 7
s 69 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Declared law for Legislation Act, s 88
s 70 exp 17 June 2006 (s 69 (LA s 88 declaration applies))
Consequential amendments
sch 1 om LA s 89 (3)
Dictionary
dict def authority sub A2011-22 amdt 1.57
def Commonwealth body or person am A2023-33 amdt 2.3
def federal magistrate om A2023-33 amdt 2.4
def issuing officer am A2023-33 amdt 2.5
def judge of the Federal Circuit and Family Court of
Australia (Division 2) ins A2023-33 amdt 2.6
Endnotes
5 Earlier republications
page 58 Australian Crime Commission (ACT) Act 2003
Effective: 16/11/25
R6
16/11/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
17 June 2004
17 June 2004–
17 June 2005
not amended new Act
R2
18 June 2005
18 June 2005–
17 June 2006
not amended commenced expiry
R3
18 June 2006
18 June 2006–
30 June 2011
not amended commenced expiry
R4
1 July 2011
1 July 2011–
12 Sept 2023
A2011-22 amendments by
A2011-22
R5
13 Sept 2023
13 Sept 2023–
15 Nov 2025
A2023-33 amendments by
A2023-33
6 Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired.
The expiry does not affect any continuing operation of the provisions (see
Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes
effect and are listed in the amendment history using the abbreviation ‘exp’ followed
by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took
effect. The ACT legislation register has point-in-time versions of this Act.