16Limitation on challenge to Board determination

#### 16 Limitation on challenge to Board determination If: (a) an intelligence operation is determined by the Board to be a special operation; or (b) an investigation into matters relating to federally relevant criminal activity is determined by the Board to be a special investigation; then, except in a proceeding instituted by the Attorney‑General of the Commonwealth or the Attorney‑General of a State, any act or thing done by the ACC because of that determination must not be challenged, reviewed, quashed or called in question in any court on the ground that the determination was not lawfully made. 58 Section 17 Omit “Authority” (wherever occurring), substitute “ACC”. 59 Subsection 18(1) Omit “Subject to subsections (2) and (3), the”, substitute “The”. Note: The heading to section 18 is altered by omitting “Authority” and substituting “Board”. 60 Subsection 18(1) Omit “Authority” (wherever occurring), substitute “Board”. 61 Subsections 18(2) and (3) Repeal the subsections, substitute: (2) However, the Minister must not, without the approval of a resolution passed at a meeting of the Inter‑Governmental Committee, being a resolution as to which all the members of the Committee present at the meeting have voted in favour, give any directions or furnish any guidelines to the Board under subsection (1) with respect to particular ACC operations/investigations. 62 Subsection 18(4) Omit “Authority”, substitute “Board”. 63 Section 19 Omit “Authority has”, substitute “ACC has”. Note: The heading to section 19 is altered by omitting “Authority” and substituting “ACC”. 64 Section 19 Omit “general functions or of its special”. 65 Section 19 Omit “Authority by”, substitute “ACC by”. 66 Subsection 19A(1) Omit “A member”, substitute “An examiner”. Note: The heading to section 19A is altered by omitting “Authority” and substituting “Examiner”. 67 Subsection 19A(1) Omit “Authority”, substitute “examiner”. 68 Paragraph 19A(1)(b) Repeal the paragraph, substitute: (b) is relevant to an ACC operation/investigation. 69 Subsection 19A(2) Omit “A member”, substitute “An examiner”. 70 Subsection 19A(2) Omit “Authority”, substitute “examiner”. 71 Subsection 19A(2) Omit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”. 72 Paragraph 19A(6)(b) Omit “Authority”, substitute “examiner”. 73 Subsection 19A(8) (definition of prescribed agency) Omit “Human Rights Commission”, substitute “Human Rights and Equal Opportunity Commission”. 74 Subsection 19A(8) (paragraph (c) of the definition of relevant matters) Omit “prescribed investigation”, substitute “ACC operation/investigation”. 75 Subsection 19A(8) (paragraph (c) of the definition of relevant request) Omit “Authority”, substitute “examiner”. 76 Section 19A (penalty) Omit “$1,000”, substitute “10 penalty units”. 77 Subsection 20(1) Omit “A member”, substitute “An examiner”. Note: The heading to section 20 is altered by omitting “Authority” and substituting “Examiner”. 78 Subsection 20(1) Omit “Authority”, substitute “examiner”. 79 Paragraph 20(1)(b) Repeal the paragraph, substitute: (b) is relevant to an ACC operation/investigation. 80 Subsection 20(2) Omit “A member”, substitute “An examiner”. 81 Paragraph 20(2)(a) Omit “a member of the Authority or a member of the staff of the Authority”, substitute “the examiner or a member of the staff of the ACC”. 82 Paragraph 20(2)(b) Omit “a prescribed investigation in relation to a federally relevant criminal activity”, substitute “an ACC operation/investigation”. 83 Section 20 (penalty) Omit “$1,000”, substitute “10 penalty units”. 84 Subsection 21(1) Omit “Authority”, substitute “Board”. Note: The heading to section 21 is altered by omitting “Authority” and substituting “Board”. 85 Subsection 21(2) Omit “Authority” (first occurring), substitute “Board”. 86 Subsection 21(2) Omit “Authority” (second occurring), substitute “CEO”. 87 Paragraph 22(1)(a) Omit “a matter relating to a federally relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”. 88 Paragraph 22(2)(c) Omit “the Authority”, substitute “any person participating in the special ACC operation/investigation”. 89 Paragraph 22(5)(a) Omit “matter relating to a federally relevant criminal activity into which the Authority is conducting a special investigation”, substitute “special ACC operation/investigation”. 90 Paragraph 22(8)(a) Omit “Authority” (wherever occurring), substitute “head of the special ACC operation/investigation”. 91 Paragraph 22(8)(a) Omit “a special investigation”, substitute “the special ACC operation/investigation”. 92 Paragraph 22(8)(b) Omit “Authority” (first occurring), substitute “head of the special ACC operation/investigation”. 93 Paragraph 22(8)(b) Omit “an eligible person”, substitute “a person participating in the special ACC operation/investigation”. 94 Subparagraph 22(8)(b)(ii) Omit “eligible person”, substitute “person participating in the special ACC operation/investigation”. 95 Paragraph 22(8)(b) Omit “Authority” (second occurring), substitute “CEO”. 96 Subsection 22(9) Omit “An eligible person”, substitute “A person participating in the special ACC operation/investigation”. 97 Subsection 22(9) Omit “the eligible person”, substitute “the person participating in the special ACC operation/investigation”. 98 Subsection 22(13) Omit “a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation”, substitute “a special ACC operation/investigation”. 99 Subsection 22(13) Omit “the relevant criminal activity”, substitute “the special ACC operation/investigation”. 100 At the end of subsection 22(14) Add “The issuing officer need not accept the function conferred.”. 101 Paragraph 23(3)(d) Omit “Authority”, substitute “CEO”. 102 Subsection 23(4) Omit “Authority”, substitute “ACC”. 103 Subsection 24(1) Omit “a member”, substitute “an examiner”. Note: The heading to section 24 is altered by omitting “Authority” and substituting “examiner”. 104 Paragraph 24(1)(a) Omit “an investigation that is being conducted by the Authority into a matter that was referred to the Authority (being a matter relating to a federally relevant criminal activity)”, substitute “a special ACC operation/investigation”. 105 Paragraph 24(1)(a) Omit “the Authority or a hearing officer at a hearing (whether or not the summons has been served), or a person has appeared before the Authority or a hearing officer at a hearing”, substitute “an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination”. 106 Paragraph 24(1)(b) Omit “Authority or the hearing officer” (wherever occurring), substitute “examiner”. 107 Paragraph 24(1)(b) Omit “matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation”, substitute “special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation”. 108 Subsection 24(1) Omit “passport to the Authority”, substitute “passport to the examiner”. 109 Paragraph 24(2)(d) Omit “Authority”, substitute “examiner”. 110 Subsection 24(2) (penalty) Omit “$5,000”, substitute “50 penalty units”. 111 Paragraph 24(3)(a) Omit “Authority”, substitute “examiner”. 112 Paragraph 24(3)(b) Omit “Authority”, substitute “examiner”. 113 Subsection 24(4) Omit “a member”, substitute “the examiner”. 114 Subsection 24(4) Omit “Authority” (wherever occurring), substitute “examiner”. 115 Subsection 24(5) Omit “Authority”, substitute “examiner”. 116 Subsection 24(5) Omit “a member”, substitute “the examiner”. 117 Division 2 of Part II (heading) Repeal the heading, substitute: