3Schedule(s)

#### 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the National Crime Authority Act 1984 Part 1—Amendments 1 Title Omit “a National Crime Authority”, substitute “the Australian Crime Commission, and for related purposes”. 2 Section 1 Omit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”. 3 Subsection 4(1) Insert: > ACC means the Australian Crime Commission established by section 7. 4 Subsection 4(1) Insert: > ACC operation/investigation means: (a) an intelligence operation that the ACC is undertaking; or (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting. 5 Subsection 4(1) (definition of Authority) Repeal the definition. 6 Subsection 4(1) Insert: > Board means the Board of the ACC. 7 Subsection 4(1) Insert: > CEO means the Chief Executive Officer of the ACC. 8 Subsection 4(1) (definition of Chair) Repeal the definition. 9 Subsection 4(1) Insert: > eligible Commonwealth Board member means the following members of the Board: (a) the Commissioner of the Australian Federal Police; (b) the Secretary of the Department; (c) the Chief Executive Officer of the Australian Customs Service; (d) the Chairperson of the Australian Securities and Investments Commission; (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. 10 Subsection 4(1) (paragraph (a) of the definition of eligible person) Repeal the paragraph, substitute: (a) an examiner; or 11 Subsection 4(1) (paragraph (b) of the definition of eligible person) Omit “Authority”, substitute “ACC”. 12 Subsection 4(1) Insert: > examiner means a person appointed under subsection 46B(1). 13 Subsection 4(1) (paragraphs (a) and (b) of the definition of federally relevant criminal activity) Omit “relevant offence”, substitute “serious and organised crime”. 14 Subsection 4(1) (definition of hearing officer) Repeal the definition. 15 Subsection 4(1) Insert: > intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to federally relevant criminal activity. 16 Subsection 4(1) (definition of Judge) Repeal the definition. 17 Subsection 4(1) (definition of member) Repeal the definition. 18 Subsection 4(1) Insert: > member of the staff of the ACC means: (a) a member of the staff referred to in subsection 47(1); or (b) a person participating in an ACC operation/investigation; or (c) a member of a task force established by the Board under paragraph 7C(1)(f); or (d) a person engaged under subsection 48(1); or (e) a person referred to in section 49 whose services are made available to the ACC; or (f) a legal practitioner appointed under section 50 to assist the ACC as counsel. 19 Subsection 4(1) (definition of member of the staff of the Authority) Repeal the definition. 20 Subsection 4(1) (definition of original reference) Repeal the definition. 21 Subsection 4(1) (definition of prescribed investigation) Repeal the definition. 22 Subsection 4(1) (definition of related reference) Repeal the definition. 23 Subsection 4(1) (definition of relevant criminal activity) Omit “a relevant offence”, substitute “a serious and organised crime”. 24 Subsection 4(1) (definition of relevant offence) Repeal the definition. 25 Subsection 4(1) Insert: > 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 of a kind prescribed by the regulations or 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; (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 one or more of the matters listed above; but: (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and (f) does not include an offence the time for the commencement of a prosecution for which has expired; and (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years. > Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances). 26 Subsection 4(1) Insert: > special ACC operation/investigation means: (a) an intelligence operation that the ACC is undertaking and that the Board has determined to be a special operation; or (b) an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board has determined to be a special investigation. 27 Subsection 4(1) (definition of special investigation) Repeal the definition. 28 Subsection 4(1) (definition of Task Force) Repeal the definition. 29 Subsection 4(2) Repeal the subsection, substitute: (2) 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 the purposes of this Act, to be a serious and organised crime. 30 Paragraph 4A(1)(b) Repeal the paragraph, substitute: (b) either: (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory. 31 Paragraph 4A(2)(d) Repeal the paragraph, substitute: (d) both: (i) the ACC is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or (e) both: (i) the ACC is undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that operation is, or would be, incidental to the operation mentioned in subparagraph (i). 32 Subsection 4A(6) Insert: > intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity. 33 Part II (heading) Repeal the heading, substitute: