55BChoice of Commonwealth and State powers

55B Choice of Commonwealth and State powers

If: (a) the ACC is investigating a matter relating to federally relevant criminal activity, or is undertaking an intelligence operation, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of a State; and (b) for the purposes of that investigation or operation, the ACC or the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State; this Act or that other Act does not require the ACC or the Board, the Chair of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.

244 Paragraph 55C(1)(a)

Repeal the paragraph, substitute:

(a) the ACC; or

245 Paragraph 55C(1)(b)

Repeal the paragraph, substitute:

(b) the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC;

246 Paragraph 55C(1)(c)

After “matter”, insert “, or to the collection, correlation, analysis or dissemination of criminal information and intelligence,”.

247 Subsection 55C(2)

After “Federal Court”, insert “or a Federal Magistrate”.

248 Subsection 55C(2)

Omit “Authority of a matter”, substitute “ACC of a matter, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence,”.

249 Subsection 55C(3)

Insert:

Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.

250 Section 56

Repeal the section.

251 Section 57

Omit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.

252 Subsection 58(1)

Repeal the subsection, substitute:

(1) The Minister may make an arrangement with the appropriate Minister of the Crown of a State under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.

253 Subsections 59(1), (1A) and (2)

Repeal the subsections, substitute:

(1) The Chair of the Board must keep the Minister informed of the general conduct of the ACC in the performance of the ACC’s functions. If the Minister requests the Chair to provide to him or her information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, the Chair must comply with the request. (1A) Subject to subsection (2), if a Minister of the Crown of a State who is a member of the Inter‑Governmental Committee requests the Chair of the Board to provide him or her with information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board must comply with the request. (2) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (1A).