61AReview of operation of Act

#### 61A Review of operation of Act (1) The Minister must cause an independent review of the operation of this Act to be undertaken as soon as practicable after 1 January 2006. (2) The persons who undertake such a review must give the Minister a written report of the review. (3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. (4) However, this section does not apply if a committee of one or both Houses of the Parliament has reviewed the operation of this Act, or started such a review, before 1 January 2006. Part 2—Transitional provisions 308 Definitions In this Part: ACC means the Australian Crime Commission. ACC Act means the Australian Crime Commission Act 2002. commencement time means the time when this Part commences. NCA means the National Crime Authority. NCA Act means the National Crime Authority Act 1984 as in force before the commencement time. NCA consultant means a person in respect of whom an engagement was in force under section 48 of the NCA Act immediately before the commencement time. NCA hearing officer means a person who held an appointment under subsection 25A(1) of the NCA Act immediately before the commencement time. 309 Appointment of first CEO of ACC (1) The first appointment of the Chief Executive Officer of the ACC under section 37 of the ACC Act may be made in accordance with section 4 of the Acts Interpretation Act 1901. > Note: Subsection 4(1) of the Acts Interpretation Act 1901 would allow the appointment to occur during the period beginning on the day this Act receives the Royal Assent and ending on 31 December 2002. However, the appointment could not take effect until at least 1 January 2003: see subsection 4(2) of the Acts Interpretation Act 1901. (2) For this purpose, paragraph 37(2)(a) of the ACC Act is taken to be satisfied if the Minister invites each of the following persons to make nominations for that appointment: (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; (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory; (g) the Chief Police Officer of the Australian Capital Territory. 310 NCA hearing officers (1) At the commencement time, an NCA hearing officer is taken to be appointed as an examiner under subsection 46B(1) of the ACC Act. (2) A person who becomes an examiner under this item holds that office: (a) subject to Subdivision B of Division 3 of Part II of the ACC Act, on the same terms and conditions as applied to his or her appointment as an NCA hearing officer immediately before the commencement time; and (b) for the unexpired part of the term of his or her appointment under the NCA Act. (3) This item does not prevent those terms and conditions being varied after the commencement time. (4) An appointment of a person as an examiner under this item is taken, for the purposes of subsection 46B(4) of the ACC Act, to be the person’s first appointment. > Note: Subsection 46B(4) of the ACC Act provides that the sum of an examiner’s first appointment and any period or periods of re‑appointment must not exceed 5 years. 311 NCA consultants (1) At the commencement time, a person who is an NCA consultant is taken to be engaged as a consultant under section 48 of the ACC Act. (2) The person is taken to have been engaged on the same terms and conditions that applied in relation to the person immediately before the commencement time. 312 NCA legal practitioners An appointment in force under section 50 of the NCA Act immediately before the commencement time is taken, at that time, to be an appointment made under section 50 of the ACC Act. 313 Continuation of references made to the NCA (1) This item applies to an investigation (the NCA investigation) under subsection 11(2) of the NCA Act that the NCA had commenced but not completed before the commencement time. (2) At and after the commencement time: (a) the ACC may complete the NCA investigation; and (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity. (3) For the purposes of the ACC completing the NCA investigation, at the commencement time: (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and (b) the Board of the ACC is taken to have determined, in writing, that the investigation is a special investigation; and (c) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the special investigation; and (d) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the special investigation. 314 Continuation of duties, functions or powers conferred on the NCA by State laws If: (a) a law of a State conferred on the NCA a duty, function or power of the kind referred to in subsection 55A(2) of the NCA Act in relation to a matter relating to a relevant criminal activity; and (b) subsection 55A(3) of the NCA Act was satisfied in relation to that conferral; and (c) a law of a State confers on the ACC that duty, function or power in relation to that matter; then the Board of the ACC is taken to have consented to the ACC investigating that matter. 315 Continuation of other NCA investigations (1) This item applies to an investigation (the NCA investigation) in relation to a federally relevant criminal activity under paragraph 11(1)(b) of the NCA Act that the NCA had commenced but not completed before the commencement time. (2) At and after the commencement time: (a) the ACC may complete the NCA investigation; and (b) the NCA investigation is taken, for the purposes of the ACC Act, to be an investigation into matters relating to federally relevant criminal activity. (3) For the purposes of the ACC completing the NCA investigation, at the commencement time: (a) the Board of the ACC is taken to have authorised, in writing, the ACC to investigate the matters; and (b) the persons who were carrying out the NCA investigation immediately before the commencement time are taken to be persons participating in the investigation of those matters; and (c) the person in charge of the NCA investigation immediately before the commencement time is taken to be the head of the investigation into those matters. 316 Assembling and giving of evidence obtained by the NCA If: (a) before the commencement time, the NCA obtained evidence of a kind referred to in subsection 12(1) or (1A) of the NCA Act; but (b) the NCA had not assembled and given the evidence as mentioned in that subsection before the commencement time; then, at and after the commencement time, subsection 12(1) of the ACC Act applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation. > Note: Subsection 12(1) of the ACC Act requires the Chief Executive Officer of the ACC to assemble and give the evidence to particular persons or bodies. 317 Limitation on challenges to validity of references Despite the repeal and substitution of section 16 of the NCA Act made by this Schedule, that section continues to apply in relation to a reference made before the commencement time as if that repeal and substitution had not been made. 318 Arrangements to obtain information or intelligence An arrangement in force under section 21 of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under section 21 of the ACC Act. 319 Continuation of secrecy obligations Section 51 of the NCA Act continues to apply at and after the commencement time to a person who, immediately before the commencement time, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made. 320 Continuation of the Parliamentary Joint Committee on the National Crime Authority The Parliamentary Joint Committee on the National Crime Authority, as constituted under Part III of the NCA Act immediately before the commencement time, continues in existence after that time under Part III of the ACC Act and is to be known as the Parliamentary Joint Committee on the Australian Crime Commission. 321 Ombudsman to brief Inter‑Governmental Committee about controlled operations The first briefing provided by the Ombudsman under section 55AA of the ACC Act must also cover the NCA’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months. 322 Arrangements relating to person performing services for the NCA An arrangement in force under paragraph 58(1)(b) of the NCA Act immediately before the commencement time continues to be in force after that time as if it had been made under subsection 58(1) of the ACC Act. 323 Annual report The first report on the operations of the ACC under section 61 of the ACC Act must also include, in relation to the year to which the report relates, details of the matters referred to in subsection 61(2) of the NCA Act as in force immediately before the commencement time. 324 Transfer of records and documents etc. Any evidence (including oral evidence in any form), records, documents, information or other things (including those in electronic form) that were in the possession of the NCA immediately before the commencement time are to be transferred to the ACC. 325 Section 8 of the Acts Interpretation Act 1901 This Part does not limit the operation of section 8 of the Acts Interpretation Act 1901. 326 Transitional regulations (1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule. (2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item. Schedule 2—Other amendments Part 1—Amendments Archives Act 1983 1 Paragraph 33(1A)(a) Omit “National Crime Authority”, substitute “Australian Crime Commission”. Australian Security Intelligence Organisation Act 1979 2 Paragraph 18(3)(a) Omit “a member, or a member of the staff, of the National Crime Authority”, substitute “the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC”. 3 Subparagraph 18(3)(b)(vi) Repeal the subparagraph, substitute: (vi) the Chief Executive Officer of the Australian Crime Commission or a member of the staff of the ACC. 4 At the end of section 18 Add: (6) In this section: > member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. Crimes Act 1914 5 Subsection 3(1) Insert: > ACC means the Australian Crime Commission. 6 Subsection 3(1) Insert: > ACC authorising officer has the meaning given in subsection 15J(4). 7 Subsection 3(1) (paragraph (b) of the definition of appropriate authorising officer) Omit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”. 8 Subsection 3(1) (paragraph (c) of the definition of law enforcement officer) Repeal the paragraph, substitute: (c) a member of the staff of the ACC; 9 Subsection 3(1) Insert: > member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. 10 Subsection 3(1) (definition of NCA authorising officer) Repeal the definition. 11 Subparagraph 15G(1)(b)(i) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 12 Paragraph 15J(2)(c) Omit “National Crime Authority”, substitute “ACC”. 13 Paragraph 15J(2)(c) Omit “NCA authorising officer”, substitute “ACC authorising officer”. 14 Subsection 15J(4) Repeal the subsection, substitute: (4) The following are ACC authorising officers: (a) the Chief Executive Officer of the ACC; (b) a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph. 15 Paragraph 15N(2A)(b) Repeal the paragraph, substitute: (b) the Chief Executive Officer of the ACC; 16 Subsection 15OA(2) Omit “NCA authorising officer” (wherever occurring), substitute “ACC authorising officer”. 17 Subsection 15OA(4) Omit “NCA authorising officer”, substitute “ACC authorising officer”. 18 Paragraph 15OA(5)(b) Omit “NCA authorising officer”, substitute “ACC authorising officer”. 19 Paragraph 15Q(1)(a) Omit “NCA authorising officer”, substitute “ACC authorising officer”. 20 Subsection 15R(2) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 21 Paragraph 15R(2)(a) Omit “NCA authorising officer”, substitute “ACC authorising officer”. 22 Subsection 15T(4) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 23 Subsection 15U(2) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 24 Paragraph 15UA(1)(b) Repeal the paragraph, substitute: (b) the Chief Executive Officer of the ACC; 25 Subsection 15UA(2) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 26 Paragraph 15UB(1)(a) Omit “National Crime Authority”, substitute “ACC”. 27 Paragraph 15UB(1)(b) Omit “National Crime Authority”, substitute “ACC”. 28 Subsection 15XA(1) (paragraph (c) of the definition of Commonwealth participating agency) Repeal the paragraph, substitute: (c) the ACC; 29 Section 85ZL (paragraph (c) of the definition of law enforcement agency) Repeal the paragraph, substitute: (c) the ACC; 30 Section 85ZL (paragraph (d) of the definition of law enforcement agency) Repeal the paragraph. Criminal Code Act 1995 31 Section 146.1 (paragraph (b) of the definition of Commonwealth law enforcement officer) Repeal the paragraph, substitute: (b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002; or (ba) an examiner (within the meaning of that Act); or 32 Section 146.1 (paragraph (c) of the definition of Commonwealth law enforcement officer) Repeal the paragraph, substitute: (c) a member of the staff of the ACC (within the meaning of that Act); or Customs Act 1901 33 Subsection 219A(1) Insert: > ACC means the Australian Crime Commission. 34 Subsection 219A(1) (paragraph (a) of the definition of chief officer) Repeal the paragraph, substitute: (a) where the agency is the ACC—the Chief Executive Officer of the ACC; and 35 Subsection 219A(1) (definition of Commonwealth law enforcement agency) Omit “National Crime Authority”, substitute “ACC”. 36 Subsection 219A(1) Insert: > member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. 37 Subsection 219A(1) (paragraph (a) of the definition of official) Repeal the paragraph, substitute: (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC; and 38 Paragraph 219B(4A)(a) Repeal the paragraph, substitute: (a) where the agency is the ACC—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of a police force who is a member of the staff of the ACC; and Customs Administration Act 1985 39 Subsection 16(1A) (paragraph (b) of the definition of Commonwealth agency) Omit “and”. 40 Subsection 16(1A) (paragraph (c) of the definition of Commonwealth agency) Repeal the paragraph. Financial Transaction Reports Act 1988 41 Subsection 3(1) Insert: > ACC means the Australian Crime Commission. 42 Subsection 3(1) (definition of acting member of the NCA) Repeal the definition. 43 Subsection 3(1) (definition of Australian Bureau of Criminal Intelligence) Repeal the definition. 44 Subsection 3(1) Insert: > Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002. 45 Subsection 3(1) Insert: > examiner has the same meaning as in the Australian Crime Commission Act 2002. 46 Subsection 3(1) (definition of Inter‑Governmental Committee) Omit “NCA Act”, substitute “Australian Crime Commission Act 2002”. 47 Subsection 3(1) (definition of member of the NCA) Repeal the definition. 48 Subsection 3(1) Insert: > member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. 49 Subsection 3(1) (definition of member of the staff of the NCA) Repeal the definition. 50 Subsection 3(1) (definition of NCA) Repeal the definition. 51 Subsection 3(1) (definition of NCA Act) Repeal the definition. 52 Subsection 16(6) (definition of investigating officer) Omit “a member, or member of staff, of the NCA”, substitute “an examiner or a member of the staff of the ACC”. 53 Subsection 16(6) (paragraph (b) of the definition of relevant authority) Repeal the paragraph, substitute: (b) the Chief Executive Officer of the ACC; or 54 Paragraph 26(1)(c) Repeal the paragraph, substitute: (c) where the officer is an examiner or a member of the staff of the ACC—the Chief Executive Officer of the ACC; or 55 Subsection 27(1A) Omit “the Australian Bureau of Criminal Intelligence and”. 56 Subsection 27(1A) Omit “the Bureau or the Commission (as the case requires)”, substitute “the Commission”. 57 Subsection 27(5) Omit “NCA obtains FTR information”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC obtains FTR information”. 58 Before paragraph 27(5)(a) Insert: (aaa) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; and 59 Paragraph 27(5)(a) Omit “NCA may”, substitute “Chair of the Board of the ACC may”. 60 Paragraph 27(5)(a) Omit “NCA under subsection 59(4) of the NCA Act”, substitute “Chair under subsection 59(4) of the Australian Crime Commission Act 2002”. 61 Paragraph 27(5)(aa) Omit “NCA may”, substitute “Chair of the Board of the ACC may”. 62 Paragraph 27(5)(aa) Omit “National Crime Authority under subsection 59(6A) of the NCA Act”, substitute “Australian Crime Commission under subsection 59(6A) of the Australian Crime Commission Act 2002”. 63 After paragraph 27(5)(aa) Insert: (ab) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the Australian Crime Commission Act 2002; and 64 Paragraph 27(5)(b) Repeal the paragraph, substitute: (b) an examiner may divulge the information in the course of such an examination before the examiner; and 65 Paragraph 27(5)(c) Omit “the NCA may”, substitute “an examiner or a member of the staff of the ACC may”. 66 Paragraph 27(5)(d) Omit “paragraphs (a), (aa), (b) and (c), the NCA”, substitute “paragraphs (aaa), (a), (aa), (ab), (b) and (c), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner and a member of the staff of the ACC”. 67 Subparagraph 27(6)(a)(i) Omit “NCA”, substitute “Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC”. 68 Subparagraph 27(6)(a)(i) Omit “its functions”, substitute “the ACC’s functions”. 69 Subsection 27(9) Omit “NCA”, substitute “Chief Executive Officer of the ACC, the Chair of the Board of the ACC, an examiner, a member of the staff of the ACC”. 70 Subsection 27(10) Omit “the NCA”, substitute “an examiner”. 71 Paragraph 27(14)(a) Omit “NCA”, substitute “ACC”. 72 Paragraph 27(15)(a) Repeal the paragraph, substitute: (a) the Chief Executive Officer of the ACC; 73 Paragraph 27(15)(b) Repeal the paragraph, substitute: (b) an examiner or a member of the staff of the ACC; 74 Paragraphs 27(15)(c) and (d) Repeal the paragraphs. 75 Paragraph 27(16)(g) Repeal the paragraph. 76 Paragraph 27(17)(s) Repeal the paragraph. Human Rights and Equal Opportunity Commission Act 1986 77 Paragraph 24(2)(b) Omit “National Crime Authority”, substitute “Australian Crime Commission”. National Crime Authority Legislation Amendment Act 2001 78 Subsection 4(1) After “(the NCA Act)”, insert “and the Australian Crime Commission Act 2002 (the ACC Act)”. 79 Paragraph 4(4)(a) After “Authority”, insert “and the Australian Crime Commission”. 80 Subsection 4(5) After “NCA Act”, insert “and the ACC Act”. 81 After subsection 4(7) Insert: (7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report. 82 Subsection 4(8) Omit “that Act” (wherever occurring), substitute “the NCA Act”. 83 After subsection 4(8) Insert: (8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report: (a) divulging or communicating information to the responsible person; (b) recording information; (c) providing a record of information to the responsible person. Ombudsman Act 1976 84 Subsection 3(1) Insert: > ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002. 85 Subsection 3(1) Insert: > Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002. 86 Subsection 3(1) (definition of law enforcement agency) Omit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”. 87 Subsection 3(1) (definition of National Crime Authority) Repeal the definition. 88 Subsection 3(13A) Omit “National Crime Authority”, substitute “ACC”. 89 Paragraph 5(2)(b) Omit “other than action taken by a Justice or Judge in his or her capacity as a member of the National Crime Authority”. 90 Subparagraph 6A(1)(a)(i) Omit “National Crime Authority”, substitute “ACC”. Note: The heading to section 6A is altered by omitting “National Crime Authority” and substituting “ACC”. 91 Subsection 8B(1) Omit “National Crime Authority, or a member of the staff of the Authority,”, substitute “ACC, or a member of the staff of the ACC,”. Note: The heading to section 8B is altered by omitting “National Crime Authority” and substituting “ACC”. 92 Subsection 8B(8) Repeal the subsection, substitute: (8) In this section: > member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002. 93 Paragraph 9(3)(e) Omit “National Crime Authority”, substitute “ACC or the Board of the ACC”. 94 Subsection 35B(1) Omit “disclosure of certain NCA information”, substitute “disclosure of certain ACC information”. Note: The heading to section 35B is altered by omitting “NCA” and substituting “ACC”. 95 Paragraph 35B(1)(c) Repeal the paragraph, substitute: (c) the proper performance of the functions of the ACC; or 96 Subsection 35B(1) Omit “disclose the NCA information”, substitute “disclose the ACC information”. 97 Subsection 35B(2) Insert: > ACC information means information or the contents of a document or a record that is, or was, in the possession or under the control of the ACC or the Board of the ACC. 98 Subsection 35B(2) (definition of NCA information) Repeal the definition. Privacy Act 1988 99 Subsection 6(1) Insert: > ACC means the Australian Crime Commission. 100 Subsection 6(1) Insert: > Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002. 101 Subsection 6(1) (paragraph (b) of the definition of enforcement body) Repeal the paragraph, substitute: (b) the ACC; or 102 Subparagraph 7(1)(a)(iv) Repeal the subparagraph, substitute: (iv) the ACC; or 103 Paragraph 7(1)(h) Repeal the paragraph, substitute: (h) the ACC or the Board of the ACC. 104 Paragraph 7(2)(c) Repeal the paragraph, substitute: (c) the ACC or the Board of the ACC. 105 Subsection 18K(5) (note) Omit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”. 106 Paragraph 70(2)(b) Omit “National Crime Authority”, substitute “ACC”. Proceeds of Crime Act 1987 107 Subsection 4(1) Insert: > ACC means the Australian Crime Commission. 108 Subsection 4(1) (definition of law enforcement authority) Omit “National Crime Authority”, substitute “ACC”. 109 Paragraph 39(2)(b) Omit “a special investigation being conducted by the National Crime Authority”, substitute “a special ACC operation/investigation”. 110 Subsection 39(2) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 111 Subsection 39(3) Repeal the subsection, substitute: (3) In this section: > special ACC operation/investigation has the same meaning as in the Australian Crime Commission Act 2002. 112 Subsection 40(10) (paragraph (b) of the definition of responsible custodian) Omit “Chair of the National Crime Authority”, substitute “Chief Executive Officer of the ACC”. 113 At the end of paragraph 74(1)(a) Add “or”. 114 Paragraph 74(1)(b) Repeal the paragraph, substitute: (b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or 115 Subparagraph 74(2)(a)(i) Omit “or a member, or member of staff, of the National Crime Authority”, substitute “or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)”. Proceeds of Crime Act 2002 116 Paragraph 213(3)(d) Repeal the paragraph, substitute: (d) the Chief Executive Officer of the Australian Crime Commission; or (e) an examiner (within the meaning of the Australian Crime Commission Act 2002). 117 Section 338 (paragraph (b) of the definition of authorised officer) Repeal the paragraph, substitute: (b) any of the following: (i) the Chief Executive Officer of the Australian Crime Commission; (ii) an examiner (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission; (iii) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or Radiocommunications Act 1992 118 Paragraph 27(1)(bc) Repeal the paragraph, substitute: (bc) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002; or Retirement Savings Accounts Act 1997 119 Subparagraph 114(3)(c)(ii) Repeal the subparagraph, substitute: (ii) the Chief Executive Officer of the Australian Crime Commission; or Royal Commissions Act 1902 120 Section 1B (definition of Australian Bureau of Criminal Intelligence) Repeal the definition. 121 Paragraph 6P(1)(da) Repeal the paragraph. 122 Subsection 6P(2A) Omit “an investigation being conducted by the National Crime Authority”, substitute “the performance of the functions of the Australian Crime Commission”. 123 Subsection 6P(2A) Omit “to the National Crime Authority”, substitute “to the Chief Executive Officer of the Australian Crime Commission”. Superannuation Industry (Supervision) Act 1993 124 Subparagraph 284(3)(c)(ii) Repeal the subparagraph, substitute: (ii) the Chief Executive Officer of the Australian Crime Commission; or Taxation Administration Act 1953 125 Subsection 2(1) (paragraph (d) of the definition of head) Repeal the paragraph, substitute: (d) in the case of the Australian Crime Commission—the Chief Executive Officer of the Commission; 126 Subsection 2(1) (paragraph (daa) of the definition of head) Repeal the paragraph. 127 Subsection 2(1) (paragraph (d) of the definition of law enforcement agency) Repeal the paragraph, substitute: (d) the Australian Crime Commission; 128 Subsection 2(1) (paragraph (daa) of the definition of law enforcement agency) Repeal the paragraph. 129 Subsection 3D(1) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. Note: The heading to section 3D is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”. 130 Subsection 3D(2) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 131 Subsection 3D(3) Repeal the subsection. 132 Subsection 3D(4) Omit “the Authority is conducting a special investigation and”, substitute “a special ACC operation/investigation is being carried out and the Chief Executive Officer of the ACC”. 133 Subsection 3D(4) Omit “investigation, a member or acting member”, substitute “operation or investigation, the Chief Executive Officer of the ACC”. 134 Paragraph 3D(5)(a) Omit “special investigation”, substitute “operation or investigation”. 135 Subsection 3D(6) Omit “A member or acting member”, substitute “The Chief Executive Officer of the ACC”. 136 Paragraph 3D(7)(a) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 137 Paragraph 3D(7)(b) Omit “Authority from”, substitute “Chief Executive Officer of the ACC from”. 138 Paragraph 3D(7)(b) Omit “Authority is”, substitute “Chief Executive Officer of the ACC is”. 139 Paragraph 3D(7)(b) Omit “a member or acting member”, substitute “the Chief Executive Officer of the ACC”. 140 Paragraph 3D(7)(b) Omit “Commissioner or to the Authority”, substitute “Commissioner or to the Chief Executive Officer of the ACC”. 141 Paragraph 3D(8)(b) Omit “special investigation”, substitute “operation or investigation”. 142 Subparagraph 3D(8)(c)(i) Omit “special investigation”, substitute “operation or investigation”. 143 Subparagraph 3D(8)(c)(ii) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 144 Subsection 3D(9) Omit “a special investigation is readily obtainable by the Authority”, substitute “an operation or investigation is readily obtainable by the Chief Executive Officer of the ACC”. 145 Subsection 3D(9) Omit “the investigation that may result if the Authority”, substitute “the operation or investigation that may result if the Chief Executive Officer of the ACC”. 146 Paragraph 3D(10)(b) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 147 Subsection 3D(11) After “Subject to subsections (12) and (13), where”, insert “information is communicated to the Chief Executive Officer of the ACC under”. 148 Paragraphs 3D(11)(a) and (b) Repeal the paragraphs, substitute: (a) subsection (1) or (2); or (b) an order made under subsection (7); 149 Before paragraph 3D(11)(c) Insert: (ba) the Chief Executive Officer of the ACC may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Board of the ACC; 150 Paragraph 3D(11)(c) Omit “Authority may”, substitute “Chair of the Board of the ACC may”. 151 Paragraph 3D(11)(c) Omit “Authority under subsection 59(4) of the relevant Act”, substitute “Chair under subsection 59(4) of the ACC Act”. 152 After paragraph 3D(11)(c) Insert: (ca) the Chief Executive Officer of the ACC may communicate the information to an examiner who is conducting an examination under Division 2 of Part II of the ACC Act; 153 Paragraph 3D(11)(d) Repeal the paragraph, substitute: (d) an examiner may divulge the information in the course of such an examination before the examiner; 154 Paragraph 3D(11)(e) Omit “Authority may”, substitute “Chief Executive Officer of the ACC may”. 155 Paragraph 3D(11)(e) Omit “Authority is”, substitute “Chief Executive Officer of the ACC is”. 156 Paragraph 3D(11)(f) Repeal the paragraph, substitute: (f) subject to paragraphs (ba), (c), (ca), (d) and (e), the Chief Executive Officer of the ACC, the Chair of the Board of the ACC and an examiner must not divulge or communicate the information except to a member of the staff of the ACC for the purposes of, or in connection with: (i) in a case where paragraph (a) applies—a tax‑related investigation; or (ii) in a case where paragraph (b) applies—a special ACC operation/investigation; 157 Paragraph 3D(11)(g) Omit “a member or acting member shall”, substitute “the Chief Executive Officer of the ACC, the Chair of the Board of the ACC or an examiner must”. 158 Paragraph 3D(11)(j) Omit “a person of a kind referred to in subparagraph (f)(i), (ii) or (iii)”, substitute “a member of the staff of the ACC”. 159 Subparagraph 3D(11)(j)(i) Omit “such person, or to the Authority,”, substitute “member of the staff of the ACC, or to an examiner,”. 160 Sub‑subparagraph 3D(11)(j)(i)(A) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 161 Sub‑subparagraph 3D(11)(j)(i)(B) Omit “Authority”, substitute “Chief Executive Officer of the ACC”. 162 Sub‑subparagraph 3D(11)(j)(i)(B) Omit “a special investigation”, substitute “a special ACC operation/investigation”. 163 Sub‑subparagraph 3D(11)(j)(i)(C) Repeal the sub‑subparagraph. 164 Subsection 3D(13) Omit “the Authority”, substitute “an examiner”. 165 Subsection 3D(16) Repeal the subsection, substitute: (16) If information is communicated to the Chief Executive Officer of the ACC under subsection (1) or (2) or under an order made under subsection (7), then nothing in subsection (11), (14), (15) or (17) prohibits: (a) the communication of the information to a person for the purposes of, or in connection with, the prosecution of a person for a taxation offence; or (b) if the information is admissible in a prosecution of a person for a taxation offence—the communication of the information to a court in the course of proceedings before that court against the last‑mentioned person for that offence. > Note: A defendant bears an evidential burden in relation to the matters in subsection (16), see subsection 13.3(3) of the Criminal Code. 166 Subsection 3D(17) Omit “paragraph (16)(c)”, substitute “paragraph (16)(a)”. 167 Subsection 3D(18) Omit “relevant Act”, substitute “ACC Act”. 168 Subsection 3D(18) Omit “Authority, to a member or acting member of the Authority, or to a member of the staff of the Authority”, substitute “Chief Executive Officer of the ACC, to an examiner, or to a member of the staff of the ACC”. 169 Subsection 3D(20) Repeal the subsection. 170 Subsection 3D(22) Insert: > ACC means the Australian Crime Commission. 171 Subsection 3D(22) Insert: > ACC Act means the Australian Crime Commission Act 2002. 172 Subsection 3D(22) Insert: > ACC operation/investigation has the same meaning as in the ACC Act. 173 Subsection 3D(22) (definition of acting member) Repeal the definition. 174 Subsection 3D(22) (definition of Authority) Repeal the definition. 175 Subsection 3D(22) Insert: > Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act. 176 Subsection 3D(22) Insert: > examiner has the same meaning as in the ACC Act. 177 Subsection 3D(22) (definition of Inter‑Governmental Committee) Omit “relevant Act”, substitute “ACC Act”. 178 Subsection 3D(22) (definition of member) Repeal the definition. 179 Subsection 3D(22) Insert: > member of the staff of the ACC has the same meaning as in the ACC Act. 180 Subsection 3D(22) (definition of member of the staff of the Authority) Repeal the definition. 181 Subsection 3D(22) (definition of prescribed information) Repeal the definition. 182 Subsection 3D(22) (definition of prescribed investigation) Repeal the definition. 183 Subsection 3D(22) (definition of relevant Act) Repeal the definition. 184 Subsection 3D(22) Insert: > special ACC operation/investigation has the same meaning as in the ACC Act. 185 Subsection 3D(22) (definition of special investigation) Repeal the definition. 186 Subsection 3D(22) (definition of taxation secrecy provision) Omit “relevant Act”, substitute “ACC Act”. 187 Subsection 3D(22) (definition of tax‑related investigation) Omit “a prescribed investigation”, substitute “an ACC operation/investigation”. Telecommunications Act 1997 188 Section 7 (paragraph (c) of the definition of agency) Repeal the paragraph, substitute: (c) the Australian Crime Commission; or 189 Subsection 282(10) (paragraph (c) of the definition of criminal law‑enforcement agency) Repeal the paragraph, substitute: (c) the Australian Crime Commission; or Telecommunications (Interception) Act 1979 190 Subsection 5(1) Insert: > ACC means the Australian Crime Commission. 191 Subsection 5(1) Insert: > ACC Act means the Australian Crime Commission Act 2002. 192 Subsection 5(1) Insert: > ACC operation/investigation has the same meaning as in the ACC Act. 193 Subsection 5(1) (definition of Authority) Repeal the definition. 194 Subsection 5(1) (definition of Authority Act) Repeal the definition. 195 Subsection 5(1) Insert: > Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act. 196 Subsection 5(1) (paragraph (b) of the definition of certifying officer) Repeal the paragraph, substitute: (b) in the case of the ACC: (i) the Chief Executive Officer of the ACC or an examiner; or (ii) a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or 197 Subsection 5(1) (paragraph (b) of the definition of chief officer) Repeal the paragraph, substitute: (b) in the case of the ACC—the Chief Executive Officer of the ACC; or 198 Subsection 5(1) (definition of class 1 offence) Omit “Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act”, substitute “ACC, includes an offence in relation to which the ACC is conducting a special investigation”. 199 Subsection 5(1) (paragraph (b) of the definition of Commonwealth agency) Repeal the paragraph, substitute: (b) the ACC. 200 Subsection 5(1) Insert: > examiner has the same meaning as in the ACC Act. 201 Subsection 5(1) Insert: > federally relevant criminal activity has the same meaning as in the ACC Act. 202 Subsection 5(1) (definition of member of the Authority) Repeal the definition. 203 Subsection 5(1) Insert: > member of the staff of the ACC has the same meaning as in the ACC Act. 204 Subsection 5(1) (definition of member of the staff of the Authority) Repeal the definition. 205 Subsection 5(1) (paragraph (b) of the definition of officer) Repeal the paragraph, substitute: (b) in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or 206 Subsection 5(1) (subparagraph (a)(v) of the definition of permitted purpose) Omit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”. 207 Subsection 5(1) (after paragraph (a) of the definition of permitted purpose) Insert: (aa) in the case of the ACC: (i) an ACC operation/investigation; or (ii) a report to the Board of the ACC on the outcome of such an operation or investigation; 208 Subsection 5(1) (paragraph (a) of the definition of prescribed investigation) Repeal the paragraph, substitute: (a) in the case of the ACC—means an ACC operation/investigation; or 209 Subsection 5(1) (paragraph (b) of the definition of relevant offence) Omit “Authority”, substitute “ACC”. 210 Subsection 5(1) Insert: > special investigation means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation. 211 Subparagraph 6A(1)(c)(i) Omit “Authority”, substitute “ACC”. 212 Paragraph 6L(2)(a) Omit “Authority”, substitute “ACC”. 213 Paragraph 35(1)(a) Omit “Chair of the Authority”, substitute “Chief Executive Officer of the ACC”. 214 Paragraph 39(2)(b) Repeal the paragraph, substitute: (b) in the case of the ACC: (i) the Chief Executive Officer of the ACC or an examiner; or (ii) a member of a police force who is a member of the staff of the ACC; or 215 Paragraph 71(2)(d) Repeal the paragraph, substitute: (d) the Chief Executive Officer of the ACC. 216 Subsection 80(2) Omit “Chair of the Authority shall cause to be kept in the Authority’s records”, substitute “Chief Executive Officer of the ACC must cause to be kept in the ACC’s records”. 217 Paragraph 80(2)(a) Omit “Authority”, substitute “ACC”. 218 Paragraph 80(2)(d) Omit “Authority”, substitute “ACC”. 219 Paragraph 80(2)(e) Omit “Chair”, substitute “Chief Executive Officer”. 220 Subsection 81(2) Omit “Chair of the Authority shall”, substitute “Chief Executive Officer of the ACC must”. 221 Paragraphs 81(2)(a), (b) and (ba) Omit “Authority”, substitute “ACC”. 222 Paragraph 81(2)(c) Omit “Authority” (wherever occurring), substitute “ACC”. 223 Paragraphs 81(2)(d) and (e) Omit “Authority”, substitute “ACC”. 224 Paragraph 81(2)(f) Omit “Authority” (wherever occurring), substitute “ACC”. Witness Protection Act 1994 225 Section 3 (paragraph (b) of the definition of approved authority) Repeal the paragraph, substitute: (b) the Chief Executive Officer of the Australian Crime Commission; or Part 2—Transitional provisions 226 Transitional regulations (1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule. (2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item. Schedule 3—Contingent amendments Note: The operation of the amendments in this Schedule depends on when the Proceeds of Crime Act 2002 commences. Part 1—Amendments Note: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003. Australian Crime Commission Act 2002 1 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime) Omit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”. Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). 2 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime) Insert: and (da) that is: (i) punishable by imprisonment for a period of 3 years or more; or (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002; Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). 3 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime) Omit “and”. Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). 4 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime) Repeal the paragraph. Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). 5 Subsection 12(1B) Omit “Where, in carrying out or co‑ordinating an investigation in relation to a relevant criminal activity, the Authority obtains evidence that would be admissible in confiscation proceedings, it may”, substitute “Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may”. Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). 6 Paragraph 61(2)(ea) Omit “its investigations”, substitute “investigations by the ACC”. Note: If section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003, this item does not commence at all. See subsection 2(3). Part 2—Alternative amendments Note: The amendments in this Part operate if section 3 of the Proceeds of Crime Act 2002 commences on or after 1 January 2003. Australian Crime Commission Act 2002 7 Subsection 4(1) Insert: > confiscation proceeding means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002, or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 8 Subsection 4(1) (paragraph (d) of the definition of serious and organised crime) Omit “that is of a kind prescribed by the regulations or involves any of the following:”, substitute “that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:”. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 9 Subsection 4(1) (after paragraph (d) of the definition of serious and organised crime) Insert: and (da) that is: (i) punishable by imprisonment for a period of 3 years or more; or (ii) a serious offence within the meaning of the Proceeds of Crimes Act 2002; Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 10 Subsection 4(1) (paragraph (f) of the definition of serious and organised crime) Omit “and”. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 11 Subsection 4(1) (paragraph (g) of the definition of serious and organised crime) Repeal the paragraph. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 12 After subsection 12(1) Insert: (1A) Where 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 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 commence the confiscation proceedings. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 13 Subsection 30(5) Omit all the words from and including “other than a proceeding”, substitute: other than: (c) confiscation proceedings; or (d) a proceeding in respect of: (i) in the case of an answer—the falsity of the answer; or (ii) in the case of the production of a document—the falsity of any statement contained in the document. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 14 After paragraph 61(2)(e) Insert: (ea) the extent to which investigations by the ACC have resulted in confiscation proceedings; Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 15 Heading before item 33 of Schedule 6 Repeal the heading. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). 16 Items 33 to 39 of Schedule 6 Repeal the items. Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). Telecommunications (Interception) Act 1979 17 Paragraph 6L(2)(a) Omit “Authority”, substitute “ACC”. (215/02) Note: If section 3 of the Proceeds of Crime Act 2002 commences before 1 January 2003, this item does not commence at all. See subsection 2(4). \[Minister’s second reading speech made in— House of Representatives on 26 September 2002 Senate on 15 November 2002\]