NORTHERN TERRITORY OF AUSTRALIA
AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005
As in force at 31 May 2017
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Act binds Crown .............................................................................. 5
Part 2 Australian Crime Commission, Board and
Inter-Government Committee
Division 1 Australian Crime Commission
5 Functions of ACC ............................................................................ 5
6 CEO to manage ACC operations/investigations .............................. 5
7 Counsel assisting ACC .................................................................... 6
Division 2 Board of ACC
8 Functions of Board .......................................................................... 6
9 Board meetings ............................................................................... 7
10 Presiding at Board meetings............................................................ 7
11 Quorum at Board meetings.............................................................. 7
12 Voting at Board meetings ................................................................ 8
13 Conduct of Board meetings ............................................................. 8
14 Resolutions outside of Board meetings ........................................... 8
15 Board committees............................................................................ 9
Division 3 Inter-Governmental Committee
16 Functions of Committee ................................................................... 9
Part 3 Examinations
17 Examinations ................................................................................. 11
18 Conduct of examination ................................................................. 11
19 Power to summon witnesses and take evidence ........................... 14
20 Power to obtain documents ........................................................... 15
21 Disclosure of summons or notice may be prohibited ..................... 16
22 Offences of disclosure ................................................................... 17
23 Failure of witnesses to attend and answer questions .................... 19
24 Warrant for arrest of witness.......................................................... 21
Australian Crime Commission (Northern Territory) Act 2005 ii
25 False or misleading evidence ........................................................ 22
26 Protection of witnesses from harm or intimidation ......................... 22
27 Legal protection of examiners, legal practitioners and
witnesses ....................................................................................... 23
28 Order for delivery to examiner of passport of witness .................... 23
Part 4 Search warrants
29 Search warrants ............................................................................ 24
30 Application by telephone for search warrants ................................ 27
Part 5 Performance of functions and exercise of
powers
31 Consent of Board may be needed before functions can be
performed ...................................................................................... 29
32 Functions not affected by Territory laws ........................................ 29
33 Extent to which functions are conferred ......................................... 29
34 Performance of functions ............................................................... 29
35 Functions of federal judicial officers............................................... 30
36 Limitation on challenge to Board determination ............................. 31
37 Cooperation with law enforcement agencies and coordination
with overseas authorities ............................................................... 31
38 Incidental powers of ACC .............................................................. 31
Part 6 General
39 Double jeopardy ............................................................................ 32
40 Arrangements for Board to obtain information or intelligence ........ 32
41 Administrative arrangements with Commonwealth ........................ 32
42 Judges to perform functions under ACC Act.................................. 32
43 Providing reports and information .................................................. 32
44 Secrecy.......................................................................................... 35
45 Delegation ..................................................................................... 36
46 Liability for damages...................................................................... 36
47 Obstructing, hindering or disrupting ACC or examiner .................. 36
48 Public meetings and bulletins ........................................................ 37
49 Annual report ................................................................................. 37
50 Things done for multiple purposes................................................. 38
51 Regulations.................................................................................... 38
Part 7 Repeals and transitional matters for
Australian Crime Commission (Northern
Territory) Act 2005
52 Repeal ........................................................................................... 39
53 Terms used in this Part .................................................................. 39
54 Certain investigations taken to be special investigations ............... 39
Australian Crime Commission (Northern Territory) Act 2005 iii
55 Assembling and giving evidence obtained by NCA ....................... 39
56 Limitation on challenges to validity of references .......................... 39
57 Arrangements to obtain information or intelligence........................ 40
58 Things seized under search warrants ............................................ 40
59 Directions as to publication ............................................................ 40
60 Disclosure of summons or notice................................................... 40
61 Witness protection ......................................................................... 40
62 Administrative arrangements in relation to NCA ............................ 41
63 Secrecy obligations ....................................................................... 41
64 Transitional regulations ................................................................. 41
Schedule Repealed Acts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 31 May 2017
AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005
An Act to provide for the operation of the Australian Crime Commission
in the Northern Territory and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Australian Crime Commission
(Northern Territory) Act 2005.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Interpretation
(1) In this Act:
ACC Act means the Australian Crime Commission Act 2002 of the
Commonwealth.
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 5(a).
ACC Territory investigation means an investigation that the ACC
is conducting under section 5(b).
authority includes a department, agency or body.
Commonwealth body or person means:
(a) the ACC;
(b) the Board;
Part 1 Preliminary
Australian Crime Commission (Northern Territory) Act 2005 2
(c) the Chair of the Board;
(d) a member of the Board;
(e) the Inter-Governmental Committee;
(f) the CEO;
(g) a member of the staff of the ACC;
(h) an examiner;
(i) a Judge of the Federal Court; or
(j) a Judge of the Federal Circuit Court.
Commonwealth Minister means the Commonwealth Minister
administering the ACC Act.
confer includes to impose.
function has a meaning affected by subsection (4).
intelligence operation means the collection, correlation, analysis
or dissemination of criminal information and intelligence relating to
a relevant criminal activity.
issuing officer means:
(a) a Judge of the Federal Court;
(b) a Judge of the Supreme Court; or
(c) a Judge of the Federal Circuit Court.
perform includes to exercise.
serious and organised crime means an offence:
(a) that involves 2 or more offenders and substantial planning and
organisation;
(b) that involves, or is of a kind that ordinarily involves, the use of
sophisticated methods and techniques;
(c) that is committed, or is of a kind that is ordinarily committed, in
conjunction with other offences of a like kind;
Part 1 Preliminary
Australian Crime Commission (Northern Territory) Act 2005 3
(d) that is an offence of a kind prescribed by 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;
(ix) extortion;
(x) violence;
(xi) bribery or corruption of, or by, an officer of the
Commonwealth or an officer of a State or 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; or
(e) that is punishable by imprisonment for a period of 3 years or
more,
Part 1 Preliminary
Australian Crime Commission (Northern Territory) Act 2005 4
but does not include:
(f) 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; or
(g) an offence the time for the commencement of a prosecution
for which has expired.
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.
State or Territory means a State of the Commonwealth, the
Northern Territory, the Australian Capital Territory or an external
Territory.
Territory Minister means the Northern Territory Minister principally
responsible for administering the Police Administration Act 1978.
the Territory means the Northern Territory of Australia.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) 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 unless the
contrary intention appears in this Act.
(3) 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.
(4) A reference in this Act (other than in Part 2) to a function includes a
reference to a power or duty.
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 1 Australian Crime Commission
Australian Crime Commission (Northern Territory) Act 2005 5
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Australian Crime Commission, Board and Inter-
Government Committee
Division 1 Australian Crime Commission
5 Functions of ACC
The ACC has the following functions:
(a) to undertake 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 the
Territory (irrespective of whether that offence or those
offences have a federal aspect);
(b) to investigate a matter relating to a relevant criminal activity, 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 the Territory (irrespective of whether that
offence or those offences have a federal aspect);
(c) to provide a report to the Board on the outcome of an
operation mentioned in paragraph (a) or an investigation
mentioned in paragraph (b);
(d) the functions conferred on the ACC by other provisions of this
Act or any other Act or Commonwealth Act.
6 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
section 55A(3) of the ACC Act to the ACC undertaking an
intelligence operation under section 5(a) or conducting an
investigation under section 5(b), the CEO must determine, in
writing, the head of the operation or investigation.
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 2 Board of ACC
Australian Crime Commission (Northern Territory) Act 2005 6
(3) Before the CEO determines the head of the operation or
investigation, the CEO must consult the Chair of the Board, and the
other members of the Board the CEO thinks appropriate, in relation
to the determination.
(4) Subject to the consultation with the examiners as is appropriate and
practicable, the CEO may make arrangements as to the examiner
who is to be able to exercise his or her powers under this Act in
relation to a special ACC operation/investigation.
7 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 Board of ACC
8 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 persons to
participate in an ACC Territory intelligence operation or ACC
Territory investigation;
(c) to establish task forces;
(d) the other functions conferred on 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.
(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.
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 2 Board of ACC
Australian Crime Commission (Northern Territory) Act 2005 7
(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;
(b) state that the serious and organised crime is, or the serious
and organised crimes are or include, an offence or offences
against a law of the Territory but need not specify 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 9 to 15 (inclusive) have effect in relation to the Board's
functions under this Act.
9 Board meetings
(1) The Chair of the Board may convene meetings of the Board.
(2) The Chair, in exercising his or her power to convene meetings,
must ensure that meetings of the Board are scheduled to meet the
requirements set out in section 7D of the ACC Act.
10 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.
11 Quorum at Board meetings
At a meeting of the Board a quorum is constituted by 9 Board
members (not including the CEO).
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 2 Board of ACC
Australian Crime Commission (Northern Territory) Act 2005 8
12 Voting at Board meetings
(1) Subject to this section, a question arising at a meeting of the Board
is to be determined 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.
13 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.
14 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 (not including 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 (not including
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.
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 3 Inter-Governmental Committee
Australian Crime Commission (Northern Territory) Act 2005 9
(2) The resolution is as valid and effectual as if it had been passed at a
meeting of the Board duly convened and held.
15 Board committees
(1) The Board may, with the unanimous agreement of all the members
of the Board (not including 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.
(3) The functions of a committee are those determined by the
unanimous agreement of all the members of the Board (not
including 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 performing 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 determined
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 he or she 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 3 Inter-Governmental Committee
16 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 8(2) or (4), 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.
Part 2 Australian Crime Commission, Board and Inter-Government Committee
Division 3 Inter-Governmental Committee
Australian Crime Commission (Northern Territory) Act 2005 10
(2) Subject to subsection (3), the Chair of the Board must comply with
the request.
(3) 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 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, he or
she:
(a) must determine in writing whether disclosure of the
information could prejudice the safety or reputation of persons
or the operations of law enforcement agencies;
(b) must provide copies of that determination to the Chair of the
Board and the Committee; and
(c) must not disclose his or her reasons for determining the
question of whether the information could prejudice the safety
or reputation of persons 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) The revocation takes effect when the CEO is so notified.
(9) To avoid doubt, the revoking of the determination does not affect
the validity of any act done in connection with the ACC
operation/investigation concerned before the CEO is so notified.
(10) The Committee does not have a duty to consider whether to
exercise the power under subsection (1) or (6) for any special
determination, whether the Committee is requested to do so by any
person, or in any other circumstances.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 11
Part 3 Examinations
17 Examinations
(1) An examiner may conduct an examination for the purposes of a
special ACC operation/investigation.
(2) For this Part, a reference to an examination is a reference to an
examination before an examiner.
18 Conduct of examination
(1) An examiner may regulate the conduct of proceedings at an
examination as the examiner thinks fit.
(2) At the examination:
(a) a person giving evidence may be represented by a legal
practitioner; and
(b) if, by reason 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) The examination must be held in private and the examiner may give
directions as to the persons who may be present during the
examination or a part of the examination.
(4) A direction given by the examiner under subsection (3) does not
prevent the presence, when evidence is being taken at the
examination, of:
(a) a person representing the person giving evidence; or
(b) a person representing, in accordance with subsection (2), a
person who, by reason of a direction given by the examiner
under subsection (3), is entitled to be present.
(5) A person (other than a member of the staff of the ACC approved by
the examiner) must not be present at an examination unless the
person is entitled to be present by reason of a direction given by the
examiner under subsection (3) or by reason of subsection (4).
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 12
(6) At the examination the following persons may, so far as the
examiner thinks appropriate, examine or cross-examine any
witness on any matter that the examiner considers relevant to the
ACC operation/investigation:
(a) counsel assisting the examiner generally or in relation to the
matter to which the ACC operation/investigation relates;
(b) any person authorised by the examiner to appear at the
examination;
(c) any legal practitioner representing a person at the examination
in accordance with subsection (2).
(7) If a person (other than a member of the staff of the ACC) is present
at an examination while another person (the witness) is giving
evidence, the examiner must:
(a) inform the witness that the person is present; and
(b) give the witness an opportunity to comment on the presence
of the person.
(8) To avoid doubt, a person does not cease to be entitled to be
present at an examination or part of an examination if:
(a) the examiner fails to comply with subsection (7); or
(b) a witness comments adversely on the presence of the person
under subsection (7)(b).
(9) An examiner may direct that the following must not be published, or
must not be published except in the way, and to the persons, that
the examiner specifies:
(a) any evidence given before the examiner;
(b) the contents of any document, or a description of any thing,
produced to the examiner;
(c) any information that might enable a person who has given
evidence before the examiner to be identified;
(d) the fact that any person has given or may be about to give
evidence at an examination.
(10) The examiner must give a direction under subsection (9) 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.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 13
(11) Subject to subsection (12), the CEO may, in writing, vary or revoke
a direction under subsection (9).
(12) 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.
(13) If:
(a) a person has been charged with an offence before a federal
court or before a court of the Territory; and
(b) the court considers that it may be desirable in the interests of
justice that particular evidence given before an examiner,
being evidence in relation to which the examiner has given a
direction under subsection (9), be made available to the
person or to a legal practitioner representing the person,
the court may give to the examiner or to the CEO a certificate to
that effect.
(14) If a court gives a certificate to the examiner or the CEO under
subsection (13), the examiner or the CEO must make the evidence
available to the court.
(15) If:
(a) the examiner or the CEO makes evidence available to a court
under 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 must not be present at the examination in contravention of
subsection (5) or make a publication in contravention of a direction
given under subsection (9).
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(17) At the conclusion of the examination, 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
Australian Crime Commission (Northern Territory) Act 2005 14
(b) any documents or other things given to the examiner at, or in
connection with, the examination.
19 Power to summon witnesses and take evidence
(1) An examiner may summon a person to appear at an examination to
give evidence and to produce any documents or other things
referred to in the summons.
(2) Before issuing a summons under subsection (1), the examiner
must:
(a) be satisfied that it is reasonable in all the circumstances to do
so; and
(b) record in writing the reasons for the issue of the summons.
(3) A summons under subsection (1) 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.
(4) Subject to subsection (5), a summons under subsection (1) must
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.
(5) The summons is not required to set out the matters required by
subsection (4) if the examiner 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.
(6) Subsection (4) does not prevent the examiner from questioning the
person in relation to any matter that relates to a special ACC
operation/investigation.
(7) The examiner who is holding an examination may require a person
appearing at the examination to produce a document or other thing.
(8) An examiner may, at an examination, take evidence on oath and for
that purpose:
(a) the examiner may require a person appearing at the
examination to give evidence to take an oath 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 to a person so
appearing at the examination.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 15
(9) In this section, a reference to a person who is an authorised person
in relation to the ACC is a reference to a person authorised in
writing, or a person included in a class of persons authorised in
writing, for this section by the CEO.
(10) The powers conferred by this section are not exercisable except for
the purposes of a special ACC operation/investigation.
20 Power to obtain documents
(1) An examiner may, by notice in writing served on a person, require
the person:
(a) to attend, at a time and place specified in the notice, before a
person specified in the notice, being the examiner or a
member of the staff of the ACC; and
(b) to produce, at the time and place and to the person specified
in the notice, a document or thing that is relevant to a special
ACC operation/investigation and is specified in the notice.
(2) Before issuing a notice under subsection (1), the examiner must:
(a) be satisfied that it is reasonable in all the circumstances to do
so; and
(b) record in writing the reasons for the issue of the notice.
(3) A notice may be issued under this section in relation to a special
ACC operation/investigation, whether or not an examination is
being held for the purposes of the operation or investigation.
(4) A person must not refuse or fail to comply with a notice served on
the person under this section.
Maximum penalty: 500 penalty units or imprisonment for
5 years.
(5) The provisions of section 23(3) to (8) (inclusive) and (10) apply in
relation to a person who is required to produce a document or thing
by a notice served on him or her under this section in the same way
as they apply in relation to a person who is required to produce a
document or thing at an examination.
(6) If there is a contravention of section 23(5) as applied by
subsection (5), the provisions of section 23(9) apply to that
contravention.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 16
21 Disclosure of summons or notice may be prohibited
(1) The examiner issuing a summons under section 19 or a notice
under section 20 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, specified in the
notation.
(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;
(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;
(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 conferred or imposed by section 22 on the person who
was served with, or otherwise given, the summons or notice.
(4) A notation that is included under this section in any summons or
notice relating to the operation or investigation is cancelled by this
subsection if, after the ACC has concluded the operation or
investigation concerned:
(a) no evidence of an offence has been obtained as described in
section 34(1);
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 17
(b) evidence of an offence or offences has been assembled and
given as required by section 34(1) and the CEO has been
advised that no person will be prosecuted;
(c) evidence of an offence or offences committed by only one
person has been assembled and given as required by
section 34(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 34(1) and criminal proceedings have begun:
(i) against all those persons; or
(ii) against one or more of those persons and the CEO has
been advised that no other of those persons will be
prosecuted.
(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 has the same meaning as in section 22.
22 Offences of disclosure
(1) A person who is served with, or otherwise given, a summons or
notice containing a notation made under section 21 must not
disclose:
(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.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) Subsection (1) does not prevent the person from making a
disclosure:
(a) in accordance with the circumstances, if any, specified in the
notation;
(b) to a legal practitioner for the purpose of obtaining legal advice
or representation relating to the summons, notice or matter;
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 18
(c) if the person is a body corporate – to an officer or agent of the
body corporate 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 23(4) to the legal practitioner answering a question or
producing a document at an examination before an examiner.
(3) If a disclosure is made to a person as permitted by subsection (2)
or (4), the following provisions apply:
(a) while he or she is a person of a kind to whom a disclosure is
so permitted to be made, he or she must not disclose the
existence of, or any information about, the summons or notice,
or any official matter connected with it, except as permitted by
subsection (4);
(b) while he or she is no longer a person of a kind to whom a
disclosure is permitted to be made, he or she must not, in any
circumstances, make a record of, or disclose the existence of,
the summons, notice or matter, or disclose any information
about any of them.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(4) A person to whom information has been disclosed, as permitted by
subsection (2) or this subsection, may disclose that information:
(a) if the person is an officer or agent of a body corporate referred
to in subsection (2)(c):
(i) to another officer or agent of the body corporate for the
purpose of ensuring compliance with the summons or
notice; or
(ii) to 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 – for the purpose of giving
legal advice, or making representations, relating to the
summons, notice or matter.
(5) This section ceases to apply to a summons or notice after the
sooner of:
(a) the cancellation of the notation contained in the summons or
notice by section 21(4); or
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 19
(b) the elapse of 5 years after the issue of the summons or notice.
(6) 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.
(7) In this section:
official matter means any of the following (whether past, present
or contingent):
(a) the determination referred to in section 19(3);
(b) an ACC operation/investigation;
(c) an examination held by an examiner;
(d) court proceedings.
23 Failure of witnesses to attend and answer questions
(1) A person served, as prescribed, with a summons to appear as a
witness at an examination must not:
(a) fail to attend as required by the summons; or
(b) fail to attend from day-to-day unless excused, or released
from further attendance, by the examiner.
(2) A person appearing as a witness at an examination must not:
(a) when required pursuant to section 19 to take an oath – refuse
or fail to comply with the requirement; or
(b) refuse or fail to answer a question that he or she is required to
answer by the examiner; or
(c) refuse or fail to produce a document or thing that he or she
was required to produce by a summons under this Act served
on him or her as prescribed.
(3) Subsection (4) applies if:
(a) a legal practitioner is required to answer a question or produce
a document at an examination; and
(b) the answer to the question would disclose, or the document
contains, a privileged communication made by or to the legal
practitioner in his or her capacity as a legal practitioner.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 20
(4) The legal practitioner is entitled to refuse to comply with the
requirement unless the person to whom or by whom the
communication was made agrees to the legal practitioner
complying with the requirement.
(5) If the legal practitioner refuses to comply with the requirement, he
or she must, if so required by the examiner, give the examiner the
name and address of the person to whom or by whom the
communication was made.
(6) Subsection (8) limits the use that can be made of any answers
given, or documents or things produced, at an examination.
(7) Subsection (8) only applies if:
(a) a person appearing as a witness at an examination:
(i) answers a question that he or she is required to answer
by the examiner; or
(ii) produces a document or thing that he or she was
required to produce by a summons under this Act served
on him or her 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 respect of his or
her 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 criminal proceeding or a proceeding for the
imposition of a penalty, other than:
(a) confiscation proceedings; or
(b) a proceeding in relation to:
(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.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 21
(9) A person who contravenes subsection (1), (2) or (5) is guilty of an
offence.
Maximum penalty: 500 penalty units or imprisonment for
5 years.
(10) Subsection (4) does not affect the law relating to client legal
privilege.
24 Warrant for arrest of witness
(1) On application by an examiner, a Judge of the Federal Court sitting
in chambers or a Judge of the Supreme Court may issue a warrant
for the apprehension of a person if the Judge is satisfied by
evidence on oath that there are reasonable grounds to believe:
(a) that a person who has been ordered, under section 28, to
deliver his or her 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;
(b) that a person in relation to whom a summons has been issued
under section 19(1):
(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 under section 23(1) or
is likely to do so.
(2) The warrant may be executed by any person 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) A member of the Australian Federal Police cannot execute the
warrant unless he or she is also a member of the staff of the ACC.
(4) The warrant may be executed even if the warrant is not at the time
in the possession of the person executing it.
(5) A person executing the warrant may only use such reasonable
force as is necessary for the execution.
(6) If a person is apprehended under the warrant, he or she must be
brought, as soon as practicable, before a Judge of the Federal
Court or a Judge of the Supreme Court.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 22
(7) The Judge may:
(a) admit the person to bail, with such security as the Judge
thinks fit, on such conditions as he or she thinks necessary to
ensure the appearance of the person as a witness before the
examiner;
(b) order the continued detention of the person for the purposes
of ensuring his or her appearance as such a witness; or
(c) order the release of the person.
(8) A person under detention under this section must be again brought
before a Judge:
(a) within 14 days after he or she was brought, or last brought,
before a Judge under this section; or
(b) within the shorter or longer time fixed by a Judge on the last
previous appearance of the person before a Judge under this
section.
(9) If a person is brought before a Judge under subsection (8), the
Judge may exercise any of the powers of a Judge under
subsection (7).
(10) In this section:
Australia includes the external Territories.
25 False or misleading evidence
A person must not give evidence at an examination that the person
knows is false or misleading in a material particular.
Maximum penalty: 500 penalty units or imprisonment for
5 years.
26 Protection of witnesses from harm or intimidation
(1) This section applies if it appears to an examiner that the safety of a
person may be prejudiced or the person may be subjected to
intimidation or harassment, by reason of the fact that the person:
(a) is to appear, is appearing or has appeared at an examination
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.
Part 3 Examinations
Australian Crime Commission (Northern Territory) Act 2005 23
(2) The examiner may make arrangements (including arrangements
with the Territory Minister or with members of the Australian
Federal Police or of the Police Force of the Territory) that are
necessary to avoid prejudice to the safety of the person, or to
protect the person from intimidation or harassment.
27 Legal protection of examiners, legal practitioners and
witnesses
(1) An examiner has, in the performance of his or her functions or the
exercise of his or her powers as an examiner in relation to an
examination, 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 has the same protection
and immunity as a legal practitioners appearing for a party in
proceedings 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 proceedings in the High Court.
28 Order for delivery to examiner of passport of witness
(1) Subsection (2) applies if, on application by an examiner, a Judge of
the Federal Court 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;
(b) there are reasonable grounds for believing that the person
may be able:
(i) to give to the examiner evidence or further evidence that
is; or
(ii) 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
Part 4 Search warrants
Australian Crime Commission (Northern Territory) Act 2005 24
(c) there are reasonable grounds for suspecting that the person
intends to leave Australia and has in his or her possession,
custody or control a passport issued to him or her.
(2) The Judge may make an order requiring the person to appear
before a Judge of the Federal Court on a date, and at a time and
place, specified in the order to show cause why he or she should
not be ordered to deliver the passport to the examiner.
(3) If a person appears before a Judge of the Federal Court under an
order made under subsection (2), the Judge may, if he or she thinks
fit, make an order:
(a) requiring the person to deliver to the examiner any passport
issued to him or her that is in his or her possession, custody or
control; and
(b) authorising the examiner to retain the passport until the
expiration of such period, not exceeding one month, as is
specified in the order.
(4) A Judge of the Federal Court may, on application by the examiner,
extend for a further period (not exceeding one month) or further
periods (not exceeding one month in each case) the period for
which the examiner is authorised to retain a passport under an
order made under subsection (3), but so that the total period for
which the examiner is authorised to retain the passport does not
exceed 3 months.
(5) A Judge of the Federal Court may, at any time while the examiner
is authorised under an order made under this section to retain a
passport issued to a person, on application made by the person,
revoke the order and, if the order is revoked, the examiner must
forthwith return the passport to the person.
(6) In this section:
Australia includes the external Territories.
Part 4 Search warrants
29 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), being the day on
which, or a particular day within one month after the day on
Part 4 Search warrants
Australian Crime Commission (Northern Territory) Act 2005 25
which, 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, the issuing officer
may issue a warrant authorising a person named in the warrant (the
authorised person), with the assistance the authorised person
thinks necessary and if necessary by force:
(a) to enter upon the land or upon or into the premises, vessel,
aircraft or vehicle;
(b) to search the land, premises, vessel, aircraft or vehicle for
things of the relevant kind;
(c) to seize any things of the relevant kind found upon the land or
upon or in the premises, vessel, aircraft or vehicle; and
(d) to deliver the things seized to any person participating in the
special ACC operation/investigation.
(3) A member of the Australian Federal Police cannot be an authorised
person unless he or she is also a member of the staff of the ACC.
(4) An issuing officer must not issue a warrant under subsection (2)
unless:
(a) the issuing officer has been given:
(i) an affidavit setting out the grounds on which the issue of
the warrant is being sought; and
(ii) if the issuing officer requires further information
concerning the grounds on which the issue of the
warrant is being sought – that further information, either
orally or by affidavit; and
(b) the issuing officer is satisfied that there are reasonable
grounds for issuing the warrant.
(5) If an issuing officer issues a warrant under subsection (2), he or she
must state on the affidavit mentioned in subsection (4)(a)(i) which of
the grounds specified in that affidavit have been relied on to justify
the issue of the warrant and particulars of any other grounds relied
Part 4 Search warrants
Australian Crime Commission (Northern Territory) Act 2005 26
on to justify the issue of the warrant.
(6) A warrant issued under this section must:
(a) state the purpose for which the warrant is issued, including a
reference to the special ACC operation/investigation with
which the things of the relevant kind are connected;
(b) state whether entry is authorised to be made at any time of the
day or night or during specified hours of the day or night;
(c) describe the kind of things authorised to be seized; and
(d) specify a date, not being later than one month after the date of
issue of the warrant, upon which the warrant ceases to have
effect.
(7) A warrant issued under this section may be executed, subject to its
terms, at any time during the period commencing on the relevant
day and ending on the date specified in the warrant as the date on
which the warrant ceases to have effect.
(8) A person executing a warrant issued under this section may only
use the reasonable force necessary for the execution.
(9) If, in the course of searching, under a warrant issued under this
section, for a thing of the relevant kind, the person executing the
warrant:
(a) finds a thing that he or she believes on reasonable grounds to
be evidence that would be admissible in the prosecution of a
person for an offence against a law of the Commonwealth or
of a State or Territory; and
(b) believes on reasonable grounds that it is necessary to seize
the thing in order to prevent its concealment, loss, mutilation
or destruction, or its use in committing an offence,
the person may seize the thing and, if he or she does so, the thing
is to be taken, for the purposes of this Act, to have been seized
pursuant to the warrant.
(10) The head of the special ACC operation/investigation may retain a
thing seized pursuant to a warrant issued under this section if, and
for so long as, is reasonably necessary for the purposes of the
special ACC operation/investigation to which the thing is relevant.
(11) Subject to subsection (12), if the retention of the thing by the head
of the special ACC operation/investigation is not, or ceases to be,
reasonably necessary for the purposes mentioned in
Part 4 Search warrants
Australian Crime Commission (Northern Territory) Act 2005 27
subsection (10), a person participating in the special ACC
operation/investigation must cause the thing to be delivered to:
(a) if the thing may be used in evidence in proceedings of a kind
referred to in subsection (13) – the authority or person
responsible for taking the proceedings; or
(b) 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.
(12) Subsection (11) does not apply if the CEO has given the thing to
the Attorney-General of the Commonwealth or of a State or
Territory, or to a law enforcement agency, or to another person or
authority, in accordance with section 34(1)(a), (b) or (c).
(13) A person participating in the special ACC operation/investigation
may, instead of delivering a thing in accordance with
subsection (11)(b), deliver the thing to the Attorney-General of the
Commonwealth or of a State or Territory, or to a law enforcement
agency, for the purpose of assisting in the investigation of criminal
offences, where the person participating in the special ACC
operation/investigation is satisfied that the thing is likely to be useful
for that purpose.
(14) This section does not affect a right of a person to apply for, or the
power of a person to issue, a warrant, being a right or power
existing otherwise than by virtue of this section.
(15) Without limiting the generality of 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 proceedings for the taking, by or on behalf of
the Crown in right of the Commonwealth or of a State or Territory,
of civil remedies in respect of a matter connected with, or arising
out of, an offence to which the special ACC operation/investigation
relates.
(16) In this section:
thing includes a document.
30 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 29.
Part 4 Search warrants
Australian Crime Commission (Northern Territory) Act 2005 28
(2) Before making the application, the eligible person must prepare an
affidavit that sets 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 made on oath.
(3) If an issuing officer issues a warrant under section 29 upon an
application made by telephone, the issuing officer must:
(a) complete and sign the warrant; and
(b) inform the eligible person who made the application of the
terms of the warrant and the date on which and the time at
which it was signed; and
(c) record on the warrant the reasons for issuing the warrant; and
(d) send a copy of the warrant to the CEO.
(4) If a warrant is issued under section 29 on an application made by
telephone:
(a) a member of the staff of the ACC or a member of the Police
Force of the Territory may complete a form of warrant in the
terms indicated by the issuing officer under subsection (3);
and
(b) where a form of warrant is so completed – the member must
write on it the name of the issuing officer who issued the
warrant and the date on which and the time at which it was
signed.
(5) Where a person completes a form of warrant under subsection (4),
the person must, not later than the day next following the date of
expiry of the warrant, send to the issuing officer who signed the
warrant the form of warrant completed by him or her and the
affidavit duly made in connection with the warrant.
(6) On receipt of the documents referred to in subsection (5), the
issuing officer must attach them to the warrant signed by him or her
and deal with the documents in the way in which the affidavit would
have been dealt with if the application for the warrant had been
made in accordance with section 29.
(7) A form of warrant duly completed under subsection (4) is to be
taken to be a warrant issued under section 29.
Part 5 Performance of functions and exercise of powers
Australian Crime Commission (Northern Territory) Act 2005 29
Part 5 Performance of functions and exercise of
powers
31 Consent of Board may be needed before functions can be
performed
The conferral of a function on 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 performed.
32 Functions not affected by Territory laws
A Commonwealth body or person is not precluded by any law of the
Territory from performing a function conferred by this Act.
33 Extent to which functions are conferred
(1) This Act does not purport to confer a duty on a Commonwealth
body or person to perform 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 section 35 of this Act or
section 59 of the Interpretation Act 1978.
34 Performance of functions
(1) If the ACC, in carrying out an ACC operation/investigation, obtains
evidence of an offence against a law of the Commonwealth or of a
State or Territory, being evidence 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 of the State or
Territory, as the case requires;
(b) the relevant law enforcement agency; or
(c) any person or authority (other than a law enforcement agency)
who is authorised by or under a law of the Commonwealth or
of the State or Territory to prosecute the offence.
(2) 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 of the State or
Territory, as the case requires;
(b) a relevant law enforcement agency; or
Part 5 Performance of functions and exercise of powers
Australian Crime Commission (Northern Territory) Act 2005 30
(c) any person or authority (other than a law enforcement
authority) who is authorised to commence the confiscation
proceedings.
(3) If, as a result of the performance of any of the ACC's functions, the
Board considers that one of the following recommendations should
be made to the Commonwealth Minister or to the appropriate
Minister of a participating State, the Board may make the
recommendation to the Commonwealth Minister or appropriate
Minister:
(a) for reform of the law relating to relevant offences, including:
(i) evidence and procedure applicable to the trials of
relevant offences;
(ii) relevant offences in relation to, or involving,
corporations;
(iii) taxation, banking and financial frauds;
(iv) reception by Australian courts of evidence obtained in
foreign countries as to relevant offences; and
(v) maintenance and preservation of taxation, banking and
financial records;
(b) for reform of administrative practices;
(c) for reform of administration of the courts in relation to trials of
relevant offences.
(4) If the ACC has obtained particular information or intelligence in the
course of performing one 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 performance of any of its other
functions.
35 Functions of federal judicial officers
(1) A function conferred on a federal judicial officer by this Act is
conferred on the federal judicial officer in a personal capacity and
not as a court or a member of a court.
(2) The federal judicial officer need not accept the function conferred.
(3) Anything done or made by a federal judicial officer under this Act
has effect only by virtue of this Act and is not to be taken by
implication to be done or made by a court.
Part 5 Performance of functions and exercise of powers
Australian Crime Commission (Northern Territory) Act 2005 31
(4) A federal judicial officer performing a function under this Act has the
same protection and immunity as if he or she were performing that
function as, or as a member of, a court (being the court of which the
federal judicial officer is a member).
(5) In this section:
federal judicial officer means a Judge of the Federal Court or
Federal Circuit Court.
36 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,
then, except in a proceeding instituted by the Attorney-General of
the Commonwealth or of a State or Territory, 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 of the Territory
on the ground that the determination was not lawfully made.
37 Cooperation with law enforcement agencies and coordination
with overseas authorities
(1) In performing its functions under this Act, the ACC must, so far as is
practicable, work in cooperation with law enforcement agencies.
(2) In performing its functions under this Act, the ACC may coordinate
its activities with the activities of authorities and persons in other
countries performing functions similar to functions of the ACC.
38 Incidental powers of ACC
The ACC has power to do all things necessary to be done for or in
connection with, or reasonably incidental to, the performance of its
functions under this Act, and any specific powers conferred on the
ACC by this Act are not to be taken to limit by implication the
generality of this section.
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 32
Part 6 General
39 Double jeopardy
A person is not liable to be punished for an act or omission that is
an offence under this Act if:
(a) the act or omission is also an offence under the ACC Act; and
(b) the person has been punished for the offence under the ACC
Act.
40 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 an authority of the Territory, information or intelligence relating to
relevant criminal activities.
41 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 upon under the arrangement, make available a
person who is an officer or employee of the Territory or of an
authority of the Territory or a member of the Police Force of the
Territory, or persons who are such officers, employees or members,
to perform services for the ACC.
42 Judges to perform functions under ACC Act
A Judge of the Supreme Court may perform functions conferred on
the Judge by section 22, 23 or 31 of the ACC Act.
43 Providing reports and information
(1) The Chair of the Board must keep the Commonwealth Minister
informed of the general conduct of the ACC in the performance of
the ACC's functions under this Act.
(2) If the Commonwealth Minister requests the Chair of the Board to
provide to him or her information concerning a specific matter
relating to the ACC's conduct in the performance of its functions
under this Act, the Chair must comply with the request.
(3) Subject to subsection (4), if the Territory Minister who is a member
of the Inter-Governmental Committee requests the Chair of the
Board to provide to him or her information concerning a specific
matter relating to the ACC's conduct in the performance of its
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 33
functions under this Act, the Chair must comply with the request.
(4) 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 (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 concerning 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 thinks appropriate, inform the Committee concerning
the general conduct of the ACC in the performance of the
ACC's functions under this Act.
(6) Subject to subsection (7), the Chair of the Board must give to 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 to the Inter-Governmental
Committee any matter the disclosure of which to members of the
public could prejudice the safety or reputation of persons or the
operations of law enforcement agencies.
(8) If the findings of the ACC in an investigation include any matter of
the nature described in subsection (7), the Chair of the Board must
prepare a separate report in relation to the matter and give that
report to the Territory Minister.
(9) The Chair of the Board may include in a report given under
subsection (6) a recommendation that the report be laid before the
Legislative Assembly.
(10) The CEO may give to a relevant authority any information that has
come into the ACC's possession under this Act and that is relevant
to the activities of that authority if:
(a) it appears to the CEO to be appropriate to do so; and
(b) to do so would not be contrary to a law of the Commonwealth
or of a State or Territory that would otherwise apply.
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 34
(11) The CEO may, whenever it appears to the CEO to be appropriate
to do so, give to authorities and persons responsible for taking civil
remedies by or on behalf of the Crown in right of the
Commonwealth or of a State or Territory any information that has
come into the ACC's possession under this Act and that may be
relevant for the purposes of so taking such remedies in respect of
matters connected with, or arising out of, offences against the laws
of the Commonwealth or of a State or Territory, as the case may
be.
(12) Where any information relating to the performance of the functions
of an authority of the Commonwealth or of a State or Territory or
the Administration of an external Territory comes into the ACC's
possession under this Act, the CEO may, if he or she considers it
desirable to do so:
(a) give that information to the authority or Administration; and
(b) make any recommendations to the authority or Administration
as to the performance of its functions that the CEO considers
appropriate.
(13) A report under this Act that sets out any finding that an offence has
been committed, or makes any recommendation for the institution
of a prosecution in respect of 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 that offence.
(14) The CEO may, whenever it appears to the CEO to be appropriate
to do so, give to 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 section 4 of the
Australian Security Intelligence Organisation Act 1979 of the
Commonwealth.
(15) In this section:
relevant authority means:
(a) a law enforcement agency;
(b) a foreign law enforcement agency; or
(c) an authority of the Commonwealth, or of a State or Territory,
prescribed under a regulation.
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 35
44 Secrecy
(1) This section applies to:
(a) the CEO;
(b) a member of the Board;
(c) a member of the staff of the ACC; and
(d) an examiner.
(2) A person to whom this section applies must not, either directly or
indirectly, except for the purposes of a relevant Act or otherwise in
connection with the performance of his or her functions under a
relevant Act, and either while he or she is or after he or she ceases
to be a person to whom this section applies:
(a) make a record of any relevant information; or
(b) divulge or communicate to any person any relevant
information.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(3) A person to whom this section applies cannot be required to
produce in any court a relevant document, or to divulge or
communicate to a court a relevant matter or thing, except where the
ACC, or the CEO, the acting CEO, a member of the Board or an
examiner in his or her 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 instituted as a result of an
operation or investigation carried out by the ACC in the
performance of its functions.
(4) 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 referred to in the definition of member of the staff of
the ACC in section 4(1) of the ACC Act; or
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 36
(b) a person who assists, or performs services for or on behalf of,
a legal practitioner appointed under section 7 in the
performance of the legal practitioner's functions as counsel to
the ACC.
produce includes permit access to, and production has a
corresponding meaning.
relevant Act means the ACC Act, this Act or any corresponding Act
of a State or Territory.
relevant document means a document that has come into a
person's custody or control in the course of, or because of, the
performance of the person's functions under this Act.
relevant information means information acquired by a person
because of, or in the course of, the performance of the person's
functions under this Act.
relevant matter or thing means a matter or thing that has come to
a person's notice in the performance of the person's functions
under this Act.
45 Delegation
The CEO may, by writing, delegate to a member of the staff of the
ACC who is an SES employee, or an acting SES employee, all or
any of the CEO's functions under this Act.
46 Liability for damages
A member of the Board is not liable to an action or other proceeding
for damages for, or in relation to, an act done or omitted in good
faith in performance or purported performance of any function
conferred or expressed to be conferred by or under this Act.
47 Obstructing, hindering or disrupting ACC or examiner
A person must not:
(a) obstruct or hinder:
(i) the ACC in the performance of its functions; or
(ii) an examiner in the performance of his or her functions
as an examiner; or
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 37
(b) disrupt an examination before an examiner.
Maximum penalty: 500 penalty units or imprisonment for
5 years.
48 Public meetings and bulletins
(1) The Board may hold meetings in public to inform the public about,
or receive submissions in relation to, the performance of the ACC's
functions, including its functions under this Act.
(2) The Board may publish bulletins to inform the public about the
performance of the ACC's functions, including its functions under
this Act.
(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),
any matter 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.
49 Annual report
(1) An annual report in relation to 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
performance of its functions under this Act;
(c) any recommendations for changes in the laws of the
Commonwealth or of a participating State, or for administrative
action, that, as a result of the performance 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 persons for offences;
Part 6 General
Australian Crime Commission (Northern Territory) Act 2005 38
(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
being proceedings that were determined, or otherwise
disposed of, during that year.
(2) An annual report must not:
(a) identify persons as being suspected of having committed
offences; or
(b) identify persons as having committed offences unless those
persons have been convicted of those offences.
(3) 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 his or her 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.
(4) The Territory Minister is to cause a copy of each annual report that
he or she receives and any accompanying comments made on the
report by the Inter-Governmental Committee to be laid before the
Legislative Assembly within 15 sitting days after he or she receives
the report.
(5) In this section:
annual report means a report by the Chair of the Board under
section 61 of the ACC Act.
50 Things done for multiple purposes
The validity of anything done for the purposes of this Act is not
affected only because it was done also for the purposes of the ACC
Act.
51 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
Part 7 Repeals and transitional matters for Australian Crime Commission (Northern
Territory) Act 2005
Australian Crime Commission (Northern Territory) Act 2005 39
Part 7 Repeals and transitional matters for Australian
Crime Commission (Northern Territory)
Act 2005
52 Repeal
The Acts specified in the Schedule are repealed.
53 Terms used in this Part
In this Part:
NCA investigation means an investigation under section 5(4) of
the NCA (Territory Provisions) Act.
NCA (Territory Provisions) Act means the National Crime
Authority (Territory Provisions) Act 1985.
54 Certain investigations taken to be special investigations
If an ACC Territory investigation relates to a matter into which an
NCA investigation had been commenced but not completed before
1 January 2003, the Board of the ACC is taken to have determined,
in writing, that the ACC Territory investigation is a special
investigation.
55 Assembling and giving evidence obtained by NCA
If:
(a) before 1 January 2003, the National Crime Authority obtained
evidence of a kind referred to in section 6(1) of the NCA
(Territory Provisions) Act ; but
(b) the National Crime Authority had not assembled and given the
evidence as mentioned in that subsection before
1 January 2003,
section 34(1) applies as if that evidence had been obtained by the
ACC in carrying out an ACC operation/investigation.
56 Limitation on challenges to validity of references
Section 8 of the NCA (Territory Provisions) Act continues to apply in
relation to a reference made under that Act as if that section had
not been repealed by this Act.
Part 7 Repeals and transitional matters for Australian Crime Commission (Northern
Territory) Act 2005
Australian Crime Commission (Northern Territory) Act 2005 40
57 Arrangements to obtain information or intelligence
An arrangement that was in force under section 11 of the NCA
(Territory Provisions) Act immediately before 1 January 2003 has
effect as if it had been made under section 40.
58 Things seized under search warrants
If a thing seized pursuant to a warrant under section 12 of the NCA
(Territory Provisions) Act is in the ACC's possession, section 29(10)
to (13) (inclusive) applies to that thing as if it had been seized
pursuant to a warrant under section 29.
59 Directions as to publication
(1) If a direction was in force under section 16(9) of the NCA (Territory
Provisions) Act immediately before 1 January 2003:
(a) the direction has effect; and
(b) section 18(11), (12) and (16) applies to the direction as if it
were a direction under section 18(9).
(2) Section 18(13) to (15) (inclusive), so far as those subsections relate
to the CEO, applies to evidence in relation to which a direction was
given under section 16(9) of the NCA (Territory Provisions) Act as if
it were evidence given before an examiner in relation to which the
examiner has given a direction under section 18(9).
60 Disclosure of summons or notice
If a notation made in connection with an NCA investigation was in
force under section 18A of the NCA (Territory Provisions) Act
immediately before 1 January 2003:
(a) the notation has effect;
(b) section 22 applies to the summons or notice containing the
notation; and
(c) if there is an ACC operation/investigation relating to the matter
to which the NCA investigation related – section 21(4) and (5)
applies as if the notation had been made in connection with
the ACC operation/investigation.
61 Witness protection
Arrangements that were in effect under section 24 of the NCA
(Territory Provisions) Act immediately before 1 January 2003 have
effect as if they had been made under section 26.
Part 7 Repeals and transitional matters for Australian Crime Commission (Northern
Territory) Act 2005
Australian Crime Commission (Northern Territory) Act 2005 41
62 Administrative arrangements in relation to NCA
An arrangement that was in force under section 28(b) of the NCA
(Territory Provisions) Act immediately before 1 January 2003 has
effect as if it had been made under section 41.
63 Secrecy obligations
(1) Section 44(2) and (3) extend to a former official (whether or not he
or she is or has been a person to whom section 44 applies) as if:
(a) references in section 44 to this Act or to a corresponding Act
of another State or Territory included references to the NCA
(Territory Provisions) Act or to a corresponding Act of a State
or Territory; and
(b) the reference in section 44(3)(b) to an investigation carried out
by the ACC included a reference to an investigation carried
out by the National Crime Authority before 1 January 2003.
(2) In this section:
former official means a person who was, at any time, a person to
whom section 31 of the NCA (Territory Provisions) Act applied.
64 Transitional regulations
(1) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations may prescribe all matters that are
required, necessary or convenient to be prescribed in relation to
that matter.
(2) If regulations made under subsection (1) provide that a state of
affairs specified or described in the Regulations is to be taken to
have existed, or not to have existed, at and from a day that is
earlier than the day on which the Regulations are published in the
Gazette but not earlier than the commencement of this Act, the
Regulations have effect according to their terms.
(3) Regulations that contain a provision referred to in subsection (2)
cannot be made more than 12 months after the day on which
section 52 comes into operation.
Part 7 Repeals and transitional matters for Australian Crime Commission (Northern
Territory) Act 2005
Australian Crime Commission (Northern Territory) Act 2005 42
(4) If regulations contain a provision referred to in subsection (3), the
provision does not operate so as to:
(a) affect in a manner prejudicial to any person (other than the
Territory or an authority of the Territory), the rights of that
person existing before the day of publication of those
regulations; or
(b) impose liabilities on any person (other than the Territory or an
authority of the Territory) in respect of anything done or
omitted to be done before the day of publication of those
regulations.
(5) In subsection (1):
transitional matter includes a savings or application matter.
Schedule Repealed Acts
Australian Crime Commission (Northern Territory) Act 2005 43
Schedule Repealed Acts
section 52
National Crime Authority (Territory Provisions)
Act 1985
Act No. 20 of 1985
National Crime Authority (Territory Provisions)
Amendment Act 1989
Act No. 22 of 1989
National Crime Authority (Territory Provisions)
Amendment Act 1994
Act No. 17 of 1996
ENDNOTES
Australian Crime Commission (Northern Territory) Act 2005 44
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Australian Crime Commission (Northern Territory) Act 2005 (Act No. 6, 2005)
Assent date 17 March 2005
Commenced 18 May 2005 (Gaz G20, 18 May 2005, p 2)
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act
No. 23, 2012)
Assent date 21 November 2012
Commenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
ENDNOTES
Australian Crime Commission (Northern Territory) Act 2005 45
Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017
(Act No. 9, 2017)
Assent date 31 May 2017
Commenced 31 May 2017
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 33 and 53.
4 LIST OF AMENDMENTS
s 3 amd No. 8, 2016, s 45; No. 9, 2017, s 3
s 5 amd No. 9, 2017, s 4
s 11 amd No. 9, 2017, s 5
s 18 amd No. 12, 2010, s 3
s 19 amd No. 40, 2010, s 118
s 20 amd No. 12, 2010, s 3; No. 8, 2016, s 45
s 22 amd No. 12, 2010, s 3
s 23 amd No. 12, 2010, s 3; No. 40, 2010, s 118; No. 23, 2012, s 32; No. 8, 2016,
s 45
s 25 amd No. 12, 2010, s 3; No. 8, 2016, s 45
s 27 amd No. 7, 2007, s 16
s 30 amd No. 40, 2010, s 118
s 35 amd No. 9, 2017, s 6
s 44 amd No. 12, 2010, s 3
s 47 amd No. 12, 2010, s 3; No. 8, 2016, s 45