Compliance depends on the role of the person or body subject to the Act.
For a person who receives a summons under s 19 or a notice under s 20: first, check whether the summons or notice contains a notation under s 21 prohibiting disclosure. If it does, do not disclose the existence of the summons or any information about it to anyone except a legal practitioner for the purpose of obtaining legal advice or representation (s 22(2)(b)), or if the person is a body corporate, to an officer or agent for ensuring compliance (s 22(2)(c)). If disclosure is made to a legal practitioner, that practitioner is bound by the same prohibition (s 22(3)). Second, attend the examination at the time and place specified. Third, if required, take an oath or make an affirmation (s 19(6)). Fourth, answer all questions put by the examiner, subject to the limited privilege for legal practitioners (s 23(3)) and the limited use immunity for self-incrimination (s 23(4)-(5)). If claiming the use immunity, state clearly before answering that the answer might tend to incriminate. Fifth, produce any documents or things as required by the summons or notice. Sixth, do not disrupt the examination or obstruct the examiner. If you are a legal practitioner representing a witness, you may examine and cross-examine witnesses with the examiner’s approval (s 18(6)). If you are the client of a legal practitioner and the practitioner refuses to answer on grounds of privilege, be aware that the practitioner must disclose your name and address to the examiner (s 23(3)). If you are a legal practitioner and you refuse on privilege grounds, give the name and address when required. Failure to do so is an offence.
For an examiner: before issuing a summons or notice, be satisfied that it is reasonable and record reasons in writing (ss 19(2), 20(2)). Include the Board determination with the summons (s 19(3)). Include a non-disclosure notation when required (s 21(2)). Ensure the examination is held in private (s 18(3)). Give a non-publication direction if failure might prejudice safety, reputation, or fair trial (s 18(9)). Inform the witness of any other persons present (s 18(7)). At the conclusion, give the head of the operation a record of proceedings and any documents (s 18(15)). If a person is in contempt, apply to the Supreme Court under s 26B, but first inform the person (s 26B(2)). Consider whether to detain them under s 26D.
For the CEO: determine the head of each operation or investigation after consulting the Chair of the Board (s 6(2)-(3)). Make arrangements as to which examiners will exercise powers (s 6(4)). Assemble evidence of offences and give it to the appropriate authority (s 34(1)). Delegate only to SES employees or acting SES employees (s 45). Maintain secrecy under s 44. Furnish reports to the Chair of the Board for inclusion in annual reports (s 49). Comply with requests for information from the Inter-Governmental Committee, subject to the public interest override (s 43). Issue annual reports that include descriptions of investigations, patterns of criminal activity, recommendations, information furnished, prosecution and confiscation results, and court proceedings (s 49(2)), but do not identify persons as suspects or un-convicted offenders (s 49(3)).
For the Board: ensure that any special operation or investigation determination complies with s 8(4) (description, purpose, etc). Before making a determination, consider whether other methods have been effective (s 8(2)-(3)). Achieve the required voting majority: at least nine Board members (including at least two eligible Commonwealth Board members) must vote in favour (s 12(4)). Give a copy of the determination to the Inter-Governmental Committee within seven days (s 8(5)). Convene meetings as needed (s 9). Keep minutes (s 13(2)). Do not allow a committee to determine whether an operation is special (s 15(4)). Keep the Commonwealth Minister informed (s 43(1)). Prepare annual reports (s 49). Hold public meetings or publish bulletins only if they do not disclose matters that could prejudice safety, reputation or fair trial (s 48(3)).
For the State Minister: make arrangements with the Commonwealth Minister for information and intelligence sharing (s 40) and for secondment of State officers (s 41). Lay annual reports before Parliament within 15 sitting days (s 49(5)). Determine whether disclosure of information to the Inter-Governmental Committee could prejudice safety or reputation if the Committee refers a request (s 16(5)). Provide copies of that determination without disclosing reasons (s 16(5)(c)). For any person exercising functions under the Act: read the relevant provisions carefully, particularly the secrecy obligations and the limited immunities, as the coercive powers are broad and penalties are severe.