34Performance of functions

34 Performance of functions

(1)  Where 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 the State, as the case requires; or

(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 the relevant 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.

(3)  Where, as a result of the performance of any of the ACC's functions, the Board considers that a recommendation should be made to the Commonwealth Minister or to the appropriate State Minister of a participating State, being a recommendation –

(a) for reform of the law relating to relevant offences, including –

(i) evidence and procedure applicable to the trials of relevant offences; and

(ii) relevant offences in relation to, or involving, corporations; and

(iii) taxation, banking and financial frauds; and

(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; or

(b) for reform of administrative practices; or