This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
138 of 1982
Collection
act
Plain English Summary
7/10 complexity
What this law does, who it affects, and how it works
What it creates and changes mechanically
Establishes the National Crimes Commission ("the Commission") as a statutory body made up of a Chairman and between one and four other members, appointed by the Governor‑General (s.6).
Gives the Commission powers to investigate alleged or suspected offences against Commonwealth, Territory and (where a State law so provides) State law, including bribery or corruption of Commonwealth or Territory officers and activity that impedes enforcement of Commonwealth or Territory laws (s.7, s.8).
Provides investigatory tools: the Commission can hold hearings (s.17), summon witnesses and require production of documents (s.20), apply for search warrants (s.14–15), and seek court orders to require delivery and temporary retention of a witness's passport (s.16).
Requires the Commission to work with federal and state police and other enforcement authorities as far as practicable (s.11), and allows the Commission to pass evidence to police, Attorneys‑General or other enforcement authorities (s.13).
Gives the Attorney‑General a range of supervisory and discretionary powers: to request general investigations (s.10), give directions or publish guidelines on priorities (s.12), grant legal or financial assistance to witnesses (s.19), determine member remuneration (s.26) and approve employment/engagement of staff or consultants (s.36).
Imposes secrecy obligations on members, staff and those assisting the Commission (s.38) and allows the Commission to restrict publication of evidence and identities in its hearings (s.17(12)).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Requires annual reporting to the Attorney‑General and participating State Ministers about operations and trends (s.41) and permits administrative arrangements with States, including reimbursement for State personnel made available to the Commission (s.39).
Contains a sunset: the Act ceases to operate five years after commencement unless repealed earlier (s.43).
Who is directly affected
Commission members, staff and counsel (appointment, pay and duties: ss.6,25–37).
Witnesses and persons summoned to hearings (compulsion to attend/produce, penalties for non‑compliance: ss.20–21; penalties for false evidence: s.22; contempt: s.23).
Individuals and organisations under investigation (search warrants, seizure of relevant items, publication restrictions: ss.14,17,38).
The Attorney‑General and State Ministers (who may request investigations, receive reports, give approvals and provide undertakings: ss.10,12,19,39,41).
Australian Federal Police, State police forces and other enforcement agencies that will receive evidence and cooperate with the Commission (ss.11,13,35).
Courts that issue warrants and handle enforcement or passport orders (ss.14,15,16,21).
Why it matters (stated purpose and the practical trade‑offs)
Stated purpose: the Act gives the Commission powers to investigate organised, sophisticated or corruption‑related criminal activity and to assemble evidence and advise on law and administrative measures (s.7(1)–(2)).
Who pays: the Commonwealth funds Commission activities and witness expenses (s.18), pays remuneration (s.26) and may reimburse States under administrative arrangements (s.39(2)). These are direct fiscal costs borne by the federal budget and, where reimbursements occur, by State‑Commonwealth cost sharing (ss.18,26,39(2)).
Who decides and where discretion sits: the Governor‑General appoints members (s.6); the Attorney‑General has multiple supervisory discretions (giving directions on priorities, granting witness assistance, approving staff/consultants, setting remuneration) (ss.12,19,36,26). That centralises several key operational levers in Ministerial hands.
Compliance burden and legal compulsion: the Commission can compel attendance and production of documents and impose penalties for non‑attendance, refusal or false evidence (ss.20–22). That produces a compliance obligation for summoned persons and for entities required to produce material.
Limits on private choice and commercial effects: search and seizure powers (s.14) and production requirements (s.20) may require businesses or individuals to relinquish documents or materials temporarily; publication and secrecy rules (ss.17(12),38) limit what staff or third parties may disclose. Legal privilege is preserved in part for practitioners (s.21(3)), but the practitioner may be required to name the client in some circumstances.
Trade‑offs and opportunity costs: implementing the Commission draws staff, police time and budgetary resources to Commission functions (ss.35–36) rather than other inquiries or operational priorities; the Act’s five‑year sunset (s.43) constrains long‑term planning and institutional continuity unless the law is renewed.
Risk of concentrated benefits vs diffuse costs: appointment, remuneration and consultancy arrangements (ss.25–26,36) concentrate financial and professional benefits on appointees and contractors; costs (compliance, potential temporary loss of documents, administrative burden) are spread across many potential witnesses, businesses and the public (ss.18,20–21,14,38).
Implementation and co‑operation risks: the Commission must, "so far as practicable," cooperate with federal and State police (s.11), and some directions affecting State‑conferred functions require State Minister agreement (s.12(3)). Effective operation therefore depends on intergovernmental cooperation and on States conferring or coordinating powers (ss.8,9,11,12(3),39).
Impacts on speech and disclosure: the Act empowers the Commission to restrict publication of evidence and identities for fairness and safety reasons (s.17(5)–(12)), and imposes criminal penalties for unauthorised disclosure by those working with the Commission (s.38). These provisions limit public disclosure of investigative material and information acquired by Commission staff.
Concrete behavioural effects the Act creates
People and organisations summoned must attend and produce documents or risk criminal penalties and court enforcement (ss.20–21).
Judges and police are the gateways for intrusive powers: courts issue warrants and passport orders (ss.14–16), and police execute search warrants (s.14(3)).
The Attorney‑General controls prioritisation, assistance and key approvals, shaping which investigations proceed and how resources are allocated (ss.10,12,19,36).
Commission staff and advisers are legally bound to secrecy and are immune from certain civil suits for acts done in good faith in performing Commission functions (ss.24,38).
Implementation risks and practical notes
Cross‑jurisdictional dependency: many powers and the Commission’s ability to work on State law matters rely on State cooperation or State laws conferring functions (ss.8,9,39). Lack of State agreements could limit the Commission’s practical scope.
Administrative discretion concentrated in Ministerial and judicial gates: Ministerial directions and approvals (s.12,19,36) and judicial issuance of warrants/passport orders (ss.14–16) mean outcomes depend on executive and judicial choices.
Time horizon: the statutory 5‑year automatic cessation (s.43) creates a built‑in limit on the institution’s lifetime unless Parliament acts to extend or replace the Act.
References: section references in parentheses refer to the provisions of the Act quoted above (for example, s.7 refers to section 7).