This Act has been repealed and is no longer in force. It is retained for historical reference.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
The Act creates a statutory National Crimes Commission to investigate organised, corruption‑related and other Commonwealth/Territory offences, with powers to hold hearings, summons witnesses, obtain documents and search warrants, and share evidence with police and prosecutors. It centralises key discretion with the Attorney‑General, binds Commission staff to secrecy, imposes compulsion and penalties for non‑compliance, is federally funded, and includes a five‑year sunset unless renewed—affecting appointees, summoned persons, agencies and cooperating States.
Commission to keep Attorney-General informed of its operations
Annual report
Regulations
Cessation of operation of Act
PART I PRELIMINARY
PART I —PRELIMINARY
Section
Short title
Commencement
Interpretation
Act to bind the Commonwealth
Extension to external Territories
PART II THE NATIONAL CRIMES COMMISSION
National Crimes Commission Act 1982
No. 138 of 1982
TABLE OF PROVISIONS
PART I —PRELIMINARY
Section
Short title
Commencement
Interpretation
Act to bind the Commonwealth
Extension to external Territories
PART II—THE NATIONAL CRIMES COMMISSION
Division 1—Establishment, Functions and Powers
Establishment and constitution of Commission
Functions
Functions under State laws
Members may have concurrent functions and powers under State laws
General investigations by the Commission
Commission to work in co-operation with Police Forces, &c.
Directions and guidelines to Commission
Evidence obtained in course of investigation
Search warrants
Application by telephone for search warrants
Order for delivery to Commission of passport of witness
Division 2—Hearings
Hearings
Reimbursement of expenses of witnesses
Legal and financial assistance
Power to summon witnesses and take evidence
Failure of witnesses to attend and answer questions
False or misleading evidence
Contempt of Commission
Protection of members, &c.
TABLE OF PROVISIONS continued
Section
Division 3—Administrative Provisions
Terms and conditions of appointment
Remuneration and allowances
Appointment of Judge as member not to affect tenure, &c.
Leave of absence
Resignation
Disclosure of interests
Termination of appointment
Acting Chairman
Acting member
Meetings of Commission
Staff to be seconded to Commission
Employment of additional staff, consultants, &c.
Counsel assisting Commission
Secrecy
PART III—MISCELLANEOUS
Administrative arrangements with States
Commission to keep Attorney-General informed of its operations
Annual report
Regulations
Cessation of operation of Act
Division 1 Establishment, Functions and Powers
Division 1—Establishment, Functions and Powers
Establishment and constitution of Commission
Functions
Functions under State laws
Members may have concurrent functions and powers under State laws
General investigations by the Commission
Commission to work in co-operation with Police Forces, &c.
Directions and guidelines to Commission
Evidence obtained in course of investigation
Search warrants
Application by telephone for search warrants
Order for delivery to Commission of passport of witness
Division 2 Hearings
Division 2—Hearings
Hearings
Reimbursement of expenses of witnesses
Legal and financial assistance
Power to summon witnesses and take evidence
Failure of witnesses to attend and answer questions
False or misleading evidence
Contempt of Commission
Protection of members, &c.
TABLE OF PROVISIONS continued TABLE OF PROVISIONS continued
TABLE OF PROVISIONS continued
Section
Division 3 Administrative Provisions
Division 3—Administrative Provisions
Terms and conditions of appointment
Remuneration and allowances
Appointment of Judge as member not to affect tenure, &c.
Leave of absence
Resignation
Disclosure of interests
Termination of appointment
Acting Chairman
Acting member
Meetings of Commission
Staff to be seconded to Commission
Employment of additional staff, consultants, &c.
Counsel assisting Commission
Secrecy
PART III MISCELLANEOUS
PART III—MISCELLANEOUS
Administrative arrangements with States
Commission to keep Attorney-General informed of its operations
Annual report
Regulations
Cessation of operation of Act
PART I PRELIMINARY
PART I—PRELIMINARY
Short title
This Act may be cited as the National Crimes Commission Act 1982. Commencement
This Act shall come into operation on a day to be fixed by Proclamation. Interpretation
(1) In this Act, unless the contrary intention appears—
“acting member” means a person, not being a member, who is acting as Chairman or as a member other than the Chairman;
“appoint” includes re-appoint;
“Chairman” means Chairman of the Commission;
PART II THE NATIONAL CRIMES COMMISSION
Extension to external Territories
This Act extends to all the external Territories.
PART II—THE NATIONAL CRIMES COMMISSION
Division 1—Establishment, Functions and Powers
Establishment and constitution of Commission
(1) There is established by this Act a Commission by the name of the National Crimes Commission.
(2) The Commission shall consist of a Chairman and not less than 1 nor more than 4 other members.
(3) The Chairman and the other member or members shall be appointed by the Governor-General.
(4) A member other than a member who is, and is expected to continue to be, a Judge may be appointed as a full-time member or as a part-time member.
(5) A person shall not be appointed as Chairman unless—
(a) he is or has been a Judge; or
(b) he is enrolled as a legal practitioner, and has been so enrolled for not less than 5 years.
(6) A person shall not be appointed as a member unless he appears to the Governor-General to be suitable for appointment by reason of his having expertise, or having had experience, relevant to the work of the Commission.
(7) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of a vacancy or vacancies in the membership of the Commission.
Functions
(1) Subject to sections 8 and 10, the functions of the Commission are—
(a) to investigate of its own motion or at the request of the Attorney-General—
(i) any circumstance suggesting that an offence may have been, or may be being, committed against a law of the Commonwealth or of a Territory;
(ii) any allegation that an offence has been, or is being, committed against a law of the Commonwealth or of a Territory;
(iii) any circumstance suggesting that a person has or may have, or any allegation that a person has, influenced or attempted to influence an officer of the Commonwealth or an officer of a Territory to do any act or thing contrary to law or to his duty or authority as such an officer; and
(iv) any activity that is, or appears to be, impeding the implementation or enforcement of a law of the Commonwealth or of a Territory;
(b) to assemble, with a view to the prosecution of the offender, any evidence of the commission of an offence against a law of the Commonwealth or of a Territory that it obtains in the course of its investigations and to furnish any such evidence in accordance with this Act to the Commissioner of the Australian Federal Police or to the Attorney-General or a person nominated by him;
(c) as required, to coordinate its activities with the activities of authorities and persons in other countries performing functions similar to the functions of the Commission; and
(d) when requested by the Attorney-General, to furnish advice to him as to the likely effect (if any) on the incidence of crime of proposed laws of the Commonwealth or of a Territory, or of existing or proposed administrative practices or arrangements, referred to in the request.
(2) The Commission shall, in the course of investigating circumstances, allegations and activities referred to in paragraph (1) (a), seek, so far as practicable, to direct its activities in relation to—
(a) organized criminal activities, that is to say, offences that appear to be connected with one another and involve several offenders and substantial planning and organization;
(b) offences involving the use of sophisticated methods, planning or techniques; and
(c) bribery or corruption involving officers of the Commonwealth or officers of a Territory.
Functions under State laws
In addition to its functions under section 7, the Commission shall perform any functions in relation to the investigation of an offence or offences, however described or referred to, against the laws of a State that are conferred upon it by or under any law of a State.
Members may have concurrent functions and powers under State laws
If—
(a) with the consent of the Attorney-General, any functions or powers are conferred on a member or members by the Governor of a State or a Minister of a State; and
(b) the Attorney-General informs the member or members in writing that he is satisfied that those functions or powers may conveniently be performed or exercised in conjunction with the performance or exercise by the Commission of its functions or powers under this Act,
then, notwithstanding anything contained in any other provision of this Act, the member or members referred to in paragraph (a) shall perform the functions, or may exercise the powers, referred to in that paragraph in conjunction with
the performance or exercise by the Commission of its functions or powers under this Act, and the members of the staff of the Commission may be employed by the Commission in assisting the member or members referred to in paragraph (a) in the performance of the functions or the exercise of the powers referred to in that paragraph.
General investigations by the Commission
(1) If the Attorney-General of the Commonwealth, or the appropriate Minister of a participating State with the consent of the Attorney-General of the Commonwealth, by notice in writing to the Commission, requests the Commission to conduct a general investigation into a particular matter, being a matter with respect to which powers are vested in the Parliament or the Government of the Commonwealth or of that State, as the case may be, for the purpose of ascertaining the nature, extent and cause of any criminal activity connected with that matter, the Commission shall conduct an investigation accordingly and shall report to the Attorney-General or State Minister, as the case may be, its findings and any recommendations for the enactment of laws, or the taking of administrative action, that it considers appropriate to reduce, or remove the cause of, that criminal activity.
(2) A report by the Commission under this section shall 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 report by the Commission under this section the Commission shall take reasonable care to ensure that the identity of a person is not revealed if to reveal his identity might, in light of any material appearing in the report, prejudice the safety or reputation of a person or the fair trial of a person who has been or may be charged with an offence.
Commission to work in co-operation with Police Forces, &c.
In performing its functions the Commission shall, so far as practicable, work in co-operation with the Australian Federal Police and the Police Forces of the States and any other authorities or persons responsible for the enforcement of the laws of the Commonwealth or of the States.
Directions and guidelines to Commission
(1) The Attorney-General may, by notice in writing to the Commission, give directions or furnish guidelines to the Commission, including directions or guidelines with respect to the priority to be accorded by the Commission to particular investigations or classes of investigations but the Attorney-General is not entitled to give directions or furnish guidelines in relation to the conduct of a particular investigation.
(2) Where the Attorney-General gives any directions or furnishes any guidelines to the Commission under sub-section (1), the Attorney-General shall cause a copy of the directions or guidelines to be published in the Gazette.
(3) If the Commission has functions conferred on it by or under a law of a State as mentioned in section 8, the Attorney-General shall not give any directions or furnish any guidelines to the Commission under sub-section (1) with respect to the performance of those functions unless the appropriate Minister of that State has agreed to the giving of the directions or the furnishing of the guidelines.
Evidence obtained in course of investigation
(1) Where in the course of an investigation it appears to the Commission that there is evidence of the commission of an offence against the laws of the Commonwealth or of a Territory, or against the laws of a State, the Commission may either—
(a) terminate the investigation, or the part of the investigation that relates to the commission of that offence, and furnish the evidence to the Commissioner of the Australian Federal Police or to the Commissioner of the Police Force of the State, as the case may be; or
(b) to the extent to which it is within the scope of the functions of the Commission to do so, continue the investigation, or the part of the investigation that relates to the commission of that offence, with a view to assembling evidence required for the prosecution of the offender and furnish the evidence that it obtains to the Attorney-General of the Commonwealth or to the appropriate Minister of the State, as the case may be, or to a person nominated by that Attorney-General or Minister to receive the evidence.
(2) Where in the course of an investigation it appears to the Commission that there is evidence of the commission of an offence against a law of the Commonwealth or of a State, the Commission may, whether or not the Commission has taken, or proposes to take, action with respect to the evidence in accordance with sub-section (1), furnish the evidence to the authority or person responsible for the administration or enforcement of that law.
Search warrants
(1) Where—
(a) the Commission has reasonable grounds for suspecting that there may be, at th
This is an opening excerpt, not the complete document.