Australian Crime Commission Act 2002

The object of this section is to identify State offences that have a federal aspect because:

they potentially fall within Commonwealth legislative power because of:

the elements of the State offence; or

the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be elements of the offence); or

either:

the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or

the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory.

For the purposes of this Act, a State offence has a federal aspect if, and only if:

both:

the State offence is not an ancillary offence; and

assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or

both:

the State offence is an ancillary offence that relates to a particular primary offence; and

assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or

assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or

both:

the ACC is undertaking an investigation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and

if the ACC is undertaking, or were to undertake, an investigation relating to a relevant crime that is the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or

both:

the ACC is undertaking an intelligence operation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and

if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that intelligence operation is, or would be, incidental to the intelligence operation mentioned in subparagraph (i).

For the purposes of paragraph (2)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence).

A State offence is taken to be covered by paragraph (2)(c) if:

the State offence affects the interests of:

the Commonwealth; or

an authority of the Commonwealth; or

a constitutional corporation; or

the State offence was committed by a constitutional corporation; or

the State offence was committed in a Commonwealth place; or

the State offence involved the use of a postal service or other like service; or

the State offence involved an electronic communication; or

the State offence involved trade or commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories; or

the State offence involved:

banking (other than State banking not extending beyond the limits of the State concerned); or

insurance (other than State insurance not extending beyond the limits of the State concerned); or

the State offence relates to a matter outside Australia.

Subsection (4) does not limit paragraph (2)(c).

In this section:

an offence of conspiring to commit the primary offence; or

an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or

an offence of attempting to commit the primary offence.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (animated or otherwise); or

whether in any other form; or

whether in any combination of forms;

Examination material is:

any evidence given by a person before an examiner at an examination; or

a document or thing produced by a person to an examiner at an examination; or

any information that might enable a person who has given evidence before an examiner at an examination to be identified; or

the fact that a person has given or may be about to give evidence at an examination.

To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at an examination.

Before a document is produced at an examination, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not examination material.

The examinee is:

for an examination or examination material—the person referred to in paragraph (1)(a), (b), (c) or (d); or

for derivative material—the person who is the examinee for the examination material from which the derivative material was obtained.

A charge for an offence is resolved in relation to a person at the later of the following times:

when:

the charge is withdrawn; or

the charge is dismissed; or

the person is not committed on the charge following a committal hearing; or

the person is acquitted of the offence; or

the person is sentenced for the offence; or

the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or

the charge is otherwise finally dealt with;

if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.

A confiscation proceeding is resolved in relation to a person at the later of the following times:

when the proceeding is discontinued;

if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined.

The Australian Crime Commission is established by this section.

The ACC may also be known by one or more names or acronyms specified in the regulations.

See also subsections 4(1A) and (1B), 7B(1A) and 37(5).

The ACC consists of:

the CEO; and

the examiners; and

the members of the staff of the ACC.

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

the ACC is a listed entity; and

the CEO is the accountable authority of the ACC; and

the following persons are officials of the ACC:

the CEO;

the examiners;

the staff of the ACC referred to in subsection 47(1);

consultants engaged under subsection 48(1);

persons whose services are made available to the ACC under section 49; and

the purposes of the ACC include:

the functions of the ACC referred to in section 7A; and

the functions of the CEO referred to in section 46A.

to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence;

to undertake special ACC operations;

to undertake special ACC investigations;

to do any of the following (whether in its own name or through officers or members of staff of the ACC), as permitted or required for the purposes of Part IAB or IABA of the Crimes Act 1914 or any other law of the Commonwealth:

to apply for, and to grant, integrity authorities in relation to members of staff of the ACC;

to conduct and participate in integrity operations in relation to members of staff of the ACC;

to assist the Australian Federal Police, the Immigration and Border Protection Department or the National Anti‑Corruption Commission in making applications for integrity authorities;

to assist those agencies in the conduct of integrity operations;

to provide reports to the Board on the outcomes of those operations or investigations;

to make and give criminal intelligence assessments (within the meaning of Part III) in accordance with that Part;

to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board;

to provide advice to the Board on national criminal intelligence priorities;

to provide systems and services relating to national policing information, including the following:

collecting, correlating and organising national policing information;

providing access to national policing information;

supporting and facilitating the exchange of national policing information;

providing nationally coordinated criminal history checks on payment of a charge imposed by the Charges Act;

such other functions as are conferred on the ACC by other provisions of this Act or by any other Act.

The Board of the ACC is established by this section.

The Board of the ACC may also refer to itself, and be referred to, by replacing “ACC” with any name or acronym specified under subsection 7(1A).

The Board consists of the following members:

the Commissioner of the Australian Federal Police;

the Secretary of the Department;

the Comptroller‑General of Customs;

the Chairperson of the Australian Securities and Investments Commission;

the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979;

the Commissioner or head (however described) of the police force of each State and of the Northern Territory;

the Chief Police Officer of the Australian Capital Territory;

the CEO;

the Commissioner of Taxation.

The Commissioner of the Australian Federal Police is the Chair of the Board.