Operation of State laws
55A Operation of State laws
Object
The main object of this section is to give legislative consent to the conferral on:
the ACC; or
the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC; or
a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2);
of certain duties, functions and powers under State laws.
ACC
A law of a State may confer on the ACC any or all of the following duties, functions or powers:
the function of undertaking an investigation relating to a relevant crime in so far as the relevant crime is an offence against a law of the State (irrespective of whether that offence has a federal aspect);
a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:
of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation); or
of a kind specified in regulations made for the purposes of this subparagraph;
the function of undertaking an intelligence operation in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);
a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:
of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or
of a kind specified in regulations made for the purposes of this subparagraph;
a duty, function or power relating to national policing information.
The ACC cannot, under a law of a State:
undertake an investigation relating to a relevant crime; or
undertake an intelligence operation; or
perform a duty or function, or exercise a power, relating to national policing information;
unless the Board has consented to the ACC doing so.
Inter‑Governmental Committee, Board, Chair of the Board, members of the Board, CEO, examiners and members of staff of the ACC
A law of a State may confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:
relates to an investigation relating to a relevant crime in so far as the relevant crime is an offence against a law of the State (irrespective of whether that offence has a federal aspect); and
is either:
of the same kind as a duty, function or power conferred on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation); or
of a kind specified in regulations made for the purposes of this subparagraph.
A law of a State may confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:
relates to the undertaking of an intelligence operation in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and
is either:
of the same kind as a duty, function or power conferred on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or
of a kind specified in regulations made for the purposes of this subparagraph.
A law of a State may confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that relates to national policing information.
The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State:
relating to an investigation relating to a relevant crime; or
relating to the undertaking of an intelligence operation; or
relating to national policing information;
unless the Board has consented to the CEO or the examiner doing so.
Judge of the Federal Court or Judge of the Federal Circuit and Family Court of Australia (Division 2)
A law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2) a duty, function or power that:
relates to an investigation relating to a relevant crime in so far as the relevant crime is an offence against a law of the State (irrespective of whether that offence has a federal aspect); and
is either:
of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2) by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation); or
of a kind specified in regulations made for the purposes of this subparagraph.
A law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2) a duty, function or power that:
relates to the undertaking of an intelligence operation in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and
is either:
of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2) by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to that operation); or
of a kind specified in regulations made for the purposes of this subparagraph.
Ancillary provisions
Subsections (2), (4), (5), (5AA), (5B) and (5C) do not extend to a duty, function or power of a kind specified in regulations made for the purposes of this subsection.
Subsections (2), (4), (5), (5AA), (5B) and (5C) do not extend to a law of a State to the extent to which that law purports to confer any duty that is in contravention of any constitutional doctrine restricting the duties that may be conferred on:
authorities of the Commonwealth; or
members of authorities of the Commonwealth; or
Judges of a court created by the Parliament.
Concurrent operation of State laws
This Act is not intended to exclude or limit the operation of a law of a State that confers any duties, functions or powers on:
the ACC; or
the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC; or
a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2);
to the extent that that law is consistent with subsections (2) to (7) (inclusive) and is capable of operating concurrently with this Act.
Without limiting subsection (8), this Act is not intended to prevent:
the ACC; or
the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC; or
a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2);
from having concurrent duties, functions or powers under a law of a State in relation to undertaking investigations relating to federally relevant crimes, to the undertaking of an intelligence operation or to national policing information, so long as the relevant law of the State is consistent with subsections (2) to (7) (inclusive).
State officers do not lose State powers
Nothing in this Act results in a person, who is an officer of a State and who becomes a member of the staff of the ACC, ceasing to be able to perform any duty or function, or to exercise any power, that is conferred on the person under a law of the State in his or her capacity as such an officer.
Interpretation
A reference in this section to a law of a State conferring a duty, function or power includes a reference to the conferral of a duty, function or power under a law of a State.
Definitions
In this section:
confer, in relation to a duty, includes impose.
Judge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court.
Judge of the Federal Court means a Judge of the Federal Court in a personal capacity and not as a court or a member of a court.
In this section (other than subsection (9)):
intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant crime.
This provision refers to the regulations (specified in regulations
). Made under this Act:
- Australian Crime Commission Regulations 2018 · under s 62
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