Australian Crime Commission Act 2002

The Board has the following functions:

to determine national criminal intelligence priorities;

to determine priorities in relation to national policing information systems and services;

to provide strategic direction to the ACC and to determine the priorities of the ACC;

to authorise, by determination made under subsection (2), an intelligence operation to occur;

to authorise, by determination made under subsection (3), an investigation relating to a federally relevant crime to occur;

to determine, in writing, the class or classes of persons to participate in such an operation or investigation;

to establish task forces;

to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC;

to make recommendations to the Minister about expenditure from the National Policing Information Systems and Services Special Account;

to make recommendations to the Minister about charges for national policing information services (including criminal history checks);

to determine, in writing, policies and give directions to the CEO in relation to the following:

disclosing national policing information;

approving a body as an accredited body;

to determine, in writing, any conditions or restrictions in relation to providing nationally coordinated criminal history checks;

to report to the Inter‑Governmental Committee on the ACC’s performance;

such other functions as are conferred on the Board by other provisions of this Act.

The CEO must determine, in writing, the head of a special ACC operation or a special ACC investigation: see subsection 46A(2A).

The Board may make a determination, in writing, authorising an intelligence operation to occur.

See also subsection 7G(4) for the voting rule that applies in relation to such a determination.

See also Division 2 for the examination powers available if a determination is made.

The Board may make a determination, in writing, authorising an investigation relating to a federally relevant crime to occur.

See also subsection 7G(4) for the voting rule that applies in relation to such a determination.

See also Division 2 for the examination powers available if a determination is made.

A determination under subsection (2) or (3) may identify the federally relevant crime to which the determination relates at whatever level of generality the Board considers appropriate including (without limitation) by reference to:

categories of federally relevant crimes; or

categories of suspected offender; or

specific allegations of federally relevant crimes; or

specific offenders; or

any combination of the above.

The only condition for the exercise of the power under subsection (2) or (3) is that the Board considers, on the basis of the collective experience of the Board members voting at the meeting when a determination is made, that it is in the public interest that the Board authorise an intelligence operation, or an investigation relating to a federally relevant crime, to occur.

To avoid doubt, a determination under subsection (2) or (3) can be made, and has effect, regardless of whether the ACC:

is, at the time the determination is made, already investigating any or all of the federally relevant crimes to which the determination relates; or

subsequently investigates any or all of the federally relevant crimes to which the determination relates by any means other than through the exercise by an examiner of the powers under Division 2; or

decides to investigate any or all of the federally relevant crimes to which the determination relates because of a request for assistance by another law enforcement agency.

A determination under subsection (2) or (3) must, to the extent that the Board reasonably considers appropriate having regard to the level of generality at which it is authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur, set out the purposes of the operation or investigation.

To avoid doubt, a determination under subsection (2) or (3) authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur is not required to specify:

any particular offence or offences; or

any particular conduct, transaction or person to which the investigation or operation relates; or

any timeframe within which:

any federally relevant crime may have been, may be being, or may in future be, committed; or

the investigation or operation must commence or be completed.

The Board may, at any time, revoke a determination made under subsection (2) or (3).

A special ACC operation can be undertaken only while a determination under subsection (2) is in force.

A special ACC investigation can be undertaken only while a determination under subsection (3) is in force.

A determination under subsection (2) or (3) is in force during the period:

beginning immediately after the determination is made; and

ending at the earliest of the following:

the end of the period of 3 years beginning immediately after the determination is made;

the end of the day on which the determination is revoked under subsection (4D);

if the determination is revoked under subsection 9(7)—when the CEO is notified of the revocation.

Paragraph (4G)(b) does not prevent the making of another determination under subsection (2) or (3) in the same terms as the expired or revoked determination.

The validity of the determination is not affected by any failure to comply with subsection (4C).

A determination made under subsection (2) or (3) is not a legislative instrument.

The Chair of the Board must, within the period of 7 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee.

Before the end of each financial year, the Board must recommend to the Minister in writing that the Minister either:

vary the legislative instrument under section 7 of the Charges Act in accordance with the recommendation; or

not vary the legislative instrument made under section 7 of the Charges Act.

In making the recommendation, the Board:

must have regard to the principle that the charges and other fees imposed for national policing information services should cover the costs to the ACC of providing national policing information systems and services; and

may have regard to any other matter the Board considers relevant.

If the Board recommends that the Minister vary the instrument, the recommendation must set out the matters considered by the Board.