s 46J

Other terms and conditions—general

In force

An examiner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General in writing.

198 Before section 47

Insert:

199 Subsection 47(1)

Omit “Authority”, substitute “ACC”.

200 Subsection 47(2)

Omit “Chair” (wherever occurring), substitute “CEO”.

201 Subsection 48(1)

Omit “Chair”, substitute “CEO”.

202 Subsection 48(1)

Omit “Authority”, substitute “ACC”.

203 Subsection 48(2)

Omit “Chair”, substitute “CEO”.

204 Section 49

Omit “Authority” (wherever occurring), substitute “ACC”.

Note:

The heading to section 49 is altered by omitting “Authority” and substituting “ACC”.

205 Section 50

Omit “Chair”, substitute “CEO”.

Note:

The heading to section 50 is altered by omitting “Authority” and substituting “ACC”.

206 Section 50

Omit “Authority”, substitute “ACC”.

207 Before section 51

Insert:

208 Paragraph 51(1)(a)

Repeal the paragraph, substitute:

(a)

the CEO; and

(aa)

a member of the Board; and

209 Paragraph 51(1)(b)

Omit “Authority”, substitute “ACC”.

210 Paragraph 51(1)(c)

Repeal the paragraph, substitute:

(c)

an examiner.

211 Subsection 51(2)

Omit “$5,000”, substitute “50 penalty units”.

212 Subsection 51(3)

Omit “Authority, or a member, acting member or hearing officer”, substitute “ACC, or the CEO, the acting CEO, a member of the Board or an examiner”.

213 Paragraph 51(3)(b)

Omit “investigation carried out by the Authority”, substitute “operation or investigation carried out by the ACC”.

214 Subsection 51(4)

Insert:

member of the staff of the ACC means:

(a)

a person referred to in the definition of member of the staff of the ACC in subsection 4(1); or

(b)

a person who assists, or performs services for or on behalf of, a legal practitioner appointed under section 50 in the performance of the legal practitioner’s duties as counsel to the ACC.

215 Subsection 51(4) (definition of member of the staff of the Authority)

Repeal the definition.

216 Part III (heading)

Repeal the heading, substitute:

217 Section 52 (definition of the Committee)

Omit “National Crime Authority”, substitute “Australian Crime Commission”.

218 Subsection 53(1)

Repeal the subsection, substitute:

(1)

As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Crime Commission is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.

Note:

The heading to section 53 is altered by omitting “National Crime Authority” and substituting “Australian Crime Commission”.

219 Paragraphs 55(1)(a) and (b)

Omit “Authority”, substitute “ACC”.

220 Paragraph 55(1)(c)

Omit “of the Authority”, substitute “on the ACC”.

221 Paragraph 55(1)(d)

Omit “Authority”, substitute “ACC”.

222 Paragraph 55(2)(a)

After “to” (first occurring), insert “undertake an intelligence operation or to”.

223 Paragraph 55(2)(b)

Omit “Authority in relation to a particular investigation”, substitute “ACC in relation to a particular ACC operation/investigation”.

224 Section 55AA

Omit “Authority’s”, substitute “ACC’s”.

225 Paragraph 55A(1)(a)

Repeal the paragraph, substitute:

(a)

the ACC; or

226 Paragraph 55A(1)(b)

Repeal the paragraph, substitute:

(b)

the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or

227 Paragraph 55A(1)(c)

After “Court”, insert “or a Federal Magistrate”.

228 Subsections 55A(2) to (5)

Repeal the subsections, substitute:

ACC

(2)

A law of a State may confer on the ACC any or all of the following duties, functions or powers:

(a)

the function of investigating a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised 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);

(b)

a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:

(i)

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 of that matter); or

(ii)

of a kind specified in regulations made for the purposes of this subparagraph;

(c)

the function of undertaking an intelligence operation in so far as the serious and organised crime is, or the serious and organised 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);

(d)

a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:

(i)

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

(ii)

of a kind specified in regulations made for the purposes of this subparagraph.

(3)

The ACC cannot, under a law of a State:

(a)

investigate a matter relating to a relevant criminal activity; or

(b)

undertake an intelligence operation;

unless the Board has consented to the ACC doing so.

Board, Chair of the Board, CEO, examiners and members of staff of the ACC

(4)

A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:

(a)

relates to the investigation of a matter relating to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised 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

(b)

is either:

(i)

of the same kind as a duty, function or power conferred on the Board, the Chair 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 of that matter); or

(ii)

of a kind specified in regulations made for the purposes of this subparagraph.

(5)

A law of a State may confer on the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC a duty, function or power that:

(a)

relates to the undertaking of an intelligence operation in so far as the serious and organised crime is, or the serious and organised 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

(b)

is either:

(i)

(ii)

of a kind specified in regulations made for the purposes of this subparagraph.

(5A)

The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State:

(a)

relating to the investigation of a matter relating to a relevant criminal activity; or

(b)

relating to the undertaking of an intelligence operation;

unless the Board has consented to the CEO or the examiner doing so.

Judge of the Federal Court or Federal Magistrate

(5B)

A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:

(a)

(b)

is either:

(i)

of the same kind as a duty, function or power conferred on a Judge of the Federal Court or a Federal Magistrate by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter); or

(ii)

of a kind specified in regulations made for the purposes of this subparagraph.

(5C)

A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate a duty, function or power that:

(a)

(b)

is either:

(i)

(ii)

of a kind specified in regulations made for the purposes of this subparagraph.

229 Subsection 55A(6)

Omit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.

230 Subsection 55A(7)

Omit “Subsections (2), (4) and (5)”, substitute “Subsections (2), (4), (5), (5B) and (5C)”.

231 Paragraph 55A(8)(a)

Repeal the paragraph, substitute:

(a)

the ACC; or

232 Paragraph 55A(8)(b)

Repeal the paragraph, substitute:

(b)

the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or

233 Paragraph 55A(8)(c)

After “Court”, insert “or a Federal Magistrate”.

234 Paragraph 55A(9)(a)

Repeal the paragraph, substitute:

(a)

the ACC; or

235 Paragraph 55A(9)(b)

Repeal the paragraph, substitute:

(b)

the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC; or

236 Paragraph 55A(9)(c)

After “Court”, insert “or a Federal Magistrate”.

237 Subsection 55A(9)

After “federally relevant criminal activities”, insert “or to the undertaking of an intelligence operation”.

238 Subsection 55A(10)

Repeal the subsection, substitute:

State officers do not lose State powers

(10)

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.

239 Subsection 55A(12)

Repeal the subsection, substitute:

Interpretation

(12)

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.

240 Subsection 55A(13)

Insert:

Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.

241 Subsection 55A(13) (definition of State NCA Act)

Repeal the definition.

242 At the end of section 55A

Add:

(14)

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 criminal activity.

243 Section 55B

Repeal the section, substitute:

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