Choice of Commonwealth and State powers
55B Choice of Commonwealth and State powers
If:
the ACC is investigating a matter relating to federally relevant criminal activity, or is 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 a State; and
for the purposes of that investigation or operation, the ACC or the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State;
this Act or that other Act does not require the ACC or the Board, the Chair of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.
244 Paragraph 55C(1)(a)
Repeal the paragraph, substitute:
the ACC; or
245 Paragraph 55C(1)(b)
Repeal the paragraph, substitute:
the Board, the Chair of the Board, the CEO, an examiner or a member of the staff of the ACC;
246 Paragraph 55C(1)(c)
After “matter”, insert “, or to the collection, correlation, analysis or dissemination of criminal information and intelligence,”.
247 Subsection 55C(2)
After “Federal Court”, insert “or a Federal Magistrate”.
248 Subsection 55C(2)
Omit “Authority of a matter”, substitute “ACC of a matter, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence,”.
249 Subsection 55C(3)
Insert:
Federal Magistrate means a Federal Magistrate in a personal capacity and not as a court or a member of a court.
250 Section 56
Repeal the section.
251 Section 57
Omit “National Crime Authority Act 1984”, substitute “Australian Crime Commission Act 2002”.
252 Subsection 58(1)
Repeal the subsection, substitute:
The Minister may make an arrangement with the appropriate Minister of the Crown of a State under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the ACC.
253 Subsections 59(1), (1A) and (2)
Repeal the subsections, substitute:
The Chair of the Board must keep the Minister informed of the general conduct of the ACC in the performance of the ACC’s functions. If the Minister requests the Chair to provide to him or her information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, the Chair must comply with the request.
Subject to subsection (2), if a Minister of the Crown of a State who is a member of the Inter‑Governmental Committee requests the Chair of the Board to provide him or her with information concerning a specific matter relating to the ACC’s conduct in the performance of its functions, being conduct that occurred within the jurisdiction of that State, the Chair of the Board must comply with the request.
If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not provide the information under subsection (1A).
254 Subsection 59(3)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
255 Paragraph 59(3)(a)
Omit “investigation that has been or is being conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.
256 Paragraph 59(3)(b)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
257 Paragraph 59(3)(b)
Omit “Authority” (last occurring), substitute “ACC”.
258 Subsection 59(4)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
259 Subsection 59(4)
Omit “special investigation conducted by the Authority”, substitute “special ACC operation/investigation conducted by the ACC”.
260 Subsection 59(5)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
261 Subsection 59(5)
Omit “Authority” (second occurring), substitute “ACC”.
262 Subsection 59(5)
Omit “Authority” (last occurring), substitute “Chair of the Board”.
263 Subsection 59(5)
Omit “Commonwealth Minister or Minister of the Crown of the State by whom the relevant reference was made”, substitute “Minister”.
264 Subsection 59(6)
Omit “Authority”, substitute “Chair of the Board”.
265 Subsection 59(6A)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
266 Paragraph 59(6A)(a)
Omit “National Crime Authority”, substitute “Australian Crime Commission”.
267 Paragraph 59(6A)(a)
Omit “investigation that has been conducted by the Authority”, substitute “ACC operation/investigation that the ACC has conducted or is conducting”.
268 Paragraph 59(6A)(b)
Omit “Authority” (first occurring), substitute “Chair of the Board”.
269 Paragraph 59(6A)(b)
Omit “Authority” (last occurring), substitute “ACC”.
270 Subsection 59(6B)
After “Chair”, insert “of the Board”.
271 Subsection 59(6B)
Omit “Authority”, substitute “Chair”.
272 Subsection 59(6C)
Omit “Authority”, substitute “Chair of the Board”.
273 Paragraph 59(6D)(b)
After “Chair”, insert “of the Board”.
274 Subsection 59(7)
Repeal the subsection, substitute:
The CEO may give to:
any law enforcement agency; or
any foreign law enforcement agency; or
any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations;
any information that is in the ACC’s possession and that is relevant to the activities of that agency or body if:
it appears to the CEO to be appropriate to do so; and
to do so would not be contrary to a law of the Commonwealth, a State or a Territory that would otherwise apply.
275 Subsection 59(8)
Omit “Notwithstanding section 11, the Chair”, substitute “The CEO”.
276 Subsection 59(8)
Omit “Chair” (second occurring), substitute “CEO”.
277 Subsection 59(8)
Omit “Authority”, substitute “ACC”.
278 Subsection 59(9)
Omit “Authority” (first occurring), substitute “ACC”.
279 Subsection 59(9)
Omit “investigations”, substitute “operations or investigations”.
280 Subsection 59(9)
Omit “Authority may, if it”, substitute “CEO may, if he or she”.
281 Paragraph 59(9)(e)
Omit “Authority”, substitute “CEO”.
282 Subsection 59(10)
Omit “made by the Authority”.
283 Subsection 59(11)
Omit “Notwithstanding section 11, the Chair”, substitute “The CEO”.
284 Subsection 59(11)
Omit “Chair” (second occurring), substitute “CEO”.
285 Subsection 59(11)
Omit “Authority’s”, substitute “ACC’s”.
286 Subsection 59(12)
Repeal the subsection.
287 Section 59A
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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