Australian Crime Commission Establishment Act 2002

The Board has the following functions:

to determine national criminal intelligence priorities;

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

to authorise, in writing, the ACC to undertake intelligence operations or to investigate matters relating to federally relevant criminal activity;

to determine, in writing, whether such an operation is a special operation or whether such an investigation is a special investigation;

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 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.

Note: The CEO must determine, in writing, the head of an intelligence operation or an investigation into matters relating to federally relevant criminal activity: see subsection 46A(2A).

Special operations

The Board may determine, in writing, that an intelligence operation is a special operation. Before doing so, it must consider whether methods of collecting the criminal information and intelligence that do not involve the use of powers in this Act have been effective.

Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.

Note 2: See also Division 2 for the examination powers available if there is a special operation.

Special investigations

The Board may determine, in writing, that an investigation into matters relating to federally relevant criminal activity is a special investigation. Before doing so, it must consider whether ordinary police methods of investigation into the matters are likely to be effective.

Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.

Note 2: See also Division 2 for the examination powers available if there is a special investigation.

Further details

A determination under subsection (2) or (3) must:

describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity; and

state that the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the Commonwealth, a law of a Territory or a law of a State but need not specify the particular offence or offences; and

set out the purpose of the operation or investigation.

Informing the Inter‑Governmental Committee

The Chair of the Board must, within the period of 3 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.

When determination takes effect

A determination under subsection (2) or (3) has effect immediately after it is made.