Australian Crime Commission Establishment Act 2002

The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board.

The Board may dissolve a committee at any time.

Functions

The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO).

However, the Board cannot determine that a committee has the function of determining whether an intelligence operation is a special operation or whether an investigation into matters relating to federally relevant criminal activity is a special investigation.

In performing its functions, a committee must comply with any directions given to the committee by the Board.

Voting

A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.

However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member.

Informing other Board members of decisions

A committee must inform the other members of the Board of its decisions.

Conduct of committee meetings

A committee may regulate proceedings at its meetings as it considers appropriate.

A committee must ensure that minutes of its meetings are kept.

36 Before section 8

Insert:

36A At the end of subsection 8(5)

Add “There must be a minimum of 2 meetings each calendar year.”.

36B Subsection 8(7)

Repeal the subsection, substitute:

A resolution:

which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and

of which:

if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or

if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;

is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.

37 Subsection 8(9)

Omit “The Chair and the other members of the Authority”, substitute “Any member of the Board”.

38 Section 9

Repeal the section, substitute: