Functions of Committee
9 Functions of Committee
The Committee has the following functions:
to monitor generally the work of the ACC and the Board;
to oversee the strategic direction of the ACC and the Board;
to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;
such other functions as are conferred on the Committee by other provisions of this Act.
Request for more information about special determination
Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.
Subject to subsection (4), 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 give the Committee the information.
If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister.
If the Committee refers the request to the Minister, the Minister:
must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and
must provide copies of that determination to the Chair of the Board and the Committee; and
must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.
Revoking the special determination
Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.
The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.
One of the effects of the revocation is that the coercive powers in Division 2 of Part II are no longer able to be exercised in relation to the ACC operation/investigation concerned.
To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the ACC operation/investigation concerned before the CEO is so notified.
Committee under no duty to consider whether to exercise powers
The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.
39 Section 10
Repeal the section.
40 Section 11
Repeal the section.
41 Before section 12
Insert:
42 Subsection 12(1)
Omit “Where, in carrying out an investigation in relation to a federally relevant criminal activity under paragraph 11(1)(b) or subsection 11(2), the Authority”, substitute “Where the ACC, in carrying out an ACC operation/investigation,”.
43 Subsection 12(1)
Omit “the Authority must”, substitute “the CEO must”.
44 At the end of subsection 12(1)
Add:
The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see section 59.
45 Subsection 12(1A)
Repeal the subsection.
46 Subsection 12(2)
Repeal the subsection.
47 Subsection 12(3)
Omit “its functions, the Authority”, substitute “the ACC’s functions, the Board”.
48 Subsection 12(3)
Omit “Authority may”, substitute “Board may”.
49 Subsection 12(6)
Omit “Authority” (wherever occurring), substitute “ACC”.
50 Section 13
Repeal the section.
51 Section 14
Repeal the section.
52 Paragraph 15(a)
Omit “a member or members”, substitute “an examiner or examiners”.
The heading to section 15 is altered by omitting “Members” and substituting “Examiners”.
53 Paragraph 15(b)
Omit “member or members”, substitute “examiner or examiners”.
54 Paragraph 15(b)
Omit “Authority”, substitute “ACC”.
55 Section 15
Omit “member or members referred to” (first occurring), substitute “examiner or examiners referred to”.
56 Section 15
Omit “Authority of its functions or powers under this Act, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members”, substitute “ACC of its functions or powers under this Act, and the members of the staff of the ACC may be made available by the CEO in assisting the examiner or examiners”.
57 Section 16
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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