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This instrument is the Australian Crime Commission Regulations 2018.
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This instrument is the Australian Crime Commission Regulations 2018.
This instrument is made under the Australian Crime Commission Act 2002.
A number of expressions used in this instrument are defined in the Act, including the following:
ACC;
Board;
CEO;
examiner;
member of the staff of the ACC.
In this instrument:
Act means the Australian Crime Commission Act 2002.
Bodies that collect national policing information
For the purposes of subparagraph (a)(iii) of the definition of national policing information in subsection 4(1) of the Act, the following bodies are prescribed:
a body or organisation that is approved by the CEO as an accredited body under subsection 46A(5) of the Act;
a body mentioned in Schedule 1.
Kinds of national policing information
For the purposes of paragraph (b) of the definition of national policing information in subsection 4(1) of the Act, information that is held under, or that relates to the administration of, a system mentioned in Schedule 2 is prescribed.
For the purposes of paragraph (d) of the definition of serious and organised crime in subsection 4(1) of the Act, each offence mentioned in Division 272 or 273 of the Criminal Code is prescribed.
For the purposes of subsection 7(1A) of the Act, each of the following names and acronyms is specified:
the Australian Criminal Intelligence Commission;
the ACIC;
the ACC.
For the purposes of section 21F of the Act, the following allowances are prescribed:
for a person’s travel to appear before an examiner or member of the staff of the ACC—such amount as is reasonable:
for the person’s travel to and from the place at which the person is required to attend; and
if the person is required to be absent overnight from the person’s usual place of residence—for meals and accommodation;
for other expenses incurred by a person’s appearance before an examiner or member of the staff of the ACC:
in the case of a person remunerated by wages, salary or fee—such amount as is lost by the person’s appearance before the examiner or staff member; and
in any other case—$25.00 per hour of the person’s appearance before the examiner or staff member.
A warrant issued by an issuing officer under section 22 of the Act may be in accordance with Form 1 in Schedule 3.
For the purposes of section 26 of the Act, the prescribed scale is the scale set out in the following table.
Scale for payment of expenses of witness | ||
|---|---|---|
Item | Witness | Expenses |
1 | Witness appearing because of the witness’ professional, scientific or other special skill or knowledge | The amount provided by subparagraph 6(1)(a)(i) of the Royal Commissions Regulations 2019 in relation to expenses of witnesses possessing such skill or knowledge |
2 | Witness appearing for any other reason | In the case of a witness remunerated by wages, salary or fee—such amount as is lost by the witness’ attendance In any other case—such amount as is provided by subparagraph 6(1)(a)(ii) of the Royal Commissions Regulations 2019 in relation to expenses of witnesses generally |
3 | In addition to items 1 and 2—witness appearing to give expert evidence | A reasonable amount for qualifying to give that evidence |
4 | In addition to items 1 and 2—any witness | Such amount as is reasonable: (a) for the witness’ travel to and from the place at which the witness attends; and (b) if the witness is required to be absent overnight from the witness’ usual place of residence—for meals and accommodation |
For the purposes of subsection 30(1) and paragraph 30(2)(c) of the Act, this section prescribes the manner of serving a summons.
Service on a natural person
Subject to subsection (4), if the person named in the summons is a natural person, the summons is to be served by:
delivering a copy of the summons to the person personally; or
if on delivery of the copy the person refuses to accept it—putting it down in the presence of the person or leaving it at or upon the place or premises where the person is; or
if service in the manner specified in paragraph (a) or (b) is not practicable:
leaving a copy of the summons at the last known or usual place of residence or business of the person with another person who is, or is reasonably believed to be, over the age of 16 years and who is, or is reasonably believed to be, residing, or employed, at that place; or
sending a copy of the summons by registered post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person; or
if a Judge has, subject to subsection (5), given a direction for the service of the summons:
leaving a copy of the summons with another person identified in the direction, being a person who, in the opinion of the Judge, is likely to bring the contents of the summons to the notice of the person; or
sending it by registered post or certified mail to an address specified in the direction, being the address of a place that the Judge has reasonable grounds to believe to be a place frequented by the person.
Service on a body corporate
Subject to subsection (4), if the person named in the summons is a body corporate, the summons is to be served by:
delivering a copy of the summons to a person:
who is, or is reasonably believed to be, an officer of, or in the service of, the body corporate; and
who is, or is reasonably believed to be, over the age of 16 years;
at the head office, a registered office, a principal office or a principal place of business of the body corporate; or
if on delivery of the copy the person refuses to accept it—leaving it at or upon the premises where the person is; or
sending a copy of the summons by registered post or certified mail to the head office, a registered office, a principal office or a principal place of business of the body corporate or to a postal address of the body corporate.
Service to an electronic address etc.
A summons may be served:
if the person named in the summons has nominated an electronic address for service in a document given to the ACC by the person—by sending it to the nominated electronic address for service; or
in any manner that the summons would be required or permitted to be served on the person named in the summons under rule 10.02, 10.03, 10.04, 10.05, 10.09 or 10.22 of the Federal Court Rules 2011 if:
the summons were a document of a kind to which the rule applied; and
the person were a person of a kind to which the rule applied.
Directions by a Judge
A Judge must not give a direction mentioned in paragraph (2)(d) in relation to the service of a summons on a person unless the Judge is satisfied upon information given in writing by an examiner that:
service of the summons on the person in a manner specified in paragraph (2)(a), (b) or (c) has not been, or is not likely to be, successful; and
there is a likelihood that service of the summons in a manner specified in paragraph (2)(d) would result in the summons coming to the notice of the person.
In this section, Judge means:
a Judge of the Federal Court; or
a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
a Judge of a court of a State or Territory.
A warrant issued under section 31 of the Act for the apprehension of a person may be in accordance with Form 2 in Schedule 3.
For the purposes of subparagraphs 55A(2)(b)(ii) and (d)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 4 is a kind of duty, function or power that a law of a State may confer on the ACC.
For the purposes of subparagraphs 55A(4)(b)(ii) and (5)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 5 is a kind of duty, function or power that a law of a State may confer on the person or body mentioned in the item.
For the purposes of subparagraphs 55A(5B)(b)(ii) and (5C)(b)(ii) of the Act, each duty, function or power under a provision of a State law mentioned in an item in Schedule 6 is a kind of duty, function or power that a law of a State may confer on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2), as mentioned in the item.
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