Referrals to commission
27 Referrals to commission
The reference committee may refer—
a particular incident of major crime to the commission for investigation; or
major crime to the commission for investigation.Examples of major crime that may be referred under paragraph (b)—
• terrorism
• criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children
• organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering
• criminal activity involving drug trafficking and violence engaged in by members of (generally identified) motorcycle gangs and their associates
A reference under subsection (1)(a) is called a specific referral.
A specific referral must identify—
the particular incident of major crime to be investigated by the commission; and
at least 1 of the following—
the persons involved, or suspected of being involved, in the particular incident of major crime;
the activity constituting, or suspected of constituting, the particular incident of major crime.
A reference under subsection (1)(b) is called a general referral.
A general referral—
must identify the major crime to be investigated by the commission; and
may identify either or both of the following—
the persons involved, or suspected of being involved, in the major crime;
the activities constituting, or suspected of constituting, the major crime.
A referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed.
A referral may be made by the reference committee—
for a specific referral—
on its own initiative; or
if asked by the senior executive officer (crime); or
if asked by the commissioner of police; or
for a general referral—
on its own initiative; or
if asked by the senior executive officer (crime).
A referral must be in writing.
This Act’s bill:Explanatory memorandum
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