Australian Crime Commission (South Australia) Act 2004

This Act may be cited as the Australian Crime Commission (South Australia) Act 2004.

In this Act, unless the contrary intention appears—

ACC Act means the Australian Crime Commission Act 2002 of the Commonwealth;

Note—

That Act was originally known as the National Crime Authority Act 1984.

ACC operation/investigation means—

an ACC State intelligence operation; or

an ACC State investigation;

ACC State intelligence operation means an intelligence operation that the ACC is undertaking under section 5(b);

ACC State investigation means an investigation that the ACC is conducting under section 5(a);

authority includes a department, agency or body;

Commonwealth body or person means—

the ACC; or

the Board; or

the Chair of the Board; or

a member of the Board; or

the Inter-Governmental Committee; or

the CEO; or

a member of the staff of the ACC; or

a legal practitioner appointed under section 7 of the Act; or

an examiner; or

a Judge of the Federal Court; or

a Federal Magistrate;

Commonwealth Minister means the Commonwealth Minister administering the ACC Act;

confer includes to impose;

constable means a member or special member of the Australian Federal Police or a member of the police force or police service of this State;

Federal Magistrate means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the Federal Magistrates Act 1999 of the Commonwealth;

function has a meaning affected by subsection (4);

in contempt of the ACC has the meaning given by section 26A;

intelligence operation means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to relevant criminal activity, but that may involve the investigation of matters relating to relevant criminal activity;

issuing officer means—

a Judge of the Federal Court; or

a Judge of a court of the State; or

a Federal Magistrate;

perform includes to exercise;

serious and organised crime means an offence—

that involves 2 or more offenders and substantial planning and organisation; and

that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and

that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and

that is an offence of a kind prescribed by the regulations or an offence that involves any of the following:

theft;

fraud;

tax evasion;

money laundering;

currency violations;

illegal drug dealings;

illegal gambling;

obtaining financial benefit by vice engaged in by others;

extortion;

violence;

bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;

perverting the course of justice;

bankruptcy and company violations;

harbouring of criminals;

forging of passports;

firearms;

armament dealings;

illegal importation or exportation of fauna into or out of Australia;

cybercrime;

matters of the same general nature as one or more of the matters listed above; and

that is punishable by imprisonment for a period of 3 years or more, but—

does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and

does not include an offence the time for the commencement of a prosecution for which has expired;

special ACC operation/investigation means—

an ACC State intelligence operation that the Board has determined to be a special operation; or

an ACC State investigation that the Board has determined to be a special investigation;

State Minister means the State Minister administering this Act.

If this Act uses a term that is used in the ACC Act, the term has the same meaning in this Act as it has in the ACC Act unless the contrary intention appears in this Act.

If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime.

A reference in this Act, other than Part 2, to a function includes a reference to a power or duty.

This Act binds the Crown in right of the State and also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

The ACC has the following functions:

to investigate a matter relating to a relevant criminal activity, in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);

to undertake an intelligence operation in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect);

to provide a report to the Board on the outcome of such an investigation or operation;

such other functions as are conferred on the ACC by other provisions of this Act or any other Act.

The CEO is to manage, coordinate and control ACC operations/investigations.

As soon as practicable after the Board consents under section 55A(3) of the ACC Act to the ACC undertaking an intelligence operation under section 5(b) or conducting an investigation under section 5(a), the CEO must determine, in writing, the head of the operation or investigation.

Before the CEO determines the head of the operation or investigation, the CEO must consult the Chair of the Board, and such other members of the Board as the CEO thinks appropriate, in relation to the determination.

Subject to such consultation with the examiners as is appropriate and practicable, the CEO may make arrangements as to the examiner who is to be able to exercise his or her powers under this Act in relation to a special ACC operation/investigation.

The CEO may appoint a legal practitioner to assist the ACC as counsel in relation to ACC operations/investigations generally or in relation to a particular matter or matters.

The Board has the following functions:

to determine, in writing, whether an ACC State intelligence operation is a special operation or whether an ACC State investigation is a special investigation;

to determine, in writing, the class or classes of persons to participate in an ACC State intelligence operation or ACC State investigation;

to establish task forces;

such other functions as are conferred on the Board by other provisions of this Act.

The Board may determine, in writing, that an ACC State 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.

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

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

describe the general nature of the circumstances or allegations constituting the relevant criminal activity to which the operation or investigation relates; 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 State but need not specify the particular offence or offences; and

set out the purpose of the operation or investigation.

The Chair of the Board must, within the period of 7 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.

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

Sections 9 to 15 have effect in relation to the Board's functions under this Act.

The Chair of the Board may convene meetings of the Board.

The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the requirements set out in section 7D of the ACC Act.

A meeting of the Board must be presided over by—

if the Chair of the Board is present—the Chair; or

otherwise—another eligible Commonwealth Board member who is present and who is nominated, in writing, by the Chair to preside.

At a meeting of the Board a quorum is constituted by 7 Board members (not including the CEO).

Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present.

The person presiding at a meeting has—

a deliberative vote; and

if necessary, also a casting vote.

The CEO is not entitled to vote on any question arising at a meeting of the Board.

The Board cannot determine that an ACC State intelligence operation is a special operation, or that an ACC State investigation is a special investigation, unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination.

The Board may regulate proceedings at its meetings as it considers appropriate.

The Board must ensure that minutes of its meetings are kept.