Australian Crime Commission (State Provisions) Act 2003

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 3 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.