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Australian Crime Commission Act 2002
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Attorney-General's Department
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C2024C00176 (C74)
22 May 2024
-
13 October 2024
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Part I—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Interpretation
4A When a State offence has a federal aspect
4B Examination material and examinee
4C Resolved
5 Act to bind Crown
6 Extension to external Territories
6A Application of the Criminal Code
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Part II—The Australian Crime Commission (the ACC)
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Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter Governmental Committee
Subdivision A—The Australian Crime Commission
7 Establishment of the Australian Crime Commission
7A Functions of the ACC
Subdivision B—The Board of the ACC
7B Establishment of the Board
7C Functions of the Board
7D Board meetings
7E Presiding at Board meetings
7F Quorum at Board meetings
7G Voting at Board meetings
7H Conduct of Board meetings
7J Resolutions outside of Board meetings
7K Board committees
7L Recommendations to Inter Governmental Committee in relation to Board
Subdivision C—The Inter Governmental Committee
8 Establishment and constitution of Inter Governmental Committee
9 Functions of Committee
Division 1A—Performance of functions and exercise of powers
12 Performance of operations/investigations functions
13 Performance of national policing information functions
14 Performance of functions—general
15 Fees in relation to national policing information functions
15A National policing information charges
16 Limitation on challenge to Board determination
17 Co operation with law enforcement agencies and co ordination with overseas authorities
18 Directions and guidelines to Board
19 Incidental powers of ACC
19A Examiner may request information from agencies
20 Examiner may require information from agencies in certain cases
20A Arrangements for an examiner to obtain information etc. from State agencies
21 Arrangements for Board to obtain information or intelligence
21A Notices to produce a document or thing
21B Notices—disclosing information about a notice may be prohibited
21C Notices—offences of disclosure
21D Notices—legal practitioner not required to disclose privileged communications
21E Notices—self incrimination etc.
21F Notices—allowances for expenses
22 Search warrants
23 Application by telephone for search warrants
24 Order for delivery to examiner of travel documents of witness
24AA Use of and sharing returnable items
24AB When returnable items must be returned—general
24ABA Examiner may direct that returnable items be returned
24AC Issuing officer may permit a returnable item to be retained, forfeited etc.
Division 2—Examinations
24A Examinations
25A Conduct of examination
25B Obtaining derivative material
25C Disclosing examination material to prosecutors of the examinee
25D Disclosing derivative material to prosecutors of the examinee
25E Court’s powers to order disclosure and to ensure a fair trial
25F Certain material may always be disclosed to prosecutors of the examinee
25G Other matters about prosecutors and examinees
25H Proceeds of crime authorities and examinations
26 Reimbursement of expenses
27 Legal and financial assistance
28 Power to summon witnesses and take evidence
29A Summonses—disclosing information about a summons may be prohibited
29B Summonses—offences of disclosure
30 Failure of witnesses to attend and answer questions
31 Warrant for arrest of witness
33 False or misleading evidence
34 Protection of witnesses etc.
34A Contempt of the ACC
34B Federal Court or Supreme Court to deal with contempt
34C Conduct of contempt proceedings
34D Person in contempt may be detained
34E Examiner may withdraw contempt application
34F Relationship with section 12
35 Obstructing or hindering the ACC or an examiner etc.
35A Double jeopardy
36 Protection of examiners etc.
Division 2A—Criminal intelligence assessments
Subdivision A—Preliminary
36A Definitions
Subdivision B—Criminal intelligence assessments
36B Conduct of criminal intelligence assessments
36C Giving of adverse criminal intelligence assessments to certain Commonwealth agencies
36D Person to be notified of adverse criminal intelligence assessment
36E Effect of preliminary advice by the ACC
Subdivision C—Review of adverse criminal intelligence assessments
36F Applications to Tribunal
36G Requirements for applications
36H Notice of application
36J Reviews to be conducted by Security Division of Tribunal
36K Procedure for review
36L Certain documents and information not to be disclosed in review
36M Orders for non publication and non disclosure
36N Findings of Tribunal
36P Restriction on further assessments after review
36Q Secrecy—criminal intelligence assessment information
36R Costs
36S Interaction with AAT Act
Division 3—Administrative provisions
Subdivision A—Chief Executive Officer
37 Appointment of CEO
38 Remuneration and allowances of CEO
39 Leave of absence
40 Resignation
41 Disclosure of interests
42 Outside employment
43 Suspension of appointment
44 Termination of appointment
45 Other terms and conditions
46 Acting CEO
46A CEO to manage ACC etc.
Subdivision B—Examiners
46B Appointment of examiners
46C Remuneration and allowances of examiners
46D Leave of absence
46E Resignation
46F Disclosure of interests
46G Outside employment
46H Termination of appointment
46J Other terms and conditions—general
Subdivision C—Staff etc.
47 Staff
47A Termination of employment of member of staff for serious misconduct
48 Employment of consultants etc.
49 Staff to be seconded to ACC
50 Counsel assisting ACC
Subdivision D—Secrecy
51 Secrecy
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Part IV—Miscellaneous
55A Operation of State laws
55B Choice of Commonwealth and State powers
55C No obligation to perform duties etc.
55D Transition from NCA to ACC
57 Application of Administrative Decisions (Judicial Review) Act
58 Administrative arrangements with States
59 Providing reports and information to members of Parliament
59AA Disclosing information to government bodies
59AAA Disclosure of information from criminal history checks
59AB Disclosing information to private sector bodies
59AC Restrictions on disclosing examination material or derivative material
59AD Publication of reports in relation to offences
59A Delegation
59B Liability for damages
59C National Policing Information Systems and Services Special Account
59D Credits to the Account
59E Purposes of the Account
60 Public meetings and bulletins
61 Annual report by the Chair of the Board
61AA Corporate plans
61A Review of operation of Act
62 Regulations
Schedule 1—Prescribed provisions
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Schedule 2—Certain bodies not subject to section 19A
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
