The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

National Crime Authority Amendment Bill 2000

No. , 2000

(Mr Kerr)

A Bill for an Act to amend the National Crime Authority Act 1984 and other related purposes

ISBN: 0642 430160

Contents

A Bill for an Act to amend the National Crime Authority Act 1984 and other related purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the National Crime Authority Amendment Act 2000.

2 Commencement This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments National Crime Authority Act 1984

1 Subsection 30(4)

Repeal the subsection, substitute:

(4) For the purpose of this section, it is not a reasonable excuse for a natural person:

(a) to refuse or fail to answer a question put to him or her at a hearing before the Authority; or

(b) to refuse or fail to produce a document or thing that he or she was required to produce at a hearing before the Authority;

that the answer to the question, or the production of the document or thing as the case may be, might tend to incriminate the person.

2 Subsection 30(5)

Repeal the subsection, substitute:

(5) Subsection (5A) applies where:

(a) before:

(i) answering a question; or

(ii) producing a document pursuant to a requirement made under this section,

a person claims that the answer to the question or the production of the document, as the case may be, might tend to incriminate the person or make the person liable to a penalty; and

(b) the answer to the question or the production of the document as the case might be, might in fact tend to incriminate the person or make the person so liable.

3 After subsection 30(5)

Insert:

(5A) The answer, or the document, as the case may be, is not admissible in evidence against the person in:

(a) a criminal proceeding; or

(b) a proceeding for the imposition of a penalty;

other than a proceeding in respect of:

(c) in the case of giving of an answer--the falsity of the answer; or

(d) in the case of a document--the falsity of any statement contained in the document.

4 Subsection 30(6)

Repeal the subsection.

5 Subsection 30(7)

Repeal the subsection.

6 Subsection 30(8)

Repeal the subsection.

7 Subsection 30(10)

Repeal the subsection.

8 Subsection 30(11)

9 Subsection 37(1C)

Omit "4", substitute "6".

10 Subsection 37(1E)

Omit "4", substitute "6".

Ombudsman Act 1976

11 Subsection 3(1) (after subparagraph (a)(ii) of the definition of prescribed authority)

Insert:

(iia) despite the provisions of subparagraph (a)(ii), the National Crime Authority is a prescribed authority for the purposes of this Act;

12 Subsection 3(1)

Insert:

sensitive information means any information the disclosure of which might prejudice:

(a) the safety of a person; or

(b) the fair trial of a person who has been or may be charged with an offence; or

(c) the effectiveness of an investigation by the National Crime Authority; or

(d) the operations of law enforcement agencies.

13 After subsection 5(1)

Insert:

(1A) Paragraph (1)(a) does not prevent the Ombudsman from investigating complaints made to the Ombudsman about action taken by:

(a) the National Crime Authority; or

(b) a person who, is, or has been:

(i) a member; or

(ii) a member of the staff of the Authority;

in performance or purported performance of the person's powers or functions under the National Crime Authority Act 1984.

14 After subsection 5(2)

Insert:

(2A) Paragraph (2)(b) does not prevent the Ombudsman from investigating action taken by a Justice or Judge of a court created by the Parliament, when the Justice or Judge has taken that action in his or her capacity as a member of the National Crime Authority.

15 After subsection 8(5)

Insert:

(5A) Paragraph (5)(b) does not require the Ombudsman to afford a person an opportunity to appear before him or her, or before an authorised person and to make oral or written submissions in relation to the action to which the investigation relates, if doing so would, in the Ombudsman's opinion, involve the disclosure of sensitive information.

16 After subsection 12(5)

Insert:

(5A) Despite subsection 12(5), where the prescribed authority is the National Crime Authority, the Ombudsman must delete from any copy of the recommendations and any comments (if any) provided to a complainant, such material as the Ombudsman thinks fit as would disclose sensitive information.

17 After subsection 15(2)

Insert:

(2A) Where the prescribed authority is the National Crime Authority, prior to reporting under subsection 15(2), the Ombudsman must:

(a) prepare a draft report setting out the Ombudsman's conclusions and recommendations as a result of the investigation; and

(b) give a copy of the draft report to the Chairperson of the National Crime Authority; and

(c) if the Chairperson of the National Crime Authority provides comments on the draft report to the Ombudsman within a reasonable time after being given a copy of it:

(i) take account of those comments in preparing the final report under subsection 15(2); and

(ii) if the Ombudsman considers it appropriate--set out the Ombudsman's response to any of those comments in the report.