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Australian Crime Commission Act 2002
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Department of Home Affairs
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C2013C00202
12 April 2013
-
11 March 2014
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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
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
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 functions
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
22 Search warrants
23 Application by telephone for search warrants
24 Order for delivery to examiner of passport of witness
24AA Use of and sharing returnable items
24AB When returnable items must be returned
24AC Issuing officer may permit a returnable item to be retained, forfeited etc.
Division 2—Examinations
24A Examinations
25A Conduct of examination
26 Reimbursement of expenses
27 Legal and financial assistance
28 Power to summon witnesses and take evidence
29 Power to obtain documents
29A Disclosure of summons or notice etc. may be prohibited
29B 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 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—investigation of offences against State laws
55B Choice of Commonwealth and State powers
55C No obligation to perform duties etc. in relation to a relevant criminal activity that is not a federally relevant criminal activity
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
59AB Disclosing information to private sector bodies
59AC Confidentiality in relation to examinations
59AD Publication of reports in relation to offences
59A Delegation
59B Liability for damages
60 Public meetings and bulletins
61 Annual report
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—Legislation history
Endnote 2—Amendment history
Endnote 3—Uncommenced amendments
Endnote 4—Misdescribed amendments [none]