Australian Crime Commission Act 2002 (Cth)

Australian Crime Commission Act 2002

No. 41, 1984

Compilation No. 75

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Australian Crime Commission Act 2002 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 Part II—The Australian Crime Commission (the ACC) 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 36P Restriction on further assessments after review 36Q Secrecy—criminal intelligence assessment information 36R Costs 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 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 Schedule 2—Certain bodies not subject to section 19A Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history