Australian Crime Commission (Queensland) Act 2003 (Qld)

Australian Crime Commission (Queensland) Act 2003

An Act to make provision for the operation of the Australian Crime Commission in Queensland, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Australian Crime Commission (Queensland) Act 2003.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Interpretation (1) The dictionary in schedule 2 defines particular words used in this Act. (2) If this Act uses a term that is used in the ACC Act, the term has the same meaning in this Act as it has in the ACC Act unless the contrary intention appears in this Act. (3) If the head of an ACC operation/investigation suspects that an offence (the incidental offence) that is not a serious and organised crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a serious and organised crime (whether or not the head has identified the nature of that serious and organised crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a serious and organised crime. (4) A reference in this Act, other than part 2, to a function includes a reference to a power or duty. (5) A note in the text of this Act is part of the Act.

4 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

Part 2 The Australian Crime Commission, the Board and the Inter-Governmental Committee

Division 1 The Australian Crime Commission

5 Functions of ACC The ACC has the following functions— (a) to undertake an intelligence operation in so far as 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 (irrespective of whether that offence or those offences have a federal aspect); (b) to investigate a matter relating to a relevant criminal activity, in so far as 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 (irrespective of whether that offence or those offences have a federal aspect); (c) to provide a report to the Board on the outcome of an operation mentioned in paragraph (a) or an investigation mentioned in paragraph (b); (d) the functions conferred on the ACC by other provisions of this Act or any other Act.