Western Australian Legislation
Western Australia Australian Crime Commission (Western Australia) Act 2004 Western Australia Australian Crime Commission (Western Australia) Act 2004 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Act to bind the Crown 6 Part 2 — The Australian Crime Commission, the Board and the Inter‑Governmental Committee Division 1 — The Australian Crime Commission 5. Functions of ACC 7 6. CEO to manage ACC operations/investigations 7 7. Counsel assisting ACC 8 Division 2 — The Board of the ACC 8. Functions of the Board 8 9. Board meetings 9 10. Presiding at Board meetings 9 11. Quorum at Board meetings 10 12. Voting at Board meetings 10 13. Conduct of Board meetings 10 14. Resolutions outside of Board meetings 10 15. Board committees 11 Division 3 — The Inter‑Governmental Committee 16. Functions of Committee 12 Part 3 — Examinations 17. Examinations 14 18. Conduct of examination 14 19. Power to summon witnesses and take evidence 17 20. Power to obtain documents 19 21. Disclosure of summons or notice may be prohibited 20 22. Offences of disclosure 22 23. Failure of witnesses to attend and answer questions 24 24. Warrant for arrest of witness 26 25. False or misleading evidence 28 26. Protection of witnesses from harm or intimidation 28 27. Legal protection of examiners, counsel and witnesses 29 28. Order for delivery to examiner of passport of witness 29 Part 4 — Search warrants 29. Search warrants 31 30. Application by telephone for search warrants 34 Part 5 — Performance of functions and exercise of powers 31. Consent of Board may be needed before functions can be performed 37 32. Functions not affected by State laws 37 33. Extent to which functions are conferred 37 34. Performance of functions 37 35. Functions of federal judicial officers 39 36. Limitation on challenge to Board determination 39 37. Cooperation with law enforcement agencies and coordination with overseas authorities 40 38. Incidental powers of ACC 40 Part 6 — General 39. Double jeopardy 41 40. Arrangements for Board to obtain information or intelligence 41 41. Administrative arrangements with the Commonwealth 41 42. Judges to perform functions under the ACC Act 41 43. Furnishing of reports and information 41 44. Secrecy 44 45. Delegation 46 46. Liability for damages 46 47. Obstructing, hindering or disrupting the ACC or an examiner 46 48. Public meetings and bulletins 47 49. Annual report 47 50. Tabling of the review of the ACC Act 49 51. Review of Act 49 52. Things done for multiple purposes 49 53. Regulations 50 Part 7 — Transitional 54. Terms used in this Part 51 55. Certain investigations taken to be special investigations 51 56. Assembling and giving evidence obtained by the NCA 51 57. Limitation on challenges to validity of references 51 58. Arrangements to obtain information or intelligence 52 59. Things seized under search warrants 52 60. Directions as to publication 52 61. Disclosure of summons or notice 52 62. Witness protection 53 63. Administrative arrangements in relation to the NCA 53 64. Secrecy obligations 53 65. Validation of administrative actions 54 66. Transitional regulations 54 Part 8 — Repeal of the National Crime Authority (State Provisions) Act 1985 and amendments to other written laws 67. National Crime Authority (State Provisions) Act 1985 repealed 55 68. Co‑operative Schemes (Administrative Actions) Act 2001 amended 55 69. Federal Courts (State Jurisdiction) Act 1999 amended 55 70. First Home Owner Grant Regulations 2000 amended 56 71. Royal Commission (Custody of Records) Act 1992 amended 56 72. Surveillance Devices Act 1998 amended 56 73. Surveillance Devices Regulations 1999 amended 58 74. Telecommunications (Interception) Western Australia Act 1996 amended 59 75. Witness Protection (Western Australia) Act 1996 amended 59 Notes Compilation table 61 Defined terms Western Australia Australian Crime Commission (Western Australia) Act 2004 An Act to — • provide for the operation of the Australian Crime Commission in Western Australia; • repeal the National Crime Authority (State Provisions) Act 1985; and • make consequential amendments to various written laws, and for related purposes.
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