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This is a Bill, not an Act. For current law, see the Acts databases.


AUSTRALIAN CRIME COMMISSION (WESTERN AUSTRALIA) BILL 2003

                          Western Australia


      Australian Crime Commission (Western
                Australia) Bill 2003

                            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

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Australian Crime Commission (Western Australia) Bill 2003



Contents



   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



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         Australian Crime Commission (Western Australia) Bill 2003



                                                             Contents



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                        50
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                    57
73.   Surveillance Devices Regulations 1999 amended            59


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Australian Crime Commission (Western Australia) Bill 2003



Contents



   74.     Telecommunications (Interception) Western Australia
           Act 1996 amended                                      60
   75.     Witness Protection (Western Australia) Act 1996
           amended                                               60
           Defined Terms




page iv
                           Western Australia


                      LEGISLATIVE COUNCIL

                      (As amended in Committee)



      Australian Crime Commission (Western
                Australia) Bill 2003


                               A Bill for


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.



The Parliament of Western Australia enacts as follows:




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     Australian Crime Commission (Western Australia) Bill 2003
     Part 1          Preliminary

     s. 1



                               Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Australian Crime Commission
                (Western Australia) Act 2003.

 5   2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Terms used in this Act
10        (1)   In this Act unless the contrary intention appears --
                "ACC Act" means the Australian Crime Commission Act 2002
                     of the Commonwealth;
                Note: That Act was originally known as the National Crime Authority
                      Act 1984.
15              "ACC operation/investigation" means --
                    (a) an ACC State intelligence operation; or
                    (b) an ACC State investigation;
                "ACC State intelligence operation" means an intelligence
                    operation that the ACC is undertaking under section 5(b);
20              "ACC State investigation" means an investigation that the
                    ACC is conducting under section 5(a);
                "authority" includes a department, agency or body;
                "Commonwealth body or person" means --
                    (a) the ACC;
25                  (b) the Board;
                    (c) the Chair of the Board;
                    (d) a member of the Board;
                    (e) the Inter-Governmental Committee;


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                                         Preliminary          Part 1

                                                                    s. 3



           (f) the CEO;
          (g) a member of the staff of the ACC;
          (h) an examiner;
           (i) a Judge of the Federal Court; or
 5         (j) a Federal Magistrate;
     "Commonwealth Minister" means the Commonwealth
          Minister administering the ACC Act;
     "confer" includes to impose;
     "Federal Magistrate" means a Federal Magistrate (including
10        the Chief Federal Magistrate) who holds office under the
          Federal Magistrates Act 1999 of the Commonwealth;
     "function" has a meaning affected by subsection (5);
     "intelligence operation" means the collection, correlation,
          analysis or dissemination of criminal information and
15        intelligence relating to a relevant criminal activity;
     "issuing officer" means --
          (a) a Judge of the Federal Court;
          (b) a Judge of a court of the State; or
          (c) a Federal Magistrate;
20   "perform" includes to exercise;
     "serious and organised crime" means an offence --
          (a) that involves 2 or more offenders and substantial
                 planning and organisation;
          (b) that involves, or is of a kind that ordinarily involves,
25               the use of sophisticated methods and techniques;
          (c) that is committed, or is of a kind that is ordinarily
                 committed, in conjunction with other offences of a
                 like kind;




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     s. 3



                  (d)      that is an offence of a kind prescribed by the
                           regulations or an offence that involves any of the
                           following --
                              (i) theft;
 5                           (ii) fraud;
                            (iii) tax evasion;
                            (iv) money laundering;
                             (v) currency violations;
                            (vi) illegal drug dealings;
10                         (vii) illegal gambling;
                          (viii) obtaining financial benefit by vice engaged in
                                    by others;
                            (ix) extortion;
                             (x) violence;
15                          (xi) bribery or corruption of, or by, an officer of
                                    the Commonwealth, an officer of a State or an
                                    officer of a Territory;
                           (xii) perverting the course of justice;
                          (xiii) bankruptcy and company violations;
20                        (xiv) harbouring of criminals;
                           (xv) forging of passports;
                          (xvi) firearms;
                         (xvii) armament dealings;
                        (xviii) illegal importation or exportation of fauna into
25                                  or out of Australia;
                          (xix) cybercrime;
                           (xx) matters of the same general nature as one or
                                    more of the matters listed above;
                           and




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                                               Preliminary          Part 1

                                                                        s. 3



               (e)   that is punishable by imprisonment for a period of
                     3 years or more,
               but --
                (f) does not include an offence committed in the course
 5                   of a genuine dispute as to matters pertaining to the
                     relations of employees and employers by a party to
                     the dispute, unless the offence is committed in
                     connection with, or as part of, a course of activity
                     involving the commission of a serious and organised
10                   crime other than an offence so committed; and
               (g) does not include an offence the time for the
                     commencement of a prosecution for which has
                     expired;
           "special ACC operation/investigation" means --
15             (a) an ACC State intelligence operation that the Board
                     has determined to be a special operation; or
               (b) an ACC State investigation that the Board has
                     determined to be a special investigation;
           "State Minister" means the State Minister administering this
20             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)   For the purposes of this Act (except the definition of
25         "Commonwealth body or person" in subsection (1)) the
           definition of "member of the staff of the ACC" in section 4(1)
           of the ACC Act is taken to extend to a legal practitioner
           appointed under section 7.
     (4)   If the head of an ACC operation/investigation suspects that an
30         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


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     Australian Crime Commission (Western Australia) Bill 2003
     Part 1          Preliminary

     s. 4



                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.
 5        (5)   A reference in this Act, other than Part 2, to a "function"
                includes a reference to a power or duty.
          (6)   In this Act a fine expressed as a number of "penalty units" is a
                fine of the amount calculated in accordance with the following
                formula --
10                 A×B
                   where --
                      A      is that number of penalty units; and
                      B      is the amount (in dollars) that is for the time being a
                             penalty unit under section 4AA of the Crimes
15                           Act 1914 of the Commonwealth.
          (7)   The words "Summary conviction penalty" appearing in this
                Act in respect of an offence have the meaning and effect
                provided for in section 5 of The Criminal Code.

     4.         Act to bind the Crown
20              This Act binds the Crown in right of the State and, so far as the
                legislative power of the State permits, the Crown in its other
                capacities.




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                       Australian Crime Commission (Western Australia) Bill 2003
          The Australian Crime Commission, the Board and the Inter-       Part 2
                                         Governmental Committee
                                  The Australian Crime Commission    Division 1
                                                                             s. 5


          Part 2 -- The Australian Crime Commission, the
           Board and the Inter-Governmental Committee
                Division 1 -- The Australian Crime Commission
     5.         Functions of ACC
 5              The ACC has the following functions --
                 (a) 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
10                    (irrespective of whether that offence or those offences
                      have a federal aspect);
                 (b) 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
15                    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 such
                      an investigation or operation;
                 (d) such other functions as are conferred on the ACC by
20                    other provisions of this Act or any other Act.

     6.         CEO to manage ACC operations/investigations
          (1)   The CEO is to manage, coordinate and control ACC
                operations/investigations.
          (2)   As soon as practicable after the Board consents under
25              section 55A(3) of the ACC Act to the ACC undertaking an
                intelligence operation under section 5(b) or conducting an
                investigation under section 5(a), the CEO must determine, in
                writing, the head of the operation or investigation.
          (3)   Before the CEO determines the head of the operation or
30              investigation, the CEO must consult the Chair of the Board, and


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     Australian Crime Commission (Western Australia) Bill 2003
     Part 2          The Australian Crime Commission, the Board and the Inter-
                     Governmental Committee
     Division 2      The Board of the ACC
     s. 7


                such other members of the Board as the CEO thinks appropriate,
                in relation to the determination.
          (4)   Subject to such consultation with the examiners as is
                appropriate and practicable, the CEO may make arrangements
 5              as to the examiner who is to be able to exercise his or her
                powers under this Act in relation to a special
                ACC operation/investigation.

     7.         Counsel assisting ACC
                The CEO may appoint a legal practitioner to assist the ACC as
10              counsel in relation to ACC operations/investigations generally
                or in relation to a particular matter or matters.

                       Division 2 -- The Board of the ACC
     8.         Functions of the Board
          (1)   The Board has the following functions --
15               (a) to determine, in writing, whether an ACC State
                      intelligence operation is a special operation or whether
                      an ACC State investigation is a special investigation;
                 (b) to determine, in writing, the class or classes of persons
                      to participate in an ACC State intelligence operation or
20                    ACC State investigation;
                 (c) to establish task forces;
                 (d) such other functions as are conferred on the Board by
                      other provisions of this Act.
          (2)   The Board may determine, in writing, that an ACC State
25              intelligence operation is a special operation but, before doing so,
                it must consider whether methods of collecting the criminal
                information and intelligence that do not involve the use of
                powers in this Act have been effective.
          (3)   The Board may determine, in writing, that an ACC State
30              investigation is a special investigation but, before doing so, it


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                        Australian Crime Commission (Western Australia) Bill 2003
           The Australian Crime Commission, the Board and the Inter-       Part 2
                                          Governmental Committee
                                              The Board of the ACC    Division 2
                                                                              s. 9


                 must consider whether ordinary police methods of investigation
                 into the matters are likely to be effective.
           (4)   A determination under subsection (2) or (3) must --
                  (a) describe the general nature of the circumstances or
 5                      allegations constituting the relevant criminal activity to
                        which the operation or investigation relates;
                  (b) state that 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 but need not
10                      specify the particular offence or offences; and
                  (c) set out the purpose of the operation or investigation.
           (5)   The Chair of the Board must, within the period of 3 days
                 beginning on the day a determination under subsection (2) or (3)
                 is made, give a copy of the determination to the
15               Inter-Governmental Committee.
           (6)   A determination under subsection (2) or (3) has effect
                 immediately after it is made.
           (7)   Sections 9 to 15 have effect in relation to the Board's functions
                 under this Act.

20   9.          Board meetings
           (1)   The Chair of the Board may convene meetings of the Board.
           (2)   The Chair, in exercising his or her power to convene meetings,
                 must ensure that meetings of the Board are scheduled to meet
                 the requirements set out in section 7D of the ACC Act.

25   10.         Presiding at Board meetings
                 A meeting of the Board must be presided over by --
                  (a) if the Chair of the Board is present -- the Chair; or
                  (b) otherwise -- another eligible Commonwealth Board
                        member who is present and who is nominated, in
30                      writing, by the Chair to preside.

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     Australian Crime Commission (Western Australia) Bill 2003
     Part 2          The Australian Crime Commission, the Board and the Inter-
                     Governmental Committee
     Division 2      The Board of the ACC
     s. 11


     11.         Quorum at Board meetings
                 At a meeting of the Board a quorum is constituted by 7 Board
                 members (not including the CEO).

     12.         Voting at Board meetings
 5         (1)   Subject to this section, a question arising at a meeting of the
                 Board is to be determined by a majority of the votes of Board
                 members present.
           (2)   The person presiding at a meeting has --
                  (a) a deliberative vote; and
10                (b) if necessary, also a casting vote.
           (3)   The CEO is not entitled to vote on any question arising at a
                 meeting of the Board.
           (4)   The Board cannot determine that an ACC State intelligence
                 operation is a special operation, or that an ACC State
15               investigation is a special investigation, unless at least 9 Board
                 members (including at least 2 eligible Commonwealth Board
                 members) vote in favour of making the determination.

     13.         Conduct of Board meetings
           (1)   The Board may regulate proceedings at its meetings as it
20               considers appropriate.
           (2)   The Board must ensure that minutes of its meetings are kept.

     14.         Resolutions outside of Board meetings
           (1)   This section applies to a resolution --
                  (a) which, without being considered at a meeting of the
25                      Board, is referred to all members of the Board; and
                  (b) of which --
                           (i) if subparagraph (ii) does not apply -- a majority
                                of those members (not including the CEO); or


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                        Australian Crime Commission (Western Australia) Bill 2003
           The Australian Crime Commission, the Board and the Inter-       Part 2
                                          Governmental Committee
                                              The Board of the ACC    Division 2
                                                                             s. 15


                          (ii)  if the resolution is that the Board determine that
                                an ACC State intelligence operation is a special
                                operation, or that an ACC State investigation is a
                                special investigation -- at least 9 Board
 5                              members (not including the CEO but including at
                                least 2 eligible Commonwealth Board members),
                        indicate by telephone or other mode of communication
                        to the Chair of the Board that they are in favour.
           (2)   The resolution is as valid and effectual as if it had been passed
10               at a meeting of the Board duly convened and held.

     15.         Board committees
           (1)   The Board may, with the unanimous agreement of all the
                 members of the Board (not including the CEO), establish a
                 committee or committees to assist in carrying out the functions
15               of the Board.
           (2)   The Board may dissolve a committee at any time.
           (3)   The functions of a committee are as determined by the
                 unanimous agreement of all the members of the Board (not
                 including the CEO).
20         (4)   However, the Board cannot determine that a committee has the
                 function of determining whether an ACC State intelligence
                 operation is a special operation or whether an ACC State
                 investigation is a special investigation.
           (5)   In performing its functions, a committee must comply with any
25               directions given to the committee by the Board.
           (6)   A question arising at a meeting of a committee is to be
                 determined by a majority of the votes of committee members
                 present.
           (7)   However, the CEO is not entitled to vote on any question
30               arising at a meeting of a committee of which he or she is a
                 member.


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     Australian Crime Commission (Western Australia) Bill 2003
     Part 2          The Australian Crime Commission, the Board and the Inter-
                     Governmental Committee
     Division 3      The Inter-Governmental Committee
     s. 16


           (8)   A committee must inform the other members of the Board of its
                 decisions.
           (9)   A committee may regulate proceedings at its meetings as it
                 considers appropriate.
 5     (10)      A committee must ensure that minutes of its meetings are kept.

                 Division 3 -- The Inter-Governmental Committee
     16.         Functions of Committee
           (1)   Within the period of 30 days beginning on the day the
                 Committee is given a copy of a determination (a "special
10               determination") under section 8(2) or (3), the Committee may
                 by resolution, with the agreement of the member of the
                 Committee representing the Commonwealth and at least 5 other
                 members of the Committee, request the Chair of the Board to
                 give further information to the Committee in relation to the
15               determination.
           (2)   Subject to subsection (3), the Chair of the Board must comply
                 with the request.
           (3)   If the Chair of the Board considers that disclosure of
                 information to the public could prejudice the safety or
20               reputation of persons or the operations of law enforcement
                 agencies, the Chair must not give the Committee the
                 information.
           (4)   If the Chair of the Board does not give the Committee
                 information on the ground that the Chair considers that
25               disclosure of the information to the public could prejudice the
                 safety or reputation of persons or the operations of law
                 enforcement agencies, the Committee may refer the request to
                 the State Minister.




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                  Australian Crime Commission (Western Australia) Bill 2003
     The Australian Crime Commission, the Board and the Inter-       Part 2
                                      Governmental Committee
                            The Inter-Governmental Committee    Division 3
                                                                       s. 16


     (5)   If the Committee refers the request to the State Minister, he or
           she --
              (a) must determine in writing whether disclosure of the
                   information could prejudice the safety or reputation of
 5                 persons or the operations of law enforcement agencies;
             (b) must provide copies of that determination to the Chair of
                   the Board and the Committee; and
              (c) must not disclose his or her reasons for determining the
                   question of whether the information could prejudice the
10                 safety or reputation of persons or the operations of law
                   enforcement agencies in the way stated in the
                   determination.
     (6)   Within the period of 30 days beginning on the day the
           Committee makes a request under subsection (1) in relation to a
15         special determination, the Committee may by resolution, with
           the agreement of the member of the Committee representing the
           Commonwealth and at least 5 other members of the Committee,
           revoke the determination.
     (7)   The Committee must notify the Chair of the Board and the CEO
20         of the revocation. The revocation takes effect when the CEO is
           so notified.
     (8)   To avoid doubt, the revoking of the determination does not
           affect the validity of any act done in connection with the ACC
           operation/investigation concerned before the CEO is so notified.
25   (9)   The Committee does not have a duty to consider whether to
           exercise the power under subsection (1) or (6) in respect of any
           special determination, whether the Committee is requested to do
           so by any person, or in any other circumstances.




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     Australian Crime Commission (Western Australia) Bill 2003
     Part 3          Examinations

     s. 17



                             Part 3 -- Examinations
     17.         Examinations
                 An examiner may conduct an examination for the purposes of a
                 special ACC operation/investigation.

 5   18.         Conduct of examination
           (1)   An examiner may regulate the conduct of proceedings at an
                 examination as the examiner thinks fit.
           (2)   At an examination before an examiner --
                  (a) a person giving evidence may be represented by a legal
10                      practitioner; and
                  (b) if, by reason of the existence of special circumstances,
                        the examiner consents to a person who is not giving
                        evidence being represented by a legal practitioner -- the
                        person may be so represented.
15         (3)   An examination before an examiner must be held in private and
                 the examiner may give directions as to the persons who may be
                 present during the examination or a part of the examination.
           (4)   Nothing in a direction given by the examiner under
                 subsection (3) prevents the presence, when evidence is being
20               taken at an examination before the examiner, of --
                   (a) a person representing the person giving evidence; or
                   (b) a person representing, in accordance with subsection (2),
                         a person who, by reason of a direction given by the
                         examiner under subsection (3), is entitled to be present.
25         (5)   If an examination before an examiner is being held, a person
                 (other than a member of the staff of the ACC approved by the
                 examiner) must not be present at the examination unless the
                 person is entitled to be present by reason of a direction given by
                 the examiner under subsection (3) or by reason of
30               subsection (4).


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                 Australian Crime Commission (Western Australia) Bill 2003
                                            Examinations            Part 3

                                                                        s. 18



     (6)   At an examination before an examiner --
            (a) counsel assisting the examiner generally or in relation to
                  the matter to which the ACC operation/investigation
                  relates;
 5          (b) any person authorised by the examiner to appear before
                  the examiner at the examination; or
            (c) any legal practitioner representing a person at the
                  examination in accordance with subsection (2),
           may, so far as the examiner thinks appropriate, examine or
10         cross-examine any witness on any matter that the examiner
           considers relevant to the ACC operation/investigation.
     (7)   If a person (other than a member of the staff of the ACC) is
           present at an examination before an examiner while another
           person (the "witness") is giving evidence at the examination,
15         the examiner must --
              (a) inform the witness that the person is present; and
             (b) give the witness an opportunity to comment on the
                   presence of the person.
     (8)   To avoid doubt, a person does not cease to be entitled to be
20         present at an examination before an examiner or part of such an
           examination if --
             (a) the examiner fails to comply with subsection (7); or
             (b) a witness comments adversely on the presence of the
                   person under subsection (7)(b).
25   (9)   An examiner may direct that --
            (a) any evidence given before the examiner;
            (b) the contents of any document, or a description of any
                 thing, produced to the examiner;
            (c) any information that might enable a person who has
30               given evidence before the examiner to be identified; or




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     Australian Crime Commission (Western Australia) Bill 2003
     Part 3          Examinations

     s. 18



                 (d)    the fact that any person has given or may be about to
                        give evidence at an examination,
               must not be published, or must not be published except in such
               manner, and to such persons, as the examiner specifies. The
 5             examiner must give such a direction if the failure to do so might
               prejudice the safety or reputation of a person or prejudice the
               fair trial of a person who has been, or may be, charged with an
               offence.
       (10)    Subject to subsection (11), the CEO may, in writing, vary or
10             revoke a direction under subsection (9).
       (11)    The CEO must not vary or revoke a direction if to do so might
               prejudice the safety or reputation of a person or prejudice the
               fair trial of a person who has been or may be charged with an
               offence.
15     (12)    If --
                  (a)   a person has been charged with an offence before a
                        federal court or before a court of the State; and
                 (b)    the court considers that it may be desirable in the
                        interests of justice that particular evidence given before
20                      an examiner, being evidence in relation to which the
                        examiner has given a direction under subsection (9), be
                        made available to the person or to a legal practitioner
                        representing the person,
               the court may give to the examiner or to the CEO a certificate to
25             that effect and, if the court does so, the examiner or the CEO, as
               the case may be, must make the evidence available to the court.
       (13)    If --
                  (a)   the examiner or the CEO makes evidence available to a
                        court in accordance with subsection (12); and




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                  (b)    the court, after examining the evidence, is satisfied that
                         the interests of justice so require,
                 the court may make the evidence available to the person
                 charged with the offence concerned or to a legal practitioner
 5               representing the person.
      (14)       A person who --
                  (a) is present at an examination in contravention of
                        subsection (5); or
                  (b) makes a publication in contravention of a direction
10                      given under subsection (9),
                 is guilty of an offence.
                 Penalty: A fine of 20 penalty units or imprisonment for one
                      year.
      (15)       At the conclusion of an examination held by an examiner, the
15               examiner must give the head of the special ACC
                 operation/investigation --
                   (a) a record of the proceedings of the examination; and
                   (b) any documents or other things given to the examiner at,
                         or in connection with, the examination.

20   19.         Power to summon witnesses and take evidence
           (1)   An examiner may summon a person to appear before the
                 examiner at an examination to give evidence and to produce
                 such documents or other things (if any) as are referred to in the
                 summons.
25         (2)   Before issuing a summons under subsection (1), the examiner
                 must be satisfied that it is reasonable in all the circumstances to
                 do so. The examiner must also record in writing the reasons for
                 the issue of the summons.
           (3)   A summons under subsection (1) requiring a person to appear
30               before an examiner at an examination must be accompanied by
                 a copy of the determination of the Board that the State ACC

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               intelligence operation is a special operation or that the State
               ACC investigation is a special investigation.
        (4)    A summons under subsection (1) requiring a person to appear
               before an examiner at an examination must, unless the examiner
 5             issuing the summons is satisfied that, in the particular
               circumstances of the special ACC operation/investigation to
               which the examination relates, it would prejudice the
               effectiveness of the special ACC operation/investigation for the
               summons to do so, set out, so far as is reasonably practicable,
10             the general nature of the matters in relation to which the
               examiner intends to question the person, but nothing in this
               subsection prevents the examiner from questioning the person in
               relation to any matter that relates to a special ACC
               operation/investigation.
15      (5)    The examiner who is holding an examination may require a
               person appearing at the examination to produce a document or
               other thing.
        (6)    An examiner may, at an examination, take evidence on oath or
               affirmation and for that purpose --
20               (a) the examiner may require a person appearing at the
                      examination to give evidence either to take an oath or to
                      make an affirmation in a form approved by the
                      examiner; and
                 (b) the examiner, or a person who is an authorised person in
25                    relation to the ACC, may administer an oath or
                      affirmation to a person so appearing at the examination.
        (7)    In this section, a reference to a person who is an authorised
               person in relation to the ACC is a reference to a person
               authorised in writing, or a person included in a class of persons
30             authorised in writing, for the purposes of this section by the
               CEO.
        (8)    The powers conferred by this section are not exercisable except
               for the purposes of a special ACC operation/investigation.


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     20.         Power to obtain documents
           (1)   An examiner may, by notice in writing served on a person,
                 require the person --
                   (a) to attend, at a time and place specified in the notice,
 5                       before a person specified in the notice, being the
                         examiner or a member of the staff of the ACC; and
                   (b) to produce at that time and place to the person so
                         specified a document or thing specified in the notice,
                         being a document or thing that is relevant to a special
10                       ACC operation/investigation.
           (2)   Before issuing a notice under subsection (1), the examiner must
                 be satisfied that it is reasonable in all the circumstances to do so.
                 The examiner must also record in writing the reasons for the
                 issue of the notice.
15         (3)   A notice may be issued under this section in relation to a special
                 ACC operation/investigation, whether or not an examination
                 before an examiner is being held for the purposes of the
                 operation or investigation.
           (4)   A person must not refuse or fail to comply with a notice served
20               on the person under this section.
           (5)   A person who contravenes subsection (4) is guilty of a crime.
                 Penalty: A fine of 200 penalty units or imprisonment for
                     5 years.
                 Summary conviction penalty: A fine of 20 penalty units or
25                   imprisonment for one year.
           (6)   The provisions of section 23(3) to (5) and (7) apply in relation
                 to a person who is required to produce a document or thing by a
                 notice served on him or her under this section in the same
                 manner as they apply in relation to a person who is required to
30               produce a document or thing at an examination before an
                 examiner.



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           (7)   If there is a contravention of section 23(3) as applied by
                 subsection (6), the provisions of section 23(6) apply to that
                 contravention.

     21.         Disclosure of summons or notice may be prohibited
 5         (1)   The examiner issuing a summons under section 19 or a notice
                 under section 20 must, or may, as provided in subsection (2),
                 include in it a notation to the effect that disclosure of
                 information about the summons or notice, or any official matter
                 connected with it, is prohibited except in the circumstances, if
10               any, specified in the notation.
           (2)   A notation must not be included in the summons or notice
                 except as follows --
                   (a) the examiner must include the notation if satisfied that
                        failure to do so would reasonably be expected to
15                      prejudice --
                           (i) the safety or reputation of a person;
                          (ii) the fair trial of a person who has been or may be
                                charged with an offence; or
                         (iii) the effectiveness of an operation or investigation;
20                 (b) the examiner may include the notation if satisfied that
                        failure to do so might prejudice --
                           (i) the safety or reputation of a person;
                          (ii) the fair trial of a person who has been or may be
                                charged with an offence; or
25                       (iii) the effectiveness of an operation or investigation;
                   (c) the examiner may include the notation if satisfied that
                        failure to do so might otherwise be contrary to the public
                        interest.
           (3)   If a notation is included in the summons or notice, it must be
30               accompanied by a written statement setting out the rights and
                 obligations conferred or imposed by section 22 on the person


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           who was served with, or otherwise given, the summons or
           notice.
     (4)   If, after the ACC has concluded the operation or investigation
           concerned --
 5            (a) no evidence of an offence has been obtained as
                    described in section 34(1);
             (b) evidence of an offence or offences has been assembled
                    and given as required by section 34(1) and the CEO has
                    been advised that no person will be prosecuted;
10            (c) evidence of an offence or offences committed by only
                    one person has been assembled and given as required by
                    section 34(1) and criminal proceedings have begun
                    against that person; or
             (d) evidence of an offence or offences committed by 2 or
15                  more persons has been assembled and given as required
                    by section 34(1) and --
                       (i) criminal proceedings have begun against all
                            those persons; or
                      (ii) criminal proceedings have begun against one or
20                          more of those persons and the CEO has been
                            advised that no other of those persons will be
                            prosecuted,
           all the notations that were included under this section in any
           summonses or notices relating to the operation or investigation
25         are cancelled by this subsection.
     (5)   If a notation is cancelled by subsection (4), the CEO must serve
           a written notice of that fact on each person who was served
           with, or otherwise given, the summons or notice containing the
           notation.
30   (6)   In this section --
           "official matter" has the same meaning as in section 22.



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     22.         Offences of disclosure
           (1)   A person who is served with, or otherwise given, a summons or
                 notice containing a notation made under section 21 must not
                 disclose --
 5                 (a) the existence of the summons or notice or any
                         information about it; or
                   (b) the existence of, or any information about, any official
                         matter connected with the summons or notice.
                 Penalty: A fine of 20 penalty units or imprisonment for one
10                   year.
           (2)   Subsection (1) does not prevent the person from making a
                 disclosure --
                   (a) in accordance with the circumstances, if any, specified
                         in the notation;
15                 (b) to a legal practitioner for the purpose of obtaining legal
                         advice or representation relating to the summons, notice
                         or matter;
                   (c) if the person is a body corporate -- to an officer or agent
                         of the body corporate for the purpose of ensuring
20                       compliance with the summons or notice; or
                   (d) if the person is a legal practitioner -- for the purpose of
                         obtaining the agreement of another person under
                         section 23(3) to the legal practitioner answering a
                         question or producing a document at an examination
25                       before an examiner.
           (3)   If a disclosure is made to a person as permitted by
                 subsection (2) or (4), the following provisions apply --
                    (a) while he or she is a person of a kind to whom a
                          disclosure is so permitted to be made, he or she must not
30                        disclose the existence of, or any information about, the
                          summons or notice, or any official matter connected
                          with it, except as permitted by subsection (4);



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            (b)   while he or she is no longer such a person, he or she
                  must not, in any circumstances, make a record of, or
                  disclose the existence of, the summons, notice or matter,
                  or disclose any information about any of them.
 5         Penalty: A fine of 20 penalty units or imprisonment for one
               year.
     (4)   A person to whom information has been disclosed, as permitted
           by subsection (2) or this subsection, may disclose that
           information --
10           (a) if the person is an officer or agent of a body corporate
                  referred to in subsection (2)(c) --
                     (i) to another officer or agent of the body corporate
                          for the purpose of ensuring compliance with the
                          summons or notice; or
15                  (ii) to a legal practitioner for the purpose of
                          obtaining legal advice or representation relating
                          to the summons, notice or matter;
                  or
             (b) if the person is a legal practitioner -- for the purpose of
20                giving legal advice, or making representations, relating
                  to the summons, notice or matter.
     (5)   This section ceases to apply to a summons or notice after --
            (a) the notation contained in the summons or notice is
                  cancelled by section 21(4); or
25          (b) 5 years elapse after the issue of the summons or notice,
           whichever is sooner.
     (6)   A reference in this section to disclosing something's existence
           includes disclosing information from which a person could
           reasonably be expected to infer its existence.




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           (7)   In this section --
                 "official matter" means any of the following (whether past,
                      present or contingent) --
                         (a)   the determination referred to in section 19(3);
 5                       (b)   an ACC operation/investigation;
                         (c)   an examination held by an examiner;
                         (d)   court proceedings.

     23.         Failure of witnesses to attend and answer questions
           (1)   A person served, as prescribed, with a summons to appear as a
10               witness at an examination before an examiner must not --
                  (a) fail to attend as required by the summons; or
                  (b) fail to attend from day to day unless excused, or released
                        from further attendance, by the examiner.
           (2)   A person appearing as a witness at an examination before an
15               examiner must not --
                   (a)     when required pursuant to section 19 either to take an
                           oath or make an affirmation -- refuse or fail to comply
                           with the requirement;
                  (b)      refuse or fail to answer a question that he or she is
20                         required to answer by the examiner; or
                   (c)     refuse or fail to produce a document or thing that he or
                           she was required to produce by a summons under this
                           Act served on him or her as prescribed.
           (3)   Where --
25                (a) a legal practitioner is required to answer a question or
                       produce a document at an examination before an
                       examiner; and
                  (b) the answer to the question would disclose, or the
                       document contains, a privileged communication made
30                     by or to the legal practitioner in his or her capacity as a
                       legal practitioner,

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                                                                        s. 23



           the legal practitioner is entitled to refuse to comply with the
           requirement unless the person to whom or by whom the
           communication was made agrees to the legal practitioner
           complying with the requirement but, where the legal practitioner
 5         refuses to comply with the requirement, he or she must, if so
           required by the examiner, give the examiner the name and
           address of the person to whom or by whom the communication
           was made.
     (4)   Subsection (5) limits the use that can be made of any answers
10         given at an examination before an examiner, or documents or
           things produced at an examination before an examiner. That
           subsection only applies if --
             (a) a person appearing as a witness at an examination before
                   an examiner --
15                    (i) answers a question that he or she is required to
                           answer by the examiner; or
                     (ii) produces a document or thing that he or she was
                           required to produce by a summons under this Act
                           served on him or her as prescribed;
20           (b) in the case of the production of a document that is, or
                   forms part of, a record of an existing or past business --
                   the document sets out details of earnings received by the
                   person in respect of his or her employment and does not
                   set out any other information; and
25           (c) before answering the question or producing the
                   document or thing, the person claims that the answer, or
                   the production of the document or thing, might tend to
                   incriminate the person or make the person liable to a
                   penalty.
30   (5)   The answer, or the document or thing, is not admissible in
           evidence against the person in --
             (a) a criminal proceeding; or




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                  (b)   a proceeding for the imposition of a penalty,
                 other than --
                   (c) confiscation proceedings; or
                   (d) a proceeding in respect of --
 5                         (i) in the case of an answer -- the falsity of the
                               answer; or
                          (ii) in the case of the production of a document --
                               the falsity of any statement contained in the
                               document.
10         (6)   A person who contravenes subsection (1), (2) or (3) is guilty of
                 a crime.
                 Penalty: A fine of 200 penalty units or imprisonment for
                      5 years.
                 Summary conviction penalty: A fine of 20 penalty units or
15                    imprisonment for one year.
           (7)   Subsection (3) does not affect the law relating to legal
                 professional privilege.

     24.         Warrant for arrest of witness
           (1)   Where, upon application by an examiner, a Judge of the Federal
20               Court or the Supreme Court sitting in chambers is satisfied by
                 evidence on oath that there are reasonable grounds to believe --
                   (a) that a person who has been ordered, under section 28, to
                        deliver his or her passport to the examiner, whether or
                        not the person has complied with the order, is
25                      nevertheless likely to leave Australia for the purpose of
                        avoiding giving evidence before the examiner;
                   (b) that a person in relation to whom a summons has been
                        issued under section 19(1) --
                           (i) has absconded or is likely to abscond; or




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                     (ii)   is otherwise attempting, or is otherwise likely to
                            attempt, to evade service of the summons;
                    or
             (c)    that a person has committed an offence under
 5                  section 23(1) or is likely to do so,
           the Judge may issue a warrant for the apprehension of the
           person.
     (2)   The warrant may be executed by any person to whom it is
           addressed and the person executing it has power to break into
10         and enter any premises, vessel, aircraft or vehicle for the
           purpose of executing it.
     (3)   A member of the Australian Federal Police cannot execute
           the warrant unless he or she is also a member of the staff of
           the ACC.
15   (4)   The warrant may be executed even if the warrant is not at the
           time in the possession of the person executing it.
     (5)   A person executing the warrant may only use such reasonable
           force as is necessary for the execution.
     (6)   Where a person is apprehended under the warrant, he or she
20         must be brought, as soon as practicable, before a Judge of the
           Federal Court or the Supreme Court and the Judge may --
             (a) admit the person to bail, with such security as the Judge
                  thinks fit, on such conditions as he or she thinks
                  necessary to ensure the appearance of the person as a
25                witness before the examiner;
            (b) order the continued detention of the person for the
                  purposes of ensuring his or her appearance as such a
                  witness; or
             (c) order the release of the person.
30   (7)   Where a person is under detention under this section, he or she
           must, within 14 days after he or she was brought, or last
           brought, before a Judge of the Federal Court or the Supreme

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                 Court in accordance with this section, or within such shorter or
                 longer time as a Judge has fixed upon the last previous
                 appearance of the person before a Judge under this section, be
                 again brought before a Judge and the Judge may then exercise
 5               any of the powers of a Judge under subsection (6).
           (8)   In this section --
                 "Australia" includes the external Territories.

     25.         False or misleading evidence
           (1)   A person must not, at an examination before an examiner, give
10               evidence that the person knows is false or misleading in a
                 material particular.
           (2)   A person who contravenes subsection (1) is guilty of a crime.
                 Penalty: A fine of 200 penalty units or imprisonment for
                     5 years.
15               Summary conviction penalty: A fine of 20 penalty units or
                     imprisonment for one year.

     26.         Protection of witnesses from harm or intimidation
                 Where it appears to an examiner that, by reason of the fact that a
                 person --
20                 (a) is to appear, is appearing or has appeared at an
                        examination before the examiner to give evidence or to
                        produce a document or thing; or
                   (b) proposes to furnish or has furnished information, or
                        proposes to produce or has produced a document or
25                      thing, to the ACC otherwise than at an examination
                        before the examiner,
                 the safety of the person may be prejudiced or the person may be
                 subjected to intimidation or harassment, the examiner may make
                 such arrangements (including arrangements with the State
30               Minister or with members of the Australian Federal Police or of
                 the Police Force of the State) as are necessary to avoid prejudice


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                 to the safety of the person, or to protect the person from
                 intimidation or harassment.

     27.         Legal protection of examiners, counsel and witnesses
           (1)   An examiner has, in the performance of his or her functions or
 5               the exercise of his or her powers as an examiner in relation to an
                 examination before the examiner, the same protection and
                 immunity as a Justice of the High Court.
           (2)   A legal practitioner assisting the ACC or an examiner or
                 representing a person at an examination before an examiner has
10               the same protection and immunity as a barrister has in appearing
                 for a party in proceedings in the High Court.
           (3)   Subject to this Act, a person summoned to attend or appearing
                 before an examiner as a witness has the same protection as a
                 witness in proceedings in the High Court.

15   28.         Order for delivery to examiner of passport of witness
           (1)   Where, upon application by an examiner, a Judge of the Federal
                 Court sitting in chambers is satisfied by evidence on oath
                 that --
                   (a) in connection with a special ACC
20                       operation/investigation, a summons has been
                         issued under this Act requiring a person to appear
                         before an examiner at an examination (whether or
                         not the summons has been served), or a person has
                         appeared before an examiner at an examination, to give
25                       evidence or to produce documents or other things;
                   (b) there are reasonable grounds for believing that the
                         person may be able to give to the examiner evidence or
                         further evidence that is, or to produce to the examiner
                         documents or other things or further documents or other
30                       things that are, relevant to the special ACC
                         operation/investigation and could be of particular
                         significance to the special ACC operation/investigation;
                         and

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                (c)   there are reasonable grounds for suspecting that the
                      person intends to leave Australia and has in his or her
                      possession, custody or control a passport issued to him
                      or her,
 5             the Judge may make an order requiring the person to appear
               before a Judge of the Federal Court on a date, and at a time and
               place, specified in the order to show cause why he or she should
               not be ordered to deliver the passport to the examiner.
        (2)    Where a person appears before a Judge of the Federal Court
10             under an order made under subsection (1), the Judge may, if he
               or she thinks fit, make an order --
                 (a) requiring the person to deliver to the examiner any
                       passport issued to him or her that is in his or her
                       possession, custody or control; and
15               (b) authorising the examiner to retain the passport until the
                       expiration of such period (not exceeding one month) as
                       is specified in the order.
        (3)    A Judge of the Federal Court may, upon application by the
               examiner, extend for a further period (not exceeding one month)
20             or further periods (not exceeding one month in each case) the
               period for which the examiner is authorised to retain a passport
               under an order made under subsection (2), but so that the total
               period for which the examiner is authorised to retain the
               passport does not exceed 3 months.
25      (4)    A Judge of the Federal Court may, at any time while the
               examiner is authorised under an order made under this section
               to retain a passport issued to a person, upon application made by
               the person, revoke the order and, if the order is revoked, the
               examiner must forthwith return the passport to the person.
30      (5)    In this section --
               "Australia" includes the external Territories.




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                           Part 4 -- Search warrants
     29.         Search warrants
           (1)   An eligible person may apply to an issuing officer for the issue
                 of a warrant under subsection (2) if --
 5                 (a) the eligible person has reasonable grounds for
                        suspecting that, on a particular day (the "relevant
                        day"), being the day on which, or a particular day
                        within one month after the day on which, the application
                        is made, there may be, upon any land or upon or in any
10                      premises, vessel, aircraft or vehicle, a thing or things of
                        a particular kind connected with a special ACC
                        operation/investigation ("things of the relevant kind");
                        and
                   (b) the eligible person believes on reasonable grounds that,
15                      if a summons were issued for the production of the thing
                        or things, the thing or things might be concealed, lost,
                        mutilated or destroyed.
           (2)   Where an application under subsection (1) is made to an issuing
                 officer, the issuing officer may issue a warrant authorising a
20               person named in the warrant (the "authorised person"), with
                 such assistance as the authorised person thinks necessary and if
                 necessary by force --
                   (a) to enter upon the land or upon or into the premises,
                          vessel, aircraft or vehicle;
25                 (b) to search the land, premises, vessel, aircraft or vehicle
                          for things of the relevant kind; and
                   (c) to seize any things of the relevant kind found upon the
                          land or upon or in the premises, vessel, aircraft or
                          vehicle and deliver things so seized to any person
30                        participating in the special ACC operation/investigation.
           (3)   A member of the Australian Federal Police cannot be an
                 authorised person unless he or she is also a member of the staff
                 of the ACC.

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        (4)    An issuing officer must not issue a warrant under subsection (2)
               unless --
                 (a) an affidavit has been furnished to him or her setting out
                      the grounds on which the issue of the warrant is being
 5                    sought;
                (b) the applicant (or some other person) has given to the
                      issuing officer, either orally or by affidavit, such further
                      information (if any) as the issuing officer requires
                      concerning the grounds on which the issue of the
10                    warrant is being sought; and
                 (c) the issuing officer is satisfied that there are reasonable
                      grounds for issuing the warrant.
        (5)    Where an issuing officer issues a warrant under subsection (2),
               he or she must state on the affidavit furnished to him or her as
15             mentioned in subsection (4)(a) which of the grounds specified in
               that affidavit he or she has relied on to justify the issue of the
               warrant and particulars of any other grounds relied on by him or
               her to justify the issue of the warrant.
        (6)    A warrant issued under this section must --
20              (a) include a statement of the purpose for which the warrant
                      is issued, which must include a reference to the special
                      ACC operation/investigation with which the things of
                      the relevant kind are connected;
                (b) state whether entry is authorised to be made at any time
25                    of the day or night or during specified hours of the day
                      or night;
                (c) include a description of the kind of things authorised to
                      be seized; and
                (d) specify a date, not being later than one month after the
30                    date of issue of the warrant, upon which the warrant
                      ceases to have effect.
        (7)    A warrant issued under this section may be executed, in
               accordance with its terms, at any time during the period


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            commencing on the relevant day and ending on the date
            specified in the warrant as the date upon which the warrant
            ceases to have effect.
      (8)   A person executing a warrant issued under this section may only
 5          use such reasonable force as is necessary for the execution.
      (9)   Where, in the course of searching, in accordance with the terms
            of a warrant issued under this section, for things of the relevant
            kind, the person executing the warrant finds a thing that he or
            she believes on reasonable grounds to be evidence that would be
10          admissible in the prosecution of a person for an offence against
            a law of the Commonwealth or of a State or Territory and he or
            she believes on reasonable grounds that it is necessary to seize
            the thing in order to prevent its concealment, loss, mutilation or
            destruction, or its use in committing such an offence, the person
15          may seize the thing and, if he or she does so, the thing is to be
            taken, for the purposes of this Act, to have been seized pursuant
            to the warrant.
     (10)   Where a thing is seized pursuant to a warrant issued under this
            section --
20            (a) the head of the special ACC operation/investigation may
                    retain the thing if, and for so long as, retention of the
                    thing by the head of the special ACC
                    operation/investigation is reasonably necessary for the
                    purposes of the special ACC operation/investigation to
25                  which the thing is relevant; and
              (b) if the retention of the thing by the head of the special
                    ACC operation/investigation is not, or ceases to be,
                    reasonably necessary for such purposes, a person
                    participating in the special ACC operation/investigation
30                  must cause the thing to be delivered to --
                      (i) if the thing may be used in evidence in
                            proceedings of a kind referred to in
                            subsection (13) -- the authority or person
                            responsible for taking the proceedings; or


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                          (ii)   if subparagraph (i) does not apply -- the person
                                 who appears to the person participating in the
                                 special ACC operation/investigation to be
                                 entitled to the possession of the thing,
 5                       unless the CEO has furnished the thing to the
                         Attorney-General of the Commonwealth or of a State, or
                         to a law enforcement agency, or to another person or
                         authority, in accordance with section 34(1)(a), (b) or (c).
       (11)      A person participating in the special ACC
10               operation/investigation may, instead of delivering a thing
                 in accordance with subsection (10)(b)(ii), deliver the thing
                 to the Attorney-General of the Commonwealth or of a State, or
                 to a law enforcement agency, for the purpose of assisting in the
                 investigation of criminal offences, where the person
15               participating in the special ACC operation/investigation is
                 satisfied that the thing is likely to be useful for that purpose.
       (12)      Nothing in this section affects a right of a person to apply for, or
                 the power of a person to issue, a warrant, being a right or power
                 existing otherwise than by virtue of this section.
20     (13)      Without limiting the generality of subsection (1)(a), a reference
                 in this section to a thing connected with a special ACC
                 operation/investigation, includes a reference to a thing that may
                 be used in evidence in proceedings for the taking, by or on
                 behalf of the Crown in right of the Commonwealth, of a State or
25               of a Territory, of civil remedies in respect of a matter connected
                 with, or arising out of, an offence to which the special ACC
                 operation/investigation relates.
       (14)      In this section --
                 "thing" includes a document.

30   30.         Application by telephone for search warrants
           (1)   Where, by reason of circumstances of urgency, an eligible
                 person considers it necessary to do so, the eligible person may
                 make application by telephone for a warrant under section 29.

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     (2)   Before so making application, the eligible person must prepare
           an affidavit that sets out the grounds on which the issue of the
           warrant is being sought, but may, if it is necessary to do so,
           make the application before the affidavit has been sworn.
 5   (3)   Where an issuing officer issues a warrant under section 29 upon
           an application made by telephone, he or she must --
             (a) complete and sign the warrant;
             (b) inform the eligible person who made the application of
                   the terms of the warrant and the date on which and the
10                 time at which it was signed;
             (c) record on the warrant his or her reasons for issuing the
                   warrant; and
             (d) send a copy of the warrant to the CEO.
     (4)   Where a warrant is issued under section 29 upon an application
15         made by telephone a member of the staff of the ACC or a
           member of the Police Force of the State may complete a form of
           warrant in the terms indicated by the issuing officer under
           subsection (3) and, where a form of warrant is so completed, he
           or she must write on it the name of the issuing officer who
20         issued the warrant and the date on which and the time at which
           it was signed.
     (5)   Where a person completes a form of warrant in accordance with
           subsection (4), the person must, not later than the day next
           following the date of expiry of the warrant, send to the issuing
25         officer who signed the warrant the form of warrant completed
           by him or her and the affidavit duly sworn in connection with
           the warrant.
     (6)   Upon receipt of the documents referred to in subsection (5) the
           issuing officer must attach them to the warrant signed by him or
30         her and deal with the documents in the manner in which he or
           she would have dealt with the affidavit if the application for the
           warrant had been made to him or her in accordance with
           section 29.


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   (7)    A form of warrant duly completed in accordance with
          subsection (4) is to be taken to be a warrant issued under
          section 29.




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     Part 5 -- Performance of functions and exercise
                      of powers
     31.         Consent of Board may be needed before functions can be
                 performed
 5               The conferral of a function on a Commonwealth body or person
                 by this Act is subject to any provision of the ACC Act that
                 requires the consent of the Board before the function can be
                 performed.

     32.         Functions not affected by State laws
10         (1)   A Commonwealth body or person is not precluded by any law
                 of the State from performing a function conferred by this Act.
           (2)   Despite subsection (1), the performance of a function conferred
                 by this Act is subject in every case to the Parliamentary
                 Privileges Act 1891.

15   33.         Extent to which functions are conferred
           (1)   This Act does not purport to impose any duty on a
                 Commonwealth body or person to perform a function if the
                 imposition of the duty would be beyond the legislative power of
                 the Parliament of the State.
20         (2)   This section does not limit the operation of section 7 of the
                 Interpretation Act 1984 or section 35.

     34.         Performance of functions
           (1)   Where the ACC, in carrying out an ACC
                 operation/investigation, obtains evidence of an offence
25               against a law of the Commonwealth or of a State or Territory,
                 being evidence that would be admissible in a prosecution for the
                 offence, the CEO must assemble the evidence and give it to --
                   (a) the Attorney-General of the Commonwealth or the State,
                         as the case requires;


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                (b)   the relevant law enforcement agency; or
                (c)   any person or authority (other than a law enforcement
                      agency) who is authorised by or under a law of the
                      Commonwealth or of the State or Territory to prosecute
 5                    the offence.
        (2)    Where the ACC, in carrying out an ACC
               operation/investigation, obtains evidence that would be
               admissible in confiscation proceedings, the CEO may assemble
               the evidence and give it to --
10               (a) the Attorney-General of the Commonwealth or the
                       relevant State, as the case requires;
                 (b) a relevant law enforcement agency; or
                 (c) any person or authority (other than a law enforcement
                       authority) who is authorised to commence the
15                     confiscation proceedings.
        (3)    Where, as a result of the performance of any of the ACC's
               functions, the Board considers that a recommendation should be
               made to the Commonwealth Minister or to the appropriate State
               Minister of a participating State, being a recommendation --
20               (a) for reform of the law relating to relevant offences,
                      including --
                         (i) evidence and procedure applicable to the trials of
                               relevant offences;
                        (ii) relevant offences in relation to, or involving,
25                             corporations;
                       (iii) taxation, banking and financial frauds;
                       (iv) reception by Australian courts of evidence
                               obtained in foreign countries as to relevant
                               offences; and
30                      (v) maintenance and preservation of taxation,
                               banking and financial records;
                 (b) for reform of administrative practices; or


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                                                                                s. 35



                   (c)    for reform of administration of the courts in relation to
                          trials of relevant offences,
                 the Board may make the recommendation to the
                 Commonwealth Minister, or to that State Minister, as the case
 5               may be.
           (4)   Where the ACC has obtained particular information or
                 intelligence in the course of performing one or more of its
                 functions, nothing in this Act is to be taken to prevent the ACC
                 from making use of the information or intelligence in the
10               performance of any of its other functions.

     35.         Functions of federal judicial officers
           (1)   In this section --
                 "federal judicial officer" means a Judge of the Federal Court
                      or a Federal Magistrate.
15         (2)   A function conferred on a federal judicial officer by this Act is
                 conferred on the federal judicial officer in a personal capacity
                 and not as a court or a member of a court. The federal judicial
                 officer need not accept the function conferred.
           (3)   Anything done or made by a federal judicial officer under this
20               Act has effect only by virtue of this Act and is not to be taken
                 by implication to be done or made by a court.
           (4)   A federal judicial officer performing a function under this Act
                 has the same protection and immunity as if he or she were
                 performing that function as, or as a member of, a court (being
25               the court of which the federal judicial officer is a member).

     36.         Limitation on challenge to Board determination
                 If --
                    (a)   an ACC State intelligence operation is determined by
                          the Board to be a special operation; or




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     s. 37



                  (b)    an ACC State investigation is determined by the Board
                         to be a special investigation,
                 then, except in a proceeding instituted by the Attorney-General
                 of the Commonwealth or of a State, any act or thing done by the
 5               ACC because of that determination must not be challenged,
                 reviewed, quashed or called in question in any court of the State
                 on the ground that the determination was not lawfully made.

     37.         Cooperation with law enforcement agencies and
                 coordination with overseas authorities
10         (1)   In performing its functions under this Act, the ACC must, so far
                 as is practicable, work in cooperation with law enforcement
                 agencies.
           (2)   In performing its functions under this Act, the ACC may
                 coordinate its activities with the activities of authorities and
15               persons in other countries performing functions similar to
                 functions of the ACC.

     38.         Incidental powers of ACC
                 The ACC has power to do all things necessary to be done for or
                 in connection with, or reasonably incidental to, the performance
20               of its functions under this Act, and any specific powers
                 conferred on the ACC by this Act are not to be taken to limit by
                 implication the generality of this section.




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                                                                                s. 39



                                   Part 6 -- General
     39.         Double jeopardy
                 If --
                    (a)    an act or omission by a person is an offence under this
 5                         Act and is also an offence under the ACC Act; and
                   (b)     the person has been punished for the offence under the
                           ACC Act,
                 the person is not liable to be punished for the offence under this
                 Act.

10   40.         Arrangements for Board to obtain information or
                 intelligence
                 The State Minister may make an arrangement with the
                 Commonwealth Minister for the Board to be given by the State,
                 or an authority of the State, information or intelligence relating
15               to relevant criminal activities.

     41.         Administrative arrangements with the Commonwealth
                 The State Minister may make an arrangement with the
                 Commonwealth Minister under which the State will, from time
                 to time as agreed upon under the arrangement, make available a
20               person who is an officer or employee of the State or of an
                 authority of the State or a member of the Police Force of the
                 State, or persons who are such officers, employees or members,
                 to perform services for the ACC.

     42.         Judges to perform functions under the ACC Act
25               A Judge of a court of the State may perform functions conferred
                 on the Judge by section 22, 23 or 31 of the ACC Act.

     43.         Furnishing of reports and information
           (1)   The Chair of the Board must keep the Commonwealth Minister
                 informed of the general conduct of the ACC in the performance

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     s. 43



               of the ACC's functions under this Act. If the Commonwealth
               Minister requests the Chair of the Board to provide to him or
               her information concerning a specific matter relating to the
               ACC's conduct in the performance of its functions under this
 5             Act, the Chair must comply with the request.
        (2)    If a State Minister who is a member of the Inter-Governmental
               Committee requests the Chair of the Board to provide to him or
               her information concerning a specific matter relating to the
               ACC's conduct in the performance of its functions under this
10             Act, the Chair must comply with the request.
        (3)    Subject to subsection (5), the Chair of the Board --
                (a) must, when requested by the Inter-Governmental
                      Committee to furnish information to the Committee
                      concerning a specific matter relating to an ACC
15                    operation/investigation that the ACC has conducted or is
                      conducting, comply with the request; and
                (b) must when requested by the Inter-Governmental
                      Committee to do so, and may at such other times as the
                      Chair of the Board thinks appropriate, inform the
20                    Committee concerning the general conduct of the ACC
                      in the performance of the ACC's functions under this
                      Act.
        (4)    Subject to subsection (5), the Chair of the Board must furnish to
               the Inter-Governmental Committee, for transmission to the
25             Governments represented on the Committee, a report of the
               findings of any special ACC operation/investigation conducted
               by the ACC.
        (5)    The Chair of the Board must not furnish to the
               Inter-Governmental Committee any matter the disclosure of
30             which to members of the public could prejudice the safety or
               reputation of persons or the operations of law enforcement
               agencies and, if the findings of the ACC in an investigation
               include any such matter, the Chair of the Board must prepare a



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                                                                          s. 43



           separate report in relation to the matter and furnish that report to
           the State Minister.
     (6)   The Chair of the Board may include in a report furnished under
           subsection (4) a recommendation that the report be laid before
 5         each House of the Parliament of the State.
     (7)   The CEO may give to --
            (a) any law enforcement agency;
            (b) any foreign law enforcement agency; or
            (c) any other authority of the Commonwealth, a State or a
10               Territory prescribed by the regulations,
           any information that has come into the ACC's possession under
           this Act and that is relevant to the activities of that agency or
           authority if --
             (d) it appears to the CEO to be appropriate to do so; and
15           (e) to do so would not be contrary to a law of the
                   Commonwealth, a State or a Territory that would
                   otherwise apply.
     (8)   The CEO may, whenever it appears to the CEO to be
           appropriate to do so, furnish to authorities and persons
20         responsible for taking civil remedies by or on behalf of the
           Crown in right of the Commonwealth, of a State or of a
           Territory any information that has come into the ACC's
           possession under this Act and that may be relevant for the
           purposes of so taking such remedies in respect of matters
25         connected with, or arising out of, offences against the laws of
           the Commonwealth, of a State or of a Territory, as the case may
           be.




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     s. 44



           (9)   Where any information relating to the performance of the
                 functions of an authority of the Commonwealth or a State or the
                 Administration of a Territory comes into the ACC's possession
                 under this Act, the CEO may, if he or she considers it desirable
 5               to do so --
                   (a) furnish that information to the authority or
                         Administration; and
                   (b) make any recommendations to the authority or
                         Administration as to the performance of its functions
10                       that the CEO considers appropriate.
       (10)      A report under this Act that sets out any finding that an offence
                 has been committed, or makes any recommendation for the
                 institution of a prosecution in respect of an offence, must not be
                 made available to the public unless the finding or
15               recommendation is expressed to be based on evidence that
                 would be admissible in the prosecution of a person for that
                 offence.
       (11)      The CEO may, whenever it appears to the CEO to be
                 appropriate to do so, furnish to the Australian Security
20               Intelligence Organisation any information that has come into the
                 ACC's possession under this Act and that is relevant to security
                 as defined in section 4 of the Australian Security Intelligence
                 Organisation Act 1979 of the Commonwealth.

     44.         Secrecy
25         (1)   This section applies to --
                  (a) the CEO;
                  (b) a member of the Board;
                  (c) a member of the staff of the ACC; and
                  (d) an examiner.
30         (2)   A person to whom this section applies who, either directly or
                 indirectly, except for the purposes of a relevant Act or otherwise
                 in connection with the performance of his or her functions under


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                                                                          s. 44



           a relevant Act, and either while he or she is or after he or she
           ceases to be a person to whom this section applies --
             (a) makes a record of any information; or
             (b) divulges or communicates to any person any
 5                 information,
           being information acquired by him or her by reason of, or in the
           course of, the performance of his or her functions under this
           Act, is guilty of an offence.
           Penalty: A fine of 50 penalty units or imprisonment for one
10              year, or both.
     (3)   A person to whom this section applies cannot be required to
           produce in any court any document that has come into his or her
           custody or control in the course of, or by reason of, the
           performance of his or her functions under this Act, or to divulge
15         or communicate to a court a matter or thing that has come to his
           or her notice in the performance of those functions, except
           where the ACC, or the CEO, the acting CEO, a member of the
           Board or an examiner in his or her official capacity, is a party to
           the relevant proceeding or it is necessary to do so --
20           (a) for the purpose of carrying into effect the provisions of a
                   relevant Act; or
             (b) for the purposes of a prosecution instituted as a result of
                   an operation or investigation carried out by the ACC in
                   the performance of its functions.
25   (4)   In this section --
           "court" includes any tribunal, authority or person having power
                to require the production of documents or the answering of
                questions;
           "member of the staff of the ACC" means --
30              (a) a person referred to in the definition of "member of
                       the staff of the ACC" in section 4(1) of the ACC Act;
                       or



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     s. 45



                     (b)    a person who assists, or performs services for or on
                            behalf of, a legal practitioner appointed under
                            section 7 in the performance of the legal
                            practitioner's functions as counsel to the ACC;
 5               "produce" includes permit access to, and "production" has a
                      corresponding meaning;
                 "relevant Act" means the ACC Act, this Act or any
                      corresponding Act of another State.

     45.         Delegation
10               The CEO may, by writing, delegate to a member of the staff of
                 the ACC who is an SES employee, or an acting SES employee,
                 all or any of the CEO's functions under another provision of this
                 Act.

     46.         Liability for damages
15               A member of the Board is not liable to an action or other
                 proceeding for damages for or in relation to an act done or
                 omitted in good faith in performance or purported performance
                 of any function conferred or expressed to be conferred by or
                 under this Act.

20   47.         Obstructing, hindering or disrupting the ACC or an
                 examiner
           (1)   A person must not --
                  (a) obstruct or hinder --
                          (i) the ACC in the performance of its functions; or
25                       (ii) an examiner in the performance of his or her
                               functions as an examiner;
                        or
                  (b) disrupt an examination before an examiner.




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                                                                              s. 48



           (2)   A person who contravenes subsection (1) is guilty of a crime.
                 Penalty: A fine of 200 penalty units or imprisonment for
                     5 years.
                 Summary conviction penalty: A fine of 20 penalty units or
 5                  imprisonment for one year.

     48.         Public meetings and bulletins
           (1)   The Board may hold meetings in public for the purpose of
                 informing the public about, or receiving submissions in relation
                 to, the performance of the ACC's functions, including its
10               functions under this Act.
           (2)   The Board may publish bulletins for the purpose of informing
                 the public about the performance of the ACC's functions,
                 including its functions under this Act.
           (3)   The Board must not --
15                (a) divulge in the course of a meeting held under
                       subsection (1); or
                  (b) include in a bulletin published under subsection (2),
                 any matter the disclosure of which to members of the public
                 could prejudice the safety or reputation of a person or prejudice
20               the fair trial of a person who has been or may be charged with
                 an offence.

     49.         Annual report
           (1)   In this section --
                 "annual report" means a report by the Chair of the Board
25                    under section 61 of the ACC Act.
           (2)   An annual report in relation to a year must include the
                 following --
                   (a) a description of any ACC State investigation that the
                        ACC conducted during the year and that the Board
30                      determined to be a special investigation;


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                (b)    a description, which may include statistics, of any
                       patterns or trends, and the nature and scope, of any
                       criminal activity that have come to the attention of the
                       ACC during that year in the performance of its functions
 5                     under this Act;
                 (c)   any recommendations for changes in the laws of the
                       Commonwealth, of a participating State or of a
                       Territory, or for administrative action, that, as a result of
                       the performance of the ACC's functions under this Act,
10                     the Board considers should be made;
                (d)    the general nature and the extent of any information
                       furnished by the CEO during that year under this Act to
                       a law enforcement agency;
                 (e)   the extent to which ACC State investigations have
15                     resulted in the prosecution in that year of persons for
                       offences;
                 (f)   the extent to which ACC State investigations have
                       resulted in confiscation proceedings;
                (g)    particulars of the number and results of court
20                     proceedings involving the ACC in relation to its
                       functions under this Act being proceedings that were
                       determined, or otherwise disposed of, during that year.
        (3)    An annual report must not --
                (a) identify persons as being suspected of having committed
25                   offences; or
                (b) identify persons as having committed offences unless
                     those persons have been convicted of those offences.
        (4)    In any annual report the Chair of the Board must take
               reasonable care to ensure that the identity of a person is not
30             revealed if to reveal his or her identity might, having regard to
               any material appearing in the report, prejudice the safety or
               reputation of a person or prejudice the fair trial of a person who
               has been or may be charged with an offence.


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           (5)   The State Minister is to cause a copy of --
                  (a) each annual report that he or she receives; and
                  (b) any comments made on the report by the
                        Inter-Governmental Committee, being comments that
 5                      accompanied the report,
                 to be laid before each House of the Parliament of the State
                 within 15 sitting days of that House after he or she receives the
                 report.

     50.         Tabling of the review of the ACC Act
10               At the earliest opportunity after the State Minister becomes
                 aware that a report under section 61A of the ACC Act has been
                 laid before the Commonwealth Parliament the State Minister
                 must --
                   (a) cause a copy of the report to be laid before each House
15                       of Parliament; or
                   (b) if copies of the report are not then available, notify each
                         House that a report has been presented under
                         section 61A and indicate when it is expected that a copy
                         will be laid before it.

20   51.         Review of Act
           (1)   The State Minister must cause an independent review of the
                 operation and effectiveness of this Act to be undertaken as soon
                 as possible after the expiration of 3 years after its
                 commencement.
25         (2)   A person who undertakes such a review must give the State
                 Minister a written report of the review.
           (3)   The State Minister must cause a copy of the report of the review
                 to be laid before each House of Parliament of the State within
                 4 years after the commencement of this Act.




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    52.       Things done for multiple purposes
              The validity of anything done for the purposes of this Act is not
              affected only because it was done also for the purposes of the
              ACC Act.

5   53.       Regulations
              The Governor may make regulations for or with respect to any
              matter that by this Act is required or permitted to be prescribed
              or that is necessary or convenient to be prescribed for carrying
              out or giving effect to this Act.




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                                                 Transitional          Part 7

                                                                          s. 54



                          Part 7 -- Transitional
     54.   Terms used in this Part
           In this Part --
           "NCA investigation" means an investigation under section 5(4)
 5              of the NCA (State Provisions) Act;
           "NCA (State Provisions) Act" means the National Crime
              Authority (State Provisions) Act 1985.

     55.   Certain investigations taken to be special investigations
           If an ACC State investigation relates to a matter into which an
10         NCA investigation had been commenced but not completed
           before 1 January 2003, the Board of the ACC is taken to have
           determined, in writing, that the ACC State investigation is a
           special investigation.

     56.   Assembling and giving evidence obtained by the NCA
15         If --
              (a)    before 1 January 2003, the National Crime Authority
                     obtained evidence of a kind referred to in subsection (1)
                     of section 6 of the NCA (State Provisions) Act; but
             (b)     the National Crime Authority had not assembled and
20                   given the evidence as mentioned in that subsection
                     before 1 January 2003,
           section 34(1) applies as if that evidence had been obtained by
           the ACC in carrying out an ACC operation/investigation.

     57.   Limitation on challenges to validity of references
25         Section 8 of the NCA (State Provisions) Act continues to apply
           in relation to a reference made under that Act as if that section
           had not been repealed by this Act.




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     58.         Arrangements to obtain information or intelligence
                 An arrangement that was in force under section 11 of the NCA
                 (State Provisions) Act immediately before 1 January 2003 has
                 effect as if it had been made under section 40.

 5   59.         Things seized under search warrants
                 If a thing seized pursuant to a warrant under section 12 of the
                 NCA (State Provisions) Act is in the ACC's possession,
                 section 29(10) and (11) apply to that thing as if it had been
                 seized pursuant to a warrant under section 29.

10   60.         Directions as to publication
           (1)   If a direction was in force under section 16(9) of the NCA (State
                 Provisions) Act immediately before 1 January 2003 --
                  (a)   the direction has effect; and
                  (b)   section 18(10), (11) and (14)(b) apply to the direction as
15                      if it were a direction under section 18(9).
           (2)   Section 18(12) and (13), so far as they relate to the CEO, apply
                 to evidence in relation to which a direction was given under
                 section 16(9) of the NCA (State Provisions) Act as if it were
                 evidence given before an examiner in relation to which the
20               examiner has given a direction under section 18(9).

     61.         Disclosure of summons or notice
                 If a notation made in connection with an NCA investigation was
                 in force under section 18A of the NCA (State Provisions) Act
                 immediately before 1 January 2003 --
25                  (a) the notation has effect;
                   (b) section 22 applies to the summons or notice containing
                         the notation; and




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                  (c)    if there is an ACC operation/investigation relating to the
                         matter to which the NCA investigation related,
                         section 21(4) and (5) apply as if the notation had been
                         made in connection with the ACC
 5                       operation/investigation.

     62.         Witness protection
                 Arrangements that were in effect under section 24 of the NCA
                 (State Provisions) Act immediately before 1 January 2003 have
                 effect as if they had been made under section 26.

10   63.         Administrative arrangements in relation to the NCA
                 An arrangement that was in force under section 28(b) of the
                 NCA (State Provisions) Act immediately before 1 January 2003
                 has effect as if it had been made under section 41.

     64.         Secrecy obligations
15         (1)   In this section --
                 "former official" means a person who was, at any time, a
                      person to whom section 31 of the NCA (State Provisions)
                      Act applied.
           (2)   Section 44(2) and (3) extend to a former official (whether or not
20               he or she is or has been a person to whom section 44 applies) as
                 if --
                    (a) references in section 44 to this Act or to a corresponding
                         Act of another State included references to the NCA
                         (State Provisions) Act or to a corresponding Act of
25                       another State; and
                   (b) the reference in section 44(3)(b) to an investigation
                         carried out by the ACC included a reference to an
                         investigation carried out by the National Crime
                         Authority before 1 January 2003.




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     Australian Crime Commission (Western Australia) Bill 2003
     Part 7          Transitional

     s. 65



     65.         Validation of administrative actions
                 The Co-operative Schemes (Administrative Actions) Act 2001
                 (the "validation Act") applies to administrative actions that
                 have been taken, or have purportedly been taken, under the
 5               NCA (State Provisions) Act as if --
                   (a) the NCA (State Provisions) Act were still a relevant
                         State Act for the purposes of the validation Act; and
                   (b) for the purposes of the validation Act, the
                         "commencement time" in relation to the NCA (State
10                       Provisions) Act were the time when section 67 comes
                         into operation.

     66.         Transitional regulations
           (1)   If there is no sufficient provision in this Part for dealing with a
                 transitional matter, regulations may prescribe all matters that are
15               required, necessary or convenient to be prescribed in relation to
                 that matter.
           (2)   In subsection (1) --
                 "transitional matter" includes a savings or application matter.




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                    Australian Crime Commission (Western Australia) Bill 2003
      Repeal of the National Crime Authority (State Provisions) Act    Part 8
                      1985 and amendments to other written laws

                                                                              s. 67


     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
 5               repealed
                 The National Crime Authority (State Provisions) Act 1985 is
                 repealed.

     68.         Co-operative Schemes (Administrative Actions) Act 2001
                 amended
10         (1)   The amendments in this section are to the Co-operative Schemes
                 (Administrative Actions) Act 2001*.
                 [* Act No. 31 of 2001.
                    For subsequent amendments see Act No. 30 of 2003.]
           (2)   Section 3 is amended in paragraph (a) of the definition of
15               "commencement time" by deleting "or the National Crime
                 Authority (State Provisions) Act 1985".
           (3)   Section 4(1) is amended in the definition of "relevant State Act"
                 as follows:
                   (a) after paragraph (aa) by inserting --
20                       " and ";
                   (b) by deleting paragraph (b) and "and" after it.

     69.         Federal Courts (State Jurisdiction) Act 1999 amended
           (1)   The amendments in this section are to the Federal Courts (State
                 Jurisdiction) Act 1999*.
25               [* Act No. 32 of 1999.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2002, Table 1, p. 131.]




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     Australian Crime Commission (Western Australia) Bill 2003
     Part 8          Repeal of the National Crime Authority (State Provisions) Act
                     1985 and amendments to other written laws

     s. 70


           (2)   Section 3 is amended in the definition of "relevant State Act" as
                 follows:
                   (a) after paragraph (a) by inserting --
                            "
 5                              (aa)   Australian Crime Commission (Western
                                       Australia) Act 2003;
                                                                                 ";
                     (b)    by deleting paragraph (h).

     70.         First Home Owner Grant Regulations 2000 amended
10         (1)   The amendments in this section are to the First Home Owner
                 Grant Regulations 2000*.
                 [* Published in Gazette 30 June 2000 p. 3433-7.
                    For amendments to 13 November 2003 see Western
                    Australian Legislation Information Tables for 2002, Table 4,
15                  p. 120 and Gazette 30 June 2003 p. 2581-638.]
           (2)   Regulation 11(1) is amended by deleting "National Crime
                 Authority established under the National Crime Authority
                 Act 1984" and inserting instead --
                 "
20                         Australian Crime Commission established by the
                           Australian Crime Commission Act 2002
                                                                                 ".

     71.         Royal Commission (Custody of Records) Act 1992 amended
           (1)   The amendments in this section are to the Royal Commission
25               (Custody of Records) Act 1992*.
                 [* Act No. 43 of 1992.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2002, Table 1, p. 345.]




     page 56
                    Australian Crime Commission (Western Australia) Bill 2003
      Repeal of the National Crime Authority (State Provisions) Act    Part 8
                      1985 and amendments to other written laws

                                                                                   s. 72


           (2)   Section 4(1) is amended in paragraph (c) of the definition of
                 "regulatory body" by deleting "National Crime Authority" and
                 inserting instead --
                 " Australian Crime Commission ".

 5   72.         Surveillance Devices Act 1998 amended
           (1)   The amendments in this section are to the Surveillance Devices
                 Act 1998*.
                 [* Reprint 1 as at 12 September 2003.]
           (2)   Section 3(1) is amended as follows:
10                 (a) by inserting in the appropriate alphabetical position --
                 "
                           "Australian Crime Commission" means the
                              Australian Crime Commission established by the
                              Australian Crime Commission Act 2002 of the
15                            Commonwealth;
                                                                                     ";
                     (b)    by deleting paragraph (c) of the definition of "authorised
                            person" and inserting instead --
                            "
20                              (c)   in the case of the Australian Crime
                                      Commission, a person authorised for the
                                      purpose by the Chair of the Board of the
                                      Australian Crime Commission;
                                                                                      ";
25                   (c)    in --
                               (i) the definition of "emergency authorisation"; and
                              (ii) paragraph (c) of the definition of "law
                                    enforcement officer",
                            by deleting "National Crime Authority" and inserting
30                          instead --
                            " Australian Crime Commission ";

                                                                                 page 57
     Australian Crime Commission (Western Australia) Bill 2003
     Part 8          Repeal of the National Crime Authority (State Provisions) Act
                     1985 and amendments to other written laws

     s. 72


                   (d)    by deleting the definition of "member of the staff of the
                          National Crime Authority" and inserting instead --
               "
                         "member of the staff of the Australian Crime
 5                          Commission" has the meaning given to the term
                            "member of the staff of the ACC" in section 4(1)
                            of the Australian Crime Commission Act 2002 of
                            the Commonwealth as extended by section 3(3) of
                            the Australian Crime Commission (Western
10                          Australia) Act 2004;
                                                                                       ";
                   (e)    by deleting the definition of "National Crime
                          Authority".
        (3)    The provisions set out in the Table to this subsection are
15             amended by deleting "National Crime Authority" and inserting
               instead --
               " Australian Crime Commission ".
                                            Table
                s. 4A                           s. 17(2)(d)(ii)
                s. 11                           s. 20 (in both places where it
                                                   occurs)
                s. 15(1)(c)                     s. 31(3)(b)(iv)
                s. 15(3)(c) (in the first place s. 40(3)
                   where it occurs)
                s. 15(3)(f)(i)                  s. 41(1), (1)(a), (2) and (3)
                s. 16(4)                        s. 43(3) (in the second place where
                                                   it occurs)
               Note: The heading to section 4A will be altered to read "State Police
20                   working for Australian Crime Commission".




     page 58
                    Australian Crime Commission (Western Australia) Bill 2003
      Repeal of the National Crime Authority (State Provisions) Act    Part 8
                      1985 and amendments to other written laws

                                                                              s. 73


           (4)   The provisions set out in the Table to this subsection are
                 amended by deleting "Chairperson of the National Crime
                 Authority" and inserting instead --
                 " Chair of the Board of the Australian Crime Commission ".
 5                                             Table
                 s. 9(2)(a)(iii)                  s. 43(3) and (4)
                 s. 15(3)(c) (in both places      s. 44(1)(f)
                    where it occurs)

     73.         Surveillance Devices Regulations 1999 amended
           (1)   The amendments in this section are to the Surveillance Devices
                 Regulations 1999*.
                 [* Published in Gazette 18 November 1999 p. 5767-86.
10                  For amendments to 13 November 2003 see Western
                    Australian Legislation Information Tables for 2002, Table 4,
                    p. 374.]
           (2)   Regulation 7(1), (2) and (3) are amended by deleting "National
                 Crime Authority" and inserting instead --
15               " Australian Crime Commission ".
           (3)   The forms of Warrant, Application for emergency authorization,
                 Emergency authorization and Application for tracking device
                 warrant or tracking device (maintenance/retrieval) warrant in
                 Schedule 1 are amended by deleting "staff of National Crime
20               Authority" in each place where it occurs and inserting
                 instead --
                 " staff of Australian Crime Commission     ".
           (4)   The form of Emergency authorization in Schedule 1 is amended
                 by deleting "Chairperson of National Crime Authority" and
25               inserting instead --
                 " Chair of Board of Australian Crime Commission ".


                                                                          page 59
     Australian Crime Commission (Western Australia) Bill 2003
     Part 8          Repeal of the National Crime Authority (State Provisions) Act
                     1985 and amendments to other written laws

     s. 74


     74.         Telecommunications (Interception) Western Australia
                 Act 1996 amended
           (1)   The amendments in this section are to the Telecommunications
                 (Interception) Western Australia Act 1996*.
 5               [* Reprint 1 as at 22 August 2003.]
           (2)   Section 3(1) is amended in paragraph (b) of the definition of
                 "agency" by deleting "National Crime Authority" and inserting
                 instead --
                 " Australian Crime Commission ".

10   75.         Witness Protection (Western Australia) Act 1996 amended
           (1)   The amendments in this section are to the Witness Protection
                 (Western Australia) Act 1996 *.
                 [* Reprint 1 as at 10 October 2003.]
           (2)   Section 3(1) is amended by deleting paragraph (c) of the
15               definition of "approved authority" and inserting instead --
                        "
                            (c)   the Chair of the Board of the Australian
                                  Crime Commission established by the
                                  Australian Crime Commission Act 2002 of
20                                the Commonwealth;
                                                                                 ".




     page 60
                 Australian Crime Commission (Western Australia) Bill 2003



                                                                                                 Defined Terms



                                       Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                              Provision(s)
ACC Act .......................................................................................................... 3(1)
ACC operation/investigation............................................................................ 3(1)
ACC State intelligence operation..................................................................... 3(1)
ACC State investigation................................................................................... 3(1)
annual report .................................................................................................. 49(1)
Australia.............................................................................................. 24(8), 28(5)
authorised person ........................................................................................... 29(2)
authority ........................................................................................................... 3(1)
Commonwealth body or person ....................................................................... 3(1)
Commonwealth Minister ................................................................................. 3(1)
confer ............................................................................................................... 3(1)
court ............................................................................................................... 44(4)
federal judicial officer.................................................................................... 35(1)
Federal Magistrate ........................................................................................... 3(1)
former official ................................................................................................ 64(1)
function ................................................................................................... 3(1), 3(5)
incidental offence............................................................................................. 3(4)
intelligence operation....................................................................................... 3(1)
issuing officer .................................................................................................. 3(1)
member of the staff of the ACC..................................................................... 44(4)
NCA (State Provisions) Act................................................................................54
NCA investigation ..............................................................................................54
official matter...................................................................................... 21(6), 22(7)
penalty units..................................................................................................... 3(6)
perform............................................................................................................. 3(1)
produce .......................................................................................................... 44(4)
production ...................................................................................................... 44(4)
relevant Act.................................................................................................... 44(4)
relevant day.................................................................................................... 29(1)
serious and organised crime............................................................................. 3(1)
special ACC operation/investigation................................................................ 3(1)
special determination ..................................................................................... 16(1)
State Minister ................................................................................................... 3(1)
Summary conviction penalty ........................................................................... 3(7)
thing ............................................................................................................. 29(14)
things of the relevant kind.............................................................................. 29(1)
transitional matter .......................................................................................... 66(2)




                                                                                                             page 61
Australian Crime Commission (Western Australia) Bill 2003



Defined Terms



     validation Act......................................................................................................65
     witness ........................................................................................................... 18(7)




 


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