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


CORRUPTION AND CRIME COMMISSION AMENDMENT (INVESTIGATIVE FUNCTION) BILL 2007

                        Western Australia


Corruption and Crime Commission Amendment
      (Investigative Function) Bill 2007

                          CONTENTS


         Part 1 -- Preliminary
   1.    Short title                                                2
   2.    Commencement                                               2
         Part 2 -- Amendment to the
              Corruption and Crime
              Commission Act 2003
   3.    The Act amended                                            3
   4.    Section 3 amended                                          3
   5.    Section 5 replaced                                         7
         5.       "Serious crime", meaning of                 7
   6.    Section 7A amended                                         7
   7.    Section 7B amended                                         7
   8.    Section 17 amended                                         7
   9.    Section 21 amended                                         8
   10.   Part 4 replaced                                            8
         Part 4 -- Serious crime
         Division 1 -- Serious crime function
         45.       Serious crime function                     8
         46.       How Commission performs its serious
                   crime function                             9
         Division 2 -- Referrals by Reference Group
         47.       Referrals to Commission                    9
         48.       Reference Group must be satisfied before
                   making a referral                          10
         49.       Directions to the Commission about
                   investigations                             11




                              262--1                                page i
Corruption and Crime Commission Amendment (Investigative Function)
Bill 2007



Contents

             Division 3 -- Task forces and other operational
                    agreements
             50.       Police task forces                         12
             51.       Operational agreements                     12
      11.    Section 91 amended                                        12
      12.    Section 137 amended                                       13
      13.    Section 140 amended                                       13
      14.    Part 12A inserted                                         13
             Part 12A -- Corruption and Crime Commission
                    Reference Group
             187A.     Crime and Corruption Commission
                       Reference Group                            13
             187B.     Delegation to Acting Commissioner          13
             187C.     Functions of Reference Group               14
             187D.     Meetings of Reference Group                14
             187E.     Transaction of business outside meetings   14
      15.    Section 195 amended                                       15
      16.    Schedule 1 repealed                                       15




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                (Introduced by Hon. Paul Omodei, MLA)


Corruption and Crime Commission Amendment
      (Investigative Function) Bill 2007


                               A Bill for


An Act to amend the Corruption and Crime Commission Act 2003.



The Parliament of Western Australia enacts as follows:




                                                          page 1
    Corruption and Crime Commission Amendment (Investigative Function)
    Bill 2007
    Part 1         Preliminary

    s. 1


                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Corruption and Crime Commission
             Amendment (Investigative Function) Act 2007.

5   2.       Commencement
             This Act comes into operation on the day on which it receives
             the Royal Assent.




    page 2
          Corruption and Crime Commission Amendment (Investigative Function)
                                                                    Bill 2007
            Amendment to the Corruption and Crime Commission Act       Part 2
                                                           2003

                                                                                 s. 3


          Part 2 -- Amendment to the Corruption and Crime
                      Commission Act 2003
     3.          The Act amended
                 The amendment in this Part is to the Corruption and Crime
 5               Commission Act 2003.

     4.          Section 3 amended
                 Section 3 is amended as follows --
                  (a) by inserting after the definition of "allegation" --
             "
10                 "ancilliary offence" means --
                           (a) an offence of conspiring to commit the
                                 serious crime offence;
                           (b) an offence of aiding, abetting, counselling or
                                 procuring, or being in any way knowingly
15                               concerned in, the commission of a serious
                                 crime offence; or
                           (c) an offence of attempting to commit a serious
                                 crime offence;
                                                                                  ".
20                (b)   by inserting after the definition of "investigation" --
             "
                   "law enforcement agency" means --
                          (a) a police force of another State or Territory;
                               or
25                        (b) the Australian Federal Police;
                          (c) any other authority or person responsible for
                               the enforcement of the laws of the
                               Commonwealth of the State, another State or
                               Territory;
30                                                                                ".


                                                                            page 3
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 4

        (c)     by repealing the definition of "organised crime" and
                   inserting instead --
            "
                  "organised crime" means criminal activity --
 5                    (a) that involves 2 or more offenders and
                            substantial planning and organisation; and
                      (b) that involves, or is of a kind that ordinarily
                            involves, the use of sophisticated methods and
                            techniques; and
10                    (c) that is committed, or is of a kind that is
                            ordinarily committed, in conjunction with other
                            offences of a like kind; and
                      (d) that is a confiscation offence within the
                            meaning of the Criminal Property Confiscation
15                          Act 2000, an offence of a kind prescribed by the
                            regulations or an offence that involves any of
                            the following --
                                (i) theft;
                               (ii) fraud;
20                            (iii) (state) tax evasion;
                              (iv) property laundering;
                               (v) illegal drug dealings;
                              (vi) illegal gambling;
                             (vii) obtaining financial benefit by vice
25                                  engaged in by others;
                           (viii) extortion;
                              (ix) violence;
                               (x) bribery or corruption of, or by, an
                                    officer of the State;
30                            (xi) perverting the course of justice;
                             (xii) harbouring of criminals;


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     Corruption and Crime Commission Amendment (Investigative Function)
                                                               Bill 2007
       Amendment to the Corruption and Crime Commission Act       Part 2
                                                      2003

                                                                              s. 4

                           (xiii)  firearms;
                           (xiv)   armament dealings;
                            (xv)   fauna trafficking;
                           (xvi)   cybercrime;
 5                        (xvii)   paedophilia;
                         (xviii)   terrorism;
                           (xix)   matters of the same general nature as
                                   one or more of the matters listed above;
                   (e)     that is --
10                            (i) punishable by imprisonment for a
                                   period of 3 years or more; or
                             (ii) a confiscation offence within the
                                   meaning of the Criminal Property
                                   Confiscation Act 2000;
15                         but --
                   (f)     does not include an offence committed in the
                           course of a genuine dispute as to matters
                           pertaining to the relations of employees and
                           employers by a party to the dispute, unless the
20                         offence is committed in connection with, or as
                           part of, a course of activity involving the
                           commission of a serious crime other than an
                           offence so committed; and
                   (g)     does not include an offence the time for
25                         commencement of a prosecution for which has
                           expired.
                                                                               ".
             (d)   by amending the definition of "organised crime
                   investigation" by deleting "organised crime" in each
30                 place where it occurs and inserting instead --
                   " serious crime ".



                                                                        page 5
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 4

                    (e)     by amending the definition of "organised crime
                            examination" by deleting "organised crime" in each
                            place where it occurs and inserting instead --
                            " serious crime ".
 5                  (f)     by amending the definition of "organised crime
                            summons" by deleting "organised crime" in each place
                            where it occurs and inserting instead --
                            " serious crime ".
                    (g)     by inserting after the definition of "record" --
10              "
                           "Reference Group" means the Crime and Corruption
                               Commission Reference Group established under
                               section 187A;
                                                                                       ".
15                  (h)     by inserting after the definition of "reviewable police
                            action" --
            "
                     "serious crime" has the meaning given by section 5;
                                                                                       ".
20                   (i)    by deleting the definition of "Schedule 1 offence";
                     (j)    by deleting the definition of "Section 5 offence";
                    (k)     after sub-section (2) the following is inserted --
            "
                (3)        If the head of a Corruption and Crime Commission
25                         operation/investigation suspects that an offence (the
                           "incidental offence") that is not a serious offence may
                           be directly or indirectly connected with, or may be
                           used as part of, a course of activity involving the
                           commission of a serious crime offence (whether or not
30                         the head has identified the nature of that serious
                           offence) then the incidental offence is, for so long only
                           as the head so suspects, taken, for the purposes of the
                           Act, to be a serious crime offence.
                                                                                       ".

     page 6
          Corruption and Crime Commission Amendment (Investigative Function)
                                                                    Bill 2007
            Amendment to the Corruption and Crime Commission Act       Part 2
                                                           2003

                                                                                  s. 5

     5.           Section 5 replaced
                  Section 5 is repealed and the following section is inserted
                  instead --
     "
 5           5.         "Serious crime", meaning of
                        A serious crime consists of --
                         (a) criminal activity that involves an indictable
                               offence punishable on conviction by a term of
                               imprisonment not less than 14 years; or
10                       (b) criminal paedophilia; or
                         (c) organised crime; or
                         (d) ancillary offence;
                         (e) incidental offence.
                                                                                    ".

15   6.           Section 7A amended
                  Section 7A(a) is amended by deleting "organised crime" and
                  inserting instead --
                  "   serious crime    ".

     7.           Section 7B amended
20                Section 7B(2) is amended by deleting "organised crime" and
                  inserting instead --
                  "   serious crime    ".

     8.           Section 17 amended
                  Section 17(2)(a) is amended by deleting "organised crime" and
25                inserting instead --
                  "   serious crime    ".



                                                                                page 7
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 9

     9.           Section 21 amended
                  Section 21 is amended by deleting "organised crime" and
                  inserting instead --
                  "     serious crime   ".

 5   10.          Part 4 replaced
                  Part 4 is repealed and the following part is inserted instead --
     "
                                 Part 4 -- Serious crime
                              Division 1 -- Serious crime function

10          45.           Serious crime function
                  (1)     The Commission has a function to investigate serious
                          crime referred to it by the Reference Group.
                  (2)     The Commission may, in considering whether or not to
                          conduct, continue or discontinue an investigation have
15                        regard to such matters as it thinks fit, including
                          whether or not (in the Commission's opinion) --
                            (a) the subject-matter of the investigation is trivial;
                                  or
                            (b) the conduct concerned occurred at too remote a
20                                time to justify investigation; or
                            (c) if the investigation was initiated as a result of a
                                  complaint - the complaint was frivolous,
                                  vexatious or not in good faith.




     page 8
     Corruption and Crime Commission Amendment (Investigative Function)
                                                               Bill 2007
       Amendment to the Corruption and Crime Commission Act       Part 2
                                                      2003

                                                                          s. 10

        46.         How Commission performs its serious crime
                    function
                    Without limiting the ways the Commission may
                    perform its serious crime function, the Commission
 5                  performs its serious crime function by --
                      (a) investigating serious crime; and
                      (b) when conducting investigations under
                           paragraph (a), gathering evidence for --
                              (i) the prosecution of persons for offences;
10                                  and
                             (ii) the recovery of the proceeds of serious
                                    crime; and
                      (c) liasing with, providing information to, and
                           receiving information from, other law
15                         enforcement agencies and prosecuting
                           authorities, including agencies and authorities
                           outside the State of Australia, about serious
                           crime.

                    Division 2 -- Referrals by Reference Group

20      47.         Referrals to Commission
              (1)   The Reference Group may refer serious crime to the
                    Commission for investigation --
                     (a) on its own initiative; or
                     (b) if asked by the Commissioner of Police.
25            (2)   The referral must be written.




                                                                         page 9
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 10

             48.         Reference Group must be satisfied before making a
                         referral
                   (1)   The Reference Group may, on its own initiative, refer
                         serious crime to the Commission for investigation only
 5                       if it is satisfied --
                            (a) an investigation into the serious crime is
                                    unlikely to be effective using powers ordinarily
                                    available to the police service; and
                            (b) it is in the public interest to refer the serious
10                                  crime to the Commission.
                   (2)   The Reference Group may, if asked by the
                         Commissioner of Police, refer serious crime to the
                         Commission for investigation only if its satisfied --
                          (a) the police service has carried out an
15                              investigation into the serious crime that has not
                                been effective; and
                          (b) further investigation into the serious crime is
                                unlikely to be effective using powers ordinarily
                                available to police officers; and
20                        (c) it is in the public interest to refer the serious
                                crime to the Commision.
                   (3)   Without limiting the matters to which the Reference
                         Group may have regard in deciding whether it is in the
                         public interest to refer serious crime to the
25                       Commission, the Reference Group may have regard to
                         the following matters --
                           (a) the number of persons that may be involved;
                           (b) the degree of planning and organisation likely
                                  to be involved;
30                         (c) the seriousness of, or the consequences of, the
                                  serious crime;



     page 10
     Corruption and Crime Commission Amendment (Investigative Function)
                                                               Bill 2007
       Amendment to the Corruption and Crime Commission Act       Part 2
                                                      2003

                                                                               s. 10

                     (d)    the person or persons likely to be responsible
                            for planning and organising the serious crime;
                      (e)   the likely involvement of the person or persons
                            in similar activities;
 5                    (f)   the financial or other benefits likely to be
                            derived by any person;
                     (g)    whether investigation by the Commission is a
                            justifiable use of resources.

        49.         Directions to the Commission about investigations
10            (1)   The Reference Group may give the Commission
                    direction imposing limitations on a crime investigation,
                    including limitations on the exercise of the
                    Commission's powers for the investigation.
              (2)   The Reference Group may also direct the Commission
15                  to end a particular crime investigation if the Reference
                    Group considers --
                      (a) it may be more appropriate for another entity to
                            undertake the investigation; or
                      (b) it may be more effective for another entity to
20                          undertake the investigation; or
                      (c) investigation by the Commission is not a
                            justifiable use of resources.
              (3)   The Commission must comply with a direction given
                    under subsection (1) or (2).




                                                                        page 11
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 11

             Division 3 -- Task forces and other operational agreements

             50.         Police task forces
                   (1)   The Commissioner may make arrangements with the
                         Commissioner of Police for the establishment of a
 5                       police task force to help the Commission to carry out a
                         serious crime investigation.
                   (2)   A police task force is under the control and direction of
                         the Commissioner of Police.

             51.         Operational agreements
10                       The Commission may, in connection with its serious
                         crime function, enter into operational agreements with
                         other law enforcement agencies to --
                           (a) arrange for the establishment of task forces
                                 within the State; and
15                         (b) seek the establishment of joint task forces with
                                 authorities of the Commonwealth or other
                                 States or Territories;
                           (c) co-operate with State task forces,
                                 Commonwealth task forces, joint task forces or
20                               other task forces;
                           (d) co-ordinate or co-operate in co-ordinating any
                                 such task forces.
                                                                                     ".

     11.           Section 91 amended
25                 After section 91(1)(q) the following paragraph is inserted --
                         "
                             (r)   the number of matters referred by the Reference
                                   Group to the Commission for investigation
                                   under section 47.
30                                                                                   ".


     page 12
         Corruption and Crime Commission Amendment (Investigative Function)
                                                                   Bill 2007
           Amendment to the Corruption and Crime Commission Act       Part 2
                                                          2003

                                                                              s. 12

     12.       Section 137 amended
               Section 137 is amended by deleting "organised crime" and
               inserting instead --
               "     serious crime   ".

 5   13.       Section 140 amended
               Section 140(1) is amended by deleting "organised crime" and
               inserting instead --
               "     serious crime   ".

     14.       Part 12A inserted
10             After Part 12 the following part is inserted --
     "
            Part 12A -- Corruption and Crime Commission
                         Reference Group
            187A.      Crime and Corruption Commission Reference
15                     Group
               (1)     The Corruption and Crime Commission Reference
                       Group is established.
               (2)     The Reference Group consists of the Commissioner
                       and the Commissioner of Police.

20          187B.      Delegation to Acting Commissioner
                       The Commissioner may delegate responsibility to the
                       Acting Commissioner in exceptional circumstances
                       when either the Commissioner or the Commissioner of
                       Police is unable to participate in a Reference Group
25                     meeting.




                                                                          page 13
     Corruption and Crime Commission Amendment (Investigative Function)
     Bill 2007
     Part 2         Amendment to the Corruption and Crime Commission Act
                    2003

     s. 14

             187C.   Functions of Reference Group
                     The Reference Group has the following functions --
                      (a) to refer, as provided under this Act, serious
                            crime to the Commission for investigation;
 5                    (b) to coordinate, the extent the Reference Group
                            considers appropriate, investigations into
                            serious crime conducted by the Commission in
                            cooperation with a police task force or another
                            law enforcement agency;
10                    (c) to review and monitor generally the work of the
                            Commission.

             187D.   Meetings of Reference Group
               (1)   Meetings of the Reference Group shall be held at such
                     times and places as are from time to time agreed upon
15                   by the members of the Reference Group.
               (2)   The quorum for a meeting of the Reference Group is 2
                     members.
               (3)   A decision supported by all of the members of the
                     Reference Group shall be the decision of the Reference
20                   Group.
               (4)   The Reference Group is to keep full and accurate
                     minutes of the proceedings of each meeting.

             187E.   Transaction of business outside meetings
               (1)   The Reference Group may hold meetings, or allow
25                   members to take part in its meetings, by telephone,
                     closed-circuit television or other means.
               (2)   A member who takes part in a reference group meeting
                     under subsection (1) is taken to be present at the
                     meeting.



     page 14
       Corruption and Crime Commission Amendment (Investigative Function)
                                                                 Bill 2007
         Amendment to the Corruption and Crime Commission Act       Part 2
                                                        2003

                                                                           s. 15

             (3)   A resolution if validly made by the Reference Group,
                   even it is not passed at a reference group meeting, if --
                     (a) all members give written agreement to the
                            resolution; and
 5                   (b) notice of the resolution is given to all members.
                                                                               ".

     15.     Section 195 amended
             After section 195(1)(a) the following paragraph is inserted --
                   "
10                     (bb)   to audit the operations and performance of the
                              Reference Group for the purpose of monitoring
                              compliance with the provisions of this Act.
                                                                               ".

     16.     Schedule 1 repealed
15           Schedule 1 is repealed.




 


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