National Crime Authority Amendment Act 2000
No. 133, 2000
An Act to amend the National Crime Authority Act 1984, and for other purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
National Crime Authority Act 1984
National Crime Authority Amendment Act 2000
No. 133, 2000
An Act to amend the National Crime Authority Act 1984, and for other purposes
[Assented to 24 November 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Crime Authority Amendment Act 2000.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
National Crime Authority Act 1984
1 Subsection 4(1)
Insert:
federal aspect, in relation to an offence against a law of a State, has the meaning given by subsection 4A(2).
2 Subsection 4(1)
Insert:
federally relevant criminal activity means:
(a) a relevant criminal activity, where the relevant offence is an offence against a law of the Commonwealth or of a Territory; or
(b) a relevant criminal activity, where the relevant offence:
(i) is an offence against a law of a State; and
(ii) has a federal aspect.
3 Subsection 4(1) (definition of original reference)
Omit all the words after “7(8AA),”, substitute:
means:
(a) the reference under section 13 or 14 because of which the office was created; or
(b) the reference of a kind mentioned in paragraph 55A(4)(a) because of which the office was created.
4 Subsection 4(1) (definition of related reference)
Repeal the definition substitute:
related reference:
(a) in relation to a reference under section 13 or 14—means another reference made under either of those sections that is, in accordance with subsection 13(2A) or 14(3), stated to be related to the first‑mentioned reference; or
(b) in relation to a reference of a kind mentioned in paragraph 55A(4)(a)—means another reference of that kind that is, in accordance with a provision of a law of a State that corresponds to subsection 14(3), stated to be related to the first‑mentioned reference.
5 After section 4
Insert:
4A When a State offence has a federal aspect
Object
(1) The object of this section is to identify State offences that have a federal aspect because:
(a) they potentially fall within Commonwealth legislative power because of:
(i) the elements of the State offence; or
(ii) the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be elements of the offence); or
(b) their investigation by the Authority is incidental to the investigation by the Authority of an offence against a law of the Commonwealth or of a Territory.
Federal aspect
(2) For the purposes…
Overview
The National Crime Authority Amendment Act 2000 was enacted to address a gap in the National Crime Authority Act 1984 by providing clearer definitions and parameters for the scope of the National Crime Authority’s investigative powers, particularly in relation to state offences that have a federal aspect. This Act was passed by the Parliament of Australia and received Royal Assent on 24 November 2000. Its primary policy objective was to refine the conditions under which the National Crime Authority could investigate offences against state laws that also had significant federal implications, ensuring these investigations are conducted within the bounds of constitutional legislative powers.
Scope and Application
The National Crime Authority Amendment Act 2000 amends the National Crime Authority Act 1984 to alter the scope and jurisdiction of the National Crime Authority (NCA) in relation to criminal activities. This Act applies to the NCA, its members, and Judges of the Federal Court when they are involved in investigations. It specifically targets federally relevant criminal activities, which include offences against Commonwealth or Territory laws and State offences that have a federal aspect. The geographic reach of this Act is national, impacting both federal and state spheres. The Act does not apply to certain State offences unless they meet specific criteria that give them a federal aspect. This includes offences affecting Commonwealth interests or those committed in Commonwealth places. Additionally, the Act does not impose obligations on the NCA, its members, or Federal Court Judges to perform duties, functions, or exercise powers in relation to criminal activities that are not federally relevant, ensuring compliance with constitutional doctrines. Subordinate instruments may further extend or restrict the application of this Act by specifying particular duties, functions, or powers that are exempted from its provisions.
Key Provisions
- The National Crime Authority Amendment Act 2000 (C2004A00726) amends the National Crime Authority Act 1984 (NCA Act). The amendments primarily focus on clarifying the scope of the Authority's investigative powers and duties, particularly in relation to crimes that have a federal aspect. Key provisions include the definition of "federal aspect" for State offences (section 4A), the criteria for determining when a State offence is considered to be "federally relevant" (sections 4 and 4A), and the conditions under which State laws may confer certain duties, functions, or powers to the Authority, its members, or Judges of the Federal Court (sections 55A and 55B). The Act also specifies that the Authority is not obligated to perform duties or exercise powers in relation to criminal activities that do not have a federal aspect, provided it does not contravene constitutional doctrines (section 55C). The amendments ensure that the Authority's powers and functions are clearly defined and limited to those that align with the federal legislative framework.
- The National Crime Authority Amendment Act 2000 imposes several obligations on the National Crime Authority (Authority), its members, and Judges of the Federal Court. It mandates that any State law conferring duties, functions, or powers to these entities must involve a Minister of the Crown making a written reference to the Authority, with the approval of the Inter-Governmental Committee and consent from the Commonwealth Minister. This ensures a structured and authorised referral process for investigations (section 55A). The Act also stipulates that the Authority, its members, and Judges of the Federal Court are not obligated to perform duties or exercise powers related to criminal activities that do not have a federal aspect, unless permitted by constitutional doctrines (section 55C). These obligations are designed to ensure that the Authority operates within its legislative mandate and respects constitutional limitations.
- The Act includes provisions for offences and penalties, although specific maximum penalties are not detailed in the text provided. Generally, breaches of the legislative provisions could lead to legal consequences under both criminal and civil law, depending on the nature and severity of the breach. For instance, misuse of the Authority's powers or unauthorised investigations could result in criminal charges, while failure to comply with the Act's obligations might lead to civil penalties. However, the exact nature and extent of these penalties would need to be referred to the specific sections of the Act or other relevant legislation that address penalties for breaches.
- Area of Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Prohibited Conduct
