National Crime Authority (State Provisions) Act 1985 (Qld)
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Queensland NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1985 Reprinted as in force on 28 June 1996 (includes amendments up to Act No. 58 of 1995) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 28 June 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.
Queensland NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1985 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Act to bind the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Functions under laws of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Performance of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Members may have concurrent functions and powers under laws of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Limitation on challenges to validity of references . . . . . . . . . . . . . . . . . . . . 12 9 Cooperation with law enforcement agencies . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Incidental powers of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Arrangements for Authority to obtain information or intelligence . . . . . . . . 13 12 Search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Application by telephone for search warrants . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Judges to perform functions under Commonwealth Act . . . . . . . . . . . . . . . . 17 15 Order for delivery to Authority of passport of witness . . . . . . . . . . . . . . . . . . 17 16 Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 17 Power to summon witnesses and take evidence . . . . . . . . . . . . . . . . . . . . . . 22 18 Power to obtain documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18A Disclosure of information about a notice, summons or official matter may be prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18B Nondisclosure statement to be accompanied by statement of rights and obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18C Cancellation of nondisclosure statements . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2 National Crime Authority (State Provisions) Act 1985 18D Offences about disclosure of information prohibited by a nondisclosure statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 19 Failure of witnesses to attend and answer questions . . . . . . . . . . . . . . . . . . 28 20 Warrant for arrest of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 21 Applications to Federal Court of Australia . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Applications to Supreme Court of Queensland . . . . . . . . . . . . . . . . . . . . . . . 39 23 False or misleading evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 24 Protection of witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 25 Contempt of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 26 Double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 27 Powers of acting member of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 45 28 Administrative arrangements with Commonwealth . . . . . . . . . . . . . . . . . . . 45 29 Protection of members etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 30 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 31 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 32 Report to be laid before Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 33 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 49 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
s1 3 s3 National Crime Authority (State Provisions) Act 1985 NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1985 [as amended by all amendments that commenced on or before 28 June 1996] An Act to make provision for the operation of the National Crime Authority in Queensland ˙ Short title 1. This Act may be cited as the National Crime Authority (State Provisions) Act 1985 . ˙ Interpretation 3.(1) In this Act— “Australia” has the same meaning as that expression has when used in the Commonwealth Act. “Authority” means the National Crime Authority established by section 7 of the Commonwealth Act. “business” includes— (a) any profession, trade, employment or vocational calling; and (b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan); and (c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect. “chairperson” means the chairperson of the Authority. “Commonwealth Act” means the National Crime Authority Act 1984 (Cwlth).
s3 4 s3 National Crime Authority (State Provisions) Act 1985 “Commonwealth Minister” means the Minister of State of the Commonwealth administering the Commonwealth Act and includes any person for the time being performing the functions of that Minister. “external Territories” has the same meaning as the expression “external Territories” has when used in the Commonwealth Act. “hearing” means a hearing for the purposes of a special investigation. “Inter-Governmental Committee” or “Committee” means the Inter-Governmental Committee referred to in section 8 of the Commonwealth Act. “law enforcement agency” means— (a) the Australian Federal Police; or (b) a Police Force of a State; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States. “legal practitioner” means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia or of the Supreme Court of a State or Territory. “member” means member of the Authority and includes the chairperson. “member of the staff of the Authority” means— (a) a member of the staff referred to in section 47(1) of the Commonwealth Act; or (b) a person engaged under section 48(1) of the Commonwealth Act; or (c) a person referred to in section 49 of the Commonwealth Act whose services are made available to the Authority; or (d) a member of a Task Force established pursuant to section 11(1)(c) of the Commonwealth Act; or (e) a legal practitioner appointed under section 50 of the Commonwealth Act to assist the Authority as counsel.
s3 5 s3 National Crime Authority (State Provisions) Act 1985 “Minister of a State” includes— (a) for the Australian Capital Territory—a person appointed as Minister under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 41; and (b) for the Northern Territory—a person holding ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978 (Cwlth). “nondisclosure statement” , for sections 18A to 18D, 1 means a statement prohibiting the disclosure of information about a notice, summons or official matter related to a notice or summons. “notice” , for sections 18A to 18D, 1 means a notice issued under section 18. “officer of a State” includes— (a) a Minister of a State; (b) a member of either House of the Parliament of a State or, if there is only 1 House of the Parliament of a State, a member of that House; (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a State; (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a State or is an officer or employee of such an authority or body. “officer of a Territory” includes— (a) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a Territory; and (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a Territory or is an officer or employee of such an authority or body. 1 Sections 18A to 18D deal with the prohibition of disclosure of certain information about a notice or summons.
s3 6 s3 National Crime Authority (State Provisions) Act 1985 “officer of the Commonwealth” includes— (a) a Minister of State; and (b) a member of either House of the Parliament of the Commonwealth; and (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth; and (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth or is an officer or employee of such an authority or body; but does not include an officer of a Territory. “official matter” , for sections 18A and 18D, 2 means any of the following things (whether past, present or contingent)— (a) a reference under the Commonwealth Act, section 13 or 14; (b) an investigation conducted or coordinated by the authority; (c) a hearing before the authority; (d) a court proceeding. “Parliament of a State” includes the Legislative Assembly of the Australian Capital Territory and of the Northern Territory. “participating State” means a State the Premier of which— (a) has notified the Prime Minister of Australia that the State will participate in the activities in the Inter-Governmental Committee; and (b) has not subsequently notified the Prime Minister of Australia than the State will not participate in the activities of the Committee. “passport” means an Australian passport or a passport issued by the government of a country other than Australia. 2 Sections 18A to 18D deal with the prohibition of disclosure of certain information about a notice or summons.
s3 7 s3 National Crime Authority (State Provisions) Act 1985 “Premier of a State” includes the Chief Minister of the Australian Capital Territory and of the Northern Territory. “registrar” in relation to a court, means the proper officer, however described, of that court. “relevant criminal activity” means any circumstances implying, or any allegations, that a relevant offence may have been, or may be being, committed against a law of the Commonwealth, of a State or of a Territory. “relevant offence” means an offence— (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 (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 involves theft, fraud, tax evasion, currency violations, illegal drug dealings, illegal gambling, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory, bankruptcy and company violations, harbouring of criminals, forging of passports, armament dealings or illegal importation or exportation of fauna into or out of Australia, or that involves matters of the same general nature as 1 or more of the foregoing, or that is of any other prescribed kind; but— (e) 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 offence is committed in connection with, or as part of, a course of activity involving the commission of a relevant offence other than an offence so committed; and (f) does not include an offence the time for the commencement of a prosecution for which has expired; and
s3 8 s3 National Crime Authority (State Provisions) Act 1985 (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years. “special function” means a special function referred to in section 5(4). “special investigation” means an investigation that the Authority is conducting in the performance of its special functions. “State” includes the Australian Capital Territory and the Northern Territory. “summons” , for sections 18A to 18D, 3 means a summons issued under section 17. “Territory” has the same meaning as the expression “Territory” has when used in the Commonwealth Act. (2) Where the Authority suspects that an offence that is not a relevant offence as defined in subsection (1) may be directly or indirectly connected with, or may be part of, a course of activity involving the commission of a relevant offence as so defined, whether or not the Authority has identified the nature of that relevant offence, the first mentioned offence shall, for so long only as the Authority so suspects, be deemed, for the purposes of this Act, to be a relevant offence. (3) In this Act— (a) a reference to the Parliament of a State shall, in relation to the Northern Territory, be construed as a reference to the Legislative Assembly of that Territory; and (b) a reference to the Premier of a State shall, in relation to the Northern Territory, be construed as a reference to the Chief Minister of that Territory; and (c) a reference to a Minister of a State shall, in relation to the Northern Territory, be construed as a reference to a person holding Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978 (Cwlth). 3 Sections 18A to 18D deal with the prohibition of disclosure of certain information about a notice or summons.
s4 9 s5 National Crime Authority (State Provisions) Act 1985 ˙ Act to bind the Crown 4. This Act binds the Crown in right of the State of Queensland. ˙ Functions under laws of Queensland 5.(1) The Minister may, with the approval of the Inter-Governmental Committee, by notice in writing to the Authority, refer a matter relating to a relevant criminal activity to the Authority for investigation in so far as the relevant offence is, or the relevant offences are or include, an offence or offences against a law of the State of Queensland. (2) Where a matter has so been referred to the Authority, the Authority is not precluded by any law of the State of Queensland from investigating that matter. (3) A notice referred to in subsection (1) referring a matter to the Authority— (a) shall describe the general nature of the circumstances or allegations constituting the relevant criminal activity; and (b) shall state that the relevant offence is, or the relevant offences are or include, an offence or offences against a law of the State of Queensland but need not specify the particular offence or offences; and (c) shall set out the purpose of the investigation. (3A) The Minister, with the Inter-Governmental Committee’s approval, may— (a) in a notice under subsection (1)—state that the reference is related to another reference; or (b) by written notice to the authority—state that a reference already made to the authority by the Minister is related to another reference. (4) Where a reference to the Authority made by the Minister under subsection (1) is in force in respect of a matter relating to a relevant criminal activity, it is a special function of the Authority to investigate the matter in so far as the relevant offence is, or the relevant offences are or include, an offence or offences against a law of the State of Queensland.
s 6 10 s 6 National Crime Authority (State Provisions) Act 1985 (5) Where a matter has been referred to the Authority in accordance with subsection (1), the Minister may at any time, by notice in writing to the Authority, withdraw the reference. ˙ Performance of functions 6.(1) The Authority shall, in performing a special function, assemble any evidence of an offence against a law of the Commonwealth or of a Territory, or of an offence against a law of a State, that it obtains in the course of its investigations, being evidence that would be admissible in the prosecution of a person for that offence, and furnish that evidence to the Attorney-General of the Commonwealth or of the State or to the relevant law enforcement agency or any person or authority (other than a law enforcement agency) authorised under a Commonwealth or State law to prosecute the offence. (2) The Authority shall, in performing a special function, cooperate and consult with the Australian Bureau of Criminal Intelligence. (3) Where, as a result of the performance of a special function, the Authority considers that a recommendation should be made to the Minister, to the Commonwealth Minister or to the appropriate Minister of another participating State, being a recommendation— (a) for reform of the law relating to relevant offences, including— (i) evidence and procedure applicable to the trials of relevant offences; and (ii) relevant offences in relation to, or involving, corporations; and (iii) taxation, banking and financial frauds; and (iv) reception by Australian courts of evidence obtained in foreign countries as to relevant offences; and (v) maintenance and preservation of taxation, banking and financial records; or (b) for reform of administrative practices; or (c) for reform of administration of the courts in relation to trials of relevant offences;
s 7 11 s 7 National Crime Authority (State Provisions) Act 1985 the Authority may make the recommendation to the Minister, to the Commonwealth Minister or to that Minister of that other participating State, as the case may be. (4) In relation to the performance by the Authority of a special function, nothing in this Act (other than section 17)— (a) shall be taken to confer on a member, or on a member of the staff of the Authority (other than a member of the Australian Federal Police or a member of the Police Force of a State), a power to interview a person in relation to an offence that the person is suspected of having committed, except in a case where the person has been served, as prescribed, with a summons to appear as a witness at a hearing before the Authority and has not yet so appeared; or (b) shall be taken to confer on a member of the staff of the Authority who is a member of the Australian Federal Police or of the Police Force of a State a power to interview a person that the member of the staff of the Authority does not have in the member’s capacity as a member of the Australian Federal Police or of the Police Force of that State, as the case may be. (5) Nothing in paragraph (a) of subsection (4) shall be taken to affect a power of a member, or of a member of the staff of the Authority, to interview a person otherwise than in relation to an offence that the person is suspected of having committed. (6) Where the Authority has obtained particular information or intelligence in the course of performing a special function, nothing in this Act shall be taken to prevent the Authority from making use of the information or intelligence in the performance of any of its other functions. ˙ Members may have concurrent functions and powers under laws of Queensland 7. If— (a) with the consent of the Inter-Governmental Committee, any functions or powers in relation to the investigation of matters relating to relevant criminal activities are conferred on a member
s 8 12 s 9 National Crime Authority (State Provisions) Act 1985 or members by the Minister; and (b) the Commonwealth Minister informs the member or members in writing that he or she is satisfied that those functions or powers may conveniently be performed or exercised in conjunction with the performance or exercise by the Authority of its functions or powers under the Commonwealth Act; then, notwithstanding anything contained in any other provision of this Act, the member or members referred to in paragraph (a) shall perform the functions, or may exercise the powers, referred to in that paragraph in conjunction with the performance or exercise by the Authority of its functions or powers under the Commonwealth Act, this Act or any corresponding Act of another State, and the members of the staff of the Authority may be employed by the Authority in assisting the member or members referred to in paragraph (a) in the performance of the functions or the exercise of the powers referred to in that paragraph. ˙ Limitation on challenges to validity of references 8. Where, with the approval of the Inter-Governmental Committee, the Minister refers a matter to the Authority for investigation, then, except in a proceeding instituted by the Attorney-General of the Commonwealth or the Attorney-General of a State, any act or thing done by the Authority in pursuance of the reference shall not be challenged, reviewed, quashed or called in question in any court of the State of Queensland on the ground that any necessary approval of the Inter-Governmental Committee or consent of the Commonwealth Minister has not been obtained or was not lawfully given. ˙ Cooperation with law enforcement agencies 9.(1) In performing its special functions, the Authority shall, so far as is practicable, work in cooperation with law enforcement agencies. (2) Also, in performing its special functions, the authority may coordinate its activities with the activities of an entity in another country if the entity performs similar functions to the authority’s functions.
s 10 13 s 12 National Crime Authority (State Provisions) Act 1985 ˙ Incidental powers of Authority 10. The Authority has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the performance of its special functions, and any specific powers conferred on the Authority by this Act shall not be taken to limit by implication the generality of this section. ˙ Arrangements for Authority to obtain information or intelligence 11. The Minister may make an arrangement with the Commonwealth Minister for the Authority to be given by the State of Queensland, or by an authority of the State of Queensland, information or intelligence relating to relevant criminal activities. ˙ Search warrants 12.(1) A member may apply to a judge of a prescribed court for the issue of a warrant under subsection (2) if— (a) the member has reasonable grounds for suspecting that, on a particular day (the “relevant day” ), being the day on which, or a particular day within 1 month after the day on which, the application is made, there may be, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special investigation ( “things of the relevant kind” ); and (b) the member believes on reasonable grounds that, 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 a judge of a prescribed court, the judge may issue a warrant authorising a member of the Australian Federal Police or of the Police Force of a State, or any other person, named in the warrant, with such assistance as the judge thinks necessary and if necessary by force— (a) to enter upon the land or upon or into the premises, vessel,
s 12 14 s 12 National Crime Authority (State Provisions) Act 1985 aircraft or vehicle; and (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 the Authority. (3) A judge shall not issue a warrant under subsection (2) unless— (a) an affidavit has been furnished to the judge setting out the grounds on which the issue of the warrant is being sought; and (b) the applicant (or some other person) has given to the judge, either orally or by affidavit, such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is being sought; and (c) the judge is satisfied that there are reasonable grounds for issuing the warrant. (4) Where a judge issues a warrant under subsection (2), the judge shall state on the affidavit furnished as mentioned in subsection (3)(a) which of the grounds specified in that affidavit the judge has relied on to justify the issue of the warrant and particulars of any other grounds relied on by the judge to justify the issue of the warrant. (5) A warrant issued under this section shall— (a) include a statement of the purpose for which the warrant is issued, which shall include a reference to the matter relating to a relevant criminal activity into which the Authority is conducting a special investigation and with which the things of the relevant kind are connected; and (b) state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) include a description of the kind of things authorised to be seized; and (d) specify a date, not being later than 1 month after the date of issue of the warrant, upon which the warrant ceases to have effect.
s 12 15 s 12 National Crime Authority (State Provisions) Act 1985 (6) A warrant issued under this section may be executed, in accordance with its terms, at any time during the period 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. (7) 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 the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a law of the Commonwealth, of a State or of a Territory, and the firstmentioned person 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, that person may seize the thing and, if the thing is so seized, it shall be deemed, for the purposes of this Act, to have been seized pursuant to the warrant. (8) Where a thing is seized pursuant to a warrant issued under this section— (a) the Authority may retain the thing if, and for so long as, retention of the thing by the Authority is reasonably necessary for the purposes of a special investigation to which the thing is relevant; and (b) if the retention of the thing by the Authority is not, or ceases to be, reasonably necessary for such purposes, a member 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 (ii) if subparagraph (i) does not apply—the person who appears to the member to be entitled to the possession of the thing; unless the Authority has furnished the thing to the Attorney–General of the Commonwealth or of a State, or to a law enforcement agency, in accordance with the Commonwealth Act this Act or an Act of another State. (9) A member may, instead of delivering a thing in accordance with subsection (8)(b)(ii), deliver the thing to the Attorney-General of the Commonwealth or of a State, or to a law enforcement agency, for the
s 13 16 s 13 National Crime Authority (State Provisions) Act 1985 purpose of assisting in the investigation of criminal offences, where the member is satisfied that the thing is likely to be useful for that purpose. (10) 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. (11) A reference in this section to a judge of a prescribed court shall be construed as a reference to— (a) a judge of the Federal Court; or (b) a judge of the Supreme Court. (12) In this section— “thing” includes a document. (13) Without limiting the generality of subsection (1)(a), a reference in this section to a thing connected with a matter relating to a relevant criminal activity, being a matter into which the Authority is conducting a special 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 State of Queensland, of civil remedies in respect of a matter connected with, or arising out of, an offence to which the relevant criminal activity relates. ˙ Application by telephone for search warrants 13.(1) Where, by reason of circumstances of urgency, a member considers it necessary to do so, the member may make application by telephone for a warrant under section 12. (2) Before so making application, the member shall 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. (3) Where a judge issues a warrant under section 12 upon an application made by telephone, the judge shall— (a) complete and sign the warrant; and (b) inform the member who made the application of the terms of the warrant and the date on which and the time at which it was
s 14 17 s 15 National Crime Authority (State Provisions) Act 1985 signed; and (c) record on the warrant the reasons for issuing the warrant; and (d) send a copy of the warrant to the Authority. (4) Where a warrant is issued under section 12 upon an application made by telephone, a member of the staff of the Authority or a member of the Australian Federal Police or of the Police Force of a State may complete a form of warrant in the terms indicated by the judge under subsection (3) and, where a form of warrant is so completed, shall write on it the name of the judge who 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 shall, not later than the day next following the date of expiry of the warrant, send to the judge who signed the warrant the form of warrant completed by the person and the affidavit duly sworn in connection with the warrant. (6) Upon receipt of the documents referred to in subsection (5), the judge shall attach them to the warrant signed by the judge and shall deal with the documents in the manner in which the judge would have dealt with the affidavit if the application for the warrant had been made to the judge in accordance with section 12. (7) A form of warrant duly completed in accordance with subsection (4) shall be deemed to be a warrant issued under section 12. ˙ Judges to perform functions under Commonwealth Act 14. A judge of the Supreme Court may perform functions conferred on the judge by section 22 or 23 of the Commonwealth Act. ˙ Order for delivery to Authority of passport of witness 15.(1) Where, upon application by a member a judge of the Supreme Court sitting in chambers is satisfied by evidence on oath that— (a) in connection with a special investigation, a summons has been issued under this Act requiring a person to appear before the Authority at a hearing (whether or not the summons has been
s 15 18 s 15 National Crime Authority (State Provisions) Act 1985 served), or a person has appeared before the Authority at a hearing, to give evidence or to produce documents or other things; and (b) there are reasonable grounds for believing that the person may be able to give the Authority evidence or further evidence that is, or to produce to the Authority documents or other things or further documents or other things that are, relevant to the matter in respect of which the Authority is conducting the investigation and could be of particular significance to the investigation; and (c) there are reasonable grounds for suspecting that the person intends to leave Australia and has possession, custody or control of a passport issued to the person; the judge may make an order requiring the person to appear before the Supreme Court on a day, and at a time and place, specified in the order to show cause why the person should not be ordered to deliver the passport to the Authority. (2) Where a person appears before the Supreme Court in pursuance of an order made under subsection (1), the court may, if it thinks fit, make an order— (a) requiring the person to deliver to the Authority any passport issued to the person that is in the person’s possession, custody or control; and (b) authorising the Authority to retain the passport until the expiration of such period (not exceeding 1 month) as is specified in the order. (3) The Supreme Court may, upon application by a member, extend for a further period (not exceeding 1 month) or further periods (not exceeding 1 month in each case) the period for which the Authority is authorised to retain a passport in pursuance of an order made under subsection (2), but so that the total period for which the Authority is authorised to retain the passport does not exceed 3 months. (4) The Supreme Court may, at any time while the Authority is authorised in pursuance of 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, a member must forthwith return the
s 16 19 s 16 National Crime Authority (State Provisions) Act 1985 passport to the person. (5) The Supreme Court has jurisdiction with respect to matters arising under this section. (6) In this section— “Australia” includes the external Territories. ˙ Hearings 16.(1) For the purposes of a special investigation the Authority may hold hearings. (2) At a hearing, the Authority may be constituted by 1 or more members. (3) The chairperson is to preside at all hearings at which the chairperson is present. (3A) If the chairperson is not present at a hearing but 2 or more other members are present, the members present must elect 1 of them to preside at the hearing. (3B) Questions arising at a hearing must be decided by a majority of the votes of the members present. (3C) The person presiding at a hearing has a deliberative vote and also, if necessary, a casting vote. (3D) The authority may decide how a hearing’s proceedings are to be conducted. (4) At a hearing before the Authority— (a) a person giving evidence may be represented by a legal practitioner; and (b) if, by reason of the existence of special circumstances, the Authority consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented. (5) A hearing before the Authority shall be held in private and the Authority may give directions as to the persons who may be present during
s 16 20 s 16 National Crime Authority (State Provisions) Act 1985 the hearing or a part of the hearing. (6) Nothing in a direction given by the Authority under subsection (5) prevents the presence, when evidence is being taken at a hearing before the Authority, of— (a) a person representing the person giving evidence; or (b) a person representing, pursuant to subsection (4), a person who, by reason of a direction given by the Authority under subsection (5), is entitled to be present. (7) Where a hearing before the Authority is being held, a person (other than a member or a member of the staff of the Authority approved by the Authority) shall not be present at the hearing unless the person is entitled to be present by reason of a direction given by the Authority under subsection (5) or by reason of subsection (6). (8) At a hearing before the Authority for the purposes of a special investigation— (a) counsel assisting the Authority generally or in relation to the matter to which the investigation relates; or (b) any person authorised by the Authority to appear before it at the hearing; or (c) any legal practitioner representing a person at the hearing pursuant to subsection (4); may, so far as the Authority thinks appropriate, examine or cross-examine any witness on any matter that the Authority considers relevant to the special investigation. (9) The Authority may direct that— (a) any evidence given before it; or (b) the contents of any document, or a description of any thing, produced to the Authority or seized pursuant to a warrant issued under section 12; or (c) any information that might enable a person who has given evidence before the Authority to be identified; or (d) the fact that any person has given or may be about to give
s 16 21 s 16 National Crime Authority (State Provisions) Act 1985 evidence at a hearing; shall not be published, or shall not be published except in such manner, and to such persons, as the Authority specifies, and the Authority shall 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. (9A) The chairperson may change or repeal a direction given by the authority to a person under subsection (9), by written notice given to the person. (9B) However, the chairperson must not change or repeal a direction if the change or repeal might prejudice— (a) a person’s safety or reputation; or (b) the fair trial of a person who has been or may be charged with an offence. (10) Where— (a) a person has been charged with an offence before a court of the © State of Queensland; and (b) the court considers that it may be desirable in the interests of justice that particular evidence given before the Authority, being evidence in relation to which the Authority 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 Authority a certificate to that effect and, if the court does so, the Authority shall make the evidence available to the court. (11) Where— (a) the Authority makes evidence available to a court in accordance with subsection (10); and (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 representing the person. (12) A person who—
s 17 22 s 17 National Crime Authority (State Provisions) Act 1985 (a) is present at a hearing in contravention of subsection (7); or (b) makes a publication in contravention of a direction given under subsection (9); commits an offence against this Act. Maximum penalty—40 penalty units or 1 year’s imprisonment. ˙ Power to summon witnesses and take evidence 17.(1) A member may summon a person to appear before the Authority at a hearing to give evidence and to produce such documents or other things (if any) as are referred to in the summons. (2) A summons under subsection (1) requiring a person to appear before the Authority at a hearing shall be accompanied by a copy of the notice, or of each of the notices, by which the matter or matters to which the hearing relates was or were referred to the Authority under section 5, under the Commonwealth Act or under an Act of another State. (3) A summons under subsection (1) requiring a person to appear before the Authority at a hearing shall, unless the member issuing the summons is satisfied that, in the particular circumstances of a special investigation to which the hearing relates, it would prejudice the effectiveness of the special investigation for the summons to do so, set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Authority intends to question the person, but nothing in this subsection prevents the Authority from questioning the person in relation to any matter that relates to a special investigation. (4) The member presiding at a hearing before the Authority may require a person appearing at the hearing to produce a document or other thing. (5) The Authority may, at a hearing, take evidence on oath or affirmation and for that purpose— (a) a member may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the member or acting member presiding at the hearing; and (b) a member, or a person who is an authorised person in relation to
s 18 23 s 18 National Crime Authority (State Provisions) Act 1985 the Authority, may administer an oath or affirmation to a person so appearing at the hearing. (6) In this section, a reference to a person who is an authorised person in relation to the Authority is a reference to a person authorised in writing, or a person included in a class of persons authorised in writing, for the purposes of this section by the chairperson. ˙ Power to obtain documents 18.(1) A member may, by notice in writing served on a person, require the person— (a) to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the Authority or a member of the staff of the Authority; 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 investigation. (2) A notice may be issued under this section in relation to a special investigation whether or not a hearing before the Authority is being held for the purposes of the investigation. (3) A person who, without reasonable excuse, refuses or fails to comply with a notice served on the person under this section commits an offence against this Act. Maximum penalty—20 penalty units or 6 months imprisonment. (4) Section 19(3) to (12) applies in relation to a person who is required to produce a document or thing by a notice served on the person under this section in the same manner as they apply in relation to a person who is required to produce a document or thing at a hearing before the Authority and so apply as if a reference in those subsections to section 19(2) were a reference to subsection (3) of this section. (5) If a person who is required to produce a document or thing by a notice served on the person under this section claims to the person (the “relevant person” ) to whom the claimant is required to produce it that the claimant is entitled to refuse to produce the document or thing, the relevant
s 18A 24 National Crime Authority (State Provisions) Act1985 s 18A person shall— (a) if satisfied that the claim is justified—inform the claimant that the requirement will not be insisted upon; or (b) in any other case—inform the claimant that the person is not so satisfied and, if the document or thing is not produced forthwith, refer the claim to the Authority for decision under section 21. ˙ Disclosure of information about a notice, summons or official matter may be prohibited 18A.(1) A member issuing a notice or summons must not include a nondisclosure statement in it unless the statement’s inclusion is required or permitted under this section. (2) A member issuing a notice or summons must include a nondisclosure statement in it if the member reasonably believes disclosure of information about it or about official matter related to it would prejudice— (a) a person’s safety or reputation; or (b) the fair trial of a person who has been or may be charged with an offence; or (c) an investigation. (3) A member issuing a notice or summons may include a nondisclosure statement in it if the member reasonably believes disclosure of information about it or about official matter related to it— (a) might prejudice— (i) a person’s safety or reputation; or (ii) the fair trial of a person who has been or may be charged with an offence; or (iii) an investigation; or (b) might otherwise be contrary to the public interest. (4) A nondisclosure statement included in a notice or summons must state the circumstances (if any) in which disclosure of the information is
s 18B 25 National Crime Authority (State Provisions) Act1985 s 18C allowed. (5) If a nondisclosure statement is inconsistent with a direction given under section 16(9), the direction prevails to the extent of the inconsistency. ˙ Nondisclosure statement to be accompanied by statement of rights and obligations 18B. If, under section 18A, a member includes a nondisclosure statement in a notice or summons, the member must ensure the nondisclosure statement is accompanied by a written statement about the rights and obligations conferred or imposed under section 18D on the person served with the notice or summons. ˙ Cancellation of nondisclosure statements 18C.(1) A nondisclosure statement included in a notice or summons about an investigation is cancelled by this section if, at the end of the investigation— (a) evidence mentioned in section 6(1) has not been obtained by the authority; 4 or (b) evidence has been assembled and given under section 6(1) and the authority has been advised that no-one will be prosecuted; or (c) evidence of an offence committed by only 1 person has been assembled and given under section 6(1) and criminal proceedings against the person have started; or (d) evidence of an offence committed by 2 or more persons has been assembled and given under section 6(1) and— (i) criminal proceedings against all the persons have started; or (ii) criminal proceedings against 1 or more of the persons have started and the authority has been advised that no-one else will be prosecuted. 4 Section 6(1) refers to evidence of an offence against the Commonwealth, a Territory or a State obtained by the authority in the course of its investigations.
s 18D 26 National Crime Authority (State Provisions) Act1985 s 18D (2) If, under subsection (1), a nondisclosure statement is cancelled, the authority must give each person served with the notice or summons, written notice of the cancellation. ˙ Offences about disclosure of information prohibited by a nondisclosure statement 18D.(1) A person served with a notice or summons containing a nondisclosure statement must not disclose information about— (a) the notice or summons or its existence; or (b) an official matter relating to the notice or summons, or the official matter’s existence. Maximum penalty—40 penalty units or 1 year’s imprisonment. (2) However, subsection (1) does not apply to a person who discloses the information— (a) in the circumstances allowed under the nondisclosure statement; or (b) to a legal practitioner to obtain legal advice or representation about the notice, summons or matter; or (c) to a legal aid officer to obtain assistance under the Commonwealth Act, section 27, about the notice, summons or matter; or (d) if the person is a body corporate—to an officer or agent of the body corporate to ensure compliance with the notice or summons; or (e) if the person is a legal practitioner— (i) to comply with a legal duty of disclosure arising from the legal practitioner’s professional relationship with a client; or (ii) to obtain a person’s agreement under section 19(3) to the legal practitioner answering a question or producing a document at a hearing before the authority. (3) A person to whom information has been disclosed under this section must not disclose the information unless—
s 18D 27 National Crime Authority (State Provisions) Act1985 s 18D (a) if the person is an officer or agent mentioned in subsection (2)(d)—the person discloses the information to— (i) another officer or agent of the body corporate to ensure compliance with the notice or summons; or (ii) a legal practitioner to obtain legal advice or representation about the notice, summons or matter; or (iii) a legal aid officer to obtain assistance under the Commonwealth Act, section 27, about the notice, summons or matter; or (b) if the person is a legal practitioner—to give advice, make representation or obtain assistance under the Commonwealth Act, section 27, about the notice, summons or matter; or (c) if the person is a legal aid officer—to obtain legal advice or representation about the notice, summons or matter. Maximum penalty—40 penalty units or 1 year’s imprisonment. (4) A person to whom information is disclosed under subsection (2) or (3)— (a) while the person is a person to whom, under this section, the information may be disclosed—must not, unless the disclosure is allowed under subsection (3), disclose information about— (i) the notice, summons, an official matter related to the notice or summons; or (ii) the notice, summons or official matter’s existence; and (b) if the person is no longer a person to whom, under this section, the information may be disclosed—must not— (i) make a record, or disclose the existence, of the notice, summons or matter; or (ii) disclose information about the notice, summons of matter. Maximum penalty—40 penalty units or 1 year’s imprisonment. (5) This section stops applying to a notice or summons when the earliest of the following things happen—
s 19 28 s 19 National Crime Authority (State Provisions) Act 1985 (a) the notice or summons is cancelled by section 18C(1); (b) 5 years elapse after the day the notice or summons was issued. (6) In this section, a reference to disclosing something’s existence includes disclosing information from which a person could reasonably be expected to infer its existence. (7) In this section— “legal aid officer” means— (a) a member, or staff member, of a legal aid commission within the meaning of the Legal Aid Act 1977 (Cwlth); and (b) the person delegated the Commonwealth Attorney-General’s powers and functions under the Commonwealth Act, section 27. ˙ Failure of witnesses to attend and answer questions 19.(1) A person served, as prescribed, with a summons to appear as a witness at a hearing before the Authority shall not, without reasonable excuse— (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 a member. (2) A person appearing as a witness at a hearing before the Authority shall not, without reasonable excuse— (a) when required pursuant to section 17 either to take an oath or make an affirmation—refuse or fail to comply with the requirement; or (b) refuse or fail to answer a question that the person is required to answer by the member presiding at the hearing; or (c) refuse or fail to produce a document or thing that the person was required to produce by a summons under this Act served as prescribed. (3) Where— (a) a legal practitioner is required to answer a question or produce a
s 19 29 s 19 National Crime Authority (State Provisions) Act 1985 document at a hearing before the Authority; and (b) the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner; 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 refuses to comply with the requirement, the legal practitioner shall, if so required by the member presiding at the hearing, furnish to the Authority the name and address of the person to whom or by whom the communication was made. (4) Subject to subsections (5), (7), (9) and (11), it is a reasonable excuse for the purposes of subsection (2) for a natural person— (a) to refuse or fail to answer a question put to the person at a hearing before the Authority; or (b) to refuse or fail to produce a document or thing that the person was required to produce at a hearing before the Authority; that the answer to the question, or the production of the document or thing, as the case may be, might tend to incriminate the person. (5) It is not a reasonable excuse for the purposes of subsection (2) for a person— (a) to refuse or fail to answer a question put to the person at a hearing before the Authority; or (b) to refuse or fail to produce a document or thing that the person was required to produce at a hearing before the Authority; that the answer to the question or the production of the document or thing might tend to prove the person’s guilt of an offence against a law of the © State of Queensland if the Attorney-General, or a person authorised by the Attorney-General, being the person holding the office of Director of Public Prosecutions of the State of Queensland has given to the firstmentioned person an undertaking in writing that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any
s 19 30 s 19 National Crime Authority (State Provisions) Act 1985 proceedings against that person for an offence against a law of the State of Queensland other than proceedings in respect of the falsity of evidence given by that person and the Attorney-General, or the person so authorised, states in the undertaking— (c) that, in his or her opinion, there are special grounds that in the public interest require that answers be given or documents or things be produced by the first mentioned person; and (d) the general nature of those grounds. (6) The Authority may recommend to the Attorney-General that a person who has been or is to be served with a summons to appear as a witness at a hearing before the Authority or to produce a document or thing at a hearing before the Authority be given an undertaking in accordance with subsection (5). (7) It is not a reasonable excuse for the purposes of subsection (2) for a person— (a) to refuse or fail to answer a question put to the person at a hearing before the Authority; or (b) to refuse or fail to produce a document or thing that the person was required to produce at a hearing before the Authority; that the answer to the question or the production of the document or thing might tend to prove the person’s guilt of an offence against a law of the Commonwealth or of a Territory if the Director of Public Prosecutions of the Commonwealth has given to the person an undertaking in writing that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against the person for an offence against a law of the Commonwealth or of a Territory other than proceedings in respect of the falsity of evidence given by the person and the Director of Public Prosecutions of the Commonwealth states in the undertaking— (c) that, in his or her opinion, there are special grounds that in the public interest require that answers be given or documents or things be produced by the person; and
s 19 31 s 19 National Crime Authority (State Provisions) Act 1985 (d) the general nature of those grounds. (8) The Authority may recommend to the Director of Public Prosecutions of the Commonwealth that a person who has been or is to be served with a summons to appear as a witness at a hearing before the Authority or to produce a document or thing at a hearing before the Authority be given an undertaking in accordance with subsection (7). (9) It is not a reasonable excuse for the purposes of subsection (2) for a person— (a) to refuse or fail to answer a question put to the person at a hearing before the Authority; or (b) to refuse or fail to produce a document or thing that the person was required to produce at a hearing before the Authority; that the answer to the question or the production of the document or thing might tend to prove the person’s guilt of an offence against a law of another State if the Attorney-General of that State, or a person authorised by that Attorney-General, being the person holding the office of Director of Public Prosecutions, or a similar office, of that State, has given to the firstmentioned person an undertaking in writing that any answer given or document or thing produced, as the case may be, or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the firstmentioned document or thing, will not be used in evidence in any proceedings against that person for an offence against a law of that State other than proceedings in respect of the falsity of evidence given by that person and the Attorney-General of that State, or the person so authorised, states in the undertaking— (c) that, in his or her opinion, there are special grounds that in the public interest require that answers be given or documents or things be produced by the first mentioned person; and (d) the general nature of those grounds. (10) The Authority may recommend to the Attorney-General of another State that a person who has been or is to be served with a summons to appear as a witness at a hearing before the Authority or to produce a document or thing at a hearing before the Authority be given an undertaking in accordance with subsection (9).
s 20 32 s 20 National Crime Authority (State Provisions) Act 1985 (11) For the purposes of subsection (2)— (a) it is not a reasonable excuse for a corporation to refuse or fail to produce a document or thing that the production of the document or thing might tend to incriminate the corporation; and (b) it is not a reasonable excuse for a natural person to refuse or fail to produce a document that is, or forms part of, a record of an existing or past business (not being, in the case of a person who is or has been an employee, a document that sets out details of earnings received by the person in respect of the person’s employment and does not set out any other information) that the production of the document might tend to incriminate the person. (12) Subsections (5), (7), (9) and (11) do not apply where the offence in respect of which the answer to a question or the production of a document or thing, as the case requires, might tend to incriminate a person is an offence with which the person has been charged and the charge has not been finally dealt with by a court or otherwise disposed of. (13) A person who contravenes subsection (1), (2) or (3) commits an offence against this Act. Maximum penalty—20 penalty units or 6 months imprisonment. ˙ Warrant for arrest of witness 20.(1) Where, upon application by or on behalf of the Authority, a judge of the Federal Court or 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 15 to deliver the person’s passport to the Authority, whether or not the person has complied with the order, is nevertheless likely to leave Australia for the purpose of avoiding giving evidence before the Authority; or (b) that a person in relation to whom a summons has been issued under section 17(1)— (i) has absconded or is likely to abscond; or (ii) is otherwise attempting, or is otherwise likely to attempt, to
s 20 33 s 20 National Crime Authority (State Provisions) Act 1985 evade service of the summons; or (c) a person has committed, or is likely to commit, an offence under section 19(1). 5 the judge may issue a warrant for the apprehension of the person. (2) The warrant may be executed by any member of the Australian Federal Police or of the Police Force of a State or Territory, or by any person to whom it is addressed, and the person executing it has power to break and enter any premises, vessel, aircraft or vehicle, for the purpose of executing it. (2A) The warrant may be executed notwithstanding that the warrant is not at the time in the possession of the person executing it. (3) Where a person is apprehended pursuant to a warrant under this section, the person shall be brought, as soon as practicable, before a judge of the Federal Court or Supreme Court and the judge may— (a) admit the person to bail, with such security as the judge thinks fit, on such conditions as the judge thinks necessary to ensure the appearance of the person as a witness before the Authority; or (b) order the continued detention of the person for the purpose of ensuring the appearance of the person as such a witness; or (c) order the release of the person. (4) Where a person is under detention pursuant to this section, the person shall, within 14 days after the person was brought, or last brought, before a judge of the Federal Court or Supreme 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 thereupon exercise any of the powers of a judge under subsection (3). (5) In this section— “Australia” includes the external Territories. 5 Section 19 (Failure of witnesses to attend and answer questions)
s 21 34 s 21 National Crime Authority (State Provisions) Act 1985 ˙ Applications to Federal Court of Australia 21.(1) Where— (a) a person claims to be entitled to refuse to produce a document that the person is required to produce pursuant to a notice under section 18; or (b) a person claims to be entitled to refuse to answer a question put to the person or to produce a document that the person was required to produce, at a hearing before the Authority; the Authority shall decide as soon as practicable whether in its opinion the claim is justified and notify the person of its decision. (2) If the person is dissatisfied with the decision, the person may apply to the Federal Court for an order of review in respect of the decision. (3) Where the Authority decides that a claim by a person that the person is entitled to refuse to produce a document is not justified, the person is not entitled to make an application to the Federal Court under subsection (2) in respect of the decision unless the person has produced the document to the Authority or placed the document in the custody of the registrar of that court, and, where the person has so produced the document and makes such an application, the Authority shall cause the document to be placed in the custody of the registrar of that court. (4) On an application for an order of review in respect of a decision of the Authority under subsection (1), the Federal Court may, in its discretion, make an order— (a) affirming the decision; or (b) setting aside the decision. (5) Where the Federal Court makes an order under subsection (4) setting aside a decision by the Authority that a claim by a person that the person was entitled to refuse to produce a document is not justified— (a) unless paragraph (b) applies—the Federal Court shall make a further order directing that the document be delivered to the person; and (b) if the Federal Court—
s 21 35 s 21 National Crime Authority (State Provisions) Act 1985 (i) makes the firstmentioned order for the reason that the person was entitled, on the ground that production of the document might tend to incriminate the person, to refuse to produce the document; and (ii) is satisfied that the person was not entitled on any other ground to refuse to produce the document; and (iii) is satisfied that an undertaking of a kind referred to in section 19(5), (7) or (9) has, or 2 or more such undertakings have, been given to the person and that the person, if now required to produce the document at a hearing before the Authority, would not be entitled to refuse so to produce it; the Federal Court shall make a further order directing that the document be delivered to the Authority; and (c) if the Federal Court— (i) makes the firstmentioned order for the reason that, or for reasons including the reason that, the person was entitled, on the ground that production of the document might tend to incriminate the person, to refuse to produce the document; and (ii) makes a further order directing that the document be delivered to the person; evidence of production of the document by the person to the Authority, or of the placing of the document by the person in the custody of the registrar of the Federal Court, as the case may be, for the purposes of the application on which the orders were made is not admissible in proceedings against the person for an offence against a law of the State of Queensland, other than proceedings in respect of the falsity of evidence given by the person. (6) A prosecution for an offence under section 18 or 19 shall not be commenced in respect of a refusal or failure by a person to produce a document or answer a question— (a) if the person has claimed to be entitled to refuse to produce the document or answer the question, as the case may be, and the
s 21 36 s 21 National Crime Authority (State Provisions) Act 1985 Authority decides that, in its opinion, the claim is not justified—until the expiration of the period of 5 days (excluding days on which the registry of the Federal Court is closed) immediately after the relevant day in relation to the decision; or (b) if the person has made an application to the Federal Court under subsection (2) for an order of review in respect of a decision by the Authority that, in its opinion, a claim by the person to be entitled to refuse to produce the document or answer the question is not justified—until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of. (7) An order of the Federal Court under subsection (4) is, subject to any appeal from that order, conclusive for the purposes of any other proceedings. (8) Where a person who is required to produce a document pursuant to a notice under section 18, or is required to produce a document at a hearing before the Authority, claims that— (a) the document contains— (i) particular matter (the “relevant matter” ) relating to the personal affairs of the person, not being matter relating to the activities of an existing or past business; or (ii) in the case of a person who is or has been an employee—particular matter (the “relevant matter” ), being details of earnings received by the person in respect of the person’s employment; and (b) the person would, if the document had contained only the relevant matter, have been entitled, on the ground that production of the document might tend to incriminate the person, to refuse so to produce the document; the person may, whether or not the person has made an application to the Federal Court under subsection (2) in respect of a decision by the Authority in relation to the document, make an application to the Federal Court for an order under this subsection and, if such an application is made and the document is produced to that court, then, subject to subsection (5)(a), that court—
s 21 37 s 21 National Crime Authority (State Provisions) Act 1985 (c) if it is satisfied that the claim is justified—may, subject to paragraph (d), make such order as it thinks fit for the excision or concealment of the part of the document that contains the relevant matter and shall, if it makes such an order, make a further order directing that the document be delivered to the Authority after the firstmentioned order has been complied with; and (d) if it is satisfied that an undertaking of a kind referred to in section 19(5), (7) or (9) has, or 2 or more such undertakings have, been given to the person and that the person would not, if the document contained only the relevant matter and the person were now required to produce the document to the Authority, be entitled, on the ground that production of the document might tend to incriminate the person, to refuse so to produce it—shall make an order directing that the document be delivered to the Authority; and (e) if paragraph (d) does not apply and that court does not make an order of the kind first referred to in paragraph (c)—shall make an order directing that the document be delivered to the Authority. (9) A person is not entitled to make an application under subsection (8) in relation to a document unless the person has, on the day on which the document was to be produced to the Authority or on such later day as a member (whether on or after the firstmentioned day) allows, given to the Authority a notice in writing stating that the person proposes to make an application for an excision or concealment order in relation to the document. (10) A person is not entitled to make an application to the Federal Court under subsection (8) in relation to a document unless the person has produced the document to the Authority or placed the document in the custody of the registrar of that court, and, where the person has so produced the document and makes such an application, the Authority shall cause the document to be placed in the custody of the registrar of that court. (11) Where— (a) a person makes a claim as mentioned in subsection (8) in relation to particular matter (the “relevant matter” ) contained in a document; and (b) the Federal Court, being satisfied that the claim is justified, makes
s 21 38 s 21 National Crime Authority (State Provisions) Act 1985 in relation to the document an order of the kind first referred to in subsection (8)(c); evidence of production of the document by the person to the Authority, or of the placing of the document by the person in the custody of the registrar of that court, as the case may be, for the purposes of the application on which the order is made is, in so far as the document contains the relevant matter, not admissible in any proceedings against the person for an offence against a law of the State of Queensland, other than proceedings in respect of the falsity of evidence given by the person. (12) A prosecution for an offence under section 18 or 19 shall not be commenced in respect of a refusal or failure by a person to produce a document— (a) if the person has given to the Authority in accordance with subsection (9) a notice relating to the document—until the expiration of the period of 5 days (excluding days on which the registry of the Federal Court is closed) immediately after the relevant day in relation to the notice; or (b) if the person has made an application under subsection (8) in relation to the document—until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of. (13) An application to the Federal Court under subsection (2) or (8)— (a) shall be made in such manner as is prescribed by rules of court made under the Federal Court of Australia Act 1976 (Cwlth); and (b) shall set out the grounds of the application; and (c) shall be lodged with a registry of the Federal Court within the period of 5 days (excluding days on which the registry is closed) immediately after— (i) in the case of an application under subsection (2)—the relevant day in relation to the decision to which the application relates; or (ii) in the case of an application under subsection (8)—the relevant day in relation to the notice given in accordance with subsection (9) in relation to the application;
s 22 39 s 22 National Crime Authority (State Provisions) Act 1985 or within such further period as that court (whether before or after the expiration of the first mentioned period) allows. (14) The Federal Court has jurisdiction with respect to matters arising under this section. (15) In this section— “document” includes any thing. “prescribed notice” means a notice stating as mentioned in section 22(2)(c). “relevant day” means— (a) in relation to a decision of the Authority under subsection (1)—the day on which the Authority gives to the person to whom the decision relates a prescribed notice relating to the decision; or (b) in relation to a notice given by a person in accordance with subsection (9)—the day on which the Authority gives to the person a prescribed notice relating to the notice so given by the person. (16) Where a decision of the Authority under subsection (1) relates to 2 or more questions, or to 2 or more documents, the decision shall, to the extent to which it relates to a particular question or document, be deemed, for the purposes of this Act, to constitute a separate decision relating to that question or document only. (17) Where a person gives to the Authority in accordance with subsection (9) a notice relating to 2 or more documents, the notice shall, to the extent to which it relates to a particular document, be deemed, for the purposes of this Act, to constitute a separate notice relating to that document only. ˙ Applications to Supreme Court of Queensland 22.(1) Where— (a) a person is required— (i) to answer a question, or to produce a document, at a hearing
s 22 40 s 22 National Crime Authority (State Provisions) Act 1985 before the Authority; or (ii) to produce a document pursuant to a notice under section 18; and (b) the Authority, at a particular time (the “relevant time” )— (i) decides under section 21(1) that a claim by the person to be entitled to refuse to answer the question, or to produce the document, as the case may be, is not justified; or (ii) in a case where the person is required to produce a document—receives from the person a notice given in accordance with section 21(9) relating to the document; and (c) the Authority, at the relevant time— (i) in a case where paragraph (a)(i) applies—is holding the hearing for the purposes of a special investigation, or of 2 or more special investigations; or (ii) in a case where paragraph (a)(ii) applies—considers the document to be relevant to a special investigation, or to 2 or more special investigations; then, for the purposes of this section— (d) if a reference to the Authority made by the Commonwealth Minister is at the relevant time in force in respect of a matter to which the special investigation, or any of the special investigations, relates—prescribed circumstances shall be taken not to apply; or (e) if a reference to the Authority made by a Minister of a State is at the relevant time in force in respect of a matter to which the special investigation, or any of the special investigations, relates and a reference to the Authority made by a Minister of another State is at the relevant time in force in respect of such a matter—prescribed circumstances shall be taken not to apply; or (f) if a reference to the Authority made by a Minister of a State is at the relevant time in force in respect of a matter to which the special investigation, or any of the special investigations, relates and neither paragraph (d) nor (e) applies—prescribed
s 22 41 s 22 National Crime Authority (State Provisions) Act 1985 circumstances shall be taken to apply, in relation to the lastmentioned State; in relation to the decision of the Authority, or in relation to the notice given by the person in accordance with section 21(9), as the case may be. (2) Where the Authority— (a) decides under section 21(1) that a claim by a person to be entitled to refuse to answer a question, or to produce a document, is not justified; or (b) receives from a person a notice given in accordance with section 21(9); the Authority shall give to the person a notice— (c) stating that prescribed circumstances— (i) do not apply; or (ii) apply in relation to a specified State; as the case requires, in relation to the decision of the Authority, or in relation to the notice given by the person in accordance with section 21(9), as the case may be; and (d) stating— (i) in a case where paragraph (c)(i) applies—that the effect of prescribed circumstances not so applying is that the Federal Court has jurisdiction; or (ii) in a case where paragraph (c)(ii) applies—that the effect of prescribed circumstances so applying in relation to that State is that the Supreme Court of that State has jurisdiction; with respect to— (iii) an application for an order of review in respect of the decision of the Authority; or (iv) an application in relation to the claim to which the notice given by the person in accordance with section 21(9) relates; as the case may be; but failure of a notice to state as mentioned in paragraph (d) does not affect
s 22 42 s 22 National Crime Authority (State Provisions) Act 1985 the validity of the notice. (3) A notice that is given by the Authority to a person and that states as mentioned in subsection (2)(c) is prima facie evidence of the matter so stated. (4) Subject to subsection (5), where prescribed circumstances apply, in relation to the State of Queensland, in relation to— (a) a decision of the Authority under section 21(1); or (b) a notice given in accordance with section 21(9); section 21 has effect in relation to the decision, or in relation to the claim to which the notice relates, as the case may be, subject to the following modifications— (c) a reference in section 21 to the Federal Court shall be taken to be a reference to the Supreme Court; (d) a reference in section 21 to the registrar of the Federal Court shall be taken to be a reference to the registrar of the Supreme Court; (e) a reference in section 21 to a registry of the Federal Court shall be taken to be a reference to a registry of the Supreme Court; (f) the words ‘made under the Federal Court of Australia Act 1976 (Cwlth)’ shall be deemed to be omitted from section 21(13)(a). (5) Where an application is made to the Supreme Court under section 21 as that section has effect by virtue of subsection (4) and it appears to that court that it would be more appropriate for the application to be heard and determined by the Federal Court, the Supreme Court may transfer the application to the Federal Court and, upon an application being so transferred— (a) the modifications of section 21 mentioned in subsection (4) cease to have effect in relation to the application; and (b) the Federal Court may hear and determine the application as if the application had been duly made to the Federal Court under section 21; and (c) if a document has been placed in the custody of the registrar of the Supreme Court for the purposes of the application—
s 23 43 s 23 National Crime Authority (State Provisions) Act 1985 (i) the registrar of the Supreme Court shall send the document to the registrar of the Federal Court; and (ii) section 21(5)(c) or (11), as the case requires, applies in relation to the application as if the reference in that paragraph or subsection to the placing of the document in the custody of the registrar of the Federal Court were a reference to the placing of the document in the custody of the registrar of the Supreme Court. (6) The Supreme Court has jurisdiction with respect to matters arising under section 21 in respect of which an application has been duly made to that court under that section as it has effect by virtue of subsection (4). (7) The Federal Court has jurisdiction with respect to matters arising under section 21 in respect of which an application has been duly transferred to that court under this section. (8) In this section— “document” includes any thing. “special investigation” means an investigation conducted by the Authority in relation to a matter in respect of which a reference made under the Commonwealth Act by the Commonwealth Minister, or under an Act of a State by a Minister of that State, is in force. ˙ False or misleading evidence 23.(1) A person shall not, at a hearing before the Authority, give evidence that is, to the knowledge of the person, false or misleading in a material particular. (2) A contravention of subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by a fine not exceeding 400 penalty units or by imprisonment for a period not exceeding 5 years. (3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary
s 24 44 s 26 National Crime Authority (State Provisions) Act 1985 jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding 40 penalty units or imprisonment for a period not exceeding 1 year. ˙ Protection of witnesses etc. 24. Where it appears to a member that, by reason of the fact that a person— (a) is to appear, is appearing or has appeared at a hearing before the Authority to give evidence or to produce a document or thing; or (b) proposes to produce or has produced a document or thing to the Authority pursuant to this Act otherwise than at a hearing before the Authority; the safety of the person may be prejudiced or the person may be subjected to intimidation or harassment, the member may make such arrangements (including arrangements with the Minister or with police officers of the © State of Queensland) as are necessary to avoid prejudice to the safety of the person, or to protect the person from intimidation or harassment. ˙ Contempt of Authority 25. A person who— (a) obstructs or hinders the Authority or a member in the performance of the special functions of the Authority; or (b) disrupts a hearing before the Authority; commits an offence against this Act. Maximum penalty—40 penalty units or 1 year’s imprisonment. ˙ Double jeopardy 26. Where an act or omission by a person is an offence against this Act and is also an offence against the Commonwealth Act, the person may be prosecuted and convicted under this Act in respect of that act or omission notwithstanding that the person has been or is being prosecuted, or has been convicted, in respect of that act or omission under the Commonwealth Act,
s 27 45 s 29 National Crime Authority (State Provisions) Act 1985 but nothing in this Act renders a person liable to be punished twice in respect of the same act or omission. ˙ Powers of acting member of the Authority 27.(1) While a person is acting as chairperson, the person has, and may exercise, all the powers, and shall perform all the functions, of the chairperson under this Act. (2) While a person is acting as a member, the person has, and may exercise, all the powers, and shall perform all the functions, of a member under this Act. (3) The validity of anything done by or in relation to a person purporting to act as chairperson or as a member shall not be called in question on the ground that the occasion for the appointment of the person had not arisen, that there is a defect or irregularity in or in connection with that appointment, that that appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. ˙ Administrative arrangements with Commonwealth 28. The Minister may make an arrangement with the Commonwealth Minister under which the State of Queensland will, from time to time as agreed upon under the arrangement, do either or both of the following— (a) make available a person who is the holder of an office, or persons who are the holders of offices, of the State of Queensland to hold office as a member or members; (b) make available a person who is an officer or employee of the © State of Queensland or of an authority of the State of Queensland or a police officer of the State of Queensland, or persons who are such officers, employees or members, to perform services for the Authority. ˙ Protection of members etc. 29.(1) A member has, in the performance of functions, or the exercise of powers, as a member in relation to a hearing before the Authority, the same
s 30 46 s 30 National Crime Authority (State Provisions) Act 1985 protection and immunity as a Justice of the High Court. (2) A legal practitioner assisting the Authority or representing a person at a hearing before the Authority has 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 the Authority as a witness has the same protection as a witness in proceedings in the High Court. ˙ Secrecy 30.(1) This section applies to— (a) a member of the Authority; and (b) a member of the staff of the Authority. (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 the person’s duties under a relevant Act, and either while the person is or after the person 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 information; being information acquired by the person by reason of, or in the course of, the performance of duties under this Act, commits an offence against this Act. Maximum penalty—100 penalty units or 1 year’s imprisonment. (3) A person to whom this section applies shall not be required to produce in any court any document that has come into the person’s custody or control in the course of, or by reason of, the performance of the person’s duties under this Act, or to divulge or communicate to a court a matter or thing that has come to the person’s notice in the performance of the person’s duties under this Act, except where the Authority, or a member or acting member in the member’s or acting member’s official capacity, is a party to the relevant proceedings or it is necessary to do so— (a) for the purpose of carrying into effect the provisions of a relevant
s 31 47 s 32 National Crime Authority (State Provisions) Act 1985 Act; or (b) for the purposes of a prosecution instituted as a result of an investigation carried out by the Authority in the performance of its functions. (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 authority” includes a person who assists, or performs services for, a legal practitioner appointed under the Commonwealth Act, section 50, in the performance of the legal practitioner’s duties as counsel to the authority. “produce” includes permit access to, and “production” has a corresponding meaning. “relevant Act” means the Commonwealth Act, this Act or any corresponding Act of another State. ˙ Proceedings for offences 31. Unless the contrary intention appears, proceedings in respect of an offence against this Act shall be taken by way of summary proceedings under the Justices Act 1886 . ˙ Report to be laid before Parliament 32. The Minister shall cause a copy of— (a) each annual report of the Authority that is received by the Minister; and (b) any comments made on the report by the Inter-Governmental Committee, being comments that accompanied the report; to be laid before the Legislative Assembly within 15 sitting days of that House after the report is received by the Minister.
s 33 48 s 33 National Crime Authority (State Provisions) Act 1985 ˙ Regulation making power 33. The Governor in Council may make regulations under this Act.
49 National Crime Authority (State Provisions) Act 1985 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 28 June 1996. Future amendments of the National Crime Authority (State Provisions) Act 1985 may be made in accordance with this reprint under the ReprintsAct 1992, section 49.
50 National Crime Authority (State Provisions) Act 1985 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No. Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 11 of 1990 9 December 1994 2 to Act No. 19 of 1995 29 June 1995 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of Table Changed names and titles Corrected minor errors Obsolete and redundant provisions Reprint No. 1 1, 2 1, 2
51 National Crime Authority (State Provisions) Act 1985 ´ 6 List of legislation National Crime Authority (State Provisions) Act 1985 No. 64 date of assent 27 September 1985 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 9 June 1986 (proc pubd gaz 7 June 1986 p 1104) as amended by— National Crime Authority (State Provisions) Act Amendment Act 1987 No. 25 date of assent 23 April 1987 commenced on date of assent National Crime Authority (State Provisions) Act Amendment Act 1989 No. 23 date of assent 17 April 1989 commenced on date of assent National Crime Authority (State Provisions) Act Amendment Act 1990 No. 11 date of assent 25 May 1990 commenced on date of assent National Crime Authority (State Provisions) Amendment Act 1995 No. 19 pts 1–2 date of assent 11 April 1995 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´ 7 List of annotations Commencement s 2 om 1995 No. 19 s 2 Interpretation s 3 def “acting member” om 1995 No. 19 s 4(1) def “document” om 1995 No. 19 s 4(1) def “external territories” amd R2 (see RA s 39) def “Federal Court” om R1 (see RA s 39) def “member of the staff of the Authority” amd 1989 No. 23 s 2 def “Minister” sub 1987 No. 25 s 3 om R1 (see RA s 39) def “Minister of a State” ins 1995 No. 19 s 4(2) amd R2 (see RA s 39) def “nondisclosure statement” ins 1995 No. 19 s 4(2)
52 National Crime Authority (State Provisions) Act 1985 def “notice” ins 1995 No. 19 s 4(2) def “official matter” ins 1995 No. 19 s 4(2) def “Parliament of a State” ins 1995 No. 19 s 4(2) def “Premier of a State” ins 1995 No. 19 s 4(2) def “State” amd 1995 No. 19 s 4(4); R2 (see RA s 39) def “summons” ins 1995 No. 19 s 4(2) def “Territory” amd R2 (see RA s 39) Functions under laws of Queensland s 5 amd 1995 No. 19 s 5 Performance of functions s 6 amd 1995 No. 19 s 6 Cooperation with law enforcement agencies s 9 amd 1995 No. 19 s 7 Search warrants s 12 amd 1995 No. 19 s 8 Application by telephone for search warrants s 13 amd 1995 No. 19 s 9 Order for delivery to Authority of passport of witness s 15 amd 1995 No. 19 s 10 Hearings s 16 amd 1989 No. 23 s 3; 1995 No. 19 s 11; 1995 No. 58 s 4 sch 1 Power to summon witnesses and take evidence s 17 amd 1995 No. 19 s 12 Power to obtain documents s 18 amd 1995 No. 19 s 13; 1995 No. 58 s 4 sch 1 Disclosure of information about a notice, summons or official matter may be prohibited s 18A ins 1995 No. 19 s 14 Nondisclosure statement to be accompanied by statement of rights and obligations s 18B ins 1995 No. 19 s 14 Cancellation of nondisclosure statements s 18C ins 1995 No. 19 s 14 Offences about disclosure of information prohibited by a nondisclosure statement s 18D ins 1995 No. 19 s 14 amd 1995 No. 58 s 4 sch 1 Failure of witnesses to attend and answer questions s 19 amd 1995 No. 19 s 15; 1995 No. 58 s 4 sch 1
53 National Crime Authority (State Provisions) Act 1985 Warrant for arrest of witness s 20 amd 1989 No. 23 s 4; 1990 No. 11 s 2; 1995 No. 19 s 16 Applications to Federal Court of Australia s 21 amd 1995 No. 19 s 17 False or misleading evidence s 23 amd 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4 sch 1 Protection of witnesses etc. s 24 amd 1995 No. 19 s 18 Contempt of Authority s 25 amd 1995 No. 19 s 19; 1995 No. 58 s 4 sch 1 Protection of members etc. s 29 amd 1995 No. 19 s 20 Secrecy s 30 amd 1995 No. 19 s 21; 1995 No. 58 s 4 sch 1 Regulation making power s 33 sub 1995 No. 58 s 4 sch 1 Cessation of operation of Act s 34 om 1989 No. 23 s 5 © State of Queensland 1996
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