National Crimes Commission Act 1982 (Cth)
PART I —PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Act to bind the Commonwealth
5. Extension to external Territories
PART II—THE NATIONAL CRIMES COMMISSION
6. Establishment and constitution of Commission
7. Functions
8. Functions under State laws
9. Members may have concurrent functions and powers under State laws
10. General investigations by the Commission
11. Commission to work in co-operation with Police Forces, &c.
12. Directions and guidelines to Commission
13. Evidence obtained in course of investigation
14. Search warrants
15. Application by telephone for search warrants
16. Order for delivery to Commission of passport of witness
17. Hearings
18. Reimbursement of expenses of witnesses
19. Legal and financial assistance
20. Power to summon witnesses and take evidence
21. Failure of witnesses to attend and answer questions
22. False or misleading evidence
23. Contempt of Commission
24. Protection of members, &c.
TABLE OF PROVISIONS
Section
25. Terms and conditions of appointment
26. Remuneration and allowances
27. Appointment of Judge as member not to affect tenure, &c.
28. Leave of absence
29. Resignation
30. Disclosure of interests
31. Termination of appointment
32. Acting Chairman
33. Acting member
34. Meetings of Commission
35. Staff to be seconded to Commission
36. Employment of additional staff, consultants, &c.
37. Counsel assisting Commission
38. Secrecy
PART III—MISCELLANEOUS
39. Administrative arrangements with States
40. Commission to keep Attorney-General informed of its operations
41. Annual report
42. Regulations
43. Cessation of operation of Act
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“acting member” means a person, not being a member, who is acting as Chairman or as a member other than the Chairman;
“appoint” includes re-appoint;
“Chairman” means Chairman of the Commission;
“document” includes any book, register or other record of information, however compiled, recorded or stored;
“Federal Court” means the Federal Court of Australia;
“Governor of a State” includes the Administrator of the Northern Territory;
“Judge” means—
(a) a Judge of a court created by the Parliament or of a court of a State or Territory; or
(b) a person who has the same designation and status as a Judge of a court created by the Parliament;
“legal practitioner” means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory;
“member” means member of the Commission and includes the Chairman;
“member of the staff of the Commission” means a person assisting the Commission under section 35 or a person employed or engaged under section 36;
“officer of a Territory” includes—
(a) a person holding an 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;
“officer of the Commonwealth” has the same meaning as in paragraph 75 (v) of the Constitution and includes 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;
“participating State” means a State by or under the law of which functions are conferred on the Commission in relation to the investigation of alleged offences against laws of the State;
“passport” means an Australian passport or a passport issued by the Government of a country other than Australia;
“State” includes the Northern Territory;
“Territory” does not include the Northern Territory.
(a) he is or has been a Judge; or
(b) he is enrolled as a legal practitioner, and has been so enrolled for not less than 5 years.
(a) to investigate of its own motion or at the request of the Attorney-General—
(i) any circumstance suggesting that an offence may have been, or may be being, committed against a law of the Commonwealth or of a Territory;
(ii) any allegation that an offence has been, or is being, committed against a law of the Commonwealth or of a Territory;
(iii) any circumstance suggesting that a person has or may have, or any allegation that a person has, influenced or attempted to influence an officer of the Commonwealth or an officer of a Territory to do any act or thing contrary to law or to his duty or authority as such an officer; and
(iv) any activity that is, or appears to be, impeding the implementation or enforcement of a law of the Commonwealth or of a Territory;
(b) to assemble, with a view to the prosecution of the offender, any evidence of the commission of an offence against a law of the Commonwealth or of a Territory that it obtains in the course of its investigations and to furnish any such evidence in accordance with this Act to the Commissioner of the Australian Federal Police or to the Attorney-General or a person nominated by him;
(c) as required, to coordinate its activities with the activities of authorities and persons in other countries performing functions similar to the functions of the Commission; and
(d) when requested by the Attorney-General, to furnish advice to him as to the likely effect (if any) on the incidence of crime of proposed laws of the Commonwealth or of a Territory, or of existing or proposed administrative practices or arrangements, referred to in the request.
(a) organized criminal activities, that is to say, offences that appear to be connected with one another and involve several offenders and substantial planning and organization;
(b) offences involving the use of sophisticated methods, planning or techniques; and
(c) bribery or corruption involving officers of the Commonwealth or officers of a Territory.
(a) with the consent of the Attorney-General, any functions or powers are conferred on a member or members by the Governor of a State or a Minister of a State; and
(b) the Attorney-General informs the member or members in writing that he is satisfied that those functions or powers may conveniently be performed or exercised in conjunction with the performance or exercise by the Commission of its functions or powers under this 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 Commission of its functions or powers under this Act, and the members of the staff of the Commission may be employed by the Commission 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.
(a) identify persons as being suspected of having committed offences; or
(b) identify persons as having committed offences unless those persons have been convicted of those offences.
(a) terminate the investigation, or the part of the investigation that relates to the commission of that offence, and furnish the evidence to the Commissioner of the Australian Federal Police or to the Commissioner of the Police Force of the State, as the case may be; or
(b) to the extent to which it is within the scope of the functions of the Commission to do so, continue the investigation, or the part of the investigation that relates to the commission of that offence, with a view to assembling evidence required for the prosecution of the offender and furnish the evidence that it obtains to the Attorney-General of the Commonwealth or to the appropriate Minister of the State, as the case may be, or to a person nominated by that Attorney-General or Minister to receive the evidence.
(a) the Commission has reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, 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 in respect of which the Commission is conducting an investigation (in this section referred to as “things of the relevant kind”); and
(b) the Commission 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,
the Commission may apply to a Judge of a prescribed court for the issue of a search warrant under sub-section (3).
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(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 Commission.
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the matter in respect of which the Commission is conducting an investigation and with which the things of the relevant kind are connected;
(b) whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of things authorized to be seized; and
(d) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.
(a) any thing of another kind that he believes on reasonable grounds to be connected with that matter; or
(b) any thing that he believes on reasonable grounds to be connected with another matter into which the Commission is conducting an investigation,
and he believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss, mutilation or destruction, the warrant shall be deemed to authorize him to seize that thing.
(a) the Commission may retain the thing so long as is reasonably necessary for the purposes of the investigation to which the thing is relevant; and
(b) when the retention of the thing by the Commission ceases to be reasonably necessary for those purposes, the Commission shall cause the thing to be delivered to the person who appears to the Commission to be entitled to possession of the thing unless the Commission has
furnished the thing to a person referred to in paragraph 13 (1) (a) or (b), as the case requires.
(a) a Judge of the Federal Court; or
(b) a Judge of a court of a State or Territory.
(a) complete and sign that warrant;
(b) inform the Commission of the terms of the warrant and the date on which and the time at which it was signed; and
(c) forward a copy of the warrant to the Commission.
(a) in connection with an investigation that is being conducted by the Commission, a summons has been issued under this Act requiring a person to appear before the Commission at a hearing (whether or not the summons has been served), or a person has appeared before the Commission at a hearing, to give evidence or to produce documents or other things;
(b) there are reasonable grounds for believing that the person may be able to give to the Commission evidence or further evidence that is, or to produce to the Commission documents or other things or further documents or other things that are, relevant to the matter in respect of which the Commission 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 in his possession, custody or control a passport issued to him,
the Judge may make an order requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order to show cause why he should not be ordered to deliver the passport to the Commission.
(a) an order under sub-section (1) has been made in respect of a person; and
(b) a copy of that order has been served upon the person,
the person shall not leave Australia unless—
(c) he has appeared before the Federal Court as required by the order under sub-section (1); and
(d) if the Court makes an order in respect of him under paragraph (3) (a) —he has complied with the terms of that order and any passport delivered by him to the Commission in accordance with that order has been returned to him.
Penalty: $5,000 or imprisonment for 2 years.
(a) requiring the person to deliver to the Commission any passport issued to him that is in his possession, custody or control; and
(b) authorizing the Commission to retain the passport until the expiration of such period (not exceeding one month) as is specified in the order.
(a) whether it is necessary or desirable for evidence that is to be given to the Commission at the hearing to be taken in private in order to ensure that a person who has been or may be charged with an offence will or would receive a fair trial for the offence or in order to avoid prejudice to the safety or reputation of a person;
(b) whether the evidence that is to be given to the Commission includes, or is likely to include, evidence that relates to the profits or financial position of any person and the taking of the evidence in public would be unfairly prejudicial to the interests of the person;
(c) the wishes of any person appearing as a witness at the hearing; and
(d) any other matter which in the opinion of the Commission is relevant.
(a) counsel assisting the Commission generally or in relation to the matter to which the investigation relates;
(b) any person authorized by the Commission to appear before it at the hearing; or
(c) any legal practitioner representing a person at the hearing pursuant to sub-section (4),
may, so far as the Commission thinks appropriate, examine or cross-examine any witness on any matter that the Commission considers relevant to the investigation.
(a) any evidence given before it;
(b) the contents of any document, or a description of any thing, produced to the Commission or seized pursuant to a search warrant issued under section 14;
(c) any information that might enable a person who has given evidence before the Commission to be identified; or
(d) the fact that any person has given or may be about to give evidence at a hearing,
shall not be published, or shall not be published except in such manner, and to such persons, as the Commission specifies.
(a) is present at a hearing or a part of a hearing in contravention of sub-section (10); or
(b) makes a publication in contravention of a direction given under sub-section (12),
is guilty of an offence punishable, upon summary conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.
(a) it would involve hardship to the person to refuse the application; and
(b) the circumstances of the case are of such a special nature that the application should be granted,
authorize the provision by the Commonwealth to that person, either unconditionally or subject to such conditions as the Attorney-General determines, of such legal or financial assistance in respect of the appearance of that person before the Commission as the Attorney-General determines.
(a) a member or acting 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 acting member, or a person who is an authorized person in relation to the Commission, may administer an oath or affirmation to a person so appearing at the hearing.
(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 or an acting member.
(2) A person appearing as a witness at a hearing before the Commission shall not, without reasonable excuse—
(a) when required pursuant to section 20 either to take an oath or make an affirmation—refuse or fail to comply with the requirement;
(b) refuse or fail to answer a question that he is required to answer by the member or acting member presiding at the hearing; or
(c) refuse or fail to produce a document or thing that he was required to produce by a summons under this Act served on him as prescribed.
(a) a legal practitioner is required to answer a question or produce a document at a hearing before the Commission; 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 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, he shall, if so required by the member or acting member presiding at the hearing, furnish to the Commission the name and address of the person to whom or by whom the communication was made.
(a) to refuse or fail to answer a question put to him at a hearing before the Commission; or
(b) to refuse or fail to produce a document or thing that he was required to produce at a hearing before the Commission,
that the answer to the question, or the production of the document or thing, as the case may be, might tend to incriminate him.
(a) to refuse or fail to answer a question put to him at a hearing before the Commission; or
(b) to refuse or fail to produce a document or thing that he was required to produce at a hearing before the Commission,
that the answer to the question or the production of the document or thing might tend to prove his guilt of an offence against a law of the Commonwealth or of a Territory if the Attorney-General has given to the person an undertaking in writing that any answer given or document or thing produced, as the case may be, will not be used in evidence in any proceedings against him for an offence against a law of the Commonwealth or of a Territory and if the Attorney-General states in the undertaking—
(c) that, in his opinion, there are special grounds which in the public interest require that answers be given or documents or things be produced by that person; and
(d) the general nature of those grounds.
(a) to refuse or fail to answer a question put to him at a hearing before the Commission; or
(b) to refuse or fail to produce a document or thing that he was required to produce at a hearing before the Commission,
that the answer to the question or the production of the document or thing might tend to prove his guilt of an offence against the law of a State if the Attorney-General of that State has given to the person an undertaking in writing that any answer given or document or thing produced, as the case may be, will not be used in evidence in any proceedings against him for an offence against a law of that State and if the Attorney-General of that State states in the undertaking—
(c) that, in his opinion, there are special grounds which in the public interest require that answers be given or documents or things be produced by that person; and
(d) the general nature of those grounds.
(a) a person served, as prescribed, with a summons to appear as a witness at a hearing before the Commission has, without reasonable excuse, failed to attend as required by paragraph (1) (a) or (b); or
(b) a person appearing as a witness at a hearing before the Commission has, without reasonable excuse—
(i) when required pursuant to section 20 either to take an oath or make an affirmation;
(ii) when required by the member or acting member presiding at the hearing to answer a question; or
(iii) when required to produce a document or any other thing by a summons under this Act served on him as prescribed,
refused or failed to comply with the requirement,
a member or acting member may, by instrument in writing, certify the failure to attend or the refusal or failure to comply with the requirement, as the case may be, to the Federal Court or to the Supreme Court of a State or Territory.
satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or refused or failed to comply with a requirement as mentioned in the certificate, may order the person to attend or to comply with the requirement at a hearing before the Commission to be held on a date, and at a time and place, specified in the order.
(a) insult a member or an acting member in the performance of his functions or the exercise of his powers as a member or acting member at a hearing before the Commission;
(b) interrupt a hearing before the Commission;
(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Commission is holding a hearing; or
(d) do any other act that would, if the Commission were a court of record, constitute contempt of that court.
Penalty: $2,000 or imprisonment for 12 months.
relation to a hearing before the Commission, the same protection and immunity as a Justice of the High Court.
acting member, does not affect his tenure of that judicial office or his rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of that judicial office and, for all purposes, his service as a member or acting member shall be taken to be service as the holder of that judicial office.
(a) an office of Judge of a court created by the Parliament; or
(b) an office the holder of which has, by virtue of his holding that office, the same status as a Judge of a court created by the Parliament.
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
(a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) a full-time member engages, except with the approval of the Attorney-General, in paid employment outside the duties of his office;
(c) a full-time member is absent from duty, except on leave granted by the Attorney-General in accordance with sub-section 28 (1), for 14 consecutive days, or for 28 days in any period of 12 months;
(d) a part-time member is absent, except on leave granted by the Attorney-General in accordance with sub-section 28 (2), from 3 consecutive meetings of the Commission; or
(e) a member fails, without reasonable excuse, to comply with his obligations under section 30,
the Governor-General shall terminate the appointment of that member.
(a) during a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Chairman; and
(b) at any time terminate such an appointment.
(a) during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member is absent from duty or from Australia or is, for any reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as a member; and
(b) at any time terminate such an appointment.
(a) a reference to the Chairman shall, if a person is acting as Chairman, be construed as a reference to the person so acting; and
(b) a reference to a member shall, if a person is acting as a member, be construed as including a reference to the person so acting.
(a) persons appointed or employed under the
Public Service Act 1922 whose services are made available to the Commission;(b) members of the Australian Federal Police whose services are made available to the Commission;
(c) officers and employees of authorities of the Commonwealth whose services are made available to the Commission; and
(d) persons whose services are made available to the Commission pursuant to arrangements made under section 39,
(a) a reference to the Chairman shall, if a person is acting as Chairman, be construed as a reference to the person so acting; and
(b) a reference to an authorized person is a reference to a person authorized by the Attorney-General, by writing under his hand, to grant approvals on behalf of the Attorney-General under this section.
(a) a member or acting member of the Commission;
(b) a person assisting the Commission under section 35;
(c) a person employed or engaged by the Chairman under section 36; and
(d) a person appointed to assist the Commission under section 37.
(a) makes a record of any information; or
(b) divulges or communicates to any person any information,
being information acquired by him by reason of, or in the course of, the performance of his duties under this Act, is guilty of an offence punishable on summary conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 1 year, or both.
(a) for the purpose of carrying into effect the provisions of this Act; or
(b) for the purposes of a prosecution instituted as a result of an investigation carried out by the Commission in the performance of its functions.
“court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
“produce” includes permit access to, and “production” has a corresponding meaning.
(a) make available a person who is the holder of a judicial or other office, or persons who are the holders of judicial or other offices, of the State to hold office as a member or members;
(b) make available a person who is an officer or employee of the State or of an authority of the State or a member of the Police Force of the State, or persons who are such officers, employees or members, to perform services for the Commission.
(a) from time to time inform the Attorney-General concerning the general conduct of its operations; and
(b) furnish to the Attorney-General such information in relation to its operations as the Attorney-General requires.
(a) from time to time inform the appropriate Minister of that State concerning the general conduct of its operations in respect of the performance of those functions; and
(b) furnish to that Minister such information in relation to its operations in respect of the performance of those functions as that Minister requires.
(a) a description of any patterns or trends, and the nature and scope, of any criminal activity that have come to the attention of the Commission during that year in the course of its investigations;
(b) any recommendations for changes in the laws of the Commonwealth or of a participating State, or for administrative action, that, as a result of its investigations, the Commission considers should be made;
(c) the general nature and the extent of any information furnished by the Commission during that year to the Commissioner of the Australian Federal Police, the Commissioner of the Police Force of a State or any authority or person responsible for the administration or enforcement of a law of the Commonwealth or of a State or Territory; and
(d) the extent to which its investigations have resulted in the prosecution in that year of persons for offences.
(a) identify persons as being suspected of having committed offences; or
(b) identify persons as having committed offences unless those persons have been convicted of those offences.
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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