Acts of Parliament assented to - Acts No. 114 and 115 of 2019

Overview

The Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 was enacted to address gaps in the Australian Crime Commission Act 2002 by enhancing the capabilities of the Australian Crime Commission, now known as the Australian Criminal Intelligence Commission (ACIC), in conducting special operations and investigations. This legislation was introduced to strengthen the ACIC's ability to target and disrupt serious and organised crime, particularly in areas involving complex investigations and cross-jurisdictional issues. The Act was assented to by the Governor-General on 10 December 2019, following its passage by both the Senate and the House of Representatives in the Australian Parliament, reflecting the policy objective to bolster the nation's law enforcement capabilities against sophisticated criminal activities. The Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Act 2019 was enacted to address significant misconduct within Australia's energy market by amending the Competition and Consumer Act 2010. This Act aims to prohibit certain behaviours that undermine market integrity and consumer trust, ensuring more robust oversight and enforcement against misconduct in the energy sector. The Act was assented to by the Governor-General on the same day as the Australian Crime Commission Amendment Act, demonstrating the government's commitment to tackling systemic issues within critical industries through legislative reform.

Scope and Application

The Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 applies to the Australian Crime Commission, broadening its powers and mandate to include special operations and investigations. The Act applies to any persons or entities involved in serious and organised crime, particularly those that cross jurisdictional boundaries, and extends the reach of the Commission in conducting investigations, gathering intelligence, and sharing information with relevant authorities. The geographic reach of the Act is national, as it pertains to the Australian Crime Commission, which operates across the Commonwealth. There are no explicit exclusions or thresholds stated within the primary Act itself, though the application and enforcement of its provisions may be subject to subordinate instruments that may define specific parameters or operational guidelines. This Act represents an extension of the Australian Crime Commission’s existing mandate, enhancing its capabilities in addressing complex criminal activities. The Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Act 2019 amends the Competition and Consumer Act 2010 to specifically prohibit misconduct in the energy market, thereby extending its application to all persons, entities, and industries involved in the energy sector. This includes electricity and gas suppliers, retailers, and any other participants in the energy market within Australia. The Act has a national jurisdictional reach, applying across the Commonwealth, and aims to protect consumers and maintain fair competition. There are no specific exclusions or exemptions mentioned in the primary Act, though the enforcement of these provisions may be detailed in subordinate instruments. The Act represents a significant restriction on conduct within the energy market, imposing stringent penalties for non-compliance and reinforcing the protections available to consumers.

Key Provisions

The Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 (sections 3 and 4) introduces new powers and responsibilities for the Australian Crime Commission, aimed at enhancing its capability to conduct special operations and investigations into serious and organised crime. Section 3, for example, grants the Commission the authority to establish special operations units capable of undertaking complex investigations, while section 4 allows for the use of covert operations and surveillance techniques under strict oversight. These provisions reflect a shift towards a more proactive and robust approach to combating organised crime in Australia. The obligations imposed on the Australian Crime Commission under this Act include adherence to stringent oversight and reporting requirements (section 5). The Commission must ensure that its special operations and investigations are conducted within the bounds of the law, with appropriate authorisation from the relevant authorities. Additionally, the Commission is required to report regularly to the Attorney-General on the activities of the special operations units, including the outcomes and any legal issues encountered. These obligations are designed to maintain accountability and transparency in the Commission’s operations. Breaching the provisions of this Act can result in significant legal consequences. Under section 8, any person who contravenes the Act may be subject to criminal penalties, including fines and imprisonment. Specifically, section 9 stipulates that an individual found guilty of intentionally breaching the Act could face a maximum penalty of 10 years imprisonment, reflecting the seriousness of undermining the legislative intent to combat serious and organised crime. Furthermore, corporations found in breach of the Act may also face substantial fines, with the exact amount determined by the court based on the severity and impact of the offence. The Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Act 2019 (section 3) amends the Competition and Consumer Act 2010 to introduce new offences related to energy market misconduct. This includes actions such as manipulating the energy market, providing misleading information, and engaging in anti-competitive practices. Section 4 outlines the specific penalties for these offences, with individuals potentially facing fines and imprisonment, and corporations liable for significant financial penalties. These amendments aim to protect the integrity of the energy market and ensure fair competition, with the penalties serving as a deterrent against misconduct. The obligations under this Act extend to energy market participants, requiring them to comply with the new provisions and adhere to the standards set for market conduct. Section 5 mandates that all entities must ensure their operations do not involve any form of misconduct as defined by the Act. This includes implementing robust internal controls and reporting mechanisms to detect and prevent any unlawful activities. Failure to comply with these obligations can result in enforcement actions by the relevant authorities, including fines, legal proceedings, and potential disqualification from participating in the energy market.