Australian Crime Commission Amendment Act 2004

Administered by Department of Home Affairs

Legislation au C2004A01266 In force Act

Legislation content

 

 

 

 

 

 

Australian Crime Commission Amendment Act 2004

 

No. 30, 2004

 

 

 

 

 

An Act to amend the Australian Crime Commission Act 2002, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Australian Crime Commission Act 2002

Australian Crime Commission Act 2002

Schedule 2—Amendment of other Acts

Administrative Decisions (Judicial Review) Act 1977

Australian Postal Corporation Act 1989

 

 

 

Australian Crime Commission Amendment Act 2004

No. 30, 2004

 

 

 

An Act to amend the Australian Crime Commission Act 2002, and for related purposes

[Assented to 2 April 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Crime Commission Amendment Act 2004.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

2 April 2004

2.  Schedule 1, items 1 to 16

The day on which this Act receives the Royal Assent.

2 April 2004

3.  Schedule 1, item 17

Immediately after the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002.

1 January 2003

4.  Schedule 2

The day on which this Act receives the Royal Assent.

2 April 2004

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Australian Crime Commission Act 2002

 

Australian Crime Commission Act 2002

1  Section 15

Repeal the section.

2  Subsection 43(1)

Omit “opinion that the performance of the CEO has been unsatisfactory”, substitute:

opinion:

 (a) that the performance of the CEO has been unsatisfactory; or

 (b) that the CEO should be suspended while allegations of misbehaviour against the CEO are investigated.

3  Subsection 51(2)

Omit “this Act or otherwise in connection with the performance of his or her duties under this Act”, substitute “a relevant Act or otherwise in connection with the performance of his or her duties under a relevant Act”.

4  Paragraph 51(3)(a)

Omit “this Act”, substitute “a relevant Act”.

5  At the end of subsection 51(4)

Add:

relevant Act means:

 (a) this Act; or

 (b) a law of a State under which the ACC performs a duty or function, or exercises a power, in accordance with section 55A.

6  Paragraph 55A(1)(b)

Omit “the Board, the Chair of the Board”, substitute “the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

7  Subsection 55A(4)

Omit “confer on the Board, the Chair of the Board”, substitute “confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

Note: The heading to subsection 55A(4) is altered by omitting “Board, Chair of the Board” and substituting “Inter‑Governmental Committee, Board, Chair of the Board, members of the Board”.

8  Subparagraph 55A(4)(b)(i)

Omit “conferred on the Board, the Chair of the Board”, substitute “conferred on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

9  Subsection 55A(5)

Omit “confer on the Board, the Chair of the Board”, substitute “confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

10  Subparagraph 55A(5)(b)(i)

Omit “conferred on the Board, the Chair of the Board”, substitute “conferred on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

11  Paragraph 55A(8)(b)

Omit “the Board, the Chair of the Board”, substitute “the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

12  Paragraph 55A(9)(b)

Omit “the Board, the Chair of the Board”, substitute “the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

13  Paragraph 55B(b)

After “the ACC”, insert “or the Inter‑Governmental Committee”.

14  Paragraph 55B(b)

After “the Chair of the Board,”, insert “a member of the Board,”.

15  Section 55B

Omit “require the ACC or the Board, the Chair of the Board,”, substitute “require the ACC or the Inter‑Governmental Committee or the Board, the Chair of the Board, the member of the Board,”.

16  Paragraph 55C(1)(b)

Omit “the Board, the Chair of the Board”, substitute “the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board”.

17  After section 55C

Insert:

55D  Transition from NCA to ACC

 (1) Despite the repeal of section 7 by item 35 of Schedule 1 to the Australian Crime Commission Establishment Act 2002 (the establishment Act), section 25B of the Acts Interpretation Act 1901 has effect in relation to the amendments made by the establishment Act as if the body known as the National Crime Authority continued in existence with the altered name Australian Crime Commission.

 (2) If:

 (a) the National Crime Authority Act 1984 (as in force before the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002) made provision for a thing to be done, or a matter to be dealt with, by or in relation to the National Crime Authority; and

 (b) a provision (the corresponding provision) of the Australian Crime Commission Act 2002 provides for such a thing to be done, or matter to be dealt with, by or in relation to the ACC (whether or not by the same, or a similar, person or body);

then the thing may be done, or matter dealt with, for, or in relation to, the National Crime Authority, under the corresponding provision.


Schedule 2—Amendment of other Acts

 

Administrative Decisions (Judicial Review) Act 1977

1  After paragraph (e) of Schedule 2

Insert:

 (ea) decisions under the Australian Crime Commission Act 2002 being:

 (i) decisions in connection with intelligence operations; or

 (ii) decisions in connection with investigations of State offences that have a federal aspect;

Australian Postal Corporation Act 1989

2  After subsection 90J(6)

Insert:

Disclosure under Australian Crime Commission legislation

 (6A) The person may disclose the information or document as required by or under a law of a State if the Australian Crime Commission performs a duty or function, or exercises a power, under that law in accordance with section 55A of the Australian Crime Commission Act 2002.

3  At the end of section 90LC

Add:

Disclosure under Australian Crime Commission legislation

 (6) The person may disclose the information or document as required by or under a law of a State if the Australian Crime Commission performs a duty or function, or exercises a power, under that law in accordance with section 55A of the Australian Crime Commission Act 2002.

 

[Minister’s second reading speech made in—

Senate on 4 December 2003

House of Representatives on 24 March 2004]

(186/03)

 

Overview

The Australian Crime Commission Amendment Act 2004, enacted on 2 April 2004 by the Parliament of Australia, was introduced to amend the Australian Crime Commission Act 2002 and related legislation, addressing gaps and enhancing the operational framework of the Australian Crime Commission (ACC). This amendment was crucial in refining the roles and responsibilities of the ACC, particularly in its interactions with state laws and the oversight of its Chief Executive Officer. The overarching policy objective was to ensure that the ACC could effectively carry out its duties under state laws, while also providing robust mechanisms for the accountability and performance management of its leadership. This Act also made amendments to other related Acts, including the Administrative Decisions (Judicial Review) Act 1977 and the Australian Postal Corporation Act 1989, to allow for the disclosure of information under certain conditions when the ACC is performing duties or functions under state laws. The amendments were aimed at facilitating better cooperation and information sharing between the ACC and state authorities, thereby enhancing the overall effectiveness of crime prevention and law enforcement efforts across jurisdictions.

Scope and Application

The Australian Crime Commission Amendment Act 2004 amends the Australian Crime Commission Act 2002 and other related Acts, primarily enhancing the functions and operational scope of the Australian Crime Commission (ACC). This Act applies to the ACC, its officers, and any other persons or entities as specified within the amended sections. It primarily targets conduct and transactions related to criminal investigations, particularly those involving state offences with a federal aspect, and intelligence operations. The jurisdictional reach of this Act is nationwide, operating under the Commonwealth authority. Certain exclusions and exemptions may apply as per the provisions of the amended Acts, but these are not explicitly detailed in the text. The Act also extends its application through subordinate instruments, such as those modifying the Administrative Decisions (Judicial Review) Act 1977 and the Australian Postal Corporation Act 1989, thereby allowing for broader operational flexibility and integration with state laws.

Key Provisions

The Australian Crime Commission Amendment Act 2004 amends the Australian Crime Commission Act 2002 by altering the scope of duties and responsibilities of the Australian Crime Commission (ACC). Specifically, the Act repeals certain sections and modifies others to better define the ACC's role in intelligence operations and investigations. For instance, Section 15 of the Australian Crime Commission Act 2002 is repealed (Section 1 of Schedule 1), and the grounds for suspension of the Chief Executive Officer (CEO) are expanded to include investigation of allegations of misbehaviour (Subsection 43(1) of Schedule 1). Furthermore, the scope of duties covered by the Act is extended to include relevant state laws (Subsection 51(2) of Schedule 1), which means the ACC can now perform duties and functions under state laws in addition to the federal laws. The Act imposes several obligations on the ACC and its officers. For example, the CEO can now be suspended not only for unsatisfactory performance but also for the investigation of any allegations of misbehaviour (Subsection 43(1) of Schedule 1). Additionally, the powers previously conferred on the Board and the Chair of the Board are now extended to the Inter-Governmental Committee, the Board, the Chair of the Board, and a member of the Board (Subsections 55A(4) and 55A(5) of Schedule 1). These amendments ensure that the ACC has broader authority and accountability mechanisms. In terms of consequences for non-compliance, the Act does not explicitly state offences or penalties for breaches of its provisions. However, the nature of the amendments suggests that failure to comply with the new obligations and requirements could result in legal challenges or actions against the ACC and its officers. For instance, if the ACC does not act within the expanded scope of its duties as defined by the Act, it could face legal scrutiny. Moreover, if the CEO is not suspended appropriately under the new conditions, it could lead to disciplinary actions or legal challenges. While the Act itself does not specify penalties, breaches could potentially lead to judicial review or other legal consequences depending on the specific circumstances and the laws under which the ACC operates.

Legal classification tags

Area of Law
Criminal Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Enforcement Powers
Regulatory Standards

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.