Australian Crime Commission Amendment Act 2007

Overview

The Australian Crime Commission Amendment Act 2007, enacted by the Parliament of Australia and assented to on 28 September 2007, is an amendment to the Australian Crime Commission Act 2002. This Act aims to refine and enhance the operational capabilities of the Australian Crime Commission, specifically in relation to the timing of making records of examinations. The key amendments include changes to the timing requirements for making records before, at the same time as, or as soon as practicable after issuing a summons or notice, and provisions to validate summonses and notices that may otherwise be deemed invalid due to timing discrepancies in record-making. The Act also includes validation provisions to ensure that summonses and notices issued prior to the commencement of the Act remain valid, thereby addressing a potential legal gap that could have invalidated certain investigative processes. The primary policy objective of this Act is to provide flexibility in the timing of record-making during examinations, ensuring that the validity of summonses and notices is not compromised by administrative delays, while also future-proofing the legislation to accommodate changes brought about by other Acts such as the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007.

Scope and Application

The Australian Crime Commission Amendment Act 2007 amends the Australian Crime Commission Act 2002, impacting various sections related to the summons and notices issued by the Australian Crime Commission. This legislation applies to individuals and entities subject to summonses or notices issued by the Australian Crime Commission and is in effect throughout Australia, reflecting its Commonwealth jurisdiction. The amendments are designed to address specific procedural aspects, such as the timing of record-making relative to summonses or notices, and validate summonses or notices issued prior to the amendments that might otherwise have been considered invalid due to procedural errors. The commencement of these amendments is staggered, with certain provisions effective from the date of Royal Assent and others contingent on the commencement of related provisions in the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007. Notably, some provisions may not come into effect if specified conditions are not met. The Act does not explicitly state exclusions or exemptions but focuses on clarifying and improving the procedural framework of the Australian Crime Commission’s operations.

Key Provisions

• The Australian Crime Commission Amendment Act 2007 amends the Australian Crime Commission Act 2002, primarily through Schedule 1, which outlines two parts: general amendments and amendments contingent on other legislation. In Part 1, Section 1 to 3 and unspecified provisions commence on the day the Act receives Royal Assent, which is 28 September 2007. Schedule 1, items 1 to 12 commence the day after Royal Assent, which is 29 September 2007. Schedule 1, Part 2 provisions are contingent on the commencement of item 32 of Schedule 3 to the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007, and they do not commence if that event does not occur.
• The operative sections of this Act modify the Australian Crime Commission Act 2002 by altering references to "the examiner" to "an examiner" in various subsections (subsections 28(1), 28(3), 29(1)(a)). It also amends the timing requirements for making records in relation to summonses and notices issued under the Act. Specifically, it allows records to be made before, at the same time as, or as soon as practicable after the issue of a summons or notice (subsections 28(1A), 29(1A)). Additionally, it clarifies that non-compliance with certain record-making provisions does not affect the validity of a summons or notice (subsections 28(8), 29(5)). The amendments apply to summonses and notices issued after the Act's commencement.
• The Act imposes several obligations and requirements on parties governed by it. For instance, it mandates that records be made in specific circumstances and clarifies that non-compliance with certain record-making provisions does not affect the validity of a summons or notice. Additionally, it includes validation provisions to ensure that summonses and notices issued before the Act's amendments remain valid if they would otherwise be invalid due to timing issues with record-making (subsections 28(1A), 29(1A)).
• Regarding offences and penalties, the Act itself does not explicitly state any criminal or civil penalties for breaches. However, the Australian Crime Commission Act 2002, which this Act amends, includes provisions for penalties. For instance, it may include offences related to the misuse of information obtained through the Commission's powers, with potential penalties including fines and imprisonment. The exact penalties would depend on the specific breach and the relevant sections of the Australian Crime Commission Act 2002.

Legal classification tags

Area of Law

Criminal Law

Instrument

Amending Act

Concepts

Commencement Provisions

Repeal & Amendment

Validation of Proceedings

Regulatory Standards