Australian Crime Commission Amendment Act 2007

Administered by Department of Home Affairs

Legislation au C2007A00168 In force Act

Legislation content

 

 

 

 

 

 

Australian Crime Commission Amendment Act 2007

 

No. 168, 2007

 

 

 

 

 

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—Amendments

Part 1—General amendments

Australian Crime Commission Act 2002

Part 2—Amendments contingent on the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007             

Australian Crime Commission Act 2002

 

 

 

Australian Crime Commission Amendment Act 2007

No. 168, 2007

 

 

 

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

[Assented to 28 September 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Crime Commission Amendment Act 2007.

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.

28 September 2007

2.  Schedule 1, item 1

The day after this Act receives the Royal Assent.

However, if item 32 of Schedule 3 to the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007 commences at or before the time when section 1 of this Act commences, the provision(s) do not commence at all.

29 September 2007

3.  Schedule 1, items 2 to 12

The day after this Act receives the Royal Assent.

29 September 2007

4.  Schedule 1, Part 2

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of item 32 of Schedule 3 to the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

Does not commence

Note: This table relates only to the provisions of this Act as originally passed by both Houses of 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—Amendments

Part 1—General amendments

Australian Crime Commission Act 2002

1  Subsection 28(1)

Omit “the examiner”, substitute “an examiner”.

2  At the end of subsection 28(1A)

Add:

The record is to be made:

 (a) before the issue of the summons; or

 (b) at the same time as the issue of the summons; or

 (c) as soon as practicable after the issue of the summons.

3  Subsection 28(3)

Omit “the examiner intends to question the person”, substitute “the person is to be questioned”.

4  Subsection 28(3)

Omit “the examiner” (last occurring), substitute “an examiner”.

5  At the end of section 28

Add:

 (8) A failure to comply with any of the following provisions does not affect the validity of a summons under subsection (1) of this section:

 (a) subsection (1A) of this section, in so far as that subsection relates to the making of a record;

 (b) subsection (2) of this section;

 (c) section 29A, in so far as that section relates to a summons under subsection (1) of this section.

6  Paragraph 29(1)(a)

Omit “the examiner”, substitute “an examiner”.

7  At the end of subsection 29(1A)

Add:

The record is to be made:

 (a) before the issue of the notice; or

 (b) at the same time as the issue of the notice; or

 (c) as soon as practicable after the issue of the notice.

8  At the end of section 29

Add:

 (5) A failure to comply with any of the following provisions does not affect the validity of a notice under subsection (1) of this section:

 (a) subsection (1A) of this section, in so far as that subsection relates to the making of a record;

 (b) section 29A, in so far as that section relates to a notice under subsection (1) of this section.

9  Application of amendments—section 28 of the Australian Crime Commission Act 2002

The amendments of section 28 of the Australian Crime Commission Act 2002 made by this Part apply in relation to a summons issued after the commencement of this item.

10  Validation—summons under subsection 28(1) of the Australian Crime Commission Act 2002

(1) This item applies to a summons under subsection 28(1) of the Australian Crime Commission Act 2002 if:

 (a) the summons was issued before the commencement of this item; and

 (b) apart from this item, the summons would be invalid because the record referred to in subsection 28(1A) of that Act was made after the summons was issued.

(2) The summons is as valid, and is taken always to have been as valid, as it would have been if that Act had provided that the record could be made after the issue of the summons.

11  Application of amendments—section 29 of the Australian Crime Commission Act 2002

The amendments of section 29 of the Australian Crime Commission Act 2002 made by this Part apply in relation to a notice issued after the commencement of this item.

12  Validation—notice under subsection 29(1) of the Australian Crime Commission Act 2002

(1) This item applies to a notice under subsection 29(1) of the Australian Crime Commission Act 2002 if:

 (a) the notice was issued before the commencement of this item; and

 (b) apart from this item, the notice would be invalid because the record referred to in subsection 29(1A) of that Act was made after the notice was issued.

(2) The notice is as valid, and is taken always to have been as valid, as it would have been if that Act had provided that the record could be made after the issue of the notice.


Part 2—Amendments contingent on the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Act 2007

Australian Crime Commission Act 2002

13  Paragraphs 28(1)(a) and (c)

Omit “the examiner”, substitute “an examiner”.

14  Application of amendments—section 28 of the Australian Crime Commission Act 2002

The amendments of section 28 of the Australian Crime Commission Act 2002 made by this Part apply in relation to a summons issued after the commencement of this item.

 

 

[Minister’s second reading speech made in—

Senate on 18 September 2007

House of Representatives on 20 September 2007]

(183/07)

 

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

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.