Australian Crime Commission Amendment Regulations 2003 (No. 1) 2003 No. 164
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 164
Issued by the Authority of the Minister for Justice and Customs
Subject: Australian Crime Commission Act 2002
Australian Crime Commission Amendment Regulations 2003 (No. 1)
Section 62 of the Australian Crime Commission Act 2002 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Australian Crime Commission Regulations 2002 (the Principal Regulations) set out the various matters necessary for carrying out or giving effect to the Act.
Provision of information to the Royal Commission into whether there has been Corrupt or Criminal conduct by any Western Australian police officer
Section 7 of the Act establishes the Australian Crime Commission (the ACC). Pursuant to section 7A of the Act, the functions of the ACC include the collection, correlation, analysis and dissemination of criminal information and intelligence.
The Royal Commission into whether there has been Corrupt or Criminal conduct by any Western Australian police officer (the Royal Commission) has indicated to the ACC that information in the ACC's possession would be of assistance to investigations currently being undertaken by the Royal Commission. The Royal Commission is required to report by 31 August 2003.
There is no provision in the Act which specifically authorises the ACC to give information to bodies such as Royal Commissions. However, subsection 59(7) of the Act authorises the Chief Executive Officer of the ACC to furnish information in the ACC's possession to an agency or body of the Commonwealth, a State or a Territory prescribed by regulation. The Regulations prescribe the Royal Commission as a body to which the ACC may provide information under the Act.
Such a regulation is consistent with provisions in other Commonwealth legislation, such as the Telecommunications (Interception) Act 1979, which authorise the ACC to furnish the Royal Commission with relevant telephone interception information obtained under that legislation.
Remuneration for examiners
Subsection 46B(1) of the Act provides for 'examiners' to be appointed by the Governor-General. Subsection 46C(1) of the Act provides for remuneration for examiners to be determined by the Remuneration Tribunal. Subsection 46C(1) of the Act further provides that if no determination of that remuneration is determined by the Tribunal, the remuneration to be paid to examiners is to be prescribed by regulation.
Subsection 46C(2) of the Act provides that examiners are to be paid the allowances that are prescribed by the Regulations.
Prior to December 2002, the remuneration payable to examiners consisted of a salary component and an annual displacement allowance of $30,000. The salary component was determined in Remuneration Tribunal Determination 2002/09: Remuneration and Allowances for Holders of Full-Time Public Office, while the allowance component was prescribed by regulation 11 of the Principal Regulations.
The Remuneration Tribunal's Determination 2002/23: Remuneration and Allowances for Holders of Full-Time Public Office (the Determination), which came into effect on 19 December 2002, changed this arrangement. The Determination specifies the total value of salary and other allowances payable to office holders, and indicates that the remuneration provided for by the Determination is not to be supplemented by an employer.
The current remuneration for examiners appointed under the Act is specified in clauses 2.1 and 2.2.6 of the Determination, as amended by Determination 2003/02: Remuneration and Allowances for Holders of Public Offices. The remuneration provided for by the Determination is intended to be inclusive of allowances such as the regulation 11 displacement allowance.
The Regulations repeal regulation 11 of the Principal Regulations so as to avoid confusion about examiners' remuneration entitlements.
The Act specified no conditions that need to be met before the power to make the proposed Regulations may be exercised.
The Regulations commence on gazettal.
Overview
The Australian Crime Commission Amendment Regulations 2003 (No. 1) were introduced to amend the Australian Crime Commission Regulations 2002, and were enacted under the authority of the Australian Crime Commission Act 2002. The primary purpose of these regulations is to address specific gaps and issues identified in the original Act, particularly concerning the provision of information to the Royal Commission into Corrupt or Criminal Conduct by Western Australian police officers and the remuneration for examiners appointed under the Act. The enacting body is the Parliament of Australia, and the policy objective is to ensure the Australian Crime Commission can effectively support relevant investigations and comply with remuneration changes determined by the Remuneration Tribunal. The regulations allow the Australian Crime Commission to provide necessary information to the Royal Commission and adjust the remuneration for examiners in accordance with the latest Remuneration Tribunal determinations.
Scope and Application
The Australian Crime Commission Amendment Regulations 2003 (No. 1) provide for the Australian Crime Commission (ACC) to furnish information to the Royal Commission into whether there has been corrupt or criminal conduct by any Western Australian police officer. This is achieved by prescribing the Royal Commission as a body to which the ACC may provide information, under subsection 59(7) of the Australian Crime Commission Act 2002, despite there being no explicit provision in the Act for such disclosure. The Regulations also address the remuneration of examiners appointed under the Act by aligning it with the Remuneration Tribunal's Determination 2002/23 and subsequent amendments, thus repealing the previous displacement allowance prescribed by regulation. These Regulations apply to the ACC and examiners appointed under the Act and are consistent with the jurisdictional reach of the Commonwealth. The Regulations are made under section 62 of the Act and commence upon gazettal, without any specified conditions or exclusions.
Key Provisions
The Australian Crime Commission Amendment Regulations 2003 (No. 1) make several amendments to the Australian Crime Commission Regulations 2002. One of the key provisions of these Regulations is to allow the Australian Crime Commission (ACC) to provide information to the Royal Commission into whether there has been Corrupt or Criminal conduct by any Western Australian police officer (section 1). This is significant as there was no explicit provision in the Australian Crime Commission Act 2002 (the Act) that authorised the ACC to provide such information to bodies like Royal Commissions. However, subsection 59(7) of the Act does allow the Chief Executive Officer of the ACC to furnish information to an agency or body prescribed by regulation, and these Regulations prescribe the Royal Commission as such a body (section 1). This amendment aligns with provisions in other Commonwealth legislation, such as the Telecommunications (Interception) Act 1979, which also allow the ACC to furnish relevant information to the Royal Commission.
In addition to this, the Regulations also address the remuneration for examiners appointed under the Act. Subsection 46B(1) of the Act provides for 'examiners' to be appointed by the Governor-General, while subsection 46C(1) provides for their remuneration to be determined by the Remuneration Tribunal. If no such determination is made, the remuneration is to be prescribed by regulation (subsection 46C(1)). These Regulations specify the current remuneration for examiners, aligning with the Remuneration Tribunal's Determination 2002/23, which came into effect on 19 December 2002 (section 2). This Determination specifies the total value of salary and other allowances payable to office holders, including examiners, and indicates that this remuneration is not to be supplemented by an employer. The Regulations repeal regulation 11 of the Principal Regulations to avoid confusion about examiners' remuneration entitlements.
The obligations imposed by these Regulations are primarily administrative and procedural. The ACC is required to provide information to the Royal Commission as prescribed, which may involve reviewing existing data, ensuring data privacy and security, and coordinating with the Royal Commission to facilitate the exchange of information. For examiners, their remuneration is now clearly defined by these Regulations, ensuring they are compensated appropriately for their roles under the Act.
There are no explicit offences or penalties outlined in these Regulations for non-compliance. However, failure to provide information to the Royal Commission as required could potentially have legal consequences under the Australian Crime Commission Act 2002 or other related legislation. Similarly, if examiners are not remunerated as specified by these Regulations, it could lead to disputes or legal actions regarding their entitlements. The overarching legal framework and any related legislation would apply in such cases, including potential civil or administrative penalties for non-compliance.