EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 114
Issued by the authority of the Minister for Justice and Customs
Australian Crime Commission Act 2002
Australian Crime Commission Amendment Regulations 2006 (No. 2)
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 Commonwealth Government established the Australian Crime Commission (ACC) as a cooperative agency to strengthen the fight against nationally significant crime. Certain ‘ACC bodies’ (namely, the Inter-Governmental Committee, the Board, the Chair of the Board, a member of the Board, the Chief Executive Officer, an examiner, a member of staff of the ACC, and Federal Court Judges and Magistrates) have duties, functions and powers conferred on them by the Act and can also have duties, functions and powers conferred on them by corresponding State laws.
The conferral of duties, functions and powers by State laws provides for the ACC to conduct an intelligence operation or an investigation in relation to a State offence that does not have a federal aspect. However, for Constitutional reasons, the Commonwealth must consent to the conferral of functions, duties and powers on a Commonwealth body by a State.
Section 55A of the Act provides for the Commonwealth to consent to the conferral of functions, duties and powers by a State on certain ACC bodies through regulations. The Australian Crime Commission Regulations 2002 set out the functions, duties and powers conferred by Victorian and New South Wales legislation that the Commonwealth has consented to.
The Regulations extend the Commonwealth’s consent to the conferral of the following functions, duties and powers under the Tasmanian Witness Protection Act 2000:
- the making of entries in the register of births and the register of marriages;
- the provision of evidence to the court;
- the disclosure of the identity of a witness or a member of the family of a witness;
- the authorisation of the disclosure or communication of information;
- the acceptance of evidence and the giving of a certificate to the Registrar of Tasmania; and
- the making of arrangements with the Tasmanian Commissioner of Police.
These functions, duties and powers are consistent with the functions, duties and powers conferred on ACC bodies under the New South Wales and Victorian legislation that the Commonwealth has consented to. Providing the Commonwealth’s consent to these functions, duties and powers allows the ACC to utilise the Tasmanian Witness Protection Act 2000 to make arrangements for the protection of a witness to a State crime with a federal aspect that the ACC is investigating.
The Regulations commenced on the day after registration.
Consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct, or indirect effect on business.