EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 307
Issued by the authority of the Minister for Justice and Customs
Subject: Australian Crime Commission Act 2002
Australian Crime Commission Amendment Regulations 2006 (No. 4)
The Commonwealth Government established the Australian Crime Commission (the ACC) as a cooperative agency to strengthen the fight against nationally significant crime.
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 required or permitted by the Act to be prescribed, or matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 7A of the Act provides that the functions of the ACC include:
(a) collecting, correlating, analysing and disseminating criminal information and intelligence;
(b) conducting intelligence operations; and
(c) conducting investigations into matters relating to federally relevant criminal activity.
The Regulations amend the definition of ‘serious and organised crime’ in subsection 4(1) of the Act to include offences relating to child pornography and child abuse. Paragraph (d) of the definition provides that regulations may prescribe offences in addition to those listed in the definition. These amendments allow the ACC to conduct an intelligence operation or investigation into networks of people using a carriage service to exchange child pornography or child abuse material, or to procure or groom persons under 16 years of age. These types of offences may be committed by organised groups and are often connected with serious State or Territory child sex offences. Therefore, it is necessary to allow the ACC to collect criminal information and/or intelligence and conduct investigations and/or operations concerning these offences.
The Regulations also insert a new item 119A into Schedule 6 to the Principal Regulations to include the Department of Families, Community Services and Indigenous Affairs (FaCSIA) as a body or agency to which the ACC may disseminate information under paragraph 59(7)(c) of the Act.
Schedule 6 lists the bodies and agencies that perform an ancillary or incidental law enforcement role. The Regulations enable the ACC to disseminate relevant criminal intelligence and information to FaCSIA that has been collected by the ACC as a result of Board approved intelligence operations or investigations such as the National Indigenous Violence and Child Abuse Intelligence Task Force established by the ACC Board on 13 July 2006.
The Act specifies no conditions that need to be satisfied before the power to make the amendment Regulations may be exercised.
The Regulations will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations will commence on the day after registration.
Consultations regarding these legislative instruments were held with the ACC and FaSCIA. This level of consultation is sufficient given the urgent nature of the amendments arising out of current ACC activities.
The Minute recommends that Regulations be made in the form proposed.
Authority: Section 62 of the
Australian Crime Commission Act 2002
Overview
The Australian Crime Commission Amendment Regulations 2006 (No. 4) were enacted to address a gap in the existing framework for combating serious and organised crime, particularly offences related to child pornography and child abuse. These regulations were issued under the authority of the Australian Crime Commission Act 2002, established by the Commonwealth Parliament to strengthen the national fight against significant crime. The key policy objective of these amendments is to empower the Australian Crime Commission (ACC) to conduct intelligence operations and investigations into networks involved in the exchange of child pornography or child abuse material, and those procuring or grooming individuals under 16 years of age. Additionally, the amendments enable the ACC to disseminate relevant intelligence and information to the Department of Families, Community Services and Indigenous Affairs, which plays a role in law enforcement. This allows for a more coordinated and effective response to these types of serious crimes.
Scope and Application
The Australian Crime Commission Act 2002, as amended by the Australian Crime Commission Amendment Regulations 2006 (No. 4), applies to the Australian Crime Commission (ACC), which is a cooperative agency established by the Commonwealth Government to combat nationally significant crime. The Act authorises the ACC to collect, correlate, analyse, and disseminate criminal information and intelligence, conduct intelligence operations, and carry out investigations into federally relevant criminal activity. This includes the expanded scope of 'serious and organised crime' to now encompass offences relating to child pornography, child abuse, and the procurement or grooming of individuals under 16 years of age via carriage services. The geographic reach of the Act is national, as it pertains to crimes that transcend state and territory boundaries. The Act applies to entities involved in or suspected of involvement in these criminal activities, as well as any individuals who facilitate or participate in such offences. The amendments through the Regulations enable the ACC to operate more effectively in preventing and investigating these serious crimes. Additionally, the Regulations allow the ACC to disseminate relevant intelligence to the Department of Families, Community Services and Indigenous Affairs, aiding in coordinated efforts against these crimes. The Regulations do not specify any exclusions or thresholds for their application. Subordinate instruments may further extend or refine the application of the Act and Regulations, aligning with the ongoing needs of the ACC in its crime-fighting activities.
Key Provisions
The Australian Crime Commission Amendment Regulations 2006 (No. 4) introduce significant changes to the Australian Crime Commission Act 2002, primarily targeting the fight against serious and organised crime, particularly offences relating to child pornography and child abuse. Section 4(1) of the Act, as amended by these Regulations, now includes these offences in the definition of 'serious and organised crime', enabling the Australian Crime Commission (ACC) to conduct intelligence operations and investigations into networks involved in such activities (Section 7A(a), (b), (c)). This amendment ensures that the ACC can focus its resources on serious criminal activities that have national significance and are often linked to other serious offences.
The Regulations impose specific obligations on the ACC to collect, correlate, analyse, and disseminate criminal information and intelligence related to these newly included offences. The ACC is also required to conduct investigations into federally relevant criminal activities, ensuring a coordinated and comprehensive approach to tackling organised crime. Furthermore, the Regulations facilitate the dissemination of relevant criminal information to the Department of Families, Community Services and Indigenous Affairs (FaCSIA), as specified in Schedule 6 of the Principal Regulations (Item 119A), allowing for a more collaborative effort in addressing these serious crimes.
Failure to comply with the provisions of the Australian Crime Commission Act 2002 or the Regulations may result in legal consequences. While the specific penalties for breach are not detailed in the Explanatory Statement, breaches of such legislative instruments typically attract fines and/or imprisonment under Australian law. The severity of the penalties would depend on the nature and extent of the breach, but they serve as a deterrent to non-compliance. Additionally, the ACC may face civil or criminal proceedings for any actions that contravene the Act or the Regulations, further underscoring the importance of adherence to these legal requirements.