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Arrangement | |
ARRANGEMENT UNDER SECTION 20A OF THE AUSTRALIAN CRIME
COMMISSION ACT 2002 (CTH) IN RELATION TO THE PROVISION OF
INFORMATION, DOCUMENTS OR THINGS BY A PERSON OR CLASS OF
PERSONS UNDER SECTION 19A OR 20 OF THE ACT The Honourable Michael Keenan MP, Minister for Justice of the Commonwealth of Australia The Honourable Rene Hidding, Minister for Police and Emergency Management; Minister for Infrastructure, Tasmania |
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Contents
1.1. Definitions
3. Scope of requests or requirements for information, Documents or things
4. General provisions
4.1. Variation
4.2. Revocation
4.3. Dispute resolution
Schedule 1 Arrangement Details
A. Table of information, Documents or things that may be requested or required
Arrangement
ARRANGEMENT UNDER SECTION 20A OF THE AUSTRALIAN CRIME
COMMISSION ACT 2002 (CTH) IN RELATION TO THE PROVISION OF
INFORMATION, DOCUMENTS OR THINGS BY A PERSON OR CLASS OF
PERSONS UNDER SECTION 19A OR 20 OF THE ACT
Date
This Arrangement is dated
Parties
This Arrangement is made between the following Parties:
- The Honourable Michael Keenan MP, Minister for Justice of the Commonwealth of Australia
(the Commonwealth Minister)
2. The Honourable Rene Hidding MP, Minister for Police and Emergency Management; Minister for Infrastructure, Tasmania
(the State Minister)
Context
This Arrangement is made in the following context:
A The Australian Crime Commission (ACC) has both intelligence and investigative functions and capabilities and a range of coercive powers. These coercive powers can only be exercised where an ACC operation/investigation has been authorised by the ACC Board.
B. Cooperation between agencies of the Commonwealth and the States and Territories is vital to combating serious and organised crime. While such cooperation often takes place on a voluntary basis, there are times where this is not possible due to legislative barriers (e.g. secrecy provisions).
C. Sections 19A to 20A of the Australian Crime Commission Act 2002 (Cth) (ACC Act) are designed to assist the Commonwealth and the States and Territories to overcome these situations in a cooperative and mutually beneficial manner. Sections 19A and 20 give ACC Examiners the power to request or require information, documents or things relevant to an ACC investigation/operation held by a Commonwealth agency or a State or Territory agency.
D. The powers contained in sections 19A and 20 of the ACC Act are exercisable in relation to a State or Territory agency only in accordance with an arrangement in force under s 20A of the ACC Act between the Commonwealth Minister and the appropriate State or Territory Minister. This Arrangement is made under section 20A of the ACC Act and its purpose is to establish a framework for agencies of the State of Tasmania to provide information, documents or things to ACC Examiners under sections 19A and 20 of the ACC Act.
Operative provisions
In consideration of the mutual promises contained in this document, the Parties to this Arrangement agree as follows:
- Interpretation
- Definitions
- Unless the contrary intention appears a term in bold type has the meaning shown opposite it:
ACC Act | means the Australian Crime Commission Act 2002 (Cth) |
Document | has the same meaning as in the Evidence Act 1995 (Cth) |
Examiner | has the same meaning as in the ACC Act |
Item | means an item in Schedule 1 of this Arrangement |
Party | means a party to this Arrangement, and 'Parties' has a corresponding meaning |
State Agency | means an agency which is specified in the Table |
Table | means the table in Item A. |
2.1.1. This Arrangement commences when it has been signed by each Party and continues until it is revoked in accordance with clause 4.2.
3. Scope of requests or requirements for information, Documents or things
3.1.1. An Examiner may request, or require the provision of, the information, Documents or things specified in column B of the Table from the respective State Agency specified in column A of the Table.
4.1 Variation
4.1.1 A variation of this Arrangement is binding only if agreed in writing and signed by the Parties in accordance with section 20A(7) of the ACC Act.
4.2 Revocation
4.2.1 The Commonwealth Minister may revoke this Arrangement at any time in accordance with section 20A(5) of the ACC Act by giving written notice to the State Minister.
4.2.2 In accordance with section 20A(6) of the ACC Act, the State Minister may request in writing that the Commonwealth Minister revoke this Arrangement. The Commonwealth Minister must comply with that request in accordance with section 20A(6).
4.3 Dispute resolution
4.3.1 Any disputes arising under this Arrangement will be referred to the Commonwealth Minister and the State Minister for resolution.
Schedule 1 Arrangement Details
- Table of information, Documents or things that may be requested or required
(See clause 3.1.1)
A. Agency | B. Information, Document or thing |
- TT-Line Company Pty Ltd (ABN 39 061 996 174)
| Passenger details Including, but not limited to: - Contact details
- Travel itinerary
- Method of payment
- Travel companions
- Vehicle registration detail
Staff details Including, but not limited to: - Name
- DOB
- Place of residence
- Role performed
- Nominated next of kin/nominated contact person(s) – including particulars of contact and any previous nominations and those persons’ details
- Probity information – probity and history checks
- Commencement date and date of termination
- Information pertaining to allegations of integrity issues arising during employment – including details of any internal investigations, termination resulting from disciplinary action or resignations arising at time of/before disciplinary action or internal investigations.
Contractor details Including, but not limited to: - Name
- DOB
- Place of residence
- Employer (where the employer is not TT-Line Company Pty Ltd)
- Nominated next of kin/nominated contact person(s) – including particulars of contact and any previous nominations and those persons’ details
- Probity information – probity and history checks
- Commencement date and date of termination
- Information pertaining to allegations of integrity issues arising during employment – including details of any internal investigations, termination resulting from disciplinary action or resignations arising at time of/before disciplinary action or internal investigations.
Security incidents Including, but not limited to: - Incident reports
- Security register entries
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Signed, Sealed and Delivered.
Signatures
SIGNED by the Honourable Michael Keenan MP, the Minister for Justice of the Commonwealth of Australia: | ) ) ) | Signature |
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SIGNED by the Honourable Renee Hidding MP, Minister for Police and Emergency Management; Minister for Infrastructure, Tasmania | ) ) ) | Signature |
Overview
The Arrangement under Section 20A of the Australian Crime Commission Act 2002 (Cth), dated and signed by the Honourable Michael Keenan MP, Minister for Justice of the Commonwealth of Australia, and the Honourable Rene Hidding MP, Minister for Police and Emergency Management; Minister for Infrastructure, Tasmania, aims to establish a framework facilitating the provision of information, documents, or things by persons or classes of persons to Australian Crime Commission (ACC) Examiners. This legislative instrument addresses the legislative barriers that impede cooperation between Commonwealth and State or Territory agencies in combating serious and organised crime. By providing a structured arrangement, it enables ACC Examiners to request or require specific information from Tasmanian agencies relevant to ACC investigations, thereby enhancing the effectiveness of cross-jurisdictional cooperation. The Arrangement outlines the scope of the requests, the procedures for variation and revocation, and mechanisms for dispute resolution, ensuring a cooperative and legally sound framework for information sharing.
Scope and Application
The Arrangement under section 20A of the Australian Crime Commission Act 2002 (Cth) pertains to the provision of information, documents, or things by a person or class of persons under sections 19A or 20 of the Act. It establishes a framework for agencies of the State of Tasmania to provide information, documents, or things to Australian Crime Commission (ACC) Examiners as part of ACC investigations or operations. This Arrangement applies to State Agencies within Tasmania and specifies the types of information, documents, or things that can be requested or required, such as passenger details, staff details, contractor details, and security incidents. The scope of requests or requirements is detailed in the table provided in Schedule 1 of the Arrangement. The Arrangement is governed by the provisions of the Australian Crime Commission Act 2002 (Cth) and can be varied, revoked, or have disputes resolved as per the specified clauses. The Arrangement applies to the geographic jurisdiction of Tasmania and is applicable to the respective State Agencies listed in the Table, with the powers exercisable in accordance with the provisions of the Australian Crime Commission Act 2002 (Cth). The Arrangement does not specify any exclusions, exemptions, or thresholds, and any further details or extensions of application would be determined through subordinate instruments or agreements between the relevant parties.
Key Provisions
This Arrangement, under Section 20A of the Australian Crime Commission Act 2002 (Cth), is a formal agreement between the Commonwealth Minister for Justice and the Tasmanian Minister for Police and Emergency Management. It sets the framework for the provision of specific information, documents, or things by a person or class of persons to Australian Crime Commission (ACC) Examiners under Sections 19A or 20 of the Act (Section 1). The Arrangement commences upon signature by both parties and continues until revoked (Section 2). The scope of the requests or requirements for information, documents, or things is detailed in the Table, which specifies which information, documents, or things may be requested or required from certain State Agencies, such as the TT-Line Company Pty Ltd (Section 3.1.1).
The Arrangement imposes several obligations on the parties involved. It mandates that an Examiner may request or require the provision of the specified information, documents, or things from the respective State Agencies, as detailed in the Table (Section 3.1.1). Any variations to this Arrangement must be agreed upon in writing and signed by both parties, in accordance with Section 20A(7) of the ACC Act (Section 4.1). Additionally, the Commonwealth Minister has the authority to revoke this Arrangement at any time by providing written notice to the State Minister, as per Section 20A(5) of the ACC Act (Section 4.2.1). Conversely, the State Minister can also request the revocation of this Arrangement in writing, and the Commonwealth Minister must comply with this request, as outlined in Section 20A(6) of the ACC Act (Section 4.2.2). Any disputes arising under this Arrangement are to be referred to the Commonwealth Minister and the State Minister for resolution (Section 4.3).
Failure to comply with the provisions of this Arrangement may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not explicitly detailed in the text provided. It is advisable to refer to the full text of the Australian Crime Commission Act 2002 (Cth) for information on potential penalties and consequences associated with non-compliance.