Notice of an arrangement made between the Minister for Justice and the Premier of Western Australia under section 20A of the Australian Crime Commission Act 2002

Administered by Attorney-General's Department

Legislation au C2015G00260 In force Gazette

Legislation content

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 Colin Barnett MLA, Premier of the State of Western Australia

 

Contents

1. Interpretation

1.1. Definitions

2. Term

3. Scope of requests or requirements for information, Documents or things

4. Conditions attaching to provision of information, Documents or things

5. General provisions

5.1. Variation

5.2. Revocation

5.3. Dispute resolution

Schedule 1 Arrangement Details

A. Table of information, Documents or things that may be requested or required

B. Secrecy provisions

C. Conditions attaching to supplied information, Documents or things

 

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:

  1. The Honourable Michael Keenan MP, Minister for Justice of the Commonwealth of Australia

(the Commonwealth Minister)

2.                                 The Honourable Colin Barnett MLA, Premier of the State of Western Australia
(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 to 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 Western Australia 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:

  1. Interpretation
    1.                         Definitions
      1.                   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.                                 Term

2.1.1.                      This Arrangement commences when it has been signed by each Party and continues until it is revoked in accordance with clause 5.2.

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.                                 Conditions attaching to provision of information, Documents or things

4.1.1.                      The provision of any information, Document or thing by a State Agency in response to a request or requirement by an Examiner under clause 3 is subject to:

a. any secrecy provisions specified in Item B and

b. any other conditions specified in Item C.

5.                                 General provisions

5.1.                          Variation

5.1.1.                      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.

5.2.                          Revocation

5.2.1.                      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.

5.2.2.                      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).

5.3.                          Dispute resolution

5.3.1.                      Any disputes arising under this Arrangement will be referred to the Commonwealth Minister and the State Minister for resolution.

 


Schedule 1     Arrangement Details

  1. Table of information, Documents or things that may be requested or required

(See clause 3.1.1)

 

A. Agency

B. Information, Document or thing

 

  • Gold Corporation
  • Western Australian Mint and
  • GoldCorp Australia

including:

  • any subsidiary of Gold Corporation (being a body determined to be a subsidiary of Gold Corporation pursuant to section 3(3) Gold Corporation Act 1987 (WA)
  • any entity operating or trading under another name pursuant to section 4(4) Gold Corporation Act 1987 (WA) and
  • the Board, being the board of directors of Gold Corporation constituted under section 5 Gold Corporation Act 1987 (WA).

 

 

Account Holder Details:

  • Name
  • DOB
  • Place of residence
  • Business Entity name
  • Registered Identity of the Business
  • Place of Registration
  • Principle place of business
  • Responsible officer for purpose of operation of account/conduct of transactions.

 

Account details:

  • Opening and closing dates
  • Transaction history including information/documents/things relating to:

    Establishment of the account – forms completed; copies of proof of identity documents supplied; copy of signatures of person authorised to operate account; electronic means by which identity to be established/used to conduct transactions

    Operation of the account – including specified transactions or range of transactions; account statements, other documentation/information detailing transactions or status of the account;

    Closure of the account – forms completed

    instructions provided; details as to direction of residual funds/ bullion.

 

Staff details:

  • Name
  • DOB
  • Place of residence
  • 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.

 

B.                                Secrecy provisions

(See clause 4.1.1.a)

 

NIL

 

C.                                Conditions attaching to supplied information, Documents or things

(See clause 4.1.1.b)

 

NIL

 

 

 

Signed, Sealed and Delivered.

 

 

Signatures

SIGNED by the Honourable Michael Keenan MP, the Minister for Justice of the Commonwealth of Australia:

)

)

)

 

Signature

 

 

 

SIGNED by the Honourable Colin Barnett MLA, Premier of the State of Western Australia:

)

)

)

 

Signature

 

 

 

Overview

The Australian Crime Commission Act 2002 (Cth) was enacted to address the need for a coordinated response to serious and organised crime across the nation. This legislation established the Australian Crime Commission (ACC), which was tasked with both intelligence and investigative functions to combat such crimes. The Act aimed to facilitate cooperation between Commonwealth and state agencies in overcoming legislative barriers that previously hindered such cooperation. Sections 19A to 20A of the Act provide ACC Examiners with the authority to request or require information, documents, or things from agencies within the Commonwealth and the states or territories. However, the exercise of these powers in relation to state or territory agencies requires an arrangement under section 20A of the Act between the relevant Commonwealth and state or territory ministers. This legislative framework ensures that the ACC can effectively operate within the bounds of the law while collaborating with other agencies to address complex criminal activities.

Scope and Application

This Arrangement is an agreement made under Section 20A of the Australian Crime Commission Act 2002 (Cth) (ACC Act) to facilitate the provision of information, documents or things by a person or class of persons under sections 19A or 20 of the Act. It applies to agencies of the State of Western Australia and is made in the context of enhancing cooperation between the Commonwealth and the States in combating serious and organised crime. The purpose of the Arrangement is to establish a framework for agencies of Western Australia to provide information, documents or things to ACC Examiners under sections 19A and 20 of the ACC Act. It applies to the Gold Corporation, the Western Australian Mint, GoldCorp Australia, any subsidiary of the Gold Corporation, and any entity operating or trading under another name pursuant to the Gold Corporation Act 1987 (WA). The Arrangement is subject to secrecy provisions and any other conditions specified in the Schedule. The Arrangement may be varied only if agreed in writing and signed by the Parties. It may be revoked by the Commonwealth Minister at any time or upon request by the State Minister. Disputes arising under the Arrangement will be referred to the Commonwealth Minister and the State Minister for resolution.

Key Provisions

The Arrangement under Section 20A of the Australian Crime Commission Act 2002 (Cth), as outlined in the provided Gazette, establishes a cooperative framework for the Australian Crime Commission (ACC) to request or require information, documents, or things from specified agencies of the State of Western Australia. The operative sections (sections 1-5) define the scope and conditions under which these requests or requirements can be made. Section 3 specifies that ACC Examiners can request or require the information, documents, or things listed in column B of Schedule 1 from the respective State agencies specified in column A. Section 4 mandates that the provision of any information, document, or thing must adhere to any secrecy provisions and other conditions specified in Schedule 1. The general provisions, outlined in Section 5, include the ability to vary or revoke the Arrangement and mechanisms for dispute resolution. This Arrangement imposes specific obligations on the Commonwealth Minister and the State Minister. Under Section 5.1, any variation to the Arrangement must be agreed upon in writing and signed by both Parties. Section 5.2 outlines the conditions for revocation, allowing either Minister to revoke the Arrangement by giving written notice. Additionally, Section 5.3 establishes that any disputes arising under the Arrangement will be resolved by the Commonwealth Minister and the State Minister. The Arrangement does not explicitly outline offences, penalties, or consequences for breach in the provided text. However, non-compliance with the requirements to provide information, documents, or things as stipulated could potentially lead to legal or administrative consequences under the Australian Crime Commission Act 2002 (Cth) or other relevant legislation. The specifics of any penalties or consequences for breach would typically be addressed within the broader legal framework of the ACC Act and any applicable state or territory laws.

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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.