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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Crime Commission Amendment Bill 2003
No.
,
2003
(Attorney-General)
A
Bill for an Act to amend the Australian Crime Commission Act 2002, and
for related purposes
Contents
Australian Crime Commission Act
2002 3
Administrative Decisions (Judicial Review) Act
1977 6
Australian Postal Corporation Act
1989 6
A Bill for an Act to amend the Australian Crime
Commission Act 2002, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Crime Commission Amendment
Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1, items 1 to 16 |
The day on which this Act receives the Royal Assent. |
|
|
3. Schedule 1, item 17 |
Immediately after the commencement of Schedule 1 to the Australian
Crime Commission Establishment Act 2002. |
|
|
4. Schedule 2 |
The day on which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Australian Crime Commission
Act 2002
1 Section 15
Repeal the section.
2 Subsection 43(1)
Omit “opinion that the performance of the CEO has been
unsatisfactory”, substitute:
opinion:
(a) that the performance of the CEO has been unsatisfactory; or
(b) that the CEO should be suspended while allegations of misbehaviour
against the CEO are investigated.
3 Subsection 51(2)
Omit “this Act or otherwise in connection with the performance of his
or her duties under this Act”, substitute “a relevant Act or
otherwise in connection with the performance of his or her duties under a
relevant Act”.
4 Paragraph 51(3)(a)
Omit “this Act”, substitute “a relevant
Act”.
5 At the end of subsection
51(4)
Add:
relevant Act means:
(a) this Act; or
(b) a law of a State under which the ACC performs a duty or function, or
exercises a power, in accordance with section 55A.
6 Paragraph 55A(1)(b)
Omit “the Board, the Chair of the Board”, substitute “the
Inter-Governmental Committee, the Board, the Chair of the Board, a member of the
Board”.
7 Subsection 55A(4)
Omit “confer on the Board, the Chair of the Board”, substitute
“confer on the Inter-Governmental Committee, the Board, the Chair of the
Board, a member of the Board”.
Note: The heading to subsection 55A(4) is altered by
omitting “Board, Chair of the Board” and substituting
“Inter-Governmental Committee, Board, Chair of the Board, members of
the Board”.
8 Subparagraph 55A(4)(b)(i)
Omit “conferred on the Board, the Chair of the Board”,
substitute “conferred on the Inter-Governmental Committee, the Board, the
Chair of the Board, a member of the Board”.
9 Subsection 55A(5)
Omit “confer on the Board, the Chair of the Board”, substitute
“confer on the Inter-Governmental Committee, the Board, the Chair of the
Board, a member of the Board”.
10 Subparagraph 55A(5)(b)(i)
Omit “conferred on the Board, the Chair of the Board”,
substitute “conferred on the Inter-Governmental Committee, the Board, the
Chair of the Board, a member of the Board”.
11 Paragraph 55A(8)(b)
Omit “the Board, the Chair of the Board”, substitute “the
Inter-Governmental Committee, the Board, the Chair of the Board, a member of the
Board”.
12 Paragraph 55A(9)(b)
Omit “the Board, the Chair of the Board”, substitute “the
Inter-Governmental Committee, the Board, the Chair of the Board, a member of the
Board”.
13 Paragraph 55B(b)
After “the ACC”, insert “or the Inter-Governmental
Committee”.
14 Paragraph 55B(b)
After “the Chair of the Board,”, insert “a member of the
Board,”.
15 Section 55B
Omit “require the ACC or the Board, the Chair of the Board,”,
substitute “require the ACC or the Inter-Governmental Committee or the
Board, the Chair of the Board, the member of the Board,”.
16 Paragraph 55C(1)(b)
Omit “the Board, the Chair of the Board”, substitute “the
Inter-Governmental Committee, the Board, the Chair of the Board, a member of the
Board”.
17 After section 55C
Insert:
(1) Despite the repeal of section 7 by item 35 of
Schedule 1 to the Australian Crime Commission Establishment Act 2002
(the establishment Act), section 25B of the Acts
Interpretation Act 1901 has effect in relation to the amendments made by the
establishment Act as if the body known as the National Crime Authority continued
in existence with the altered name Australian Crime Commission.
(2) If:
(a) the National Crime Authority Act 1984 (as in force before the
commencement of Schedule 1 to the Australian Crime Commission
Establishment Act 2002) made provision for a thing to be done, or a matter
to be dealt with, by or in relation to the National Crime Authority;
and
(b) a provision (the corresponding provision) of the
Australian Crime Commission Act 2002 provides for such a thing to be
done, or matter to be dealt with, by or in relation to the ACC (whether or not
by the same, or a similar, person or body);
then the thing may be done, or matter dealt with, for, or in relation to,
the National Crime Authority, under the corresponding provision.
Administrative Decisions
(Judicial Review) Act 1977
1 After paragraph (e) of
Schedule 2
Insert:
(ea) decisions under the Australian Crime Commission Act 2002
being:
(i) decisions in connection with intelligence operations; or
(ii) decisions in connection with investigations of State offences that
have a federal aspect;
Australian Postal
Corporation Act 1989
2 After subsection 90J(6)
Insert:
Disclosure under Australian Crime Commission legislation
(6A) The person may disclose the information or document as required by or
under a law of a State if the Australian Crime Commission performs a duty or
function, or exercises a power, under that law in accordance with
section 55A of the Australian Crime Commission Act 2002.
3 At the end of
section 90LC
Add:
Disclosure under Australian Crime Commission legislation
(6) The person may disclose the information or document as required by or
under a law of a State if the Australian Crime Commission performs a duty or
function, or exercises a power, under that law in accordance with
section 55A of the Australian Crime Commission Act 2002.