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2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN CRIME COMMISSION AMENDMENT (SPECIAL OPERATIONS
AND SPECIAL INVESTIGATIONS) BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Attorney-General, the Honourable Mark Dreyfus KC MP)
AUSTRALIAN CRIME COMMISSION AMENDMENT (SPECIAL OPERATIONS
AND SPECIAL INVESTIGATIONS) BILL 2022
GENERAL OUTLINE
1. This Bill amends the Australian Crime Commission Act 2002 (the ACC Act) to provide
greater certainty with respect to the Australian Criminal Intelligence Commission (ACIC)
Board's powers to authorise special ACIC operations and special ACIC investigations.
2. The ACC Act establishes that the ACIC Board (the Board) may make determinations
authorising the ACIC to undertake special ACIC operations or special ACIC
investigations. Special ACIC operations focus on intelligence gathering in relation to
particular criminal activities, enabling informed decisions to be made about the extent of
the threat and the impact of the criminal activity on the Australian community and our
national security. Special ACIC investigations collect intelligence but also help to disrupt
identified criminal gangs through collecting evidence of criminal activity that may result
in arrests and prosecutions as well as seizures of the proceeds of crime and illicit
commodities.
3. Special ACIC operations and special ACIC investigations are critical to Australian law
enforcement and national security agencies having a picture of crime across Australia,
with a particular focus on the impact of transnational, serious and organised crime.
4. Schedule 1 to the Bill will ensure the Board can continue to make the necessary
determinations to authorise special ACIC operations and special ACIC investigations to
occur, by simplifying the determination drafting process and making the determinations
easier to understand.
FINANCIAL IMPACT
5. This Bill does not have a financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Crime Commission Amendment (Special Operations and Special
Investigations) Bill 2022
1. This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
2. The Bill amends the Australian Crime Commission Act 2002 (the ACC Act) to provide
greater certainty with respect to the Australian Criminal Intelligence Commission (ACIC)
Board's powers to authorise special ACIC operations and special ACIC investigations.
Human rights implications
3. Special ACIC operations and special ACIC investigations are powerful tools which
enable the ACIC to obtain information that would not otherwise be available, including
through the use of coercive powers in appropriate circumstances. These powers have been
vested in the ACIC to enable it to collect, assess and disseminate intelligence and policing
information about serious and organised crime to inform the national threat picture. They
are central to the ACIC's role in supporting a strategic and coordinated response to
serious and organised crime and the highest risk criminal offenders impacting Australia.
4. The Bill makes technical amendments to clarify the meaning and operation of existing
provisions in the ACC Act and to improve confidence and trust in the exercise of those
powers. The Bill does not expand the jurisdiction of, or otherwise alter the powers
available to, the ACIC in the course of undertaking a special ACIC operation or special
ACIC investigation.
5. The Bill makes clearer the process for the Board to make and frame determinations to
undertake a special ACIC operation or special ACIC investigation. It does this by
reducing the multi-layered definitions that exist in the ACC Act, simplifying the
determination drafting process and making the determinations easier to understand. The
amendments ensure that the Board can continue to make the necessary determinations to
authorise special ACIC operations and special ACIC investigations to occur.
6. The Bill does not erode any of the existing legislative safeguards that apply to the ACIC
Board's power to make a determination; including the requirement for the Board to be
satisfied that a determination to authorise a special ACIC investigation or special ACIC
operation is in the public interest, as informed by the board members' collective
experience; and the requirement for the Board to set out within the determination the
purpose of the ACIC special operation or ACIC special investigation. Similarly, the Bill
does not erode any of the oversight or scrutiny mechanisms that apply to the ACIC.
7. The Bill engages with human rights, such as the right to protection from unlawful or
arbitrary interference with a person's privacy, but only within the legislative framework
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already considered by the Parliament in legislating the Board's power to make
determinations to authorise special ACIC operations and special ACIC investigations to
occur. The Bill does not expand the Board's determination power.
8. By clarifying the process for the Board to make and frame determinations, and making
determinations easier to understand, this Bill improves trust and confidence in the
exercise by the ACIC of its powers and promotes the protection of human rights.
Conclusion
9. The Bill is compatible with human rights because it promotes the protection of human
rights.
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NOTES ON CLAUSES
Preliminary
Clause 1 - Short title
1. This clause provides that the Bill, once enacted, may be cited as the Australian Crime
Commission Amendment (Special Operations and Special Investigations) Act 2022.
Clause 2 - Commencement
2. Clause 2 of the Bill sets out the times at which provisions of the Act commence.
3. Subclause 2(1) of the Bill provides that each provision of the Act specified in column 1 of
the table commences, or is taken to have commenced, in accordance with column 2 of the
table. The table at subclause 2(1) provides that the Act, by virtue of Schedule 1,
commences on the day after the Act receives Royal Assent.
4. The note in subclause 2(1) makes it clear that the table relates only to the provisions of
the Act as originally enacted. The table will not be amended to deal with any later
amendments to the Act.
5. Subclause 2(2) of the Bill provides that any information in column 3 of the table is not
part of the Act. Information may be inserted in column 3, or information in it may be
edited, in any published version of the Act. There is currently no information in column 3
of the table.
Clause 3 - Schedules
6. Clause 3 of the Bill provides that the legislation specified in a Schedule to the 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.
7. The purpose of this clause is to clarify that Schedule 1 to the Bill sets out the amendments
to the Act, and that the particular provisions mentioned in that Schedule are amended in
accordance with the particular items in that Schedule.
Schedule 1 - Amendments
Part 1 - Amendments
Australian Crime Commission Act 2002 (ACC Act)
Item 1 Subsection 4(1) (new definition of federally relevant crime)
8. This item inserts a new term federally relevant crime in subsection 4(1) of the ACC Act;
in effect, a relevant crime that is an offence against a law of the Commonwealth or of a
Territory, or an offence against a law of a State that has a federal aspect.
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9. The term federally relevant crime establishes the jurisdictional limits of the Board's
power to authorise by determination a special ACIC operation or special ACIC
investigation to occur.
10. The effect of this amendment is to reduce the multiple layers of definitions that
collectively determine the jurisdictional limits of the Board's determination power, and
reduce unnecessary complexity in the legislative requirements for making and framing
Board determinations. This will make determinations and the scope of the proper exercise
of this power by the Board easier to understand. The amendment does not expand the
power or jurisdiction of the Board.
Item 2 Subsection 4(1) (definition of federally relevant criminal activity)
11. This item repeals the current definition of federally relevant criminal activity under
current subsection 4(1) of the ACC Act.
Item 3 Subsection 4(1) (definition of Indigenous violence or child abuse)
12. This item omits the word "committed" from the definition of Indigenous violence or child
abuse in the current subsection 4(1) of the ACC Act. This amendment is required to
reflect the new definition of relevant crime under subsection 4(1) which includes crimes
that may have been, may be being, or may in future be committed contrary to a law of the
Commonwealth, or a State or Territory. The operation of the paragraph is not altered,
other than to reflect the new definition. The definition of Indigenous violence or child
abuse under subsection 4(1) of the ACC Act provides that Indigenous violence or child
abuse is serious violence or child abuse against an Indigenous person.
Item 4 Subsection 4(1) (definition of intelligence operation)
13. This item is a consequential amendment to omit the term "federally relevant criminal
activity" from the definition of intelligence operation under current subsection 4(1) of the
ACC Act, and substitute "a federally relevant crime", consistent with other amendments
to the ACC Act repealing the definition of federally relevant criminal activity.
Item 5 Subsection 4(1) (definition of relevant crime)
14. This item repeals the definition of relevant crime in current subsection 4(1) of the
ACC Act and substitutes it with a new definition of relevant crime. This new definition
combines elements of the previous definitions of relevant crime and relevant criminal
activity (the latter to be repealed) in order to simplify and streamline the multiple levels of
definitions. The new definition does not expand the power or jurisdiction of the Board.
15. The new definition provides that a relevant crime means a serious and organised crime or
Indigenous violence or child abuse that may have been, may be being, or may in future be
committed and that is an offence against a law of the Commonwealth, of a State or of a
Territory.
16. This item expands the definition of relevant crime under subsection 4(1) of the ACC Act
to include crimes that may have been, may be being, or may in future be committed
contrary to a law of the Commonwealth, or a State or Territory. These elements were
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contained within the previous definition of relevant criminal activity which will be
repealed.
17. This item retains a note that subsection 4(2) expands the meaning of relevant crime in
certain circumstances.
Item 6 Subsection 4(1) (definition of relevant criminal activity)
18. This item repeals the current definition of relevant criminal activity in current subsection
4(1) of the ACC Act. The removal of this definition streamlines the layers of definitions
in the ACC Act that relate to the Board's power to authorise by a determination a special
ACIC operation or special ACIC investigation to occur.
Item 7 Subsection 4(1) (definition of special ACC investigation)
19. This item repeals the current definition of special ACC investigation in subsection 4(1) of
the ACC Act and substitutes a new definition. This new definition provides that a special
ACC investigation means an investigation relating to a federally relevant crime that the
Board has authorised to occur under subsection 7C(3) of the ACC Act. The new
definition ensures consistency with the definitional changes in the Bill which replace the
definition of federally relevant criminal activity with the new definition "federally
relevant crime". "Federally relevant crime" is defined under the new subsection 4(1) of
the ACC Act (as inserted by clause 1 of the Schedule). The new definition also references
subsection 7C(3), under which the Board authorises a special ACIC investigation to
occur. This reference was previously contained in the note.
20. The new definition of special ACC investigation retains the note that a special ACC
investigation can only occur while a determination made by the Board under subsection
7C(3) of the ACC Act is in force.
Item 8 Subsection 4(1) (definition of special ACC operation)
21. This item repeals the current definition of special ACC operation in subsection 4(1) of the
ACC Act and substitutes a new definition. This new definition provides that a special
ACC operation means an intelligence operation that the Board has authorised to occur
under subsection 7C(2) of the ACC Act. The new definition references subsection 7C(2),
under which the Board authorises a special ACIC operation to occur. This reference was
previously contained in the note.
22. The new definition of special ACC operation retains the note that a special ACC
operation can only occur while a determination made by the Board under subsection
7C(2) of the ACC Act is in force.
Item 9 Subparagraphs 4A(2)(d)(i) and (ii)
23. This item is a consequential amendment that omits "relevant criminal activity that relates
to" from subparagraphs 4A(2)(d)(i) and (ii) and substitutes it with "relevant crime that
is", reflecting the definitional changes made in the Bill. Subsection 4A of the ACC Act
provides the requirements that must be met for a State offence to have a federal aspect for
the purposes of the ACC Act.
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Item 10 Subparagraph 4A(2)(e)(i)
24. This item is a consequential amendment that inserts "a relevant crime that is" after
"relating to" in subparagraph 4A(2)(e)(i) of the ACC Act. Subsection 4A of the ACC Act
provides the requirements that must be met for a State offence to have a federal aspect for
the purposes of the ACC Act.
Item 11 Subparagraph 4A(2)(e)(ii)
25. This item is a consequential amendment that omits "operation is, or would be, incidental
to the operation" from subparagraph 4A(2)(e)(ii) of the ACC Act and substitutes it with
"intelligence operation is, or would be, incidental to the intelligence operation". This
ensures consistency with the use of the term "intelligence operation" throughout the ACC
Act. Subsection 4A of the ACC Act sets out the requirements that must be met for a State
offence to have a federal aspect for the purposes of the ACC Act.
Item 12 Subsection 4A(6) (definition of intelligence operation)
26. This item omits all the words after "intelligence relating to" in subsection 4A(6) of the
ACC Act and replaces them with "a relevant crime, but that may involve undertaking
investigations relating to a relevant crime", consistent with the definitional changes made
in the Bill. Subsection 4A(6) of the ACC Act sets out definitions relevant to determining
whether a State offence has a federal aspect.
Item 13 Paragraphs 7A(b) and (c)
27. This item omits "when authorised by a determination made by the Board" from
paragraphs 7A(b) and (c) of the ACC Act.
28. Section 7A of the ACC Act sets out the functions of the ACC. Subsections (b) and (c) of
section 7A now provide that it is a function of the ACC to undertake special ACC
operations and special ACC investigations, without referencing that special ACC
operations and special ACC investigations are authorised by a determination of the
Board. This amendment does not change the process by which the Board authorises a
special ACIC operation or special ACIC investigation, nor does it allow the ACIC to
undertake a special ACIC operation or special ACIC investigation that has not been
authorised by the Board. The definitions of a special ACIC operation and a special ACIC
investigation make it clear they must be authorised by the Board under subsections 7C(2)
and (3) of the Act, therefore the reference to these subsections is not necessary in
subsections (b) and (c) of section 7A.
Item 14 Paragraphs 7C(1)(c) and (d)
29. This item repeals current paragraphs (c) and (d) of subsection 7C(1) of the ACC Act and
inserts new paragraphs (c) and (d).
30. Section 7C of the ACC Act sets out the functions of the Board. New paragraph (c) of
subsection 7C(1) provides that it is a function of the Board to authorise, by determination
made under subsection 7C(2), an intelligence operation to occur. New paragraph (d) of
subsection 7C(1) provides that it is a function of the Board to authorise, by determination
8
made under subsection 7C(3), an investigation relating to a federally relevant crime to
occur.
31. The new paragraphs (c) and (d) now contain a reference to subsections 7C(2) and 7C(3),
under which the Board makes a determination, in writing, authorising a special ACIC
operation or special ACIC investigation to occur.
Item 15 Subsection 7C(1) (note)
32. This item is a consequential amendment to omit the words "an intelligence operation or
an investigation relating to federally relevant criminal activity" from the note in
subsection 7C(1) of the ACC Act and substitute the words "a special ACC operation or a
special ACC investigation". The amended note provides that the ACC Chief Executive
Officer (CEO) must determine, in writing, the head of a special ACC operation or a
special ACC investigation. This ensures consistency with other amendments to the ACC
Act given the repeal of the definition of federally relevant criminal activity. The basis for
the note is found in section 46A of the ACC Act.
Item 16 Subsection 7C(2)
33. This item is a consequential amendment to omit "a special ACC operation" from
subsection 7C(2) of the ACC Act and substitute "an intelligence operation". Subsection
7C(2) of the ACC Act provides that the Board may make a determination, in writing,
authorising an intelligence operation to occur.
Item 17 After subsection 7C(2) (before note 1)
34. Note 1A after subsection 7C(2) of the ACC Act makes it clear that an intelligence
operation that the Board has authorised to occur under subsection 7C(2) of the ACC Act
is a special ACC operation (as defined in subsection 4(1) of the ACC Act).
Item 18 Subsection 7C(3)
35. This item is a consequential amendment to omit "a special ACC investigation" from
subsection 7C(3) of the ACC Act and substitute "an investigation relating to a federally
relevant crime". Subsection 7C(3) of the ACC Act provides the Board may make a
determination, in writing, authorising an investigation relating to a federally relevant
crime to occur.
Item 19 After subsection 7C(3) (before note 1)
36. Note 1A after subsection 7C(3) of the ACC Act makes it clear that an investigation
relating to a federally relevant crime that the Board has authorised to occur under
subsection 7C(3) of the ACC Act is a special ACC investigation (as defined in subsection
4(1) of the ACC Act).
Item 20 Subsection 7C(4)
37. This item is a consequential amendment to omit "criminal activity" from subsection
7C(4) of the ACC Act and substitute "crime", reflecting the definitional changes in the
Bill and the substitution of the definition "federally relevant criminal activity" with
9
"federally relevant crime". Subsection 7C(4) of the ACC Act provides that a
determination made under subsections (2) or (3) of section 7C of the ACC Act may
identify the federally relevant crime to which the determination relates at whatever level
of generality the Board considers appropriate. This may include (without limitation)
reference to categories of federally relevant crimes or suspected offenders, specific
allegations of crime or specific offenders, or any combination of such references.
Item 21 Paragraph 7C(4)(a)
38. This item is a consequential amendment to omit "relevant criminal activities" from
paragraph 7C(4)(a) of the ACC Act and substitute "federally relevant crimes", reflecting
the definitional changes in the Bill and the substitution of the definition "federally
relevant criminal activity" with "federally relevant crime".
Item 22 Paragraph 7C(4)(c)
39. This item is a consequential amendment to omit the word "crime" from paragraph
7C(4)(c) of the ACC Act and substitute "federally relevant crimes".
Item 23 Subsection 7C(4A)
40. This item is a consequential amendment to omit "the special ACC operation or special
ACC investigation" from subsection 7C(4A) of the ACC Act and substitute "an
intelligence operation, or an investigation relating to a federally relevant crime",
reflecting the amendments made by the Bill to subsections 7C(2) and 7C(3). Subsection
7C(4A) of the ACC Act sets out the only condition for the exercise of the power under
new subsection (2) or (3) of section 7C, which is that the Board considers, on the basis of
the collective experience of the Board members voting at the meeting when a
determination is made, that it is in the public interest that the Board authorise the
intelligence operation or investigation relating to federally relevant crimes to occur. The
amendment to this subsection does not alter the condition for the Board to exercise
powers under subsections 7C(2) or 7C(3).
Item 24 Paragraphs 7C(4B)(a) and (b)
41. This item is a consequential amendment that omits "criminal activity" from paragraphs
7C(4B)(a) and (b) of the ACC Act and substitutes "crimes". Subsection 7C(4B) of the
ACC Act clarifies when a determination under subsection (2) or (3) of section 7C can be
made and when it has effect.
Item 25 Paragraph 7C(4B)(c)
42. This item is a consequential amendment that omits "some part of the federally relevant
criminal activity" from paragraph 7C(4B)(c) of the ACC Act and substitutes "any or all of
the federally relevant crimes". This amendment reflects the definitional changes in the
Bill and the substitution of the definition of "federally relevant criminal activity" with
"federally relevant crime". It also makes it clear the role of the ACC is to work closely
with law enforcement agencies and confirms that a determination made under subsections
7C(2) or 7C(3) has effect regardless of whether a request for assistance came from
another law enforcement agency.
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Item 26 Subsection 7C(4C)
43. This item repeals subsection 7C(4C) of the ACC Act and substitutes two new subsections
(4C) and (4CA). The effect is to restructure the repealed subsection 7C(4C) into two
subsections.
44. New subsection 7C(4C) of the ACC Act provides that a determination under subsection
7C(2) or (3) of the ACC Act must, to the extent that the Board reasonably considers
appropriate having regard to the level of generality at which it is authorising an
intelligence operation, or an investigation relating to a federal relevant crime, to occur, set
out the purpose of the operation or investigation. The new subsection 7C(4C) moves the
requirement for the Board to set out the purpose of the operation or investigation into a
separate subsection dealing only with this issue. This requirement was previously
contained in the repealed subsection 7C(4C)(b) of the ACC Act. This amendment does
not change the obligation of the Board to set out the purpose of the operation or
investigation in the relevant determination under subsection 7C(2) or 7C(3).
45. New subsection 7C(4CA) of the ACC Act provides that, to avoid doubt, a determination
under subsection 7C(2) or 7C(3) of the ACC Act authorising an intelligence operation, or
an investigation relating to a federally relevant crime, to occur is not required to specify:
• any particular offence or offences; or
• any particular conduct, transaction or person to which the investigation or
operation relates; or
• any timeframe within which any federally relevant crime may have been, may be
being, or may in future be, committed, or within which the investigation or
operation must commence or be completed.
46. This new subsection retains the requirements in the old subsection 7C(4C)(c) - (e) but
makes restructures and reflects the definitional changes made by the Bill.
Item 27 Subsections 21(1) and (2)
47. This item is a consequential amendment that omits "criminal activities" from subsections
21(1) and (2) of the ACC Act and substitutes "crimes". This amendment is required to
reflect the definition of relevant criminal activity being repealed and the new definition of
relevant crime.
48. Section 21 of the ACC Act sets out the arrangements for the Board to obtain information
or intelligence from a State, an authority of a State, or a body or person that is not a State.
The amendment does not alter the scope of these arrangements or confer new powers on
the Board.
Item 28 Paragraph 55A(2)(a)
49. This item is a consequential amendment that repeals paragraph 55A(2)(a) of the ACC Act
and substitutes a new paragraph which reflects the definition of relevant criminal activity
being repealed and the new definition of relevant crime.
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50. Subsection 55A(2) of the ACC Act provides that a law of a State may confer duties,
functions or powers on the ACC including for the purposes of an investigation into
relevant crime or undertaking of an intelligence operation. The new subsection does not
alter the way the paragraph operates or the manner in which State duties, functions or
powers are conferred.
Item 29 Paragraph 55A(3)(a)
51. This item is a consequential amendment that omits "criminal activity" from paragraph
55A(3)(a) of the ACC Act and substitutes "crime". This amendment is required to reflect
the definition of relevant criminal activity being repealed and the new definition of
relevant crime.
52. Subsection 55A(3) of the ACC Act provides that the ACC cannot investigate relevant
crime, undertake an intelligence operation or perform a duty or function, or exercise a
power relating to national policing information, under a law of a State without the consent
of the Board. The amendment does not alter the need for the Board to provide its consent
for the ACIC to undertake an intelligence operation, perform a duty or function, or
exercise a power etc. under the law of a State, set out in paragraphs (a) - (c) of subsection
(3) of section 55A.
Item 30 Paragraph 55A(4)(a)
53. This item is a consequential amendment that repeals paragraph 55A(4)(a) of the ACC Act
and substitutes a new paragraph which reflects the definition of relevant criminal activity
being repealed and the new definition of relevant crime. The operation of the paragraph is
not altered, other than to reflect the new definitions.
54. Paragraph 55A(4)(a) of the ACC Act provides that a law of a State may confer on the
Inter-Governmental Committee for the Australian Crime Commission (IGC-ACC), the
Board, the Chair of the Board, a member of the Board, the ACC CEO, an examiner or a
member of the staff of the ACC, functions, powers or duties that relate to an investigation
relating to a relevant crime in so far as the relevant crime is an offence against a law of
the State (irrespective of whether the offence has a federal aspect).
Item 31 Paragraph 55A(5A)(a)
55. This item is a consequential amendment that omits "criminal activity" from paragraph
55A(5A)(a) of the ACC Act and substitutes it with "crime". This amendment is required
to reflect the definition of relevant criminal activity being repealed and the new definition
of relevant crime.
56. Subsection 55A(5A) of the ACC Act provides that the ACC CEO or an examiner cannot
perform duties or functions, or exercise powers under a law of a State in relation to
investigations into relevant crime, intelligence operations or national policing information
without the consent of the Board. The amendment does not alter the need for the Board to
provide its consent for the CEO or an examiner to perform a duty or function, or exercise
a power under a law of a State relating to the matters listed in paragraphs (a) - (c) of
subsection (5A) of section 55A.
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Item 32 Paragraph 55A(5B)(a)
57. This item is a consequential amendment that repeals paragraph 55A(5B)(a) of the
ACC Act and substitutes a new paragraph which reflects the definition of relevant
criminal activity being repealed and the new definition of relevant crime. The operation
of the paragraph is not altered, other than to reflect the new definitions. Paragraph
55A(5B) of the ACC Act provides that a law of a State may confer on a Judge of the
Federal Court or a Judge of the Federal Circuit Court, functions, powers or duties that
relate to an investigation relating to a relevant crime in so far as the relevant crime is an
offence against a law of the State (irrespective of whether that offence has a federal
aspect).
Item 33 Subsection 55A(9)
58. This item is a consequential amendment that omits "criminal activities" from subsection
55A(9) of the ACC Act and substitutes "crimes". This amendment is required to reflect
the definition of relevant criminal activity being repealed and the new definition of
relevant crime. The operation of the paragraph is not altered, other than to reflect the new
definitions inserted by the Bill.
59. Subsection 55A(9) of the ACC Act provides that, subject to subsection 55A(8), the
ACC Act is not intended to prevent the ACC, the IGC-ACC, the Board, the Chair of the
Board, a member of the Board, the ACC CEO, an examiner, a member of the staff of the
ACC, a Judge of the Federal Court or a Judge of the Federal Circuit Court from having
concurrent duties, functions or powers under a law of a State in relation to the
investigation of federally relevant crimes, the undertaking of intelligence operations or
national policing information.
Item 34 Subsection 55A(14) (definition of intelligence operation)
60. This item is a consequential amendment that omits "criminal activity" from subsection
55A(14) of the ACC Act and substitutes "crime". This amendment is required to reflect
the definition of relevant criminal activity being repealed and the new definition of
relevant crime. The scope of an intelligence operation' as defined in s55A of the
ACC Act is not increased by this amendment.
Item 35 Paragraph 55B(1)(a)
61. This is a consequential amendment that omits "federally relevant criminal activity" from
paragraph 55B(1)(a) of the ACC Act and substitutes "a federally relevant crime". This
amendment is required to reflect the definition of federally relevant criminal activity
being repealed and the new definition of federally relevant crime. Section 55B of the
ACC Act provides a choice between exercising Commonwealth powers or powers
conferred by a law of a State. The amendment does not alter the way this section operates.
Item 36 Paragraph 55C(1)(c)
62. This item is a consequential amendment that omits "criminal activity that is not a
federally relevant criminal activity" from paragraph 55C(1)(c) of the ACC Act and
substitutes "crime that is not a federally relevant crime". This amendment is required to
reflect the definition of relevant criminal activity being repealed and the new definition of
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federally relevant crime. The amendment does not alter the operation of paragraph
55C(1)(c).
Item 37 Subsection 55C(2)
63. This item is a consequential amendment that omits "to a relevant criminal activity" from
subsection 55C(2) of the ACC Act and substitutes "to a relevant crime". This amendment
is required to reflect the definition of relevant criminal activity being repealed and the
new definition of relevant crime.
Item 38 Paragraph 55C(2)(a)
64. This item is a consequential amendment that repeals current paragraph 55C(2)(a) of the
ACC Act and substitutes a new paragraph which reflects the definitions of relevant
criminal activity and federally relevant criminal activity being repealed and the new
definition of relevant crime. The operation of the paragraph is not altered, other than to
reflect the new definitions in the Bill.
Parliamentary Joint Committee on Law Enforcement Act 2010
Item 39 Section 3
65. This item introduces a new definition of relevant crime to current section 3 of the
Parliamentary Joint Committee on Law Enforcement Act 2010 (the PJCLE Act) and
provides that it has the same meaning as the definition in the ACC Act. This replaces the
definition of "federally relevant criminal activity" currently under section 3 of the PJCLE
Act. Section 3 of the PJCLE Act provides for the definition of terms in that Act. These
amendments are required to reflect the changes to the definitions made by this Bill and
ensure consistency and the continued operation of the PJCLE Act in respect of the ACC.
Item 40 Section 3 (definition of federally relevant criminal activity)
66. This item is a consequential amendment that repeals the definition of federally relevant
criminal activity in the current section 3 of the PJCLE Act to ensure consistency with
terminology in the ACC Act.
Item 41 Paragraph 7(2)(a)
67. This item is a consequential amendment that omits "criminal activity" from the current
paragraph 7(2)(a) of the PJCLE Act, and substitutes it with "crime" to ensure consistency
with terminology in the ACC Act.
68. Section 7 of the PJCLE Act provides for the functions of the Parliamentary Joint
Committee on Law Enforcement.
Telecommunications (Interception and Access) Act 1979
Item 42 Subsection 5(1)
69. This item repeals the definitions of federally relevant criminal activity and special
investigation from the current subsection 5(1) of the Telecommunications (Interception
and Access) Act 1979 (the TIA Act) to ensure consistency with terminology in the
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ACC Act. Section 5 of the TIA Act provides for the interpretation of that Act.
Item 43 Paragraph 5D(1)(f)
70. This item is a consequential amendment to omit the term "an ACC special investigation"
from the current paragraph 5D(1)(f) of the TIA Act and substitute it with "a special ACC
investigation", to ensure consistency with terminology in the ACC Act.
Part 2 - Application and saving provisions
Item 44 Definitions
71. This item provides for the definition of terms in this Part. These definitions are relevant
only to Part 2 (Application and savings provisions) and do not apply more broadly to the
interpretation of the ACC Act or other acts amended as part of this Bill.
Item 45 Application - subsections 7C(2) to (4CA) of the ACC Act
72. This item provides that subsections 7C(2) to (4CA) of the ACC Act, as amended or
inserted by the amending Part, apply in relation to a determination made after the
commencement of this Bill.
Item 46 Saving - existing determinations
73. This item provides that a determination made under subsection 7C(2) or (3) of the
ACC Act before the commencement of this Bill, and that is still in force immediately
before commencement, will remain in force, as if:
• the determination was made under subsection 7C(2) or (3) (as the case may be), as
amended by the amending Part,
• any reference in the determination to federally relevant criminal activity is taken
to be a reference to federally relevant crime within the meaning of the ACC Act,
as amended by the amending part, and
• any reference in the determination to relevant crime, or relevant criminal activity,
is taken to be a reference to relevant crime within the meaning of the ACC Act, as
amended by the amending Part.
Item 47 Saving - existing arrangements
74. This item provides that an arrangement made under subsection 21(1) or (2) of the
ACC Act before the commencement of this Bill, and that is still in effect immediately
before commencement, will remain in effect, as if it had been made under that subsection
as amended by the amending Part.
Item 48 Saving - warrants
75. This item provides that a warrant issued under section 46, 46A or 48 of the TIA Act
before the commencement of this Bill, and that is still in force immediately before
commencement, will remain in force, as if any reference in the warrant to an ACC special
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investigation were a reference to a special ACC investigation (within the meaning of the
ACC Act, as amended by the amending Part).
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