Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 12

Performance of operations/investigations functions

  (1)   Where the ACC, in carrying out a special ACC operation/investigation, obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the CEO must assemble the evidence and give it to:

  (a)   the Attorney - General of the Commonwealth or the State, as the case requires; or

  (b)   the relevant law enforcement agency; or

  (c)   any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.

Note:   The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see sections   59AA and 59AB.

  (1AA)   Subsection   (1) has effect subject to:

  (a)   any relevant direction given under subsection   25A(9) (about confidentiality for examinations); and

  (b)   the CEO complying with sections   25B to 25G to the extent that the evidence is examination material or derivative material.

  (1A)   Where the ACC, in carrying out a special ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:

  (a)   the Attorney - General of the Commonwealth or the State, as the case requires; or

  (b)   a relevant law enforcement agency; or

  (c)   any person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.

  (2)   Subsection   (1A) has effect subject to:

  (a)   any relevant direction given under subsection   25A(9) (about confidentiality for examinations); and

  (b)   the CEO complying with sections   25B and 25H to the extent that the evidence is examination material or derivative material.



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