Queensland Consolidated Acts

CRIME AND MISCONDUCT ACT 2001 - SECT 27

(1) The reference committee may refer—

(a) a particular incident of major crime to the commission for investigation; or

(b) major crime to the commission for investigation.

Examples of major crime that may be referred under paragraph (b)—

terrorism

criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children

organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering

criminal activity involving drug trafficking and violence engaged in by members of (generally identified) motorcycle gangs and their associates

(2) A reference under subsection (1)(a) is called a specific referral.

(3) A specific referral must identify—

(a) the particular incident of major crime to be investigated by the commission; and

(b) at least 1 of the following—

(i) the persons involved, or suspected of being involved, in the particular incident of major crime;

(ii) the activity constituting, or suspected of constituting, the particular incident of major crime.

(4) A reference under subsection (1)(b) is called a general referral.

(5) A general referral—

(a) must identify the major crime to be investigated by the commission; and

(b) may identify either or both of the following—

(i) the persons involved, or suspected of being involved, in the major crime;

(ii) the activities constituting, or suspected of constituting, the major crime.

(6) A referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed.

(7) A referral may be made by the reference committee—

(a) for a specific referral—

(i) on its own initiative; or

(ii) if asked by the assistant commissioner, crime; or

(iii) if asked by the commissioner of police; or

(b) for a general referral—

(i) on its own initiative; or

(ii) if asked by the assistant commissioner, crime.

(8) A referral must be in writing.