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B22SK132.v15.docx 11/10/2022 2:58 PM
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Crime Commission
Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
(Attorney-General)
A Bill for an Act to amend the Australian Crime
Commission Act 2002, and for related purposes
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
i
B22SK132.v15.docx 11/10/2022 2:58 PM
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Australian Crime Commission Act 2002
3
Parliamentary Joint Committee on Law Enforcement Act 2010
8
Telecommunications (Interception and Access) Act 1979
9
Part 2--Application and saving provisions
10
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
1
A Bill for an Act to amend the Australian Crime
1
Commission Act 2002, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Crime Commission Amendment (Special
5
Operations and Special Investigations) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
2
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Australian Crime Commission Act 2002
3
1 Subsection 4(1)
4
Insert:
5
federally relevant crime
means a relevant crime that is:
6
(a) an offence against a law of the Commonwealth or of a
7
Territory; or
8
(b) an offence against a law of a State that has a federal aspect.
9
2 Subsection 4(1) (definition of federally relevant criminal
10
activity)
11
Repeal the definition.
12
3 Subsection 4(1) (definition of Indigenous violence or child
13
abuse)
14
Omit "committed".
15
4 Subsection 4(1) (definition of intelligence operation)
16
Omit "federally relevant criminal activity" (wherever occurring),
17
substitute "a federally relevant crime".
18
5 Subsection 4(1) (definition of relevant crime)
19
Repeal the definition, substitute:
20
relevant crime
means a serious and organised crime or Indigenous
21
violence or child abuse:
22
(a) that may have been, may be being, or may in future be,
23
committed; and
24
Schedule 1
Amendments
Part 1
Amendments
4
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
(b) that is an offence against a law of the Commonwealth, of a
1
State or of a Territory.
2
Note:
See also subsection (2) (which expands the meaning of
relevant crime
3
in certain circumstances).
4
6 Subsection 4(1) (definition of relevant criminal activity)
5
Repeal the definition.
6
7 Subsection 4(1) (definition of special ACC investigation)
7
Repeal the definition, substitute:
8
special ACC investigation
means an investigation relating to a
9
federally relevant crime that the Board has authorised to occur
10
under subsection 7C(3).
11
Note:
A special ACC investigation can occur only while a determination
12
under subsection 7C(3) is in force (see subsection 7C(4F)).
13
8 Subsection 4(1) (definition of special ACC operation)
14
Repeal the definition, substitute:
15
special ACC operation
means an intelligence operation that the
16
Board has authorised to occur under subsection 7C(2).
17
Note:
A special ACC operation can occur only while a determination under
18
subsection 7C(2) is in force (see subsection 7C(4E)).
19
9 Subparagraphs 4A(2)(d)(i) and (ii)
20
Omit "relevant criminal activity that relates to", substitute "relevant
21
crime that is".
22
10 Subparagraph 4A(2)(e)(i)
23
After "relating to", insert "a relevant crime that is".
24
11 Subparagraph 4A(2)(e)(ii)
25
Omit "operation is, or would be, incidental to the operation", substitute
26
"intelligence operation is, or would be, incidental to the intelligence
27
operation".
28
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
5
12 Subsection 4A(6) (definition of intelligence operation)
1
Omit all the words after "intelligence relating to", substitute "a relevant
2
crime, but that may involve undertaking investigations relating to a
3
relevant crime".
4
13 Paragraphs 7A(b) and (c)
5
Omit "when authorised by a determination made by the Board--".
6
14 Paragraphs 7C(1)(c) and (d)
7
Repeal the paragraphs, substitute:
8
(c) to authorise, by determination made under subsection (2), an
9
intelligence operation to occur;
10
(d) to authorise, by determination made under subsection (3), an
11
investigation relating to a federally relevant crime to occur;
12
15 Subsection 7C(1) (note)
13
Omit "an intelligence operation or an investigation relating to federally
14
relevant criminal activity", substitute "a special ACC operation or a
15
special ACC investigation".
16
16 Subsection 7C(2)
17
Omit "a special ACC operation", substitute "an intelligence operation".
18
17 Subsection 7C(2) (before note 1)
19
Insert:
20
Note 1A: An intelligence operation that the Board has authorised to occur under
21
this subsection is a special ACC operation (see the definition of
22
special ACC operation
in subsection 4(1)).
23
18 Subsection 7C(3)
24
Omit "a special ACC investigation", substitute "an investigation
25
relating to a federally relevant crime".
26
19 Subsection 7C(3) (before note 1)
27
Insert:
28
Schedule 1
Amendments
Part 1
Amendments
6
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
Note 1A: An investigation relating to a federally relevant crime that the Board
1
has authorised to occur under this subsection is a special ACC
2
investigation (see the definition of
special ACC investigation
in
3
subsection 4(1)).
4
20 Subsection 7C(4)
5
Omit "criminal activity", substitute "crime".
6
21 Paragraph 7C(4)(a)
7
Omit "relevant criminal activities", substitute "federally relevant
8
crimes".
9
22 Paragraph 7C(4)(c)
10
Omit "crime", substitute "federally relevant crimes".
11
23 Subsection 7C(4A)
12
Omit "the special ACC operation or special ACC investigation",
13
substitute "an intelligence operation, or an investigation relating to a
14
federally relevant crime,".
15
24 Paragraphs 7C(4B)(a) and (b)
16
Omit "criminal activity", substitute "crimes".
17
25 Paragraph 7C(4B)(c)
18
Omit "some part of the federally relevant criminal activity", substitute
19
"any or all of the federally relevant crimes".
20
26 Subsection 7C(4C)
21
Repeal the subsection, substitute:
22
(4C) A determination under subsection (2) or (3) must, to the extent that
23
the Board reasonably considers appropriate having regard to the
24
level of generality at which it is authorising an intelligence
25
operation, or an investigation relating to a federally relevant crime,
26
to occur, set out the purposes of the operation or investigation.
27
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
7
(4CA) To avoid doubt, a determination under subsection (2) or (3)
1
authorising an intelligence operation, or an investigation relating to
2
a federally relevant crime, to occur is not required to specify:
3
(a) any particular offence or offences; or
4
(b) any particular conduct, transaction or person to which the
5
investigation or operation relates; or
6
(c) any timeframe within which:
7
(i) any federally relevant crime may have been, may be
8
being, or may in future be, committed; or
9
(ii) the investigation or operation must commence or be
10
completed.
11
27 Subsections 21(1) and (2)
12
Omit "criminal activities", substitute "crimes".
13
28 Paragraph 55A(2)(a)
14
Repeal the paragraph, substitute:
15
(a) the function of undertaking an investigation relating to a
16
relevant crime in so far as the relevant crime is an offence
17
against a law of the State (irrespective of whether that
18
offence has a federal aspect);
19
29 Paragraph 55A(3)(a)
20
Omit "criminal activity", substitute "crime".
21
30 Paragraph 55A(4)(a)
22
Repeal the paragraph, substitute:
23
(a) relates to an investigation relating to a relevant crime in so
24
far as the relevant crime is an offence against a law of the
25
State (irrespective of whether that offence has a federal
26
aspect); and
27
31 Paragraph 55A(5A)(a)
28
Omit "criminal activity", substitute "crime".
29
Schedule 1
Amendments
Part 1
Amendments
8
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
32 Paragraph 55A(5B)(a)
1
Repeal the paragraph, substitute:
2
(a) relates to an investigation relating to a relevant crime in so
3
far as the relevant crime is an offence against a law of the
4
State (irrespective of whether that offence has a federal
5
aspect); and
6
33 Subsection 55A(9)
7
Omit "criminal activities", substitute "crimes".
8
34 Subsection 55A(14) (definition of intelligence operation)
9
Omit "criminal activity", substitute "crime".
10
35 Paragraph 55B(1)(a)
11
Omit "federally relevant criminal activity", substitute "a federally
12
relevant crime".
13
36 Paragraph 55C(1)(c)
14
Omit "criminal activity that is not a federally relevant criminal
15
activity", substitute "crime that is not a federally relevant crime".
16
37 Subsection 55C(2)
17
Omit "to a relevant criminal activity", substitute "to a relevant crime".
18
38 Paragraph 55C(2)(a)
19
Repeal the paragraph, substitute:
20
(a) the relevant crime is not a federally relevant crime; or
21
Parliamentary Joint Committee on Law Enforcement Act
22
2010
23
39 Section 3
24
Insert:
25
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
9
relevant crime
has the same meaning as in the
Australian Crime
1
Commission Act 2002
.
2
40 Section 3 (definition of relevant criminal activity)
3
Repeal the definition.
4
41 Paragraph 7(2)(a)
5
Omit "criminal activity", substitute "crime".
6
Telecommunications (Interception and Access) Act 1979
7
42 Subsection 5(1)
8
Repeal the following definitions:
9
(a) definition of
federally relevant criminal activity
;
10
(b) definition of
special investigation
.
11
43 Paragraph 5D(1)(f)
12
Omit "an ACC special investigation", substitute "a special ACC
13
investigation".
14
Schedule 1
Amendments
Part 2
Application and saving provisions
10
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
No. , 2022
Part 2--Application and saving provisions
1
44 Definitions
2
In this Part:
3
ACC Act
means the
Australian Crime Commission Act 2002
.
4
amending Part
means Part 1 of this Schedule.
5
commencement time
means the commencement of this Schedule.
6
45 Application
--subsections 7C(2) to (4CA) of the ACC Act
7
Subsections 7C(2) to (4CA) of the ACC Act, as amended or inserted by
8
the amending Part, apply in relation to a determination made after the
9
commencement time.
10
46 Saving
--existing determinations
11
(1)
This item applies in relation to a determination if:
12
(a) the determination was made under subsection 7C(2) or (3) of
13
the ACC Act before the commencement time; and
14
(b) immediately before the commencement time, the
15
determination is still in force.
16
(2)
The determination continues in force, after the commencement time, as
17
if:
18
(a) the determination had been made under subsection 7C(2) or
19
(3) of the ACC Act (as the case may be), as amended by the
20
amending Part; and
21
(b) any reference in the determination to federally relevant
22
criminal activity were a reference to federally relevant crime
23
within the meaning of the ACC Act, as amended by the
24
amending Part; and
25
(c) any reference in the determination to relevant crime, or
26
relevant criminal activity, were a reference to relevant crime
27
within the meaning of the ACC Act, as amended by the
28
amending Part.
29
Amendments
Schedule 1
Application and saving provisions
Part 2
No. , 2022
Australian Crime Commission Amendment (Special Operations and
Special Investigations) Bill 2022
11
47 Saving
--existing arrangements
1
If:
2
(a) an arrangement was made under subsection 21(1) or (2) of
3
the ACC Act before the commencement time; and
4
(b) immediately before the commencement time, the
5
arrangement is still in effect;
6
the arrangement continues in effect, after the commencement time, as if
7
it had been made under subsection 21(1) or (2) of the ACC Act (as the
8
case may be), as amended by the amending Part.
9
48 Saving
--warrants
10
(1)
This item applies in relation to a warrant if:
11
(a) the warrant was issued under section 46, 46A or 48 of the
12
Telecommunications (Interception and Access) Act 1979
13
before the commencement time; and
14
(b) immediately before the commencement time, the warrant is
15
still in force.
16
(2)
The warrant continues in force, after the commencement time, as if any
17
reference in the warrant to an ACC special investigation were a
18
reference to a special ACC investigation (within the meaning of the
19
ACC Act, as amended by the amending Part).
20
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