Does not include amendments by: (not commenced) Miscellaneous Acts (Local Court) Amendment Act 2007 No 94
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Assistant Commissioner means an Assistant Commissioner for the Commission.business includes:
(a) any profession, trade, employment or vocational calling, (b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan), and (c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect. Commission means the New South Wales Crime Commission constituted by this Act.Commissioner means the Commissioner for the New South Wales Crime Commission.document includes any book, register or other record of information, however compiled, recorded or stored.illegal drug trafficking includes crime related to illegal drug trafficking.indictable offence means an offence which may be prosecuted on indictment.investigation means an investigation by the Commission of a matter referred to it under section 25 (1) (a) or (a1) by the Management Committee.Judge means a Judge of a court of the State.law enforcement agency means:
(a) the Police Force, (b) a Police Force of another State or a Territory of the Commonwealth, (c) the Australian Federal Police, or (d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State, another State or a Territory of the Commonwealth. legal practitioner means a barrister or a solicitor of the Supreme Court.Management Committee orCommittee means the New South Wales Crime Commission Management Committee constituted by this Act.member means a member of the Commission, and includes the Commissioner.member of staff of the Commission —see section 32.police inquiry means an inquiry carried out under the authority of the Commissioner of Police.police task force means a task force under the authority of the Commissioner of Police.regulation means a regulation made under this Act.relevant criminal activity means any circumstances implying, or any allegations, that a relevant offence may have been, or may be being, or may be about to be, committed.relevant offence means:
(a) a serious drug offence, or (a1) an offence that involves fraud and that the Management Committee is satisfied is sufficiently serious to warrant its investigation by the Commission, or Note— Section 3 (2A) sets out the matters that the Management Committee is to take into account in deciding whether an offence involving fraud is sufficiently serious to warrant investigation. (b) any other offence for which the Management Committee is satisfied that:
(i) the investigation of the offence by the Commission is in the public interest, and (ii) the use of the Commission’s functions may be necessary to fully investigate the offence, but:
(c) does not include an offence the time for the commencement of a prosecution for which has expired, and (d) does not include an offence for which there is no penalty of imprisonment, and (e) does not include an offence for which the maximum penalty of imprisonment is a period of less than 3 years. serious drug offence means:
(a) an offence referred to (before the commencement of the ) in section 45A of the Drug Misuse and Trafficking Act 1985 : Poisons Act 1966
(i) of supplying any drug of addiction or prohibited drug within the meaning of that Act, (ii) of cultivating, supplying or possessing any prohibited plant within the meaning of that Act, or (iii) of permitting any premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of any prohibited plant within the meaning of that Act or of being concerned in the management of any such premises, (a1) an offence under Division 2 of Part 2 of the , other than an offence which is prescribed for the purposes of this paragraph, Drug Misuse and Trafficking Act 1985 (b) a prescribed offence involving drugs or an offence of a prescribed kind involving drugs, (c) an offence, which involves theft, fraud, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery, corruption or harbouring criminals, perpetrated in connection with an offence referred to in paragraph (a), (a1) or (b), or (d) an offence of attempting to commit, or of conspiracy or incitement to commit, an offence referred to in paragraph (a), (a1), (b) or (c). (2) Where the Commission suspects that an offence that is not a relevant offence as defined in subsection (1) may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a relevant offence as so defined, whether or not the Commission has identified the nature of that relevant offence, the first-mentioned offence shall, for so long as the Commission so suspects, be deemed, for the purposes of this Act, to be a relevant offence.
(1) There is constituted by this Act a corporation under the corporate name of the “New South Wales Crime Commission”.
(1) The principal functions of the Commission are:
(a) to investigate matters relating to a relevant criminal activity referred to the Commission by the Management Committee for investigation, (b) to assemble evidence that would be admissible in the prosecution of a person for a relevant offence arising out of any such matters and to furnish any such evidence to the Director of Public Prosecutions, (b1) to review a police inquiry into matters relating to any criminal activity (being an inquiry referred for review to the Commission by the Management Committee) and to furnish its findings to the Committee together with any recommendation as to action the Commission considers should be taken in relation to those findings, (c) to furnish in accordance with this Act reports relating to illegal drug trafficking and organised and other crime, which include, where appropriate, recommendations for changes in the laws of the State, and (d) to disseminate investigatory, technological and analytical expertise to such persons or bodies as the Commission thinks fit. (1A) The Commission may exercise a function conferred or imposed on it by the , may carry out investigations in aid of the exercise of those functions and may, for the purposes of that Act, make such use as it thinks fit of any information obtained by it in the execution of this Act. Criminal Assets Recovery Act 1990 (1B) Nothing in this section precludes the Commission from inquiring into matters connected with, or arising out of, the exercise of its functions under this or any other Act or law, whether or not those matters are the subject of a reference to the Commission by the Management Committee.
(1) The Commission may delegate to the Commissioner or an Assistant Commissioner or a member of the staff of the Commission any of its functions.
(1) A member may, by notice in writing served on the principal officer of an agency, or on a person who is a member, officer or employee of an agency, require that principal officer, or that person, as the case may be, to furnish to the Commission, by writing signed by that principal officer, or by that person, within the time and in the manner specified in the notice, information so specified, being information that:
(a) was acquired by the first-mentioned agency in the ordinary course of exercising its functions, or was acquired by that person in that person’s capacity as such a member, officer or employee, and (b) is relevant to an investigation being conducted by the Commission. (2) A member may, by notice in writing served on the principal officer of an agency, require that principal officer:
(a) to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the Commission or a member of the staff of the Commission, and (b) to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that relates to the exercise by the agency of its functions and is relevant to such an investigation.
(1) In this section: authorised officer has the same meaning as it has in the. Law Enforcement (Powers and Responsibilities) Act 2002 thing includes a document.(2) A member of the Commission may apply to an authorised officer for the issue of a search warrant if:
(a) the Commission has reasonable grounds for suspecting that, on a particular day (in this section referred to as the relevant day ), being the day on which, or a particular day within one month after the day on which, the application is made, there may be in or on any premises a thing or things of a particular kind connected with a matter relating to a relevant criminal activity, being a matter into which the Commission is conducting an investigation (in this section referred to asthings of the relevant kind ), and(b) the Commission believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.
(1) Where, in the course of searching, in accordance with the terms of a search warrant issued under section 11, for things of the relevant kind (within the meaning of that section), the person executing the warrant finds a thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for a relevant offence, or for an indictable offence against the law of the Commonwealth, of a State or of a Territory, and the first-mentioned person believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, that person may seize the thing and, if the thing is so seized, it shall be deemed, for the purposes of this Act, to have been seized pursuant to the warrant. (2) Where a thing is seized pursuant to a search warrant issued under section 11:
(a) the Commission may retain the thing if, and for so long as, retention of the thing by the Commission is reasonably necessary for the purposes of an investigation to which the thing is relevant, and (b) if the retention of the thing by the Commission is not, or ceases to be, reasonably necessary for such purposes, the Commission shall cause the thing to be delivered to:
(i) if the thing may be used in evidence in proceedings of a kind referred to in subsection (5)—the authority or person responsible for taking the proceedings, or (ii) if subparagraph (i) does not apply—the person who appears to the Commission to be entitled to the possession of the thing, unless the Commission has furnished the thing to the Attorney General in accordance with section 6 (2).
(1) For the purposes of an investigation the Commission may hold hearings. (2) A hearing shall be conducted by one or more members of the Commission, as determined by the Commission. (3) At a hearing conducted by 2 or more members of the Commission:
(a) the member presiding is to be the Commissioner or (if the Commissioner is not conducting the hearing) an Assistant Commissioner determined by the Commissioner, and (b) Schedule 2 is to apply, so far as it is capable of application, as if the hearing were a meeting of the Commission. (3A) (4) At a hearing before the Commission:
(a) a person giving evidence may be represented by a legal practitioner, and (b) if, by reason of the existence of special circumstances, the Commission consents to a person who is not giving evidence being represented by a legal practitioner—the person may be so represented.
(1) A member may summon a person to appear before the Commission at a hearing to give evidence and to produce such documents or other things (if any) as are referred to in the summons. (1A) A summons under subsection (1) may require the immediate attendance of a person before the Commission if the member who issues the summons believes on reasonable grounds that delay in attendance might result in:
(a) the commission of an offence, or (b) the escape of an offender, or (c) the loss or destruction of evidence, or (d) serious prejudice to the conduct of an investigation.
(1) If the Commission requires an inmate to appear before it at a hearing, the Commission may, by order in writing served on the governor of the correctional centre in whose custody the inmate is, direct the governor to produce the inmate, or have the inmate produced, at the time and place stated in the order.
(1) A member may, by notice in writing served on a person, require the person:
(a) to attend, at a time and place specified in the notice, before a person specified in the notice, being a member of the Commission or a member of the staff of the Commission, and (b) to produce at that time and place to the person so specified a document or thing specified in the notice, being a document or thing that is relevant to an investigation. (2) A notice may be issued under this section in relation to an investigation whether or not a hearing before the Commission is being held for the purposes of the investigation.
(1) This section applies if a person is required to produce a document or thing to a member of the Commission or member of the staff of the Commission in accordance with a notice under section 17.
(1) A person served with a summons to appear as a witness at a hearing before the Commission shall not, without reasonable excuse:
(a) fail to attend as required by the summons, or (b) fail to attend from day to day unless excused, or released from further attendance, by a member.
(1) If a person served with a summons to appear as a witness at a hearing before the Commission fails to attend as required by the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. (2) If the Commissioner is satisfied:
(a) by evidence on oath or affirmation that a person who has been served with a summons to appear as a witness at a hearing before the Commission has made a representation that the person intends not to appear at the hearing as required by the summons, and (b) that it is in the public interest that the person be compelled to do so to avoid serious prejudice to the conduct of an investigation, the Commissioner may issue a warrant for the arrest of the person. (3) The Commissioner may require a person to take an oath or affirmation for the purposes of this section.
(1) A witness summoned to attend or appearing before the Commission at a hearing is not (except as provided by section 18A) excused from answering any question or producing any document or thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(1) Where:
(a) a person claims to be entitled to refuse to furnish information or produce a document that the person is required to furnish or produce pursuant to a notice under section 10, (b) (c) a person claims to be entitled to refuse to answer a question put to the person, or to produce a document that the person was required to produce, at a hearing before the Commission, the Commission shall decide as soon as practicable whether in its opinion the claim is justified and notify the person of its decision. (2) If the person is dissatisfied with the decision, the person may apply to the Supreme Court for an order of review in respect of the decision. (3) Where the Commission decides that a claim by a person that the person is entitled to refuse to produce a document is not justified, the person is not entitled to make an application to the Supreme Court under subsection (2) in respect of the decision unless the person has produced the document to the Commission or placed the document in the custody of the appropriate officer of that Court, and, where the person has so produced the document and makes such an application, the Commission shall cause the document to be placed in the custody of the appropriate officer of that Court. (4) On an application for an order of review in respect of a decision of the Commission under subsection (1), the Supreme Court may, in its discretion, make an order:
(a) affirming the decision, or (b) setting aside the decision. (5) If the Supreme Court makes an order under subsection (4) setting aside a decision by the Commission that a claim by a person that the person was entitled to refuse to produce a document is not justified, the Supreme Court must make a further order directing that the document be delivered to the person.
(1) A person shall not, at a hearing before the Commission, give evidence that is, to the knowledge of the person, false or misleading in a material particular.
(1) The Commission may recommend to the Attorney General that a person be granted (under section 32 of the ) an indemnity from prosecution. Criminal Procedure Act 1986
(1) A member has, in the exercise of functions as a member in relation to a hearing before the Commission, the same protection and immunity as a Judge of the Supreme Court.
(1) There is constituted by this Act a New South Wales Crime Commission Management Committee consisting of 4 members of whom:
(a) one shall be the Minister for Police, and (b) one shall be the Commissioner of Police, and (c) one shall be the Chair of the Board of the Australian Crime Commission, and (d) one shall be the Commissioner, (e) or any person acting in any such office. (2) The Management Committee shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
(1) The principal functions of the Management Committee are:
(a) to refer (by a written notice) matters relating to relevant criminal activities to the Commission for investigation, and (a1) to refer (by a written notice) to the Commission, for review, police inquiries into matters relating to any criminal activities, and (a2) to arrange (in accordance with section 27A) for police task forces to assist the Commission to carry out investigations into matters relating to relevant criminal activities, and (b) to review and monitor generally the work of the Commission, and (c) to give approvals for the purposes of section 7. (2) The Management Committee is not to refer a matter to the Commission for investigation unless it is satisfied that ordinary police methods of investigation into the matter are unlikely to be effective.
(1) This section applies to:
(a) a member of the Commission, and (b) a member of the staff of the Commission, and (c) a member of a police task force assisting the Commission in accordance with an arrangement under section 27A, and (d) a person to whom information is given either by the Commission or by a person referred to in paragraph (a), (b) or (c) on the understanding that the information is confidential.
(1) A person who is required:
(a) by a notice under section 10 or 17 to furnish information or to attend and produce a document or other thing, or (b) by a summons under section 16 to give evidence or to produce a document or other thing, shall not disclose any information about the notice or summons that is likely to prejudice the investigation to which it relates. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(1) The Commission shall, within the period of 4 months after each 30 June, prepare a report of its operations during the year that ended on that 30 June and furnish the report to the Management Committee for transmission, together with such comments on the report as the Committee thinks fit, to the Minister. (2) A report by the Commission under this section in relation to a year shall include the following:
(a) a description of the matters that were referred during that year to the Commission for investigation, (b) a description, which may include statistics, of any patterns or trends, and the nature and scope, of drug trafficking and organised and other crime that have come to the attention of the Commission during that year in the course of its investigations, (c) any recommendations for changes in the laws of the State, or for administrative action, that, as a result of the exercise of its functions, the Commission considers should be made, (d) the general nature and the extent of any information furnished by the Commission during that year to a law enforcement agency, (e) the extent to which its investigations have resulted in the prosecution in that year of persons for offences, (e1) particulars of warrants issued by the Commissioner under section 18AA, including whether a warrant was issued for a failure to appear as a witness at a hearing before the Commission or because the Commissioner was satisfied that a person intended not to appear at such a hearing, (f) particulars of the number and results of:
(i) applications made to the Supreme Court under section 19 (2) for orders of review in respect of decisions of the Commission, and (ii) other court proceedings involving the Commission, being applications and proceedings that were determined, or otherwise disposed of, during that year. (3) A report by the Commission under this section shall not:
(a) identify persons as being suspected of having committed offences, or (b) identify persons as having committed offences unless those persons have been convicted of those offences.
(1) The staff of the Commission comprises:
(a) the staff who are employed under Chapter 1A of the in the Government Service to enable the Commission to exercise its functions, and Public Sector Employment and Management Act 2002 (b) the persons referred to in subsections (3), (4) and (5). (2)
(Section 5C)
(Sections 5 (8), 13 (3), 28 (3))
(Section 24 (7))
(Section 38)