Table Of Contents

Australian Crime Commission (New South Wales) Act 2003 No 13

An Act to make provision for the operation of the Australian Crime Commission in New South Wales; to repeal the National Crime Authority (State Provisions) Act 1984; and to make consequential amendments to various Acts.
Part 1 Preliminary
2   Commencement
(1)  This Act commences on the date of assent to this Act, except as provided by subsection (2).
(2)  Schedule 1.32 commences, or is taken to have commenced, on the commencement of Schedule 7 [8] to the State Revenue Legislation Amendment Act 2002.
3   Definitions
(1)  In this Act:
ACC Act means the Australian Crime Commission Act 2002 of the Commonwealth.
Note—
That Act was originally known as the National Crime Authority Act 1984.
ACC laws means:
(a)  the ACC Act, and
(b)  all regulations, directions and guidelines in force under the ACC Act.
applied provisions means the ACC laws that apply as a law of this State because of section 5, including any modification under this Act.
Commonwealth body or person means:
(a)  the ACC, or
(b)  the Board, or
(c)  the Chair of the Board, or
(d)  a member of the Board, or
(e)  the Inter-Governmental Committee, or
(f)  the CEO, or
(g)  a member of the staff of the ACC, or
(h)  an examiner, or
(i)  a Judge of the Federal Court, or
(j)  a Federal Magistrate.
confer includes to impose.
Federal Magistrate means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the Federal Magistrates Act 1999 of the Commonwealth.
function includes a power or duty.
modification includes an addition, omission or substitution.
perform includes to exercise.
(2)  If this Act uses a term that is given a meaning in section 4 of the ACC Act, the term has the same meaning in this Act unless the contrary intention appears.
(3)  In this Act, a reference to a Commonwealth Act includes a reference to:
(a)  the Commonwealth Act, as amended and in force for the time being, and
(b)  an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.
(4)  Notes included in this Act do not form part of this Act.
4   Crown bound
This Act and the applied provisions bind the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all of its other capacities.
Part 2 The applied provisions
Division 1 Application and interpretation
5   Application of ACC laws to this State
(1)  The ACC laws, as modified under this Act, apply as a law of this State as if references in them to a federally relevant criminal activity were references to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect).
(2)  This section has effect in relation to the ACC laws as in force for the time being.
6   Modification of ACC laws
(1)  The regulations may modify the ACC laws for the purposes of this Act.
(2)  Without limiting subsection (1), the regulations may provide that the ACC laws apply under section 5 (1) as if an amendment to the ACC laws:
(a)  made by a law of the Commonwealth, and
(b)  specified in the regulations,
had not taken effect.
7   Interpretation of applied provisions
(1)  The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the applied provisions as if the applied provisions were a Commonwealth Act or were regulations under a Commonwealth Act, as the case requires.
(2)  The Interpretation Act 1987 of New South Wales does not apply in relation to the applied provisions.
Division 2 Conferral of functions
8   Functions under applied provisions
A Commonwealth body or person has the functions conferred on that body or person under the applied provisions.
9   Consent of Board may be needed before functions can be performed
The conferral of a function on a Commonwealth body or person by this Part is subject to any provision of the ACC Act that requires the consent of the Board before the function can be performed.
10   Functions not affected by State laws
A Commonwealth body or person is not precluded by any law of the State from performing a function conferred by this Part.
11   Extent to which functions are conferred
(1)  This Part does not purport to impose any duty on a Commonwealth body or person to perform a function if the imposition of the duty would be beyond the legislative power of the Parliament of the State.
(2)  This section does not limit the operation of section 12 of this Act or of section 31 of the Interpretation Act 1987.
12   Functions of federal judicial officers
(1)  In this section:
federal judicial officer means a Judge of the Federal Court or a Federal Magistrate.
(2)  A function conferred on a federal judicial officer by the applied provisions is conferred on the federal judicial officer in a personal capacity and not as a court or a member of a court. The federal judicial officer need not accept the function conferred.
(3)  Anything done or made by a federal judicial officer under the applied provisions has effect only by virtue of the applied provisions and is not to be taken by implication to be done or made by a court.
(4)  A federal judicial officer performing a function under the applied provisions has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the federal judicial officer is a member).
(5)  A function conferred on the Federal Court by the applied provisions is taken to be conferred on a Judge of the Federal Court and subsections (2) and (4) apply to that function.
13   Delegations under ACC Act
Any delegation by a Commonwealth body or person under the ACC Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
Division 3 Provisions about offences
14   Object of this Division
(1)  The object of this Division is to provide for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2)  The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to):
(a)  the investigation and prosecution of offences, and
(b)  the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and
(c)  proceedings relating to a matter referred to in paragraph (a) or (b), and
(d)  appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and
(e)  the sentencing, punishment and release of persons convicted of offences, and
(f)  fines, penalties and forfeitures, and
(g)  liability to make reparation in connection with offences, and
(h)  proceeds of crime, and
(i)  spent convictions.
15   Application of Commonwealth criminal laws to offences against applied provisions
(1)  The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.
(2)  For the purposes of a law of this State, an offence against the applied provisions:
(a)  is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and
(b)  is taken not to be an offence against the laws of this State.
(3)  Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.
(4)  For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of this section.
16   Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1)  A Commonwealth law applying because of section 15 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the ACC Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2)  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the ACC Act.
17   Double jeopardy
If:
(a)  an act or omission by a person is an offence under the applied provisions and is also an offence under the ACC Act, and
(b)  the person has been punished for the offence under the ACC Act,
the person is not liable to be punished for the offence under the applied provisions.
Part 3 General
18   Arrangements for Board to obtain information or intelligence
The Minister may make an arrangement with the Commonwealth Minister for the Board to be given by the State, or an authority of the State, information or intelligence relating to relevant criminal activities.
19   Administrative arrangements with Commonwealth
The Minister may make an arrangement with the Commonwealth Minister under which the State will, from time to time as agreed upon under the arrangement, make available a person who is an officer or employee of the State or of an authority of the State or a member of the NSW Police Force, or persons who are such officers, employees or members, to perform services for the ACC.
s 19: Am 2006 No 94, Sch 3.1.
20   Judges to perform functions under ACC Act
A Judge of a court of the State may perform functions conferred on the Judge by section 22 (Search warrants), 23 (Application by telephone for search warrants) or 31 (Warrant for arrest of witness) of the ACC Act.
21   Things done for multiple purposes
The validity of anything done for the purposes of the applied provisions is not affected only because it was done also for the purposes of the ACC laws.
22   Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
24   (Repealed)
s 24: Rep 2005 No 64, Sch 3.
25   Savings, transitional and other provisions
Schedule 2 has effect.
26   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 (Repealed)
sch 1: Rep 2005 No 64, Sch 3.
Schedule 2 Savings, transitional and other provisions
(Section 25)
1   Terms used in this Schedule
(1)  In this Schedule:
NCA investigation means an investigation under section 5 (4) of the NCA (State Provisions) Act.
NCA (State Provisions) Act means the National Crime Authority (State Provisions) Act 1984.
(2)  In this Schedule, a reference to a section of the applied provisions is a reference to a section of the ACC Act that is an applied provision.
2   Certain investigations taken to be special investigations
If an investigation that the ACC is conducting under the applied provisions (the ACC investigation) relates to a matter into which an NCA investigation had been commenced but not completed before 1 January 2003, the Board of the ACC is taken to have determined, in writing, that the ACC investigation is a special investigation.
3   Assembling and giving evidence obtained by NCA
If:
(a)  before 1 January 2003, the National Crime Authority obtained evidence of a kind referred to in section 6 (1) of the NCA (State Provisions) Act, but
(b)  the National Crime Authority has not assembled and given the evidence as mentioned in that subsection before 1 January 2003,
section 12 (1) of the applied provisions applies as if that evidence had been obtained by the ACC in carrying out an ACC operation/investigation.
4   Limitation on challenges to validity of references
Section 8 of the NCA (State Provisions) Act continues to apply in relation to a reference made under that Act as if that section had not been repealed by this Act.
5   Arrangements to obtain information or intelligence
An arrangement that was in force under section 11 of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 18.
6   Things seized under search warrants
If a thing seized pursuant to a warrant under section 12 of the NCA (State Provisions) Act is in the ACC’s possession, section 22 (8) and (9) of the applied provisions apply to that thing as if it had been seized pursuant to a warrant under section 22 of the applied provisions.
7   Directions as to publication
(1)  If a direction was in force under section 16 (9) of the NCA (State Provisions) Act immediately before 1 January 2003:
(a)  the direction has effect, and
(b)  section 25A (10), (11) and (14) (b) of the applied provisions apply to the direction as if it were a direction under section 25A (9) of the applied provisions.
(2)  Section 25A (12) and (13) of the applied provisions, so far as they relate to the CEO, apply to evidence in relation to which a direction was given under section 16 (9) of the NCA (State Provisions) Act as if it were evidence given before an examiner in relation to which the examiner has given a direction under section 25A (9) of the applied provisions.
8   Disclosure of summons or notice
If a notation made in connection with an NCA investigation was in force under section 18A of the NCA (State Provisions) Act immediately before 1 January 2003:
(a)  the notation has effect, and
(b)  section 29B of the applied provisions applies to the summons or notice containing the notation, and
(c)  if there is an ACC operation/investigation relating to the matter to which the NCA investigation related, section 29A (4) and (5) of the applied provisions apply as if the notation had been made in connection with the ACC operation/investigation.
9   Witness protection
Arrangements that were in effect under section 24 of the NCA (State Provisions) Act immediately before 1 January 2003 have effect as if they had been made under section 34 of the applied provisions.
10   Administrative arrangements in relation to NCA
An arrangement that was in force under section 28 (b) of the NCA (State Provisions) Act immediately before 1 January 2003 has effect as if it had been made under section 19.
11   Secrecy obligations
(1)  In this clause:
former official means a person who was, at any time, a person to whom section 31 of the NCA (State Provisions) Act applied.
(2)  Section 51 (2) and (3) of the applied provisions extend to a former official (whether or not he or she is or has been a person to whom section 51 of the applied provisions applies) as if:
(a)  references in section 51 of the applied provisions to this Act or to a corresponding Act of another State included references to the NCA (State Provisions) Act or to a corresponding Act of another State, and
(b)  the reference in section 51 (3) (b) of the applied provisions to an investigation carried out by the ACC included a reference to an investigation carried out by the National Crime Authority before 1 January 2003.
12   Validation of administrative actions
The Co-operative Schemes (Administrative Actions) Act 2001 (the validation Act) applies to administrative actions that have been taken, or have purportedly been taken, under the NCA (State Provisions) Act as if:
(a)  the NCA (State Provisions) Act were a relevant State Act for the purposes of the validation Act, and
(b)  for the purposes of the validation Act, the “commencement time” in relation to the NCA (State Provisions) Act were the time when section 23 comes into operation.
13   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.