Crimes and Other Legislation Amendment (Omnibus No. 2) Act 2023 (98 of 2023)
Schedule 3 Validations relating to the Australian Crime Commission Act 2002
1 Validations relating to the Australian Crime Commission Act 2002
Scope of this item
(1) This item applies:
(a) in relation to a thing done by a person in reliance upon, or otherwise in relation to:
(i) an authorisation (the relevant authorisation )given by the Board of the Australian Crime Commission on or after 4 September 2013, andbefore 10 December 2019, under paragraph 7C(1)(c) of the ACC Act; or
(ii) a determination (the relevant determination ) made by the Board of the Australian Crime Commission on or after 4 September 2013, and before 10 December 2022, under subsection 7C(2) or (3) of the ACC Act; and
(b) where that thing was done before the commencement of this item; and
(c) where that thing related to federally relevant criminal activity within the meaning of the ACC Act as in force at the time when the relevant authorisation was given or the relevant determination was made; and
(d) to the extent that the doing of that thing would, apart from this item, be invalid or ineffective because the relevant authorisation or relevant determination was invalid or ineffective (including because, at the time when the authorisation was given or the determination was made, the authorisation or determination failed to specify or identify federally relevant criminal activity within the meaning of the ACC Act as in force at that time).
(2) To avoid doubt, a determination made by the Board of the Australian Crime Commission that is a relevant determination may also be:
(a) if the determination was made on or after 4 September 2013 and before 10 December 2019 - a determination made by the Board in the performance of the Board's functions under paragraph 7C(1)(d) of the ACC Act; or
(b) if the determination was made on or after 10 December 2019 and before 10 December 2022 - a determination made by the Board in the performance of the Board's functions under paragraph 7C(1)(c) or (d) of the ACC Act.
Validation
(3) The thing done is as valid and effective, and is taken for all purposes always to have been as valid and effective, as it would have been if the relevant authorisation or relevant determination were not invalid or ineffective.
(4) To avoid doubt, and without limiting subitem (3), that subitem has effect for the purposes oflegal proceedings.
Compensation for acquisition of property
(5) If the operation of this item would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(6) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Definitions
(7) In this item:
ACC Act means the Australian Crime Commission Act 2002.
authorisation includes a purported authorisation.
determination includes a purported determination.
legal proceedings include any proceedings before a court or tribunal, and include proceedings that are pending or concluded.
relevant authorisation has the meaning given by subparagraph (1)(a)(i).
relevant determination has the meaning given by subparagraph (1)(a)(ii).
thing includes:
(a) issuing, or purporting to issue, a summons or notice under the ACC Act; and
(b) requiring, or purporting to require, a person to answer a question or produce a document under the ACC Act; and
(c) taking steps in or in relation to:
(i) legal proceedings; or
(ii) matters arising in, or as a result of, legal proceedings; and
(d) the exercise, or purported exercise, of any other power, whether or not under the ACC Act; and
(e) the performance, or purported performance, of any other function, whether or not under the ACC Act.