National Crime Authority Legislation Amendment Act 2001 (Extracts only)

(135 of 2001)

An Act to amend the National Crime Authority Act 1984 and the Ombudsman Act 1976, and for related purposes (Incorporating amendments up to Act No. 125 of 2002)

[Assented to 1 October 2001]

The Parliament of Australia enacts:

1   Short title

This Act may be cited as theNational Crime Authority Legislation Amendment Act 2001.

2   Commencement

 

(1) Sections 1, 2, 3 and 4 commence on the day on which this Act receives the Royal Assent.

      

(2) Schedules 1 to 7 and 9 to 12 commence on a day to be fixed by Proclamation.

      

(3) If a provision of this Act to which subsection (2) applies does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

      

(4) Schedule 8 commences on a day to be fixed by Proclamation.

3   Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Review of effect of this Act

 

(1) The Minister must cause a person (the responsible person ) to review, and to report in writing about, the operation of the National Crime Authority Act 1984 (the NCA Act ) and the Australian Crime Commission Act 2002 (the ACC Act ) as affected by the following provisions of this Act:

(a) items 1, 3, 5, 11 and 13 of Schedule 1 (the provisions that remove the defence of reasonable excuse );

(b) item 12 of Schedule 1 (the provision that removes the derivative use immunity );

(c) items 7, 12 and 15 of Schedule 1 (the provisions that increase the penalties for non compliance ).

      

(2) The responsible person must be someone who, in the Minister's opinion, is suitably qualified and appropriate to conduct the review and make the report.

      

(3) The review and report must relate to the 5 year period (the review period ) beginning on the commencement of Part 1 of Schedule 1.

      

(4) The review and report must include an assessment of:

(a) the effects of the following provisions in facilitating the performance of the functions of the Authority and the Australian Crime Commission:

(i) the provisions that remove the defence of reasonable excuse;

(ii) the provision that removes the derivative use immunity;

(iii) the provisions that increase the penalties for non compliance; and

(b) the extent (if any) to which persons have been unjustifiably prejudiced because of the enactment of:

(i) the provisions that remove the defence of reasonable excuse; and

(ii) the provision that removes the derivative use immunity; and

(c) the extent (if any) to which courts have imposed increased penalties allowed for by the provisions that increase the penalties for non compliance.

      

(5) The review and report must also include an assessment of any other matter that the responsible person considers relevant to the operation of the provisions of the NCA Act and the ACC Act as affected by the provisions referred to in paragraphs (1)(a) to (c).

      

(6) The report must 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; or

(c) reveal the identity of a person, if doing so might prejudice:

(i) the safety or reputation of a person; or

(ii) the fair trial of a person who has been or may be charged with an offence.

      

(7) The Authority must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.

      

(7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the responsible person in connection with the carrying out of the reviewand report.

      

(8) The following activities by a current or former member of the Authority (within the meaning of the NCA Act) or a current or former member of staff of the Authority (within the meaning of the NCA Act) do not constitute a contravention of section 51 of the NCA Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:

(a) divulging or communicating information to the responsible person;

(b) recording information;

(c) providing a record of information to the responsible person.

      

(8A) The following activities by the current or former Chief Executive Officer of the Australian Crime Commission or a current or former member of the staff of the ACC (within the meaning of the ACC Act) do not constitute a contravention of section 51 of the ACC Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:

(a) divulging or communicating information to the responsible person;

(b) recording information;

(c) providing a record of information to the responsible person.

      

(9) The responsible person must provide a reasonable opportunity for members of the public to make submissions to him or her about matters to which the review and report relate. However, the review process must not include any hearings.

      

(10) The responsible person must give the report to the Inter Governmental Committee no later than 6 months after the end of the review period. The report is then to be considered by the Committee and given by the Committee, together with such comments on the report as the Committee thinks fit, to:

(a) the Minister; and

(b) the appropriate Minister of the Crown of each participating State.

      

(11) After the Minister receives the report and comments from the Inter Governmental Committee, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House.

Schedule 2   Privacy Act 1988

1   At the end of subsection 18K(5)

Add:

Note: A credit reporting agency must not include a note about the disclosure of information in a file if a notation has been made on a summons, or a notice, relating to the disclosure of the information and the notation has not been cancelled (see section 29A of the National Crime Authority Act 1984).

Schedule 5   Financial Transaction Reports Act 1988

1   Subsection 16(6) (paragraph (b) of the definition of relevant authority)

Omit “Chairperson”, substitute “Chair”.

2   Paragraph 26(1)(c)

Omit “Chairperson”, substitute “Chair”.

3   After paragraph 27(5)(a)

Insert:

; and (aa) the NCA may, in a manner that does not identify, and is not reasonably capable of being used to identify, a person to whom the information relates, communicate the information to the Parliamentary Joint Committee on the National Crime Authority under subsection 59(6A) of the NCA Act; and

4   At the end of paragraphs 27(5)(b) and (c)

Add “and”.

5   Paragraph 27(5)(d)

After “(a),”, insert “(aa),”.

Schedule 8   Crimes Act 1914

1   Subparagraph 15G(1)(b)(i)

Omit “Chairperson”, substitute “Chair”.

2   Paragraph 15N(2A)(b)

Omit “Chairperson”, substitute “Chair”.

3   Subsection 15R(2)

Omit “Chairperson”, substitute “Chair”.

4   Paragraph 15S(4)(b)

Omit “Chairperson”, substitute “Chair”.

5   Subsection 15T(4)

Omit “Chairperson”, substitute “Chair”.

6   Subsection 15U(2)

Omit “Chairperson”, substitute “Chair”.

Schedule 10   Customs Act 1901

1   Subsection 219A(1) (paragraph (a) of the definition of chief officer)

Omit “Chairman”, substitute “Chair”.

Schedule 12   Taxation Administration Act 1953

1   Subsection 2(1) (paragraph (d) of the definition of head)

Omit “Chairman”, substitute “Chair”.