Senate

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senatory the Honourable Chris Ellison)

Notes on clauses

Clause 1: Short title

The short title of this Act is the Australian Crime Commission Establishment Act 2002 .

Clause 2: Commencement

This clause provides that clauses 1, 2 and 3 of the Bill and any other provision that is not specifically mentioned in this commencement provision, commence on the day on which the Act receives the Royal Assent.

Schedule 1, which contains the principle provisions that will establish the Australian Crime Commission (ACC) via amendments to the National Crime Authority Act 1984 (the NCA Act), will commence on 1 January 2003. Schedule 2, Items 1 to 115 and Items 119 to 226, which amend other Acts consequential on the establishment of the ACC, also commence on 1 January 2003.

Schedule 2, Items 116 and 117, amend the Proceeds of Crime Act 2002 and will commence on 1 January 2003 or immediately after the commencement of the relevant provisions of the Proceeds of Crime Act 2002 whichever is the later date.

Schedule 2, Item 118, amends the Radiocommunications Act 1992 and will commence on 1 January 2003 or immediately after the commencement of the relevant provisions of the Communications Legislation Amendment Act (No. 1) 2002 whichever is the later date.

Schedule 3, Items 1 to 6 commence immediately after Schedule 1 commences, but they do not commence at all if the Proceeds of Crime Act 2002 has not commenced by 1 January 2003.

Schedule 3, Items 7 to 14 and Item 17 commence immediately after, and Schedule 3, Items 15 and 16 commence immediately before, the commencement of the Proceeds of Crime Act 2002 , but they do not commence at all if the Proceeds of Crime Act 2002 commences before 1 January 2003.

Clause 3: Schedule(s)

This clause provides that each Act that is specified in a Schedule is amended as set out in that Schedule.