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Legislative Assembly for the ACT: 2002 Week 4 Hansard (11 April) . . Page.. 1031 ..

MR STANHOPE (continuing):

Key elements of the agreement with respect to terrorism include the Commonwealth having responsibility for dealing with national terrorist situations, which would include attacks on Commonwealth targets, multijurisdictional attacks, threats against civil aviation, and those involving chemical, biological, radiological and nuclear materials. Agreement of affected states and territories would be sought before such a situation was declared.

Jurisdictions will take whatever action is necessary to ensure that terrorists can be prosecuted under the criminal law. The states will refer power through specific, jointly-agreed legislation. Amendments to the new Commonwealth legislation will require consultation with, and agreement of, the states and territories.

Another key element of the agreement in respect of terrorism includes reviews by all jurisdictions to ensure that legislation and counter-terrorism arrangements are sufficiently strong. Included also is a commitment from all jurisdictions to strengthen anti-terrorist intelligence capabilities, and a central coordination capacity, so that states and territories may respond more effectively to terrorist incidents.

With respect to fighting crime, the agreement included a new body to replace the National Crime Authority called the Australian Crime Commission-the ACC-that focuses on criminal intelligence collection. The body will have a task force investigative capacity to support its intelligence functions, and support its overall operations.

There is to be the appointment of a new board for the ACC, comprising representatives of all states and territories, under the oversight of an intergovernmental committee of state and Commonwealth ministers.

The ACC will have the capacity to use coercive powers to investigate criminal activity of national significance. It will have streamlined processes for obtaining investigative references. The ACC will come into effect by 31 December this year, after the additional details of its operation have been mutually agreed.

With respect to multijurisdictional crime, the agreement included reforming laws relating to money-laundering to create effective offences. The states may do this through a reference of power.

The agreement included legislating, through model laws for all jurisdictions, and by mutual recognition, for a national set of investigative powers for cross-border investigations covering controlled operations and assumed identities, electronic surveillance devices, and witness anonymity.

The Federal Police will be allowed to investigate state offences incidental to Commonwealth offences. There will be modernisation of the criminal law by legislating priority areas of model criminal procedures and model computer offences during 2002, and model serious drug offences during 2003.

The agreement will ensure adequate access to radio spectrum for effective interoperability between national security, police and emergency services agencies, and enhancement of the capacity, in each jurisdiction, to create DNA profiles and to

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