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Legislative Assembly for the ACT: 2003 Week 3 Hansard (23 October) . . Page.. 3991 ..

MR WOOD

The Australian Crime Commission Act 2002 of the Commonwealth is a result of the creation by the Commonwealth government of a new national framework to deal with transnational crime and terrorism. In a meeting between state and territory leaders in 2002 it was agreed that effective cooperation between jurisdictions was necessary to build on arrangements that would respond quickly and effectively to global law enforcement challenges and criminal activity in a transnational arena. Complementary state and territory legislation is necessary to provide for the operation of the Australian Crime Commission under state and territory law.

The Australian Crime Commission's functions include the collection and analysis of criminal intelligence in a coordinated manner, conducting investigations of criminal activity of national significance, the exercise of coercive powers and setting national criminal law priorities.

There are a number of benefits for ACT residents in the creation of a bill providing for the operation of the Australian Crime Commission in the ACT. The bill includes provisions for the commission to undertake investigations in relation to criminal activity that relates to territory offences irrespective of whether those offences have a federal basis. This is important for the ACT as it will assist us in investigating and combating territorial as well as national crime.

In providing for the operation of the Australian Crime Commission, the bill maintains the powers that were available to the former National Crime Authority and includes provision for those powers to be used for the Australian Crime Commission's investigative and criminal intelligence roles.

Furthermore, there are stiff penalties for contravening provisions of the bill to facilitate the effective performance of the commission's functions. The penalties set out in the territory bill reflect the current penalty policy in the ACT, while maintaining uniformity as close as possible with the Commonwealth and other jurisdictions. They have been matched closely with Commonwealth penalties, or in some instances are higher as a result of the application of the standard penalty formula in the ACT.

The government was concerned that in no case should penalties be lower than those in other jurisdictions lest the ACT be regarded as a "soft"target for organised crime groups. There is also the option for certain offence proceedings to be conducted summarily under the provisions of the Crimes Act 1900, consistent with the approach taken in the Commonwealth act.

Provisions have been included in the bill that allow officers of the Australian Crime Commission to pursue organised crime within ACT borders without being hampered by legal limitations. This is an important step in the development of state, territorial and federal policing arrangements and will assist in the flow of criminal activity and intelligence information to ACT local police, thereby supporting our police in the investigation of local offences.

Finally, the bill in allowing the introduction of the Australian Crime Commission in the territory will assist the AFP in its operations through the distribution and sharing of

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