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Legislative Assembly for the ACT: 2003 Week 3 Hansard (23 October) . . Page.. 3992 ..

MR WOOD

intelligence information gathered by the commission. The representation of the Chief Police Officer of the ACT on the board of the Australian Crime Commission will ensure that the territory's needs are reflected in the Australian Crime Commission's national intelligence priorities.

Organised crime is increasingly becoming more sophisticated, entrepreneurial and hidden in nature. It is critical for an effective national response that the states and territories work with the Commonwealth in the fight against such crime. Through the introduction of the Australian Crime Commission (ACT) Bill, the ACT will be assisting in an integrated and nationwide response. This is an important step. This is an acknowledgment by the ACT that it is not a stand-alone island within the policing network and that contemporary policing requires law enforcement agencies to carry out investigations that extend beyond jurisdictions.

This bill largely mirrors uniform state and territory legislation that is based on the Commonwealth act to ensure that the Australian Crime Commission can conduct investigations and intelligence operations into Commonwealth, state and territory offences as seamlessly as possible.

Part 1 of the bill deals with preliminary matters such as the commencement of the act and alerts readers to the object of the act, which is to provide for the operation of the Australian Crime Commission in the ACT.

Part 2 of the bill outlines the functions and responsibilities of the commission, the board, and the intergovernmental committee under territory law, including conducting investigations and intelligence operations in relation to relevant criminal activity.

Part 3 of the bill provides for the commission's examination powers, such as summoning witnesses and taking evidence, to be exercised by examiners, who will be independent statutory officers appointed under the Commonwealth act.

Part 4 of the bill sets out the provisions relating to the issuing of warrants and provides for the investigatory powers of the commission, including search powers under warrant and examination powers which are exercisable for both its investigatory and criminal intelligence functions.

Part 5 of the bill deals with the exercise of the functions of the Australian Crime Commission within the territory and ensures the commission's special powers are used appropriately. The board may determine certain operations and investigations to be special operations or investigations, which invoke special power, such as calling witnesses, taking evidence and obtaining documents.

Part 6 of the bill contains general administrative arrangements to enable the commission to undertake its investigations. It also creates offences for failure to comply with the act to facilitate the operations of the commission. These offences include failing to attend an examination or to answer questions, and failing to produce documents or things when required to do so by a summons. The offences in the bill will be similar to the offences contained in the Commonwealth act and existing state and territory National Crime Authority legislation.

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