NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARYSection 1. Short title 2. Commencement 3. Repeal 4. Interpretation 5. Act to bind the Commonwealth and Norfolk Island 6. Extension to external Territories PART II-THE NATIONAL CRIME AUTHORITY Division 1-Establishment, Functions and Powers 7. Establishment and constitution of Authority 8. Establishment and constitution of Inter-Governmental Committee 9. Functions of Committee 10. Authority may request approval of references 11. Functions of Authority 12. Performance of functions 13. References by Commonwealth 14. Functions under State laws 15. Members may have concurrent functions and powers under State laws 16. Limitation on challenges to validity of references 17. Co-operation with law enforcement agencies 18. Directions and guidelines to Authority 19. Incidental powers of Authority 20. Authority may require information from certain Commonwealth agencies 21. Arrangements for Authority to obtain information or intelligence 22. Search warrants 23. Application by telephone for search warrants 24. Order for delivery to Authority of passport of witness Division 2-Hearings 25. Hearings 26. Reimbursement of expenses of witnesses 27. Legal and financial assistance 28. Power to summon witnesses and take evidence 29. Power to obtain documents 30. Failure of witnesses to attend and answer questions 31. Warrant for arrest of witness 32. Applications to Federal Court of Australia 33. False or misleading evidence 34. Protection of witnesses, &c. 35. Contempt of Authority 36. Protection of members, &c. Division 3-Administrative Provisions 37. Terms and conditions of appointment 38. Remuneration and allowances 39. Appointment of Judge as member not to affect tenure, &c. 40. Leave of absence 41. Resignation 42. Disclosure of interests 43. Termination of appointment 44. Acting Chairman 45. Acting member 46. Meetings of Authority 47. Staff 48. Employment of consultants, &c. 49. Staff to be seconded to Authority 50. Counsel assisting Authority 51. Secrecy PART III-PARLIAMENTARY JOINT COMMITTEE ON THE NATIONAL CRIME AUTHORITY 52. Interpretation 53. Joint Committee on the National Crime Authority 54. Powers and proceedings of the Committee 55. Duties of the Committee PART IV-MISCELLANEOUS 56. Transfer of certain materials to the Authority 57. Application of Administrative Decisions (Judicial Review) Act 58. Administrative arrangements with States 59. Furnishing of reports and information 60. Public sittings and bulletins 61. Annual report 62. Regulations 63. Cessation of operation of Act SCHEDULE PRESCRIBED PROVISIONS NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - LONG TITLE
An Act to establish a National Crime Authority NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - PART I PART I-PRELIMINARY

Back to Top
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 1 Short title
(Assented to 15 June 1984) 1. This Act may be cited as the National Crime Authority Act 1984. NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 2 Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation.
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 3 Repeal
3. The National Crimes Commission Act 1982 is repealed.
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 4 Interpretation
4. (1) In this Act, unless the contrary intention appears- "acting member" means a person, not being a member, who is acting as Chairman or as a member other than the Chairman; "appoint" includes re-appoint; "Authority" means the National Crime Authority established by section 7; "business" includes- (a) any profession, trade, employment or vocational calling; (b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan); and (c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect; "Chairman" means Chairman of the Authority; "document" includes any book, register or other record of information, however compiled, recorded or stored; "Federal Court" means the Federal Court of Australia; "Inter-Governmental Committee" or "Committee" means the Inter-Governmental Committee referred to in section 8; "Judge" means- (a) a Judge of a court created by the Parliament or of a court of a State or Territory; or (b) a person who has the same designation and status as a Judge of a court created by the Parliament; "law enforcement agency" means- (a) the Australian Federal Police; (b) a Police Force of a State; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States; "legal practitioner" means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory; "member" means member of the Authority and includes the Chairman; "member of the staff of the Authority" means- (a) a member of the staff referred to in sub-section 47 (1); (b) a person engaged under sub-section 48 (1); or (c) a person referred to in section 49 whose services are made available to the Authority; "officer of a State" includes- (a) a Minister of the Crown of a State; (b) a member of either House of the Parliament of a State or, if there is only one House of the Parliament of a State, a member of that House; (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a State; and (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a State or is an officer or employee of such an authority or body; "officer of a Territory" includes- (a) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a Territory; and (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a Territory or is an officer or employee of such an authority or body; "officer of the Commonwealth" includes- (a) a Minister of State of the Commonwealth; (b) a member of either House of the Parliament of the Commonwealth; (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth; and (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth or is an officer or employee of such an authority or body, but does not include an officer of a Territory; "participating State" means a State the Premier of which- (a) has notified the Prime Minister that the State will participate in the activities of the Inter-Governmental Committee; and (b) has not subsequently notified the Prime Minister that the State will not participate in the activities of the Committee; "passport" means an Australian passport or a passport issued by the Government of a country other than Australia;
Back to Top
"relevant criminal activity" means any circumstances implying, or any allegations, that a relevant offence may have been, or may be being, committed against a law of the Commonwealth, of a State or of a Territory; "relevant offence" means an offence- (a) that involves 2 or more offenders and substantial planning and organization; (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and (d) that involves theft, fraud, tax evasion, currency violations, illegal drug dealings, illegal gambling, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory, bankruptcy and company violations, harbouring of criminals, forging of passports, armament dealings or illegal importation or exportation of fauna into or out of Australia, or that involves matters of the same general nature as one or more of the foregoing, or that is of any other prescribed kind, but- (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a relevant offence other than an offence so committed; (f) does not include an offence the time for the commencement of a prosecution for which has expired; and (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years; "special investigation" means an investigation that the Authority is conducting in the performance of its special functions; "State" includes the Northern Territory; "Task Force" includes a body of persons that is similar to a Task Force, however the body is described; "Territory" does not include the Northern Territory; "the Commonwealth Minister" or "the Minister" means the Minister of State administering this Act. (2) Where the Authority suspects that an offence that is not a relevant offence as defined in sub-section (1) may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a relevant offence as so defined, whether or not the Authority has identified the nature of that relevant offence, the first-mentioned offence shall, for so long only as the Authority so suspects, be deemed, for the purposes of this Act, to be a relevant offence. (3) In this Act- (a) a reference to the Parliament of a State shall, in relation to the Northern Territory, be construed as a reference to the Legislative Assembly of that Territory; (b) a reference to the Governor of a State shall, in relation to the Northern Territory, be construed as a reference to the Administrator of that Territory; (c) a reference to the Premier of a State shall, in relation to the Northern Territory, be construed as a reference to the Chief Minister of that Territory; and (d) a reference to a Minister of the Crown of a State shall, in relation to the Northern Territory, be construed as a reference to a person holding Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978. NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 5 Act to bind the Commonwealth and Norfolk Island
5. This Act binds the Crown in right of the Commonwealth and of Norfolk Island but does not bind the Crown in right of a State. NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 6 Extension to external Territories
6. This Act extends to all the external Territories.
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - PART II PART II-THE NATIONAL CRIME AUTHORITY
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - DIVISION 1 Division 1-Establishment, Functions and Powers
NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 7 Establishment and constitution of Authority
7. (1) There is established by this Act an Authority by the name of the National Crime Authority.
(2) The Authority shall consist of a Chairman and 2 other members.
(3) The Chairman and the other members shall be appointed by the Governor-General.
(4) If the Chairman is not a person who is, and is expected to continue to be, a Judge, he shall be appointed as a full-time member.
(5) The members other than the Chairman shall be appointed as full-time
Back to Top
members. (6) Of the offices to be held by members other than the office of Chairman- (a) one shall be an office to which sub-section (7) applies; and (b) one shall be an office to which sub-section (8) applies. (7) If- (a) there is a vacancy in the office of a member to which this sub-section applies, whether or not an appointment has previously been made to the office; (b) within 3 months after the occurrence of the vacancy the Attorney-General of the Commonwealth and the Attorneys-General of the participating States unanimously recommend a person for appointment to the office; and (c) the person so recommended agrees to be appointed, any advice to the Governor-General with respect to the appointment of a person to fill the vacancy shall be consistent with the recommendation. (8) If- (a) there is a vacancy in the office of a member to which this sub-section applies, whether or not an appointment has previously been made to the office; (b) within 3 months after the occurrence of the vacancy the Special Minister of State of the Commonwealth and the Ministers of the Crown of the participating States who are responsible for matters relating to the respective Police Forces of those States unanimously recommend a person for appointment to the office; and (c) the person so recommended agrees to be appointed, any advice to the Governor-General with respect to the appointment of a person to fill the vacancy shall be consistent with the recommendation. (9) A person shall not be appointed as Chairman unless- (a) he is or has been a Judge; or (b) he is enrolled as a legal practitioner, and has been so enrolled for not less than 5 years. (10) The performance of the functions or the exercise of the powers of the Authority is not affected by reason only of a vacancy in the membership of the Authority.