Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 55B

Choice of Commonwealth and State powers

  (1)   If:

  (a)   the ACC is undertaking an investigation relating to a federally relevant crime, or is undertaking an intelligence operation, in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of a State; and

  (b)   for the purposes of that investigation or operation, the ACC or the Inter - Governmental Committee or the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of the State;

this Act or that other Act does not require the ACC or the Inter - Governmental Committee or the Board, the Chair of the Board, the member of the Board, the CEO, the examiner or the member of the staff of the ACC to favour exercising the powers conferred by this Act or that other Act.

  (2)   If:

  (a)   the ACC, the Inter - Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC is performing a duty or function, or exercising a power, relating to national policing information; and

  (b)   the body or person has a choice between exercising powers conferred by this Act or any other Act, and exercising powers conferred by a law of a State;

this Act or that other Act does not require the body or person to favour exercising the powers conferred by this Act or that other Act.


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