Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 55C

No obligation to perform duties etc.

  (1)   To avoid doubt, neither this Act nor any other law of the Commonwealth imposes any obligation on:

  (a)   the ACC; or

  (b)   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;

to perform a duty or function, or exercise a power:

  (c)   in relation to an investigation, or to the collection, correlation, analysis or dissemination of criminal information and intelligence, relating to a relevant crime that is not a federally relevant crime; or

  (d)   that is otherwise in contravention of any constitutional doctrine restricting the duties that may be conferred on:

  (i)   authorities of the Commonwealth; or

  (ii)   members of authorities of the Commonwealth.

  (2)   To avoid doubt, neither this Act nor any other law of the Commonwealth imposes any obligation on a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division   2) to perform a duty or function, or exercise a power, that relates to an investigation by the ACC, or to the collection, correlation, analysis or dissemination by the ACC of criminal information and intelligence, relating to a relevant crime if:

  (a)   the relevant crime is not a federally relevant crime; or

  (b)   the imposition of the obligation is otherwise in contravention of any constitutional doctrine restricting the duties that may be conferred on Judges of a court created by the Parliament.

  (2A)   To avoid doubt, neither this Act nor any other law of the Commonwealth imposes any obligation on:

  (a)   the ACC; or

  (b)   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;

to perform a duty or function, or exercise a power, that relates to national policing information if the imposition of the obligation is in contravention of any constitutional doctrine restricting the duties that may be conferred on authorities of the Commonwealth or members of authorities of the Commonwealth.

  (3)   In this section:

"Judge of the Federal Circuit and Family Court of Australia (Division 2)" means a Judge of the Federal Circuit and Family Court of Australia (Division   2) in a personal capacity and not as a court or a member of a court.

"Judge of the Federal Court" means a Judge of the Federal Court in a personal capacity and not as a court or a member of a court.



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