Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 9

Functions of Committee

             (1)  The Committee has the following functions:

                     (a)  to monitor generally the work of the ACC and the Board;

                     (b)  to oversee the strategic direction of the ACC and the Board;

                     (c)  to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly;

                     (d)  such other functions as are conferred on the Committee by other provisions of this Act.

Request for more information about special determination

             (2)  Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination ) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination.

             (3)  Subject to subsection (4), the Chair of the Board must comply with the request.

             (4)  If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information.

             (5)  If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister.

             (6)  If the Committee refers the request to the Minister, the Minister:

                     (a)  must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and

                     (b)  must provide copies of that determination to the Chair of the Board and the Committee; and

                     (c)  must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination.

Revoking the special determination

             (7)  Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination.

             (8)  The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified.

             (9)  To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the special ACC operation/investigation concerned before the CEO is so notified.

Committee under no duty to consider whether to exercise powers

           (10)  The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances.



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