New South Wales Consolidated Acts

CRIME COMMISSION ACT 2012

- As at 1 February 2023 
- Act 66 of 2012 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object
   4.      Interpretation
   5.      Meaning of "relevant offence"
   6.      Notes

   PART 2 - NEW SOUTH WALES CRIME COMMISSION

           Division 1 - Constitution of Commission

   7.      Commission
   8.      Commissioner
   9.      Assistant Commissioners

           Division 2 - Functions of Commission

   10.     Principal functions of Commission
   11.     Functions under Criminal Assets Recovery Act 1990
   11A.    Functions under Law Enforcement Conduct Commission Act 2016
   12.     Information and reports with respect to government agencies and members of government agencies
   13.     Liaison with other bodies
   14.     Incidental powers of Commission
   15.     Delegation by Commission

           Division 3 - Search warrants

   16.     Definitions
   17.     Search warrants
   18.     Dealing with seized things

           Division 4 - Hearings

   19.     Hearings
   20.     Procedure at hearings generally
   21.     Hearings to be held in private
   21A.    Provisions relating to directions as to presence at hearings
   22.     Legal representation
   23.     Evidence
   24.     Power to summon witnesses and take evidence
   25.     Failure of witnesses to attend and answer questions etc
   26.     Examination of witnesses
   27.     False or misleading evidence

           Division 5 - Obtaining information, documents and things

   28.     Commission may require information from certain government agencies
   29.     Power to obtain documents and things
   30.     Refusal or failure of person to produce document or thing
   31.     Appearance following refusal or failure to produce document or thing

           Division 6 - Refusal or failure to produce documents or things or answer questions

   32.     Definitions
   33.     Applications to Supreme Court for review of Commission's decisions concerning entitlement to refuse to take oath or affirmation, produce documents or things or answer questions
   34.     Decisions on review
   35.     Time for commencing prosecutions

           Division 6A - Evidence of accused persons

   35A.    Leave of Supreme Court to take evidence from accused person about the offence

           Division 7 - Attendance before Commission

   36.     Arrest of witness
   37.     Conditional release of witness
   38.     Review by Supreme Court
   39.     Privilege concerning answers and documents
   39A.    Derivative evidence
   40.     Religious confessions
   41.     Reimbursement of expenses of witnesses
   42.     Legal and financial assistance
   43.     Appearance of inmate before Commission

           Division 8 - Protection of witnesses and evidence

   44.     Protection of witnesses
   45.     Publication or disclosure of evidence
   45AA.   Disclosure of evidence to certain agencies
   45A.    Disclosure of evidence of accused about offence for which charged
   45B.    Disclosure of evidence to DPP for indemnities and undertakings
   45C.    Stay of proceedings
   46.     Indemnities and undertakings

           Division 9 - Contempt

   47.     Definitions
   47A.    Contempt of the Commission
   47B.    Procedure for alleged contempt
   47C.    Powers of Commissioner in relation to alleged contempt
   47D.    Conditional release of contemnor
   47E.    Review by Supreme Court
   47F.    Act or omission that is both an offence and contempt

           Division 10 - Miscellaneous

   47G.    Obstruction or disruption of Commission
   48.     Protection from liability

   PART 3 - NEW SOUTH WALES CRIME COMMISSION MANAGEMENT COMMITTEE

   49.     The Management Committee
   50.     Members of the Management Committee
   51.     Functions of the Management Committee
   52.     Review of references
   53.     Limitations on reference or renewal of reference
   54.     Notices referring matters for investigation
   55.     Independent legal advice
   56.     Commission may request reference
   57.     Directions and guidelines to Commission
   58.     Task forces to assist Commission
   59.     Furnishing of reports and information

   PART 4 - (Repealed)
   None

   PART 5 - PARLIAMENTARY JOINT COMMITTEE

   70.     Definition
   71.     Functions

   PART 6 - OFFICERS OF THE COMMISSION

           Division 1 - General

   72.     Definition
   73.     Associated persons
   74.     Staff

           Division 2 - Disclosure of financial interests and security

   75.     Disclosure of certain financial information
   76.     Changes in financial interests to be notified
   77.     Disclosure of pecuniary interests and other matters
   78.     Compliance with Division a condition of employment

   PART 7 - MISCELLANEOUS

   78A.    Vetting of prospective staff
   78B.    Safeguards relating to use of vetting information
   79.     Public sittings and bulletins
   80.     Secrecy
   80AA.   Secrecy--defences
   80A.    Disclosure of information and giving of evidence by Commission to Ombudsman
   81.     Disclosures prejudicing investigations
   82.     Annual report
   83.     Counsel assisting Commission
   84.     Service of documents
   85.     Proceedings for offences
   86.     Regulations
   87.     (Repealed)
   88.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           Schedule 5 (Repealed)