Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Review of specific provisions of the National Crime Authority Act 1984 and the Australian Crime Commission Act 2002

The deadline for submissions closed 19 January 2007.

Section 4 of the National Crime Authority Legislation Amendment Act 2002 (NCALA Act) requires the Minister for Justice and Customs, Senator the Hon Chris Ellison, to cause a person to review and report in writing about the operation of certain provisions in the National Crime Authority Act 1984 and the Australian Crime Commission Act 2002.

Mr Mark Trowell QC is conducting the review on behalf of the Australian Government.

The review concerns the period 12 October 2001 to 12 October 2006.

Terms of Reference

The review is to be conducted in accordance with section 4 of the National Crime Authority Legislation Amendment Act 2001.

Specifically the review will assess and include a written report on:

  1. The effects of the following provisions in facilitating the performance of the functions of the Authority and the ACC:

    2. (a) the provisions that remove the defence of reasonable excuse
    (b) the provision that removes the derivative-use immunity
    (c) the provisions that increase the penalties for non-compliance, and

  2. The extent (if any) to which persons have been unjustifiably prejudiced because of the enactment of:

    3. (a) the provisions that remove the defence of reasonable excuse
    (b) the provision that removes the derivative-use immunity, and

  3. The extent (if any) to which courts have imposed increased penalties allowed for by the provisions that increase the penalties for non-compliance, and
  4. Any other matter that is considered relevant to the operation of the provisions of the NCA Act and ACC Act as affected by the provisions referred to at 1-3 above.
  5. In addition, the review must consider whether the ACC Act should be amended to provide the ACC with a contempt power for witnesses not fulfilling their obligations under the ACC Act.

Written submissions addressing the terms of reference are invited and should be addressed to:

Mr Mark Trowell QC
Albert Wolff Chambers
GPO Box 2533
PERTH WA 6001

The closing date for submissions is Friday 19 January 2007.