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Annual Report - COMPLETE - Australian Crime Commission

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Decision-Making Powers and Powers Affecting Members Of The<br />

Public<br />

The ACC has powers which may affect members of the public. It has the power to:<br />

(a) require information from certain Commonwealth agencies;<br />

(b) receive information from a State, or an authority of a State under arrangements<br />

made by the Commonwealth Minister;<br />

(c) make arrangements with any other body or person to receive information;<br />

(d) apply for the issue of a search warrant, in some cases by telephone;<br />

(e) summon a person to appear before it to give evidence;<br />

(f) require a person to produce documents;<br />

(g) apply for a court order requiring a witness to deliver his/her passport to the<br />

ACC;<br />

(h) apply for a warrant for the arrest of a witness considered likely to leave<br />

Australia;<br />

(i) apply for a warrant for the interception of communications in respect of a<br />

telecommunications service; and<br />

(j) apply for a listening device warrant in its own right for the investigation of Federal<br />

narcotics offences and for certain State and Territory offences.<br />

External consultation<br />

The ACC Board exists independently of the ACC. It determines NCIPs, provides<br />

strategic direction to, and determines the priorities of, the ACC, authorises intelligence<br />

operations or investigations and determines the use of the ACC’s coercive powers,<br />

establishes task forces and reports to the Inter-Governmental Committee on the<br />

ACC (IGC-ACC) on the ACC’s performance. There are arrangements specified<br />

in the ACC Act for participation by the IGC-ACC. The IGC-ACC comprises the<br />

relevant Commonwealth Minister and a Minister from each participating state and<br />

territory. The Act also defines the role and responsibility of the Parliamentary Joint<br />

Committee on the ACC, comprising five Senators and five Members of the House of<br />

Representatives. Although not specifically provided for in the Act, the ACC consults<br />

with Australasian Police Ministers’ Council – Senior Officer Group, an advisory group<br />

to the IGC, and the Heads of Commonwealth Operational Law Enforcement Agencies<br />

(HOCOLEA).<br />

Categories of documents<br />

The following documents are available for purchase from the <strong>Australian</strong> Government<br />

Publishing Service:<br />

• <strong>Australian</strong> <strong>Crime</strong> <strong>Commission</strong> Act 2002, and<br />

• <strong>Australian</strong> <strong>Crime</strong> <strong>Commission</strong> Regulations.<br />

ACC ANNUAL REPORT 2003–04 I 153<br />

6G<br />

APPENDIX G: FOI STATEMENT

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