Case: R v Hughes (2000) 202 CLR 535
Outcome: referred to
Commission is a Commonwealth authority created under Commonwealth legislation. On the face of it, the Commission cannot perform or exercise duties, functions or powers under State laws without the consent of the Commonwealth Parliament: Bond v The Queen [2000] HCA 13 ; (2000) 201 CLR 213 at 219 [15] . Section 55A is designed to give that legislative consent in certain circumstances. The section relevantly provides: " Object (1) The main object of this section is to give legislative consent to the conferral 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; or (c) a Judge of the Federal Court or a Federal Magistrate; of certain duties, functions and powers under State laws. ACC (2) A law of a State may confer on the ACC any or all of the following duties, functions or powers: (a) the function of investigating a matter relating to a relevant criminal activity in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); (b) a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either: (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last-mentioned duty, function or power relates to the investigation of that matter); or (ii) of a kind specified in regulations made for the purposes of this subparagraph; (c) the function of undertaking an intelligence operation in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); (d) a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either: (i) of the same kind as a duty, function or power conferred on the ACC by this Act or any other Act (whether or not the last-mentioned duty, function or power relates to that operation); or (ii) of a kind specified in regulations made for the purposes of this subparagraph. (3) The ACC cannot, under a law of a State: (a) investigate a matter relating to a relevant criminal activity; or (b) undertake an intelligence operation; unless the Board has consented to the ACC doing so. Inter-Governmental Committee, Board, Chair of the Board, members of the Board, CEO, examiners and members of staff of the ACC (4) A law of a State may confer on 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 a duty, function or power that: (a) relates to the investigation of a matter relating to a relevant criminal activity in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and (b) is either: (i) of the same kind as a duty, function or power conferred on 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 by this Act or any other Act (whether or not the last-mentioned duty, function or power relates to the investigation of that matter); or (ii) of a kind specified in regulations made for the purposes of this subparagraph. (5) A law of a State may confer on 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 a duty, function or power that: (a) relates to the undertaking of an intelligence operation in so far as the relevant crime is, or the relevant crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect); and (b) is either: (i) of the same kind as a duty, function or power conferred on 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 by this Act or any other Act (whether or not the last-mentioned duty, function or power relates to that operation); or (ii) of a kind specified in regulations made for the purposes of this subparagraph. (5A) The CEO or an examiner cannot perform a duty or function, or exercise a power, under a law of a State: (a) relating to the investigation of a matter relating to a relevant criminal activity; or (b) relating to the undertaking of an intelligence operation; unless the Board has consented to the CEO or the examiner doing so. ... (7) Subsections (2), (4), (5), (5B) and (5C) do not extend to a law of a State to the extent to which that law purports to confer any duty that is in contravention of any constitutional doctrine restricting the duties that may be conferred on: (a) authorities of the Commonwealth; or (b) members of authorities of the Commonwealth; or (c) Judges of a court created by the Parliament. ... (14) In this section (other than subsection (9)): intelligence operation means the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant criminal activity." (As to the reason for subsection (7) of s 55A, see R v Hughes (2000) 202 CLR 535.)