Document ID: chunk:federal_register_of_legislation:C2024C00612:section:7c:p2
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 7C (pt 2/3)
Character Range: 48654–51478

definition of special ACC investigation in subsection 4(1)).
Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination.
Note 2: See also Division 2 for the examination powers available if a determination is made.
 (4) A determination under subsection (2) or (3) may identify the federally relevant crime to which the determination relates at whatever level of generality the Board considers appropriate including (without limitation) by reference to:
 (a) categories of federally relevant crimes; or
 (b) categories of suspected offender; or
 (c) specific allegations of federally relevant crimes; or
 (d) specific offenders; or
 (e) any combination of the above.
 (4A) The only condition for the exercise of the power under subsection (2) or (3) is that the Board considers, on the basis of the collective experience of the Board members voting at the meeting when a determination is made, that it is in the public interest that the Board authorise an intelligence operation, or an investigation relating to a federally relevant crime, to occur.
 (4B) To avoid doubt, a determination under subsection (2) or (3) can be made, and has effect, regardless of whether the ACC:
 (a) is, at the time the determination is made, already investigating any or all of the federally relevant crimes to which the determination relates; or
 (b) subsequently investigates any or all of the federally relevant crimes to which the determination relates by any means other than through the exercise by an examiner of the powers under Division 2; or
 (c) decides to investigate any or all of the federally relevant crimes to which the determination relates because of a request for assistance by another law enforcement agency.
 (4C) A determination under subsection (2) or (3) must, to the extent that the Board reasonably considers appropriate having regard to the level of generality at which it is authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur, set out the purposes of the operation or investigation.
 (4CA) To avoid doubt, a determination under subsection (2) or (3) authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur is not required to specify:
 (a) any particular offence or offences; or
 (b) any particular conduct, transaction or person to which the investigation or operation relates; or
 (c) any timeframe within which:
 (i) any federally relevant crime may have been, may be being, or may in future be, committed; or
 (ii) the investigation or operation must commence or be completed.
 (4D) The Board may, at any time, revoke a determination made under subsection (2) or (3).
 (4E) A special ACC operation can be undertaken only while a determination under subsection