Document ID: chunk:federal_register_of_legislation:C2019A00114:clause:1_15:p1
Version: federal_register_of_legislation:C2019A00114
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 1/2)
Character Range: 4574–7433

15  Subsections 7C(2), (3) and (4)
Repeal the subsections, substitute:

Special ACC operations/investigations
 (2) The Board may make a determination, in writing, authorising a special ACC operation to occur.
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.
 (3) The Board may make a determination, in writing, authorising a special ACC investigation to occur.
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 criminal activity to which the determination relates at whatever level of generality the Board considers appropriate including (without limitation) by reference to:
 (a) categories of relevant criminal activities; or
 (b) categories of suspected offender; or
 (c) specific allegations of crime; 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 the special ACC operation or special ACC investigation 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 criminal activity to which the determination relates; or
 (b) subsequently investigates any or all of the federally relevant criminal activity 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 some part of the federally relevant criminal activity 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 has authorised a special ACC investigation or special ACC operation to occur:
 (a) describe the general nature of the circumstances or allegations constituting the federally relevant criminal activity to which the determination relates; and
 (b) set out the purpose of the investigation or operation;
but, to avoid doubt, the determination is not required to specify:
 (c) any particular offence or offences; or
 (d) any particular conduct, transaction or person to which the investigation