Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_228:p2
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 228 (pt 2/3)
Character Range: 71349–73805

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 Board, the Chair 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 Board, the Chair 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 serious and organised crime is, or the serious and organised 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 Board, the Chair 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.

Judge of the Federal Court or Federal Magistrate

 (5B) A law of a State may confer on a Judge of the Federal Court or a Federal Magistrate 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 serious and organised crime is, or the serious and organised 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 a Judge of the Federal Court or a Federal Magistrate 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