Document ID: chunk:federal_register_of_legislation:C2024C00612:section:12
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 12
Character Range: 64694–66506

12  Performance of operations/investigations functions
 (1) Where the ACC, in carrying out a special ACC operation/investigation, obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the CEO must assemble the evidence and give it to:
 (a) the Attorney‑General of the Commonwealth or the State, as the case requires; or
 (b) the relevant law enforcement agency; or
 (c) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.
Note: The CEO may also disseminate information in certain circumstances to law enforcement agencies and other bodies: see sections 59AA and 59AB.
 (1AA) Subsection (1) has effect subject to:
 (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and
 (b) the CEO complying with sections 25B to 25G to the extent that the evidence is examination material or derivative material.
 (1A) Where the ACC, in carrying out a special ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:
 (a) the Attorney‑General of the Commonwealth or the State, as the case requires; or
 (b) a relevant law enforcement agency; or
 (c) any person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.
 (2) Subsection (1A) has effect subject to:
 (a) any relevant direction given under subsection 25A(9) (about confidentiality for examinations); and
 (b) the CEO complying with sections 25B and 25H to the extent that the evidence is examination material or derivative material.