Document ID: chunk:federal_register_of_legislation:C2004C01298:section:4:p1
Version: federal_register_of_legislation:C2004C01298
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 1502–4238

4  Review of effect of this Act

 (1) The Minister must cause a person (the responsible person) to review, and to report in writing about, the operation of the National Crime Authority Act 1984 (the NCA Act) and the Australian Crime Commission Act 2002 (the ACC Act) as affected by the following provisions of this Act:
 (a) items 1, 3, 5, 11 and 13 of Schedule 1 (the provisions that remove the defence of reasonable excuse);
 (b) item 12 of Schedule 1 (the provision that removes the derivative‑use immunity);
 (c) items 7, 12 and 15 of Schedule 1 (the provisions that increase the penalties for non‑compliance).

 (2) The responsible person must be someone who, in the Minister's opinion, is suitably qualified and appropriate to conduct the review and make the report.

 (3) The review and report must relate to the 5 year period (the review period) beginning on the commencement of Part 1 of Schedule 1.

 (4) The review and report must include an assessment of:
 (a) the effects of the following provisions in facilitating the performance of the functions of the Authority and the Australian Crime Commission:
 (i) the provisions that remove the defence of reasonable excuse;
 (ii) the provision that removes the derivative‑use immunity;
 (iii) the provisions that increase the penalties for non‑compliance; and
 (b) the extent (if any) to which persons have been unjustifiably prejudiced because of the enactment of:
 (i) the provisions that remove the defence of reasonable excuse; and
 (ii) the provision that removes the derivative‑use immunity; and
 (c) the extent (if any) to which courts have imposed increased penalties allowed for by the provisions that increase the penalties for non‑compliance.

 (5) The review and report must also include an assessment of any other matter that the responsible person considers relevant to the operation of the provisions of the NCA Act and the ACC Act as affected by the provisions referred to in paragraphs (1)(a) to (c).

 (6) The report must not:
 (a) identify persons as being suspected of having committed offences; or
 (b) identify persons as having committed offences unless those persons have been convicted of those offences; or
 (c) reveal the identity of a person, if doing so might prejudice:
 (i) the safety or reputation of a person; or
 (ii) the fair trial of a person who has been or may be charged with an offence.

 (7) The Authority must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.

 (7A) The Chief Executive Officer of the Australian Crime Commission, and members of the staff of the ACC (within the meaning of the ACC Act), must give all reasonable assistance requested by the