Document ID: chunk:federal_register_of_legislation:C2024C00612:section:55a:p4
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 55A (pt 4/5)
Character Range: 209764–212257

duty that is in contravention of any constitutional doctrine restricting the duties that may be conferred on:
 (a) authorities of the Commonwealth; or
 (b) members of authorities of the Commonwealth; or
 (c) Judges of a court created by the Parliament.

Concurrent operation of State laws
 (8) This Act is not intended to exclude or limit the operation of a law of a State that confers any duties, functions or powers on:
 (a) the ACC; or
 (b) the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC; or
 (c) a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2);
to the extent that that law is consistent with subsections (2) to (7) (inclusive) and is capable of operating concurrently with this Act.
 (9) Without limiting subsection (8), this Act is not intended to prevent:
 (a) the ACC; or
 (b) the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of the staff of the ACC; or
 (c) a Judge of the Federal Court or a Judge of the Federal Circuit and Family Court of Australia (Division 2);
from having concurrent duties, functions or powers under a law of a State in relation to undertaking investigations relating to federally relevant crimes, to the undertaking of an intelligence operation or to national policing information, so long as the relevant law of the State is consistent with subsections (2) to (7) (inclusive).

State officers do not lose State powers
 (10) Nothing in this Act results in a person, who is an officer of a State and who becomes a member of the staff of the ACC, ceasing to be able to perform any duty or function, or to exercise any power, that is conferred on the person under a law of the State in his or her capacity as such an officer.

Interpretation
 (12) A reference in this section to a law of a State conferring a duty, function or power includes a reference to the conferral of a duty, function or power under a law of a State.

Definitions
 (13) In this section:
confer, in relation to a duty, includes impose.
Judge of the Federal Circuit and Family Court of Australia (Division 2) means a Judge of the Federal Circuit and Family Court of Australia (Division 2) in a personal capacity and not as a court or a member of a court.
Judge of the Federal Court means a Judge of the Federal Court in a personal capacity and not as a court