Document ID: chunk:federal_register_of_legislation:C2004A01201:clause:3_2
Version: federal_register_of_legislation:C2004A01201
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 6853–8960

2  After paragraph 27(1)(b)
Insert:
 (ba) one of the following bodies:
 (i) the Independent Commission Against Corruption established by the Independent Commission Against Corruption Act 1988 of New South Wales;
 (ii) the Western Australian Anti‑Corruption Commission established by the Anti‑Corruption Commission Act 1988 of Western Australia; or
 (bb) one of the following bodies:
 (i) the New South Wales Crime Commission established by the New South Wales Crime Commission Act 1985 of New South Wales;
 (ii) the Crime and Misconduct Commission established by the Crime and Misconduct Act 2001 of Queensland; or
 (bc) the National Crime Authority established by the National Crime Authority Act 1984; or
 (bd) the New South Wales Police Integrity Commission established by the Police Integrity Commission Act 1996 of New South Wales; or
 (be) a body that:
 (i) performs functions related to the investigation, prevention or prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and
 (ii) is covered by a written determination made by the ACA for the purposes of this paragraph; or

Note: The heading to section 27 is replaced by the heading "Exemption for defence, law enforcement and emergency personnel".

  3  Subsection 27(2)
Repeal the subsection, substitute:

 (2) The ACA may determine in writing that acts or omissions by members of a class of persons to whom this section applies are exempt from either or both of the following:
 (a) all or any of Parts 3.1, 4.1 and 4.2;
 (b) specified provisions of those Parts.
The exemption may be expressed to apply generally or in specified circumstances.

 (3) A determination under paragraph (1)(be) or subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (4) For the purposes of subparagraph (1)(be)(i), serious crime is conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.