Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_228:p1
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 228 (pt 1/3)
Character Range: 69072–71565

228  Subsections 55A(2) to (5)
Repeal the subsections, substitute:

ACC

 (2) A law of a State may confer on the ACC any or all of the following duties, functions or powers:
 (a) the function of investigating 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);
 (b) a duty, function or power that is for the purposes of an investigation referred to in paragraph (a) and that is either:
 (i) of the same kind as a duty, function or power conferred on 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;
 (c) the function of undertaking 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);
 (d) a duty, function or power that is for the purposes of an operation referred to in paragraph (c) and that is either:
 (i) of the same kind as a duty, function or power conferred on 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.

 (3) The ACC cannot, under a law of a State:
 (a) investigate a matter relating to a relevant criminal activity; or
 (b) undertake an intelligence operation;
unless the Board has consented to the ACC doing so.

Board, Chair of the Board, CEO, examiners and members of staff of the ACC

 (4) 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 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 the Board, the Chair of the Board, the CEO, an