Document ID: chunk:federal_register_of_legislation:C2024C00612:section:55a:p1
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 55A (pt 1/5)
Character Range: 202970–205493

55A  Operation of State laws

Object
 (1) The main object of this section is to give legislative consent to the conferral 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);
of certain duties, functions and powers under State laws.

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 undertaking an investigation relating to a relevant crime in so far as the relevant crime is an offence against a law of the State (irrespective of whether that offence has 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); 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 relevant crime is, or the relevant 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;
 (e) a duty, function or power relating to national policing information.
 (3) The ACC cannot, under a law of a State:
 (a) undertake an investigation relating to a relevant crime; or
 (b) undertake an intelligence operation; or
 (c) perform a duty or function, or exercise a power, relating to national policing information;
unless the Board has consented to the ACC doing so.

Inter‑Governmental Committee, Board, Chair of the Board, members of the Board, CEO, examiners and members of staff of the ACC
 (4) A law of a State may confer on the Inter‑Governmental Committee, the Board, the Chair of the Board, a member of the Board, the CEO, an examiner or a member of