Document ID: chunk:federal_register_of_legislation:C2004A00726:clause:1_55a:p2
Version: federal_register_of_legislation:C2004A00726
Segment Type: clause
Provision Reference: sch 1 cl 55A (pt 2/3)
Character Range: 12523–15121

confer on a Judge of the Federal Court 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 relevant offence is, or the relevant offences 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 associated with a function conferred on the Authority in relation to the investigation of that matter; and
 (c) is of the same kind as a duty, function or power conferred on a Judge of the Federal Court by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter).

Ancillary provisions

 (6) Subsections (2), (4) and (5) do not extend to a duty, function or power of a kind specified in regulations made for the purposes of this subsection.

 (7) Subsections (2), (4) and (5) do not extend to a law of a State to the extent to which that law purports to confer any 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 Authority; or
 (b) a member; or
 (c) a Judge of the Federal Court;
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 Authority; or
 (b) a member; or
 (c) a Judge of the Federal Court;
from having concurrent duties, functions or powers under a law of a State in relation to the investigation of a matter or matters relating to federally relevant criminal activities, so long as the relevant law of the State is consistent with subsections (2) to (7) (inclusive).

 (10) Without limiting subsection (8), this Act is not intended to prevent:
 (a) the Commonwealth Minister; and
 (b) a Minister of the Crown of a State;
from separately referring a matter or matters relating to the same federally relevant criminal activity to the Authority for investigation.

This section does not limit section 15

 (11) This section does not limit section 15.

The same kind

 (12) To avoid doubt, for the purposes of this section:
 (a) a duty, function or power conferred on the Authority