Document ID: chunk:federal_register_of_legislation:C2004A00726:clause:1_55a:p1
Version: federal_register_of_legislation:C2004A00726
Segment Type: clause
Provision Reference: sch 1 cl 55A (pt 1/3)
Character Range: 10160–12743

55A  Operation of State laws—investigation of offences against State laws

Object

 (1) The main object of this section is to give legislative consent to the conferral on:
 (a) the Authority; or
 (b) a member; or
 (c) a Judge of the Federal Court;
of certain duties, functions and powers under State laws.

Authority

 (2) A law of a State may confer on the Authority 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 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);
 (b) a duty, function or power that:
 (i) is for the purposes of an investigation referred to in paragraph (a); and
 (ii) is of the same kind as a duty, function or power conferred on the Authority by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter).

 (3) A law of a State is not effective to confer on the Authority the function of investigating a matter relating to a relevant criminal activity unless:
 (a) the conferral of the function involves a Minister of the Crown of that State, by notice in writing to the Authority, referring that matter to the Authority for investigation; and
 (b) that reference is made with the approval of the Inter‑Governmental Committee; and
 (c) the Commonwealth Minister has consented to the Authority performing the function of investigating that matter.

Member

 (4) A law of a State may confer on a member 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 member by this Act or any other Act (whether or not the last‑mentioned duty, function or power relates to the investigation of that matter).

Judge of the Federal Court

 (5) A law of a State may 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