Commonwealth: Australian Crime Commission Act 2002 (Cth)

Australian Crime Commission Act 2002 No. 41, 1984 Compilation No. 75 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Australian Crime Commission Act 2002 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Repeal 4 Interpretation 4A When a State offence has a federal aspect 4B Examination material and examinee 4C Resolved 5 Act to bind Crown 6 Extension to external Territories 6A Application of the Criminal Code Part II—The Australian Crime Commission (the ACC) Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee Subdivision A—The Australian Crime Commission 7 Establishment of the Australian Crime Commission 7A Functions of the ACC Subdivision B—The Board of the ACC 7B Establishment of the Board 7C Functions of the Board 7D Board meetings 7E Presiding at Board meetings 7F Quorum at Board meetings 7G Voting at Board meetings 7H Conduct of Board meetings 7J Resolutions outside of Board meetings 7K Board committees 7L Recommendations to Inter‑Governmental Committee in relation to Board Subdivision C—The Inter‑Governmental Committee 8 Establishment and constitution of Inter‑Governmental Committee 9 Functions of Committee Division 1A—Performance of functions and exercise of powers 12 Performance of operations/investigations functions 13 Performance of national policing information functions 14 Performance of functions—general 15 Fees in relation to national policing information functions 15A National policing information charges 16 Limitation on challenge to Board determination 17 Co‑operation with law enforcement agencies and co‑ordination with overseas authorities 18 Directions and guidelines to Board 19 Incidental powers of ACC 19A Examiner may request information from agencies 20 Examiner may require information from agencies in certain cases 20A Arrangements for an examiner to obtain information etc. from State agencies 21 Arrangements for Board to obtain information or intelligence 21A Notices to produce a document or thing 21B Notices—disclosing information about a notice may be prohibited 21C Notices—offences of disclosure 21D Notices—legal practitioner not required to disclose privileged communications 21E Notices—self‑incrimination etc. 21F Notices—allowances for expenses 22 Search warrants 23 Application by telephone for search warrants 24 Order for delivery to examiner of travel documents of witness 24AA Use of and sharing returnable items 24AB When returnable items must be returned—general 24ABA Examiner may direct that returnable items be returned 24AC Issuing officer may permit a returnable item to be retained, forfeited etc. Division 2—Examinations 24A Examinations 25A Conduct of examination 25B Obtaining derivative material 25C Disclosing examination material to prosecutors of the examinee 25D Disclosing derivative material to prosecutors of the examinee 25E Court's powers to order disclosure and to ensure a fair trial 25F Certain material may always be disclosed to prosecutors of the examinee 25G Other matters about prosecutors and examinees 25H Proceeds of crime authorities and examinations 26 Reimbursement of expenses 27 Legal and financial assistance 28 Power to summon witnesses and take evidence 29A Summonses—disclosing information about a summons may be prohibited 29B Summonses—offences of disclosure 30 Failure of witnesses to attend and answer questions 31 Warrant for arrest of witness 33 False or misleading evidence 34 Protection of witnesses etc. 34A Contempt of the ACC 34B Federal Court or Supreme Court to deal with contempt 34C Conduct of contempt proceedings 34D Person in contempt may be detained 34E Examiner may withdraw contempt application 34F Relationship with section 12 35 Obstructing or hindering the ACC or an examiner etc. 35A Double jeopardy 36 Protection of examiners etc. Division 2A—Criminal intelligence assessments Subdivision A—Preliminary 36A Definitions Subdivision B—Criminal intelligence assessments 36B Conduct of criminal intelligence assessments 36C Giving of adverse criminal intelligence assessments to certain Commonwealth agencies 36D Person to be notified of adverse criminal intelligence assessment 36E Effect of preliminary advice by the ACC Subdivision C—Review of adverse criminal intelligence assessments 36F Applications to Tribunal 36P Restriction on further assessments after review 36Q Secrecy—criminal intelligence assessment information 36R Costs Division 3—Administrative provisions Subdivision A—Chief Executive Officer 37 Appointment of CEO 38 Remuneration and allowances of CEO 39 Leave of absence 40 Resignation 41 Disclosure of interests 42 Outside employment 43 Suspension of appointment 44 Termination of appointment 45 Other terms and conditions 46 Acting CEO 46A CEO to manage ACC etc. Subdivision B—Examiners 46B Appointment of examiners 46C Remuneration and allowances of examiners 46D Leave of absence 46E Resignation 46F Disclosure of interests 46G Outside employment 46H Termination of appointment 46J Other terms and conditions—general Subdivision C—Staff etc. 47 Staff 47A Termination of employment of member of staff for serious misconduct 48 Employment of consultants etc. 49 Staff to be seconded to ACC 50 Counsel assisting ACC Subdivision D—Secrecy 51 Secrecy Part IV—Miscellaneous 55A Operation of State laws 55B Choice of Commonwealth and State powers 55C No obligation to perform duties etc. 55D Transition from NCA to ACC 57 Application of Administrative Decisions (Judicial Review) Act 58 Administrative arrangements with States 59 Providing reports and information to members of Parliament 59AA Disclosing information to government bodies 59AAA Disclosure of information from criminal history checks 59AB Disclosing information to private sector bodies 59AC Restrictions on disclosing examination material or derivative material 59AD Publication of reports in relation to offences 59A Delegation 59B Liability for damages 59C National Policing Information Systems and Services Special Account 59D Credits to the Account 59E Purposes of the Account 60 Public meetings and bulletins 61 Annual report by the Chair of the Board 61AA Corporate plans 61A Review of operation of Act 62 Regulations Schedule 1—Prescribed provisions Schedule 2—Certain bodies not subject to section 19A Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Australian Crime Commission, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Australian Crime Commission Act 2002. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Repeal The National Crimes Commission Act 1982 is repealed. 4 Interpretation (1) In this Act, unless the contrary intention appears: ACC means the Australian Crime Commission established by section 7. ACC information means information that is in the ACC's possession. accredited body: see subsection 46A(5). against: a confiscation proceeding is against a person if: (a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or (b) for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law. appoint includes re‑appoint. Australian travel document has the same meaning as in the Australian Passports Act 2005. Board means the Board of the ACC. business includes: (a) any profession, trade, employment or vocational calling; (b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan); and (c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect. CEO means the Chief Executive Officer of the ACC. charged: a person is charged with an offence if a process for prosecuting the person for the offence commences. Charges Act means the Australian Crime Commission (National Policing Information Charges) Act 2016. child means any person who is under 18 years of age. child abuse means an offence relating to the abuse or neglect of a child (including a sexual offence) that is punishable by imprisonment for a period of 3 years or more. Commonwealth officer: (a) has the meaning given by subsection 3(1) of the Crimes Act 1914; and (b) includes members of the staff of the ACC. Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015. confiscation proceeding means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002, or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law. constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State. CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. derivative material means any evidence, information, document or thing obtained directly or indirectly from examination material. disclose, for examination material or derivative material, includes: (a) to make available; and (b) to disclose copies, contents or descriptions of that material. document has the same meaning as in the Evidence Act 1995. eligible Commonwealth Board member means the following members of the Board: (a) the Commissioner of the Australian Federal Police; (b) the Secretary of the Department; (c) the Comptroller‑General of Customs; (d) the Chairperson of the Australian Securities and Investments Commission; (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979; (f) the Commissioner of Taxation. eligible person means: (a) an examiner; or (b) a member of the staff of the ACC who is also a constable. examination means an examination under Division 2 of Part II. examination material has the meaning given by subsection 4B(1). examinee has the meaning given by subsection 4B(3). examiner means a person appointed under subsection 46B(1). federal aspect, in relation to an offence against a law of a State, has the meaning given by subsection 4A(2). Federal Court means the Federal Court of Australia. federally relevant crime means a relevant crime that is: (a) an offence against a law of the Commonwealth or of a Territory; or (b) an offence against a law of a State that has a federal aspect. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. foreign law enforcement agency means: (a) a police force (however described) of a foreign country; or (b) any other authority or person responsible for the enforcement of the laws of the foreign country. Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015. imminent: (a) a charge against a person is imminent if: (i) the person is a protected suspect; or (ii) the person is under arrest for an offence, but has not been charged with the offence; or (iii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or (b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding. Note: Subparagraph (a)(iii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge. in contempt of the ACC has the meaning given by section 34A. Indigenous person means a person (including a child) who is: (a) a person of the Aboriginal race of Australia; or (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands. Indigenous violence or child abuse means serious violence or child abuse against an Indigenous person. integrity authority means: (a) an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or (b) an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part. integrity operation means: (a) a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or (b) an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914. intelligence operation means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a federally relevant crime, but that may involve undertaking investigations relating to a federally relevant crime. However, an intelligence operation does not include an integrity operation. Inter‑Governmental Committee or Committee means the Inter‑Governmental Committee referred to in section 8. issuing officer means: (a) a Judge of the Federal Court; or (aa) a Judge of the Federal Circuit and Family Court of Australia (Division 2); or (b) a Judge of a court of a State or Territory. law enforcement agency means: (a) the Australian Federal Police; (b) a Police Force of a State; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the States. legal aid officer means: (a) a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or (b) a person to whom the Attorney‑General has delegated his or her powers and functions under section 27. legal practitioner means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory. member of the staff of the ACC means: (a) a member of the staff referred to in subsection 47(1); or (b) a person participating in a special ACC operation/investigation; or (c) a member of a task force established by the Board under paragraph 7C(1)(f); or (d) a person engaged under subsection 48(1); or (e) a person referred to in section 49 whose services are made available to the ACC; or (f) a legal practitioner appointed under section 50 to assist the ACC as counsel. national policing information means information that: (a) is collected by any of the following in the performance or exercise of its functions or powers: (i) the Australian Federal Police; (ii) the police force of a State; (iii) a body prescribed by the regulations; and (b) is of a kind prescribed by the regulations; but does not include the following: (c) any further information, opinion, interpretation or conclusion derived by the ACC from collected information; (d) any collected information included in an analysis, report or other presentation by the ACC of material referred to in paragraph (c). national policing information functions means the ACC's functions set out in paragraph 7A(fa). officer of a State includes: (a) a Minister of the Crown of a State; (b) a member of either House of the Parliament of a State or, if there is only one House of the Parliament of a State, a member of that House; (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a State; and (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a State or is an officer or employee of such an authority or body. officer of a Territory includes: (a) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of a Territory; and (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of a Territory or is an officer or employee of such an authority or body. officer of the Commonwealth includes: (a) a Minister of State of the Commonwealth; (b) a member of either House of the Parliament of the Commonwealth; (c) a person holding or acting in an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth; and (d) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth or is an officer or employee of such an authority or body; but does not include an officer of a Territory. official matter means any of the following (whether past, present or contingent): (a) a determination referred to in subsection 28(2); (b) a special ACC operation/investigation; (c) an examination held by an examiner; (d) a court proceeding. Ombudsman means the Commonwealth Ombudsman. ONI means the Office of National Intelligence. participating State means a State the Premier of which: (a) has notified the Prime Minister that the State will participate in the activities of the Inter‑Governmental Committee; and (b) has not subsequently notified the Prime Minister that the State will not participate in the activities of the Committee. passport means an Australian passport or a passport issued by the Government of a country other than Australia. permissible purpose means one or more of the following purposes: (a) performing functions referred to in section 7A or 7C; (b) preventing, detecting, investigating, prosecuting or punishing: (i) criminal offences or activities that might constitute criminal offences (including under a law of a foreign country); or (ii) contraventions of a law of the Commonwealth, a State or a Territory imposing a penalty or sanction (including taking civil remedies in relation to contraventions of such laws); or (iii) seriously improper conduct (including professional misconduct or misconduct by a public official); (c) preventing, detecting or investigating threats to national security; (d) preventing serious threats to an individual's life, health or safety, or to public health or public safety; (e) enforcing laws (including laws of foreign countries) relating to proceeds of crime; (f) enforcing laws (including laws of foreign countries) relating to unexplained wealth; (g) protecting public revenue; (h) developing government policy; (i) researching criminology; (j) any other purpose prescribed by the regulations. post‑charge: (a) a use or disclosure of examination material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (b) material is post‑charge examination material if the material becomes examination material at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (c) an examination is a post‑charge examination if the examination commences at a time when: (i) the examinee has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (d) a summons is a post‑charge summons if the summons is issued to a person at a time when: (i) the person has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent. post‑confiscation application: (a) a use or disclosure of examination material or derivative material is a post‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (b) material is post‑confiscation application examination material if the material becomes examination material at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (c) an examination is a post‑confiscation application examination if the examination commences at a time when: (i) a related confiscation proceeding has commenced against the examinee and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (d) a summons is a post‑confiscation application summons if the summons is issued to a person at a time when: (i) a related confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or (ii) such a proceeding is imminent. pre‑charge: (a) a use or disclosure of examination material or derivative material is a pre‑charge use or disclosure if the use or disclosure happens at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (b) material is pre‑charge examination material if the material becomes examination material at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (c) an examination is a pre‑charge examination if the examination commences at a time when: (i) the examinee has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved. pre‑confiscation application: (a) a use or disclosure of examination material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (b) material is pre‑confiscation application examination material if the material becomes examination material at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (c) an examination is a pre‑confiscation application examination if the examination commences at a time when: (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved. proceeds of crime authority means: (a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or (b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002). prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or a State or Territory to prosecute an offence. prosecutor, of an examinee, means an individual: (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and (b) who: (i) makes, or is involved in the making of, a decision whether to prosecute the examinee for a related offence; or (ii) is one of the individuals engaging in such a prosecution of the examinee. protected suspect means: (a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914); or (b) a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory. related confiscation proceeding means: (a) for examination material, derivative material or an examinee—a confiscation proceeding if the subject matter of the relevant examination relates to the subject matter of the proceeding; or (b) for a summons—a confiscation proceeding if the subject matter of the summons relates to the subject matter of the proceeding. related offence means: (a) for examination material, derivative material or an examinee—an offence if the subject matter of the relevant examination relates to the subject matter of the offence; or (b) for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence. relevant crime means a serious and organised crime or Indigenous violence or child abuse: (a) that may have been, may be being, or may in future be, committed; and (b) that is an offence against a law of the Commonwealth, of a State or of a Territory. Note: See also subsection (2) (which expands the meaning of relevant crime in certain circumstances). resolved has the meaning given by section 4C. returnable item means: (a) a thing seized under a warrant issued under section 22; or (b) a thing, or a document, produced: (i) under a notice issued under section 21A; or (ii) during an examination conducted under Division 2 of Part II. secrecy provision means: (a) a provision of a law of the Commonwealth, of a State or of a Territory, being a provision that purports to prohibit; or (b) anything done, under a provision of a law of the Commonwealth, of a State or of a Territory, to prohibit; the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing. serious and organised crime means an offence: (a) that involves 2 or more offenders and substantial planning and organisation; and (b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and (c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and (d) that is a serious offence, an offence against Subdivision B or C of Division 471, or D or F of Division 474, of the Criminal Code, an offence of a kind prescribed by the regulations or an offence that involves any of the following: (i) theft; (ii) fraud; (iii) tax evasion; (iv) money laundering; (v) currency violations; (vi) illegal drug dealings; (vii) illegal gambling; (viii) obtaining financial benefit by vice engaged in by others; (ix) extortion; (x) violence; (xi) bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory; (xii) perverting the course of justice; (xiii) bankruptcy and company violations; (xiv) harbouring of criminals; (xv) forging of passports; (xvi) firearms; (xvii) armament dealings; (xviii) illegal importation or exportation of fauna into or out of Australia; (xix) cybercrime; (xx) matters of the same general nature as one or more of the matters listed above; and (da) that is: (i) punishable by imprisonment for a period of 3 years or more; or (ii) a serious offence; but: (e) does not include an offence committed in the course of a genuine dispute as to matters pertaining to the relations of employees and employers by a party to the dispute, unless the offence is committed in connection with, or as part of, a course of activity involving the commission of a serious and organised crime other than an offence so committed; and (f) does not include an offence the time for the commencement of a prosecution for which has expired. serious misconduct, by a member of the staff referred to in subsection 47(1), has the meaning given by subsection 47A(8). serious offence: (a) in the definition of serious and organised crime—has the meaning given by the Proceeds of Crime Act 2002; and (b) otherwise—has the meaning given by subsection 3C(1) of the Crimes Act 1914. serious violence means an offence involving violence against a person (including a child) that is punishable by imprisonment for a period of 3 years or more. special ACC investigation means an investigation relating to a federally relevant crime that the Board has authorised to occur under subsection 7C(3). Note: A special ACC investigation can occur only while a determination under subsection 7C(3) is in force (see subsection 7C(4F)). special ACC operation means an intelligence operation that the Board has authorised to occur under subsection 7C(2). Note: A special ACC operation can occur only while a determination under subsection 7C(2) is in force (see subsection 7C(4E)). special ACC operation/investigation means: (a) a special ACC operation; or (b) a special ACC investigation. However, a special ACC operation/investigation does not include an integrity operation. State includes the Australian Capital Territory and the Northern Territory. State or Territory law enforcement agency has the meaning given by subsection 3ZQU(7) of the Crimes Act 1914. taxation secrecy provision means a secrecy provision that is a provision of a law that is a taxation law for the purposes of the Taxation Administration Act 1953. Territory does not include the Australian Capital Territory or the Northern Territory. terrorism offence has the same meaning as in subsection 3(1) of the Crimes Act 1914. terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code. the Commonwealth Minister or the Minister means the Minister of State administering this Act. use, for examination material or derivative material, includes use of copies, contents or descriptions of that material. (1A) For all purposes, if an expression defined in subsection (1) contains "ACC", the expression when used as so defined may also be referred to by replacing "ACC" with any name or acronym specified under subsection 7(1A). Example: Expressions to which this subsection applies, including the following, may be used in a document by replacing "ACC" with any name or acronym by which the ACC may also be known: (a) ACC information; (b) special ACC operation/investigation; (c) member of the staff of the ACC. (1B) Subsection (1A) does not limit subsection 7(1A). (2) If the head of a special ACC operation/investigation suspects that an offence (the incidental offence) that is not a relevant crime may be directly or indirectly connected with, or may be a part of, a course of activity involving the commission of a relevant crime (whether or not the head has identified the nature of that relevant crime), then the incidental offence is, for so long only as the head so suspects, taken, for the purposes of this Act, to be a relevant crime. (3) In this Act: (a) a reference to the Parliament of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Legislative Assembly for that Territory; and (ii) in relation to the Northern Territory—a reference to the Legislative Assembly of that Territory; and (b) a reference to the Governor of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Governor‑General; and (ii) in relation to the Northern Territory—a reference to the Administrator of that Territory; and (c) a reference to the Premier of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to the Chief Minister of that Territory; and (ii) in relation to the Northern Territory—a reference to the Chief Minister of that Territory; and (d) a reference to a Minister of the Crown of a State is to be read as: (i) in relation to the Australian Capital Territory—a reference to a person appointed as a Minister under section 41 of the Australian Capital Territory (Self‑Government) Act 1988; and (ii) in relation to the Northern Territory—a reference to a person holding Ministerial office within the meaning of the Northern Territory (Self‑Government) Act 1978. 4A When a State offence has a federal aspect Object (1) The object of this section is to identify State offences that have a federal aspect because: (a) they potentially fall within Commonwealth legislative power because of: (i) the elements of the State offence; or (ii) the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be elements of the offence); or (b) either: (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory. Federal aspect (2) For the purposes of this Act, a State offence has a federal aspect if, and only if: (a) both: (i) the State offence is not an ancillary offence; and (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (b) both: (i) the State offence is an ancillary offence that relates to a particular primary offence; and (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or (c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or (d) both: (i) the ACC is undertaking an investigation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an investigation relating to a relevant crime that is the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or (e) both: (i) the ACC is undertaking an intelligence operation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that intelligence operation is, or would be, incidental to the intelligence operation mentioned in subparagraph (i). Specificity of acts or omissions (3) For the purposes of paragraph (2)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence). State offences covered by paragraph (2)(c) (4) A State offence is taken to be covered by paragraph (2)(c) if: (a) the State offence affects the interests of: (i) the Commonwealth; or (ii) an authority of the Commonwealth; or (iii) a constitutional corporation; or (b) the State offence was committed by a constitutional corporation; or (c) the State offence was committed in a Commonwealth place; or (d) the State offence involved the use of a postal service or other like service; or (e) the State offence involved an electronic communication; or (f) the State offence involved trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (g) the State offence involved: (i) banking (other than State banking not extending beyond the limits of the State concerned); or (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or (h) the State offence relates to a matter outside Australia. (5) Subsection (4) does not limit paragraph (2)(c). Definitions (6) In this section: ancillary offence, in relation to an offence (the primary offence), means: (a) an offence of conspiring to commit the primary offence; or (b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or (c) an offence of attempting to commit the primary offence. Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. electronic communication means a communication of information: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms; by means of guided and/or unguided electromagnetic energy. intelligence operation means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant crime, but that may involve undertaking investigations relating to a relevant crime. State offence means an offence against a law of a State. 4B Examination material and examinee (1) Examination material is: (a) any evidence given by a person before an examiner at an examination; or (b) a document or thing produced by a person to an examiner at an examination; or (c) any information that might enable a person who has given evidence before an examiner at an examination to be identified; or (d) the fact that a person has given or may be about to give evidence at an examination. (2) To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at an examination. Example: Before a document is produced at an examination, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not examination material. (3) The examinee is: (a) for an examination or examination material—the person referred to in paragraph (1)(a), (b), (c) or (d); or (b) for derivative material—the person who is the examinee for the examination material from which the derivative material was obtained. 4C Resolved (1) A charge for an offence is resolved in relation to a person at the later of the following times: (a) when: (i) the charge is withdrawn; or (ii) the charge is dismissed; or (iii) the person is not committed on the charge following a committal hearing; or (iv) the person is acquitted of the offence; or (v) the person is sentenced for the offence; or (vi) the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or (vii) the charge is otherwise finally dealt with; (b) if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends; (c) if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined. Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined. (2) A confiscation proceeding is resolved in relation to a person at the later of the following times: (a) when the proceeding is discontinued; (b) if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends; (c) if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined. Despite paragraph (b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined. 5 Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of the Australian Capital Territory. 6 Extension to external Territories This Act extends to all the external Territories. 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Part II—The Australian Crime Commission (the ACC) Division 1—Establishment and functions of the Australian Crime Commission, the Board and the Inter‑Governmental Committee Subdivision A—The Australian Crime Commission 7 Establishment of the Australian Crime Commission (1) The Australian Crime Commission is established by this section. (1A) The ACC may also be known by one or more names or acronyms specified in the regulations. Note: See also subsections 4(1A) and (1B), 7B(1A) and 37(5). (2) The ACC consists of: (a) the CEO; and (b) the examiners; and (c) the members of the staff of the ACC. (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the ACC is a listed entity; and (b) the CEO is the accountable authority of the ACC; and (c) the following persons are officials of the ACC: (i) the CEO; (ii) the examiners; (iii) the staff of the ACC referred to in subsection 47(1); (iv) consultants engaged under subsection 48(1); (v) persons whose services are made available to the ACC under section 49; and (d) the purposes of the ACC include: (i) the functions of the ACC referred to in section 7A; and (ii) the functions of the CEO referred to in section 46A. 7A Functions of the ACC The ACC has the following functions: (a) to collect, correlate, analyse and disseminate criminal information and intelligence and to maintain a national database of that information and intelligence; (b) to undertake special ACC operations; (c) to undertake special ACC investigations; (ca) to do any of the following (whether in its own name or through officers or members of staff of the ACC), as permitted or required for the purposes of Part IAB or IABA of the Crimes Act 1914 or any other law of the Commonwealth: (i) to apply for, and to grant, integrity authorities in relation to members of staff of the ACC; (ii) to conduct and participate in integrity operations in relation to members of staff of the ACC; (iii) to assist the Australian Federal Police, the Immigration and Border Protection Department or the National Anti‑Corruption Commission in making applications for integrity authorities; (iv) to assist those agencies in the conduct of integrity operations; (d) to provide reports to the Board on the outcomes of those operations or investigations; (e) to provide strategic criminal intelligence assessments, and any other criminal information and intelligence, to the Board; (f) to provide advice to the Board on national criminal intelligence priorities; (fa) to provide systems and services relating to national policing information, including the following: (i) collecting, correlating and organising national policing information; (ii) providing access to national policing information; (iii) supporting and facilitating the exchange of national policing information; (iv) providing nationally coordinated criminal history checks on payment of a charge imposed by the Charges Act; (g) such other functions as are conferred on the ACC by other provisions of this Act or by any other Act. Subdivision B—The Board of the ACC 7B Establishment of the Board (1) The Board of the ACC is established by this section. (1A) The Board of the ACC may also refer to itself, and be referred to, by replacing "ACC" with any name or acronym specified under subsection 7(1A). Board members (2) The Board consists of the following members: (a) the Commissioner of the Australian Federal Police; (b) the Secretary of the Department; (c) the Comptroller‑General of Customs; (d) the Chairperson of the Australian Securities and Investments Commission; (e) the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979; (f) the Commissioner or head (however described) of the police force of each State and of the Northern Territory; (g) the Chief Police Officer of the Australian Capital Territory; (h) the CEO; (i) the Commissioner of Taxation. Chair (3) The Commissioner of the Australian Federal Police is the Chair of the Board. 7C Functions of the Board (1) The Board has the following functions: (a) to determine national criminal intelligence priorities; (aa) to determine priorities in relation to national policing information systems and services; (b) to provide strategic direction to the ACC and to determine the priorities of the ACC; (c) to authorise, by determination made under subsection (2), an intelligence operation to occur; (d) to authorise, by determination made under subsection (3), an investigation relating to a federally relevant crime to occur; (e) to determine, in writing, the class or classes of persons to participate in such an operation or investigation; (f) to establish task forces; (g) to disseminate to law enforcement agencies or foreign law enforcement agencies, or to any other agency or body of the Commonwealth, a State or a Territory prescribed by the regulations, strategic criminal intelligence assessments provided to the Board by the ACC; (ga) to make recommendations to the Minister about expenditure from the National Policing Information Systems and Services Special Account; (gb) to make recommendations to the Minister about charges for national policing information services (including criminal history checks); (gc) to determine, in writing, policies and give directions to the CEO in relation to the following: (i) disclosing national policing information; (ii) approving a body as an accredited body; (gd) to determine, in writing, any conditions or restrictions in relation to providing nationally coordinated criminal history checks; (h) to report to the Inter‑Governmental Committee on the ACC's performance; (i) such other functions as are conferred on the Board by other provisions of this Act. Note: The CEO must determine, in writing, the head of a special ACC operation or a special ACC investigation: see subsection 46A(2A). Special ACC operations/investigations (2) The Board may make a determination, in writing, authorising an intelligence operation to occur. Note 1A: An intelligence operation that the Board has authorised to occur under this subsection is a special ACC operation (see the definition of special ACC operation in subsection 4(1)). Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination. Note 2: See also Division 2 for the examination powers available if a determination is made. (3) The Board may make a determination, in writing, authorising an investigation relating to a federally relevant crime to occur. Note 1A: An investigation relating to a federally relevant crime that the Board has authorised to occur under this subsection is a special ACC investigation (see the definition of special ACC investigation in subsection 4(1)). Note 1: See also subsection 7G(4) for the voting rule that applies in relation to such a determination. Note 2: See also Division 2 for the examination powers available if a determination is made. (4) A determination under subsection (2) or (3) may identify the federally relevant crime to which the determination relates at whatever level of generality the Board considers appropriate including (without limitation) by reference to: (a) categories of federally relevant crimes; or (b) categories of suspected offender; or (c) specific allegations of federally relevant crimes; or (d) specific offenders; or (e) any combination of the above. (4A) The only condition for the exercise of the power under subsection (2) or (3) is that the Board considers, on the basis of the collective experience of the Board members voting at the meeting when a determination is made, that it is in the public interest that the Board authorise an intelligence operation, or an investigation relating to a federally relevant crime, to occur. (4B) To avoid doubt, a determination under subsection (2) or (3) can be made, and has effect, regardless of whether the ACC: (a) is, at the time the determination is made, already investigating any or all of the federally relevant crimes to which the determination relates; or (b) subsequently investigates any or all of the federally relevant crimes to which the determination relates by any means other than through the exercise by an examiner of the powers under Division 2; or (c) decides to investigate any or all of the federally relevant crimes to which the determination relates because of a request for assistance by another law enforcement agency. (4C) A determination under subsection (2) or (3) must, to the extent that the Board reasonably considers appropriate having regard to the level of generality at which it is authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur, set out the purposes of the operation or investigation. (4CA) To avoid doubt, a determination under subsection (2) or (3) authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur is not required to specify: (a) any particular offence or offences; or (b) any particular conduct, transaction or person to which the investigation or operation relates; or (c) any timeframe within which: (i) any federally relevant crime may have been, may be being, or may in future be, committed; or (ii) the investigation or operation must commence or be completed. (4D) The Board may, at any time, revoke a determination made under subsection (2) or (3). (4E) A special ACC operation can be undertaken only while a determination under subsection (2) is in force. (4F) A special ACC investigation can be undertaken only while a determination under subsection (3) is in force. (4G) A determination under subsection (2) or (3) is in force during the period: (a) beginning immediately after the determination is made; and (b) ending at the earliest of the following: (i) the end of the period of 3 years beginning immediately after the determination is made; (ii) the end of the day on which the determination is revoked under subsection (4D); (iii) if the determination is revoked under subsection 9(7)—when the CEO is notified of the revocation. (4H) Paragraph (4G)(b) does not prevent the making of another determination under subsection (2) or (3) in the same terms as the expired or revoked determination. (4J) The validity of the determination is not affected by any failure to comply with subsection (4C). (4K) A determination made under subsection (2) or (3) is not a legislative instrument. Informing the Inter‑Governmental Committee (5) The Chair of the Board must, within the period of 7 days beginning on the day a determination under subsection (2) or (3) is made, give a copy of the determination to the Inter‑Governmental Committee. Recommendations about charges for national policing information services (7) Before the end of each financial year, the Board must recommend to the Minister in writing that the Minister either: (a) vary the legislative instrument under section 7 of the Charges Act in accordance with the recommendation; or (b) not vary the legislative instrument made under section 7 of the Charges Act. (8) In making the recommendation, the Board: (a) must have regard to the principle that the charges and other fees imposed for national policing information services should cover the costs to the ACC of providing national policing information systems and services; and (b) may have regard to any other matter the Board considers relevant. (9) If the Board recommends that the Minister vary the instrument, the recommendation must set out the matters considered by the Board. 7D Board meetings (1) The Chair of the Board may convene meetings of the Board. (2) The Chair, in exercising his or her power to convene meetings, must ensure that meetings of the Board are scheduled to meet the following requirements: (a) the first meeting of the Board must be within 2 months after the commencement of this section; (b) there must be a minimum of 2 meetings each calendar year; (c) the Board must meet in accordance with the schedule of Board meetings determined by the Board under this section. (3) The Board, at its first meeting, must determine, in writing, a schedule of Board meetings. 7E Presiding at Board meetings A meeting of the Board must be presided over by: (a) if the Chair of the Board is present—the Chair; or (b) otherwise—another eligible Commonwealth Board member who is present and who is nominated, in writing, by the Chair to preside. 7F Quorum at Board meetings At a meeting of the Board a quorum is constituted by 9 Board members (not including the CEO). 7G Voting at Board meetings (1) Subject to this section, a question arising at a meeting of the Board is to be determined by a majority of the votes of Board members present. Person presiding has a casting vote (2) The person presiding at a meeting has: (a) a deliberative vote; and (b) if necessary, also a casting vote. CEO is not a voting member (3) The CEO is not entitled to vote on any question arising at a meeting of the Board. Voting for special ACC operations/investigations (4) The Board cannot make a determination under subsection 7C(2) or (3) unless at least 9 Board members (including at least 2 eligible Commonwealth Board members) vote in favour of making the determination. 7H Conduct of Board meetings (1) The Board may regulate proceedings at its meetings as it considers appropriate. Note: Section 33B of the Acts Interpretation Act 1901 provides for people to participate in meetings by various means of communication (e.g. telephone). (2) The Board must ensure that minutes of its meetings are kept. 7J Resolutions outside of Board meetings (1) This section applies to a resolution: (a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and (b) of which: (i) if subparagraph (ii) does not apply—a majority of those members (not including the CEO); or (ii) if the resolution is that the Board make a determination under subsection 7C(2) or (3)—at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members); indicate by telephone or other mode of communication to the Chair of the Board that they are in favour. (2) The resolution is as valid and effectual as if it had been passed at a meeting of the Board duly convened and held. 7K Board committees (1) The Board may, with the unanimous agreement of all the members of the Board (not including the CEO), establish a committee or committees to assist in carrying out the functions of the Board. (2) The Board may dissolve a committee at any time. Functions (3) The functions of a committee are as determined by the unanimous agreement of all the members of the Board (not including the CEO). (4) However, the Board cannot determine that a committee has the function of making a determination under subsection 7C(2) or (3). (5) In performing its functions, a committee must comply with any directions given to the committee by the Board. Voting (6) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present. (7) However, the CEO is not entitled to vote on any question arising at a meeting of a committee of which he or she is a member. Informing other Board members of decisions (8) A committee must inform the other members of the Board of its decisions. Conduct of committee meetings (9) A committee may regulate proceedings at its meetings as it considers appropriate. (10) A committee must ensure that minutes of its meetings are kept. 7L Recommendations to Inter‑Governmental Committee in relation to Board (1) The Board may make recommendations to the Inter‑Governmental Committee in relation to the composition and functioning of the Board. (2) If the Board recommends that the composition of the Board be changed, the Board must also recommend what changes (if any) should be made to section 7F (quorum at Board meetings), section 7G (voting at Board meetings) and section 7J (resolutions outside of Board meetings). Subdivision C—The Inter‑Governmental Committee 8 Establishment and constitution of Inter‑Governmental Committee (1) There is hereby established an Inter‑Governmental Committee consisting of: (a) a member to represent the Commonwealth, being the Commonwealth Minister; and (b) in the case of each participating State—a member to represent that State, being a Minister of the Crown of that State nominated by the Premier of that State. (2) The Commonwealth Minister may appoint a person as his or her delegate to attend a meeting of the Committee at which the Commonwealth Minister is not present. (3) A member of the Committee for the time being representing a State may appoint a person as his or her delegate to attend a meeting of the Committee at which that member is not present. (4) Where a person attends a meeting of the Committee as the delegate of the member representing the Commonwealth or as the delegate of a member representing a State, the delegate shall be deemed to be the member representing the Commonwealth or that State, as the case may be. (5) Meetings of the Committee shall be held at such times and places as are from time to time agreed upon by the members of the Committee. There must be a minimum of 2 meetings each calendar year. (6) At a meeting of the Committee: (a) a quorum is constituted by: (i) if every State is a participating State—5 members of the Committee; or (ii) in any other case—not less than one‑half of the members of the Committee; (b) the member representing the Commonwealth shall preside; (c) each member of the Committee (including the member presiding) has a deliberative vote but the member of the Committee presiding does not have a casting vote; and (d) subject to this Act, questions arising shall be decided by a majority of the votes of the members of the Committee present. (7) A resolution: (a) which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and (b) of which: (i) if subparagraph (ii) does not apply—a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or (ii) if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)—the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held. (8) Subject to the foregoing provisions of this section, the Committee may determine its procedure and for that purpose may make rules of procedure, including rules relating to the convening of meetings and the conduct of business at meetings, and may from time to time alter rules so made. (9) Any member of the Board may, with the consent of the members of the Committee present at a meeting of the Committee, attend that meeting and participate in the discussion of matters arising at the meeting. 9 Functions of Committee (1) The Committee has the following functions: (a) to monitor generally the work of the ACC and the Board; (b) to oversee the strategic direction of the ACC and the Board; (c) to receive reports from the Board for transmission to the Governments represented on the Committee and to transmit those reports accordingly; (d) such other functions as are conferred on the Committee by other provisions of this Act. Request for more information about special determination (2) Within the period of 30 days beginning on the day the Committee is given a copy of a determination (a special determination) under subsection 7C(2) or (3), the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, request the Chair of the Board to give further information to the Committee in relation to the determination. (3) Subject to subsection (4), the Chair of the Board must comply with the request. (4) If the Chair of the Board considers that disclosure of information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Chair must not give the Committee the information. (5) If the Chair of the Board does not give the Committee information on the ground that the Chair considers that disclosure of the information to the public could prejudice the safety or reputation of persons or the operations of law enforcement agencies, the Committee may refer the request to the Minister. (6) If the Committee refers the request to the Minister, the Minister: (a) must determine in writing whether disclosure of the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies; and (b) must provide copies of that determination to the Chair of the Board and the Committee; and (c) must not disclose his or her reasons for determining the question of whether the information could prejudice the safety or reputation of persons or the operations of law enforcement agencies in the way stated in the determination. Revoking the special determination (7) Within the period of 30 days beginning on the day the Committee makes a request under subsection (2) in relation to a special determination, the Committee may by resolution, with the agreement of the member of the Committee representing the Commonwealth and at least 5 other members of the Committee, revoke the determination. (8) The Committee must notify the Chair of the Board and the CEO of the revocation. The revocation takes effect when the CEO is so notified. (9) To avoid doubt, the revoking of the determination does not affect the validity of any act done in connection with the special ACC operation/investigation concerned before the CEO is so notified. Committee under no duty to consider whether to exercise powers (10) The Committee does not have a duty to consider whether to exercise the power under subsection (2) or (7) in respect of any special determination, whether the Committee is requested to do so by any person, or in any other circumstances. Division 1A—Performance of functions and exercise of powers 12 Performance of operations/investigations functions (1) Where the ACC, in carrying out a special ACC operation/investigation, obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence,