CRIME COMMISSION ACT 2012 - As at 23 September 2020 - Act 66 of 2012

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Object
• 4 Interpretation
• 5 Meaning of "relevant offence"
• 6 Notes

PART 2 - NEW SOUTH WALES CRIME COMMISSION

Division 1 - Constitution of Commission

• 7 Commission
• 8 Commissioner
• 9 Assistant Commissioners

Division 2 - Functions of Commission

• 10 Principal functions of Commission
• 11 Functions under Criminal Assets Recovery Act 1990
• 11A Functions under Law Enforcement Conduct Commission Act 2016
• 12 Information and reports with respect to government agencies and members of government agencies
• 13 Liaison with other bodies
• 14 Incidental powers of Commission
• 15 Delegation by Commission

Division 3 - Search warrants

• 16 Definitions
• 17 Search warrants
• 18 Dealing with seized things

Division 4 - Hearings

• 19 Hearings
• 20 Procedure at hearings generally
• 21 Hearings to be held in private
• 21A Provisions relating to directions as to presence at hearings
• 22 Legal representation
• 23 Evidence
• 24 Power to summon witnesses and take evidence
• 25 Failure of witnesses to attend and answer questions etc
• 26 Examination of witnesses
• 27 False or misleading evidence

Division 5 - Obtaining information, documents and things

• 28 Commission may require information from certain government agencies
• 29 Power to obtain documents and things
• 30 Refusal or failure of person to produce document or thing
• 31 Hearing following refusal or failure to produce document or thing

Division 6 - Refusal or failure to produce documents or things or answer questions

• 32 Definitions
• 33 Applications to Supreme Court for review of Commission's decisions concerning entitlement to refuse to take oath or affirmation, produce documents or things or answer questions
• 34 Decisions on review
• 35 Time for commencing prosecutions

Division 6A - Evidence of accused persons

• 35A Leave of Supreme Court to take evidence from accused person about the offence

Division 7 - Attendance before Commission

• 36 Arrest of witness
• 37 Conditional release of witness
• 38 Review by Supreme Court
• 39 Privilege concerning answers and documents
• 39A Derivative evidence
• 40 Religious confessions
• 41 Reimbursement of expenses of witnesses
• 42 Legal and financial assistance
• 43 Appearance of inmate before Commission

Division 8 - Protection of witnesses and evidence

• 44 Protection of witnesses
• 45 Publication or disclosure of evidence
• 45A Disclosure of evidence of accused about offence for which charged
• 45B Disclosure of evidence to DPP for indemnities and undertakings
• 45C Stay of proceedings
• 46 Indemnities and undertakings

Division 9 - Miscellaneous

• 47 Contempt of Commission
• 48 Protection from liability

PART 3 - NEW SOUTH WALES CRIME COMMISSION MANAGEMENT COMMITTEE

• 49 The Management Committee
• 50 Members of the Management Committee
• 51 Functions of the Management Committee
• 52 Review of references
• 53 Limitations on reference or renewal of reference
• 54 Notices referring matters for investigation
• 55 Independent legal advice
• 56 Commission may request reference
• 57 Directions and guidelines to Commission
• 58 Task forces to assist Commission
• 59 Furnishing of reports and information

PART 4 - (Repealed)

PART 5 - PARLIAMENTARY JOINT COMMITTEE

• 70 Definition
• 71 Functions

PART 6 - OFFICERS OF THE COMMISSION

Division 1 - General

• 72 Definition
• 73 Associated persons
• 74 Staff

Division 2 - Disclosure of financial interests and security

• 75 Disclosure of certain financial information
• 76 Changes in financial interests to be notified
• 77 Disclosure of pecuniary interests and other matters
• 78 Compliance with Division a condition of employment

PART 7 - MISCELLANEOUS

• 78A Vetting of prospective staff
• 78B Safeguards relating to use of vetting information
• 79 Public sittings and bulletins
• 80 Secrecy
• 80A Disclosure of information and giving of evidence by Commission to Ombudsman
• 81 Disclosures prejudicing investigations
• 82 Annual report
• 83 Counsel assisting Commission
• 84 Service of documents
• 85 Proceedings for offences
• 86 Regulations
87. (Repealed)
• 88 Review of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 4
Schedule 5 (Repealed)