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Recommendations
Recommendation 1
2.29 The
committee recommends that the Australian Crime Commission be required to,
without delay, develop and implement a consistent and reliable method for its
examiners to promptly and securely record their reasons for decision as
required by Part II Division 2 Subsections 28(1A) and 29(1A) of the Australian
Crime Commission Act 2002.
Recommendation 2
2.30 The
committee recommends that the amendment made to Part II Division 2 Subsections
28(1A) and 29(1A) of the Australian Crime Commission Act 2002 by the Australian
Crime Commission Amendment Act 2007 be repealed but that those subsections
be amended to ensure that the reasons for the decision must be recorded in writing
before the issuing of a summons or notice.
Recommendation 3
2.63 The
committee recommends that Part II Division 2 Subsections 28(8) and 29(5) of the
Australian Crime Commission Act 2002 be repealed.
Recommendation 4
2.84 The
committee recommends that Part II Division 2 Subsection 29B(4) of the Australian
Crime Commission Act 2002 be amended to include the Commonwealth Ombudsman.
Recommendation 5
3.59 The
committee notes that Sections 10 and 12 of the Australian Crime Commission
Amendment Act 2007 deems certain summonses and notices valid thereby
protecting any prosecution based on those summonses and notices. The committee
recommends that:
- the same practice be adopted in relation to summonses
and notices issued subsequent to the Australian Crime Commission Amendment
Act 2007 until now;
- but that henceforth, in line with Recommendation 2, the
practice of retrospectively recording reasons for the issue of summonses and
notices be immediately discontinued and that Sections 10 and 12 of the Australian
Crime Commission Amendment Act 2007 be repealed.
Recommendation 6
3.102 The
committee recommends that the Australian Crime Commission Act 2002 be
amended to include the statutory definition of contempt and the statutory power
of referral, plus ancillary provisions, proposed as clauses 34A and 34B in the National
Crime Authority Legislation Amendment Bill 2000 (except that the referral
be to the Federal Magistrates Court) for matters arising under Section 30 of
the Australian Crime Commission Act 2002.
Recommendation
7
3.110 As a corollary of Recommendation 6, or as an
alternative thereto, the committee urges the Commonwealth Attorney-General to negotiate
with the judiciary an expedited judicial process for matters referred by the
Australian Crime Commission under Part II Division 2 Section 30 of the Australian
Crime Commission Act 2002.
Recommendation 8
4.26 The
committee recommends that Part IV Section 61A of the Australian Crime
Commission Act 2002 be amended to require the Minister to cause an
independent review of the operation of the Australian Crime Commission Act
2002 every five years with the first review to be undertaken no later than
1 January 2011.
Recommendation 9
4.30 The
committee recommends that the Commonwealth Ombudsman be required to inspect
records made by the Australian Crime Commission examiners to ensure full
compliance with Part II Division 2 Sections 28 and 29 of the Australian
Crime Commission Act 2002 and that the Ombudsman report annually to the
Parliament on this matter.
Recommendation 10
4.31 The
committee recommends that at least once in each year the Commonwealth Ombudsman
be required to provide a briefing to the Parliamentary Joint Committee on the
Australian Crime Commission about the Australian Crime Commission's exercise of
the coercive powers under Part II Division 2 Sections 28 and 29 of the Australian
Crime Commission Act 2002 and that Part III Section 55AA of the Australian
Crime Commission Act 2002 be amended accordingly.
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