Chapter 2
Australian Crime Commission Annual Report 2013-14
Background
2.1
The ACC is established under the Australian Crime Commission Act 2002
(the ACC Act) as a statutory authority to combat serious and organised crime.[1]
2.2
It is the only agency 'solely dedicated to combating serious and
organised crime of national significance.'[2]
2.3
The ACC works with partners across law enforcement, national security,
government and industry and provides Australia with, 'the ability to discover,
understand and respond to federally relevant serious and organised crime.'[3]
Annual report compliance
2.4
The ACC annual report must comply with requirements specified in section
61 of the ACC Act. Subsection 61(2) requires that the report must include the
following:
-
a description of any investigation into matters relating to
federally relevant criminal activity that the ACC conducted during the year and
that the ACC Board determined to be a special investigation;
-
a description, which may include statistics, of any patterns or
trends, and the nature and scope, of any criminal activity that have come to
the attention of the ACC during that year in the performance of its functions;
-
any recommendations for changes in the laws of the Commonwealth,
of a participating State or of a Territory, or for administrative action, that,
as a result of the performance of the ACC’s functions, the ACC Board considers
should be made;
-
the general nature and the extent of any information furnished by
the CEO during that year to a law enforcement agency;
-
the general nature and the extent of any information disclosed by
the CEO during that year to a body corporate under section 59AB;[4]
-
the extent to which investigations by the ACC have resulted in
the prosecution in that year of persons for offences;
-
the extent to which investigations by the ACC have resulted in
confiscation proceedings;
-
particulars of the number and results of:
-
applications made to the Federal Court or the Federal Magistrates
Court under the Administrative Decisions (Judicial Review) Act 1977 for orders
of review in respect of matters arising under the ACC Act; and
-
other court proceedings involving the ACC;
-
being applications and proceedings that were determined, or
otherwise disposed of, during that year.[5]
2.5
The annual report notes that this is the last annual report of the ACC
to be produced pursuant to requirements set out in the Financial Management
and Accountability Act 1997 (FMA Act), due to the passage of the Public
Governance, Performance and Accountability Act 2013 (PGPA Act).[6]
2.6
As an FMA Act agency, the ACC must comply with the Requirements for
Annual Reports for Departments, Executive Agencies and FMA Act Bodies,
prepared by the Department of the Prime Minister and Cabinet and approved by
the Joint Committee of Public Accounts and Audit.[7]
2.7
Based on the committee's assessment, the annual report meets the above
requirements.
2.8
With respect to the PGPA Act, the annual report provides commentary in
relation to the new obligations:
There are new expectations set out in the PGPA Act that
relate to the way agencies conduct planning. In the coming year we will be
working toward compliance with the requirements and making any necessary
alterations to our planning framework.[8]
ACC priorities in 2013-14
2.9
The annual report notes that there were numerous priorities for the ACC
in 2013-14.
Investigations
2.10
The annual report notes that the ACC's investigations are designed to
disrupt and deter criminal groups by collecting intelligence and evidence.
Investigations approved by the ACC Board in 2013-14 include:
-
Highest Risk Criminal Targets
-
Highest Risk Criminal Targets—South Australia
-
Highest Risk Criminal Targets—Victoria
-
Targeting criminal wealth.[9]
Intelligence operations
2.11
Intelligence operations are designed to gather intelligence around
specific criminal activities (as opposed to groups). These operations are
subsequently informed by the extent, impact and threat of the criminal activities.
The ACC Board approved the following intelligence operations in 2013-14:
-
High Risk and Emerging Drugs
-
Outlaw Motor Cycle Gangs
-
National Security Impacts from Serious and Organised Crime
-
Making Australia Hostile to Serious and Organised Crime
-
National Indigenous Intelligence Task Force (Indigenous Violence
or Child Abuse)
-
Child Sex Offences.[10]
Contribution to law reform and parliamentary inquiries
2.12
The ACC has continued its engagement with various parliamentary
committees, serious and organised crime forums and whole-of-government
decisions. In 2013-14, the ACC contributed to the National Security Committee
of Cabinet, COAG's Law Crime and Community Safety Council and various
inter-governmental forums.
2.13
Specifically, the ACC contributed to parliamentary inquiries and other reviews
as follows:
-
Senate Legal and Constitutional Affairs References Committee—Comprehensive
revision of the Telecommunications (Interception and Access) Act 1979
-
Senate Legal and Constitutional Affairs Legislation
Committee—Crimes Legislation Amendment (Unexplained Wealth and Other Measures)
Bill 2014
-
Parliamentary Joint Committee on Law Enforcement—Inquiry into
financial related crime
-
Parliamentary Joint Committee on the Australian Commission for
Law Enforcement Integrity—Inquiry into the jurisdiction of the Australian
Commission for Law Enforcement Integrity
-
Victorian Parliamentary inquiry into the supply and use of
methylamphetamine, particularly ice in Victoria
-
Commonwealth review of Australia's anti-money
laundering/counter-terrorism financing regime
-
Hawke review of the Freedom of Information Act 1982 and the
Australian Information Commissioner Act 2010.[11]
Financial management
2.14
On 30 June 2014, the ACC comprised 562 staff across in nine offices
around Australia. This is a slight reduction from previous years, of 584 staff
at the conclusion of 2012-13 and 598 staff in 2011-12.[12]
2.15
The Australian National Audit Office (ANAO) determined that, with
respect to the ACC's financial statements, the ACC had followed the
requirements of the Finance Minister's Orders made under the FMA Act, including
the Australian Accounting Standards. Further, the ANAO opined that the ACCC had
given a true and fair view of the mattes required by the Finance Minister's
Orders, including its financial position as at 30 June 2014 and its financial
performance and associated cash flows in the preceding financial year.[13]
2.16
The ACC reported a deficit of $6.317 million in 2013-14, noting that
apart from the unfunded depreciation of $7.347 million, the ACC reported a
surplus of $1.030 million. The annual report notes:
Appropriated equity injections and appropriated Departmental
Capital Budgets do not impact the surplus or deficit. However, the ACC received
capital funding from portfolio agencies and the accounting treatment requires
this funding be recognised as revenue. This resulted in a surplus, as there was
no operating expenditure when the funding was used to purchase assets.
The surplus includes $1.215 million in capital funding
received from portfolio agencies for capital investment. With the exclusion of
capital funding the ACC returned a $0.185 million deficit for the financial
year, for which we had a Ministerial approved deficit of up to $0.443 million
for the finalisation of the National Indigenous Intelligence Task Force.[14]
Commonwealth Ombudsman
2.17
Section 10 of the Parliamentary Joint Committee on Law Enforcement
Act 2010 requires the Commonwealth Ombudsman, at least once per calendar
year, to brief the committee about the involvement of the ACC and AFP in
controlled operations under Part 1AB of the Crimes Act 1914 during the
preceding 12 months. In the usual manner, the committee has received the report
and it is currently under consideration.[15]
2.18
Based on the information provided by the Ombudsman, the committee is
satisfied that the ACC's controlled operations were conducted within the
relevant boundaries and requirements.
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