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APPENDIX 1: Sections of Australian Crime Commission Act 2002 and Australian Federal Police Act 1979
Australian Crime Commission Act 2002
Section
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, when authorised by the Board, intelligence operations;
(c) to
investigate, when authorised by the Board, matters relating to federally
relevant criminal activity;
(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;
(g) such other
functions as are conferred on the ACC by other provisions of this Act or by any
other Act.
Federally relevant criminal
activity' is defined in section 4 of the Act and includes cybercrime as a
serious and organised crime offence.
(a) a relevant
criminal activity, where the serious and organised crime is an offence against a law of the Commonwealth or
of a Territory; or
(b) a relevant
criminal activity, where the serious and organised crime:
(i) is an offence against a law of
a State; and
(ii) has a federal aspect.
Section 4 also defines
serious and organised crime as 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 within the meaning of the Proceeds of Crime Act 2002, an
offence of a kind prescribed by the regulations or an offence that involves any
of the following:
...
(xix) cybercrime;
Australian Federal Police Act
1979
Section 8
Functions
1) The functions of the Australian Federal Police are:
...
(b) the provision of police
services in relation to:
(i) laws of the Commonwealth;
(ii) property of the Commonwealth (including
Commonwealth places) and property of authorities of the Commonwealth; and
(iii) the safeguarding of Commonwealth
interests;
...
(c) to do anything incidental or conducive to the performance of the
foregoing functions.
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