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Chapter 4
Australian Crime Commission activities 2012-13
4.1
This chapter provides an overview of the ACC's programs and respective
activities over the 2012-13 period of review.
Program 1.1.1 Strategic Intelligence Services
4.2
Deliverables in relation to the ACC's Strategic Criminal Intelligence Services
program include the provision of:
-
an annual assessment of National Criminal Intelligence Priorities
(NCIPs) for ACC board endorsement;
-
intelligence-sharing mechanisms including the Fusion Capability;
-
intelligence products to law enforcement agencies containing
analysis of organised crime trends, methodologies and significant targets and
emerging issues;
-
a biennial Organised Crime Threat Assessment which underpins the
Commonwealth and National Organised Crime Response Plans; and
-
strategic intelligence reports.[1]
Efforts to improve criminal
intelligence
4.3
During the review period, the ACC revised its target risk assessment
methodology (TRAM 2) after consultations with stakeholder agencies. The new
methodology was incorporated into the National Target System (NTS) and provides
a framework for updating National Criminal Target List records. The annual
report states that it the NTS 'applies 18 threat variables such as violence,
involvement in money laundering and access to financial resources.'[2]
TRAM 2 aids the ACC and other agencies to evaluate and prioritise serious and
organised crime groups.
4.4
In addition to providing TRAM 2 training to law enforcement agencies in
Australian states and territories, training was also provided to the New
Zealand Police in Wellington by request, facilitating the addition of New
Zealand records to the National Target System.[3]
4.5
The ACC developed a new summary product, the Products Brief, to
heighten awareness and raise the visibility of the ACC's range of analytical
products. These briefs have been well received by partner agencies, as they
capture all ACC analytical products: 'the brief gives detailed information on
each product, including which NCIP it addresses.' If it is relevant, the brief
also includes whether a report contains sensitive or restricted information.[4]
4.6
The ACC also noted that it finalised the Australian Criminal
Intelligence Model, following two years of development work, negotiation and
agreement by intelligence experts from 17 Commonwealth, state and territory
agencies. The agreement assists the flow of criminal intelligence across three
major areas: policing and community safety; serious and organised crime; and
national security. The ACC notes that this is 'a significant step towards
treating criminal intelligence as a national asset—something that is collected
once and used often for the benefit of many.'[5]
Key criminal intelligence
publications
4.7
The flagship ACC criminal intelligence publications which are
highlighted in the annual report include:
-
National Criminal Target Report 2013 which details the
risk posed by known organised crime groups operating in Australia. The report
complements the National Criminal Target List which identifies organised crime
risks. The report provides details on changes in risk, target numbers, market
involvement, geographic location and key implications for the future.[6]
-
Illicit Drug Data Report 2011-12 which was launched
in May 2013. It details the extent of the illicit drug market in Australia. In
2011-12, there were 76 083 national illicit drug seizures weighing a
record of 23.8 tonnes—the highest number of seizures reported in the last
decade. This included a single seizure of 11 tonnes of hypophosphorous
acid, which is used in the production of methylamphetamine, that accounted for
56.8 per cent of the total weight of illicit drugs seized nationally. This large
seizure meant this was only the second time that cannabis had not accounted for
the greatest proportion of the weight of national seizures.[7]
Other notable statistics in the report include:
-
93 148 people were arrested for illicit drug offences in 2011-12,
the highest number of arrests reported in the last decade; and
-
a record number of 809 clandestine laboratories were detected in
Australia in 2011-12.[8]
-
Organised Crime 2020 report which forecasts likely trends
in the organised crime environment by assessing emerging issues drawn from
Australian and international law enforcement and other intelligence resources.[9]
-
Organised Crime in Australia 2013 report which is an
unclassified version of the Organised Crime Threat Assessment.[10]
Strategic assessments and policy
support
4.8
During the review period, the ACC produced 12 strategic assessments
covering topics such as drugs in sport, public sector corruption, environmental
crime and transnational organised crime in East Asia and the Pacific.[11]
Program 1.1.2—Investigations and intelligence operations into federally
relevant criminal activity
4.9
The three components of ACC investigations and operations program are:
-
special investigations;
-
special operations; and
-
national database and analytical tools.[12]
4.10
During the review period, the ACC worked on four special investigations
and five special operations.[13]
4.11
Through its special investigations and special operations, the ACC
helped to:
-
disrupt a total of 26 criminal targets;
-
stop $589.52 million worth of drugs from reaching Australian
streets;
-
restrain $83.87 million in proceeds of crime;
-
seize $16.34 million in cash; and
-
charge 185 people and convict 38 people.[14]
4.12
The deliverables in relation to Program 1.1.2 include:
-
collaborating with law enforcement and related Commonwealth,
state and territory government agencies on special investigations and
intelligence operations into the extent, impact and threat of criminal activity;
-
in addition to collecting criminal intelligence, special
investigations aim to disrupt and deter criminal activity through arrests and
seizures;
-
the use of coercive powers to enable collection of information
that may not otherwise be available to law enforcement; and
-
providing a national criminal intelligence database and
analytical tools to facilitate sharing and analysis of criminal intelligence
across jurisdictions.[15]
Special investigations
4.13
Special investigations are designed to disrupt and deter criminal groups
by collecting evidence and intelligence about criminal activity. During the review
period, the ACC worked on four special investigations designed to disrupt and
deter criminal groups with a focus on high risk criminal targets, criminal
wealth, established criminal networks in Victoria, and high risk crime groups in
South Australia.[16]
The following tables provide an overview of the aims, highlights and
achievements in relation to each special investigation.
Table 4.1—Aims, highlights and achievements 2012-13 of
special investigations
1. Highest risk criminal targets
Aim: To maximise the impact
against, and disruption to, targeted serious and organised crime entities
representing the greatest risk and threat nationally, and build on the
collective national expertise and knowledge to monitor changes to serious and
organised crime in Australia and movement within criminal markets.
Highlights and achievements:
- provided partners with 1061 intelligence
assessments, alerts, reports and briefs through 2602 disseminations to inform
investigative opportunities and strategic decision making;
- conducted 74 examinations including referrals to
partner agencies and 150 notices to produce documents;
- disrupted 11 high risk crime entities including
three transnational syndicates involved in illicit drug offences of which two
were also involved in money laundering and one was using commercial airline
pilots to import drugs into Australia;
- the special investigation into highest risk criminal
targets contributed to the seizure of drugs and precursors with an estimated
street value of $111 million;
- seizure of more than $4.07 million in cash;
- recovery of $1.7 million in unpaid taxes;
- recovery of 29 illicit firearms and ammunition; and
- 241 charges laid against 139 individuals and the
conviction of 28 individuals.[17]
Projects within this special
investigation, including a number of multi-agency investigations, have
disrupted drug manufacture and trafficking, and led to the seizure of drugs
and arrests.[18]
This special investigation is
expected to run to 30 June 2014.[19]
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2. Targeting criminal wealth
Aim: Work in partnership with
stakeholders to reduce the impact of serious and organised crime on the
Australian community by detecting, disrupting and preventing activities
through which criminal wealth is acquired, accumulated, concealed or
transferred.[20]
Highlights and achievements:
-
conducted 47 examinations and
issued 310 notices to produce documents resulting in the ACC producing 366
intelligence assessments, alerts and briefs provided to partners through 847
disseminations;
-
disruption of 14 high risk crime
entities including organised crime groups involved in drug trafficking and
using Australia's alternative remittance sector to launder money, and a
Bangkok-based investment fraud operation targeting Australia;
-
ACC work contributed/led to
seizure of drugs with an estimated value of $477 million and of $12.26
million in cash. It also contributed to the laying of 86 charges against 44
people and the conviction of seven individuals; and
-
Task Force Eligo, established in
13 December 2012 in response to concerns about the use of alternative money
remittance sector and other systems for money laundering, falls under this
special investigation.[21]
This special investigation is
due to run to 30 June 2014.[22]
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3. Established criminal networks—Victoria
Aim: To work in partnership
with Victoria Police to enhance knowledge and understanding of the nature,
extent, and methodologies of high risk criminal groups and their impact on
the Victorian and national community. Through this work, the ACC also aims to
reduce the threat posed by the highest risk criminal groups operating in or
impacting on Victoria.
Highlights and achievements:
-
conducted seven examinations and
produced six intelligence products which were provided to partner agencies
through six disseminations; and
-
coercive powers used to gather
intelligence about the involvement of criminal networks in the evolving synthetic
drugs market, processes used to launder proceeds of crime, and links to
corruption.[23]
This special investigation is
due to run to 30 June 2014.[24]
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4. High risk crime groups—South Australia
Aim: Working in partnership
with South Australian Police to enhance understanding of the nature, extent, and
methodologies of high risk criminal groups and their impact on South
Australia and the broader Australian community. Through this work, the ACC
also aims to reduce the threat posed by the highest risk crime groups
operating in or impacting on South Australia.
Highlights and achievements:
- conducted two examinations and produced eight
intelligence products which were provided to partners through eight
disseminations; and
- through this special investigation and use of
coercive powers, intelligence was gained on suspected firearms and offences
involving violence by serious and organised crime groups in South Australia,
including the involvement of outlaw motorcycle gang members.[25]
This special investigation is
due to run through to 30 June 2014.[26]
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Special operations
4.14
Special operations are focused on gathering intelligence around
particular criminal activity so decisions are informed by the extent, impact
and threat of that activity. During the review period, the ACC worked on five
special operations, the aims and highlights of which are summarised below.
Table 4.2—Aims, highlights and achievements 2012-13 of
special operations
1. High risk and emerging drugs
Aim: Working with partners to generate and share intelligence on
illicit drug markets in Australia to develop a more detailed understanding of
the size, profitability, trajectory and drivers of the markets; proactively
monitor and report on new processes and methodologies; identify and report on
the higher risk crime networks operating in the domestic illicit drug
markets; and assist with the disruption of high risk criminal networks and illicit
drug markets.[27]
Highlights and achievements:
- conducted 38 examinations that concerned
importations, high-level domestic production of illicit drugs or attempts to
exploit systemic vulnerabilities by organised crime groups to establish or
increase their market share; and
- production of 163 intelligence products which were provided
to partners through 490 disseminations. [28]
The ACC Board approved this
special operation to run through to 30 June 2014. The overarching
drug-related priorities identified in the Organised Threat Assessment are
expected to guide the ACC's priorities under this special operation.[29]
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2. National security impacts from serious and organised
crime
Aim: To provide support as needed through: access to ACC coercive
powers; and investigations by law enforcement and national security agencies
into matters related to national security impacts from serious and organised
crime.[30]
Highlights and achievements:
- eight examinations conducted leading to the
production of 49 intelligence products which were provided to partners
through 142 disseminations;
-
continue to use intelligence
gathering and investigative powers to enhance understanding of people
smuggling and any potential convergence between people smuggling syndicates and
serious and organised crime; and
-
the ACC is a member of Task
Force Polaris which was established to conduct waterfront-related
investigations and to contribute to a whole-of-government response to
organised crime in the maritime port environment. Since its inception in
2010, the ACC noted that its work has already led to the arrest of 46 persons
and over 196 charges being laid.[31]
Further, $1 million in cash was seized as well as 114 tonnes of tobacco, 92
million cigarettes, and seven firearms.[32]
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3. Making Australia hostile to serious and organised
crime
Aim: To assist in making
Australia's society, its institutions, industries and economy hostile to
serious and organised crime, while developing an understanding of how
contemporary criminal syndicates are evolving their methodologies to exploit
or circumvent legislation and regulations.
Highlights and achievements:
-
12 examinations were conducted
and 28 intelligence products were produced and provided to partners through
148 disseminations;
-
use of coercive powers to
develop intelligence to support the former Department of Sustainability,
Environment, Water, Populations and Communities (now the Department of the
Environment) investigation targeting an Australian‑based syndicate
suspected of involvement in international trafficking of endangered species;
-
central themes of this special
operation include identity crime and cybercrime. Within this thematic work,
the ACC provides strategic and operational analytical assessments on emerging
technologies and contemporary identity crime trends and methodologies; and
-
enhanced the understanding of:
-
sophisticated identity crime
syndicates;
-
international wildlife
trafficking; and
-
vulnerabilities to money
laundering exploitation within the second hand/high value antiques market.[33]
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4. National Indigenous Intelligence Task Force (Indigenous
violence or child abuse no. 2)
Aim: To collect and analyse
information concerning violence and child abuse committed against Indigenous
people and related criminal offending to produce reports and targeted
intelligence that partner agencies can act on, support investigations,
provide and instigate policy and law reform advice, and facilitate national
intelligence collection and sharing.
Highlights and achievements:
- 23 field visits were undertaken, over 100 meetings
were held and 26 examinations were conducted;
- 67 intelligence products including strategic
assessments and intelligence briefs were produced and provided to partners
through 198 disseminations;
- 72 tactical intelligence products were produced and
disseminated 149 times to partner and non-partner agencies including five
target packages which focus on criminality in Indigenous communities;[34]
and
- continued support for the development of the Cross
Border Family Violence (Information Sharing) Intelligence Unit to improve
information sharing between agencies. In the reporting period the ACC helped
develop the business model for the Intelligence Unit in conjunction with the
Northern Territory Police, South Australian police, Western Australia Police,
and the Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) Women's Council
(non-government).[35]
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5. Child sex offences
Aim: To support law
enforcement agencies to develop intelligence and investigate child sex
offences through the use of coercive powers.
Highlights and achievements:
- two coercive examinations were conducted with two
intelligence products produced which were provided to partner agencies
through two disseminations;
- the ACC signed a Joint Agency Agreement on 28
February 2013 with the AFP, Victoria Police and the ACBPS, concerning an
operation focused on the risks that convicted, registered or suspected child
sex offenders pose in committing child sex offences while travelling to
Southeast Asia;[36]
and
- continued to engage with the Australia New Zealand
Policing Advisory Agency Child Protection Committee to assist with policy
responses and advice to support an effective national response to the threat
from child sex offenders.[37]
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National criminal intelligence
database and analytic tools
4.15
The national Australian Criminal Intelligence Database (ACID) serves as
a repository for much of the intelligence that the ACC assembles itself, as
well as the intelligence uploaded by its partners.
4.16
ACID enables more than 24 Commonwealth, state and territory law
enforcement agencies and other regulatory authorities to securely 'share,
collate and analyse criminal information and intelligence nationally'.[38]
4.17
A scoping study initiated in 2011 to consider how ACID should evolve
into the future was due for completion beyond the review period in late 2013.
The study is expected to identify the business requirements for a new criminal
intelligence database to replace the existing database and tools.[39]
Virtual Currency
4.18
During the reporting period the ACC analysed the virtual currency
market—including Bitcoin—to better understand its dimensions and susceptibility
to criminal threat. Bitcoin is an internet-based currency that is legal in
Australia but provides anonymity, which is highly attractive to criminal
organisations. During the committee's examination of the ACC, Mr Jevtovic
stated 'I suspect that virtual currencies and Bitcoin will be the victim of
penetration by organised crime as well.'[40]
As a virtual currency, Bitcoin is currently unregulated.[41]
4.19
The ACC has focused on gathering information to evaluate the degree of
criminal exploitation of Bitcoin and ascertain whether there is a serious and
organised crime threat aspect of Bitcoin. The annual report notes that:
The insights gained through our strategic assessment
contributed to law enforcement efforts. In the first half of 2013...more than 20
people were arrested of importing drugs through 'DarkNet' internet
sites...relying on the virtual currency for payment.[42]
4.20
The United States extended some anti-laundering rules to virtual
currency in March 2013 and is contemplating regulating Bitcoin trading.[43]
Drugs in Sport
4.21
The committee asked if the ACC could outline any continuing involvement
it had in relation to its drugs in sport project (Project Aperio). Mr Jevtovic stated
that the ACC's particular focus was on the allegations of serious and organised
crime in sport:
We saw evidence of organised crime involvement, which
concerned us. It was for that reason that we decided that it was important for
the public to be made aware of the extent of that threat... Our work in this
space is reflective of a growing concern in the course of that investigation as
to the risks to a number of sporting codes in this country.[44]
4.22
The annual report noted that even though athletes who used prohibited
substances can face substantial sporting bans, there was still extensive use of
prohibited drugs by professional athletes. The annual report explained that 'Organised
Crime is taking advantage of a legislative and regulatory vulnerability which
means that people supplying certain prohibited substances are not committing a
crime.'[45]
4.23
The ACC found that the use of performance enhancing substances was widespread
in several professional sporting codes in Australia. It also found that
organised crime identities and groups were involved in the domestic
distribution of performance enhancing drugs. This raised significant integrity
concerns within professional sports regarding the use of prohibited substances
by athletes and the potential for athletes' increased association with criminal
identities.[46]
Committee view
4.24
The committee acknowledges the important work that the ACC has
undertaken over the review period and recognises the Commission's efforts in
areas including joint taskforces such as the Eligo National Task Force, which has
helped reduce money laundering risks in the alternative money remittance sector
and other informal value exchange systems.
4.25
The committee also notes that the ACC is currently working on analysing
the virtual currency market. Virtual currency poses unique difficulties while
at the same time as providing new possibilities for organised crime such as a
new option for money laundering. The committee believes this is an important
area and commends the ACC on its work in this regard.
Mr Bert van Manen
MP
Chair
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