5   Parliamentary Joint Committee on Law Enforcement

             (1)  As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Law Enforcement, is to be appointed according to the practice of the Parliament.

             (2)  The Committee is to consist of 10 members, namely, 5 members of the Senate appointed by the Senate, and 5 members of the House of Representatives appointed by that House.

             (3)  A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:

                     (a)  a Minister; or

                     (b)  the President of the Senate; or

                     (c)  the Speaker of the House of Representatives.

             (4)  A member ceases to hold office:

                     (a)  when the House of Representatives expires by effluxion of time or is dissolved; or

                     (b)  if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or

                     (c)  if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or

                     (d)  if he or she resigns his or her office as provided by subsection (5) or (6).

             (5)  A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

             (6)  A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

             (7)  Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.

6   Powers and proceedings of the Committee

                   All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.

7   Functions of the Committee

             (1)  The Committee has the following functions:

                     (a)  to monitor and to review the performance by the ACC of its functions;

                     (b)  to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the ACC or connected with the performance of its functions to which, in the opinion of the Committee, the attention of the Parliament should be directed;

                     (c)  to examine each annual report on the ACC and report to the Parliament on any matter appearing in, or arising out of, any such annual report;

                     (d)  to monitor and to review the performance by the AFP of its functions;

                     (e)  to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the AFP or connected with the performance of its functions to which, in the opinion of the Committee, the attention of the Parliament should be directed;

                      (f)  to examine each annual report on the AFP and report to the Parliament on any matter appearing in, or arising out of, any such annual report;

                     (g)  to examine trends and changes in criminal activities, practices and methods and report to both Houses of the Parliament any change which the Committee thinks desirable to the functions, structure, powers and procedures of the ACC or the AFP;

                     (h)  to inquire into any question in connection with its functions which is referred to it by either House of the Parliament, and to report to that House upon that question.

Note 1:       For the functions of the ACC, see section 7A of the Australian Crime Commission Act 2002 .

Note 2:       For the functions of the AFP, see section 8 of the Australian Federal Police Act 1979 .

             (2)  The functions of the Committee do not include:

                     (a)  undertaking an intelligence operation or investigating a matter relating to a relevant criminal activity; or

                     (b)  reconsidering the findings of the ACC in relation to a particular ACC operation/investigation (including an ACC operation/investigation that has been concluded); or

                     (c)  reviewing sensitive operational information or operational methods available to the ACC or the AFP; or

                     (d)  reviewing particular operations or investigations that have been, are being or are proposed to be undertaken by the ACC or the AFP; or

                     (e)  reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or

                      (f)  conducting inquiries into individual complaints about the activities of the ACC or the AFP.

             (3)  To avoid doubt, the Committee may examine, and report to both Houses of the Parliament on, information given to it under section 8 or 9.

8   Disclosure to Committee by CEO of the ACC

             (1)  Subject to subsection (2), the CEO of the ACC:

                     (a)  must comply with a request by the Committee to give the Committee information in relation to an ACC operation/investigation (including an ACC operation/investigation that has been concluded); and

                     (b)  must when requested by the Committee, and may at such other times as the CEO thinks appropriate, inform the Committee concerning the general performance of the ACC’s functions.

             (2)  The CEO of the ACC may decide not to comply with the request if the CEO is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

             (3)  If the CEO of the ACC does not give information to the Committee because of subsection (2), the Committee may refer the request to the Minister responsible for the ACC.

             (4)  If the Committee refers the request to the Minister responsible for the ACC, the Minister responsible for the ACC:

                     (a)  must determine in writing whether:

                              (i)  the information is sensitive information; and

                             (ii)  if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and

                     (b)  must provide copies of that determination to the CEO of the ACC and the Committee.

             (5)  The Minister responsible for the ACC is not required to disclose his or her reasons for making a determination under subsection (4).

             (6)  A determination made by the Minister responsible for the ACC under subsection (4) is not a legislative instrument.

9   Disclosure to Committee by Commissioner of the AFP

             (1)  Subject to subsection (2), the Commissioner of the AFP:

                     (a)  must comply with a request by the Committee to give the Committee information in relation to an investigation that the AFP has conducted or is conducting; and

                     (b)  must when requested by the Committee, and may at such other times as the Commissioner thinks appropriate, inform the Committee concerning the general performance of the AFP’s functions.

             (2)  The Commissioner of the AFP may decide not to comply with the request if the Commissioner is satisfied that:

                     (a)  the information is sensitive information; and

                     (b)  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

             (3)  If the Commissioner of the AFP does not give information to the Committee because of subsection (2), the Committee may refer the request to the Minister responsible for the AFP.

             (4)  If the Committee refers the request to the Minister responsible for the AFP, the Minister responsible for the AFP:

                     (a)  must determine in writing whether:

                              (i)  the information is sensitive information; and

                             (ii)  if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and

                     (b)  must provide copies of that determination to the Commissioner of the AFP and the Committee.

             (5)  The Minister responsible for the AFP is not required to disclose his or her reasons for making a determination under subsection (4).

             (6)  A determination made by the Minister responsible for the AFP under subsection (4) is not a legislative instrument.

10   Ombudsman to brief Committee about controlled operations

             (1)  At least once in each calendar year the Ombudsman must provide a briefing to the Committee about the involvement of the ACC and the AFP in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.

             (2)  For the purposes of receiving a briefing from the Ombudsman under subsection (1), the Committee must meet in private.