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Schedule 1—Amendments

Schedule 1 Amendments

   

Australian Crime Commission Act 2002

1  Subsection 4(1)

Insert:

criminological research means research in connection with:

                     (a)  the causes, consequences, correction and prevention of criminal behaviour; and

                     (b)  any related matter.

2  Subsection 4(1) (paragraph (i) of the definition of permissible purpose )

Repeal the paragraph, substitute:

                      (i)  criminological research;

3  After paragraph 7A(fa)

Insert:

                    (fb)  to do the following in relation to criminological research:

                              (i)  conduct criminological research;

                             (ii)  communicate the results of that research;

                            (iii)  perform other activities related to the conduct of criminological research (such as holding seminars or compiling crime-related statistics);

                            (iv)  administer programs for awarding grants for criminological research and activities related to that research, and assist the recipients of grants in that research or those activities;

4  After section 15A

Insert:

15B   Fees for services relating to criminological research

             (1)  The ACC may charge fees for services that it provides in performing any of its functions relating to criminological research.

             (2)  A fee for a service must not be such as to amount to taxation.

             (3)  A fee charged under subsection (1):

                     (a)  is a debt due to the Commonwealth; and

                     (b)  is recoverable by the ACC, on behalf of the Commonwealth.

5  After section 59AD

Insert:

59AE   Disclosing criminological research and related information

             (1)  The CEO may:

                     (a)  disclose the ACC’s criminological research, and information related to the ACC’s criminological research; or

                     (b)  publish the ACC’s criminological research, and information related to the ACC’s criminological research;

if disclosing or publishing the research or information would not be contrary to subsection 25A(9) of this Act, another law of the Commonwealth that would otherwise apply, or a law of a State or a Territory that would otherwise apply.

             (2)  However, if the research or information is or includes personal information about an individual (within the meaning of the Privacy Act 1988 ) that was collected for the purpose of criminological research, the CEO must not disclose or publish the personal information under subsection (1) for another purpose unless:

                     (a)  the individual has consented to the use or disclosure of the information; or

                     (b)  the individual would reasonably expect the ACC to use or disclose the information for the other purpose, and that purpose is:

                              (i)  if the information is sensitive information within the meaning of the Privacy Act 1988 —directly related to the purpose for which the information was collected; or

                             (ii)  if the information is not sensitive information—related to the purpose for which the information was collected; or

                     (c)  a permitted general situation within the meaning of the Privacy Act 1988 exists in relation to the use or disclosure of the information by the ACC.

6  After section 59E

Insert:

59F   Criminology Research Special Account

             (1)  The Criminology Research Special Account is continued in existence.

Note:          The Account was established by section 46 of the Criminology Research Act 1971 .

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 .

59G   Credits to the Criminology Research Special Account

                   There must be credited to the Criminology Research Special Account amounts equal to the following:

                     (a)  amounts appropriated by the Parliament for the purposes of the Account;

                     (b)  amounts paid by a State to the ACC for the purpose of performing functions related to criminological research;

                     (c)  amounts received by the ACC in relation to performing functions related to criminological research;

                     (d)  amounts of any gifts given or bequests made for the purposes of the Account.

Note:          An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

59H   Purposes of the Criminology Research Special Account

                   The purposes of the Criminology Research Special Account are as follows:

                     (a)  paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the ACC’s functions related to criminological research;

                     (b)  paying any remuneration and allowances payable to any person under this Act connected to the ACC’s functions related to criminological research;

                     (c)  meeting the expenses of administering the Account;

                     (d)  paying any amount that is required or permitted to be repaid;

                     (e)  reducing the balance of the Account (and therefore the available appropriation for the Account) without making a real or notional payment.

Note:          See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).