Australian Crime Commission
Encyclopedia
The Australian Crime Commission (ACC) is an Australian Government national criminal intelligence
and investigation agency. It was formulated under the Australian Crime Commission Act (ACC Act 2002) which came into effect on 1 January 2003, establishing the ACC as a national statutory authority to combat serious and organised crime such as corruption
, terrorism
, drug trade
, the narcotics industry and money laundering
.
The ACC reports to the Minister for Home Affairs
, is an entity of the Attorney-General's Department
portfolio, and is accountable to and monitored and reviewed by the Parliamentary Joint Committee
on the Australian Crime Commission.
(COAG) Leaders Summit which agreed that a new national framework was needed to meet the challenges of combating terrorism and multi-jurisdictional crime. Consequently, the amalgamation of the former National Crime Authority
(NCA), the Australian Bureau of Criminal Intelligence (ABCI) and the Office of Strategic Crime Assessment (OSCA) took place and the ACC was formed. This combination, along with the then new powers granted to it in the ACC Act 2002, enables the ACC to wield wide ranging jurisdictions and authority and thus to better execute its purposes, with its stated primary objective being strengthening the fight against nationally significant crime within Australia.
(ATO) to the Australian Federal Police
(AFP).
Furthermore, the ACC has ongoing powers similar to a Royal Commission
including extensive coercive powers. This includes the power to examine witnesses in a "star chamber
", with the witnesses being compelled to answer questions of the Commission. These powers have been the subject of challenges in the Federal Court of Australia
and in the High Court
. All of those challenges have failed.??
Criminal intelligence
Criminal Intelligence is information compiled, analyzed, and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity....
and investigation agency. It was formulated under the Australian Crime Commission Act (ACC Act 2002) which came into effect on 1 January 2003, establishing the ACC as a national statutory authority to combat serious and organised crime such as corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, drug trade
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, the narcotics industry and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
.
The ACC reports to the Minister for Home Affairs
Minister for Home Affairs (Australia)
The Australian Minister for Home Affairs has been Brendan O'Connor since 6 June 2009. The Home Affairs portfolio brings together agencies such as the Australian Customs Service , the Australian Federal Police and the Australian Security Intelligence Organisation, which were previously the...
, is an entity of the Attorney-General's Department
Attorney-General's Department (Australia)
The Attorney-General's Department is an Australian Government Department. Its role is to serve the people of Australia by providing essential expert support to the Government in the maintenance and improvement of Australia's system of law and justice...
portfolio, and is accountable to and monitored and reviewed by the Parliamentary Joint Committee
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
on the Australian Crime Commission.
History
The Commission has its origins with the April 2002 Council of Australian GovernmentsCouncil of Australian Governments
The Council of Australian Governments is an organisation consisting of the federal government, the governments of the six states and two mainland territories and the Australian Local Government Association. It was established in May 1992 after agreement by the then Prime Minister, Premiers and...
(COAG) Leaders Summit which agreed that a new national framework was needed to meet the challenges of combating terrorism and multi-jurisdictional crime. Consequently, the amalgamation of the former National Crime Authority
National Crime Authority of Australia
The National Crime Authority was an Australian law enforcement agency established in 1984.In 2003 it was superseded by the Australian Crime Commission .The NCA was set up in the wake of the Costigan Commission into tax evasion and organised crime...
(NCA), the Australian Bureau of Criminal Intelligence (ABCI) and the Office of Strategic Crime Assessment (OSCA) took place and the ACC was formed. This combination, along with the then new powers granted to it in the ACC Act 2002, enables the ACC to wield wide ranging jurisdictions and authority and thus to better execute its purposes, with its stated primary objective being strengthening the fight against nationally significant crime within Australia.
Roles and functions
The ACC has a range of statutory functions centred on intelligence collection and dissemination and criminal investigations. Among the ACC’s functions is recommending national criminal intelligence priorities (NCIPs) to the ACC Board and providing strategic intelligence relating to these priorities. The ACC Board determines NCIPs, provides strategic direction to and determines priorities for the ACC among other functions. The ACC works collaboratively with state and territory police forces and Commonwealth agencies from the Australian Taxation OfficeAustralian Taxation Office
The Australian Taxation Office is an Australian Government statutory agency and the principal revenue collection body for the Australian Government. The ATO has responsibility for administering the Australian federal taxation system and superannuation legislation...
(ATO) to the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
(AFP).
Furthermore, the ACC has ongoing powers similar to a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
including extensive coercive powers. This includes the power to examine witnesses in a "star chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
", with the witnesses being compelled to answer questions of the Commission. These powers have been the subject of challenges in the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and in the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. All of those challenges have failed.??
External links
- Australian Crime Commission
- ACC Official Overview
- ACC 2009 Organised Crime in Australia Report outlines the criminality current and prevalent in Australia that the ACC investigates, disrupts, combats and dismantles.
- Parliamentary Joint Committee on the Australian Crime Commission