The Australian Criminal Intelligence Commission is established under the Australian Crime Commission Act 2002 (Cwlth) (ACC Act). The agency was formerly known as the Australian Crime Commission, and is still known by that name for legal purposes.
The role and functions of the Australian Criminal Intelligence Commission are underpinned by supporting legislation in each State and Territory.
On 1 July 2016 the Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cwlth) amended the ACC Act to implement the carrying over of CrimTrac’s functions to the ACC, including the provision of systems and services relating to national policing information and nationally coordinated criminal history checks. In doing so Australia’s national criminal intelligence and information capabilities were brought under one banner, allowing police, justice agencies and policy makers at all levels of government to adopt a more effective, efficient and evidence-based response to crime.
As a Commonwealth statutory authority, the Australian Criminal Intelligence Commission also has responsibilities under the Public Service Act 1999 (Cwlth) and the Public Governance, Performance and Accountability Act 2013 (Cwlth).
The Australian Criminal Intelligence Commission’s coercive powers are used in special operations and special investigations to obtain information where traditional law enforcement methods are unlikely to be or have not been effective.
The Australian Criminal Intelligence Commission’s coercive powers, similar to those of a Royal Commission, authorise examiners to compel persons to give evidence for the purposes of special Australian Criminal Intelligence Commission operations or investigations. Examiners are appointed by the Governor‑General.
Examinations are conducted in private. Witnesses at examinations are able to claim protection so that the answers, documents or things they provide are not admissible in evidence against them in a criminal proceeding or a proceeding for the imposition of a penalty except in limited circumstances.
The coercive powers also authorise examiners to issue notices to be served on persons requiring them to produce documents or things relevant to a special operation or investigation. This power is broad, and a notice to produce may be issued to a natural person, a corporation or a Commonwealth government agency.
If you have been served with an Australian Criminal Intelligence Commission summons or notice and require further information, please phone the contact officer listed on the summons or notice.