Crimes Act. Australia

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СКАЧАТЬ money laundering;

      (j) perverting the course of justice;

      (k) bribery or corruption of, or by, an officer of the Commonwealth, of a State or of a Territory;

      (l) bankruptcy and company violations;

      (m) harbouring of criminals;

      (n) forgery (including forging of passports);

      (o) armament dealings;

      (p) illegal importation or exportation of fauna into or out of Australia;

      (q) espionage, sabotage or threats to national security;

      (r) misuse of a computer or electronic communications;

      (s) people smuggling;

      (t) slavery;

      (u) piracy;

      (v) the organisation, financing or perpetration of sexual servitude or a sexual offence against a person who is under 18 outside Australia;

      (w) dealings in child pornography or material depicting child abuse;

      (x) importation of prohibited imports;

      (y) exportation of prohibited exports;

      (z) violence;

      (za) firearms;

      (zb) a matter that is of the same general nature as a matter mentioned in one of the preceding paragraphs;

      (zc) a matter that is prescribed by the regulations for the purposes of this paragraph.

      (3) Without limiting subsections (1) and (2), an offence against one of the following provisions of the Criminal Code is a serious Commonwealth offence for the purposes of this Part:

      (a) Part 5.3 (Terrorism);

      (b) Subdivision B of Division 471 (Use of postal or similar service for child pornography material or child abuse material);

      (c) Subdivision C of Division 471 (Use of postal or similar service involving sexual activity with person under 16);

      (d) Subdivision D of Division 474 (Use of carriage service for child pornography material or child abuse material);

      (e) Subdivision F of Division 474 (Use of carriage service involving sexual activity with person under 16).

      Meaning of serious State offence that has a federal aspect

      (4) For the purposes of this Part, serious State offence that has a federal aspect means a State offence that has a federal aspect and that would be a serious Commonwealth offence if it were a Commonwealth offence.

      Note: For when a State offence has a federal aspect, see section 3AA.

      15GF Meaning of authorising officer etc.

      (1) Any of the following is an authorising officer for a controlled operation:

      (a) if the operation is a major controlled operation and the investigation of the offence to which the controlled operation relates is within the functions of the Australian Federal Police — the Commissioner or a Deputy Commissioner;

      (b) if the operation is not a major controlled operation, but the investigation of the offence to which the controlled operation relates is within the functions of the Australian Federal Police — any AFP authorising officer;

      (c) if the investigation of the offence to which the controlled operation relates is within the functions of the ACC — any ACC authorising officer;

      (d) if the controlled operation relates to the investigation of a corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) — any ACLEI authorising officer.

      (2) The following are AFP authorising officers:

      (a) the Commissioner;

      (b) a Deputy Commissioner;

      (c) a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this paragraph.

      (3) The following are ACC authorising officers:

      (a) the Chief Executive Officer of the ACC;

      (b) a member of the staff of the ACC who is an SES employee and who is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph.

      (4) The following are ACLEI authorising officers:

      (a) the Integrity Commissioner;

      (b) the Assistant Integrity Commissioner;

      (c) a member of the staff of the ACLEI who is an SES employee and is authorised in writing by the Integrity Commissioner for the purposes of this paragraph.

      15GG Minister may nominate AAT members

      (1) The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to deal with applications under subsection 15GU(1) (which deals with extending authorities for controlled operations beyond 3 months):

      (a) Deputy President;

      (b) full-time senior member;

      (c) part-time senior member;

      (d) member.

      (2) Despite subsection (1), the Minister must not nominate a person who holds an appointment as a part-time senior member or a member of the Tribunal unless the person:

      (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

      (b) has been so enrolled for not less than 5 years.

      (3) A nomination ceases to have effect if:

      (a) the nominated Tribunal member ceases to hold an appointment described in subsection (1); or

      (b) the Minister, by writing, withdraws the nomination.

      (4) A nominated Tribunal member has, in relation to the performance or exercise of a function or power conferred on a nominated Tribunal member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

      Division 2

      Authorisation of controlled operations

      Subdivision A

      Authorities to conduct controlled operations

      15GH СКАЧАТЬ