Division 1 Application and interpretation
5 Application of ACC laws to this State
(1) The ACC laws, as modified under this Act, apply as a law of this State as if references in them to a federally relevant criminal activity were references to a relevant criminal activity in so far as the serious and organised crime is, or the serious and organised crimes are or include, an offence or offences against a law of the State (irrespective of whether that offence or those offences have a federal aspect).(2) This section has effect in relation to the ACC laws as in force for the time being.
(1) The regulations may modify the ACC laws for the purposes of this Act.(2) Without limiting subsection (1), the regulations may provide that the ACC laws apply under section 5 (1) as if an amendment to the ACC laws:(a) made by a law of the Commonwealth, and(b) specified in the regulations,had not taken effect.
7 Interpretation of applied provisions
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the applied provisions as if the applied provisions were a Commonwealth Act or were regulations under a Commonwealth Act, as the case requires.(2) The Interpretation Act 1987 of New South Wales does not apply in relation to the applied provisions.
Division 2 Conferral of functions
8 Functions under applied provisions
A Commonwealth body or person has the functions conferred on that body or person under the applied provisions.
9 Consent of Board may be needed before functions can be performed
The conferral of a function on a Commonwealth body or person by this Part is subject to any provision of the ACC Act that requires the consent of the Board before the function can be performed.
10 Functions not affected by State laws
A Commonwealth body or person is not precluded by any law of the State from performing a function conferred by this Part.
11 Extent to which functions are conferred
(1) This Part does not purport to impose any duty on a Commonwealth body or person to perform a function if the imposition of the duty would be beyond the legislative power of the Parliament of the State.(2) This section does not limit the operation of section 12 of this Act or of section 31 of the Interpretation Act 1987.
12 Functions of federal judicial officers
(1) In this section:federal judicial officer means a Judge of the Federal Court or a Federal Magistrate.
(2) A function conferred on a federal judicial officer by the applied provisions is conferred on the federal judicial officer in a personal capacity and not as a court or a member of a court. The federal judicial officer need not accept the function conferred.(3) Anything done or made by a federal judicial officer under the applied provisions has effect only by virtue of the applied provisions and is not to be taken by implication to be done or made by a court.(4) A federal judicial officer performing a function under the applied provisions has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the federal judicial officer is a member).(5) A function conferred on the Federal Court by the applied provisions is taken to be conferred on a Judge of the Federal Court and subsections (2) and (4) apply to that function.
Any delegation by a Commonwealth body or person under the ACC Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
Division 3 Provisions about offences
(1) The object of this Division is to provide for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to):(a) the investigation and prosecution of offences, and(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and(c) proceedings relating to a matter referred to in paragraph (a) or (b), and(d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and(e) the sentencing, punishment and release of persons convicted of offences, and(f) fines, penalties and forfeitures, and(g) liability to make reparation in connection with offences, and(h) proceeds of crime, and(i) spent convictions.
15 Application of Commonwealth criminal laws to offences against applied provisions
(1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.(2) For the purposes of a law of this State, an offence against the applied provisions:(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and(b) is taken not to be an offence against the laws of this State.(3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.(4) For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of this section.
16 Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1) A Commonwealth law applying because of section 15 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the ACC Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the ACC Act.
If:(a) an act or omission by a person is an offence under the applied provisions and is also an offence under the ACC Act, and(b) the person has been punished for the offence under the ACC Act,the person is not liable to be punished for the offence under the applied provisions.