This bill became law on Dec 9th, 2022.
Law, justice & rights
The law now defines which crimes the Australian Criminal Intelligence Commission BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. can target as Commonwealth, Territory, or state offences with a federal link.
Multi-layered definitions in the ACC ActThe main law the bill amends; it sets out the ACIC's powers and the rules for authorising special operations and investigations. left uncertainty about how the ACIC BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. could authorise special operations and investigations. The bill simplifies those rules so the Board can keep making determinations clearly and lawfully, without changing its powers or safeguards.
After Australia expanded the old Australian Crime Commission into the Australian Criminal Intelligence CommissionThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. in 2015, the agency kept using board-authorised special operations and investigations against serious organised crime, but a 2019 High Court challengeA court case mentioned in the background that raised doubts about whether an ACIC authorisation was valid and showed why the law needed clearer wording. and later experience with layered statutory definitions exposed how vulnerable major investigations could become if authorisations were unclear. The 2022 bill responded by simplifying those authorisation rules without changing the board’s core powers or safeguards, and Parliament passed it in late 2022 so existing and future ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. operations could continue with clearer legal footing.
The main reservation was that the bill was explained poorly and still leaves the ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. able to authorise very broad operations without spelling out a specific offence, person, conduct, transaction or end date. That concern appears to have been limited rather than broad: the Greens said they would not oppose the bill, and no party represented in the debate argued against its overall purpose.
Mark Dreyfus MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 09 Dec 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
44 days
From introduction to the latest recorded parliamentary step
Meaning
The law now defines which crimes the Australian Criminal Intelligence Commission BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. can target as Commonwealth, Territory, or state offences with a federal link.
The law now clearly covers serious organised crime, Indigenous violence, and child abuse that may have happened already, be happening now, or happen in future.
The Australian Criminal Intelligence Commission BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. must still state the purpose of any special operation or special investigation when it authorises one.
The Australian Criminal Intelligence Commission BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. can authorise broad operations without naming a specific offence, person, conduct, transaction, or deadline.
Existing Australian Criminal Intelligence CommissionThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. determinations stay in force after commencement, so current investigations and operations do not need to restart.
This item inserts a new term federally relevant crime in subsection 4(1) of the ACC Act; in effect, a relevant crime that is an offence against a law of the Commonwealth or of a Territory, or an offence against a law of a State that has a federal aspect.Australian Crime Commission Amendment (Special Operations and Special Investigations) explanatory memorandum
The new definition provides that a relevant crime means a serious and organised crime or Indigenous violence or child abuse that may have been, may be being, or may in future be committed and that is an offence against a law of the Commonwealth, of a State or of a Territory.Australian Crime Commission Amendment (Special Operations and Special Investigations) explanatory memorandum
(4C) A determination under subsection (2) or (3) must, to the extent that the Board reasonably considers appropriate having regard to the level of generality at which it is authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur, set out the purposes of the operation or investigation.Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2022 final Act text
New subsection 7C(4CA) of the ACC Act provides that, to avoid doubt, a determination under subsection 7C(2) or 7C(3) of the ACC Act authorising an intelligence operation, or an investigation relating to a federally relevant crime, to occur is not required to specify:Australian Crime Commission Amendment (Special Operations and Special Investigations) explanatory memorandum
This item provides that a determination made under subsection 7C(2) or (3) of theACC Act before the commencement of this Bill, and that is still in force immediately before commencement, will remain in force, as if:Australian Crime Commission Amendment (Special Operations and Special Investigations) explanatory memorandum
Context
After Australia expanded the old Australian Crime Commission into the Australian Criminal Intelligence CommissionThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. in 2015, the agency kept using board-authorised special operations and investigations against serious organised crime, but a 2019 High Court challengeA court case mentioned in the background that raised doubts about whether an ACIC authorisation was valid and showed why the law needed clearer wording. and later experience with layered statutory definitions exposed how vulnerable major investigations could become if authorisations were unclear. The 2022 bill responded by simplifying those authorisation rules without changing the board’s core powers or safeguards, and Parliament passed it in late 2022 so existing and future ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. operations could continue with clearer legal footing.
Australia creates the Australian Criminal Intelligence CommissionThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations.
The merger of CrimTrac and the Australian Crime Commission created a larger national criminal intelligence agency whose board would oversee major special operations and investigations.
Australian Financial Review ↗High Court challengeA court case mentioned in the background that raised doubts about whether an ACIC authorisation was valid and showed why the law needed clearer wording. puts ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. investigations under legal pressure
The Morrison government moved retrospective amendments after a court challenge argued an ACIC boardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. authorisation was defective, highlighting how uncertainty in the law could jeopardise active investigations and convictions.
Australian Financial Review ↗Government introduces a bill to clarify ACIC boardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. authorisations
The Attorney-GeneralThe minister who introduced the bill in Parliament and explained why the government wanted clearer rules for ACIC authorisations. introduced the bill, saying serious and organised crimeThe main crime type the ACIC is meant to target here, especially large or coordinated offending that crosses borders or is hard to detect. was costing Australia up to $60.1 billion a year and that the ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. needed greater certainty to keep using its powers lawfully and without interruption.
Hansard ↗Parliament passes the bill
Both houses passed the legislation in the same form, clearing the way for existing determinations to stay in force and for future ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. operations to be authorised under simpler rules.
Parliamentary timeline ↗Royal AssentThe final formal step that turned the bill into an Act and made the changes law. makes the changes law
Royal AssentThe final formal step that turned the bill into an Act and made the changes law. turned the bill into an Act, locking in clearer statutory wording for ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. special operations and special investigations.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (23/11/2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2022
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final formal step that turned the bill into an Act and made the changes law., turning the bill into an Act.
Key criticism
The main reservation was that the bill was explained poorly and still leaves the ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. able to authorise very broad operations without spelling out a specific offence, person, conduct, transaction or end date. That concern appears to have been limited rather than broad: the Greens said they would not oppose the bill, and no party represented in the debate argued against its overall purpose.
Criticism was narrow and mostly about clarity and breadth, not the bill’s core aim.
Broad powers explained unclearly
David Shoebridge said the bill looked like a modest drafting change but criticised the government's explanation as unclear, while the amended framework still allows the ACIC BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. to authorise broad special operations without naming a particular offence, person, conduct, transaction or deadline.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Dreyfus supports the bill because it gives the ACIC BoardThe board that decides whether the ACIC can run a special operation or special investigation and must state the purpose of each authorisation. clearer legal authority to approve special operations and special investigations without changing the powers themselves.
Read in Hansard ↗Shoebridge says the Greens will not oppose the bill because it appears to make only modest drafting changes and does not harm oversight of ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. special operations and investigations.
Read in Hansard ↗Stevens supported the bill for the opposition, saying the ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. needed a clear and consistent legal framework for special operations and investigations while keeping safeguards around coercive powers.
Read in Hansard ↗Cash says the opposition will support the bill because it gives the ACICThe national crime intelligence agency the bill is about; on this page, it is the body whose board authorises special operations and investigations. a clearer legal framework to keep using its special operation and investigation powers against serious crime, while preserving proper safeguards.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“The measures in this bill provide that the Australian Criminal Intelligence Commission can continue to exercise its powers with greater legal clarity when conducting activities to combat transnational and serious organised crime in Australia.”Read the full speech in Hansard ↗
“I'd like to thank colleagues for their contributions to the debate on the bill. The measures in the bill are certainly technical in nature. They enhance confidence, certainty and trust in the authorisation process for the Australian Criminal Intelligence Commission's work and the board's capacity to determine special crime intelligence commission operations and special investigations. The measures are essential to ensuring that the Australian Criminal Intelligence Commission is able to fulfil its statutory functions as Australia's national criminal intelligence agency without interruption. The bill will support its capacity to continue to effectively target and disrupt the illicit activities of transnational serious and organised crime groups and to appropriately and lawfully take the fight to serious and organised crime in Australia. I commend the bill to the Senate.”Read the full speech in Hansard ↗
2 speakers · 2 support
“We certainly support those elements of the bill, and we support the work of the ACIC.”Read the full speech in Hansard ↗
“In particular—we're in 2022, looking forward to 2023—where new forms of criminal enterprise and activity may be identified, new technology provides an opportunity for criminal activity that was not envisaged within the original legislation. Due to that, we find ourselves in a situation where the proper powers are not necessarily now in place for entities like the ACIC to do the job that we so desperately need them to do. We as a parliament should always be responding to that and making those changes, and, of course, we need to be comfortable with them and we need to ensure they are reasonable and legitimate. In the case of this bill, the opposition believes that these changes are appropriate and that they do support the ACIC to do the work that they need to do in the modern world that we live in. On behalf of the opposition, I commend the ACIC on the work that they do. The opposition commends the bill to the chamber.”Read the full speech in Hansard ↗
1 speaker · 1 support
“That sheds more darkness than light on what the bill does. Unfortunately, that is the nature of the explanatory memorandum and the contributions we've gotten from the government behind this bill. But, as I've said, we have separately satisfied ourselves that it does no harm. It does appear to provide some marginal streamlining and clarity for how these special investigations and operations are authorised. To the extent that there's greater clarity about how these coercive powers are authorised, we hope that will provide for greater opportunities for the law to be followed in the letter and the spirit, and for those reasons we don't oppose the bill.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final formal step that turned the bill into an Act and made the changes law., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2022
Considered by scrutiny committee
Considered by scrutiny committee (23 Nov 2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2022
APH bill page notes
