Contents

1.1. Definitions

4.1. Variation

4.2. Revocation

4.3. Dispute resolution

Schedule 1 Arrangement Details

A. Table of information, Documents or things that may be requested or required

Arrangement

ARRANGEMENT UNDER SECTION 20A OF THE AUSTRALIAN CRIME

COMMISSION ACT 2002 (CTH) IN RELATION TO THE PROVISION OF

INFORMATION, DOCUMENTS OR THINGS BY A PERSON OR CLASS OF

PERSONS UNDER SECTION 19A OR 20 OF THE ACT

Date

This Arrangement is dated

Parties

This Arrangement is made between the following Parties:

1. The Honourable Michael Keenan MP, Minister for Justice of the Commonwealth of Australia

(the Commonwealth Minister)

2.                                 The Honourable Rene Hidding MP, Minister for Police and Emergency Management; Minister for Infrastructure, Tasmania
(the State Minister)

Context

This Arrangement is made in the following context:

A The Australian Crime Commission (ACC) has both intelligence and investigative functions and capabilities and a range of coercive powers. These coercive powers can only be exercised where an ACC operation/investigation has been authorised by the ACC Board.

B. Cooperation between agencies of the Commonwealth and the States and Territories is vital to combating serious and organised crime. While such cooperation often takes place on a voluntary basis, there are times where this is not possible due to legislative barriers (e.g. secrecy provisions).

C. Sections 19A to 20A of the Australian Crime Commission Act 2002 (Cth) (ACC Act) are designed to assist the Commonwealth and the States and Territories to overcome these situations in a cooperative and mutually beneficial manner. Sections 19A and 20 give ACC Examiners the power to request or require information, documents or things relevant to an ACC investigation/operation held by a Commonwealth agency or a State or Territory agency.

D. The powers contained in sections 19A and 20 of the ACC Act are exercisable in relation to a State or Territory agency only in accordance with an arrangement in force under s 20A of the ACC Act between the Commonwealth Minister and the appropriate State or Territory Minister. This Arrangement is made under section 20A of the ACC Act and its purpose is to establish a framework for agencies of the State of Tasmania to provide information, documents or things to ACC Examiners under sections 19A and 20 of the ACC Act.

Operative provisions

In consideration of the mutual promises contained in this document, the Parties to this Arrangement agree as follows:

1. Interpretation
   1.                         Definitions
      1.                   Unless the contrary intention appears a term in bold type has the meaning shown opposite it:

2.1.1.                      This Arrangement commences when it has been signed by each Party and continues until it is revoked in accordance with clause 4.2.

3.1.1.                      An Examiner may request, or require the provision of, the information, Documents or things specified in column B of the Table from the respective State Agency specified in column A of the Table.

4.1                             Variation

4.1.1                        A variation of this Arrangement is binding only if agreed in writing and signed by the Parties in accordance with section 20A(7) of the ACC Act.

4.2                            Revocation

4.2.1  The Commonwealth Minister may revoke this Arrangement at any time in accordance with section 20A(5) of the ACC Act by giving written notice to the State Minister.

4.2.2                        In accordance with section 20A(6) of the ACC Act, the State Minister may request in writing that the Commonwealth Minister revoke this Arrangement. The Commonwealth Minister must comply with that request in accordance with section 20A(6).

4.3                            Dispute resolution

4.3.1                        Any disputes arising under this Arrangement will be referred to the Commonwealth Minister and the State Minister for resolution.

1. Table of information, Documents or things that may be requested or required

(See clause 3.1.1)

Signed, Sealed and Delivered.

Signatures