5th Dec 2019, 4:38 PM – Senate Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019 - Third Reading - Sunset clause

The majority voted against amendment (2), which was introduced by the Centre Alliance, which means it failed. The amendment was to introduce a sunset provision so that the bill would stop having legal effect after two years.

Amendment text

(2) Page 2 (after line 11), after clause 3, insert:

5 Expiration of amendments

This Act ceases to be in force at the start of the day after the end of the period of 2 years beginning on the day the Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 commenced.

What does the bill do?

According to the bills digest, the bill was introduced in order to:

• respond to concern about the validity of certain ACIC determinations and other documents raised in the case of CXXXVIII v Commonwealth by confirming the validity of current and former Australian Crime Commission (ACC) special operations and special investigations, the lawfulness of which has been questioned and
• amend the process by which the Australian Criminal Intelligence Commission (ACIC) Board authorises future special operations and special investigations, including by amending the threshold of which it must be satisfied.

Although the bill does not expand or alter the powers available to ACIC, parties like the Centre Alliance were concerned by the retroactive nature of the bill. That is, it will confirm the validity of current and former special operations and special investigations at a time when the High Court is considering the validity of these laws in the context of an alleged unlawful investigation.