Statute Details
- Title: Organised Crime (Prescribed Law Enforcement Agency) Notification 2024
- Act Code: OCA2015-S678-2024
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Organised Crime Act 2015
- Enacting Authority: Minister for Home Affairs
- Key Power Used: Paragraph (e) of the definition of “law enforcement agency” in section 2(1) of the Organised Crime Act 2015
- Commencement: 30 August 2024
- Made Date: 26 August 2024
- Prescribed Agency: Corrupt Practices Investigation Bureau (CPIB)
- Legislation Number: S 678/2024
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Organised Crime (Prescribed Law Enforcement Agency) Notification 2024 is a short but legally significant instrument. Its core function is to designate a specific body—the Corrupt Practices Investigation Bureau (CPIB)—as a “law enforcement agency” for the purposes of the Organised Crime Act 2015 (the “OCA”). In practical terms, it determines which agencies can be treated as eligible “law enforcement agencies” when the OCA’s powers and processes are triggered.
Under the OCA, various provisions rely on the concept of a “law enforcement agency”. That term is defined in the OCA, but the definition includes a mechanism for the Minister to prescribe additional agencies by notification. This Notification is the mechanism being exercised: it uses the Minister’s power under paragraph (e) of the definition of “law enforcement agency” in section 2(1) of the OCA to add CPIB to the list of prescribed agencies.
Although the Notification itself contains only two operative provisions, it has downstream effects. Once CPIB is prescribed, it can participate in the OCA’s framework wherever the OCA requires or permits action by a “law enforcement agency”. For lawyers, the key is to understand that this is not a standalone enforcement statute; it is an enabling designation that expands the operational reach of the OCA by clarifying which bodies qualify under its definition.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and timing of the Notification. It states that the instrument is the “Organised Crime (Prescribed Law Enforcement Agency) Notification 2024” and that it comes into operation on 30 August 2024. For practitioners, commencement matters because it affects whether CPIB’s status as a prescribed law enforcement agency applies to events, investigations, or procedural steps taken before or after that date.
Section 2 (Prescribed law enforcement agency) is the substantive provision. It specifies that, for the purposes of paragraph (e) of the definition of “law enforcement agency” in section 2(1) of the OCA, the Corrupt Practices Investigation Bureau is prescribed as a law enforcement agency. The wording is targeted: it does not merely recognise CPIB as a law enforcement body in general; it prescribes CPIB for the specific statutory purpose tied to the OCA’s definition.
From a legal interpretation standpoint, the Notification’s reference to paragraph (e) is crucial. The OCA’s definition of “law enforcement agency” likely contains multiple categories (for example, agencies that are law enforcement by virtue of their statutory roles, and categories that are subject to ministerial prescription). This Notification activates the ministerial prescription limb. Therefore, CPIB’s inclusion is not discretionary on a case-by-case basis; it is a standing designation that applies across the OCA’s relevant provisions.
Practical implications for OCA workflows. While the Notification does not list the OCA provisions it affects, the legal effect is that CPIB can be treated as a “law enforcement agency” whenever the OCA’s operative mechanisms require that status. In practice, this may include participation in processes such as investigations, applications, or other procedural steps that are limited to, or initiated by, a “law enforcement agency” under the OCA. For counsel, the immediate task is to map CPIB’s involvement to the OCA’s specific procedural triggers—particularly where the OCA imposes conditions, thresholds, or formalities tied to the identity of the initiating or acting agency.
How Is This Legislation Structured?
This Notification is structured in a conventional subsidiary legislation format with a short enacting formula and two operative sections.
Enacting formula: The Notification begins by stating that it is made in exercise of the powers conferred by paragraph (e) of the definition of “law enforcement agency” in section 2(1) of the OCA. This signals that the Notification is not creating new substantive offences or penalties; rather, it is modifying the scope of a defined term used throughout the OCA.
Section 1: deals with citation and commencement.
Section 2: prescribes the specific agency (CPIB) for the purposes of the OCA definition.
There are no schedules, no additional conditions, and no transitional provisions in the extract provided. Consequently, the legal effect is straightforward: once commenced, CPIB is prescribed as a law enforcement agency under the OCA’s definition mechanism.
Who Does This Legislation Apply To?
The Notification applies primarily to institutional actors—namely, CPIB and any other parties interacting with the OCA framework where the identity of the “law enforcement agency” matters. It does not directly impose obligations on private individuals in the way that an offence-creating statute would. Instead, it determines which public body qualifies under the OCA’s defined term.
However, the practical consequences for individuals and businesses can be significant. If CPIB is a prescribed law enforcement agency, it may be able to take part in OCA-related processes that can affect suspects, accused persons, and affected third parties (for example, through investigative steps or applications that may lead to restrictions, orders, or other legal consequences under the OCA). Therefore, while the Notification’s addressee is the legal system (and CPIB’s statutory role within it), its effects can be felt by persons subject to OCA action.
Why Is This Legislation Important?
First, the Notification clarifies and expands the operational scope of the OCA by ensuring that CPIB is within the statutory definition of “law enforcement agency”. This matters because many OCA powers and procedures are likely designed to be exercised by specified agencies with appropriate mandates and capabilities. By prescribing CPIB, the Minister for Home Affairs confirms that CPIB is an appropriate agency to act within the OCA framework.
Second, the designation supports inter-agency effectiveness in tackling organised crime and related conduct. Organised crime often intersects with corruption, bribery, and abuse of public office. CPIB’s core mandate is anti-corruption enforcement. Prescribing CPIB under the OCA can therefore facilitate a more integrated approach where corruption-related elements are treated within the broader organised crime context.
Third, for practitioners, the Notification is a reminder that the OCA’s defined terms can evolve through subsidiary legislation. Even where the main Act remains unchanged, a notification can alter which agency can trigger or participate in OCA processes. This has direct consequences for litigation strategy, procedural challenges, and evidential issues. For example, if a party disputes whether a particular action was properly taken by a “law enforcement agency”, the existence of a current notification prescribing CPIB becomes relevant. Counsel should therefore verify the applicable version and commencement date when assessing procedural validity.
Finally, the Notification’s status as “current version as at 27 March 2026” indicates that, as of that date, CPIB remains prescribed. Practitioners should still check for subsequent amendments or revocations in the legislation timeline, but the current position is that CPIB is included under the OCA’s definition mechanism.
Related Legislation
- Organised Crime Act 2015 (OCA2015) — in particular, section 2(1) definition of “law enforcement agency”, including paragraph (e)
- Organised Crime Act 2015 (as referenced in the authorising provision for this Notification)
Source Documents
This article provides an overview of the Organised Crime (Prescribed Law Enforcement Agency) Notification 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.