Commonwealth Numbered Acts

LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 (NO. 85, 2006)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Application of Act  

   PART 2--INTERPRETATION

   5.      Definitions  
   6.      Meaning of engages in corrupt conduct  
   7.      Meaning of corruption issue  
   8.      Meaning of ACLEI corruption issue  
   9.      Corruption issue that relates to a law enforcement agency  
   10.     Staff members of law enforcement agencies  
   11.     Staff members of ACLEI  
   12.     Applying Act to staff members of former NCA  
   13.     State offences that have a federal aspect  

   PART 3--THE INTEGRITY COMMISSIONER

   14.     Integrity Commissioner  
   15.     Functions of the Integrity Commissioner  
   16.     Integrity Commissioner to give priority to serious corruption and systemic corruption  
   17.     Integrity Commissioner may enter into agreement with head of law enforcement agency  

   PART 4--DEALING WITH CORRUPTION ISSUES

           Division 1--Referring corruption issues to Integrity Commissioner

   18.     Referral of corruption issues by Minister  
   19.     Notification of corruption issues by law enforcement agency heads  
   20.     Notification of corruption issue identified as significant corruption issue  
   21.     Law enforcement agency head to pass on new information in relation to corruption issue already referred  
   22.     Notification of corruption issue not identified as significant corruption issue  
   23.     Referral of corruption issues by other people  
   24.     Referral under section 23 by person in custody  
   25.     Person making referral under section 23 may elect to be kept informed  

           Division 2--How Integrity Commissioner deals with corruption issues

              Subdivision A--General

   26.     How Integrity Commissioner may deal with corruption issues  
   27.     Criteria for deciding how to deal with a corruption issue  
   28.     Dealing with multiple corruption issues  
   29.     How Integrity Commissioner may deal with corruption issues that relate to conduct of secondee from government agency  
   30.     Arranging for government agencies and integrity agencies to investigate corruption issues relating to conduct of secondees  

              Subdivision B--Integrity Commissioner dealing with corruption issues referred or notified

   31.     Significant corruption issues notified under section 19 and corruption issues referred under section 18 or 23  
   32.     Corruption issues notified under section 19 (other than significant corruption issues)  

              Subdivision C--Advising particular people of decision about how to deal with corruption issue

   33.     Minister  
   34.     Person who refers corruption issue  
   35.     Head of law enforcement agency  
   36.     Heads of home agency and integrity agency  
   37.     Staff member to whom corruption issue relates  

              Subdivision D--Integrity Commissioner dealing with corruption issues on own initiative

   38.     Integrity Commissioner may deal with corruption issues on own initiative  
   39.     Advising head of law enforcement agency of decision to deal with corruption issue on own initiative  
   40.     Advising heads of government agency and integrity agency of decision to deal with corruption issue on own initiative  
   41.     Advising staff member of decision to deal with corruption issue on own initiative  

              Subdivision E--Reconsidering how to deal with a corruption issue

   42.     Reconsidering how to deal with a corruption issue  

   PART 5--INFORMATION SHARING WHEN DECISION MADE ON HOW TO DEAL WITH CORRUPTION ISSUE

           Division 1--Giving information to head of agency conducting investigation

   43.     Division applies if agency to conduct, or continue conducting, investigation of corruption issue  
   44.     Integrity Commissioner to give information or documents to agency head  

           Division 2--Information to be given by law enforcement agency that has already commenced investigation

   45.     Division applies if law enforcement agency has already commenced investigating corruption issue  
   46.     Integrity Commissioner may direct agency head to give information or documents that relate to corruption issue  

   PART 6--INVESTIGATIONS BY INTEGRITY COMMISSIONER

           Division 1--Investigation

   47.     Application of Division  
   48.     Integrity Commissioner to determine manner of conducting investigation  
   49.     Coordinating Integrity Commissioner’s investigation and law enforcement operations  
   50.     Information sharing for joint investigation  
   51.     Opportunity to be heard  

           Division 2--Reporting

              Subdivision A--Reporting during investigation

   52.     Integrity Commissioner to keep person who referred corruption issue informed of progress of investigation  
   53.     Integrity Commissioner to keep home agency and integrity agency informed of progress of investigation  

              Subdivision B--Reporting at the end of investigation

   54.     Report on investigation  
   55.     Integrity Commissioner to give report to certain persons  
   56.     Comments by head of agency  
   57.     Follow-up action on report  
   58.     Advising person who referred corruption issue of outcome of the investigation  
   59.     Advising person whose conduct is investigated of outcome of the investigation  

   PART 7--INVESTIGATIONS BY OTHER COMMONWEALTH AGENCIES

           Division 1--Nominated contact for investigations by law enforcement agencies

   60.     Nominating contact for investigation  

           Division 2--Managing or overseeing investigations by law enforcement agencies

   61.     Managing an investigation  
   62.     Overseeing an investigation  

           Division 3--Reporting

              Subdivision A--Reporting by law enforcement agencies during investigations

   63.     Integrity Commissioner may request individual progress report  
   64.     Integrity Commissioner may request periodic progress reports  
   65.     Head of law enforcement agency to keep person who referred corruption issue informed of progress of investigation  

              Subdivision B--Reporting by Commonwealth government agencies at end of investigations

   66.     Final report on investigation  
   67.     Integrity Commissioner may comment on final report  
   68.     Advising person who referred corruption issue of outcome of the investigation  
   69.     Advising person whose conduct is investigated of outcome of the investigation  

           Division 4--Integrity Commissioner to pass on information relevant to agency

   70.     Integrity Commissioner to pass on information relevant to agency investigation  

   PART 8--PUBLIC INQUIRIES INTO CORRUPTION ISSUES

           Division 1--Conducting a public inquiry

   71.     Minister may request Integrity Commissioner to conduct public inquiry  
   72.     Publicising inquiry  

           Division 2--Reporting

   73.     Report on public inquiry  
   74.     Giving report to Minister  

   PART 9--INTEGRITY COMMISSIONER’S POWERS IN CONDUCTING INVESTIGATIONS AND PUBLIC INQUIRIES

           Division 1--Requiring people to give information and produce documents or things

              Subdivision A--Requests by Integrity Commissioner

   75.     Request to staff member of law enforcement agency  
   76.     Request to person other than staff member of law enforcement agency  
   77.     Integrity Commissioner may retain documents and things  

              Subdivision B--Offence and related provisions

   78.     Failure to comply with Integrity Commissioner’s request  
   79.     Legal practitioner not required to disclose privileged communications  
   80.     Self-incrimination etc.  
   81.     Protection of person required to give information and produce documents  

           Division 2--Conducting hearings

              Subdivision A--General provisions

   82.     Integrity Commissioner may hold hearings  
   83.     Integrity Commissioner may summon person  
   84.     Integrity Commissioner may take evidence outside Australia  

              Subdivision B--Procedure at hearing

   85.     Who may be represented at a hearing  
   86.     Who may be present at a hearing  

              Subdivision C--Taking evidence at hearing

   87.     Evidence on oath or by affirmation  
   88.     Examination and cross-examination of witnesses  
   89.     Giving evidence in private  
   90.     Directions in relation to confidentiality  

              Subdivision D--Prohibitions against disclosing information about a summons

   91.     Disclosure of summons may be prohibited  
   92.     Offences of disclosure  

              Subdivision E--Offences in relation to hearings

   93.     Offences  
   94.     Contempt  
   95.     Legal practitioner not required to disclose privileged communications  
   96.     Self-incrimination etc.  

              Subdivision F--Court orders for delivery of witness’s passport and witness’s arrest

   97.     Integrity Commissioner may apply for order that witness deliver his or her passport  
   98.     Court orders  
   99.     Applying for a warrant to arrest witness  
   100.    Warrant for arrest  
   101.    Powers of Judge in relation to person arrested  

              Subdivision G--Miscellaneous

   102.    Integrity Commissioner may retain documents or things  
   103.    Person may apply for legal and financial assistance  
   104.    Protection of Integrity Commissioner etc.  
   104A.   Protection of witnesses etc.  

           Division 3--Entering certain places during an investigation without a search warrant

   105.    Power to enter places occupied by law enforcement agencies  
   106.    Receipts of things seized under warrant  

           Division 4--Search warrants

              Subdivision A--Preliminary

   107.    Application to things under the control of a person  

              Subdivision B--Applying for a search warrant

   108.    Authorised officer may apply for a search warrant  

              Subdivision C--Issue of a search warrant

   109.    When search warrants may be issued  
   110.    Content of warrants  
   111.    Application by telephone etc. and issue of warrant  
   112.    The things authorised by a search warrant in relation to premises  
   113.    The things authorised by a search warrant in relation to a person  
   114.    Restrictions on personal searches  
   115.    When warrant may be executed etc.  

              Subdivision D--General provisions about executing a search warrant

   116.    Announcement before entry  
   117.    Availability of assistance and use of force in executing a warrant  

              Subdivision E--Specific provisions about executing a warrant in relation to premises

   118.    Application  
   119.    Copy of warrant to be shown to occupier etc.  
   120.    Occupier entitled to watch search  
   121.    Specific powers available to person executing a warrant  
   122.    Use of equipment to examine or process things  
   123.    Use of electronic equipment at premises without expert assistance  
   124.    Use of electronic equipment at premises with expert assistance  
   125.    Person with knowledge of a computer or a computer system to assist access etc.  
   126.    Accessing data held on other premises—notification to occupier of those premises  
   127.    Compensation for damage to electronic equipment  
   128.    Copies of seized things to be provided  
   129.    Receipts of things seized under warrant  

              Subdivision F--Specific provisions about executing a warrant in relation to a person

   130.    Copy of warrant to be shown to person  
   131.    Conduct of an ordinary search or a frisk search  

              Subdivision G--Offences

   132.    Making false statements in warrants  
   133.    Offence for stating incorrect names in telephone warrants  
   134.    Offence for unauthorised form of warrant  
   135.    Offence for executing etc. an unauthorised form of warrant  
   136.    Offence for giving unexecuted form of warrant  

              Subdivision H--Miscellaneous

   137.    Other laws about search, arrest etc. not affected  
   138.    Law relating to legal professional privilege not affected  

           Division 5--Powers of arrest

   139.    Authorised officers may exercise powers of arrest  

           Division 6--Authorised officers

   140.    Appointment of authorised officers  
   141.    Identity cards  

   PART 10--DEALING WITH EVIDENCE AND INFORMATION OBTAINED IN INVESTIGATION OR PUBLIC INQUIRY

   142.    Evidence of offence or liability to civil penalty  
   143.    Evidence that could be used in confiscation proceedings  
   144.    Consultation with law enforcement agency head before taking action under section 142 or 143  
   145.    Notification of action taken under section 142 or 143  
   146.    Evidence of breach of duty or misconduct by staff member  
   147.    Evidence of, or information suggesting, wrongful conviction  

   PART 11--ATTORNEY-GENERAL’S CERTIFICATES ABOUT RELEASE OF INFORMATION

   149.    Attorney-General’s certificate in relation to particular information  
   150.    Integrity Commissioner’s access to section 149 certified information  
   151.    Giving another agency section 149 certified information  
   152.    Integrity Commissioner giving section 149 certified information to agency head or special investigator  

   PART 12--DEALING WITH ACLEI CORRUPTION ISSUES

           Division 1--Referring ACLEI corruption issues to Minister

   153.    Integrity Commissioner and ACLEI staff notifying Minister of ACLEI corruption issues  
   154.    Referral of ACLEI corruption issues by other persons  
   155.    Person may elect to be kept informed  

           Division 2--How Minister deals with ACLEI corruption issues

   156.    How Minister may deal with ACLEI corruption issues  
   157.    Qualification to conduct special investigation  
   158.    Counsel assisting special investigator  

           Division 3--Investigation by Integrity Commissioner

   159.    Application of Division  
   160.    Investigation and investigative powers  
   161.    Keeping Minister, and person who referred ACLEI corruption issue, informed of progress of the investigation  
   162.    Report on investigation  
   163.    Integrity Commissioner to give report to Minister  
   164.    Advising person who referred allegation or information about the outcome of the investigation  
   165.    Advising person whose conduct is investigated of outcome of the investigation  

           Division 4--Special investigations

   166.    Application of Part  
   167.    Investigation and investigative powers  
   168.    Keeping Minister, and person who referred ACLEI corruption issue, informed of progress of the investigation  
   169.    Report on investigation  
   170.    Special investigator to give report to Minister  
   171.    Minister may direct Integrity Commissioner to consider taking action  
   172.    Advising person who referred allegation or information about the outcome of the investigation  
   173.    Advising person whose conduct is investigated of outcome of the investigation  

           Division 5--Staff members of ACLEI to report corrupt conduct

   174.    Staff members of ACLEI to report corrupt conduct  

   PART 13--ADMINISTRATIVE PROVISIONS

           Division 1--Appointment etc

   175.    Appointment of Integrity Commissioner  
   176.    Judge may be appointed as Integrity Commissioner  
   177.    Acting appointment  
   178.    Remuneration  
   179.    Leave  
   180.    Outside employment  
   181.    Other terms and conditions  
   182.    Resignation  
   183.    Termination of employment  
   184.    Disclosure of interests  

           Division 2--Appointment etc

   185.    Appointment of Assistant Integrity Commissioners  
   186.    Judge may be appointed as an Assistant Integrity Commissioner  
   187.    Acting appointments  
   188.    Remuneration  
   189.    Leave  
   190.    Outside employment  
   191.    Other terms and conditions  
   192.    Resignation  
   193.    Termination of employment  
   194.    Disclosure of interests  

           Division 3--The Australian Commission for Law Enforcement Integrity

   195.    Establishment  
   196.    Function  
   197.    Staff  
   198.    Engagement of consultants  
   199.    Secondment of persons to assist Integrity Commissioner  
   200.    Counsel assisting Integrity Commissioner  

           Division 4--Public reporting

   201.    Annual report  
   202.    Inter-Governmental Committee comments on annual report  
   203.    Reports on investigations and public inquiries  
   204.    Special reports  
   205.    Inter-Governmental Committee comments on special report in relation to ACC  
   206.    Contents of annual or special report  

           Division 5--Confidentiality requirements

   207.    Confidentiality requirements for ACLEI staff  
   208.    Exceptions to confidentiality requirements  
   209.    Disclosure by Integrity Commissioner in public interest etc.  
   210.    Opportunity to be heard  
   211.    ACLEI staff generally not compellable in court proceedings  

   PART 14--PARLIAMENTARY JOINT COMMITTEE ON THE AUSTRALIAN COMMISSION FOR LAW ENFORCEMENT INTEGRITY

   212.    Definitions  
   213.    Joint Committee on the Australian Commission for Law Enforcement Integrity  
   214.    Powers and proceedings of the Committee  
   215.    Duties of the Committee  
   216.    Disclosure to Committee by Integrity Commissioner  
   217.    Disclosure to Committee by Minister  
   218.    Ombudsman to brief committee about controlled operations  

   PART 15--MISCELLANEOUS

   219.    Delegation  
   220.    Offence of victimisation  
   221.    Legal and financial assistance in relation to applications for administrative review  
   222.    Immunity from civil proceedings  
   223.    Immunities from certain State and Territory laws  
   223A.   Review of operation of Act  
   224.    Regulations