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CRIME AND CORRUPTION ACT 2001


- As at 25 May 2020 
- Act 69 of 2001 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

   PART 2 - PURPOSE

   4.      Act’s purposes
   5.      How Act’s purposes are to be achieved

   PART 3 - OVERVIEW

   6.      Purpose of pt 3
   7.      Crime and Corruption Commission
   8.      Crime Reference Committee
   9.      Parliamentary Crime and Corruption Committee
   10.     Parliamentary Crime and Corruption Commissioner
   11.     Public Interest Monitor

   PART 4 - INTERPRETATION

           Division 1 - Definitions

   12.     Definitions

           Division 2 - Corrupt conduct

   13.     Purpose of div 2
   14.     Definitions for div 2
   15.     Meaning of corrupt conduct
   16.     Conduct happening over time, or at any time, may be corrupt conduct
   17.     Conduct outside Queensland may be corrupt conduct
   18.     Conspiracy or attempt to engage in conduct may be corrupt conduct
   19.     Corrupt conduct not affected by time limitations

           Division 3 - Units of public administration

   20.     Meaning of unit of public administration
   21.     Holding appointment in unit of public administration

           Division 4 - References to major crime and corruption

   22.     References to major crime or corruption include suspected major crime or suspected corruption

           Division 5 - Terrorist acts

   22A.    Meaning of terrorist act

CHAPTER 2 - COMMISSION FUNCTIONS, INVESTIGATIONS AND REPORTING

   PART 1 - PREVENTION

   23.     Commission’s prevention function
   24.     How commission performs its prevention function

   PART 2 - CRIME

           Division 1 - Crime functions

   25.     Commission’s crime function
   26.     How commission performs its crime function

           Division 2 - Referrals by reference committee

   26A.    Definitions for div 2
   27.     Referrals to commission
   28.     Matters about which the reference committee must be satisfied before making a referral
   29.     Reference committee may give commission directions about investigations
   29A.    Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral
   30.     Amendment of referral to investigate
   30A.    Review and lapse of general referrals
   31.     Referrals to police service

           Division 3 - Dealing with major crime

   32.     Police task forces and other operational agreements

   PART 3 - CORRUPTION

           Division 1 - Corruption functions

   33.     Commission’s corruption functions
   34.     Principles for performing corruption functions
   35.     How commission performs its corruption functions
   35A.    Chief executive officer may issue direction about commission’s corruption function about complaints
   35B.    Publication of information about how commission performs its corruption function about complaints

           Division 2 - How to make a complaint

   36.     Complaining about corruption

           Division 3 - Duty to notify

   37.     Duty to notify commission of police misconduct
   38.     Duty to notify commission of corrupt conduct
   39.     Duty to notify is paramount
   40.     Commission may issue directions about notifications
   40A.    Record of alleged corrupt conduct not notified

           Division 4 - Dealing with complaints and other matters

              Subdivision 1 - Commissioner of police

   41.     Responsibility of commissioner of police
   42.     Dealing with complaints—commissioner of police

              Subdivision 2 - Other units of public administration

   43.     Responsibility of public officials, other than the commissioner of police
   44.     Dealing with complaints—public officials other than the commissioner of police

              Subdivision 3 - Commission

   45.     Responsibility of commission
   46.     Dealing with complaints—commission
   46A.    Dealing with matters mentioned in s 33(2)
   47.     Commission’s monitoring role for police misconduct
   48.     Commission’s monitoring role for corrupt conduct

              Subdivision 4 - Miscellaneous provision

   48A.    Policy about how complaints involving public official are to be dealt with

           Division 5 - Action following investigation

   49.     Reports about complaints dealt with by the commission
   50.     Commission may prosecute corrupt conduct
   51.     Other action for corruption

   PART 4 - RESEARCH, INTELLIGENCE AND OTHER FUNCTIONS

           Division 1 - Research

   52.     Research functions

           Division 2 - Intelligence

   53.     Intelligence functions
   54.     Database of intelligence information
   55.     Access to intelligence information held by police service

           Division 2A - Specific intelligence operations

   55A.    Authorising specific intelligence operation
   55B.    Matters reference committee must consider
   55C.    Reference committee may give commission directions

           Division 2B - Immediate responses to threats to public safety

   55D.    Authorising immediate response
   55E.    Matters reference committee must consider
   55F.    Reference committee may give commission directions

           Division 3 - Other functions

   56.     Commission’s other functions

   PART 5 - PERFORMANCE OF FUNCTIONS

   57.     Commission to act independently etc.
   58.     Independence of holders of judicial office
   59.     Commission to cooperate with other entities
   60.     Use and disclosure of information, document or thing
   61.     Commission’s functions not to limit proper performance of similar functions by other entities
   62.     (Repealed)

   PART 6 - REPORTING

           Division 1 - Application

   63.     Application of pt 6

           Division 2 - Commission reports

   64.     Commission’s reports—general
   65.     Commission reports—court procedures

           Division 3 - Confidential information

   66.     Maintaining confidentiality of information
   67.     Register of confidential information
   68.     Giving of reasons

           Division 4 - Tabling requirements

   69.     Commission reports to be tabled

           Division 5 - General

   70.     Giving material to tribunal inquiring into judge’s misbehaviour or incapacity
   71.     Giving other information to parliamentary committee
   71A.    Report containing adverse comment

CHAPTER 3 - POWERS

   PART 1 - PARTICULAR POWERS TO REQUIRE INFORMATION OR ATTENDANCE

           Division 1 - Particular powers in relation to units of public administration

              Subdivision 1 - Crime investigations and specific intelligence operations (crime)

   72.     Power to require information or documents

              Subdivision 2 - Corruption investigations

   73.     Power to enter etc.

           Division 2 - Notice to produce or discover

              Subdivision 1 - Crime investigations, specific intelligence operations (crime) and witness protection function

   74.     Notice to produce for crime investigation, specific intelligence operation (crime) or witness protection function

              Subdivision 1A - Confiscation related investigations

   74A.    Notice to produce for confiscation related investigation

              Subdivision 2 - Corruption investigations and specific intelligence operations (corruption)

   75.     Notice to discover information

           Division 2A - Further power to require production of documents or things at hearing

   75A.    Application of div 2A
   75B.    Power to require immediate production

           Division 3 - Procedure on claim of privilege

              Subdivision 1 - Crime investigations and specific intelligence operations (crime)

   76.     Application of sdiv 1
   77.     Commission officer to consider claim
   78.     Procedure for documents subject to claim of privilege

              Subdivision 1A - Confiscation related investigations

   78A.    Application of sdiv 1A
   78B.    Commission officer to consider claim of privilege
   78C.    Procedure for documents subject to claim of privilege

              Subdivision 2 - Corruption investigations and specific intelligence operations (corruption)

   79.     Application of sdiv 2
   80.     Commission officer to consider claim of privilege
   81.     Procedure for documents subject to claim of privilege

           Division 4 - Notice to attend

   82.     Notice to attend hearing—general
   83.     Notice to attend hearing—prisoner, patient or forensic disability client

           Division 5 - Confidential documents

   84.     Notice may be a confidential document

           Division 6 - Restriction on power

   85.     Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge

   PART 2 - SEARCH WARRANTS GENERALLY

   85A.    Definitions for part
   86.     Search warrant applications
   87.     Issue of search warrant
   88.     Order in search warrants about documents
   88A.    Order in search warrant about device information from digital device
   88B.    Order after digital device has been seized
   88C.    Compliance with order about device information from digital device
   89.     Search warrant may be a confidential document
   90.     When search warrant ends
   91.     What search warrant must state
   92.     Powers under search warrants
   93.     Copy of search warrant to be given to occupier
   94.     Limitation on search warrant powers for corruption investigations

   PART 3 - SEARCH OF PLACE TO PREVENT LOSS OF EVIDENCE

   95.     Application of part
   96.     Search to prevent loss of evidence
   97.     Post-search approval
   98.     Making of post-search approval order
   99.     Appeal

   PART 4 - SEARCHING PERSONS

           Division 1 - General provisions

   100.    General provisions about searches of persons
   101.    Taking a person to another place for search
   102.    Limitation on period of detention for search
   103.    Dealing with persons who obstruct search of person

           Division 2 - Searches involving removal of clothing

   104.    Application of division
   105.    Removal of clothing for search
   106.    Protecting the dignity of persons during search
   107.    Special requirements for searching children and persons with impaired capacity
   108.    If video cameras monitor place where person is searched

   PART 5 - SEIZING PROPERTY

   109.    Definitions for pt 5
   110.    General power to seize evidence—crime investigation
   110A.   General power to seize evidence—confiscation related investigation
   111.    General power to seize evidence—corruption investigation
   112.    Receipt for seized property
   113.    Application for order in relation to seized things
   114.    Orders magistrate may make in relation to seized thing
   115.    Disposal of seized things at end of proceeding
   116.    Right to inspect seized documents
   117.    Return of seized things
   118.    Application by owner etc. for return of things
   119.    Application by commission officer for order if ownership dispute

   PART 5A - MONITORING AND SUSPENSION ORDERS

           Division 1 - Interpretation and application

   119A.   Meaning of financial institution
   119B.   Application of pt 5A

           Division 2 - Monitoring orders

   119C.   Monitoring order applications
   119D.   Making of monitoring order
   119E.   What monitoring order must state
   119F.   When period stated in monitoring order starts
   119G.   Offence to contravene monitoring order
   119H.   Existence and operation of monitoring order not to be disclosed

           Division 3 - Suspension orders

   119I.   Suspension order application
   119J.   Making of suspension order
   119K.   What suspension order must state
   119L.   When period stated in suspension order starts
   119M.   Contravention of suspension order
   119N.   Existence and operation of suspension order not to be disclosed

   PART 6 - SURVEILLANCE DEVICES

           Division 1 - Non-application of Public Records Act 2002

   120.    Public Records Act 2002 does not apply to divs 2–3

           Division 2 - Use of surveillance devices under warrant of Supreme Court judge

   121.    Surveillance warrant applications
   122.    Who may be present at consideration of application for surveillance warrant
   123.    Consideration of application for surveillance warrant
   124.    Issue of surveillance warrant
   125.    What surveillance warrant must state
   126.    Report on use of surveillance devices
   127.    Duration and extension of surveillance warrants
   128.    Power under surveillance warrants

           Division 3 - Other provisions about surveillance devices

   129.    Restriction about records and access to surveillance warrant applications etc.
   130.    Disclosure of information obtained using surveillance warrant
   131.    Destruction of records

           Division 4 - (Repealed)

   PART 6A - CONTROLLED OPERATIONS AND CONTROLLED ACTIVITIES FOR CORRUPTION OFFENCES

           Division 1 - Preliminary

   132.    Object of pt 6A
   133.    Investigation of minor matters not affected
   134.    Lawfulness of particular actions
   135.    Controlled operations and activities generally

           Division 2 - Controlled operations committee

   136.    Declaration of controlled operations committee
   137.    Committee’s functions
   138.    Provisions applying to committee and committee’s annual report

           Division 3 - Approval of controlled operations

   139.    Application for approval
   140.    Application must be referred to committee
   141.    Particular controlled operations
   142.    Procedure in urgent circumstances other than if s 141 applies
   143.    Consideration and approval of application
   144.    What approval must state
   145.    Effect of approval

           Division 4 - Variation of approval for controlled operation

   146.    Application to vary approval
   146A.   Application must be referred to committee
   146B.   Particular controlled operations
   146C.   Procedure in urgent circumstances other than if s 146B applies
   146D.   When approval may be given
   146E.   How approval may be varied

           Division 5 - (Repealed)

           Division 6 - Authorising controlled activities

   146I.   Authorised controlled activities

           Division 7 - Miscellaneous

   146J.   Disclosure of information
   146K.   Protection from liability
   146L.   Admissibility of evidence obtained through controlled operation
   146M.   Evidentiary provision
   146N.   Powers not to be delegated

   PART 6B - ASSUMED IDENTITIES

           Division 1 - Preliminary

   146O.   Purpose of pt 6B
   146P.   How purpose is achieved
   146Q.   Definitions for pt 6B
   146R.   Public Records Act 2002 does not apply to divs 2–7

           Division 2 - Authorities for assumed identities

   146S.   Application for authority to acquire or use assumed identity
   146T.   Deciding application
   146U.   Form of authority
   146V.   Period of authority
   146W.   Variation or cancellation of authority
   146X.   Review of authority

           Division 3 - Evidence of assumed identities

              Subdivision 1 - Creation of birth certificates for assumed identities

   146Y.   Approval for creation of birth certificate for assumed identity
   146Z.   Giving effect to birth certificate approval
           146ZA . Destruction of birth certificate created under s 146Z

              Subdivision 2 - Other provisions about evidence of assumed identities

           146ZB . Request for evidence of assumed identity
           146ZC . Government issuing agency to comply with request
           146ZD . Non-government issuing agency may comply with request
           146ZE . Cancelling evidence of assumed identity

              Subdivision 3 - Protections and indemnities

           146ZF . Protection from criminal responsibility—officer of issuing agency
           146ZG . Indemnity for issuing agency and officers in relation to creation of birth certificates
           146ZH . Indemnity for issuing agency and officers in relation to other evidence of assumed identities
           146ZI . Protection from criminal responsibility for particular ancillary conduct

           Division 4 - Effect of authorities

           146ZJ . Assumed identity may be acquired and used
           146ZK . Protection from criminal responsibility—authorised person
           146ZL . Indemnity for authorised person
           146ZM . Particular qualifications
           146ZN . Effect of being unaware of variation or cancellation of authority

           Division 5 - Misuse of assumed identity and information

           146ZO . Misuse of assumed identity
           146ZP . Disclosing information about assumed identity

           Division 6 - Reporting and record keeping

           146ZQ . Report about authorities for assumed identities etc.
           146ZR . Record keeping
           146ZS . Audit of records

           Division 7 - Delegation

           146ZT . Delegation generally
           146ZU . Delegation—chairperson

   PART 7 - COVERT SEARCHES FOR CRIME INVESTIGATIONS

   147.    Application of pt 7
   148.    Covert search warrant applications
   149.    Who may be present at consideration of application
   150.    Consideration of application
   151.    Issue of covert search warrant
   152.    What covert search warrant must state
   153.    Duration and extension of covert search warrant
   154.    Restriction about records and access to covert search warrant applications
   155.    Powers under covert search warrant
   156.    Report on covert search

   PART 8 - ADDITIONAL POWERS WITH COURT’S APPROVAL

   157.    Application of pt 8
   158.    Additional powers warrant applications
   159.    Who may be present at consideration of application
   160.    Consideration of application
   161.    Issue of additional powers warrant
   162.    What additional powers warrant must state
   163.    Duration and extension of additional powers warrant
   164.    Restriction about records and access to additional powers warrant applications
   165.    Powers under additional powers warrant

   PART 9 - WARRANTS REGISTER

   166.    Register of warrants, warrant applications etc.

   PART 10 - ARREST WARRANTS

   167.    Arrest warrant application
   168.    Issue of arrest warrant
   169.    What arrest warrant authorises
   170.    Provision for overnight detention
   171.    Person’s liability for noncompliance with attendance notice unaffected by issue of arrest warrant

   PART 11 - GENERAL

   172.    Commission officer may use assistance in exercising particular powers
   173.    Protection for assistants from liability
   174.    Commission’s powers generally
   175.    Supplying officer’s details

CHAPTER 4 - HEARINGS AND DECIDING CLAIMS OF PRIVILEGE AND EXCUSE

   PART 1 - PROCEEDINGS

   176.    Commission may hold hearings
   177.    Whether hearings are to be open or closed
   178.    Who must conduct hearings
   179.    Who may be present at closed hearings
   180.    Conduct of hearings
   181.    Legal representation and examination
   182.    Right to interpreter

   PART 2 - REFUSALS AND CLAIMS OF PRIVILEGE AND REASONABLE EXCUSE

           Division 1 - Refusal to be sworn

   183.    Refusal to take oath

           Division 2 - Refusal to produce

              Subdivision 1 - Crime investigations and intelligence and witness protection functions

   184.    Application of sdiv 1
   185.    Refusal to produce—claim of reasonable excuse
   186.    Return of sealed documents or things for decision on claim of privilege at hearing

              Subdivision 2 - Corruption investigations

   187.    Application of sdiv 2
   188.    Refusal to produce—claim of reasonable excuse

           Division 3 - Refusal to answer

              Subdivision 1 - Crime investigations and intelligence and witness protection functions

   189.    Application of sdiv 1
   190.    Refusal to answer question

              Subdivision 2 - Corruption investigations

   191.    Application of sdiv 2
   192.    Refusal to answer question

           Division 4 - Deciding claims

              Subdivision 1 - Crime investigations and intelligence and witness protection functions

   193.    Application of sdiv 1
   194.    Presiding officer to decide whether refusal to answer questions or produce documents or things is justified
   195.    Appeals to Supreme Court

              Subdivision 1A - Confiscation related investigations

   195A.   Application of sdiv 1A
   195B.   Supreme Court to decide claim of privilege

              Subdivision 2 - Corruption investigations

   196.    Supreme Court to decide claim of privilege

           Division 5 - Restrictions on use

   197.    Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion

   PART 3 - CONTEMPT

   198.    Contempt of person conducting commission hearing
   198A.   Person in contempt may be detained
   199.    Punishment of contempt
   200.    Conduct that is contempt and offence

   PART 4 - GENERAL

   200A.   Confidentiality of particular proceedings
   201.    Commission must give evidence to defence unless court certifies otherwise
   202.    Publication of names, evidence etc.
   203.    Protection of members, legal representatives and witnesses
   204.    Allowances for witness
   205.    Legal assistance

CHAPTER 5 - OFFENCES AND DISCIPLINARY PROCEEDINGS RELATING TO CORRUPTION ETC.

   PART 1 - OFFENCES

   206.    Application of Criminal Code
   207.    Pretending to be a commission officer
   208.    Abuse of office in commission
   209.    Bribery of commission officer
   210.    Obstruction or delay of commission procedures
   211.    Injury or detriment to witness
   212.    Offence of victimisation
   213.    Secrecy
   214.    Unauthorised publication of commission reports
   215.    Resisting exercise of powers
   216.    Frivolous complaint
   216A.   Other improper complaints
   217.    False or misleading statements
   218.    False or misleading documents
   219.    Proceedings for an offence

   PART 2 - DISCIPLINARY PROCEEDINGS RELATING TO CORRUPTION ETC.—PARTICULAR PRESCRIBED PERSONS

           Division 1 - Preliminary

   219A.   Purposes of disciplinary proceedings
   219B.   Definitions for pt 2
           219BA . Meaning of reviewable decision

           Division 2 - QCAT’s jurisdiction

   219C.   Jurisdiction
   219D.   Jurisdiction relating to allegations of corrupt conduct against prescribed persons is exclusive
           219DA . QCAT hearing in relation to prescribed person whose employment or appointment has ended
   219E.   Relationship with Industrial Relations Act 2016

           Division 3 - Proceedings

   219F.   Proceedings relating to corrupt conduct
           219FA . Proceedings relating to particular reviewable decisions about former officers
   219G.   Proceedings relating to other reviewable decisions
   219H.   Conduct of proceedings relating to reviewable decisions

           Division 4 - QCAT’s powers

   219I.   Powers for corrupt conduct
           219IA . QCAT powers for prescribed persons whose employment or appointment ends
   219J.   Additional power for particular reviewable decisions
           219JA . Requirement to return particular matters to commissioner of police
   219K.   QCAT may refer matter for investigation
   219L.   QCAT’s power to suspend orders

           Division 5 - Appeals

   219M.   Appeal from QCAT exercising original jurisdiction

   PART 3 - REVIEW OF PARTICULAR POLICE DISCIPLINARY DECISIONS

           219N . Definitions for part
           219O . Reviewable decisions
           219P . Applications for review
           219Q . QCAT to decide review on evidence before decision maker
           219R . Parties to review
           219S . Additional power for substituted decisions
           219T . Requirement to return particular matters to commissioner of police
           219U . QCAT may refer matter for investigation

CHAPTER 6 - ADMINISTRATION

   PART 1 - CRIME AND CORRUPTION COMMISSION

           Division 1 - Establishment of Crime and Corruption Commission

   220.    Establishment
   221.    Commission has common seal etc.
   221A.   Commission is a statutory body
   222.    Excluded matter for Corporations Act

           Division 2 - Commissioners and chief executive officer

              Subdivision 1AA - Preliminary

   222A.   Meaning of officer for div 2

              Subdivision 1 - Membership and appointment

   223.    Membership of the commission
   223A.   Chief executive officer
   224.    Qualifications for appointment—chairperson and deputy chairperson
   225.    Qualifications for appointment—chief executive officer and ordinary commissioners
   226.    Disqualification as commissioner or chief executive officer
   227.    Advertising for appointment
   228.    Prior consultation and bipartisan support for appointments
   229.    Appointment of officers
   230.    (Repealed)

              Subdivision 2 - Other provisions about appointment

   231.    Duration of appointment
   232.    Terms of appointment
   233.    Preservation of rights
   234.    Leave of absence
   235.    Resignation
   236.    Termination of appointment
   237.    Acting appointments
   237A.   (Repealed)
   238.    Disclosure of interests

              Subdivision 3 - Chairperson’s pension entitlements

   238A.   Definitions for sdiv 3
   238B.   Judges pension scheme applies to chairperson
   238C.   Period for which person holds office as chairperson
   238D.   Pension at end of appointment generally
   238E.   Pension if appointment ends because of ill health
   238F.   When chairperson’s pension becomes payable
   238G.   Pension of spouse and children on death of chairperson
   238H.   What happens if former chairperson is removed from office as a judge
   238I.   What happens if former chairperson’s appointment is terminated under s 236(3)
   238J.   Former chairperson entitled to other pension
   238K.   Provision about agreements and court orders under Family Law Act 1975 (Cwlth)

           Division 2A - Sessional commissioners

   239.    Appointment of sessional commissioners
   240.    Qualification for appointment as a sessional commissioner
   241.    Disqualification as a sessional commissioner
   242.    Terms of appointment
   243.    Resignation
   244.    (Repealed)

           Division 3 - Senior officers

              Subdivision 1 - Appointment

   245.    Senior officers
   246.    Disqualification as a senior officer

              Subdivision 2 - Other provisions about appointment

   247.    Duration of appointment
   247A.   Notice to parliamentary committee
   248.    Basis of employment for senior officers
   249.    Preservation of rights
   250.    (Repealed)

           Division 4 - Roles of commission, chairperson and chief executive officer

   251.    Role of commission
   252.    Role of chairperson
   253.    Role of chief executive officer

           Division 5 - Commission staff and agents

   254.    Commission staff
   255.    Secondment of officers
   256.    Engagement of agents
   257.    Commission officers
   258.    Superannuation schemes

           Division 6 - Performance accountability

   259.    Budget and performance
   260.    Performance

           Division 7 - Meetings and other business of commission

   261.    Conduct of business
   262.    Chief executive officer or senior executive officer may attend meetings
   263.    Times and places of meetings
   264.    Quorum
   265.    Presiding at meetings
   266.    Conduct of meetings
   267.    Disclosure of interests
   268.    Minutes

           Division 8 - Delegations and authorised commission officers

   269.    Delegation—commission
   270.    Delegation—chairperson
   271.    Delegation—chief executive officer and senior executive officer
   272.    Authorised commission officer
   273.    Commission officer’s identity card

           Division 9 - Disciplinary action for senior officers and commission staff and agents etc.

              Subdivision 1 - Preliminary

   273A.   Definitions for div 9
           273AA . References to relevant employees

              Subdivision 2 - Grounds and disciplinary action generally

   273B.   Grounds for discipline
   273C.   Disciplinary action that may be taken against a relevant commission officer generally

              Subdivision 3 - Disciplinary action against a relevant commission officer who was a relevant employee

           273CA . Application of subdivision
           273CB . Action previous chief executive may take
           273CC . Action chief executive officer may take

              Subdivision 4 - Disciplinary action against a former relevant commission officer

   273D.   Disciplinary action that may be taken against a former relevant commission officer

              Subdivision 5 - Information about disciplinary action

           273DA . Information about disciplinary action to be given by chief executive officer
           273DB . Information about disciplinary action to be given to chief executive officer

              Subdivision 6 - Other provisions about disciplinary action

   273E.   Suspension of relevant commission officer liable to disciplinary action
   273F.   Procedure for disciplinary action

           Division 10 - Other provisions about senior officers and commission staff and agents

   273G.   Requirement to disclose previous history of serious disciplinary action
           273H . Relevant prosecuting authority to notify chief executive officer of prosecution proceeding

   PART 2 - CRIME REFERENCE COMMITTEE

           Division 1 - Establishment of Crime Reference Committee

   274.    Establishment

           Division 2 - Functions and support

   275.    Functions of reference committee
   276.    Commission to give committee administrative support

           Division 3 - Oversighting role

   277.    Reference committee may obtain information from commission

           Division 4 - Provisions about membership

   278.    Membership of reference committee
   279.    Deputy committee member
           279A . Delegation of functions of committee chairperson
   280.    Duration of appointment of appointed member
   281.    Terms of appointment of appointed member
   282.    Resignation of appointed member
   283.    Termination of appointment of appointed member

           Division 5 - Meetings and other business

   284.    Conduct of meetings and other business
   285.    Times and places of meetings
   286.    Quorum
   287.    Presiding at meetings
   288.    Conduct of meetings
   289.    Disclosure of interests
   290.    Minutes

   PART 3 - PARLIAMENTARY CRIME AND CORRUPTION COMMITTEE

           Division 1 - Establishment of parliamentary committee

   291.    Establishment of parliamentary committee

           Division 2 - Functions

   292.    Functions

           Division 3 - Powers

   293.    Powers
   294.    Directions by parliamentary committee to undertake investigation
   295.    Referral of concerns by parliamentary committee
   296.    Guidelines on operation of commission
   297.    Guidelines to be tabled
   298.    Disallowance of guideline
   299.    Limited saving of operation of guideline that ceases to have effect

           Division 4 - Membership

   300.    Membership of parliamentary committee
   301.    Membership of parliamentary committee continues despite dissolution

           Division 5 - Meetings

   302.    Quorum and voting at meetings of parliamentary committee
   302A.   Meetings of parliamentary committee generally to be held in public

   PART 4 - PARLIAMENTARY CRIME AND CORRUPTION COMMISSIONER

           Division 1 - Establishment of office of parliamentary commissioner

   303.    Office of parliamentary crime and corruption commissioner

           Division 2 - Provisions about appointment

   304.    Qualification for appointment as parliamentary commissioner
   305.    Disqualifications as parliamentary commissioner
   306.    Selection for appointment of parliamentary commissioner
   307.    Appointment of parliamentary commissioner
   308.    Acting parliamentary commissioner
   309.    Duration of parliamentary commissioner’s appointment
   310.    Terms of parliamentary commissioner’s appointment
   311.    Resignation
   312.    Termination of appointment
   313.    Oath of parliamentary commissioner

           Division 3 - Functions and support

   314.    Functions of parliamentary commissioner
   314A.   Recommendation or referral arising from investigation conducted on parliamentary commissioner’s own initiative
   314B.   Report on investigation conducted on parliamentary commissioner’s own initiative
   315.    Administrative and support services for parliamentary commissioner
   316.    Parliamentary commissioner can not be required to disclose particular information

           Division 4 - Powers

   317.    Powers of the parliamentary commissioner
   318.    Parliamentary commissioner may conduct hearings in limited circumstances
   319.    Notice may be a confidential document
   320.    Intelligence data review

           Division 5 - General

   321.    Confidentiality obligations not to apply
   322.    Commission not entitled to privilege
   323.    Parliamentary commissioner’s report subject to Parliamentary privilege
   323A.   Use of report on investigation conducted by parliamentary committee or parliamentary commissioner

   PART 5 - PUBLIC INTEREST MONITOR

           Division 1 - Appointment of public interest monitor

   324.    Public interest monitor
   325.    Acting monitor

           Division 2 - Functions

   326.    Monitor’s functions
   327.    Minister’s guidelines

           Division 3 - General

   328.    Monitor’s annual report

CHAPTER 7 - GENERAL

   329.    Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct
   330.    Persons subject to criminal history check
   331.    Effect of pending proceedings
   332.    Judicial review of commission’s activities in relation to corrupt conduct
   333.    Effect of further factors on order
   334.    Application under s 332
   335.    Protection of officials and others from liability
   336.    Protection of parliamentary commissioner and officers etc.
   337.    Protection from liability
   338.    Protection of witnesses etc.
   339.    Record of execution of warrant
   340.    Evidentiary aids
   341.    Personnel changes do not affect commission’s power to make findings or report
   342.    Inspection and use of material in commission’s possession
   343.    Information disclosure and privilege
   344.    Injunctions
   345.    Authority to administer oaths
   346.    Commissions of Inquiry Act 1950 prevails over this Act
   346A.   Protection of particular documents
   346B.   Declarations etc. relating to inquiry public records
   347.    Review of Act and commission’s operational and financial performance
   348.    Regulation-making power
   348A.   (Repealed)

CHAPTER 8 - REPEALS AND TRANSITIONAL, DECLARATORY, AND SAVINGS PROVISIONS

   PART 1 - REPEAL PROVISIONS

   349.    Repeals

   PART 2 - CRIME AND MISCONDUCT ACT 2001

   350.    Definitions for pt 2
   351.    References to repealed Acts and former titles
   352.    Assets, rights and liabilities
   353.    Proceedings
   354.    Continuation of complaints
   355.    Continuation of references
   356.    Offences
   357.    Chairperson of the criminal justice commission
   358.    Commissioners of the criminal justice commission
   359.    Crime commissioner
   360.    Management committee
   361.    Parliamentary committee
   362.    Parliamentary commissioner
   363.    Employees
   364.    Right of return to public service
   365.    Contract employees
   366.    Accrued entitlements
   367.    Public interest monitor
   368.    Special provisions for transitional office holders
   369.    Provision for selection processes started before the commencement
   370.    Provision for selection processes for roles of chairperson and assistant commissioners
   371.    Warrants
   372.    Notices
   373.    Action taken by parliamentary commissioner
   374.    Parliamentary commissioner to have possession of and deal with records of the CJC inquiry
   375.    Data and records of commission of inquiry
   375A.   Orders made by criminal justice commission or Queensland crime commission
   375B.   Confidential material under the Crime Commission Act

   PART 3 - CROSS-BORDER LAW ENFORCEMENT LEGISLATION AMENDMENT ACT 2005

   376.    Definitions for pt 3
   377.    Transitional provisions for pre-commencement day referrals to committee
   378.    Transitional provisions for controlled operations
   379.    Transitional provision for pre-commencement day recommendations
   380.    Transitional provision for covert operatives
   381.    Transitional provisions for authorities for birth certificates
   382.    Identity documents other than birth certificates

   PART 4 - CRIME AND MISCONDUCT AND OTHER LEGISLATION AMENDMENT ACT 2006

   383.    Declaration about repeal of Cross-Border Law Enforcement Legislation Amendment Act 2005, s 73(3)

   PART 5 - JUSTICE LEGISLATION AMENDMENT ACT 2008

   384.    Declaration about local governments and joint local governments

   PART 6 - CRIMINAL CODE AND JURY AND ANOTHER ACT AMENDMENT ACT 2008

   385.    Declaration

   PART 7 - CRIME AND MISCONDUCT AMENDMENT ACT 2009

   386.    Validation of referrals
   387.    Declaration
   388.    Preservation of limitations and amendments
   389.    Validation of crime investigations
   390.    Validation of use of information or evidence obtained by crime investigations conducted under referrals
   391.    Review and lapsing of general referrals

   PART 8 - CRIMINAL CODE AND OTHER LEGISLATION (MISCONDUCT, BREACHES OF DISCIPLINE AND PUBLIC SECTOR ETHICS) AMENDMENT ACT 2009

   392.    Transitional provision for prescribed person

   PART 9 - DIRECTORS’ LIABILITY REFORM AMENDMENT ACT 2013

   393.    Provision relating to s 346A
   394.    Provision relating to s 375

   PART 10 - CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AND OTHER LEGISLATION AMENDMENT ACT 2013

   395.    Use of privileged answers, documents, things or statements in proceedings under Confiscation Act

   PART 11 - CRIME AND MISCONDUCT AND OTHER LEGISLATION AMENDMENT ACT 2014

           Division 1 - Preliminary

   396.    Definitions for pt 11

           Division 2 - Continuing particular appointments until the commencement day

   397.    Acting chairperson
   398.    Part-time commissioners and acting part-time commissioners
   399.    Declaration for continued appointments

           Division 3 - General

   400.    References to Crime and Misconduct Act 2001 and particular terms
   401.    References to former titles

           Division 4 - Commissioners from commencement day

              Subdivision 1 - Existing appointments

   402.    Acting chairperson
   403.    Part-time commissioners
   404.    Acting part-time commissioners

              Subdivision 2 - New appointments

   405.    Provision for selection processes for roles of commissioners

              Subdivision 3 - Other provisions about former commissioners

   406.    Hearing, investigation or operation being conducted by former commissioner
   407.    Things done by or in relation to former commissioner

           Division 5 - Assistant commissioners

   408.    Assistant commissioners continue as senior executive officers
   409.    Acting assistant commissioners
   410.    Hearing, investigation or operation being conducted by assistant commissioner
   411.    Things done by or in relation to assistant commissioner (crime)
   412.    Things done by or in relation to assistant commissioner (misconduct)

           Division 6 - Functions of parliamentary commissioner

   413.    Investigations on parliamentary commissioner’s own initiative
   414.    Hearings conducted by parliamentary commissioner
   415.    Use of report of investigation conducted by parliamentary commissioner

           Division 7 - Other provisions

   416.    Existing complaints
   417.    Initial research plan
   418.    Investigation of holders of judicial officers
   419.    Notifying parliamentary committee of improper conduct
   420.    Disciplinary action
   421.    Declaration about s 385
   422.    Application of Public Interest Disclosure Act 2010

   PART 12 - ELECTORAL AND OTHER LEGISLATION AMENDMENT ACT 2015

   423.    Chairman’s pension entitlements

   PART 13 - CRIME AND CORRUPTION AMENDMENT ACT 2016

   424.    Chief executive officer
   425.    Acting appointments
   426.    References to chair titles

   PART 14 - SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016

           Division 1 - General

   427.    Authorisation by chairperson of immediate response function
   428.    Refusal to comply with notice to produce for fear of reprisal
   429.    Refusal to comply with attendance notice for fear of reprisal
   430.    Refusal to comply with requirement to produce stated document or thing for fear of reprisal
   431.    Refusal to answer question for fear of reprisal
   432.    Punishment for contempt
   433.    Commission must give evidence to defence

           Division 2 - Proceedings for offences and contempts relating to fear of reprisal

   434.    Definitions for division
   435.    Application of division
   436.    Application to Supreme Court
   437.    Hearing—offence
   438.    Hearing—contempt
   439.    Appeals
   440.    No cause of action

   PART 15 - CRIME AND CORRUPTION AND OTHER LEGISLATION AMENDMENT ACT 2018

           Division 1 - Amendments commencing on assent

   441.    Corruption functions
   442.    Reports to prosecuting authorities
   443.    QCAT orders about corrupt conduct
   444.    Period for starting proceedings relating to reviewable decisions
   445.    Disciplinary action against a relevant commission officer who was a relevant employee
   446.    Sharing disciplinary information
   447.    Notification of prosecution proceedings by relevant prosecuting authorities
   448.    Liability of officials and others

           Division 2 - Amendments commencing by proclamation

   449.    Existing complaints about corrupt conduct
   450.    Existing disciplinary proceedings about corrupt conduct

   PART 16 - POLICE SERVICE ADMINISTRATION (DISCIPLINE REFORM) AND OTHER LEGISLATION AMENDMENT ACT 2019

   451.    Definition for part
           452 . Saving of previous ch 5, pt 2
           452A . Application of ch 5, pt 2—particular reviewable decisions relating to former officers
   453.    Ending of particular suspensions under previous s 219L

   PART 17 - POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2020

   454.    Definitions for part
   455.    Particular applications or orders made before commencement
   456.    Declaratory provision about effect of amending Act
           SCHEDULE 1
           SCHEDULE 2


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