(1) The IBAC may access, receive, assess and deal with Royal Commission records for the purposes of performing its functions under this Act regardless of who the custodian of those records is.
1. See section 124 of the Inquiries Act 2014 which provides for the transfer of records of a Royal Commission to the Department of Premier and Cabinet once the Royal Commission ceases to exist.
2. See also section 10A of the Public Records Act 1973 .
(2) Subject to subsection (3), section 40 of the Inquiries Act 2014 continues to apply to Royal Commission records accessed, received, assessed and dealt with by the IBAC for the purposes of performing its functions under this Act.
(3) Nothing in section 40 of the Inquiries Act 2014 prevents—
(a) the admissibility of any evidence obtained as a direct or indirect consequence of the IBAC accessing, receiving, assessing or dealing with a Royal Commission record in a criminal proceeding or proceeding for the imposition of a penalty; or
(b) the IBAC from relying on a
Royal Commission record for the purposes of applying for a warrant under this
Act, the Crimes Act 1958 , the Criminal Procedure Act 2009 or the
Surveillance Devices Act 1999 .
Pt 5 (Heading and ss 102– 114) inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).
Part 5—Defensive equipment and firearms
(Heading) amended by No. 37/2014 s. 10(Sch. item 85.17).
S. 102 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).