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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corruption and Crime Commission Amendment
and Repeal Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to Corruption
and Crime Commission Act 2003
3. The Act amended 4
4. Long title replaced 4
5. Section 3 amended 4
6. Sections 4 and 5 inserted 11
7. Part 1 amended 12
8. Section 7 amended 13
9. Section 8 amended 15
10. Section 12 amended 15
11. Section 18 inserted 16
12. Section 15 amended 19
13. Section 16 amended 20
14. Section 19 amended 20
15. Section 21 inserted 20
16. Section 21A inserted 20
17. Parts 3 to 8 inserted 21
18. Section 40 amended 111
19. Section 42 amended 112
20. Section 43 amended 112
21. Section 60 amended 112
22. Parts 10 and 11 inserted 113
23. Section 185 inserted 124
218--3 page i
Corruption and Crime Commission Amendment and Repeal Bill 2003
Contents
24. Section 33 amended 126
25. Section 34 amended 126
26. Section 38 amended 127
27. Section 40 amended 128
28. Sections 196 to 198 and Part 13 Division 3 inserted 128
29. Part 13A inserted 136
30. Section 51 amended 137
31. Section 57 amended 137
32. Schedule 1 amended 137
33. Schedule 1 inserted 138
34. Schedule 2 amended 139
35. Renumbering of provisions of Corruption and Crime
Commission Act 2003 139
Part 3 -- Repeals, transitional and
savings provisions, and
consequential amendments
Division 1 -- General
36. Application of Interpretation Act 1984 144
37. Meaning of terms used in this Part 144
Division 2 -- Criminal Investigation (Exceptional
Powers) and Fortification Removal Act 2002
38. Meaning of terms used in this Division 144
39. Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 repealed 145
40. Things done under repealed Act 145
41. Offences 145
42. Transfer of records 146
43. Continuing protection of witnesses 146
Division 3 -- Anti-Corruption Commission Act 1988
Subdivision 1 -- Amendments to the
Anti-Corruption Commission Act 1988
44. The Act amended 147
45. Long title replaced 147
46. Section 3 amended 147
47. Section 5A inserted 148
48. Section 12 amended 148
49. Part II Division 3 repealed 149
50. Section 17 amended 149
page ii
Corruption and Crime Commission Amendment and Repeal Bill 2003
Contents
51. Section 19 amended 149
52. Section 48A inserted 149
Subdivision 2 -- Repeal of the Anti-Corruption
Commission Act 1988 and transitional and
savings provisions
53. Meaning of terms used in this Division 151
54. Anti-Corruption Commission Act 1988 repealed 151
55. References to repealed Act and former titles 151
56. Transfer of assets and liabilities to Commission 152
57. Notices and requests 152
58. Proceedings 153
59. Continuation of allegations 153
60. Offences 153
61. Completion of things done 153
62. Continuing effect of things done 154
63. Warrants and emergency authorisations continued in
force 154
64. Transfer of records 154
65. A-CC officers 155
66. Financial reporting 156
Division 4 -- Royal Commission (Police) Act 2002
67. Powers of CCC regarding matters related to Police
Royal Commission 157
68. Warrants and emergency authorisations continued in
force 158
69. Assumed identity approvals continue in force 158
70. Records 158
71. Royal Commission (Police) Act 2002 amended 159
Division 5 -- Parliamentary Commissioner Act 1971
72. Parliamentary Commissioner Act 1971 amended 159
73. Parliamentary Commissioner must refer certain
investigations to CCC 160
Division 6 -- Consequential amendments to
other Acts
74. Other Acts amended 160
Division 7 -- General
75. Further transitional provisions may be made 160
page iii
Corruption and Crime Commission Amendment and Repeal Bill 2003
Contents
Schedule 1 -- Amendments to other
Acts as a consequence of enactment
and amendment of the Corruption
and Crime Commission Act 2003 163
Division 1 -- Parliamentary Commissioner Act 1971
amended 163
1. The Act amended 163
2. Long title amended 163
3. Section 4 amended 163
4. Section 14 amended 164
5. Section 22A amended 164
6. Section 22B amended 164
7. Schedule 1 amended 165
Division 2 -- Amendments to other Acts 165
8. Surveillance Devices Act 1998 amended 165
9. Telecommunications (Interception) Western Australia
Act 1996 amended 172
Schedule 2 -- Amendments to other
Acts as a consequence of repeal of
the Anti-Corruption Commission
Act 1988 175
Division 1 -- Parliamentary Commissioner Act 1971
amended 175
1. The Act amended 175
2. Section 4 amended 175
3. Section 22A amended 175
4. Section 22B amended 175
5. Schedule 1 amended 175
Division 2 -- Amendments to other Acts 175
6. Court Security and Custodial Services Act 1999
amended 175
7. The Criminal Code amended 176
8. Financial Administration and Audit Act 1985
amended 177
9. Freedom of Information Act 1992 amended 177
10. Juries Act 1957 amended 177
page iv
Corruption and Crime Commission Amendment and Repeal Bill 2003
Contents
11. Prisons Act 1981 amended 177
12. Public Interest Disclosure Act 2003 amended 178
13. Salaries and Allowances Act 1975 amended 178
14. Spent Convictions Act 1988 amended 179
15. Surveillance Devices Act 1998 amended 179
16. Telecommunications (Interception) Western Australia
Act 1996 amended 181
page v
Western Australia
LEGISLATIVE COUNCIL
Corruption and Crime Commission Amendment
and Repeal Bill 2003
A Bill for
An Act to --
• amend the Corruption and Crime Commission Act 2003;
• repeal the Anti-Corruption Commission Act 1988;
• repeal the Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002; and
• make amendments and provide for transitional matters as a
consequence of the enactment of this Act and the repeal of other
Acts.
The Parliament of Western Australia enacts as follows:
page 1
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Corruption and Crime Commission
Amendment and Repeal Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) A day for the coming into operation of Part 3 Division 3
Subdivision 2 is to be fixed under subsection (1) after the
Corruption and Crime Commission has certified, by written
notice delivered to the Governor, that --
(a) the Corruption and Crime Commission is of the opinion
15 that the functions of the Anti-Corruption Commission
are substantially exhausted.
(b) each member of staff has --
(i) become an officer of the Commission;
(ii) become an officer of an organisation (other than
20 the A-CC) within the meaning of the Public
Sector Management Act 1994;
(iii) been registered under Part 4 of the Public Sector
Management (Redeployment and Redundancy)
Regulations 1994;
25 (iv) reached the end of a fixed term contract;
(v) resigned; or
(vi) had his or her contract terminated.
(4) Except as provided in subsection (3), so much of this Act as has
not been proclaimed is to come into operation upon the date
30 12 months after the date upon which this Act receives the Royal
Assent.
page 2
Corruption and Crime Commission Amendment and Repeal Bill 2003
Preliminary Part 1
s. 2
(5) In this section --
"member of staff" means a person who is in the employment
of the A-CC on the coming into operation of section 6.
(6) For the purposes of the Public Sector Management
5 (Redeployment and Redundancy) Regulations 1994 the chief
executive officer of the Department of the Premier and Cabinet
is taken to be the employing authority of the members of staff.
(7) The chief executive officer of the Department of the Premier
and Cabinet shall have the same right to terminate the fixed
10 term contract of any member of staff as if the chief executive
officer were the employer of that member of staff.
page 3
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 3
Part 2 -- Amendments to Corruption and Crime
Commission Act 2003
3. The Act amended
The amendments in this Part are to the Corruption and Crime
5 Commission Act 2003*.
[* Act No. 48 of 2003.]
4. Long title replaced
The long title is repealed and the following long title is inserted
instead --
10 "
An Act to --
• provide for the establishment and operation of a
Corruption and Crime Commission;
• provide for the establishment and operation of a
15 Parliamentary Inspector of the Corruption and Crime
Commission; and
• make amendments as a consequence of the enactment of
this Act.
".
20 5. Section 3 amended
(1) Section 3 is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"allegation" means --
25 (a) a report made to the Commission under
section 25;
(b) a proposition initiated by the Commission
under section 26;
(c) a matter notified under section 30(2); or
30 (d) a received matter;
page 4
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 5
"appropriate authority" means a person, body or
organisation who or which is empowered by a law
of the State to take investigatory or other action, or
both, in relation to misconduct, but does not
5 include an independent agency or either House of
Parliament;
"bipartisan support" means the support of --
(a) members of the Standing Committee who are
members of the party of which the Premier is
10 a member; and
(b) members of the Standing Committee who are
members of the party of which the Leader of
the Opposition is a member;
"Commissioner of Police" means the person holding
15 or acting in the office of Commissioner of Police
under the Police Act 1892;
"contractor" has the meaning given by the Court
Security and Custodial Services Act 1999 or the
Prisons Act 1981, as is relevant to the case;
20 "Director of Public Prosecutions" has the meaning
given to "Director" in the Director of Public
Prosecutions Act 1991;
"disciplinary action" means any disciplinary action
under any law or contract and includes --
25 (a) action under section 8 of the Police
Act 1892; and
(b) the taking of action against a person, with a
view to dismissing, dispensing with the
services of or otherwise terminating the
30 services of that person;
"disciplinary offence" includes any conduct or other
matter that constitutes or may constitute grounds
for disciplinary action;
"examination" means an examination under Part 7;
page 5
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 5
"independent agency" means --
(a) the Parliamentary Commissioner;
(b) the Director of Public Prosecutions;
(c) the Auditor General;
5 (d) the Inspector of Custodial Services; and
(e) the Commissioner for Public Sector
Standards;
"inquiry" means an inquiry by the Parliamentary
Inspector under section 197;
10 "investigation" means an investigation under this Act
and includes a preliminary investigation referred to
in section 32;
"legal practitioner" has the meaning given to
"practitioner" in the Legal Practitioners Act 1893;
15 "misconduct" has the meaning given by section 4;
"nominating committee" means a committee
consisting of --
(a) the Chief Justice;
(b) the Chief Judge of the District Court; and
20 (c) a person appointed by the Governor to
represent the interests of the community;
"notifying authority" means --
(a) a department or organisation as defined in
the Public Sector Management Act 1994;
25 (b) an entity in respect of which a declaration is
in effect under section 52(4) of the Financial
Administration and Audit Act 1985;
(c) a statutory authority as defined in the
Financial Administration and Audit
30 Act 1985;
(d) an authority to which the Parliamentary
Commissioner Act 1971 applies;
page 6
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 5
(e) a person or body, or holder of an office --
(i) under whom or which a public officer
holds office or by whom or which a
public officer is employed; or
5 (ii) who or which is prescribed for the
purposes of this subparagraph,
but does not include the President of the
Legislative Council or the Speaker of the
Legislative Assembly;
10 "organised crime" means activities of 2 or more
persons associated together solely or partly for
purposes in the pursuit of which 2 or more
Schedule 1 offences are committed, the
commission of each of which involves substantial
15 planning and organisation;
"organised crime examination" means an
examination to which a person is summoned under
an organised crime summons;
"organised crime summons" means a summons
20 issued under section 96 on an application by the
Commissioner of Police under section 48;
"Parliamentary Commissioner" has the meaning
given to "Commissioner" under the Parliamentary
Commissioner Act 1971;
25 "perform" includes to exercise;
"police officer" means a person appointed --
(a) under Part I of the Police Act 1892 to be a
member of the Police Force;
(b) under Part III of the Police Act 1892 to be a
30 special constable; or
(c) under section 38A of the Police Act 1892 to
be an aboriginal aide;
page 7
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 5
"principal officer of a notifying authority" means --
(a) in the case of a department or organisation as
defined in the Public Sector Management
Act 1994, the chief executive officer or chief
5 employee of that department or organisation;
(b) in the case of a notifying authority that is an
entity in respect of which a declaration is in
effect under section 52(4) of the Financial
Administration and Audit Act 1985, the
10 holder of the office that is the subject of that
declaration;
(c) in the case of a contractor and any
subcontractor under the relevant contract, the
holder of the office specified in the relevant
15 contract to be the principal officer for the
purposes of this Act; and
(d) in any other case --
(i) the person specified in the regulations as
the principal officer of that notifying
20 authority or a notifying authority of that
class; or
(ii) if no person is specified under
subparagraph (i), the person who is the
head of that notifying authority, its most
25 senior officer or the person normally
entitled to preside at its meetings;
"public authority" means --
(a) a notifying authority;
(b) a body mentioned in Schedule V Part 3 to
30 the Constitution Acts Amendment Act 1899;
(c) an authority, board, corporation,
commission, council, committee, local
government, regional local government or
similar body established under a written law;
page 8
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 5
(d) a body that is the governing authority of a
body referred to in paragraph (b) or (c); or
(e) a contractor or subcontractor;
"received matter" means --
5 (a) a matter referred to the Commission by the
Police Royal Commission, the A-CC or the
Parliamentary Commissioner;
(b) a matter received by the Commission in the
performance of its functions under
10 section 19(2)(b); or
(c) any allegation made to the A-CC under the
Anti-Corruption Commission Act 1988 that
has not been finally dealt with under that Act
immediately before the repeal of that Act
15 under section 54 of the Corruption and
Crime Commission Amendment and Repeal
Act 2003;
"reviewable police action" means any action taken by
a police officer or an employee of the Police
20 Service of the Public Service, that --
(a) is contrary to law;
(b) is unreasonable, unjust, oppressive or
improperly discriminatory;
(c) is in accordance with a rule of law, or a
25 provision of an enactment or a practice, that
is or may be unreasonable, unjust, oppressive
or improperly discriminatory;
(d) is taken in the exercise of a power or a
discretion, and is so taken for an improper
30 purpose or on irrelevant grounds, or on the
taking into account of irrelevant
considerations; or
page 9
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 5
(e) is a decision that is made in the exercise of a
power or a discretion and the reasons for the
decision are not, but should be, given;
"Schedule 1 offence" means an offence described in
5 Schedule 1;
"section 5 offence" has the meaning given by
section 5;
"serious misconduct" means misconduct of a kind
described in section 4(a), (b) or (c);
10 "Standing Committee" means the committee referred
to in section 216A;
"State Records Commission" means the Commission
established under section 57 of the State Records
Act 2000;
15 "subcontractor" has the meaning given by the Court
Security and Custodial Services Act 1999 or the
Prisons Act 1981, as is relevant to the case;
"witness" means a person who appears at an
examination or an inquiry to give evidence,
20 whether the person has been summoned or appears
without being summoned.
".
(2) Section 3 is further amended by inserting the following
subsection --
25 "
(2) Nothing in this Act affects, or is intended to affect, the
operation of the Parliamentary Privileges Act 1891 or
the Parliamentary Papers Act 1891 and a power, right
or function conferred under this Act is not to be
30 exercized if, or to the extent, that the exercize would
relate to a matter determinable exclusively by a House
of Parliament, unless that House so resolves.
".
page 10
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 5
6. Sections 4 and 5 inserted
After section 3 the following sections are inserted --
"
4. Misconduct
5 Misconduct occurs if --
(a) a public officer corruptly acts or corruptly fails
to act in the performance of the functions of the
public officer's office or employment;
(b) a public officer corruptly takes advantage of the
10 public officer's office or employment as a
public officer to obtain a benefit for himself or
herself or for another person or to cause a
detriment to any person;
(c) a public officer whilst acting or purporting to
15 act in his or her official capacity, commits an
offence punishable by 2 or more years'
imprisonment; or
(d) a public officer engages in conduct that --
(i) adversely affects, or could adversely
20 affect, directly or indirectly, the honest
or impartial performance of the
functions of a public authority or public
officer whether or not the public officer
was acting in their public officer
25 capacity at the time of engaging in the
conduct;
(ii) constitutes or involves the performance
of his or her functions in a manner that
is not honest or impartial;
30 (iii) constitutes or involves a breach of the
trust placed in the public officer by
reason of his or her office or
employment as a public officer; or
page 11
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 7
(iv) involves the misuse of information or
material that the public officer has
acquired in connection with his or her
functions as a public officer, whether
5 the misuse is for the benefit of the
public officer or the benefit or detriment
of another person,
and constitutes or could constitute --
(v) an offence against the Statutory
10 Corporations (Liability of Directors)
Act 1996 or any other written law; or
(vi) a disciplinary offence providing
reasonable grounds for the termination
of a person's office or employment as a
15 public service officer under the Public
Sector Management Act 1994 (whether
or not the public officer to whom the
allegation relates is a public service
officer or is a person whose office or
20 employment could be terminated on the
grounds of such conduct).
5. Section 5 offences
A section 5 offence is a Schedule 1 offence committed
in the course of organised crime.
25 ".
7. Part 1 amended
(1) Part 1 is amended by inserting after "Part 1 -
Preliminary" --
" Division 1 -- Introduction ".
page 12
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 8
(2) After section 5 the following Division is inserted --
"
Division 2 -- Purpose
7A. Act's purposes
5 The main purposes of this Act are --
(a) to combat and reduce the incidence of
organised crime; and
(b) to improve continuously the integrity of, and to
reduce the incidence of misconduct in, the
10 public sector.
7B. How Act's purposes are to be achieved
(1) The Act's purposes are to be achieved primarily
by establishing a permanent commission to be
called the Corruption and Crime Commission.
15 (2) The Commission is to be able to authorise the
use of investigative powers not ordinarily
available to the police service to effectively
investigate particular cases of organised crime.
(3) The Commission is to help public authorities to
20 deal effectively and appropriately with
misconduct by increasing their capacity to do
so while retaining power to itself investigate
cases of misconduct, particularly serious
misconduct.
25 ".
8. Section 7 amended
(1) Section 7(3) is amended by inserting after "appointed" --
" on the recommendation of the Premier ".
page 13
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 8
(2) After section 7(3) the following subsections are inserted --
"
(3a) Except in the case of the first appointment, the Premier
is to recommend the appointment of a person --
5 (a) whose name is on a list of 3 persons eligible for
appointment that is submitted to the Premier by
the nominating committee; and
(b) who, if there is a Standing Committee, has the
support of the majority of the Standing
10 Committee and bipartisan support.
(3b) Before making nominations under subsection (3a) the
nominating committee shall advertise throughout
Australia for expressions of interest.
".
15 (3) Section 7(4) is deleted and the following subsections are
inserted instead --
"
(4) Except in the case of the first appointment, before an
appointment is made under subsection (3), the Premier
20 must consult with --
(a) the Standing Committee; or
(b) if there is no Standing Committee, the Leader
of the Opposition, and the leader of any other
political party with at least 5 members in either
25 House.
(4a) In the case of the first appointment, before the
appointment is made the Premier is to consult with the
Leader of the Opposition.
".
page 14
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 9
9. Section 8 amended
Section 8 is amended as follows --
(a) by deleting subsections (1) and (2) and
inserting instead --
5 "
(1) A person is qualified for appointment as
the Commissioner if the person has
served as, or is qualified for
appointment as, a judge of the Supreme
10 Court of Western Australia or another
State or Territory, the High Court of
Australia or the Federal Court of
Australia.
";
15 (b) after subsection (3) the following subsection is
inserted --
"
(4) A person holding a judicial office shall
retire upon appointment as
20 Commissioner.
".
10. Section 12 amended
Section 12 is amended by inserting the following subsection
after subsection (2) --
25 "
(2a) The process for nomination and consultation
with regard to the appointment of a person to
act in the office of Commissioner shall be the
same as that for the appointment of the
30 Commissioner except that --
(a) the process may be carried out
prospectively even though the necessity
for an appointment has not arisen;
page 15
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 11
(b) it may be carried out with respect to a
number of persons each of whom is
eligible to be appointed should the
necessity arise; and
5 (c) any bipartisan support for a person
lapses on the expiration of 12 months
from the date of the resolution.
".
11. Section 18 inserted
10 After section 15 the following section is inserted --
"
18. Commission's misconduct function
(1) It is a function of the Commission (the "misconduct
function") to ensure that an allegation about, or
15 information or matter involving, misconduct is dealt
with in an appropriate way.
(2) Without limiting how the Commission may perform
the misconduct function, the Commission performs the
function by --
20 (a) receiving and initiating allegations of
misconduct;
(b) considering whether action is needed in relation
to allegations and matters related to misconduct;
(c) investigating or taking other action in relation to
25 allegations and matters related to misconduct if it
is appropriate to do so, or referring the allegations
or matters to independent agencies or appropriate
authorities so that they can take action themselves
or in cooperation with the Commission;
30 (d) monitoring the way in which independent
agencies and appropriate authorities take action
in relation to allegations and matters that are
referred to them by the Commission;
page 16
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 11
(e) regardless of whether or not there has been an
allegation of misconduct, investigating whether
misconduct --
(i) has or may have occurred;
5 (ii) is or may be occurring;
(iii) is or may be about to occur; or
(iv) is likely to occur;
(f) making recommendations and furnishing
reports on the outcome of investigations;
10 (g) consulting, cooperating and exchanging
information with independent agencies,
appropriate authorities and --
(i) the Commissioner of the Australian
Federal Police;
15 (ii) the Commissioner of a Police Force of
another State or Territory;
(iii) the CEO of the Australian Crime
Commission established by the
Australian Crime Commission Act 2002
20 of the Commonwealth;
(iv) the Commissioner of Taxation holding
office under the Taxation
Administration Act 1953 of the
Commonwealth;
25 (v) the Director-General of Security holding
office under the Australian Security
Intelligence Organisation Act 1979 of
the Commonwealth;
(vi) the Director of the Australian
30 Transaction Reports and Analysis
Centre under the Financial Transaction
Reports Act 1988 of the
Commonwealth;
page 17
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 11
(vii) any person, or authority or body of this
State, the Commonwealth, another State
or a Territory that is declared by the
Minister to be a person, authority or
5 body to which this paragraph applies;
(h) assembling evidence obtained in the course of
exercising the misconduct function and --
(i) furnishing to an independent agency or
another authority, evidence which may
10 be admissible in the prosecution of a
person for a criminal offence against a
written law or which may otherwise be
relevant to the functions of the agency
or authority; and
15 (ii) furnishing to the Attorney General or a
suitable authority of another State, a
Territory, the Commonwealth or
another country, evidence which may be
admissible in the prosecution of a
20 person for a criminal offence against a
law of the jurisdiction concerned or
which may otherwise be relevant to that
jurisdiction.
(3) When the Commission is deciding whether further
25 action for the purposes of this Act in relation to an
allegation is warranted, the matters to which it may
have regard include the following --
(a) the seriousness of the conduct or involvement
to which the allegation relates;
30 (b) whether or not the allegation is frivolous or
vexatious or is made in good faith;
(c) whether or not the conduct or involvement to
which the allegation relates is or has been the
subject of appropriate investigatory or other
35 action otherwise than for the purposes of this
Act;
page 18
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 12
(d) whether or not, in all the circumstances, the
carrying out of further action for the purposes
of this Act in relation to the allegation is
justified or is in the public interest.
5 ".
12. Section 15 amended
Section 15(2) is amended in the following manner --
(1) by deleting paragraph (a) and inserting instead --
"
10 (a) analysing the intelligence it gathers in support
of its investigations into organised crime and
misconduct; and
(ab) analysing the results of its investigations and
the information it gathers in performing its
15 functions; and
(ac) analysing systems used within public
authorities to prevent misconduct; and
(ad) using information it gathers from any source in
support of its prevention and education
20 function; and
".
(2) after paragraph (c) to insert --
"
(ca) ensuring that in performing all of its functions
25 it has regard to its prevention and education
function; and
(cb) generally increasing the capacity of public
authorities to prevent misconduct by providing
advice and training to those authorities, if
30 asked, to other entities; and
".
page 19
Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 13
13. Section 16 amended
Section 16(2) is amended by deleting "The" and inserting
instead --
"
5 Without limiting the Commission's functions under
section 18, the
".
14. Section 19 amended
Section 19(4)(d) is amended by deleting "a Standing
10 Committee" and inserting instead --
" the Standing Committee ".
15. Section 21 inserted
After section 17 the following section is inserted --
"
15 21. Commission's organised crime functions
The Commission has the functions set out in Part 4.
".
16. Section 21A inserted
After section 17 the following section is inserted --
20 "
21A. Reviewable police action
(1) The Commissioner of Police is required to notify the
Commission of matters concerning, or that may
concern, reviewable police action in accordance with
25 guidelines issued under section 30.
(2) The Commission may deal with a matter notified under
subsection (1) as if it were a matter notified under
section 28(2).
".
page 20
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to Corruption and Crime Commission Act 2003 Part 2
s. 17
17. Parts 3 to 8 inserted
Before Part 3 the following Parts are inserted --
"
Part 3 -- Misconduct
5 Division 1 -- Assessments and opinions
22. Assessments and opinions
(1) Regardless of whether or not there has been an
allegation of misconduct, the Commission may make
assessments and form opinions as to whether
10 misconduct --
(a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
(d) is likely to occur.
15 (2) The Commission may make the assessments and form
the opinions on the basis of --
(a) consultations, and investigations and other
actions (either by itself or in cooperation with
an independent agency or appropriate
20 authority);
(b) investigations or other action of the Police
Royal Commission;
(c) preliminary inquiry and further action by the
A-CC;
25 (d) investigations or other action of an independent
agency or appropriate authority; or
(e) information included in any received matter or
otherwise given to the Commission.
(3) The Commission may advise an independent agency or
30 appropriate authority of an assessment or opinion.
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23. Commission must not publish opinion as to
commission of offence
(1) The Commission must not publish or report a finding
or opinion that a particular person has committed, is
5 committing or is about to commit a criminal offence or
a disciplinary offence.
(2) An opinion that misconduct has occurred, is occurring
or is about to occur is not, and is not to be taken as, a
finding or opinion that a particular person has
10 committed, or is committing or is about to commit a
criminal offence or disciplinary offence.
Division 2 -- Allegations
24. Allegations
(1) Subject to section 27 the Commission --
15 (a) is to receive allegations of misconduct by way
of --
(i) reports under section 25;
(ii) matters notified under section 28(2);
and
20 (iii) received matters;
and
(b) may initiate allegations of misconduct by way
of propositions under section 26.
(2) Before assessing an allegation received by the
25 Commission, the Commission may seek further
information about the allegation from the person
making the allegation in such form as the Commission
thinks fit.
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25. Any person may report misconduct
(1) A public officer or any other person may report to the
Commission any matter which that person suspects on
reasonable grounds concerns or may concern
5 misconduct that --
(a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
(d) is likely to occur.
10 (2) A report may be made to the Commission orally or in
writing.
(3) This section has effect despite --
(a) the provisions of any other Act, whether
enacted before or after this Act; and
15 (b) any obligation the person has to maintain
confidentiality about a matter to which the
allegation relates.
(4) A person who exercises the power conferred by
subsection (1) does not commit an offence by reason of
20 that exercise.
(5) A person who makes a report under this section and
who does so
(a) knowing that the content of the report is false or
misleading in a material respect;
25 (b) maliciously, or recklessly,
is guilty of a crime.
Penalty: Imprisonment for 3 years and a fine of
$60 000.
Summary conviction penalty: $10 000.
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(6) A charge cannot be brought against a person under
subsection (5) other than by the Director of Public
Prosecutions.
(7) A publication by --
5 (a) a complainant;
(b) a person who has relied upon information
derived from a complainant; or
(c) a person who has no reliable source of
knowledge (which shall be presumed in the
10 absence of proof to the contrary),
that an allegation has been made about a person to the
Commission carries with it, an inference that there
were reasonable grounds for making the complaint.
26. Proposition by Commission
15 (1) The Commission may make a proposition that
misconduct --
(a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
20 (d) is likely to occur.
(2) A proposition under subsection (1) may be based on
the Commission's own experience and knowledge, or
assessment of a received matter, and independently of
any allegation referred to in section 25.
25 27. Allegation about Commissioner, Parliamentary
Inspector or judicial officer not to be received or
initiated
(1) An allegation about the Commissioner must not be
received by the Commission.
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(2) An allegation about a person in his or her capacity as
the Parliamentary Inspector, or an officer of the
Parliamentary Inspector, must not be received or
initiated by the Commission.
5 (3) An allegation about a person in his or her capacity as
the holder of a judicial office must not be received or
initiated by the Commission unless the allegation
relates to --
(a) the commission or attempted commission of;
10 (b) the incitement of the commission of; or
(c) a conspiracy to commit,
an offence under section 121 of The Criminal Code or
is of a kind that, if established, would constitute
grounds for removal from judicial office.
15 (4) The Commission, when performing its functions in
relation to the conduct of a holder of judicial office
must proceed having proper regard for preserving the
independence of judicial officers.
(5) When investigating a holder of judicial office, the
20 Commission must act in accordance with conditions
and procedures formulated in continuing consultation
with the Chief Justice.
(6) In this section --
"holder of a judicial office" has the same meaning as
25 it has in section 121 of The Criminal Code.
27A. Allegations involving parliamentary privilege
(1) Despite any contrary provision in this Act, an
allegation of misconduct, not being serious
misconduct --
30 (a) made against a member of the Legislative
Council or the Legislative Assembly in the
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performance by him or her of the functions of
that office; or
(b) made against an officer liable to be removed
from office under section 35 of the Constitution
5 Act 1889,
is to be referred by the Commission to the presiding
officer.
(2) A referral under subsection (1) is to name the member
or officer and state the grounds on which the allegation
10 is made and the nature of the misconduct by reference
to a provision of section 4. The Commission is not
required to disclose how it came to make the
allegation.
(3) Section 22(3) and Division 4 of Part 2 are excluded in
15 their operation with respect to an allegation made
under subsection (1).
(4) In this section and section 27B --
"presiding officer" --
(a) is the President where the allegation relates to a
20 member or officer of the Legislative Council,
or the Speaker in relation to a member or
officer of the Legislative Assembly;
(b) if --
(i) the office of President or Speaker is
25 vacant, or becomes vacant in the course
of an inquiry under section 27B; or
(ii) the member subject to an allegation
under subsection (1)(a) is the President
or the Speaker,
30 is the member appointed by each House to perform the
functions and exercize the powers of the President or
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the Speaker during his or her temporary absence or
when either office is vacant.
(5) Nothing in this section prevents a member or officer
who is subject to a referral under subsection (1) from
5 being charged with an offence whether or not the
charge relates to the matters that form the basis of the
allegation so referred.
27B. Dealing with allegation of member's misconduct
(1) The presiding officer, on receipt of a referral made
10 under section 27A(1), must --
(a) where the allegation is made under paragraph
(a), require a committee of the House whose
functions include considering matters relating
to the practice, procedure and privileges of the
15 House (the "Privileges Committee"), to
inquire into the matter;
(b) where the allegation is made under paragraph
(b), require the Commission to conduct an
inquiry.
20 (2) If the Privileges Committee resolves to carry out its
own inquiry, it must do so by directing the
Commission to act on its behalf.
(3) For the purposes of an inquiry under this section, the
Commission --
25 (a) has the powers, privileges, rights and
immunities of a committee under the
Parliamentary Privileges Act 1891;
(b) is to refer a matter, including an objection made
under section 7 of the Parliamentary Privileges
30 Act 1891, to the presiding officer for decision in
a case where a committee is required to obtain a
decision of the House;
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(c) may order without summons a member or
officer of either House to appear and give
evidence or produce documents;
(d) may be assisted by parliamentary and
5 Commission officers;
(e) cannot delegate the performance of a function
that cannot be delegated by a committee of a
House;
(f) is to report to the presiding officer and the
10 Privileges Committee when so requested or at
predetermined intervals or both.
(4) The Commission is to act in conformity with the
Parliamentary Privileges Act 1891.
(5) An inquiry cannot be discontinued by direction of the
15 presiding officer or the Privileges Committee unless
the Commission consents.
(6) A recommendation under section 43(1) is to be
contained in a report (whether interim or final) to the
presiding officer and the Privileges Committee and,
20 either in substitution for, or in addition to the
recommendations that may be made under that
subsection, may recommend that a member be expelled
or an officer be removed under section 35 of the
Constitution Act 1889.
25 (7) The presiding officer must present to the House a
report provided under subsection (6), in the form in
which it was received, on the sitting day next following
its receipt.
(8) The Commission must not make a recommendation to
30 an independent agency under section 43(4) unless
expressly authorized by resolution of the House.
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Division 3 -- Duty to notify
28. Notification of misconduct
(1) This section applies to the following persons --
(a) the Parliamentary Commissioner;
5 (b) the Inspector of Custodial Services;
(c) the principal officer of a notifying authority;
(d) an officer who constitutes a notifying authority.
(2) Subject to subsections (4), (5) and (6), a person to
whom this section applies must notify the Commission
10 in writing of any matter --
(a) which that person suspects on reasonable grounds
concerns or may concern misconduct; and
(b) which, in the case of a person referred to in
subsection (1)(c) or (d), is of relevance or
15 concern to that person in his or her official
capacity.
(3) The Commission must be notified under subsection (2)
as soon as is reasonably practicable after the person
becomes aware of the matter.
20 (4) A person to whom this section applies is not required
to notify the Commission of --
(a) a matter that --
(i) is being dealt with by that person, or the
notifying authority of which that person
25 is the principal officer, under
section 33(1)(b); or
(ii) is referred to that person, or the
notifying authority of which that person
is the principal officer, by the
30 Commission under section 33(1)(c);
or
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(b) a matter that --
(i) is referred to that person, or a notifying
authority of which that person is the
principal officer, by the Parliamentary
5 Inspector under section 196(3)(f); and
(ii) relates to conduct by the Commission,
an officer of the Commission or an
officer of the Parliamentary Inspector.
(5) The Director of Public Prosecutions is not required to
10 notify the Commission of a matter if the matter does
not relate to conduct by --
(a) the Deputy Director, as defined in section 3 of
the Director of Public Prosecutions Act 1991;
or
15 (b) a member of staff appointed or made available
for the performance of the functions of the
Director of Public Prosecutions under section 30
of the Director of Public Prosecutions Act 1991.
(6) A person to whom this section applies is not required
20 to notify the Commission of a matter which concerns
or may concern reviewable police action.
29. Duty to notify is paramount
(1) The duty of a person to make a notification under
section 28 must be complied with despite --
25 (a) the provisions of any other Act, whether
enacted before or after this Act; or
(b) any obligation the person has to maintain
confidentiality about a matter to which the
allegation relates,
30 and the person does not commit an offence by reason
of that compliance.
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(2) Subsection (1) does not affect an obligation under
another written law to notify misconduct.
30. Commission may issue guidelines about
notifications
5 (1) The Commission may issue guidelines about --
(a) what matters are or are not required to be
notified to the Commission under section 28;
(b) what reports are required with respect to such
matters and also with respect to the matters
10 referred to section 21A.
(2) A person who would otherwise have had a duty to
notify but for guidelines issued under this section shall
have a like duty to make a report in accordance with
the guidelines.
15 31. Commission may report failure to comply
If a person to whom section 21, 28 or 30 applies does
not comply with the duty to make a notification or
report under that section, the Commission may report
that non-compliance --
20 (a) in the case of the principal officer referred to in
paragraph (c) of the definition of "principal
officer of a notifying authority", to the CEO as
defined in section 3 of the Court Security and
Custodial Services Act 1999 or the chief
25 executive officer as defined in section 3 of the
Prisons Act 1981, as is relevant to the case; and
(b) in any other case, to a person or body who or
which has the power to take disciplinary action
against the person to whom section 28 applies.
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Division 4 -- Assessments, opinions and investigation
32. Dealing with allegations
(1) The Commission is to deal with an allegation by
assessing the allegation and forming an opinion under
5 section 22, and making a decision under section 33 that
the Commission considers appropriate in the
circumstances.
(2) For the purposes of subsection (1) the Commission
may conduct a preliminary investigation into the
10 allegation.
(3) The Commission may consult any person or body
about an allegation or other matter.
33. Decision on further action
(1) Subject to subsection (2), having made an assessment
15 of an allegation the Commission may decide to --
(a) investigate or take action without the
involvement of any other independent agency
or appropriate authority;
(b) investigate or take action in cooperation with an
20 independent agency or appropriate authority;
(c) refer the allegation to an independent agency or
appropriate authority for action; or
(d) take no action.
(2) The Commission may deal with a matter reported to it
25 under section 30 as if it were a matter notified under
section 28(2).
34. Matters to be considered in deciding who should
take action
(1) Without limiting the matters to which the Commission
30 may have regard, when the Commission decides
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whether or not to make a decision under
section 33(1)(a) or (b) the Commission is to have
regard to whether, in the opinion of the Commission,
serious misconduct --
5 (a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
(d) is likely to occur.
(2) When the Commission is deciding whether or not to
10 refer an allegation to an independent agency or
appropriate authority, the matters to which the
Commission is to have regard include the following --
(a) the seniority of any public officer to whom the
allegation relates;
15 (b) whether, in the opinion of the Commission,
serious misconduct --
(i) has or may have occurred;
(ii) is or may be occurring;
(iii) is or may be about to occur; or
20 (iv) is likely to occur;
(c) the need for there to be an independent
investigation rather than an investigation by a
public authority with which any public officer
to whom the allegation relates is connected by
25 membership or employment or in any other
respect.
35. Informant to be notified of decision not to take
action
If --
30 (a) a person makes an allegation under section 25
or 28(2);
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(b) an allegation under the A-CC Act is referred to
the Commission; or
(c) a complaint under the Parliamentary
Commissioner Act 1971 is referred to the
5 Commission,
and the Commission decides to take no action, the
Commission must notify the person who made the
allegation or complaint that the Commission has
decided that no action will be taken.
10 36. Person investigated can be advised of the outcome
of the investigation
The Commission may inform a person to whom an
allegation relates as to the outcome of any investigation
carried out by the Commission or an appropriate
15 authority in relation to the allegation if --
(a) the person requests the information; or
(b) the Commission considers that giving the
information to the person is in the person's best
interests,
20 and the Commission considers that giving the
information to the person is in the public interest.
37. Referral by Commission
(1) If the Commission decides to refer an allegation to an
independent agency or appropriate authority, the
25 Commission is to refer the allegation as soon as is
practicable after making that decision.
(2) The allegation may be accompanied by a report which
may include --
(a) a recommendation under section 43;
30 (b) such other recommendations as the
Commission thinks fit in respect of the action
to be taken; and
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(c) such information as the Commission considers
would assist the agency or authority to take the
action.
(3) If the allegation is referred to an appropriate authority,
5 the report may also include a recommendation as to the
period within which the action should be taken.
38. Referrals to Parliamentary Commissioner or
Auditor General
(1) The Commission is not to refer an allegation to the
10 Parliamentary Commissioner or the Auditor General
without having first consulted the Parliamentary
Commissioner or the Auditor General.
(2) If an allegation is referred to the Parliamentary
Commissioner, the allegation is to be treated by the
15 Parliamentary Commissioner as if it were a complaint
duly made under section 17 of the Parliamentary
Commissioner Act 1971 and that Act applies to and in
relation to the allegation accordingly.
(3) If an allegation is referred to the Auditor General, the
20 Auditor General may investigate the allegation and the
Financial Administration and Audit Act 1985 applies to
the investigation as if it were an investigation under
section 80(b) of that Act.
(4) Nothing in the Financial Administration and Audit
25 Act 1985 prevents the Auditor General, or any person
referred to in section 91 of that Act, from disclosing to
the Commission, or an officer of the Commission,
information obtained in the course of an investigation
under subsection (3).
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39. Commission may decide to take other action
(1) Despite having made a decision to act under
section 33(1)(a), (b) or (c), the Commission may at any
time decide to act under another of those paragraphs.
5 (2) The Commission may make the decision whether or
not it has acted under the first-mentioned decision.
(2a) The Commission is not to reconsider action taken
under section 33(2) except on fresh evidence.
(3) If an allegation has been referred to the Parliamentary
10 Commissioner, subsection (1) does not apply unless the
carrying out of the action by the Commission has been
requested or agreed to by the Parliamentary
Commissioner.
40. Commission's monitoring role
15 (1) If --
(a) an appropriate authority takes action in relation
to an allegation in cooperation with the
Commission; or
(b) an allegation is referred to an appropriate
20 authority by the Commission,
the appropriate authority must prepare a detailed report
of the action the appropriate authority has taken in
relation to the allegation.
(2) The report is to be given to the Commission in writing
25 as soon as practicable after the action is taken.
(3) The Commission may, by written notice, direct the
appropriate authority to give the Commission a detailed
report on --
(a) action the appropriate authority has taken in
30 relation to the allegation; and
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(b) if action recommended by the Commission
under section 37(2) has not been taken, or any
action has not been taken within the time
recommended under section 37(3), the reasons
5 for not so taking the action.
(4) The appropriate authority must comply with a direction
given to it under subsection (3).
(5) A report referred to in this section must include details
of any prosecution initiated or disciplinary action taken
10 as a consequence of the recommendations.
41. Commission may review dealings with misconduct
(1) The Commission may review the way an appropriate
authority has dealt with misconduct, in relation to
either a particular allegation, complaint, information or
15 matter involving misconduct or in relation to a class of
allegation, complaint, information or matter involving
misconduct.
(2) The appropriate authority must give the Commission
all necessary help to undertake a review under
20 subsection (1).
42. Commission may direct authority not to take action
(1) In this section --
"misconduct matter" means an allegation, complaint,
information or matter involving misconduct
25 specified in a notice given under subsection (2).
(2) The Commission may, by written notice, direct an
appropriate authority --
(a) not to commence investigation of a misconduct
matter or, if an investigation of the matter has
30 already commenced, to discontinue the
investigation; and
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(b) to take all reasonable steps to ensure that an
investigation of a misconduct matter is not
conducted by an officer of the appropriate
authority.
5 (3) The appropriate authority must comply with a direction
given to it under subsection (2).
(4) The notice absolves the appropriate authority and its
officers from any duty with respect to the misconduct
matter so far as it relates to investigation of the matter
10 or to the bringing of an offender concerned before the
courts to be dealt with according to law.
(5) Subsection (2)(b) does not apply to a person who is an
officer of the Commission.
(6) Subsection (2) does not prevent an investigation of the
15 misconduct matter that is conducted in accordance with
arrangements made between the Commission and the
appropriate authority.
(7) Despite subsection (2), an investigation of the
misconduct matter by the appropriate authority may be
20 commenced or resumed if the Commission notifies the
appropriate authority that the Commission has revoked
the direction given to it under subsection (2).
Division 5 -- Recommendations
43. Recommendations by Commission
25 (1) The Commission may --
(a) make recommendations as to whether
consideration should or should not be given
to --
(i) the prosecution of particular persons;
30 and
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(ii) the taking of disciplinary action against
particular persons;
and
(b) make recommendations for the taking of other
5 action that the Commission considers should be
taken in relation to the subject matter of its
assessments or opinions or the results of its
investigations.
(2) The Commission may make the recommendations on
10 the basis of --
(a) its assessments, consultations, opinions, and
investigations and other actions (either by itself
or in cooperation with an independent agency
or appropriate authority);
15 (b) investigations or other action of the Police
Royal Commission;
(c) preliminary inquiry or further action by the
A-CC;
(d) investigations or other action of an independent
20 agency or appropriate authority; or
(e) information included in any received matter or
otherwise given to the Commission.
(3) Without limiting subsection (1), the Commission
may --
25 (a) recommend that further inquiry or investigation
into any matter be carried out by an Inquiry
Panel appointed under the Local Government
Act 1995, or in such other manner as the
Commission may recommend; and
30 (b) recommend the terms of reference of any such
inquiry or investigation.
(4) The Commission may give the recommendations to an
independent agency or appropriate authority.
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(5) If the Commission gives an independent agency a
recommendation that consideration should be given to
the prosecution of a particular person, the Commission
must also give the independent agency all materials in
5 the Commission's possession that would be required
for the purposes of section 103 of the Justices Act 1902
and section 611B of the The Criminal Code if that
prosecution took place.
(6) A recommendation made by the Commission under
10 this section is not a finding, and is not to be taken as a
finding, that a person has committed or is guilty of a
criminal offence or has engaged in conduct that
constitutes or provides grounds on which that person's
tenure of office, contract of employment, or agreement
15 for the provision of services, is, or may be, terminated.
44. Other action for misconduct
Except as provided in section 42, nothing in this Part
limits the action that may lawfully be taken to
discipline or otherwise deal with a person for
20 misconduct.
Part 4 -- Organised crime: exceptional powers
and fortification removal
Division 1 -- Basis for, and control of, use of
exceptional powers
25 45. Terms used in this Part
In this Part --
"exceptional powers" means the powers given under
Divisions 2, 3, 4 and 5;
"exceptional powers finding" has the meaning given
30 by section 46(2);
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"investigation" means an investigation referred to in
section 46(1).
46. Finding as to grounds for exercising exceptional
powers
5 (1) On the application of the Commissioner of Police, the
Commission may find whether or not it is satisfied
that --
(a) there are reasonable grounds for suspecting that
a section 5 offence has been, or is being,
10 committed;
(b) there are reasonable grounds for suspecting that
there might be evidence or other information
relevant to the investigation of the offence that
can be obtained using exceptional powers; and
15 (c) there are reasonable grounds for believing that
the use of exceptional powers would be in the
public interest having regard to --
(i) whether or not the suspected offence
could be effectively investigated
20 without using the powers;
(ii) the extent to which the evidence or
other information that it is suspected
might be obtained would assist in the
investigation, and the likelihood of
25 obtaining it; and
(iii) the circumstances in which the evidence
or information that it is suspected might
be obtained is suspected to have come
into the possession of any person from
30 whom it might be obtained.
(2) If the Commission finds that it is satisfied that the
grounds described in subsection (1) exist, the finding
(an "exceptional powers finding") is to be reduced to
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writing and a copy of it is to be given to the
Commissioner of Police.
47. Scope of Divisions 2 to 5
(1) The purpose of Divisions 2 to 5 is to facilitate the
5 investigation of a section 5 offence.
(2) The investigation of an offence includes the
investigation of a suspicion that the offence has been,
or is being, committed.
(3) Divisions 2 to 5 apply if the Commission has made an
10 exceptional powers finding in respect of the section 5
offence concerned.
Division 2 -- Examination before Commission
48. Summoning witnesses to attend and produce things
on application of Commissioner of Police
15 The Commission may, on the application of the
Commissioner of Police for an organised crime
summons, issue a signed summons under section 98
and cause it to be served under that section on the
person to whom it is addressed.
20 49. Examination of witnesses by Commissioner of
Police
(1) In participating in an organised crime examination, the
Commissioner of Police is to be represented by a legal
practitioner instructed for that purpose, who may be
25 assisted by others not so qualified but who are under
the direct supervision of a legal practitioner.
(2) A person representing the Commissioner of Police
may, so far as the Commission thinks proper, examine
any witness summoned under an organised crime
30 summons on any matter that the Commission considers
relevant to the investigation.
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(3) This section does not limit the operation of section 143.
50. Offences for which a person stands charged
(1) A person summoned on an organised crime summons
cannot be examined about matters that may be relevant
5 to an offence with which the person stands charged, but
this section does not prevent any other person from
being examined about those matters.
(2) For the purposes of this section a person stands charged
with an offence when --
10 (a) the person is informed by the person investigating
the offence that he or she will be charged with the
offence;
(b) the persons investigating the offence ought to
have formed the view that the person should be
15 charged with the offence,
whether or not at that time a complaint in respect of the
offence has been made or sworn; or
(c) a complaint in respect of the offence is made or
sworn,
20 whichever happens first.
Division 3 -- Entry, search and related matters
51. Commission may limit exercise of power
(1) The Commission may give directions limiting the
exercise of an exceptional power under Divisions 3, 4
25 and 5.
(2) The Commission may revoke or vary directions under
this section or give further directions limiting the
exercise of the exceptional power.
(3) Limitations may be expressed however the
30 Commission considers appropriate and, without
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limiting other ways in which they may be expressed,
they may operate by reference to --
(a) particular powers;
(b) particular circumstances;
5 (c) particular persons;
(d) particular places;
(e) particular articles; or
(f) particular times or periods of time.
(4) The Commission is to give, revoke, or vary a direction
10 under this section in writing a copy of which is to be
given to the Commissioner of Police.
(5) A power under this Division cannot be exercised
contrary to a direction under this section.
(6) The Commission may at any time revoke an
15 exceptional powers finding by notice to the
Commissioner of Police.
52. Enhanced power to enter, search, and detain
(1) A police officer may, for the purposes of investigating
the section 5 offence, without a warrant --
20 (a) at any time enter any place where there are
reasonable grounds for suspecting that the
offence has been, or is being, committed; and
(b) demand the production of, and inspect, any
articles or records kept there.
25 (2) A police officer who has entered a place under
subsection (1) may --
(a) search the place and secure the place for the
purposes of searching it;
(b) stop, detain, and search anyone at the place;
30 (c) photograph any person or thing, and make a
copy of or seize any document that the police
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officer suspects on reasonable grounds will
provide evidence or other information relevant
to the investigation of the offence; and
(d) seize anything else that the police officer
5 suspects on reasonable grounds will provide
evidence or other information relevant to the
investigation of the offence.
(3) A police officer may use any force that is reasonably
necessary in exercising powers given by
10 subsections (1) and (2).
53. Enhanced power to stop, detain, and search
(1) This section does not apply unless there are reasonable
grounds to suspect that a person is in possession of --
(a) anything used, or intended to be used, in
15 connection with the commission of the
section 5 offence; or
(b) anything else that may provide evidence of, or
other information about, the offence.
(2) A police officer may without a warrant stop, detain,
20 and search the person and any conveyance where the
police officer reasonably suspects the person to be.
(3) The power to stop and detain a conveyance includes
the power to detain anyone in or on the conveyance for
as long as is reasonably necessary to search the
25 conveyance even though, until the conveyance has
been searched, the person may not be suspected of
anything because of which the person can be detained
under subsection (2).
(4) A police officer may without a warrant seize anything
30 described in subsection (1).
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(5) A police officer may use any force that is reasonably
necessary, and may call on any assistance necessary, in
order to perform a function under this section.
(6) In this section --
5 "conveyance" means anything used or capable of
being used to transport people or goods by air,
land, or water, and it does not matter how it is
propelled or that it may ordinarily be stationary.
54. Provisions about searching a person
10 (1) In this section --
"medical practitioner" means an individual who is
registered as a medical practitioner under the
Medical Act 1894;
"registered nurse" means a person registered under
15 Part 3 of the Nurses Act 1992.
(2) A police officer cannot carry out a search of a person
under this Division unless of the same sex as the
person searched.
(3) If a police officer is uncertain as to the sex of a person
20 to be searched --
(a) the police officer must ask the person to advise
whether a male or female should carry out the
search and must act in accordance with the
answer; and
25 (b) in the absence of an answer, the person is to be
treated as if of the sex that the person outwardly
appears to the police officer to be.
(4) If a police officer of the same sex as the person to be
searched is not immediately available to carry out the
30 search, another police officer may --
(a) cause the search to be carried out, under the
direction of a police officer, by another person
of the same sex as the person to be searched;
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(b) detain the person for as long as is reasonably
necessary for the person to be searched in
accordance with this section; or
(c) convey or conduct the person to a place where
5 the person can be searched in accordance with
this section.
(5) Nothing in this Division authorises a search by way of
an examination of the body cavities of a person unless
it is carried out under subsection (7) by a medical
10 practitioner or a registered nurse.
(6) A police officer may arrange for a medical practitioner
or registered nurse nominated by the police officer to
examine the body cavities of the person to be searched
and may --
15 (a) detain the person until the arrival of that
medical practitioner or registered nurse; or
(b) convey or conduct the person to that medical
practitioner or registered nurse.
(7) A medical practitioner or registered nurse may carry
20 out an examination arranged by a police officer under
subsection (6) and no action or proceeding, civil or
criminal, lies against the medical practitioner or
registered nurse in respect of anything reasonably done
for the purposes of the examination.
25 (8) When performing a function under this section, a
police officer or other person may --
(a) use any force that is reasonably necessary in the
circumstances --
(i) to perform the function; and
30 (ii) to overcome any resistance to
performing the function that is offered,
or that the person exercising the power
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reasonably suspects will be offered, by
any person;
and
(b) call on any assistance necessary in order to
5 perform the function.
55. Extension of power to search
The power given by this Division to search for any
thing includes the power to break open anything it is
suspected might contain it.
10 56. Things that have been seized
(1) If anything is seized under this Division, the person
seizing it must take it before the Commission.
(2) Section 714 of The Criminal Code applies to anything
seized under this Division as if --
15 (a) the thing had been seized under The Criminal
Code; and
(b) a reference in that section to a justice were a
reference to the Commission.
57. Offences under this Division
20 A person who wilfully --
(a) delays, obstructs, or otherwise hinders --
(i) the performance by a police officer or
other person of a function under this
Division; or
25 (ii) the rendering of assistance under this
Division in the performance of a function;
or
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(b) does not produce anything as demanded under
section 52(1)(b),
commits an offence.
Penalty: Imprisonment for 3 years and a fine of
5 $60 000.
58. Report on use of powers
(1) A police officer who exercises an exceptional power
under this Division is to submit to the Commissioner of
Police a report in writing of each occasion on which
10 that power was exercised, giving details of --
(a) what was done in the exercise of the powers;
(b) the time and place at which the power was
exercised; and
(c) any person or property affected by the exercise
15 of the power.
(2) The report is to be submitted within 5 days after the
power is exercised.
(3) The obligation of a police officer to submit a report
under this section about a particular exercise of power
20 within a particular time is sufficiently complied with if
the police officer ensures that a report by another
police officer who was present when the power was
exercised is made within that time dealing with all of
the details about which a report is required.
25 (4) The Commissioner of Police is to give a copy of the
report to the Commission as soon as is reasonably
practicable after the Commissioner of Police is given
the report.
59. Overseeing exercise of powers under this Division
30 (1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
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Commission details of the exercise of an exceptional
power under this Division, including the identity of any
person who has exercised the power.
(2) The Commissioner of Police or any other person to
5 whom a notice is given under subsection (1) is to
comply with the direction in the notice as soon as is
reasonably practicable.
Division 4 -- Assumed identities
60. Approval for assumed identity
10 (1) The Commission may under section 103 grant an
approval for the acquisition and use of an assumed
identity by a police officer as if the police officer were
an officer of the Commission.
(2) If under this section the Commission exercises the
15 powers set out in section 103 in respect of a police
officer --
(a) Part 6 Division 3 applies to and in respect of
the exercise of that power, that police officer,
the approval granted and the acquisition and
20 use of an assumed identity under the approval
granted as if the police officer were an officer
of the Commission and with any other
necessary modifications; and
(b) section 112 applies as if a reference in that
25 section to the Commission were a reference to
the Commissioner of Police.
61. Report about assumed identity approval
(1) A police officer to whom an assumed identity approval
applies must --
30 (a) at least once every 6 months while the approval
is in force; and
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(b) as soon as is reasonably practicable after the
approval is cancelled,
give a report to the Commissioner of Police setting out
a general description of the activities undertaken by the
5 police officer when using the assumed identity.
(2) The Commissioner of Police is to give a copy of the
report to the Commission as soon as is reasonably
practicable after the Commissioner of Police is given
the report.
10 62. Overseeing exercise of powers under this Division
(1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
Commission details of the acquisition and use of an
assumed identity under an approval given to a police
15 officer, including the identity of any person who has
exercised the power.
(2) The Commissioner of Police or any other person to
whom a notice is given under subsection (1) is to
comply with the direction in the notice as soon as is
20 reasonably practicable.
Division 5 -- Controlled operations
63. Terms used in this Division
In this Division --
"authority" has the meaning given by section 119;
25 "controlled activity" has the meaning given by
section 119;
"controlled operation" means an operation that --
(a) involves the participation of police officers;
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(b) is conducted, or intended to be conducted,
for the purpose of --
(i) obtaining or facilitating the obtaining of
evidence of criminal activity;
5 (ii) arresting any person involved in
criminal activity;
(iii) frustrating criminal activity; or
(iv) carrying out an activity that is
reasonably necessary to facilitate the
10 achievement of a purpose referred to in
subparagraph (i), (ii) or (iii);
and
(c) involves or may involve a controlled
activity;
15 "criminal activity" means any activity that involves
the commission of a section 5 offence by one or
more persons.
64. Authority to conduct controlled operation and
integrity testing
20 (1) The Commission may under section 121 grant an
authority to conduct a controlled operation participated
in by police officers as if the police officers were
officers of the Commission.
(2) The Commission may under section 123 grant an
25 authority for a police officer to conduct an integrity
testing programme as if the police officer were an
officer of the Commission.
(3) If under this section the Commission exercises the
powers set out in section 121 or 123 in respect of a
30 police officer --
(a) Part 6 Division 4 applies to and in respect of
the exercise of that power, the police officers
concerned, the authority granted and any
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conduct under the authority as if the police
officers were officers of the Commission and
with any other necessary modifications; and
(b) section 129 applies as if a reference in that
5 section to the Commission were a reference to
the Commissioner of Police.
65. Report about controlled operation or integrity
testing programme
(1) A police officer responsible for a controlled operation
10 for which an authority has been given must --
(a) at least once every 6 months while the authority
is in force; and
(b) as soon as is reasonably practicable after the
authority is cancelled,
15 give a report to the Commissioner of Police setting out
the particulars required by subsection (2).
(2) The report must include the following particulars --
(a) the nature of the criminal activities against
which the controlled operation was directed;
20 (b) the nature of the controlled activities engaged
in for the purposes of the controlled operation.
(3) A police officer to whom an authority to conduct an
integrity testing programme has been given must --
(a) at least once every 6 months while the authority
25 is in force; and
(b) as soon as is reasonably practicable after the
authority is cancelled,
give a report to the Commissioner of Police setting out
a general description of the activities undertaken by the
30 police officer under the authority.
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(4) The Commissioner of Police is to give a copy of the
report to the Commission as soon as is reasonably
practicable after the Commissioner of Police is given
the report.
5 66. Overseeing exercise of powers under this Division
(1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
Commission details of any controlled operation or
integrity testing programme for which a police officer
10 was responsible, including the identity of any person
who participated in the operation or programme.
(2) The Commissioner of Police or any other person to
whom a notice is given under subsection (1) is to
comply with the direction in the notice as soon as is
15 reasonably practicable.
Division 6 -- Fortifications
67. Terms used in this Division
(1) In this Part --
"fortification" means any structure or device that,
20 whether alone or as part of a system, is designed to
prevent or impede, or to provide any other form of
countermeasure against, uninvited entry to
premises;
"heavily fortified" has the meaning given by
25 subsection (2);
"interested person" means a person who --
(a) is a lessee of the premises, whether or not
actually occupying the premises; or
(b) is actually occupying, or is entitled to the
30 possession of, the premises;
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"owner" means --
(a) if the premises are on land that is subject to
the Transfer of Land Act 1893 or the Land
Administration Act 1997, a proprietor of the
5 land within the meaning of the Transfer of
Land Act 1893;
(b) if the premises are on land that is subject to
the Registration of Deeds Act 1856, the
holder of an estate or interest in the land that
10 is registered by memorial under that Act;
"submission" means a submission made by an owner
or interested person to the Commissioner of Police
that a fortification removal notice should not be
issued;
15 "submission period" has the meaning given by
section 69(2)(b).
(2) Premises are heavily fortified if there are, at the
premises, fortifications to an extent or of a nature that it
would be reasonable to regard as excessive for
20 premises of that kind.
68. Issuing fortification warning notice
(1) The Commissioner of Police may, without giving
notice to any other person, apply to the Commission
for the issue of a fortification warning notice.
25 (2) The Commission may issue a fortification warning
notice if satisfied on the balance of probabilities that
there are reasonable grounds for suspecting that the
premises to which it relates are --
(a) heavily fortified; and
30 (b) habitually used as a place of resort by members
of a class of people a significant number of
whom may reasonably be suspected to be
involved in organised crime.
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(3) The Commission may be satisfied by a statement made
by a police officer and verified by statutory declaration.
69. Contents of fortification warning notice
(1) A fortification warning notice is addressed to --
5 (a) the owner of the premises to which it relates, or
each owner if there are 2 or more, by name; and
(b) any other interested persons, without naming
them but with an explanation of the term
"interested person".
10 (2) The notice must contain --
(a) a brief summary of section 68(2), including an
explanation of the terms "fortification" and
"heavily fortified", and a statement that the
Commission is satisfied as to the matters
15 mentioned in that provision;
(b) a warning that unless, within the period of
14 days after the day on which a copy of the
notice is given as described in section 70(1)
(the "submission period"), the Commissioner
20 of Police is satisfied that --
(i) the premises are not heavily fortified; or
(ii) the premises are not habitually used as a
place of resort by members of a class of
people a significant number of whom
25 may reasonably be suspected to be
involved in organised crime,
a fortification removal notice may be issued;
and
(c) an explanation of how a person who is an
30 owner or interested person can make a
submission to the Commissioner of Police that
a fortification removal notice should not be
issued.
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70. Giving fortification warning notice
(1) A copy of the fortification warning notice may be
given --
(a) by giving it to any person --
5 (i) who is an owner; or
(ii) who is actually occupying the premises
and appears to have reached 18 years of
age,
in any way described in section 76 of the
10 Interpretation Act 1984, registered post being
used if it is given by post; or
(b) if it appears that any reasonable attempt to give
it as described in paragraph (a) is unlikely to be
successful, by affixing it to the front entrance or
15 another part of the premises where it can be
easily seen.
(2) Giving a copy of a notice as described in
subsection (1)(b) is to be regarded as giving it to each
person who is actually occupying the premises and
20 appears to have reached 18 years of age.
(3) Although it is sufficient for the notice to be given as
described in subsection (1), the Commissioner of
Police is to make every reasonable attempt to give, as
soon as practicable, a copy of the notice to every
25 person who has not already been given a copy of it and
who is an owner or interested person, indicating on that
copy when the submission period ends.
(4) If the notice is not given as described in subsection (1)
within 14 days after the Commission issues it, the
30 notice lapses and cannot be given at all.
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71. Withdrawal notice
(1) If, before the end of the time within which a
fortification removal notice can be issued, the
Commissioner of Police decides not to issue a
5 fortification removal notice, the Commissioner of
Police is to give a withdrawal notice to each person
who was given a fortification warning notice.
(2) The withdrawal notice must identify the premises, refer
to the fortification warning notice, and state that the
10 Commissioner of Police has decided not to issue a
fortification removal notice.
(3) The withdrawal notice may be given in any way in
which section 70 would enable a fortification warning
notice to be given.
15 72. Issuing fortification removal notice
(1) If a fortification warning notice has been given as
described in section 70(1) and the submission period
has elapsed, the Commissioner of Police may issue a
fortification removal notice relating to the premises
20 concerned.
(2) The Commissioner of Police cannot issue the
fortification removal notice unless, after considering
each submission, if any, made before the submission
period elapsed, the Commissioner of Police reasonably
25 believes that the premises are --
(a) heavily fortified; and
(b) habitually used as a place of resort by members
of a class of people a significant number of
whom may reasonably be suspected to be
30 involved in organised crime.
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(3) A fortification removal notice cannot be issued if --
(a) a period of more than 28 days has elapsed since
the end of the submission period; or
(b) the Commissioner of Police has given any
5 person a withdrawal notice referring to the
fortification warning notice concerned.
73. Contents of fortification removal notice
(1) A fortification removal notice is addressed to each
person to whom the fortification warning notice was
10 addressed, and in the same way.
(2) The notice must contain --
(a) a statement to the effect that, within 7 days
after the day on which the notice is given to the
owner of the premises or any further time
15 allowed by the Commissioner of Police, the
fortifications at the premises must be removed
or modified to the extent necessary to satisfy
the Commissioner of Police that the premises
are no longer heavily fortified;
20 (b) a warning as to the effect of section 75; and
(c) an explanation of the right to apply to the
Supreme Court for a review under section 76.
(3) The notice may, but need not, include details as to what
would need to be done before the Commissioner of
25 Police would be satisfied that the premises are no
longer heavily fortified.
74. Giving fortification removal notice
(1) The fortification removal notice is to be given to the
owner of the premises and, if it is given by post,
30 registered post is to be used.
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(2) Although it is sufficient for the notice to be given to the
owner, the Commissioner of Police is to make every
reasonable attempt to give a copy of the notice, as soon
as practicable, to every interested person.
5 (3) A copy of the notice may be given under subsection (2)
in any way in which section 70 would enable a
fortification warning notice to be given.
75. Enforcing fortification removal notice
(1) If the fortifications at the premises are not, within the
10 time specified in the fortification removal notice or any
further time allowed by the Commissioner of Police,
removed or modified to the extent necessary to satisfy
the Commissioner of Police that the premises are no
longer heavily fortified, the Commissioner of Police
15 may cause the fortifications to be removed or modified
to the extent required by the fortification removal
notice.
(2) The Commissioner of Police may extend the time
allowed by the notice if, before the time allowed
20 elapses, application is made to the Commissioner of
Police for it to be extended.
(3) Subsection (1) authorises police officers and agents of
the Commissioner of Police, without warrant or further
notice, to enter the premises and secure them in order
25 to do anything for the purposes of that subsection, and
to use any force and employ any equipment necessary.
(4) The Commissioner of Police may seize anything that
can be salvaged in the course of removing or
modifying fortifications under this section, and may
30 sell or dispose of it as the Commissioner of Police
considers appropriate.
(5) The proceeds of any sale under subsection (4) are
forfeited to the State and, to the extent that they are
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insufficient to meet the costs incurred by the
Commissioner of Police under this section, the
Commissioner of Police may recover those costs as a
debt due from the owner of the premises.
5 76. Review of fortification removal notice
(1) If a fortification removal notice relating to premises
has been issued, the owner or an interested person may,
within 7 days after the day on which the notice is given
to the owner of the premises, apply to the Supreme
10 Court for a review of whether, having regard to the
submissions, if any, made before the submission period
elapsed and any other information that the
Commissioner of Police took into consideration, the
Commissioner of Police could have reasonably had the
15 belief required by section 72(2) when issuing the
notice.
(2) The Commissioner of Police may identify any
information provided to the court for the purposes of
the review as confidential if its disclosure might
20 prejudice the operations of the Commissioner of
Police, and information so identified is for the court's
use only and is not to be disclosed to any other person,
whether or not a party to the proceedings, or publicly
disclosed in any way.
25 (3) An application for review under this section cannot be
made if an application has previously been made by
any person for the review of the same matter.
(4) When the application for review is made, the period
within which fortifications can be removed or modified
30 in accordance with the fortification removal notice is
extended to the seventh day after the day on which the
application for review is finally disposed of by the
court.
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(5) The court may decide whether or not the
Commissioner of Police could have reasonably had the
belief required by section 72(2) when issuing the
notice.
5 (6) If the court decides that the Commissioner of Police
could not have reasonably had the belief required by
section 72(2) when issuing the notice, the notice ceases
to have effect.
(7) The decision of the court on an application for review
10 under this section is final but does not prevent the
Commissioner of Police from issuing a further notice
under this Division relating to the same premises where
there is fresh evidence.
77. Hindering removal or modification of fortifications
15 (1) A person who does anything intending to prevent,
obstruct, or delay, the removal or modification of
fortifications in accordance with a fortification removal
notice commits a crime.
Penalty: Imprisonment for 5 years and a fine of
20 $100 000.
(2) Subsection (1) applies to the removal or modification
of fortifications by a person who --
(a) is, or is acting for or on the instructions of, the
owner or an interested person; or
25 (b) is acting under section 75(3).
78. Planning and other approval issues
(1) The powers given by this Division may be exercised
without regard to whether any statutory or other
approval had been given for the fortifications.
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(2) No statutory or other approval is required for the
removal or modification of fortifications in accordance
with a fortification removal notice.
(3) Subsection (2) applies to the removal or modification
5 of fortifications by a person who --
(a) is, or is acting for or on the instructions of, the
owner or an interested person; or
(b) is acting under section 75(3).
79. No compensation
10 (1) No claim for compensation lies against a person for
having approved any fortifications that are, or are
required to be, removed or modified because of a
notice under this Division.
(2) No other claim for compensation arises because of the
15 exercise of powers under this Division.
(3) Subsection (2) does not extend to prevent claims in tort
in relation to premises other than those in respect of
which the fortification notice is given.
80. Protection from liability for wrongdoing
20 (1) An action in tort does not lie against a person for
damage to property at the premises that the person
causes, in good faith, in the performance or purported
performance of a function under this Division.
(2) The Crown is also relieved of any liability that it might
25 otherwise have had for a person having caused damage
as described in subsection (1).
(3) The protection given by this section applies even
though the damage was caused in the course of doing
something that would have been capable of being done
30 whether or not this Division had been enacted.
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Division 7 -- General matters
81. Part not applicable to juveniles
(1) None of the powers given under this Part can be
exercised in respect of a juvenile.
5 (2) In this section --
"juvenile" means a person who has not reached
18 years of age.
82. Delegation by Commissioner of Police
(1) The Commissioner of Police may delegate any power
10 or duty of the Commissioner of Police under another
provision of this Part to a police officer whose rank is
Assistant Commissioner or higher.
(2) The delegation must be in writing signed by the
Commissioner of Police.
15 (3) A police officer exercising or performing a power or
duty that has been delegated to the police officer under
this section is to be taken to do so in accordance with
the terms of the delegation unless the contrary is
shown.
20 (4) Nothing in this section limits the ability of the
Commissioner of Police to perform a function through
an officer or a person representing the Commissioner
of Police.
83. Judicial supervision excluded
25 (1) Except with the consent of the Parliamentary Inspector,
a prerogative writ cannot be issued and an injunction or
a declaratory judgment cannot be given in respect of
the performance of a function for the purposes of this
Part and proceedings cannot be brought seeking such a
30 writ, injunction, or judgment.
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(2) Subsection (1) does not apply after the completion of
the investigation that it was being sought to facilitate
by performing the function.
Part 5 -- Reporting
5 Division 1 -- Reports by Commission on specific
matters
84. Report to Parliament on investigation or received
matter
(1) The Commission may at any time prepare a report on any
10 matter that has been the subject of an investigation or
other action in respect of misconduct, irrespective of
whether the investigation or action was carried out by --
(a) the Commission alone;
(b) the Commission in cooperation with an
15 independent agency or appropriate authority; or
(c) an appropriate authority alone.
(2) The Commission may at any time prepare a report on
any received matter, irrespective of whether the matter
has been the subject of an investigation or other action
20 under this Act or any other law.
(3) The Commission may include in a report under this
section --
(a) statements as to any of the Commission's
assessments, opinions and recommendations;
25 and
(b) statements as to any of the Commission's
reasons for the assessments, opinions and
recommendations.
(4) The Commission may cause a report prepared under
30 this section to be laid before each House of Parliament
or dealt with under section 93.
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85. Report to Parliament on further action by
appropriate authority
(1) After considering a report given to the Commission by
an appropriate authority under section 40(1) or (4), the
5 Commission may prepare a report on the report of the
authority.
(2) During or after the carrying out of action by an
appropriate authority in respect of an allegation
referred to the authority under section 37(1), the
10 Commission may prepare a report if the Commission
considers that the action is not being, or has not been,
properly, efficiently or expeditiously carried out.
(3) The Commission may include in a report under this
section --
15 (a) statements as to any of the Commission's
assessments, opinions and recommendations;
and
(b) statements as to any of the Commission's
reasons for the assessments, opinions and
20 recommendations.
(4) The Commission may cause a report prepared under
this section to be laid before each House of Parliament
or dealt with under section 93.
86. Contents of reports
25 Before reporting any matters adverse to a person or
body in a report under section 84 or 85, the
Commission must give the person or body a reasonable
opportunity to make representations to the Commission
concerning those matters.
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87. Disclosure of matters in report
(1) If a report under section 84 or 85 is laid before either
House of Parliament, a matter included in that report
may be disclosed despite section 151.
5 (2) If, following the making by the Commission of a report
under section 84 or 85 to the Standing Committee or a
Minister, the Standing Committee or Minister approves
the disclosure of a matter included in the report, that
matter may be disclosed despite section 151.
10 88. Special reports
(1) The Commission may, at any time prepare a special
report on any administrative or general policy matter
relating to the functions of the Commission.
(2) The Commission may cause the special report to be
15 laid before each House of Parliament or dealt with
under section 93.
89. Report to the Minister, other Ministers or a
Standing Committee
A report of the kind mentioned in section 84, 85 or 88
20 may be made by the Commission to the Minister, or
another Minister or the Standing Committee instead of
being laid before each House of Parliament or dealt
with under section 93 if, for any reason, the
Commission considers it appropriate to do so.
25 90. Reports concerning police officers and chief
executive officers
(1) Without limiting any other function under this Act, the
Commission may prepare a report on information
available to the Commission about a person proposed
30 to be appointed as --
(a) Commissioner of Police;
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(b) a commissioned police officer, a
non-commissioned police officer, a constable, a
special constable or an aboriginal aide under
the Police Act 1892; or
5 (c) a chief executive officer.
(2) A report about a person must be given to the person.
(3) A report about a person proposed to be appointed as
Commissioner of Police or a commissioned police
officer may be given to --
10 (a) the Minister responsible for the administration
of the Police Act 1892; and
(b) any other Minister that the Minister responsible
for the administration of the Police Act 1892
considers has a relevant interest in the report.
15 (4) A report about a person proposed to be appointed as a
non-commissioned police officer or a constable may be
given to --
(a) the Commissioner of Police or the Minister
responsible for the administration of the Police
20 Act 1892 or both of those persons; and
(b) if the report is given to the Minister responsible
for the administration of the Police Act 1892,
any other Minister that that Minister considers
has a relevant interest in the report.
25 (5) A report about a person proposed to be appointed as a
special constable or an aboriginal aide may be given to
the Commissioner of Police.
(6) A report about a person proposed to be appointed as a
chief executive officer may be given to --
30 (a) the Minister responsible for the administration
of the Public Sector Management Act 1994; and
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(b) any other Minister that the Minister responsible
for the administration of the Public Sector
Management Act 1994 considers has a relevant
interest in the report.
5 (7) Except as provided in this section, the fact that the
Commission has given a report under this section, and
any details of a report given under this section, must
not be disclosed.
Division 2 -- General reports
10 91. Annual report to Parliament
(1) The Commission is to prepare, within 3 months after
30 June of each year, a report as to its general activities
during that year.
(2) The report is to include --
15 (a) a description of the types of allegations
received or initiated by the Commission;
(b) a description of the types of investigations
carried out by the Commission;
(c) an evaluation of the response of appropriate
20 authorities to recommendations made by the
Commission;
(d) the general nature and extent of any
information furnished under the Act by the
Commission to independent authorities;
25 (e) the extent to which investigations carried out by
the Commission have resulted in prosecutions
of public officers or other persons or
disciplinary action against public officers;
(f) the number of exceptional powers findings
30 made under section 46;
(g) the number of fortification warning notices
issued by the Commission under section 68;
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(h) the number of notices to produce a statement of
information issued under section 94;
(i) the number of search warrants issued to the
Commission under section 101;
5 (j) the number of approvals for the acquisition and
use of an assumed identity given by the
Commission under section 103;
(k) the number of authorities to conduct controlled
operations granted by the Commission under
10 section 121;
(l) the number of authorities for integrity testing
programmes granted by the Commission under
section 123;
(m) the number of warrants of apprehension issued
15 by the Commission under section 148;
(n) the number of warrants and emergency
authorisations issued to the Commission under
the Surveillance Devices Act 1998;
(o) the number of warrants issued to the
20 Commission under the Telecommunications
(Interception) Act 1979 of the Commonwealth;
(p) a description of the Commission's activities
during that year in relation to its prevention and
education function; and
25 (q) any recommendations for changes in the laws
of the State that the Commission considers
should be made as a result of the performance
of its functions.
(3) Nothing in this section requires the Commission to
30 provide operational information in a report under
subsection (1).
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(4) The Commission is to cause a copy of a report
prepared under this section to be laid before each
House of Parliament, or dealt with under section 93,
within 21 days of the preparation of the report.
5 (5) This section does not limit Part II Division 14 of the
Financial Administration and Audit Act 1985 and the
report required under this section may be prepared and
dealt with in conjunction with the report required under
that Division.
10 92. Periodical report to Parliament
(1) Rules of Parliament may require the Commission to
report to each House of Parliament or the Standing
Committee, as and when prescribed in the Rules, as to
the general activities of the Commission.
15 (2) The Rules of Parliament referred to in this section are
rules that have been agreed upon by each House of
Parliament in accordance with the Rules and Orders of
those Houses.
(3) Rules of Parliament made under this section must be
20 published in the Gazette.
(4) Section 42 of the Interpretation Act 1984 does not
apply to Rules of Parliament made under this section.
Division 3 -- General matters
93. Laying documents before House of Parliament that
25 is not sitting
(1) If a copy of a report of the kind mentioned in
section 84, 85 or 88 may be laid before each House of
Parliament and a House of Parliament is not sitting, the
Commission may transmit a copy of the report to the
30 Clerk of that House.
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(2) If section 91 requires the Commission to cause a copy
of a report to be laid before each House of Parliament,
or dealt with under this section, within a period and --
(a) at the commencement of the period, a House of
5 Parliament is not sitting; and
(b) the Commission is of the opinion that the
House will not sit during that period,
the Commission is to transmit a copy of the report to
the Clerk of that House.
10 (3) A copy of a report transmitted to the Clerk of a House
is to be regarded as having been laid before that House.
(4) The laying of a copy of the text of a document that is
regarded as having occurred under subsection (3) is to
be recorded in the Minutes, or Votes and Proceedings,
15 of the House on the first sitting day of the House after
the Clerk received the copy.
Part 6 -- Powers
Division 1 -- Particular powers to require information
or attendance
20 94. Power to obtain statement of information
(1) For the purposes of an investigation, the Commission
may, by written notice served on a public authority or
public officer, require the authority or officer to
produce a statement of information.
25 (2) A notice under this section must --
(a) specify or describe the information required;
(b) fix a time and date by which the statement of
information must be produced; and
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(c) specify the person (being an officer of the
Commission) to whom the production is to be
made.
(3) The notice --
5 (a) may provide that the requirement may be
satisfied by some other person acting on behalf
of the public authority or public officer; and
(b) may specify the person or class of persons who
may so act.
10 (4) The powers conferred by this section may be exercised
despite --
(a) any rule of law which, in proceedings in a
court, might justify an objection to the
production of a statement of information on
15 grounds of public interest;
(b) any privilege of a public authority or public
officer in that capacity which the authority or
officer could have claimed in a court of law; or
(c) any duty of secrecy or other restriction on
20 disclosure applying to a public authority or
public officer.
(5) A statement of information produced by a person in
compliance with a notice served under this section is
not admissible in evidence against that person in any
25 civil or criminal proceedings except --
(a) contempt proceedings;
(b) proceedings for an offence against this Act; or
(c) disciplinary action.
(6) Despite subsection (5), the witness may, in any civil or
30 criminal proceedings, be asked about the statement
under section 21 of the Evidence Act 1906.
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95. Power to obtain documents and other things
(1) The Commission may, by written notice served on a
person, require the person --
(a) to attend, at a time and place specified in the
5 notice, before the Commission or an officer of
the Commission as specified in the notice; and
(b) to produce at that time and place to the person
so specified a record or other thing specified in
the notice.
10 (2) The notice --
(a) may provide that the requirement may be
satisfied by some other person acting on behalf
of the person on whom it was imposed; and
(b) may specify the person or class of persons who
15 may so act.
96. Power to summon witnesses to attend and produce
things
(1) The Commission may issue a signed summons and
cause it to be served on the person to whom it is
20 addressed.
(2) Personal service of the summons is required.
(3) The summons may require the person to whom it is
addressed to attend before the Commission at an
examination, at a time and place specified in the
25 summons, and then and there to --
(a) give evidence;
(b) produce any record or other thing in the
person's custody or control that is described in
the summons; or
30 (c) do both of those things.
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97. Witnesses to attend while required
A person who has been served with a summons under
section 96 is required, unless excused by the
Commission, to attend as specified by the summons
5 and report to the Commission from day to day until
released from further attendance by the Commission.
98. Power of Commission in relation to things produced
(1) The Commission or a person authorised in writing by
the Commission may --
10 (a) inspect any document or other thing produced
before the Commission or an officer of the
Commission;
(b) retain the document or other thing for a
reasonable period; and
15 (c) take photographs or copies of, or extracts or
notes from, anything relevant to the
investigation.
(2) The Commission may make an order about what is to
be done with any document or other thing produced
20 before the Commission or an officer of the
Commission, and it may be dealt with in accordance
with that order.
(3) The Commission may not order a document to be
destroyed except in accord with the State Records
25 Act 2000.
99. Notation on notice or summons to restrict disclosure
(1) In this section --
"official matter" means any of the following (whether
past, present or contingent) --
30 (a) the investigation for the purposes of which a
notice or summons that includes a notation
under this section was issued;
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(b) an examination before the Commission for
the purposes of the investigation;
(c) court proceedings.
(2) A notice under section 94 or 95 or a summons under
5 section 96 may include a notation to the effect that
disclosure of information about the notice or summons,
or about any official matter connected with it, is
prohibited except in the circumstances, if any, specified
in the notation.
10 (3) The notation cannot be included unless subsection (4)
requires it to be included or subsection (5) permits it to
be included.
(4) The notation is required to be included if the
Commission is satisfied that failure to do so could
15 reasonably be expected to prejudice --
(a) the safety or reputation of a person;
(b) the fair trial of a person who has been or may
be charged with an offence; or
(c) the effectiveness of an investigation.
20 (5) The notation may be included if the Commission is
satisfied that failure to do so --
(a) might prejudice --
(i) the safety or reputation of a person;
(ii) the fair trial of a person who has been or
25 may be charged with an offence; or
(iii) the effectiveness of an investigation;
or
(b) might otherwise be contrary to the public
interest.
30 (6) If the notation is included, it must be accompanied by a
written statement describing the effect of section 167.
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(7) The notation ceases to have effect if, after the
conclusion of the investigation concerned --
(a) no evidence of an offence has been obtained;
(b) although evidence of an offence or offences has
5 been obtained, it has been decided not to
initiate any criminal proceedings in which the
evidence would be relevant;
(c) evidence of an offence or offences committed
by only one person has been obtained and
10 criminal proceedings have been initiated
against that person; or
(d) evidence of an offence or offences committed
by 2 or more persons has been obtained and --
(i) criminal proceedings have been initiated
15 against all those persons; or
(ii) criminal proceedings have been initiated
against all those persons except any of
them against whom it has been decided
not to initiate criminal proceedings.
20 (8) If the notation ceases to have effect because of
subsection (7), the Commission must serve a written
notice of that fact on each person who was served with
the summons or notice containing the notation.
(9) If the notation is inconsistent with a direction given
25 under section 151(4)(a), the notation has no effect to
the extent of the inconsistency.
Division 2 -- Entry, search and related matters
100. Power to enter and search public premises
(1) An officer of the Commission authorised in writing by
30 the Commission may, at any time without a warrant --
(a) enter and inspect any premises occupied or
used by a public authority or public officer in
that capacity;
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(b) inspect any document or other thing in or on the
premises; and
(c) take copies of any document in or on the
premises.
5 (2) The powers conferred by this section must not be
exercised other than for the purpose of investigating
any conduct of a person that constitutes or involves or
may constitute or involve misconduct.
(3) A public authority or public officer must make
10 available to an officer authorised under subsection (1)
such facilities as are necessary to enable the powers
conferred by subsection (1) to be exercised.
(4) The powers conferred by this section may be exercised
despite --
15 (a) any rule of law which, in proceedings in a
court, might justify an objection to an
inspection of the premises or to the production
of a document or other thing on grounds of
public interest;
20 (b) any privilege of a public authority or public
officer in that capacity which the authority or
officer could have claimed in a court of law; or
(c) any duty of secrecy or other restriction on
disclosure applying to a public authority or
25 public officer.
101. Search warrants
(1) In this section --
"authorised person" means --
(a) the named officer of the Commission or
30 named officers of the Commission on whom
authority is conferred by a warrant; or
(b) a person referred to in subsection (3);
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"relevant material" means records or things that are
or appear likely to be relevant to the investigation
of suspected serious misconduct;
"warrant" means a warrant issued under
5 subsection (2).
(2) If a Judge of the Supreme Court is satisfied, on the
application of the Commission, that there are
reasonable grounds for suspecting that there may be
relevant material in or on particular premises, the Judge
10 may issue a search warrant authorising a named officer
of the Commission or named officers of the
Commission --
(a) to enter and search the premises; and
(b) where the premises comprise a vehicle, vessel,
15 aircraft or the like, to stop and detain and give
directions as to the movement of the same.
(3) The person or persons on whom authority is conferred
by a warrant may be accompanied by such other
persons as are necessary for the effective exercise of
20 the powers conferred by the warrant and this section.
(4) In addition to exercising the powers in subsection (2)
an authorised person acting under a warrant may --
(a) break open and search any thing in or on the
premises it is suspected might contain relevant
25 material;
(b) seize any relevant material and deliver it to the
Commission;
(c) secure any relevant material against
interference;
30 (d) request any person found in or on the premises
to produce any relevant material which at the
time of the request is in the possession, under
the control, or at the order or disposition, of that
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person whether in or on the premises or
elsewhere; and
(e) take photographs or copies of, or extracts or
notes from, any relevant material.
5 (5) An authorised person acting under a warrant may use
such reasonable force as is necessary.
(6) The Commission may --
(a) retain possession of any relevant material for
such reasonable period as it thinks fit; and
10 (b) at any time release any relevant material,
whether conditionally or unconditionally, to
any person who appears to be entitled to
possession of it.
(7) The law and practice relating to search warrants issued
15 under section 711 of The Criminal Code shall apply to
an application for a search warrant under this section.
(8) Before an authorised person acting under a warrant
uses force that may cause damage to any property in
order to gain access or entry to a place or thing, the
20 authorised person must, if reasonably practicable --
(a) give the occupier of the place a reasonable
opportunity to allow the authorised person
entry or access to the place; or
(b) give the person who has possession or control
25 of the thing a reasonable opportunity to allow
the authorised person to have access to the
thing,
as the case requires, unless the authorised person
suspects on reasonable grounds that to do so would
30 frustrate the effectiveness of the search permitted by
the warrant or would endanger any person.
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Division 3 -- Assumed identities
102. Terms used in this Division
In this Part --
"chief officer", of an issuing agency, means the officer in
5 charge (however described) of the issuing agency;
"issuing agency" means --
(a) a public authority; or
(b) a person, body or entity that is not a public
authority;
10 "officer", of an issuing agency, includes a person
employed or engaged by the issuing agency;
"register" means a register kept under the Births,
Deaths and Marriages Registration Act 1998;
"Registrar" means the Registrar of Births, Deaths and
15 Marriages referred to in section 5 of the Births,
Deaths and Marriages Registration Act 1998.
103. Approval for assumed identity
(1) The Commission may grant an approval (an "assumed
identity approval") for the acquisition and use of an
20 assumed identity by an officer of the Commission.
(2) The approval must be in writing signed by the
Commission.
(3) A single approval may be given for one or more
assumed identities.
25 (4) The approval --
(a) must specify --
(i) the date of the approval;
(ii) the details of each assumed identity
approved; and
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(iii) the name of the officer of the
Commission to whom the approval
applies;
and
5 (b) may specify the evidence of each assumed
identity that may be acquired under the
approval.
(5) The approval may be granted subject to conditions
specified in the approval.
10 (6) The Commission may, in writing, vary or cancel the
approval.
(7) Written notice of the variation or cancellation must be
given to the officer to whom the approval applies.
(8) The variation or cancellation of an approval takes
15 effect --
(a) on the day the written notice is given to the
officer to whom the approval applies; or
(b) if a later date of effect is stated in the notice --
on the day stated.
20 (9) The approval remains in force until it is cancelled.
104. What an approval authorises
(1) An assumed identity approval authorises the officer of
the Commission to whom it applies to acquire and use
an assumed identity specified in the approval if the
25 acquisition and use are --
(a) in the course of, or incidental to, duty; and
(b) in accordance with the assumed identity
approval.
(2) The officer can use an assumed identity under the
30 authority of an assumed identity approval without
having actually acquired the identity.
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(3) For the purposes of this Division --
(a) an officer acquires an assumed identity by
obtaining evidence of the identity under the
assumed identity, including by obtaining the
5 making of an entry in any register or other
record of information; and
(b) an officer uses an assumed identity by --
(i) representing it to be the officer's true
identity; or
10 (ii) acting in a way that is consistent with
such an identity rather than the officer's
real identity.
(4) An assumed identity approval also authorises --
(a) the making (by the officer to whom the
15 approval applies or by the Commission) of any
false or misleading representation about the
officer, for the purposes of or in connection
with the acquisition or use of the assumed
identity by the officer; and
20 (b) the use by the officer of the assumed identity to
obtain evidence of the identity.
105. Issuing evidence of assumed identity
(1) The Commission may request the chief officer of an
issuing agency to --
25 (a) produce evidence of an assumed identity in
accordance with an assumed identity approval;
and
(b) give evidence of an assumed identity to the
officer specified in the approval.
30 (2) The request must state a reasonable period for
compliance with the request.
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(3) The chief officer of a public authority who receives a
request under subsection (1) is authorised and required
to comply with the request.
(4) The chief officer of an issuing agency that is not a
5 public authority who receives a request under
subsection (1) is authorised to comply with the request,
but does not have to do so.
(5) For the purpose of complying with a request under this
section, the chief officer, and any other officer of the
10 issuing agency acting in accordance with the directions
of the officer in charge, are authorised to provide
evidence of identity and make an appropriate entry in a
register or other record of information in accordance
with the request.
15 (6) In subsection (5) --
"appropriate entry", in respect of an assumed
identity, means a written or electronic entry that,
either alone or with other entries, is not
inconsistent with the assumed identity being a real
20 identity.
106. Court orders as to entries in register
(1) A Judge of the Supreme Court may order the Registrar
to make an entry in a register under the Births, Deaths
and Marriages Registration Act 1998 in relation to the
25 acquisition of an assumed identity under an assumed
identity approval.
(2) The Judge may make the order --
(a) on application of the Commission; and
(b) if satisfied the order is justified having regard
30 to the nature of the activities to be undertaken
by the officer of the Commission under the
assumed identity approval.
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(3) The Registrar must give effect to the order --
(a) within the period stated in the order; or
(b) if no period is stated in the order -- within
28 days after the day on which the order is
5 made.
107. Hearing of application
(1) An application under section 106 or 109 is to be heard
in closed court.
(2) A transcript of the proceedings on the application is not
10 to be made.
(3) No record of the application or of an order in relation
to the application is to be available for search by any
person, except by direction of a Judge.
(4) Nothing in this section prevents a person who was
15 present at an application from giving oral evidence to a
court about things that happened at the application.
108. Cancellation of evidence of assumed identity
(1) The chief officer of an issuing agency who produces
evidence of an assumed identity under this Division is
20 to cancel the evidence if directed in writing to do so by
the Commission.
(2) This section does not apply to an entry in a register
because of an order under section 106.
(3) In this section --
25 "cancel" includes delete or alter an entry in a record of
information.
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109. Cancellation of approval affecting entry in register
of births, deaths and marriages
(1) This section applies if --
(a) the Commission cancels an approval for an
5 assumed identity; and
(b) there is an entry in relation to that identity in a
register because of an order under section 106.
(2) If this section applies, the Commission must apply for
an order under section 110 within 28 days after the
10 approval is cancelled.
110. Cancelling entries in register of births, deaths and
marriages
(1) On application of the Commission, a Judge of the
Supreme Court may order the Registrar to cancel an
15 entry that has been made in a register under an order
under section 106.
(2) The Registrar must give effect to the order within
28 days after the day on which the order is made.
111. Protection from liability
20 (1) The chief officer, or another officer, of an issuing
agency who does something that, apart from this
section, would be an offence, is not criminally
responsible for the offence if the thing is done to
comply with a request under section 105 or 108 or an
25 order under section 106 or 110.
(2) If an officer of the Commission to whom an assumed
identity approval applies does something that, apart
from this section, would be an offence, the officer is
not criminally responsible for the offence if --
30 (a) the thing is done in the course of acquiring or
using an assumed identity in accordance with
the approval;
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(b) the thing is done in the course of duty; and
(c) the thing would not be an offence if the
assumed identity were the officer's real
identity.
5 112. Indemnity
(1) The Commission must indemnify an issuing agency, or
an officer of the agency, for any liability incurred by
the agency or officer (including reasonable costs) if --
(a) the liability is incurred because of something
10 done by the agency or officer to comply with a
request under section 105, a direction under
section 108 or an order under section 106 or
110 and in the course of duty; and
(b) any requirements prescribed by the regulations
15 have been met.
(2) The Commission must indemnify an officer of the
Commission to whom an assumed identity approval
applies for any liability incurred by the officer
(including reasonable costs) because of something
20 done by the officer if --
(a) the thing is done in the course of acquiring or
using an assumed identity in accordance with
the approval;
(b) the thing is done in the course of the officer's
25 duty; and
(c) any requirements prescribed under the
regulations have been met.
113. Particular skills or qualifications
(1) Sections 111 and 112 do not apply to anything done by
30 an officer of the Commission to whom an assumed
identity approval applies if --
(a) a particular skill or qualification is needed to do
the thing; and
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(b) the officer does not have that skill or
qualification.
(2) Subsection (1) applies whether or not the officer has
acquired, as evidence of the assumed identity, a
5 document that establishes that he or she has that skill or
qualification.
114. Identity of certain officers not to be disclosed in
legal proceedings
(1) In this section --
10 "court" includes any tribunal, authority or person
having power to require the production of
documents or the answering of questions.
(2) If, in proceedings before a court, the identity of an
officer of the Commission in respect of whom an
15 assumed identity approval is or was in force may be
disclosed, the court must, unless it considers that the
interests of justice otherwise require --
(a) ensure that such parts of the proceedings as
relate to the real identity of the officer are held
20 in private; and
(b) make such orders as to the suppression of
evidence given before it as, in its opinion, will
ensure that the identity of the officer is not
disclosed.
25 (3) In particular, the court --
(a) may allow an officer in respect of whom an
assumed identity approval was or is in force to
appear before it under the assumed identity or
under a code name or code number; and
30 (b) may make orders prohibiting the publication of
any information (including information derived
from evidence before it) that identifies, or
might facilitate the identification of, any person
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who has been or is proposed to be called to give
evidence.
(4) A person who discloses information in contravention of
an order in force under this section is guilty of a crime.
5 Penalty: Imprisonment for 5 years and a fine of
$100 000.
115. Information not to be disclosed
A person who, either directly or indirectly, makes a
record of, or discloses, to another person, any
10 information relating to the provision of evidence of
identity or the making of an entry in a register or other
record of information under this Division, unless it is
necessary to do so for the purposes of this Division, is
guilty of a crime.
15 Penalty: Imprisonment for 5 years and a fine of
$100 000.
116. Misuse of assumed identity
(1) An officer of the Commission to whom an assumed
identity approval applies must not misuse an assumed
20 identity covered by the approval.
Penalty: Imprisonment for 3 years and a fine of
$60 000.
(2) For the purposes of subsection (1), an officer of the
Commission misuses an assumed identity covered by
25 an approval if --
(a) the officer acquires evidence of, or uses, the
assumed identity; and
(b) the acquisition or use is not --
(i) in accordance with the approval; and
30 (ii) in the course of duty.
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117. Evidence
(1) A document purporting to be an approval granted by
the Commission is admissible in any legal proceedings.
(2) A certificate signed by the Commission stating that --
5 (a) a person is authorised by this Division to
prepare and provide a specified document or
make a specified entry; or
(b) on a specified date, or during a specified
period, a specified officer of the Commission
10 was authorised to acquire and use a specified
assumed identity in accordance with specified
conditions,
is admissible in any legal proceedings and is
conclusive evidence of the matters specified in the
15 certificate.
118. Review
The Commission must review each assumed identity
approval at least once every 6 months while the
approval is in force.
20 Division 4 -- Controlled operations and integrity
testing programmes
119. Terms used in this Division
In this Division --
"authorised operation" means a controlled operation
25 or integrity testing programme for which an
authority is in force;
"authority" means an authority in force under this
Division, and includes any variation of such an
authority;
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"civilian participant" in an authorised operation
means a participant in the operation who is not an
officer of the Commission;
"controlled activity" means an activity for which a
5 person would, but for section 128, be criminally
responsible;
"controlled operation" means an operation that --
(a) is conducted, or intended to be conducted,
for the purpose of obtaining or facilitating
10 the obtaining of evidence of misconduct; and
(b) involves or may involve a controlled
activity;
"formal authority" has the meaning given by
section 121(2);
15 "integrity testing programme" has the meaning given
by section 123;
"officer participant" in an authorised operation means
a participant in the operation who is an officer of
the Commission;
20 "participant" in an authorised operation means a
person who is authorised under this Division to
engage in controlled activities for the purposes of
the operation;
"urgent authority" has the meaning given by
25 section 121(2).
120. Provisions are not to affect certain matters
The provisions of this Division are not intended to limit
a discretion that a court has --
(a) to admit or exclude evidence in any
30 proceedings; or
(b) to stay criminal proceedings in the interests of
justice.
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121. Authority to conduct controlled operation
(1) The Commission may grant an authority to conduct a
controlled operation.
(2) The authority may be granted --
5 (a) by means of a written document signed by the
Commission (a "formal authority"); or
(b) by such other means as are available, including
(but not limited to) orally in person, by
telephone or by 2-way radio (an "urgent
10 authority").
(3) The authority must --
(a) specify the officer of the Commission
responsible for the operation;
(b) identify each person who may engage in
15 controlled activities for the purposes of the
operation;
(c) identify the controlled operation;
(d) specify --
(i) with respect to officer participants, the
20 nature of the controlled activities that
those officers may engage in; and
(ii) with respect to civilian participants, the
nature of the controlled activities that
each participant may engage in;
25 (e) specify a period, not exceeding 6 months, for
which the authority is to remain in force; and
(f) specify the day on which and time when, the
authority is given.
(4) A person is sufficiently identified for the purposes of
30 subsection (3)(a) or (b) if the person is identified --
(a) by an assumed identity under which the person
is operating; or
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(b) by a code name or number,
so long as the assumed identity, code name or code
number can be matched to the person's identity by
reference to documentation kept by the Commission.
5 (5) For the purposes of subsection (3)(c) a controlled
operation may be identified by reference to a plan of
the controlled operation held by the Commission.
(6) The authority may be granted subject to conditions
specified in the authority.
10 (7) If the Commission grants an urgent authority, the
Commission must --
(a) ensure that written notes are kept of the
following matters --
(i) the date and time when the authority
15 was granted; and
(ii) the particulars referred to in
subsections (3) and (6);
and
(b) as soon as practicable prepare a written
20 document that complies with subsection (3) and
includes any conditions subject to which the
authority was granted.
(8) Unless it is sooner cancelled, an authority remains in
force for the period specified in the authority.
25 122. Certain matters not to be authorised
(1) A participant in a controlled operation must
not --
(a) intentionally induce another person to
engage in misconduct that there is no
30 reason to suspect that person has
previously engaged in; or
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(b) engage in conduct that is likely to
seriously endanger the health or safety
of that or any other participant, or any
other person, or to result in serious loss
5 or damage to property.
(2) An authority to conduct a controlled operation in
respect of a matter for which there is not an allegation
of misconduct must not be granted unless each person
to be investigated under the controlled operation is --
10 (a) a police officer; or
(b) a person of a class prescribed by the
regulations.
(3) A person must not be authorised to participate in a
controlled operation unless the Commission is satisfied
15 that the person has the appropriate skills to participate
in the operation.
(4) A person who is not an officer of the Commission --
(a) must not be authorised to participate in any
aspect of a controlled operation unless the
20 Commission is satisfied that it is wholly
impracticable for an officer of the Commission
to participate in that aspect of the operation;
and
(b) must not be authorised to engage in a controlled
25 activity unless it is wholly impracticable for the
person to participate in the aspect of the
controlled operation referred to in paragraph (a)
without engaging in that activity.
123. Authority to conduct integrity testing programme
30 (1) The Commission may grant an authority for an officer
of the Commission or another person to conduct a
programme (an "integrity testing programme") to
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test the integrity of any particular public officer or class
of public officers.
(2) An integrity testing programme may involve an act or
omission (by a person who is participating in the
5 programme) that offers a public officer whose integrity
is being tested the opportunity to engage in behaviour,
whether lawful or unlawful, in contravention of the
principles of integrity required of a public officer.
(3) The authority must be in writing signed by the
10 Commission.
(4) The authority must --
(a) specify the officer of the Commission
responsible for the programme;
(b) specify the names of any persons who are
15 authorised to participate in the programme;
(c) identify the integrity testing programme;
(d) specify the nature of the particular activities in
which the persons specified in the authority are
authorised to engage;
20 (e) specify a period, not exceeding 6 months, for
which the authority is given; and
(f) specify a date and time, being not earlier than its
signing, when the authority comes into force.
(5) For the purposes of subsection (4)(c) an integrity
25 testing programme may be identified by reference to a
plan of the programme held by the Commission.
(6) A person is sufficiently identified for the purposes of
subsection (4)(a) or (b) if the person is identified --
(a) by an assumed identity under which the person
30 is operating; or
(b) by a code name or number,
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so long as the assumed identity, code name or code
number can be matched to the person's identity by
reference to documentation kept by the Commission.
(7) The authority may be granted subject to conditions
5 specified in the authority.
(8) An authority to conduct an integrity testing programme
in respect of a matter for which there is not an
allegation of misconduct must not be granted unless
each person to be tested under the integrity testing
10 programme is --
(a) a police officer; or
(b) a person of a class prescribed by the
regulations.
(9) Unless it is sooner cancelled, an authority remains in
15 force for the period specified in the authority.
124. Variation of authority
(1) The Commission may vary an authority.
(2) The variation must --
(a) identify the authorised operation for which the
20 authority is in force;
(b) specify the date and time when the variation of
the authority is granted; and
(c) describe the variation.
(3) A variation of an authority to conduct a controlled
25 operation may be granted --
(a) by means of a written document signed by the
Commission (a "formal variation of an
authority"); or
(b) by such other means as are available, including
30 (but not limited to) orally in person, by
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telephone or by 2-way radio (an "urgent
variation of an authority").
(4) A variation of an authority to conduct an integrity
testing programme must be granted by means of a
5 written document signed by the Commission.
(5) If the Commission grants an urgent variation of an
authority, the Commission must --
(a) ensure that written notes are kept of the date
and time when the variation of authority was
10 granted; and
(b) as soon as practicable prepare a written
document that complies with subsection (2).
125. Cancellation of authority
(1) The Commission may, by order in writing, cancel an
15 authority.
(2) Cancellation of an authority takes effect at the time the
order is made or at such later time as may be specified
in the order.
126. Effect of authority
20 While it is in force, an authority for a controlled
operation or an integrity testing programme --
(a) authorises each officer participant to engage in
the controlled activities specified in the
authority in respect of the officer participants;
25 and
(b) authorises each civilian participant to engage in
the particular controlled activities specified in
the authority in respect of that participant.
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127. Defect in authority
Any authority or variation of authority is not
invalidated by any defect, other than a defect that
affects the authority or variation in a material
5 particular.
128. Protection from criminal responsibility
Despite any written or other law, a participant who
engages in an activity in an authorised operation in the
course of, and for the purposes of the operation, is not,
10 if engaging in that activity is an offence, criminally
responsible for the offence, if --
(a) the activity is authorised by, and is engaged in
accordance with, the authority for the
operation; and
15 (b) in the case of a controlled operation, the
activity meets the requirements of section 130.
129. Indemnification of participants against civil liability
(1) The Commission must indemnify an officer of the
Commission against any civil liability (including
20 reasonable costs) the officer incurs because of conduct
the officer engages in as an officer participant if --
(a) the officer engages in the conduct in the course
of, and for the purposes of, an operation
authorised by, and in accordance with, the
25 authority for the operation;
(b) in the case of a controlled operation, the
conduct meets the requirements of section 130;
and
(c) the requirements specified in the regulations
30 have been met.
(2) The Commission must indemnify a person who is not
an officer of the Commission against any civil liability
(including reasonable costs) the person incurs because
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of conduct the person engages in as a civilian
participant if --
(a) the person engages in the conduct in the course
of, and for the purposes of, an operation
5 authorised by, and in accordance with, the
authority for the operation;
(b) in the case of a controlled operation, the
conduct meets the requirements of section 130;
and
10 (c) the requirements specified in the regulations
have been met.
130. Requirements that must be met to obtain protection
from criminal responsibility or indemnity
An activity or conduct meets the requirements of this
15 section if --
(a) the activity or conduct does not involve any
participant in the operation intentionally
inducing a person to engage in misconduct that
there is no reason to suspect that person had
20 previously engaged in; and
(b) the activity or conduct does not involve any
participant in the operation engaging in any
conduct that is likely to seriously endanger the
health or safety of that or any other participant,
25 or any other person, or to result in serious loss
or damage to property.
131. Effect of being unaware of variation or cancellation
of authority
(1) If an authority is varied in a way that limits its scope,
30 this Division continues to apply to any participant in
the operation as if the authority had not been varied in
that way, for so long as the participant --
(a) is unaware of the variation; and
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(b) is not reckless about the existence of the
variation.
(2) If an authority for a controlled operation is cancelled,
this Division continues to apply to any participant in
5 the operation as if the authority had not been cancelled
in that way, for so long as the participant --
(a) is unaware of the cancellation; and
(b) is not reckless about the existence of the
cancellation.
10 (3) For the purposes of this section, a person is reckless
about the existence of the variation or cancellation of
an authority if --
(a) the person is aware of a substantial risk that the
variation or cancellation has happened; and
15 (b) having regard to the circumstances known to
the person, it is unjustifiable to take the risk.
132. Protection from criminal responsibility for certain
ancillary activities
(1) This section applies to an activity such as aiding and
20 abetting the commission of an offence or of conspiring
to commit an offence (an "ancillary activity") for
which a person may be criminally responsible because
it involves an activity for which the other person would
(but for section 128) be criminally responsible (the
25 "related controlled activity").
(2) Despite any other Act or law, a person who engages in
an ancillary activity that is an offence (whether or not
that person is a participant in an authorised operation)
is not criminally responsible for the offence if at the
30 time the person engaged in the ancillary activity he or
she believed the related controlled activity was being
engaged in, or would be engaged in, by a participant in
an authorised operation.
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133. Evidence
(1) A document purporting to be an authority granted by
the Commissioner is admissible in any legal
proceedings.
5 (2) A certificate signed by the Commission stating that, on
a specified date or during a specified period, a
specified person was authorised under this Division to
participate in a controlled operation or integrity testing
programme involving a specified act or omission is
10 admissible in any legal proceedings and is conclusive
evidence of the matters specified in the certificate.
134. Identity of certain participants not to be disclosed in
legal proceedings
(1) In this section --
15 "court" includes any tribunal, authority or person
having power to require the production of
documents or the answering of questions.
(2) If, in proceedings before a court, the identity of a
participant in an authorised operation is in issue or may
20 be disclosed, the court must, unless it considers that the
interests of justice otherwise require --
(a) ensure that such parts of the proceedings as
relate to the real identity of the participant are
held in private; and
25 (b) make such orders as to the suppression of
evidence given before it as, in its opinion, will
ensure that the identity of the participant is not
disclosed.
(3) In particular, the court --
30 (a) may allow a participant in an authorised
operation who has been authorised to
participate in the operation under an assumed
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name to appear before it under the assumed
identity or under a code name or code number;
and
(b) may make orders prohibiting the publication of
5 any information (including information derived
from evidence before it) that identifies, or
might facilitate the identification of, any person
who has been or is proposed to be called to give
evidence.
10 (4) A person who discloses information in contravention of
an order in force under this section is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of
$100 000.
Division 5 -- General
15 135. Evidence
Except as otherwise stated in this Act, the Commission is
not bound by the rules or practice of evidence and can
inform itself on any matter in such manner as it thinks fit.
136. Ancillary powers
20 The powers of the Commission include the power to do
anything that is necessary or incidental to the
performance of the Commission's functions under this
Part.
Part 7 -- Examinations and deciding claims of
25 privilege and excuse
Division 1 -- Examinations
137. Commission may conduct examinations
The Commission may conduct an examination for the
purposes of an investigation under this Act or for the
30 purposes of an investigation in respect of which an
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exceptional powers finding has been made under
section 46 and an organised crime summons has been
issued.
138. Conduct
5 (1) Before the Commission conducts an examination for
the purposes of an investigation under this Act, the
Commission is to inform the witness of the general
scope and purpose of the investigation.
(2) Subsection (1) does not apply if the Commission
10 considers that in the circumstances it would be
undesirable to so inform the witness.
(3) Except as otherwise stated in this Act, the Commission
may regulate the conduct of examinations as the
Commission thinks fit.
15 139. Examination to be private unless otherwise ordered
(1) Except as provided in section 140, an examination is
not open to the public.
(2) The Commission may make an order as to who may be
present during the whole or any part of an examination
20 that is not open to the public.
(3) Nothing in an order given under subsection (2)
prevents the presence at an examination, of --
(a) a person representing a witness;
(b) an officer of the Commission; or
25 (c) a person allowed to be present under
section 142(5).
(4) A person must not be present at an examination, or part
of an examination, that is not open to the public unless
the person is entitled to be present by reason of an
30 order under subsection (2) or by reason of
subsection (3).
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Penalty: Imprisonment for 3 years and a fine of
$60 000.
140. Public examination
(1) This section does not apply to an organised crime
5 examination.
(2) The Commission may open an examination to the
public if, having weighed the benefits of public
exposure and public awareness against the potential for
prejudice or privacy infringements, it considers that it
10 is in the public interest to do so.
(3) A decision to open an examination to the public may
be made at any time before or during the examination.
(4) If the Commission decides to open an examination to
the public, the Commission may close the examination
15 for a particular purpose.
141. Power to examine on oath or affirmation
(1) The Commission may require a witness to take an oath
or to make an affirmation.
(2) The Commissioner may administer an oath or
20 affirmation to a witness.
142. Legal representation
(1) When appearing at an examination a witness may be
legally represented.
(2) If the Commission has notice that a witness will not
25 have a legal representative present at an examination,
the Commission may, if it considers that in the
circumstances it would be in the public interest to do
so, arrange for the person to be legally represented at
the examination.
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(3) A witness may decline to be legally represented as
arranged under subsection (2) by the Commission, and
in that case the Commission is not obliged to arrange
any other legal representation for the witness.
5 (4) The Commission may refuse to allow a witness to be
represented before the Commission by a person who is
already involved in an examination or is involved or
suspected to be involved in a matter being investigated.
(5) The Commission may allow another person to be
10 legally represented at an examination while a witness is
giving evidence and being examined if the Commission
considers there are special circumstances.
(6) A legal practitioner, or any other person, appointed by
the Commission to assist the Commission may appear
15 before the Commission.
143. Examination
(1) When a witness is appearing at an examination a legal
practitioner, or any other person, appointed by the
Commission to assist the Commission may, so far as
20 the Commission thinks proper, examine the witness on
any matter that the Commission considers relevant.
(2) A person representing a witness before the
Commission may, so far as the Commission thinks
proper, examine that witness on any matter that the
25 Commission considers relevant.
(3) This section does not prevent the Commission from
allowing any other examination that the Commission
considers relevant.
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Division 2 -- Claims of privilege and reasonable excuse
144. Legal professional privilege
(1) Subject to subsection (2), nothing in this Act prevents a
person who is required under this Act to answer
5 questions, give evidence, produce records, things or
information or make facilities available from claiming
legal professional privilege as a reason for not
complying with that requirement.
(2) Subsection (1) does not apply to any privilege of a
10 public authority or public officer in that capacity.
145. Use of statements obtained
(1) A statement made by a witness in answer to a question
that a Commission requires the witness to answer is not
admissible in evidence against the person making the
15 statement in --
(a) any criminal proceedings; or
(b) proceedings for the imposition of a penalty
other than --
(i) contempt proceedings;
20 (ii) proceedings for an offence against this
Act; or
(iii) disciplinary action.
(2) Despite subsection (1), the witness may, in any civil or
criminal proceedings, be asked about the statement
25 under section 21 of the Evidence Act 1906.
Division 3 -- General
146. Allowances for witnesses
(1) A person appearing as a witness is entitled to be paid
for the expenses of attendance.
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(2) The amount of expenses payable is the amount
certified by the Commission in accordance with a scale
which may be prescribed or, if a scale is not prescribed,
the sum the Commission certifies as reasonable.
5 (3) The expenses are payable by the Treasurer of the State.
(4) For the purposes of this section the Consolidated Fund
is, to the extent necessary, appropriated accordingly.
147. Protection of Commission, legal representatives and
witnesses
10 (1) The Commission has, in the performance of its
functions at an examination, the same protection and
immunity as a Judge of the Supreme Court.
(2) A legal practitioner, or other person, when representing
a person at an examination or assisting the Commission
15 at an examination has the same protection and
immunity as a legal practitioner appearing for a party
in a proceeding in the Supreme Court and, if the person
is a legal practitioner, is subject to the same liabilities
as if appearing before that court.
20 (3) A person required to attend or appearing at an
examination as a witness has the same protection as a
witness in a proceeding in the Supreme Court, and is,
in addition to the penalties provided by this Act,
subject to the same liabilities in any civil or criminal
25 proceeding, as a witness in any case tried in the
Supreme Court.
Part 8 -- Arrest warrants
148. Arrest
(1) Where an investigation relates to serious misconduct or
30 a summons is issued pursuant to an application under
section 48, if a person who has been served with a
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summons under section 96 fails to attend as required by
the summons and section 97, the Commission may, on
proof by a statement verified by statutory declaration
that the summons was served, issue a warrant for the
5 apprehension of that person.
(2) The Commission may issue a warrant for the
apprehension of a person whose evidence is desired
and is necessary and relevant to the Commission's
investigation if the Commission is satisfied by
10 evidence on oath or affirmation that it is probable that
the person --
(a) will not attend before the Commission to give
evidence without being compelled to do so; or
(b) is about to or is making preparation to leave the
15 State and the person's evidence will not be
obtained by the Commission if the person
departs.
(3) The powers conferred by subsection (2) must not be
exercised unless the Commission is satisfied that the
20 evidence of the person concerned is required for the
purpose of investigating any conduct that constitutes or
involves or may constitute or involve misconduct.
(4) A warrant may be issued under subsection (2) without
or before the issue of a summons to the person whose
25 evidence is desired.
(5) A warrant may be issued under subsection (2) after the
issue of a summons to the person whose evidence is
desired, even though the time specified in the summons
for the person to attend has not yet passed.
30 (6) A warrant issued under this section authorises any
person to whom it is addressed --
(a) to apprehend the person named in the warrant
at any time and bring immediately the person
before the Commission; and
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(b) for that purpose, to detain the person named in
the warrant in custody until released by order of
the Commission or, on review, by order of the
Supreme Court.
5 (7) The person executing the warrant may --
(a) break and enter any place, building, vessel or
other thing for the purpose of executing the
warrant; and
(b) use reasonable force and assistance to
10 apprehend the person named in the warrant.
(8) Before the person acting under the warrant (the
"authorised person") uses force that may cause
damage to any property in order to gain access or entry
to a place or thing, the authorised person must, if
15 reasonably practicable --
(a) give the occupier of the place a reasonable
opportunity to allow the authorised person
entry or access to the place; or
(b) give the person who has possession or control
20 of the thing a reasonable opportunity to allow
the authorised person to have access to the
thing,
as the case requires, unless the authorised person
suspects on reasonable grounds that to do so would
25 frustrate the effectiveness of the warrant or would
endanger any person.
(9) The apprehension of a person under this section does
not prevent the person from being dealt with under
section 159 for contempt.
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149. Conditional release from custody
(1) The release of a person by order of the Commission
under section 148(6)(b) may be made subject to one or
more of the following conditions --
5 (a) a condition that the person appear and report
before the Commission in accordance with the
terms of the order unless excused from
attendance or until released from further
attendance by the Commission;
10 (b) conditions for the purpose of ensuring the
further attendance of the person before the
Commission (for example, the provision of
sureties by the person, the surrender of any
passport held by the person, a requirement as to
15 where the person is to live and regular reporting
by the person to the Commission);
(c) any other condition that the Commission thinks
appropriate.
(2) The Commission may by order amend, revoke or add
20 to those conditions.
(3) A person who without reasonable excuse fails to
comply with a condition to which the release of the
person under section 148(6)(b) is subject is guilty of an
offence.
25 Penalty: Imprisonment for 3 years and a fine of
$60 000.
149A. Provision for overnight detention
If the person is required to be detained overnight, the
Commission must arrange for the person to be
30 provided with accommodation and meals to a standard
comparable to that generally provided to jurors kept
together overnight.
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150. Review by Supreme Court
(1) A person who has not been released by the
Commission under section 148(6)(b) or whose release
under that provision is subject to one or more
5 conditions may apply to the Supreme Court for a
review of the decision not to release the person or of
the terms of one or more of those conditions.
(2) The Supreme Court may do either or both of the
following --
10 (a) affirm or set aside a decision by the
Commission not to release the person or any
condition imposed by the Commission on the
release of the person;
(b) make any order that the Commission may make
15 in relation to the detention or release of the
person;
(c) order the person be brought before the Supreme
Court.
(3) The Supreme Court may also exercise its powers under
20 subsection (2) where the Commission has not made a
decision on the release of the person.
(4) An order under subsection (2) is taken to be an order of
the Commission.
(5) The Commission shall facilitate the person's access to
25 legal representation in order to make an application
under subsection (1).
".
18. Section 40 amended
Section 40(2)(d) is amended by deleting "a Standing
30 Committee" and inserting instead --
" the Standing Committee ".
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19. Section 42 amended
Section 42(4)(c) is amended by deleting "a Standing
Committee" and inserting instead --
" the Standing Committee ".
5 20. Section 43 amended
Section 43(4) is amended by deleting "(2)" and inserting
instead --
" (3) ".
21. Section 60 amended
10 (1) Section 60(1) is amended by deleting "5" and inserting
instead --
" 3 ".
(2) After section 60(1) the following subsection is inserted --
(1a) In addition to any matters that the Minister may
15 determine, the Minister shall also have regard to
whether the Act should be amended to include --
(a) a multi person Commission;
(b) the appointment of up to two Assistant
Commissioners;
20 (c) jurisdiction over private entities executing
public functions;
(d) the Commission having an investigative crime
function;
(e) a public interest monitor;
25 (f) the Commission performing a witness
protection function;
(g) the Commission taking over the confiscation of
proceeds of crime from the Director of Public
Prosecutions;
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(h) provision for witness and interpreter fees; and
(i) the adoption of the legislative scheme of the
Crime and Misconduct Act 2001(Qld).
(3) Section 60(2) is amended by deleting "6" and inserting
5 instead --
" 4 ".
22. Parts 10 and 11 inserted
After Part 3 the following Parts are inserted --
"
10 Part 10 -- Contempt
157. Meaning of "reasonable excuse"
In this Part --
"reasonable excuse", in relation to a failure to produce
any document or other thing, means an excuse that
15 would excuse a similar failure by a witness, or a
person summoned as a witness, before the
Supreme Court except that it does not include as
an excuse for failing to produce any document or
other thing, that --
20 (a) the production of the document or other
thing might incriminate or tend to
incriminate the person or render the person
liable to a penalty; or
(b) the production of the document or other
25 thing would be in breach of an obligation of
the person not to disclose information, or not
to disclose the existence or contents of a
document, whether the obligation arose
under an enactment or otherwise.
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158. Penalty for failing to comply with notice
A person who --
(a) fails, without reasonable excuse, to comply
with a notice served on the person under
5 section 94 or 95; or
(b) in purported compliance with a notice served
on the person or some other person under this
section, furnishes information knowing it to be
false or misleading in a material particular,
10 is in contempt of the Commission.
159. Penalty for failing to attend or produce anything
A person who has been served with a summons under
section 96 and fails, without reasonable excuse, to --
(a) attend as required by the summons and
15 section 97; or
(b) produce any document or other thing as
required by the summons,
is in contempt of the Commission.
160. Penalty for failing to be sworn or to give evidence
20 (1) A person served with a summons under section 96
requiring the person to attend and give evidence
who --
(a) refuses or fails to be sworn or make an
affirmation; or
25 (b) fails to answer any question relevant to the
investigation that the Commission requires the
person to answer,
is in contempt of the Commission.
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(2) Despite sections 147(3) and 163(6), a person required
by the Commission to answer a question relevant to the
investigation is not excused from the requirement to
answer the question on the ground that the answer
5 might incriminate or tend to incriminate the person or
render the person liable to a penalty.
161. Penalties in relation to search warrants
(1) In this section --
"authorised person" has the meaning given by
10 section 101(1).
(2) A person who, without reasonable excuse --
(a) prevents or attempts to prevent an authorised
person from exercising a power conferred by or
under section 101;
15 (b) hinders or obstructs an authorised person in the
exercise of a power conferred by or under
section 101;
(c) fails to comply with a direction or request of an
authorised person under section 101(2)(b)
20 or (4)(d); or
(d) fails to comply with a condition imposed on the
person under section 101(6)(b),
is in contempt of the Commission.
(3) A person who furnishes to an authorised person acting
25 under a warrant issued under section 101 information
that is false in a material particular is in contempt of
the Commission.
162. Other contempt of Commission
(1) A person who --
30 (a) insults the Commission while the Commission
is conducting an examination;
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(b) deliberately interrupts an examination
conducted by the Commission;
(c) at an examination conducted by the
Commission, contravenes a provision of this
5 Act relating to the examination;
(d) creates or continues or joins in creating or
continuing, a disturbance in or near a place
where the Commission is conducting an
examination; or
10 (e) does anything else at an examination conducted
by the Commission or otherwise that would be
contempt of court if the Commission were a
judge acting judicially,
is in contempt of the Commission.
15 (2) The Commission may order that a person who under
subsection (1) is in contempt of the Commission at an
examination be excluded from the place where the
examination is being conducted.
(3) An officer of the Commission, acting under the
20 Commission's order, may, using necessary and
reasonable help and force, exclude the person from the
place.
163. Punishment of contempt
(1) Where a contempt of the Commission is alleged to
25 have taken place, the Commission may present to the
Supreme Court a certificate setting out the details of
the act or omission that the Commission considers
constitutes the alleged contempt.
(2) A certificate presented under subsection (1) is prima
30 facie evidence of the matters certified in it.
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(3) Where a certificate is presented under subsection (1),
the Supreme Court has jurisdiction as if the contempt
were a contempt of that Court.
(4) A person is not liable to be punished for contempt
5 under this section in respect of failure to comply with a
notice served under section 95 or a summons served
under section 96 if, in the case of a failure without
reasonable excuse to produce any document or other
thing, the person proves that the document or other
10 thing was not relevant to the investigation.
(5) Subsection (4) does not apply in respect of failure to
comply with an examination summons.
(6) Except as otherwise provided in this Act, a person
required to comply with a notice served under
15 section 94 or 95 or a summons served under section 96
has the same protection, and is subject to the same
liabilities in any civil or criminal proceedings, as a
witness in any case tried in the Supreme Court.
164. Conduct that is contempt and offence
20 (1) An act may be punished as a contempt of the
Commission even though it could be punished as an
offence.
(2) An act may be punished as an offence even though it
could be punished as a contempt of the Commission.
25 (3) If an act constitutes both an offence and a contempt of
the Commission the offender is not liable to be
punished twice.
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Part 11 -- Offences
165. Obstructing or hindering the Commission, the
Parliamentary Inspector or an officer
A person who wilfully delays, obstructs or otherwise
5 hinders the performance of a function by --
(a) the Commission;
(b) an officer of the Commission;
(c) the Parliamentary Inspector; or
(d) an officer of the Parliamentary Inspector,
10 commits an offence.
Penalty: Imprisonment for 3 years and a fine of
$60 000.
166. Malicious disclosure of false allegation
A person who maliciously discloses that an allegation
15 of misconduct has been or is or may be about to be
made to the Commission, knowing the allegation to be
false in a material particular, commits an offence.
Penalty: Imprisonment for 3 years and a fine of
$60 000.
20 167. Disclosure contrary to notation on summons
(1) In this section --
"notation" means a notation made under section 99 on
a notice or summons;
"notice or summons" means a notice or summons
25 containing a notation;
"official matter" has the meaning given to that term in
section 99;
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"restricted matter" means any of the following --
(a) the existence of a notice or summons or any
information about it;
(b) the existence of any official matter
5 connected with a notice or summons or any
information about that official matter.
(2) This section applies to --
(a) a person who is served with a notice or
summons; or
10 (b) a person to whom restricted matter is disclosed
in circumstances referred to in subsection (4).
(3) Subject to subsection (4), a restricted matter must not
be disclosed by a person to whom this section applies.
Penalty: Imprisonment for 3 years and a fine of
15 $60 000.
(4) A restricted matter may be disclosed --
(a) in accordance with the circumstances, if any,
specified in the notation;
(b) to a legal practitioner for the purpose of
20 obtaining legal advice or representation relating
to the notice or summons;
(c) to a person for the purpose of obtaining legal
aid relating to the notice or summons;
(d) to an officer or agent of a body corporate by the
25 body corporate or another officer or agent of
the body corporate for the purpose of ensuring
compliance with the notice or summons;
(e) by a legal practitioner for the purpose of
complying with a legal duty of disclosure
30 arising from his or her professional relationship
with a client;
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(f) by a legal practitioner referred to in
paragraph (b) for the purpose of giving legal
advice, making representations, or obtaining
legal aid, relating to the notice, summons or
5 matter; or
(g) by a person referred to in paragraph (c) for the
purpose of obtaining legal aid relating to the
notice, summons or matter.
(5) This section ceases to apply if --
10 (a) under section 99(7) the notation ceases to have
effect; or
(b) a period of 5 years elapses after the issue of the
notice or summons.
(6) Subsection (5) does not affect the operation of
15 section 151 in relation to a restricted matter.
(7) A reference in this section to disclosing the existence
of something includes disclosing information from
which a person could reasonably be expected to infer
its existence.
20 168. Giving false testimony
A person who, at an examination before the
Commission or an inquiry before the Parliamentary
Inspector, gives evidence that the person knows is false
or misleading in a material particular is guilty of a
25 crime.
Penalty: Imprisonment for 5 years and a fine of
$100 000.
169. Bribery of witness
A person who --
30 (a) gives, confers, or procures, or promises or
offers to give or confer, or to procure or attempt
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to procure, any property or benefit of any kind
to, upon, or for, any person, upon any
agreement or understanding that any person
called or to be called as a witness before the
5 Commission or the Parliamentary Inspector will
give false testimony or withhold true testimony;
(b) attempts by any means to induce a person
called or to be called as a witness before the
Commission or Parliamentary Inspector to give
10 false testimony, or to withhold true testimony;
or
(c) asks, receives or obtains, or agrees or attempts
to receive or obtain, any property or benefit of
any kind for that or any other person, upon any
15 agreement or understanding that a witness
before the Commission or Parliamentary
Inspector will give false testimony or withhold
true testimony,
is guilty of a crime.
20 Penalty: Imprisonment for 5 years and a fine of
$100 000.
170. Fraud on witness
A person who practises any fraud or deceit on, or
knowingly makes or exhibits any false statement,
25 representation, token, or writing to, a person called or
to be called as a witness before the Commission or the
Parliamentary Inspector with intent to affect the
testimony of that person as a witness, is guilty of an
offence.
30 Penalty: Imprisonment for 3 years and a fine of
$60 000.
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171. Destroying evidence
A person who, knowing that a document or other thing
is or may be required by the Commission or
Parliamentary Inspector, wilfully destroys it or renders
5 it illegible or undecipherable or incapable of
identification, with the intention of preventing it from
being effectively used in evidence, is guilty of an
offence.
Penalty: Imprisonment for 3 years and a fine of
10 $60 000.
172. Preventing witness from attending
A person who wilfully prevents, or wilfully endeavours
to prevent, a person who has been summoned to attend
as a witness before the Commission or Parliamentary
15 Inspector from attending as a witness, or from
producing anything in evidence, as required by the
summons is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of
$100 000.
20 173. Injury or detriment to witness
A person who uses, causes, inflicts, or procures, any
violence, punishment, damage, loss, or disadvantage to
any other person for or on account of the other person
having appeared as a witness before the Commission or
25 Parliamentary Inspector, or for or on account of any
evidence given by the other person before the
Commission or Parliamentary Inspector, is guilty of a
crime.
Penalty: Imprisonment for 5 years and a fine of
30 $100 000.
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174. Dismissal by employer of witness
(1) An employer who dismisses an employee from
employment, or prejudices an employee in
employment, for or on account of the employee having
5 appeared as a witness before the Commission or
Parliamentary Inspector, or for or on account of the
employee having given evidence before the
Commission or Parliamentary Inspector, is guilty of a
crime.
10 Penalty: Imprisonment for 5 years and a fine of
$100 000.
(2) In a proceeding for an offence against subsection (1) it
lies upon the employer to prove that the employee
shown to have been dismissed or prejudiced was
15 dismissed or prejudiced for a reason other than a reason
mentioned in that subsection.
175. Victimisation
A person must not --
(a) threaten to prejudice the safety or career of any
20 person;
(b) intimidate or harass, or threaten to intimidate or
harass, any person; or
(c) do an act that is, or is likely to be, to the
detriment of any person,
25 because the person mentioned in paragraph (a), (b)
or (c), or someone else, gave evidence to, or helped,
the Commission or Parliamentary Inspector in the
performance of its, his or her functions.
Penalty: Imprisonment for 3 years and a fine of
30 $60 000.
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176. Pretending to be officer
A person must not pretend to be an officer of the
Commission or an officer of the Parliamentary
Inspector.
5 Penalty: Imprisonment for 3 years and a fine of
$60 000.
177. Summary conviction of crimes
(1) Despite an offence against this Act being a crime, a
court of summary jurisdiction may hear and determine
10 proceedings in respect of the offence if the court is
satisfied that it is proper to do so and the defendant and
the prosecutor consent.
(2) Where, in accordance with subsection (1), a court of
summary jurisdiction convicts a person of an offence,
15 the penalty that the court may impose is imprisonment
for a period not exceeding 3 years and a fine not
exceeding $60 000.
177A. Summary prosecutions may be brought at any time
with consent
20 Despite section 51 of the Justices Act 1902 a complaint
with regard to a simple offence may be made within 36
months from the time that the matter of complaint
arose or thereafter at any time with the consent of the
Attorney General.
25 ".
23. Section 185 inserted
After section 30 the following section is inserted --
"
185. Delegation
30 (1) Subject to subsection (2), the Commission may
delegate to an officer of the Commission any power or
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duty of the Commission under another provision of this
Act.
(2) The Commission cannot delegate the following powers
and duties --
5 (a) the power to initiate a proposition under
section 26;
(b) the power to conduct examinations on oath;
(c) the power to summons a person to attend and
produce things;
10 (d) the power to issue a warrant for the
apprehension of a person under section 148;
(e) the power to make a direction as to publication
under section 151;
(f) the power to require production of a statement
15 of information under section 94;
(g) the power to make an exceptional powers
finding under section 46;
(h) the power to approve an assumed identity under
section 103;
20 (i) the duty to review assumed identity approvals
under section 118;
(j) the power to authorise the conduct of a
controlled operation under section 121;
(k) the power to authorise an integrity testing
25 programme under section 123;
(l) the power to issue a fortification warning notice
under section 68;
(m) the power to certify an alleged contempt;
(n) the power to make recommendations;
30 (o) the duty of making a report under this Act;
(p) the powers of the Commission under the
Surveillance Devices Act 1998.
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(3) The delegation must be in writing executed by the
Commission.
(4) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
5 (5) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(6) Nothing in this section limits the ability of the
10 Commission to perform a function through an officer
or agent.
".
24. Section 33 amended
After section 33(3) the following subsections are inserted --
15 "
(4) The Parliamentary Inspector is an officer of Parliament
and is responsible for assisting the Standing Committee
in the performance of its functions.
(5) The Parliamentary Inspector is an officer of the
20 Parliament who helps the Standing Committee in the
performance of its functions.
".
25. Section 34 amended
Section 34(1) is amended by deleting subsections (1), (2) and
25 (3) and inserting instead --
"
(1) The Parliamentary Inspector is to be appointed on the
recommendation of the Premier by the Governor by
commission under the Public Seal of the State.
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(2) Except in the case of the first appointment, the Premier
is to recommend the appointment of a person --
(a) whose name is on a list of 3 persons eligible for
appointment that is submitted to the Premier by
5 the nominating committee; and
(b) who, if there is a Standing Committee, has the
support of the majority of the Standing
Committee and bipartisan support.
(3) The Parliamentary Inspector is to hold office in
10 accordance with this Act.
".
26. Section 38 amended
Section 38 is amended by inserting the following subsection
after subsection (2) --
15 "
(2a) The process for nomination and consultation with
regard to the appointment of a person to act in the
office of Parliamentary Inspector shall be the same as
that for the appointment of the Parliamentary Inspector
20 except that --
(a) the process may be carried out prospectively
even though the necessity for an appointment
has not arisen;
(b) it may be carried out with respect to a number
25 of persons each of whom is eligible to be
appointed should the necessity arise; and
(c) any bipartisan support for a person lapses on
the expiration of 12 months from the date of the
resolution.
30 ".
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27. Section 40 amended
(1) Section 40(1) is amended as follows --
(a) before paragraph (a) the following paragraph is
inserted --
5 "
(aa) to audit the operation of the Act;
";
(b) before paragraph (c) the following paragraph is
inserted --
10 "
(cc) to audit any operation carried out pursuant to
the powers conferred or made available by this
Act;
";
15 (c) in paragraph (e) by inserting before "Parliament" --
" either House of ";
(d) in paragraph (e) by deleting "Standing Committees" and
inserting instead --
" the Standing Committee ".
20 (2) Section 40(2)(d) is amended by inserting before
"Parliament" --
" either House of ".
28. Sections 196 to 198 and Part 13 Division 3 inserted
After section 40 the following sections and Division 3 are
25 inserted --
"
196. Powers
(1) In this section --
"officers" means --
30 (a) officers of the Commission; or
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(b) officers of the Parliamentary Inspector.
(2) The Parliamentary Inspector has power to do all things
necessary or convenient for the performance of the
Parliamentary Inspector's functions.
5 (3) Without limiting subsection (2), the Parliamentary
Inspector --
(a) may investigate any aspect of the
Commission's operations or any conduct of
officers;
10 (b) is entitled to full access to the records of the
Commission and to take or have copies made of
any of them;
(c) may require officers to supply information or
produce documents or other things about any
15 matter, or any class or kind of matters, relating
to the Commission's operations or the conduct
of officers;
(d) may require officers to attend before the
Parliamentary Inspector to answer questions or
20 produce documents or other things relating to
the Commission's operations or the conduct of
officers;
(e) may consult, cooperate and exchange
information with independent agencies,
25 appropriate authorities and --
(i) the Commissioner of the Australian
Federal Police;
(ii) the Commissioner of a Police Force of
another State or Territory;
30 (iii) the CEO of the Australian Crime
Commission established by the
Australian Crime Commission Act 2002
of the Commonwealth;
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(iv) the Commissioner of Taxation holding
office under the Taxation
Administration Act 1953 of the
Commonwealth;
5 (v) the Director-General of Security holding
office under the Australian Security
Intelligence Organisation Act 1979 of
the Commonwealth;
(vi) the Director of the Australian
10 Transaction Reports and Analysis Centre
under the Financial Transaction Reports
Act 1988 of the Commonwealth;
(vii) any person, or authority or body of this
State, the Commonwealth, another State
15 or a Territory that is declared by the
Minister to be a person, authority or
body to which this paragraph applies;
(f) may refer matters relating to the Commission or
officers to other agencies for consideration or
20 action; and
(g) may recommend that consideration be given to
disciplinary action against, or criminal
prosecution of, officers.
(4) The Commission is to notify the Parliamentary
25 Inspector whenever it receives an allegation that
concerns, or may concern, an officer of the
Commission and at any time the Parliamentary
Inspector may review the Commission's acts and
proceedings with respect to its consideration of such an
30 allegation.
(5) Upon a review under subsection (4), the Parliamentary
Inspector may notify the Commission that the matter is
to be removed to the Parliamentary Inspector for
consideration and determination.
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(6) On receipt of a notice under subsection (5), the
Commission is to comply with its terms.
(7) Upon a removal under subsection (5), the
Parliamentary Inspector may --
5 (a) annul the Commission's determination and
substitute another; or
(b) make any decision the Parliamentary Inspector
might otherwise have made had the
Parliamentary Inspector exercized an original
10 jurisdiction; or
(c) make any ancillary order, whether final or
provisional, that is remedial or compensatory.
(8) Where the Parliamentary Inspector proposes to act
under subsection (7)(a), the Commission must be given
15 a reasonable opportunity to show cause why its
determination should not be annulled.
(9) The Parliamentary Inspector must not undertake a
review of a matter that arises from, or can be dealt with
under, a jurisdiction created by, or that is subject to, the
20 Industrial Relations Act 1979.
197. Inquiries
(1) For the purpose of the Parliamentary Inspector's
functions, the Parliamentary Inspector may make or
hold an inquiry.
25 (2) For the purposes of an inquiry under this section --
(a) the Parliamentary Inspector has the powers,
protections and immunities of a Royal
Commission and the Chairman of a Royal
Commission under the Royal Commissions
30 Act 1968; and
(b) the Royal Commissions Act 1968 applies to any
person summoned by or appearing before the
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Parliamentary Inspector in the same way as it
applies to a person summoned by or appearing
before a Commissioner under that Act.
(3) Sections 7, 9 to 17, 18(2) to (11), 19(1), 19A to 22,
5 31(3), 32 and 33 of the Royal Commissions Act 1968
have effect as if they were enacted in this Act with
such modifications as are required and in terms made
applicable to an inquiry under this section.
(4) An inquiry held by the Parliamentary Inspector must
10 not be open to the public.
(5) Despite subsections (2) and (3), a public authority or
public officer who is required under this section to
answer questions, give evidence, produce records,
things or information or make facilities available is not
15 entitled to claim legal professional privilege as a reason
for not complying with that requirement.
198. Parliamentary Inspector not to interfere with
Commission's operations
The Parliamentary Inspector is not to interfere with,
20 obstruct, hinder or delay any lawful operation of the
Commission.
Division 3 -- Reporting
199. Report to Parliament
(1) The Parliamentary Inspector may at any time prepare a
25 report as to any of the following matters --
(a) any matters affecting the Commission,
including the operational effectiveness and
requirements of the Commission;
(b) any administrative or general policy matter
30 relating to the functions of the Parliamentary
Inspector.
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(2) The Parliamentary Inspector may cause a report
prepared under this section to be laid before each
House of Parliament or dealt with under section 206.
200. Contents of report
5 Before reporting any matters adverse to a person or
body in a report under section 199, the Parliamentary
Inspector must give the person or body a reasonable
opportunity to make representations to the
Parliamentary Inspector concerning those matters.
10 201. Report to a Standing Committee
A report of the kind mentioned in section 199 may be
made by the Parliamentary Inspector to the Standing
Committee instead of being laid before each House of
Parliament or dealt with under section 206 if, for any
15 reason, the Parliamentary Inspector considers it
appropriate to do so.
202. Disclosure of matters in report
(1) If a report under section 199 is laid before either House
of Parliament, a matter included in that report may be
20 disclosed despite sections 151 and 207.
(2) If, following the making by the Parliamentary
Inspector of a report under section 199 to the Standing
Committee, the Standing Committee approves the
disclosure of a matter included in the report, that matter
25 may be disclosed despite sections 151 and 207.
203. Annual report to Parliament
(1) The Parliamentary Inspector is to prepare, within
3 months after 30 June of each year, a report as to his
or her general activities during that year.
30 (2) The Parliamentary Inspector is to cause a copy of a
report prepared under this section to be laid before each
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House of Parliament, or dealt with under section 206,
within 21 days of the preparation of the report.
(3) This section does not limit Part II Division 14 of the
Financial Administration and Audit Act 1985 and the
5 report required under this section may be prepared and
dealt with in conjunction with the report required under
that Division.
204. Periodical report to Parliament
(1) Rules of Parliament may require the Parliamentary
10 Inspector to report to each House of Parliament or the
Standing Committee, as and when prescribed in the
Rules, as to the general activities of the Parliamentary
Inspector.
(2) The Rules of Parliament referred to in this section are
15 rules that have been agreed upon by each House of
Parliament in accordance with the Rules and Orders of
those Houses.
(3) Rules of Parliament made under this section must be
published in the Gazette.
20 (4) Section 42 of the Interpretation Act 1984 does not
apply to Rules of Parliament made under this section.
205. Reports not to include certain information
Without limiting section 208, a report by the
Parliamentary Inspector under this Division must not
25 include --
(a) information that may reveal the identity of a
person who has been, is, or is reasonably likely
to be investigated by the Commission or has
been, is, or is likely to be a witness at an
30 examination or a person who makes an
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s. 28
allegation to or provides information to, the
Commission;
(b) information that may indicate that a particular
investigation has been, is, or is reasonably
5 likely to be, undertaken by the Commission;
(c) information that may reveal the identity of a
person who has been, is, or is reasonably likely
to be investigated by the Police Force or has
been, is, or is reasonably likely to be a person
10 who makes an allegation to, or an informant of,
the Police Force; or
(d) information that may indicate that a particular
investigation has been, is, or is reasonably
likely to be, undertaken by the Police Force.
15 206. Laying documents before House of Parliament that
is not sitting
(1) If a copy of a report of the kind mentioned in
section 199 may be laid before each House of
Parliament and a House of Parliament is not sitting, the
20 Parliamentary Inspector may transmit a copy of the
report to the Clerk of that House.
(2) If section 203 requires the Parliamentary Inspector to
cause a copy of a report to be laid before each House of
Parliament, or dealt with under this section, within a
25 period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
(b) the Parliamentary Inspector is of the opinion
that the House will not sit during that period,
30 the Parliamentary Inspector is to transmit a copy of the
report to the Clerk of that House.
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(3) A copy of a report transmitted to the Clerk of a House
is to be regarded as having been laid before that House.
(4) The laying of a copy of the text of a document that is
regarded as having occurred under subsection (3) is to
5 be recorded in the Minutes, or Votes and Proceedings,
of the House on the first sitting day of the House after
the Clerk received the copy.
".
29. Part 13A inserted
10 After section 50 insert the following new Part --
"
Part 13A -- Standing Committee
216A. Standing committee of Houses of Parliament
(1) The Houses of Parliament are to establish a joint
15 standing committee comprising an equal number of
members appointed by each House.
(2) The functions and powers of the standing committee
are determined by agreement between the Houses and
are not justiciable.
20 (3) The committee established under the name of the Joint
Standing Committee on the Anti-Corruption
Commission shall --
(a) carry on the functions conferred on the standing
committee under this Act; and
25 (b) have the same powers with respect to the
Commission and the Parliamentary Inspector as
it has with respect to the Anti-Corruption
Commission,
until such time as the Houses appoint the Standing
30 Committee.
".
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Amendments to Corruption and Crime Commission Act 2003 Part 2
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30. Section 51 amended
After section 51(2) the following subsection is inserted --
"
(3) In contempt proceedings under Part 10, a certificate of
5 the Commission stating any fact relevant to those
proceedings is sufficient evidence of the fact stated.
".
31. Section 57 amended
Section 57 is amended by deleting "53 to 56" and inserting
10 instead --
" 147 and 219 to 222 ".
32. Schedule 1 amended
Schedule 1 is amended as follows --
(a) clause 1 is repealed and the following clause is inserted
15 instead --
"
1. Tenure of office
Subject to this Act, the Commissioner holds office for
a period of 5 years and is eligible for reappointment
20 once.
".
(b) clauses 4(4) and 4(5) are repealed.
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s. 33
33. Schedule 1 inserted
After section 62 the following Schedule is inserted --
"
Schedule 1 -- Offences that may be relevant
5 for Part 4
[s. 3, 5]
1. An offence under any of the following enactments --
The Criminal Code
s. 143
10 s. 145
s. 147
s. 278
s. 279
s. 283 (except if the circumstances of the attempted or intended killing
15 are such that, if it were carried out, the crime committed would
be infanticide)
s. 292
s. 293
s. 294
20 s. 296
s. 296A
s. 298
s. 332
s. 393 (except in circumstances in which the maximum penalty that can
25 be imposed is imprisonment for 14 years)
s. 398 (in circumstances in which the maximum penalty that can be
imposed is imprisonment for 20 years)
s. 451A(1)
s. 454
30 s. 557
s. 563A
Criminal Property Confiscation Act 2000
s. 50(1)
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s. 34
2. An offence against regulations made under s. 6(1) of the Firearms
Act 1973 that --
(a) is committed in respect of 2 or more firearms; or
(b) is committed in respect of a firearm and in association with
5 the commission, by the same or any other person, of an
offence against s. 65(4aa) of the Police Act 1892.
3. An offence referred to in s. 32A(1)(b) of the Misuse of Drugs Act 1981.
".
34. Schedule 2 amended
10 Schedule 2, clause 1 is deleted and the following clause is
inserted instead --
"
1. Tenure of office
Subject to this Act, the Parliamentary Inspector holds
15 office for a period of 5 years and is eligible for
reappointment once.
".
35. Renumbering of provisions of Corruption and Crime
Commission Act 2003
20 (1) The sections of the Corruption and Crime Commission Act 2003
set out in column 1 of the Table to this section are renumbered
as set out opposite those sections in column 2 of the Table.
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Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 35
Table
Column 1 Column 2
Section number in Renumbered section number in
Corruption and Crime Corruption and Crime Commission Act
Commission Act 2003 2003 as amended by this Act
4 6
5 7
6 8
7 9
8 10
9 11
10 12
11 13
12 14
13 15
14 16
15 17
16 19
17 20
18 151
19 152
20 153
21 154
22 155
23 156
24 178
25 179
26 180
27 181
28 182
29 183
30 184
31 186
32 187
33 188
34 189
35 190
36 191
37 192
38 193
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s. 35
39 194
40 195
41 207
42 208
43 209
44 210
45 211
46 212
47 213
48 214
49 215
50 216
51 217
52 218
53 219
54 220
55 221
56 222
57 223
58 224
59 225
60 226
61 227
(2) Part 3 is renumbered as Part 9.
(3) Part 4 is renumbered as Part 12.
(4) Part 5 is renumbered as Part 13.
(5) Division 3 of Part 5 is renumbered as Division 4.
5 (6) Division 4 of Part 5 is renumbered as Division 5.
(7) Division 5 of Part 5 is renumbered as Division 6.
(8) Part 6 is renumbered as Part 14.
(9) Part 7 is renumbered as Part 15.
(10) Schedule 1 is renumbered as Schedule 2.
10 (11) Schedule 2 is renumbered as Schedule 3.
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Part 2 Amendments to Corruption and Crime Commission Act 2003
s. 35
(12) Schedule 3 is renumbered as Schedule 4.
(13) The provisions of the Corruption and Crime Commission Act
2003 are amended as set out in the Table to this section.
Table
section 3 definition of delete "12(1)(a)" and insert instead
"Commissioner" "14(1)(a)"
section 3 definition of "officer delete "25" and insert instead "179"
of the Commission" delete "27" and insert instead "181"
delete "28" and insert instead "182"
section 3 definition of "officer delete "44" and insert instead "210"
of the Parliamentary delete "46" and insert instead "212"
Inspector" delete "47" and insert instead "213"
section 3 definition of delete "38(1)(a)" and insert instead
"Parliamentary Inspector" "193(1)(a)"
section 9 delete "1" and insert instead "2"
section 12 delete "11" and insert instead "13"
section 18(5) delete "19" in both places where it
occurs and insert instead "152"
delete "42" in both places where it
occurs and insert instead "208"
section 18(6) delete "20 or 43" in the 3 places where
it occurs and insert instead "153 or
209"
section 20(2) delete "19(4)" and insert instead
"152(4)"
section 21 delete "18(7), 19(2) and 20(3)" and
insert instead "151(7), 152(2) and
153(3)"
section 26(1) and (3) delete "25" in the 3 places where it
occurs and insert instead "179"
section 31(3)(b) delete "27" and insert instead "181"
section 32 delete "31" and insert instead "186"
section 36 delete "2" and insert instead "3"
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Amendments to Corruption and Crime Commission Act 2003 Part 2
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section 38(1)(c) delete "40(3)" and insert instead
"195(3)"
section 41 delete "18" and insert instead "151"
section 43(2) delete "42(4)" and insert instead
"208(4)"
section 45(1) and (3) delete "44" in the 3 places where it
occurs and insert instead "210"
section 49(3)(b) delete "46" and insert instead "212"
section 50 delete "49" and insert instead "215"
section 62 delete "3" and insert instead "4"
Schedule 1 delete "[s. 9]" and insert instead
"[s. 11]"
Schedule 1 clause 7(e) delete "10" and insert instead "12"
Schedule 2 delete "[s. 36]" and insert instead
"[s. 191]"
Schedule 2 clause 7(d) delete "37" and insert instead "192"
Schedule 3 delete "[s. 62]" and insert instead
"[s. 228]"
Schedule 3 clause 8(5) delete "18, 19 or 20" and insert instead
"151, 152 or 153"
Schedule 3 clause 8(7)(c) and delete "19 or 20" in both places where
(8)(b) it occurs and insert instead "152 or
153"
Schedule 3 clause 10(2) delete "25" and insert instead "179"
delete "27" and insert instead "181"
delete "28" and insert instead "182"
delete "44" and insert instead "210"
delete "46" and insert instead "212"
delete "47" and insert instead "213"
(14) In the first reprint of the Corruption and Crime Commission
Act 2003 (the "principal Act") as amended by this Act
provisions of the principal Act as reprinted may be renumbered
or redesignated in arithmetical or alphabetical order and, if that
5 occurs, relevant cross-references in the principal Act as
reprinted are to be adjusted.
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Part 3 Repeals, transitional and savings provisions, and
consequential amendments
Division 1 General
s. 36
Part 3 -- Repeals, transitional and savings provisions,
and consequential amendments
Division 1 -- General
36. Application of Interpretation Act 1984
5 (1) The provisions of the Interpretation Act 1984 about the repeal
of written laws and the substitution of other written laws for
those so repealed (for example, section 16(1), 36 and 38) apply
to the repeals effected by sections 39 and 54 as if the
Corruption and Crime Commission Act 2003 effected those
10 repeals.
(2) The provisions of Division 2 and Division 3 Subdivision 2 are
additional to the provisions applied to the provisions applied by
subsection (1).
37. Meaning of terms used in this Part
15 In this Part --
"CCC" means the Corruption and Crime Commission
established under the Corruption and Crime Commission
Act 2003.
Division 2 -- Criminal Investigation (Exceptional Powers) and
20 Fortification Removal Act 2002
38. Meaning of terms used in this Division
In this Division --
"commencement" means the day on which section 39 comes
into operation;
25 "repealed Act" means the Criminal Investigation (Exceptional
Powers) and Fortification Removal Act 2002.
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Repeals, transitional and savings provisions, and Part 3
consequential amendments
General Division 2
s. 39
39. Criminal Investigation (Exceptional Powers) and Fortification
Removal Act 2002 repealed
The Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 is repealed.
5 40. Things done under repealed Act
On and after the commencement --
(a) any application made under the repealed Act to a special
commissioner but not finally dealt with by the special
commissioner is transferred to the CCC;
10 (b) anything ordered, decided, or otherwise done by a
special commissioner under the repealed Act becomes
of the same effect as if, and enforceable as if, it were
ordered, decided, or done by the CCC under the
provisions of the Corruption and Crime Commission Act
15 2003 authorising the CCC to order, decide, or do
corresponding things; and
(c) anything decided or otherwise done by the Police
Commissioner under the repealed Act becomes of the
same effect as if, and enforceable as if, it were decided
20 or done by the Police Commissioner under the
provisions of the Corruption and Crime Commission Act
2003 authorising the Police Commissioner to decide or
do corresponding things.
41. Offences
25 (1) Proceedings for an offence against the repealed Act may be
continued, or started, despite the Act having been repealed and
section 11 of The Criminal Code and for the purposes of section
10 of the Sentencing Act 1995, the statutory penalty for the
offence immediately before the commencement continues to
30 have effect.
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Part 3 Repeals, transitional and savings provisions, and
consequential amendments
Division 2 General
s. 42
(2) Sections 32, 33, 39 and 40 of the repealed Act continue to have
effect, with any necessary modifications, as if they had not been
repealed.
42. Transfer of records
5 (1) On the commencement all records in the possession of a special
commissioner under the repealed Act are to be transferred to the
CCC, become the records of the CCC and may be dealt with
accordingly.
(2) In this section --
10 "records" includes --
(a) evidence in any form; and
(b) information and other things.
43. Continuing protection of witnesses
(1) An arrangement in force under section 27 of the repealed Act
15 immediately before the repeal of that Act under section 39
continues in force despite that repeal.
(2) After the commencement of this section --
(a) section 156 of the Corruption and Crime Commission
Act 2003 applies to an arrangement made under
20 section 27 of the repealed Act and the CCC may vary or
revoke the arrangement; and
(b) the CCC may make an arrangement in respect of a
person under section 156 of the Corruption and Crime
Commission Act 2003 that could have been made under
25 section 27 of the repealed Act, irrespective of whether
an arrangement was in force in respect of the person
under the repealed Act.
page 146
Corruption and Crime Commission Amendment and Repeal Bill 2003
Repeals, transitional and savings provisions, and Part 3
consequential amendments
Anti-Corruption Commission Act 1988 Division 3
s. 44
Division 3 -- Anti-Corruption Commission Act 1988
Subdivision 1 -- Amendments to the Anti-Corruption
Commission Act 1988
44. The Act amended
5 The amendments in this Subdivision are to the Anti-Corruption
Commission Act 1988*.
[* Reprinted as at 6 July 2001.]
45. Long title replaced
The long title is repealed and the following long title is inserted
10 instead --
"
An Act to provide for the way in which allegations received or
initiated by the Anti-Corruption Commission before the
coming into operation of section 48 of the Corruption and
15 Crime Commission Amendment Act and Repeal 2003 are to be
inquired into, investigated or otherwise dealt with; and for
related purposes.
".
46. Section 3 amended
20 (1) Section 3(1) is amended as follows:
(a) by deleting the definition of "allegation" and inserting
instead --
"
"allegation" means an allegation received or initiated
25 by the Commission under this Act before the
coming into operation of section 48 of the
Corruption and Crime Commission Amendment
and Repeal Act 2003;
";
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Part 3 Repeals, transitional and savings provisions, and
consequential amendments
Division 3 Anti-Corruption Commission Act 1988
s. 47
(b) by deleting the definitions of "corrupt conduct",
"criminal conduct" and "criminal involvement".
(2) After section 3(2) the following subsection is inserted --
"
5 (3) For the purposes of this Act "corrupt conduct",
"criminal conduct" and "criminal involvement" have
the same meaning as they had before the coming into
operation of section 46 of the Corruption and Crime
Commission Amendment and Repeal Act 2003 as if
10 section 13 of this Act were not repealed.
".
47. Section 5A inserted
After section 5 the following section is inserted --
"
15 5A. Constitution of Commission after 31 December
2003
(1) Despite section 5, after 31 December 2003 the
Commission shall consist of the 3 members appointed
under section 5(3) who held office immediately before
20 that date.
(2) If the office of a member of the Commission referred
to in subsection (1) becomes vacant under section
5(11) --
(a) section 5(5), (6) and (7) shall not apply; and
25 (b) the Governor may appoint a person who is
eligible for appointment, and who is nominated
by the Solicitor General, to that office.
".
48. Section 12 amended
30 (1) Section 12(1)(a) is deleted.
(2) Section 12(2) is repealed.
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Corruption and Crime Commission Amendment and Repeal Bill 2003
Repeals, transitional and savings provisions, and Part 3
consequential amendments
Anti-Corruption Commission Act 1988 Division 3
s. 49
49. Part II Division 3 repealed
Part II Division 3 is repealed.
50. Section 17 amended
Section 17(2)(b) is amended by deleting ", in the case of an
5 allegation under section 13(1)(a), (b) or (c),".
51. Section 19 amended
Section 19 is amended by deleting "under section 13(1)(a), (b)
or (c)".
52. Section 48A inserted
10 Before section 49 the following section is inserted in Part V --
"
48A. Referral of allegations to the Corruption and Crime
Commission
(1) In this section --
15 "CCC" has the meaning given to "Commission" by
section 3 of the Corruption and Crime
Commission Act 2003;
"record" includes --
(a) anything that is a document as defined in
20 section 79B of the Evidence Act 1906;
(b) evidence in any form; and
(c) information and other things.
(2) The Commission may at any time refer an allegation to
the CCC.
25 (3) The CCC may by notice in writing direct the
Commission to refer an allegation to the CCC.
(4) When an allegation is referred to the CCC under
subsection (2) or (3), the allegation is to be treated by
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Corruption and Crime Commission Amendment and Repeal Bill 2003
Part 3 Repeals, transitional and savings provisions, and
consequential amendments
Division 3 Anti-Corruption Commission Act 1988
s. 52
the CCC as if it were an allegation made under the
Corruption and Crime Commission Act 2003 and that
Act applies to and in relation to that reference
accordingly.
5 (5) The Commission must not take any further action in
relation to an allegation that is referred to the CCC
under subsection (2) or (3) except by arrangement with
the CCC.
(6) When the CCC receives an allegation referred under
10 subsection (2) or (3) --
(a) any record of the Commission for the purposes
of or in relation to the allegation is to be
transferred to the CCC, becomes a record of the
CCC and may be dealt with accordingly;
15 (b) any notice or request issued under this Act in
relation to the allegation is taken to be a notice
or request validly issued under the Corruption
and Crime Commission Act 2003 and continues
in force with necessary changes;
20 (c) anything done under this Act in relation to the
allegation may be continued by the CCC so far
as the doing of that thing is within the functions
of the CCC; and
(d) any warrant issued under section 13, 14 or 17
25 of the Surveillance Devices Act 1998, and any
emergency authorisation issued under
section 21 of that Act, in relation to the
investigation of that allegation continues in
force, subject to any condition or limitation on
30 its issue and with necessary changes, as if it
were issued to an officer of the CCC.
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Corruption and Crime Commission Amendment and Repeal Bill 2003
Repeals, transitional and savings provisions, and Part 3
consequential amendments
Anti-Corruption Commission Act 1988 Division 3
s. 53
(7) The CCC --
(a) is entitled to full access to the records of the
Anti-Corruption Commission and to take or
have copies made of any of them; and
5 (b) may by notice in writing direct the Commission
or an officer of the Commission to disclose
information or produce records or other things
about any allegation or other matter, or any
class or kind of allegation or other matter,
10 relating to the Commission's functions to the
CCC.
(8) The Commission and any officer of the Commission
must comply with a direction given to it, him or her
under subsection (3) or (7)(b).
15 ".
Subdivision 2 -- Repeal of the Anti-Corruption Commission Act 1988
and transitional and savings provisions
53. Meaning of terms used in this Division
In this Division --
20 "commencement" means the day on which section 46 comes
into operation;
"A-CC Act" means the Anti-Corruption Commission Act 1988.
54. Anti-Corruption Commission Act 1988 repealed
The Anti-Corruption Commission Act 1988 is repealed.
25 55. References to repealed Act and former titles
In any written law or document, a reference to the A-CC Act
may, if the context permits, be taken as a reference to the
Corruption and Crime Commission Act 2003.
page 151
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Part 3 Repeals, transitional and savings provisions, and
consequential amendments
Division 3 Anti-Corruption Commission Act 1988
s. 56
56. Transfer of assets and liabilities to Commission
On and after the commencement --
(a) the assets and rights of the A-CC vest in the CCC by
force of this section;
5 (b) the liabilities of the A-CC become, by force of this
section, the liabilities of the CCC;
(c) any agreement or instrument relating to the assets, rights
and liabilities referred to in paragraphs (a), and (b) has
effect, by force of this section, as if the CCC were
10 substituted for the A-CC in the agreement or instrument;
(d) the CCC is a party to any proceedings by or against the
A-CC commenced before the commencement;
(e) any proceeding or remedy that might have been
commenced by or available against or to the A-CC in
15 relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) may be commenced by or is
available, by or against or to the CCC; and
(f) any act, matter or thing done or omitted to be done in
relation to the assets, rights and liabilities referred to in
20 paragraphs (a) and (b) before the commencement by, to
or in respect of the A-CC (to the extent that that act,
matter or thing has any force or effect) is to be taken to
have been done or omitted by, to or in respect of the
CCC.
25 57. Notices and requests
A notice or request issued under the A-CC Act and in force
immediately before the commencement is taken to be a notice
or request validly issued under the Corruption and Crime
Commission Act 2003 and continues in force, with necessary
30 changes.
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Anti-Corruption Commission Act 1988 Division 3
s. 58
58. Proceedings
A proceeding that could have been started or continued by, or
against the A-CC may be started or continued by, or against the
CCC.
5 59. Continuation of allegations
(1) This section applies if an allegation made to the A-CC under the
A-CC Act before the commencement has not been finally dealt
with under that Act on the commencement.
(2) The allegation must be dealt with as if it had been made under
10 the Corruption and Crime Commission Act 2003.
(3) If the allegation was made by a person under section 13(1)(a),
(b) or (c) of the A-CC Act, section 35 of the Corruption and
Crime Commission Act 2003 applies as if the allegation were
made under section 25 or 28(2), as the case requires, of that Act.
15 60. Offences
(1) Proceedings for an offence against the A-CC Act may be
continued, or started, despite the A-CC Act having been
repealed and section 11 of The Criminal Code and for the
purposes of section 10 of the Sentencing Act 1995, the statutory
20 penalty for the offence immediately before the commencement
continues to have effect.
(2) Despite section 54, sections 52 to 54 of the A-CC Act continue
to have effect, with any necessary modifications, as if they had
not been repealed.
25 61. Completion of things done
Anything commenced to be done by the A-CC under the A-CC
Act before the commencement may be continued by the CCC so
far as the doing of that thing is within the functions of the CCC
after the commencement.
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Division 3 Anti-Corruption Commission Act 1988
s. 62
62. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement by, to or in respect of the A-CC, to the extent
that that act, matter or thing has any force is to be taken to have
5 been done or omitted by, to or in respect of the CCC so far as
the act, matter or thing is relevant to the CCC.
63. Warrants and emergency authorisations continued in force
(1) Any warrant issued under section 13, 14 or 17 of the
Surveillance Devices Act 1998 to an Anti-Corruption
10 Commission officer and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
issued to an officer of the CCC.
(2) Any emergency authorisation issued under section 21 of the
15 Surveillance Devices Act 1998 to an Anti-Corruption
Commission officer and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
issued to an officer of the CCC.
20 64. Transfer of records
(1) On the commencement all records in the possession of the
A-CC immediately before the commencement are to be
transferred to the possession of the CCC, become the records of
the CCC and may be dealt with accordingly.
25 (2) In this section --
"records" includes --
(a) evidence in any form;
(b) information and other things.
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Anti-Corruption Commission Act 1988 Division 3
s. 65
65. A-CC officers
(1) In this section --
"A-CC officer" means a person who, immediately before
becoming an officer of the Commission within the meaning
5 of the Corruption and Crime Commission Act 2003, was an
officer of the Commission as that term is defined in the
A-CC Act;
"officer of the Commission" has the meaning given to that
term by the Corruption and Crime Commission Act 2003;
10 "officer of the Parliamentary Inspector" has the meaning
given to that term by the Corruption and Crime
Commission Act 2003.
(2) If, on or before the commencement, an A-CC officer becomes
an officer of the Commission or an officer of the Parliamentary
15 Inspector, that person is entitled to retain all his or her existing
and accruing rights as an A-CC officer, including any rights
under the Superannuation and Family Benefits Act 1938 and
any rights that had been retained under section 6(4) of the A-CC
Act, as if his or her service as an officer of the Commission or
20 an officer of the Parliamentary Inspector were a continuation of
his or her service as an A-CC officer.
(3) Despite the repeal of the A-CC Act under section 54,
section 6(6), (7), (8) and (9) of the A-CC Act continue to apply
to and in relation to a person --
25 (a) who was, immediately before the commencement, an
officer of the Commission as that term is defined in the
A-CC Act;
(b) who is a former public employee as that term is defined
in section 6(5) of the A-CC Act; and
30 (c) who --
(i) on the commencement is not employed or
engaged as an officer of the Commission or an
officer of the Parliamentary Inspector; or
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Division 3 Anti-Corruption Commission Act 1988
s. 66
(ii) having become an officer of the Commission or
an officer of the Parliamentary Inspector,
subsequently ceases to be such an officer
otherwise than in circumstances described in
5 section 6(7) of the A-CC Act.
(4) Nothing in this Act precludes the CCC from exercising its
discretion to employ or engage as an officer of the Commission
a person who before the commencement was --
(a) an officer of the Commission;
10 (b) a seconded officer;
(c) a service provider; or
(d) a special investigator,
as those terms are defined in the A-CC Act.
66. Financial reporting
15 (1) In this section --
"FAA Act" means the Financial Administration and Audit
Act 1985;
"final period" means the period starting at the beginning of
1 July last preceding the commencement;
20 "reporting officer" means the person appointed under
section 65A(2) of the FAA Act as applied by
subsection (2).
(2) Section 65A of the FAA Act applies in relation to the
preparation and submission of a final report in respect of the
25 A-CC as if --
(a) references in that section to a department were
references to the A-CC; and
(b) references in that section to provisions of sections 62 to
65 of the FAA Act were references to the equivalent
30 provisions of sections 66 to 70 of the FAA Act,
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Royal Commission (Police) Act 2002 Division 4
s. 67
except that the period to which the final report is to relate is the
final period and the references in sections 66(1), 68 and 70(1) to
the end of the financial year are to be read as references to the
end of the final period.
5 (3) If at the commencement, any duty imposed by Part II
Division 14 of the FAA Act on the accountable authority of the
A-CC has not been complied with in relation to the A-CC for
any financial year that expired before the commencement, that
duty subsists and is to be performed by the reporting officer as
10 if the reporting officer were the accountable authority.
(4) The time within which the reporting officer is to perform a duty
referred to in subsection (3) is extended until the end of the day
that is 2 months after the day on which the reporting officer is
appointed, but this subsection does not prevent the time from
15 being extended again under section 70 of the FAA Act.
(5) The CCC is to give the reporting officer access to the records
referred to in section 64 for the purposes of this section.
Division 4 -- Royal Commission (Police) Act 2002
67. Powers of CCC regarding matters related to Police Royal
20 Commission
(1) The CCC may perform any of its functions under the
Corruption and Crime Commission Act 2003 in relation to
anything done by, to or in relation to the Police Royal
Commission.
25 (2) Without limiting subsection (1) or any other power of the CCC,
the CCC may continue any investigation or other matter
commenced but not completed by the Police Royal
Commission, and may for this purpose adopt any evidence
taken or assessments made by the Police Royal Commission.
30 (3) Accordingly, the Corruption and Crime Commission Act 2003
has effect, for the purposes of this section, with any necessary
adaptations and with such modifications as may be prescribed
by the regulations.
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Division 4 Royal Commission (Police) Act 2002
s. 68
68. Warrants and emergency authorisations continued in force
(1) In this section --
"commencement" means the commencement of this Division.
(2) Any warrant issued under section 13, 14 or 17 of the
5 Surveillance Devices Act 1998 to an officer of the Police Royal
Commission and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
issued to an officer of the CCC.
10 (3) Any emergency authorisation issued under section 21 of the
Surveillance Devices Act 1998 to an officer of the Police Royal
Commission and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
15 issued to an officer of the CCC.
69. Assumed identity approvals continue in force
Any assumed identity approval granted under section 22 of the
Royal Commission (Police) Act 2002 and applying to an officer
of the Police Royal Commission immediately before the end of
20 the Police Royal Commission continues in force as if it were
granted to an officer of the CCC under Part 6 Division 3 of the
Corruption and Crime Commission Act 2003 and that Division
applies to and in relation to the approval as if the officer to
whom it applies were an officer of the CCC.
25 70. Records
(1) In this section --
"records" includes --
(a) evidence in any form; and
(b) information and other things.
30 (2) At the end of the Police Royal Commission (as determined
under section 3(2) of the Royal Commission (Police) Act 2002)
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Parliamentary Commissioner Act 1971 Division 5
s. 71
all records in the possession of the Police Royal Commission
not transferred to the CCC under section 19(4) of the
Corruption and Crime Commission Act 2003 --
(a) are to be transferred to the CCC; and
5 (b) become records of the CCC and may be dealt with
accordingly.
71. Royal Commission (Police) Act 2002 amended
(1) The amendments in this section are to the Royal Commission
(Police) Act 2002*.
10 [* Act No. 10 of 2002.]
(2) Section 3(2) is repealed and the following subsection is inserted
instead --
"
(2) For the purposes of this Act the Commission is taken to
15 have ended on a day fixed by order of the Governor
published in the Gazette.
".
Division 5 -- Parliamentary Commissioner Act 1971
72. Parliamentary Commissioner Act 1971 amended
20 (1) The Parliamentary Commissioner Act 1971 is amended as set
out in Schedule 1 Division 1.
(2) The Parliamentary Commissioner Act 1971 is amended as set
out in Schedule 2 Division 1.
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Division 6 Consequential amendments to other Acts
s. 73
73. Parliamentary Commissioner must refer certain
investigations to CCC
(1) In this section --
"records" includes --
5 (a) evidence in any form; and
(b) information and other things.
(2) On the commencement of this Division the Parliamentary
Commissioner must --
(a) cease any investigation referred to in section 14(1a) of
10 the Parliamentary Commissioner Act 1971;
(b) refer the investigation to the CCC; and
(c) transfer to the CCC any records in the possession of the
Parliamentary Commissioner immediately before the
commencement of this Division that relate to an
15 investigation referred to in section 14(1a) of the
Parliamentary Commissioner Act 1971.
(3) Records transferred under subsection (1) become the records of
the CCC and may be dealt with accordingly.
Division 6 -- Consequential amendments to other Acts
20 74. Other Acts amended
(1) Schedule 1 Division 2 has effect.
(2) Schedule 2 Division 2 has effect.
Division 7 -- General
75. Further transitional provisions may be made
25 (1) In this section --
"commencement day" means the day on which this section
comes into operation;
"specified" means specified or described in the regulations;
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General Division 7
s. 75
"transitional matter" means a matter that needs to be dealt
with for the purpose of --
(a) effecting the transition from the provisions of an Act
repealed by this Act to the provisions of the
5 Corruption and Crime Commission Act 2003;
(b) effecting the transition from the provisions of an Act
amended by this Act as in force before this Act
comes into operation to the provisions of that Act as
in force after this Act comes into operation; or
10 (c) effecting the transition from the provisions of an Act
amended by the Corruption and Crime Commission
Act 2003 as in force before this Act comes into
operation to the provisions of that Act as in force
after the Corruption and Crime Commission Act 2003
15 comes into operation,
and includes a saving or application matter.
(2) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations under the Corruption and Crime
Commission Act 2003 may include any provision that is
20 required, or that is necessary or convenient, for dealing with the
transitional matter.
(3) Regulations made under subsection (2) may provide that
specified provisions of this Act or the Corruption and Crime
Commission Act 2003 or an Act amended by this Act --
25 (a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations made under subsection (2) provide that a specified
state of affairs is to be taken to have existed, or not to have
30 existed, on and from a day that is earlier than the day on which
the regulations are published in the Gazette but not earlier than
the commencement day, the regulations have effect according to
their terms.
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Division 7 General
s. 75
(5) Regulations referred to in subsection (2) cannot be made more
than 12 months after the commencement day.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as to --
5 (a) affect in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the day of publication of those
regulations; or
(b) impose liabilities on any person (other than the State or
10 an authority of the State) in respect of anything done or
omitted to be done before the day of publication of those
regulations.
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Amendments to other Acts as a consequence of enactment Schedule 1
and amendment of the Corruption and Crime Commission
Act 2003
Schedule 1 -- Amendments to other Acts as a consequence
of enactment and amendment of the Corruption and Crime
Commission Act 2003
[s. 72(1), 74(1)]
5 Division 1 -- Parliamentary Commissioner Act 1971 amended
1. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
[*Reprinted as at 16 March 2001.]
10 2. Long title amended
The long title is amended by deleting ", for the investigation of any
action taken by a member of the Police Force or Police Department".
3. Section 4 amended
Section 4 is amended by inserting in the appropriate alphabetical
15 positions the following definitions --
"
"Corruption and Crime Commission" has the
meaning given to "Commission" under the
Corruption and Crime Commission Act 2003;
20 "officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
Commission" under the Corruption and Crime
Commission Act 2003;
"officer of the Parliamentary Inspector of the
25 Corruption and Crime Commission" has the
meaning given to "officer of the Parliamentary
Inspector" under the Corruption and Crime
Commission Act 2003;
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
"Parliamentary Inspector of the Crime and
Corruption Commission" has the meaning given
to "Parliamentary Inspector" under the Corruption
and Crime Commission Act 2003;
5 ".
4. Section 14 amended
Section 14(1a), (1b) and (1c) are repealed.
5. Section 22A amended
Section 22A(1) is amended by inserting before "the Inspector" --
10 " the Corruption and Crime Commission, ".
6. Section 22B amended
Section 22B is amended as follows:
(a) by deleting "or" after paragraph (aa);
(b) in paragraph (b) by deleting "either" and inserting instead --
15 "
the Corruption and Crime Commission, the
Parliamentary Inspector,
";
(c) at the end of paragraph (b) by deleting the full stop and
20 inserting a semicolon instead;
(d) after paragraph (b) by inserting --
"
(c) is disclosed to --
(i) the Corruption and Crime Commission;
25 or
(ii) a person who is an officer of the
Corruption and Crime Commission
authorised for the purposes of this
subparagraph by the Corruption and
30 Crime Commission,
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Amendments to other Acts as a consequence of enactment Schedule 1
and amendment of the Corruption and Crime Commission
Act 2003
and concerns a matter that is relevant to the
functions of the Corruption and Crime
Commission; or
(d) is disclosed to a person who is --
5 (i) the Parliamentary Inspector of the
Corruption and Crime Commission; or
(ii) an officer of the Parliamentary Inspector
of the Corruption and Crime
Commission authorised for the purposes
10 of this subparagraph by the
Parliamentary Inspector,
and concerns a matter that is relevant to the
functions of the Parliamentary Inspector.
".
15 7. Schedule 1 amended
Schedule 1 is amended by inserting before the item relating to the
Director of Public Prosecutions the following items --
"
The Corruption and Crime Commission under the
20 Corruption and Crime Commission Act 2003.
The Parliamentary Inspector of the Corruption and Crime
Commission under the Corruption and Crime Commission
Act 2003.
".
25 Division 2 -- Amendments to other Acts
8. Surveillance Devices Act 1998 amended
(1) The amendments in this clause are to the Surveillance Devices
Act 1998*.
[* Act No. 56 of 1998.
30 For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 385.]
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
(2) Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions the
following definitions --
"
5 "Corruption and Crime Commission" has the
meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
"officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
10 Commission" in section 3 of the Corruption and
Crime Commission Act 2003;
";
(b) in the definition of "authorized person" by inserting after
paragraph (a) --
15 "
(aa) in the case of the Corruption and Crime
Commission, an officer of the Corruption
and Crime Commission authorized for that
purpose by the Commission; and
20 ";
(c) in the definition of "emergency authorization" by inserting
after "of the State," --
"
an officer of the Corruption and Crime
25 Commission,
";
(d) in the definition of "law enforcement officer" by inserting
after paragraph (a) --
"
30 (aa) an officer of the Corruption and Crime
Commission;
".
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Amendments to other Acts as a consequence of enactment Schedule 1
and amendment of the Corruption and Crime Commission
Act 2003
(3) Section 4B(2) is amended as follows:
(a) in paragraph (a) by deleting "Anti-Corruption Commission"
and inserting instead --
" Corruption and Crime Commission ";
5 (b) in paragraph (b) by deleting "an Anti-Corruption Commission
officer, other than in the definitions in section 3(1) of
"Anti-Corruption Commission Officer" " and inserting
instead --
"
10 an officer of the Corruption and Crime
Commission, other than in the definitions in
section 3(1) of "officer of the Corruption and
Crime Commission"
";
15 (c) in the Table by deleting " "Anti-Corruption Commission" "
and inserting instead --
" "Corruption and Crime Commission" ".
(4) Section 4B(8) is amended by deleting "chairman of the
Anti-Corruption Commission" and inserting instead --
20 " Corruption and Crime Commission ".
(5) Section 9(2)(a)(iii) is amended by inserting after "Police," --
" the Corruption and Crime Commission, ".
(6) Section 11 is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
25 (7) After section 15(1)(a) the following is inserted --
"
(aa) an officer of the Corruption and Crime
Commission; or
".
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
(8) After section 15(3)(a) the following paragraph is inserted --
"
(aa) in the case of an application by an officer of the
Corruption and Crime Commission, is required
5 to attach an authorisation of the Corruption and
Crime Commission for the action proposed;
".
(9) Section 15(3)(f)(i) is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
10 (10) Section 16(4) is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
(11) Section 17(2)(d)(ii) is amended by inserting after "State," --
" officer of the Corruption and Crime Commission, ".
(12) After section 18 the following section is inserted --
15 "
18A. Enhanced powers concerning surveillance devices
(1) In this section --
"section 5 offence" has the meaning given by section 5
of the Corruption and Crime Commission
20 Act 2003.
(2) This section has effect if --
(a) a police officer applies under section 15 or 16
for a warrant and the offence concerned is a
section 5 offence; or
25 (b) an officer of the Corruption and Crime
Commission applies under section 15 or 16 for
a warrant.
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(3) The effects of this section are that --
(a) instead of the court having to be satisfied that
there are reasonable grounds for believing
anything described in section 13(1)(a) or
5 17(1)(a), it is sufficient that the court be
satisfied that there are reasonable grounds for
suspecting it;
(b) in the case of an application referred to in
subsection (2)(a) the court to which the
10 application is made is to regard the fact that the
offence concerned is a section 5 offence as
justifying investigative powers in addition to
those that it might otherwise regard as being in
the public interest;
15 (c) in the case of an application referred to in
subsection (2)(b), the court to which the
application is made is to regard the fact that the
application is made by the Corruption and
Crime Commission or an officer of the
20 Corruption and Crime Commission as
justifying investigative powers in addition to
those that it might otherwise regard as being in
the public interest; and
(d) anything that the warrant may authorise to be
25 done if there is a reasonable belief as to any
matter may be authorised by the warrant to be
done also if there is a reasonable suspicion as to
the matter.
".
30 (13) Section 20 is amended as follows:
(a) by inserting after "State," --
"
an officer of the Corruption and Crime Commission,
";
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
(b) by inserting after "member of the police force," --
"
the officer of the Corruption and Crime Commission,
".
5 (14) After section 21(1)(c)(i) the following subparagraph is inserted --
"
(ia) an offence punishable by 2 or more
year's imprisonment has been or may
have been, is being or is about to be, or
10 is likely to be, committed;
".
(15) Section 23(3) is amended by inserting after "publication of any" --
"
matter contrary to section 151 of the Corruption and
15 Crime Commission Act 2003, or any
".
(16) After section 31(3)(b)(i) the following subparagraphs are inserted --
"
(ia) the Corruption and Crime Commission;
20 (ib) the Parliamentary Inspector of the
Corruption and Crime Commission;
".
(17) Section 33(3) is amended by inserting after "publication of any" --
"
25 matter contrary to section 151 of the Corruption and
Crime Commission Act 2003, or any
".
(18) Section 40(3) is amended by inserting after "State," --
" any officer of the Corruption and Crime Commission, ".
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Amendments to other Acts as a consequence of enactment Schedule 1
and amendment of the Corruption and Crime Commission
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(19) Section 41(1), (2) and (3) are amended by inserting after "Police," in
each case --
" the Corruption and Crime Commission, ".
(20) Section 41(1)(a) is amended by inserting after "State," --
5 " an officer of the Corruption and Crime Commission, ".
(21) Section 41(3) is amended by deleting "Anti-Corruption Commission"
and inserting instead --
" Corruption and Crime Commission ".
(22) After section 43(1) the following subsection is inserted --
10 "
(1a) The Corruption and Crime Commission must, as soon
as practicable after 30 June, but in any event not later
than 31 August, in each year, furnish to the Attorney
General a report on behalf of the Corruption and Crime
15 Commission in respect of the year ending on that
30 June, containing information relating to --
(a) applications for warrants and extensions of
warrants, including the number of such
applications and the orders made in respect of
20 such applications;
(b) applications for emergency authorisations,
including the number of such applications and
the authorisations issued in respect of such
applications; and
25 (c) such other matters relating to the use of
surveillance devices and the administration of
this Act as the Attorney General may direct.
".
(23) Section 43(4) is amended by inserting after "Police," --
30 " the Corruption and Crime Commission, ".
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
(24) Section 44(1)(f) is amended by inserting after "Police," --
" the Corruption and Crime Commission, ".
9. Telecommunications (Interception) Western Australia Act 1996
amended
5 (1) The amendments in this clause are to the Telecommunications
(Interception) Western Australia Act 1996*.
[* Act No. 44 of 1996.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 388.]
10 (2) The long title is amended by inserting after "enable" --
" the Corruption and Crime Commission, ".
(3) Section 3(1) is amended as follows:
(a) in the definition of "agency" by inserting after
paragraph (a) --
15 "
(aa) the Corruption and Crime Commission;
";
(b) in the definition of "certifying officer" by inserting before
paragraph (a) --
20 "
(aa) in relation to the Corruption and Crime
Commission, the Commissioner as defined
in section 3 of the Corruption and Crime
Commission Act 2003; or
25 ";
(c) in the definition of "chief officer" by inserting before
paragraph (a) --
"
(aa) in relation to the Corruption and Crime
30 Commission, the Commissioner as defined
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and amendment of the Corruption and Crime Commission
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in section 3 of the Corruption and Crime
Commission Act 2003; or
";
(d) after the definition of "Commonwealth Minister" by inserting
5 the following definition --
"
"Corruption and Crime Commission" has the
meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
10 ";
(e) in the definition of "eligible authority" by inserting after
"means" --
" the Corruption and Crime Commission, ";
(f) in the definition of "officer" by inserting before
15 paragraph (a) --
"
(aa) in relation to the Corruption and Crime
Commission, an officer of the Commission
as defined in section 3 of the Corruption and
20 Crime Commission Act 2003; or
";
(g) in the definition of "responsible Minister" by inserting before
paragraph (a) --
"
25 (aa) in relation to the Corruption and Crime
Commission, the Attorney General; or
".
(4) Section 3A(d) is amended by inserting after "means" --
" the Corruption and Crime Commission, ".
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Schedule 1 Amendments to other Acts as a consequence of enactment
and amendment of the Corruption and Crime Commission
Act 2003
(5) After section 5(1)(b) the following paragraph is inserted --
"
(ba) in relation to each Part VI warrant whose
authority is exercised by the authority,
5 particulars of --
(i) the warrant;
(ii) the day on which, and the time at which,
each interception under the warrant
began;
10 (iii) the duration of each such interception;
(iv) the name of the person who carried out
each such interception; and
(v) in relation to a named person warrant --
each service to or from which
15 communications have been intercepted
under the warrant;
".
(6) After section 5(1) the following subsection is inserted --
"
20 (1a) If a Part VI warrant is a named person warrant, the
particulars referred to in subsection (1)(ba)(ii) must
indicate the service in respect of which each
interception occurred.
".
25
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Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to other Acts as a consequence of repeal of the Schedule 2
Anti-Corruption Commission Act 1988
Schedule 2 -- Amendments to other Acts as a consequence
of repeal of the Anti-Corruption Commission Act 1988
[s. 72, 74]
Division 1 -- Parliamentary Commissioner Act 1971 amended
5 1. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
[* Reprinted as at 16 March 2001.]
2. Section 4 amended
10 Section 4 is amended by deleting the definition of "Anti-Corruption
Commission".
3. Section 22A amended
Section 22A(1) is amended by deleting "the Anti-Corruption
Commission,".
15 4. Section 22B amended
Section 22B is amended as follows:
(a) by deleting paragraph (a);
(b) in paragraph (b) by deleting "the Anti-Corruption
Commission".
20 5. Schedule 1 amended
Schedule 1 is amended by deleting the item relating to the
Anti-Corruption Commission.
Division 2 -- Amendments to other Acts
6. Court Security and Custodial Services Act 1999 amended
25 (1) The amendments in this clause are to the Court Security and
Custodial Services Act 1999*.
[* Reprinted as at 13 July 2001.]
page 175
Corruption and Crime Commission Amendment and Repeal Bill 2003
Schedule 2 Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988
(2) Section 38(l) is amended by deleting "the Anti-Corruption
Commission Act 1988,".
7. The Criminal Code amended
(1) The amendments in this clause are to The Criminal Code*.
5 [* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code Act
Compilation Act 1913).
For subsequent amendments see Acts Nos. 25, 28 and 30 of 2003.]
(2) Section 570(1) is amended as follows:
10 (a) by deleting the definition of "Anti-Corruption Commission
official";
(b) in the definition of "interview" --
(i) by deleting "or" after paragraph (a); and
(ii) by deleting paragraph (b).
15 (3) Section 570B(1) is amended in the definition of "authorised person"
by deleting paragraph (da).
(4) Section 570B(3a)(b) is deleted.
(5) Section 570B(4) is amended by deleting "or an Anti-Corruption
Commission official acting in the course of duty,".
20 (6) Section 570B(5) is amended by deleting "(da),".
(7) Section 570D(1) is amended in the definition of "admission" by
deleting "or an Anti-Corruption Commission official".
(8) Section 570GA(1), (2) and (3) are each amended by deleting "the
Anti-Corruption Commission or".
25 (9) Section 570GA(4) is amended in the definition of "interview" by
deleting "or an Anti-Corruption Commission official".
(10) Section 570H(2)(ba) is deleted.
page 176
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to other Acts as a consequence of repeal of the Schedule 2
Anti-Corruption Commission Act 1988
8. Financial Administration and Audit Act 1985 amended
(1) The amendment in this clause is to the Financial Administration and
Audit Act 1985*.
[* Reprinted as at 16 September 2002.
5 For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 139 and Act No. 31
of 2003.]
(2) Schedule 1 is amended by deleting the item relating to the
Anti-Corruption Commission.
10 9. Freedom of Information Act 1992 amended
(1) The amendment in this clause is to the Freedom of Information
Act 1992*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see Western Australian Legislation
15 Information Tables for 2002, Table 1, p. 151 and Acts Nos. 28 and
29 of 2003.]
(2) Schedule 2 is amended by deleting the item relating to the
Anti-Corruption Commission.
10. Juries Act 1957 amended
20 (1) The amendments in this clause are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.
For subsequent amendments see Act No. 25 of 2003.]
(2) Section 56B(2)(c) is deleted.
(3) Section 56C(2)(c) is deleted.
25 11. Prisons Act 1981 amended
(1) The amendments in this clause are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 311 and Act No. 29
30 of 2003.]
page 177
Corruption and Crime Commission Amendment and Repeal Bill 2003
Schedule 2 Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988
(2) Section 15C(1) is amended by deleting "the Anti-Corruption
Commission Act 1988,".
(3) Section 109I(5)(b) and "or" after it is deleted.
(4) Section 109O(1) is amended by deleting "the Anti-Corruption
5 Commission,".
(5) Section 109P(a) is deleted.
(6) Section 109P(b) is amended by deleting ", the Anti-Corruption
Commission".
12. Public Interest Disclosure Act 2003 amended
10 (1) The amendments in this clause are to the Public Interest Disclosure
Act 2003*.
[* Act No. 29 of 2003.]
(2) Section 3(1) is amended by deleting the definition of
"Anti-Corruption Commission".
15 (3) Section 5(3)(a) is amended by deleting "or to the Anti-Corruption
Commission".
(4) Section 11(2) is repealed.
(5) Section 12(1) is amended by deleting "Anti-Corruption Commission,
the" in both places where it occurs.
20 (6) Section 12(2)(a) and "or" after it are deleted.
(7) Section 16(1)(d) and (e) and "or" after paragraph (d) are deleted.
(8) Section 16(3)(e) and (f) and "or" after paragraph (e) are deleted.
13. Salaries and Allowances Act 1975 amended
(1) The amendment in this clause is to the Salaries and Allowances
25 Act 1975*.
[* Reprinted as at 8 September 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 348.]
page 178
Corruption and Crime Commission Amendment and Repeal Bill 2003
Amendments to other Acts as a consequence of repeal of the Schedule 2
Anti-Corruption Commission Act 1988
(2) Section 7(1) is amended by deleting "and members of the
Anti-Corruption Commission established under the Anti-Corruption
Commission Act 1988,".
14. Spent Convictions Act 1988 amended
5 (1) The amendment in this clause is to the Spent Convictions Act 1988*.
[* Reprinted as at 1 September 2000 .
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 362.]
(2) The Table to Schedule 3 is amended by deleting item 11.
10 15. Surveillance Devices Act 1998 amended
(1) The amendments in this clause are to the Surveillance Devices
Act 1998*.
[* Act No. 56 of 1998.
For subsequent amendments see Western Australian Legislation
15 Information Tables for 2002, Table 1, p. 385.]
(2) Section 3(1) is amended as follows:
(a) by deleting the definitions of "Anti-Corruption Commission"
and "Anti-Corruption Commission officer";
(b) in the definition of "authorized person" by deleting
20 paragraph (b) and "and" after it;
(c) in the definition of "emergency authorization" by deleting
", an Anti-Corruption Commission officer";
(d) by deleting paragraph (b) of the definition of "law
enforcement officer".
25 (3) Section 9(2)(a)(iii) is amended by deleting ", the chairman or any
2 members of the Anti-Corruption Commission".
(4) Section 11 is amended by deleting ", an Anti-Corruption Commission
officer".
(5) Section 15(1)(b) and "or" after it is deleted.
30 (6) Section 15(3)(b) is deleted.
page 179
Corruption and Crime Commission Amendment and Repeal Bill 2003
Schedule 2 Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988
(7) Section 15(3)(f)(i) is amended by deleting ", Anti-Corruption
Commission officer".
(8) Section 16(4) is amended by deleting ", an Anti-Corruption
Commission officer".
5 (9) Section 17(2)(d)(ii) is amended by deleting ", the Anti-Corruption
Commission officer".
(10) Section 20 is amended as follows:
(a) by deleting ", an Anti-Corruption Commission officer";
(b) by deleting ", the Anti-Corruption Commission officer".
10 (11) Section 21(1)(c)(i) is deleted.
(12) Section 23(3) is amended by deleting ", or any information or
allegation contrary to section 54 of the Anti-Corruption Commission
Act 1988".
(13) Section 31(3)(b)(ii) is deleted.
15 (14) Section 33(3) is amended by deleting ", or any information or
allegation contrary to section 54 of the Anti-Corruption Commission
Act 1988".
(15) Section 40(3) is amended by deleting ", any Anti-Corruption
Commission officer".
20 (16) Section 41(1), (2) and (3) are amended by deleting ", the
Anti-Corruption Commission" in each place it occurs.
(17) Section 41(1)(a) is amended by deleting ", an Anti-Corruption
Commission officer".
(18) Section 43(2) is repealed.
25 (19) Section 43(4) is amended by deleting ", the chairman of the
Anti-Corruption Commission".
(20) Section 44(1)(f) is amended by deleting ", the chairman of the
Anti-Corruption Commission".
page 180
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Amendments to other Acts as a consequence of repeal of the Schedule 2
Anti-Corruption Commission Act 1988
16. Telecommunications (Interception) Western Australia Act 1996
amended
(1) The amendments in this clause are to the Telecommunications
(Interception) Western Australia Act 1996*.
5 [* Act No. 44 of 1996.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 388.]
(2) The long title is amended by deleting ", the Anti-Corruption
Commission".
10 (3) Section 3(1) is amended as follows:
(a) in the definition of "agency" by deleting paragraph (ba);
(b) by deleting the definition of "Anti-Corruption Commission";
(c) in the definition of "certifying officer" by deleting
paragraph (a) and "or" after it;
15 (d) in the definition of "chief officer" by deleting paragraph (a)
and "or" after it;
(e) in the definition of "eligible authority" by deleting ", the
Anti-Corruption Commission";
(f) in the definition of "officer" by deleting paragraph (a) and
20 "or" after it;
(g) in the definition of "responsible Minister" by deleting
paragraph (a) and "or" after it.
(4) Section 3A(d) is amended by deleting "the Anti-Corruption
Commission,".
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