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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
Bill 2012
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Misconduct
Division 1 -- Corruption and Crime Commission
Act 2003 amended
3. Act amended 3
4. Long title amended 3
5. Section 1 amended 3
6. Section 3 amended 3
7. Section 4 amended 5
8. Section 7B amended 5
9. Section 17 deleted 6
10. Section 18 amended 6
11. Section 21A amended 7
12. Sections 21AA, 21AB and 21AC inserted 8
21AA. Prevention and education function: police
misconduct 8
21AB. Capacity development function: public
authorities 9
21AC. Information about allegations received or
initiated by Public Sector Commissioner 9
13. Part 3 heading replaced 10
Part 3 -- Serious misconduct: role of Commission
14. Section 23 deleted 10
15. Sections 27A and 27B deleted 10
16. Section 32 amended 10
275--1 page i
Corruption and Crime Commission Amendment Bill 2012
Contents
17. Section 34 amended 11
18. Section 37 amended 11
19. Section 38 amended 12
20. Section 42 amended 12
21. Part 4A inserted 13
Part 4A -- Misconduct: role of Public Sector
Commissioner
Division 1 -- Functions in relation to misconduct
45A. Prevention and education function 13
45B. Minor misconduct function 15
Division 2 -- Minor misconduct
Subdivision 1 -- Assessments and opinions
45C. Assessments and opinions as to
occurrence of minor misconduct 17
Subdivision 2 -- Allegations
45D. Allegations of minor misconduct 19
45E. Any person may report minor misconduct 19
45F. Public Sector Commissioner may make
proposition about minor misconduct 21
45G. Allegation about Commission,
Parliamentary Inspector or judicial officer
not to be received or initiated 21
Subdivision 3 -- Duty to notify
45H. Certain officers obliged to notify minor
misconduct 22
45I. Duty to notify under s. 45H is paramount 23
45J. Public Sector Commissioner may issue
guidelines about notifications 24
45K. Public Sector Commissioner may report
breach of duty to report or notify 24
Subdivision 4 -- Assessments, opinions and
investigations
45L. Dealing with allegations 25
45M. Decision on further action on allegation 26
45N. Matters to be considered in deciding who
should take action 26
45O. Informant to be notified of decision not to
take action 27
45P. Person to whom allegation relates can be
advised of outcome of inquiry 28
45Q. Action by Public Sector Commissioner:
special inquiry or investigation 28
45R. Referring allegation to independent
agency or appropriate authority under
s. 45M(c) 29
page ii
Corruption and Crime Commission Amendment Bill 2012
Contents
45S. Referring allegations to Parliamentary
Commissioner or Auditor General under
s. 45M(c) 29
45T. Referring allegations to Corruption and
Crime Commission under s. 45M(d) 30
45U. Public Sector Commissioner may decide
to take other action 31
45V. Monitoring of appropriate authorities 31
45W. Review of appropriate authority's handling
of minor misconduct 32
Subdivision 5 -- Recommendations
45X. Recommendations by Public Sector
Commissioner 33
45Y. Other action for minor misconduct not
affected 34
Division 3 -- Reporting
45ZA. Report to Parliament on inquiry or other
action 34
45ZB. Report to Parliament on further action by
appropriate authority 35
45ZC. Person subject to adverse report:
entitlement of 36
45ZD. Annual report under PSMA s. 22D:
matters to be included 36
22. Section 91 amended 38
23. Section 166 amended 38
24. Section 175 amended 38
25. Section 217A inserted 39
217A. Findings and opinions of Commission or
Public Sector Commissioner 39
26. Section 219 replaced 39
219. Protection from liability 39
27. Section 220 amended 40
28. Section 222 amended 41
29. Various references to "misconduct" amended 41
Division 2 -- Other Acts amended
30. Freedom of Information Act 1992 amended 42
31. Inspector of Custodial Services Act 2003 amended 42
32. Local Government Act 1995 amended 43
33. Parliamentary Commissioner Act 1971 amended 43
34. Public Sector Management Act 1994 amended 45
35. Terrorism (Preventative Detention) Act 2006
amended 46
page iii
Corruption and Crime Commission Amendment Bill 2012
Contents
36. References in other Acts to "Corruption and Crime
Commission Act 2003" amended 47
Part 3 -- Major crime and organised
crime
Division 1 -- Corruption and Crime Commission
Act 2003 amended
37. Act amended 50
38. Long title amended 50
39. Section 3 amended 50
40. Section 5 replaced 51
5. Major crime 51
6A. Organised crime 52
41. Section 7A amended 52
42. Section 7B amended 52
43. Section 21 amended 53
44. Part 4 heading amended 53
45. Section 45 amended 53
46. Section 46 amended 54
47. Section 47 replaced 54
47. Purpose of Divisions 2 to 5 54
48. Section 48 amended 55
49. Section 49 amended 55
50. Section 50 amended 56
51. Section 52 amended 56
52. Section 53 amended 57
53. Section 63 amended 57
54. Section 68 amended 58
55. Section 69 amended 58
56. Section 72 amended 58
57. Part 5A inserted 58
Part 5A -- Organised crime: investigations by
Commission
Division 1 -- Preliminary
84A. Terms used 58
Division 2 -- Investigations of organised crime
84B. Investigative function 59
84C. Powers 59
Division 3 -- Organised Crime Reference Group
84D. Establishment and membership 59
page iv
Corruption and Crime Commission Amendment Bill 2012
Contents
84E. Member: Commissioner or person acting
or authorised 59
84F. Member: Police Commissioner or person
acting or authorised 60
84G. Third member 61
84H. Referrals to Commission 62
84I. Matters relevant to decision to make
referral 63
84J. Terms of referral 64
84K. Particular incident of organised crime
identified during investigation under
general referral 65
84L. Amendment of terms of referral 65
84M. Withdrawal of referral 65
84N. Review and lapse of general referral 66
58. Section 84 amended 67
59. Section 91 amended 67
60. Section 137 amended 67
61. Section 140 amended 68
62. Schedule 1 deleted 68
Division 2 -- Surveillance Devices Act 1998
amended
63. Act amended 68
64. Section 18A amended 68
Part 4 -- Assumed identities and
controlled operations
65. Act amended 69
66. Section 60 amended 69
67. Section 64 amended 69
68. Part 6 Division 3 Subdivision 1 heading inserted 70
Subdivision 1 -- Preliminary
69. Section 102 amended 70
70. Part 6 Division 3 Subdivision 2 heading inserted 70
Subdivision 2 -- Approval of acquisition and use of
assumed identities
71. Section 103 amended 70
72. Section 104 amended 71
73. Section 111A inserted 72
111A. Assumed identity approvals to be
reviewed periodically 72
74. Part 6 Division 3 Subdivision 3 heading inserted 72
page v
Corruption and Crime Commission Amendment Bill 2012
Contents
Subdivision 3 -- Acquisition and use of assumed
identities
75. Section 114A inserted 73
114A. Effect of being unaware of variation or
cancellation of approval 73
76. Section 115 replaced 74
115. Disclosing information about assumed
identity 74
77. Section 118 deleted 75
78. Part 6 Division 3 Subdivisions 4 and 5 inserted 75
Subdivision 4 -- Reporting and record-keeping
119A. Reports about assumed identity approvals 75
119B. Record keeping 76
119C. Audit of records 77
Subdivision 5 -- Transitional provision for
Corruption and Crime Commission
Amendment Act 2012
119D. Assumed identity approvals granted
before commencement of Part 4 78
79. Part 6 Division 4 Subdivision 1 heading inserted 78
Subdivision 1 -- Preliminary
80. Section 119 amended 78
81. Part 6 Division 4 Subdivision 2 heading inserted 79
Subdivision 2 -- Authorisation of controlled
operations or integrity testing programmes
82. Section 121 amended 79
83. Section 122 amended 81
84. Part 6 Division 4 Subdivision 3 heading inserted 82
Subdivision 3 -- Conduct of authorised operations
85. Section 130A inserted 82
130A. Effect of s. 128 and 129 on other laws of
the State 82
86. Section 130 amended 83
87. Section 133A and Part 6 Division 4 Subdivision 4
inserted 83
133A. Disclosure of information relating to
authorised operations 83
Subdivision 4 -- Reporting and record-keeping for
controlled operations
133B. Principal officers' reports 84
133C. Commissioner's reports 85
133D. Annual report by Parliamentary Inspector 87
133E. Keeping documents connected with
controlled operations 88
page vi
Corruption and Crime Commission Amendment Bill 2012
Contents
133F. General register 89
133G. Inspection of records by Parliamentary
Inspector 91
88. Part 6 Division 4 Subdivision 5 heading inserted 91
Subdivision 5 -- Legal proceedings
89. Part 6 Division 4 Subdivision 6 inserted 92
Subdivision 6 -- Transitional provision for
Corruption and Crime Commission
Amendment Act 2012
135A. Authorities granted before
commencement of Part 4 92
Part 5 -- Fortifications
90. Act amended 93
91. Section 78A inserted 93
78A. Rebuilding fortifications after removal or
modification 93
92. Section 78 amended 94
Part 6 -- Other amendments to
Corruption and Crime
Commission Act 2003
93. Act amended 95
94. Long title amended 95
95. Section 3 amended 95
96. Section 9 amended 97
97. Section 10 amended 98
98. Section 11 amended 99
99. Section 12 amended 99
100. Section 14 amended 100
101. Section 15A inserted 100
15A. Assistant Commissioner may be
appointed to act as Commissioner 100
102. Section 21AAA inserted 101
21AAA. Functions under Criminal Property
Confiscation Act 2000 101
103. Part 2 Division 3 inserted 102
Division 3 -- Strategic priorities and annual plans
21B. Strategic priorities 102
21C. Annual plans 102
104. Section 22 amended 104
105. Section 30 amended 104
page vii
Corruption and Crime Commission Amendment Bill 2012
Contents
106. Section 40 amended 104
107. Section 48 amended 105
108. Section 88 replaced 105
88. Reports to Parliament on policy matters 105
109. Section 91 amended 106
110. Section 100 amended 106
111. Section 101 amended 106
112. Section 119 amended 107
113. Section 122 amended 107
114. Section 123 amended 107
115. Section 129 amended 107
116. Section 136 amended 107
117. Section 137 amended 108
118. Section 138 amended 108
119. Section 145A inserted 108
145A. Privileged information: procedure for
dealing with 108
120. Part 8 heading amended 111
121. Section 148 amended 111
122. Section 149A amended 114
123. Section 152 amended 114
124. Section 163 amended 115
125. Section 164A inserted 115
164A. Commission's powers in relation to
alleged contempt 115
126. Section 177 amended 117
127. Section 184 amended 117
128. Section 185 amended 118
129. Section 189 amended 119
130. Section 193 amended 119
131. Section 195 amended 120
132. Section 226 deleted 120
133. Part 15 deleted 120
134. Schedule 2 heading amended 120
135. Schedule 2 clause 1 amended 120
136. Schedule 2 clause 2 amended 121
137. Schedule 2 clause 3 amended 121
138. Schedule 2 clause 4 amended 122
139. Schedule 2 clause 5 amended 124
140. Schedule 2 clause 6 replaced 126
6. Resignation 126
141. Schedule 3 clause 3 amended 126
page viii
Corruption and Crime Commission Amendment Bill 2012
Contents
142. Schedule 3 clause 4 amended 128
143. Schedule 3 clause 6 replaced 129
6. Resignation 129
144. Schedule 4 deleted 129
Part 7 -- Criminal Property
Confiscation Act 2000 amended
145. Act amended 130
146. Section 11 amended 130
147. Section 15 amended 130
148. Section 27 amended 130
149. Section 30 amended 130
150. Section 31 amended 131
151. Section 32 amended 131
152. Section 33 amended 131
153. Section 34 amended 131
154. Section 35 amended 132
155. Section 37 amended 132
156. Section 40 amended 133
157. Section 41 amended 133
158. Section 43 amended 134
159. Section 45 amended 134
160. Section 47 amended 134
161. Section 53 amended 135
162. Section 54 amended 135
163. Section 57 amended 135
164. Section 62 amended 135
165. Section 63 amended 135
166. Section 64 amended 136
167. Section 65 amended 137
168. Section 66 amended 137
169. Section 67 amended 137
170. Section 68 amended 138
171. Section 70 amended 139
172. Section 71 amended 139
173. Section 73 amended 140
174. Section 74 amended 140
175. Section 75 amended 140
176. Section 76 amended 141
177. Section 77 amended 141
page ix
Corruption and Crime Commission Amendment Bill 2012
Contents
178. Section 78 amended 141
179. Section 82 amended 141
180. Section 83 amended 142
181. Section 88 amended 142
182. Section 89 amended 143
183. Section 90 amended 144
184. Section 103 amended 144
185. Section 105 amended 144
186. Section 131 amended 145
187. Section 132 amended 145
188. Section 135A inserted 146
135A. CCC's power to delegate 146
189. Section 135 amended 147
190. Glossary clause 1 amended 147
page x
Western Australia
LEGISLATIVE ASSEMBLY
Corruption and Crime Commission Amendment
Bill 2012
A Bill for
An Act --
• to amend the Corruption and Crime Commission Act 2003 and to
make consequential amendments to various other Acts; and
• to amend the Criminal Property Confiscation Act 2000.
The Parliament of Western Australia enacts as follows:
page 1
Corruption and Crime Commission Amendment Bill 2012
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Corruption and Crime Commission Amendment
4 Act 2012.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 3
1 Part 2 -- Misconduct
2 Division 1 -- Corruption and Crime Commission
3 Act 2003 amended
4 3. Act amended
5 This Division amends the Corruption and Crime Commission
6 Act 2003.
7 4. Long title amended
8 In the long title after the 1st bullet point insert:
9
10 • confer on the Public Sector Commissioner functions
11 with respect to misconduct by public officers; and
12
13 5. Section 1 amended
14 In section 1 delete "Corruption and Crime Commission
15 Act 2003." and insert:
16
17 Corruption, Crime and Misconduct Act 2003.
18
19 6. Section 3 amended
20 (1) In section 3(1) delete the definitions of:
21 allegation
22 serious misconduct
23 (2) In section 3(1) insert in alphabetical order:
24
25 allegation means --
26 (a) a report made to the Commission under
27 section 25; or
page 3
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 6
1 (b) a proposition initiated by the Commission
2 under section 26(1); or
3 (c) a matter notified to the Commission under
4 section 28(2); or
5 (d) an allegation referred to the Commission under
6 section 45M(d); or
7 (e) a received matter; or
8 (f) a report made to the Public Sector
9 Commissioner under section 45E(1); or
10 (g) a proposition initiated by the Public Sector
11 Commissioner under section 45F(1); or
12 (h) a matter notified to the Public Sector
13 Commissioner under section 45H(2),
14 as the case requires;
15 minor misconduct means misconduct of a kind
16 described in section 4(d) that is not any of the
17 following --
18 (a) police misconduct;
19 (b) conduct engaged in by a member of a House of
20 Parliament;
21 (c) conduct engaged in by a member of a local
22 government or council of a local government;
23 police misconduct means --
24 (a) misconduct by --
25 (i) a police officer; or
26 (ii) an employee of the Police Service; or
27 (iii) a person seconded to perform functions
28 and services for, or duties in the service
29 of, the Police Service;
30 or
31 (b) reviewable police action;
page 4
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 7
1 serious misconduct means --
2 (a) misconduct of a kind described in section 4(a),
3 (b) or (c) by a public officer other than a police
4 officer or employee of the Police Service; or
5 (b) police misconduct;
6
7 (3) In section 3(1) in the definition of appropriate authority after
8 "does not include" insert:
9
10 the Commission,
11
12 (4) In section 3(2) delete "exclusively by a House of Parliament,
13 unless that House so resolves." and insert:
14
15 by a House of Parliament.
16
17 7. Section 4 amended
18 Delete section 4(d)(v).
19 8. Section 7B amended
20 Delete section 7B(3) and insert:
21
22 (3) The Act's purpose in relation to misconduct is to be
23 achieved by conferring functions on the Commission
24 and on the Public Sector Commissioner.
25 (4) The Commission is to be able to investigate cases of
26 serious misconduct.
27 (5) The Public Sector Commissioner is to be able to
28 investigate cases of minor misconduct.
page 5
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 9
1 (6) The Commission and the Public Sector Commissioner
2 are to help public authorities to prevent, and to identify
3 and deal effectively and appropriately with,
4 misconduct.
5
6 9. Section 17 deleted
7 Delete section 17.
8 10. Section 18 amended
9 (1) In section 18(1):
10 (a) delete "misconduct function)" and insert:
11
12 serious misconduct function)
13
14 (b) delete "misconduct" and insert:
15
16 serious misconduct
17
18 (2) After section 18(3) insert:
19
20 (4) As an aspect of the serious misconduct function, the
21 Commission may help public authorities to prevent
22 serious misconduct by doing the following --
23 (a) analysing the information it gathers in
24 performing the serious misconduct function,
25 including the intelligence gathered in support of
26 investigations into serious misconduct;
27 (b) analysing systems used within public
28 authorities to prevent serious misconduct;
29 (c) providing information to, consulting with, and
30 making recommendations to, public authorities
31 about ways to prevent serious misconduct;
page 6
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 11
1 (d) generally increasing the capacity of public
2 authorities to prevent serious misconduct by
3 providing advice and training to those
4 authorities and, if asked, to other entities;
5 (e) reporting on ways to prevent and combat
6 serious misconduct.
7
8 (3) In section 18 amend the provisions listed in the Table as set out
9 in the Table.
10 Table
Provision Delete Insert
s. 18(2) misconduct function serious misconduct
(first occurrence) function
s. 18(2)(a), (b), (c) misconduct serious misconduct
and (e) (each occurrence)
s. 18(2)(h) misconduct function serious misconduct
function
11 Note: The heading to amended section 18 is to read:
12 Serious misconduct function
13 11. Section 21A amended
14 After section 21A(2) insert:
15
16 (3) This section does not limit the powers of the
17 Commission under section 22 or 24 in relation to police
18 misconduct.
19
page 7
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 12
1 12. Sections 21AA, 21AB and 21AC inserted
2 At the end of Part 2 Division 2 insert:
3
4 21AA. Prevention and education function: police
5 misconduct
6 (1) It is a function of the Commission (the prevention and
7 education function) to help to prevent police
8 misconduct.
9 (2) Without limiting the ways the Commission may
10 perform the prevention and education function, the
11 Commission performs that function by doing the
12 following --
13 (a) analysing the information it gathers in
14 performing functions under this Act, including
15 the intelligence gathered in support of
16 investigations into major crime, organised
17 crime and police misconduct;
18 (b) analysing systems used within the Police
19 Service to prevent police misconduct;
20 (c) using information it gathers from any source in
21 support of the prevention and education
22 function;
23 (d) providing information to, consulting with, and
24 making recommendations to, the Police
25 Service;
26 (e) providing information relevant to the
27 prevention and education function to members
28 of the police service and to the general
29 community;
30 (f) ensuring that in performing all of its functions
31 it has regard to the prevention and education
32 function;
page 8
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 12
1 (g) generally increasing the capacity of the Police
2 Service to prevent and combat police
3 misconduct by providing advice and training to
4 the Police Service;
5 (h) reporting on ways to prevent and combat police
6 misconduct.
7 21AB. Capacity development function: public authorities
8 (1) If, in the course of performing its other functions, the
9 Commission identifies a special need to increase the
10 capacity of public authorities generally, or the capacity
11 of a particular public authority, to prevent or combat
12 misconduct, the Commission has the function (the
13 capacity development function) of assisting, in
14 cooperation with the Public Sector Commissioner,
15 those public authorities or that public authority to
16 increase that capacity.
17 (2) Without limiting the ways the Commission may
18 perform the capacity development function, the
19 Commission performs that function by doing the
20 following --
21 (a) analysing intelligence it gathers in support of its
22 investigations into major crime, organised
23 crime and serious misconduct;
24 (b) using information it gathers from any source in
25 support of the capacity development function.
26 (3) This section does not limit the obligation of the
27 Commission under section 45A(4) to support the
28 Public Sector Commissioner.
29 21AC. Information about allegations received or initiated
30 by Public Sector Commissioner
31 For the purpose of assisting the Commission in
32 performing the serious misconduct function and the
page 9
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 13
1 capacity development function, the Public Sector
2 Commissioner will, if requested by the Commission to
3 do so, provide the Commission with details about any
4 allegation, or class of allegations, of minor misconduct
5 received or initiated by the Public Sector
6 Commissioner under section 45D(1).
7
8 13. Part 3 heading replaced
9 Delete the heading to Part 3 and insert:
10
11 Part 3 -- Serious misconduct: role of
12 Commission
13
14 14. Section 23 deleted
15 Delete section 23.
16 15. Sections 27A and 27B deleted
17 Delete sections 27A and 27B.
18 16. Section 32 amended
19 Delete section 32(3) and insert:
20
21 (3) The Commission may consult about an allegation or
22 other matter relating to serious misconduct the persons
23 and bodies that the Commission considers desirable
24 and practicable to consult.
25
page 10
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 17
1 17. Section 34 amended
2 (1) In section 34(1) delete the passage that begins with "regard,"
3 and ends with "misconduct --" and insert:
4
5 regard when deciding whether or not to make a decision under
6 section 33(1)(a) or (b), the Commission is to have regard to the
7 nature of the serious misconduct that --
8
9 (2) In section 34(2):
10 (a) delete the passage that begins with "When" and ends
11 with "include" and insert:
12
13 Without limiting the matters to which the Commission
14 may have regard when deciding whether or not to make
15 a decision under section 33(1)(c), the Commission is to
16 have regard to
17
18 (b) in paragraph (b) delete "whether, in the opinion of the
19 Commission, serious misconduct --" and insert:
20
21 the nature of the serious misconduct that --
22
23 18. Section 37 amended
24 In section 37(1) after "decides" insert:
25
26 under section 33(1)(c)
27
page 11
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 19
1 19. Section 38 amended
2 In section 38(1) after "Auditor General" (first occurrence)
3 insert:
4
5 under section 33(1)(c)
6
7 20. Section 42 amended
8 (1) In section 42(2):
9 (a) after "direct" insert:
10
11 the Public Sector Commissioner or
12
13 (b) in paragraph (b) before "appropriate authority." insert:
14
15 Public Sector Commissioner or
16
17 (2) Delete section 42(3) and insert:
18
19 (3) The Public Sector Commissioner or appropriate
20 authority must comply with the direction.
21
22 (3) In section 42(4) delete "the appropriate authority and its
23 officers" and insert:
24
25 the Public Sector Commissioner or appropriate
26 authority and the officers of the Public Sector
27 Commissioner or appropriate authority
28
page 12
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 21
1 (4) In section 42(6) before "appropriate authority." insert:
2
3 Public Sector Commissioner or
4
5 (5) In section 42(7):
6 (a) before "appropriate authority" (each occurrence) insert:
7
8 Public Sector Commissioner or
9
10 (b) delete "direction given to it under subsection (2)." and
11 insert:
12
13 direction.
14
15 Note: The heading to amended section 42 is to read:
16 Commission may direct Public Sector Commissioner or
17 appropriate authority not to take action
18 21. Part 4A inserted
19 After section 44 insert:
20
21 Part 4A -- Misconduct: role of Public Sector
22 Commissioner
23 Division 1 -- Functions in relation to misconduct
24 45A. Prevention and education function
25 (1) It is a function of the Public Sector Commissioner (the
26 prevention and education function) to help to prevent
27 misconduct.
28 (2) Without limiting the ways the Public Sector
29 Commissioner may perform the prevention and
page 13
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 21
1 education function, the Public Sector Commissioner
2 performs that function by doing the following --
3 (a) analysing the information the Public Sector
4 Commissioner gathers in performing functions
5 under this Act and any other Act, including the
6 information gathered in support of inquiries
7 conducted under Division 2;
8 (b) analysing systems used within public
9 authorities to prevent misconduct;
10 (c) providing information to, consulting with, and
11 making recommendations to, public authorities;
12 (d) providing information relevant to the
13 prevention and education function to the
14 general community;
15 (e) ensuring that, in performing functions under
16 this Act and any other Act, the Public Sector
17 Commissioner has regard to the prevention and
18 education function;
19 (f) generally increasing the capacity of public
20 authorities to prevent and combat misconduct
21 by providing advice and training to those
22 authorities and, if asked, to other entities;
23 (g) reporting on ways to prevent and combat
24 misconduct.
25 (3) In performing the prevention and education function,
26 the Public Sector Commissioner may consult,
27 cooperate, and exchange information, with the
28 Commission.
29 (4) In performing the prevention and education function,
30 the Public Sector Commissioner is to be supported by
31 the Commission, other independent agencies and
32 appropriate authorities.
page 14
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 21
1 45B. Minor misconduct function
2 (1) It is a function of the Public Sector Commissioner (the
3 minor misconduct function) to ensure that an
4 allegation about, or information or matter involving,
5 minor misconduct is dealt with in an appropriate way.
6 (2) Without limiting the ways the Public Sector
7 Commissioner may perform the minor misconduct
8 function or any other function under this Act or any
9 other Act, the Public Sector Commissioner performs
10 the minor misconduct function by doing the
11 following --
12 (a) receiving and initiating allegations of minor
13 misconduct;
14 (b) considering whether action is needed in relation
15 to allegations and matters related to minor
16 misconduct;
17 (c) inquiring into or taking other action in relation to
18 allegations and matters related to minor
19 misconduct if it is appropriate to do so, or
20 referring the allegations or matters to other
21 independent agencies or appropriate authorities so
22 that they can take action themselves or in
23 cooperation with the Public Sector
24 Commissioner;
25 (d) monitoring the way in which other independent
26 agencies and appropriate authorities take action
27 in relation to allegations and matters that are
28 referred to them by the Public Sector
29 Commissioner;
30 (e) whether or not there has been an allegation of
31 minor misconduct, inquiring into whether
32 minor misconduct --
33 (i) has or may have occurred; or
34 (ii) is or may be occurring; or
page 15
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 21
1 (iii) is or may be about to occur; or
2 (iv) is likely to occur;
3 (f) making recommendations and furnishing
4 reports on the outcome of inquiries;
5 (g) consulting, cooperating, and exchanging
6 information, with the following --
7 (i) the Commission;
8 (ii) other independent agencies;
9 (iii) appropriate authorities;
10 (iv) the principal officers of notifying
11 authorities;
12 (v) any person or body whose functions
13 under a law of the Commonwealth,
14 another State or a Territory correspond
15 with those of the Public Sector
16 Commissioner under this Part or under
17 the Public Sector Management
18 Act 1994;
19 (vi) any person, or any authority or body of
20 this State, the Commonwealth, another
21 State or a Territory, declared by the
22 Minister to be a person, authority or
23 body to which this paragraph applies;
24 (h) giving information to another independent
25 agency or other authority that may provide
26 evidence of the commission of a criminal
27 offence under a written law or may otherwise
28 be relevant to the functions of the agency or
29 other authority.
30 (3) When the Public Sector Commissioner is deciding
31 whether further action for the purposes of this Act in
32 relation to an allegation is warranted, the matters to
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1 which the Public Sector Commissioner may have
2 regard include the following --
3 (a) the seriousness of the conduct or involvement
4 to which the allegation relates;
5 (b) whether or not the allegation is frivolous or
6 vexatious or is made in good faith;
7 (c) whether or not the conduct or involvement to
8 which the allegation relates is or has been the
9 subject of appropriate investigatory or other
10 action otherwise than for the purposes of this
11 Act;
12 (d) whether or not, in all the circumstances, the
13 carrying out of further action for the purposes
14 of this Act in relation to the allegation is
15 justified or is in the public interest.
16 Division 2 -- Minor misconduct
17 Subdivision 1 -- Assessments and opinions
18 45C. Assessments and opinions as to occurrence of minor
19 misconduct
20 (1) Whether or not there has been an allegation of minor
21 misconduct, the Public Sector Commissioner may
22 make assessments and form opinions as to whether
23 minor misconduct --
24 (a) has or may have occurred; or
25 (b) is or may be occurring; or
26 (c) is or may be about to occur; or
27 (d) is likely to occur.
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1 (2) The Public Sector Commissioner may make the
2 assessments and form the opinions on the basis of all or
3 any of the following --
4 (a) consultations with the Commission, another
5 independent agency or an appropriate authority;
6 (b) inquiries and other action, whether conducted
7 or taken in cooperation with the Commission,
8 another independent agency or an appropriate
9 authority or otherwise;
10 (c) inquiries or other action conducted or taken by
11 the Commission, another independent agency
12 or an appropriate authority.
13 (3) If the Public Sector Commissioner makes an
14 assessment or forms an opinion under subsection (1)
15 concerning minor misconduct, the Public Sector
16 Commissioner may --
17 (a) conduct a review in respect of part or all of the
18 functions, management or operations of one or
19 more notifying authorities in connection with
20 the minor misconduct; or
21 (b) advise the Commission, another independent
22 agency or an appropriate authority of the
23 assessment or opinion and provide the
24 Commission, agency or authority with the
25 information on which the assessment or opinion
26 is based.
27 (4) For the purpose of subsection (3)(a), the Public Sector
28 Management Act 1994 Part 3A Division 3
29 Subdivision 1 (except sections 24B(2) to (5) and 24G)
30 applies (with the necessary changes) as if --
31 (a) a reference to a review were a reference to a
32 review under subsection (3)(a); and
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1 (b) a reference to a public sector body, or to the
2 employing authority of a public sector body,
3 were a reference to a notifying authority; and
4 (c) a reference to an employee were a reference to
5 a public officer.
6 Subdivision 2 -- Allegations
7 45D. Allegations of minor misconduct
8 (1) Subject to section 45G, the Public Sector
9 Commissioner --
10 (a) is to receive allegations of minor misconduct by
11 way of --
12 (i) reports under section 45E(1); and
13 (ii) matters notified under section 45H(2);
14 and
15 (b) may initiate allegations of minor misconduct by
16 way of propositions under section 45F(1).
17 (2) Before assessing an allegation received by the Public
18 Sector Commissioner, the Public Sector Commissioner
19 may seek further information about the allegation from
20 the person making the allegation in such form as the
21 Public Sector Commissioner thinks fit.
22 45E. Any person may report minor misconduct
23 (1) A public officer or any other person may report to the
24 Public Sector Commissioner any matter which that
25 person suspects on reasonable grounds concerns or
26 may concern minor misconduct that --
27 (a) has or may have occurred; or
28 (b) is or may be occurring; or
29 (c) is or may be about to occur; or
30 (d) is likely to occur.
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1 (2) A report may be made to the Public Sector
2 Commissioner orally or in writing.
3 (3) This section has effect despite --
4 (a) the provisions of any other Act, whether
5 enacted before or after this Act; and
6 (b) any obligation the person has to maintain
7 confidentiality about a matter to which the
8 allegation relates.
9 (4) A person who exercises the power conferred by
10 subsection (1) does not commit an offence by reason of
11 that exercise.
12 (5) A person who makes a report under this section and
13 who does so --
14 (a) knowing that the content of the report is false or
15 misleading in a material respect; or
16 (b) maliciously or recklessly,
17 is guilty of a crime.
18 Penalty: a fine of $60 000 and imprisonment for
19 3 years.
20 Summary conviction penalty: a fine of $10 000.
21 (6) A charge cannot be brought against a person under
22 subsection (5) other than by the Director of Public
23 Prosecutions.
24 (7) A publication by --
25 (a) a complainant; or
26 (b) a person who has relied upon information
27 derived from a complainant; or
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1 (c) a person who has no reliable source of
2 knowledge (which is to be presumed in the
3 absence of proof to the contrary),
4 that an allegation has been made about a person to the
5 Public Sector Commissioner carries with it an
6 inference that there were reasonable grounds for
7 making the complaint.
8 45F. Public Sector Commissioner may make proposition
9 about minor misconduct
10 (1) The Public Sector Commissioner may make a
11 proposition that minor misconduct --
12 (a) has or may have occurred; or
13 (b) is or may be occurring; or
14 (c) is or may be about to occur; or
15 (d) is likely to occur.
16 (2) A proposition under subsection (1) may be based on
17 the Public Sector Commissioner's own experience and
18 knowledge and made independently of any allegation
19 referred to in section 45E(1).
20 45G. Allegation about Commission, Parliamentary
21 Inspector or judicial officer not to be received or
22 initiated
23 The Public Sector Commissioner must not receive or
24 initiate an allegation about a person in the person's
25 capacity as any of the following --
26 (a) the holder of the office of Commissioner,
27 whether the person is appointed under section 9
28 or 14;
29 (b) an officer of the Commission;
30 (c) the Parliamentary Inspector;
31 (d) an officer of the Parliamentary Inspector;
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1 (e) the holder of a judicial office as defined in
2 The Criminal Code section 121.
3 Subdivision 3 -- Duty to notify
4 45H. Certain officers obliged to notify minor misconduct
5 (1) This section applies to the following persons --
6 (a) the Parliamentary Commissioner;
7 (b) the Inspector of Custodial Services;
8 (c) the principal officer of a notifying authority;
9 (d) an officer who constitutes a notifying authority.
10 (2) Subject to subsections (4) and (5), a person to whom
11 this section applies must notify the Public Sector
12 Commissioner in writing of any matter --
13 (a) which that person suspects on reasonable
14 grounds concerns or may concern minor
15 misconduct; and
16 (b) which, in the case of a person referred to in
17 subsection (1)(c) or (d), is of relevance or
18 concern to that person in his or her official
19 capacity.
20 (3) The Public Sector Commissioner must be notified
21 under subsection (2) as soon as is reasonably
22 practicable after the person becomes aware of the
23 matter.
24 (4) A person to whom this section applies is not required
25 to notify the Public Sector Commissioner of --
26 (a) a matter that --
27 (i) is being dealt with by that person, or the
28 notifying authority of which that person
29 is the principal officer, under
30 section 45M(b); or
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1 (ii) is referred to that person, or the
2 notifying authority of which that person
3 is the principal officer, by the Public
4 Sector Commissioner under
5 section 45M(c);
6 or
7 (b) a matter that --
8 (i) is referred to that person, or a notifying
9 authority of which that person is the
10 principal officer, by the Parliamentary
11 Inspector under section 196(3)(f); and
12 (ii) relates to conduct by the holder of the
13 office of Commissioner, whether the
14 person is appointed under section 9
15 or 14, or by an officer of the
16 Commission or an officer of the
17 Parliamentary Inspector.
18 (5) The Director of Public Prosecutions is not required to
19 notify the Public Sector Commissioner of a matter if
20 the matter does not relate to conduct by --
21 (a) the Deputy Director as defined in the Director
22 of Public Prosecutions Act 1991 section 3; or
23 (b) a member of staff appointed or made available
24 for the performance of the functions of the
25 Director of Public Prosecutions under the
26 Director of Public Prosecutions Act 1991
27 section 30.
28 45I. Duty to notify under s. 45H is paramount
29 (1) The duty of a person to make a notification under
30 section 45H must be complied with despite --
31 (a) the provisions of any other Act, whether
32 enacted before or after this Act; or
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1 (b) any obligation the person has to maintain
2 confidentiality about a matter to which the
3 allegation relates,
4 and the person does not commit an offence by reason
5 of that compliance.
6 (2) Subsection (1) does not affect an obligation under
7 another written law to notify minor misconduct.
8 45J. Public Sector Commissioner may issue guidelines
9 about notifications
10 (1) The Public Sector Commissioner may issue guidelines
11 about --
12 (a) what matters are or are not required to be
13 notified to the Public Sector Commissioner
14 under section 45H; and
15 (b) what reports are required with respect to such
16 matters.
17 (2) If the Public Sector Commissioner issues guidelines to
18 the effect that a matter is not required to be notified
19 under section 45H but is required to be reported on in
20 accordance with the guidelines, a person to whom the
21 guidelines apply is not required to notify the Public
22 Sector Commissioner of the matter under section 45H
23 but is required to report on the matter in accordance
24 with the guidelines.
25 (3) The Public Sector Commissioner may deal with a
26 matter reported on under subsection (2) as if it were a
27 matter notified under section 45H.
28 45K. Public Sector Commissioner may report breach of
29 duty to report or notify
30 If a person to whom section 45H or 45J applies does
31 not comply with the duty to make a notification or
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1 report under that section, the Public Sector
2 Commissioner may report that non-compliance --
3 (a) in the case of the principal officer referred to in
4 paragraph (c) of the definition of principal
5 officer of a notifying authority -- to the CEO
6 as defined in the Court Security and Custodial
7 Services Act 1999 section 3 or the chief
8 executive officer as defined in the Prisons
9 Act 1981 section 3(1), as is relevant to the case;
10 and
11 (b) in any other case -- to a person or body that
12 has the power to take disciplinary action against
13 the person to whom section 45H or 45J applies.
14 Subdivision 4 -- Assessments, opinions and investigations
15 45L. Dealing with allegations
16 (1) The Public Sector Commissioner is to deal with an
17 allegation by --
18 (a) assessing the allegation and forming an opinion
19 under section 45C; and
20 (b) making a decision under section 45M that the
21 Public Sector Commissioner considers
22 appropriate in the circumstances.
23 (2) For the purposes of subsection (1), the Public Sector
24 Commissioner may conduct a preliminary inquiry into
25 the allegation.
26 (3) The Public Sector Commissioner may consult about an
27 allegation or other matter relating to minor misconduct
28 the persons and bodies that the Public Sector
29 Commissioner considers desirable and practicable to
30 consult.
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1 45M. Decision on further action on allegation
2 Having made an assessment of an allegation, the Public
3 Sector Commissioner may decide to do any of the
4 following --
5 (a) inquire into or take other action in relation to
6 the allegation without the involvement of the
7 Commission, another independent agency or an
8 appropriate authority;
9 (b) inquire into or take other action in relation to
10 the allegation in cooperation with the
11 Commission, another independent agency or an
12 appropriate authority;
13 (c) refer the allegation to another independent
14 agency or an appropriate authority for action in
15 accordance with sections 45R(1) and 45S(1),
16 and those sections apply accordingly;
17 (d) refer the allegation to the Commission in
18 accordance with section 45T(1), and that
19 section applies accordingly;
20 (e) take no action.
21 45N. Matters to be considered in deciding who should
22 take action
23 (1) Without limiting the matters to which the Public Sector
24 Commissioner may have regard when deciding
25 whether or not to make a decision under
26 section 45M(a) or (b), the Public Sector Commissioner
27 is to have regard to the nature of the minor misconduct
28 that --
29 (a) has or may have occurred; or
30 (b) is or may be occurring; or
31 (c) is or may be about to occur; or
32 (d) is likely to occur.
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1 (2) Without limiting the matters to which the Public Sector
2 Commissioner may have regard when deciding
3 whether or not to make a decision under
4 section 45M(c), the Public Sector Commissioner is to
5 have regard to the following --
6 (a) the seniority of any public officer to whom the
7 allegation relates;
8 (b) the nature of the minor misconduct that --
9 (i) has or may have occurred; or
10 (ii) is or may be occurring; or
11 (iii) is or may be about to occur; or
12 (iv) is likely to occur;
13 (c) the need for any inquiry into the allegation to
14 be conducted independently of a public
15 authority with which any public officer to
16 whom the allegation relates is connected by
17 membership or employment or in any other
18 respect.
19 45O. Informant to be notified of decision not to take
20 action
21 If --
22 (a) a person makes an allegation under
23 section 45E(1) or 45H(2); or
24 (b) a complaint under the Parliamentary
25 Commissioner Act 1971 is referred to the Public
26 Sector Commissioner,
27 and the Public Sector Commissioner decides to take no
28 action, the Public Sector Commissioner must notify the
29 person who made the allegation or complaint of the
30 decision.
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1 45P. Person to whom allegation relates can be advised of
2 outcome of inquiry
3 The Public Sector Commissioner may inform a person
4 to whom an allegation relates as to the outcome of any
5 inquiry conducted by the Public Sector Commissioner
6 or an appropriate authority in relation to the allegation
7 if --
8 (a) the person requests the information; or
9 (b) the Public Sector Commissioner considers that
10 giving the information to the person is in the
11 person's best interests,
12 and the Public Sector Commissioner considers that
13 giving the information to the person is in the public
14 interest.
15 45Q. Action by Public Sector Commissioner: special
16 inquiry or investigation
17 (1) If the Public Sector Commissioner decides to take
18 action under section 45M(a) in relation to an allegation,
19 the Public Sector Commissioner may --
20 (a) arrange for the holding of a special inquiry into
21 the allegation; or
22 (b) investigate the allegation.
23 (2) For the purposes of subsection (1), the Public Sector
24 Management Act 1994 Part 3A Division 3
25 Subdivisions 2 and 3 (except sections 24H(2) to (6) and
26 24K(2)) apply (with the necessary changes) as if --
27 (a) a reference to a special inquiry or investigation
28 were a reference to a special inquiry or
29 investigation under subsection (1); and
30 (b) a reference to a public sector body were a
31 reference to a notifying authority.
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1 (3) This section does not limit the action that the Public
2 Sector Commissioner may take under section 45M(a).
3 45R. Referring allegation to independent agency or
4 appropriate authority under s. 45M(c)
5 (1) If the Public Sector Commissioner decides under
6 section 45M(c) to refer an allegation to another
7 independent agency or an appropriate authority, the
8 Public Sector Commissioner is to refer the allegation as
9 soon as is practicable after making that decision.
10 (2) The allegation may be accompanied by a report, which
11 may include --
12 (a) a recommendation under section 45X; and
13 (b) such other recommendations as the Public
14 Sector Commissioner thinks fit in respect of the
15 action to be taken; and
16 (c) such information as the Public Sector
17 Commissioner considers would assist the
18 agency or authority to take the action.
19 (3) If the allegation is referred to an appropriate authority,
20 the report may also include a recommendation as to the
21 period within which the action should be taken.
22 45S. Referring allegations to Parliamentary
23 Commissioner or Auditor General under s. 45M(c)
24 (1) The Public Sector Commissioner is not to refer an
25 allegation to the Parliamentary Commissioner or the
26 Auditor General under section 45M(c) without having
27 first consulted the Parliamentary Commissioner or the
28 Auditor General.
29 (2) If an allegation is referred to the Parliamentary
30 Commissioner, the allegation is to be treated by the
31 Parliamentary Commissioner as if it were a complaint
32 duly made under the Parliamentary Commissioner
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1 Act 1971 section 17 and that Act applies to and in
2 relation to the allegation accordingly.
3 (3) If an allegation is referred to the Auditor General, the
4 Auditor General may investigate the allegation and the
5 Auditor General Act 2006 applies to the investigation
6 as if it were an investigation under section 18(2) of that
7 Act.
8 (4) The Auditor General Act 2006 does not prevent the
9 Auditor General or any person to whom section 46(2)
10 of that Act applies from disclosing to --
11 (a) the Public Sector Commissioner; or
12 (b) a person who is authorised by the Public Sector
13 Commissioner for the purposes of this
14 paragraph,
15 information obtained in the course of an investigation
16 under subsection (3).
17 45T. Referring allegations to Corruption and Crime
18 Commission under s. 45M(d)
19 (1) The Public Sector Commissioner may refer an
20 allegation to the Commission under section 45M(d) if
21 the Public Sector Commissioner considers --
22 (a) that serious misconduct --
23 (i) has or may have occurred; or
24 (ii) is or may be occurring; or
25 (iii) is or may be about to occur; or
26 (iv) is likely to occur;
27 or
28 (b) that it is otherwise appropriate to refer the
29 allegation.
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1 (2) The Commission may deal with an allegation referred
2 under section 45M(d) as if it were a matter notified
3 under section 28(2).
4 (3) This section does not affect the obligation of the Public
5 Sector Commissioner under section 28(2) to notify the
6 Commission of suspected serious misconduct of
7 relevance or concern to the Public Sector
8 Commissioner in his or her official capacity.
9 45U. Public Sector Commissioner may decide to take
10 other action
11 (1) Despite having made a decision to act under
12 section 45M(a), (b) or (c), the Public Sector
13 Commissioner may at any time decide to act under
14 another of those paragraphs.
15 (2) The Public Sector Commissioner may make the
16 decision whether or not he or she has acted under the
17 first-mentioned decision.
18 (3) The Public Sector Commissioner is not to reconsider
19 action taken in respect of a matter reported under
20 section 45J(2) except on new information.
21 (4) If, as a result of the first-mentioned decision, an
22 allegation was referred to the Parliamentary
23 Commissioner, subsection (1) does not apply unless the
24 action to be taken by the Public Sector Commissioner
25 has been requested or agreed to by the Parliamentary
26 Commissioner.
27 45V. Monitoring of appropriate authorities
28 (1) If --
29 (a) an appropriate authority takes action in relation
30 to an allegation in cooperation with the Public
31 Sector Commissioner; or
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1 (b) an allegation is referred to an appropriate
2 authority by the Public Sector Commissioner,
3 unless the Public Sector Commissioner advises the
4 appropriate authority in writing to the contrary, the
5 appropriate authority must prepare a detailed report of
6 the action the appropriate authority has taken in
7 relation to the allegation.
8 (2) The report must be given to the Public Sector
9 Commissioner in writing as soon as practicable after
10 the action is taken.
11 (3) The Public Sector Commissioner may, by written
12 notice, direct the appropriate authority to give the
13 Public Sector Commissioner a detailed report on --
14 (a) action the appropriate authority has taken in
15 relation to the allegation; and
16 (b) if action recommended by the Public Sector
17 Commissioner under section 45R(2)(a) or (b)
18 has not been taken, or any action has not been
19 taken within the time recommended under
20 section 45R(3) -- the reasons for not so taking
21 the action.
22 (4) The appropriate authority must comply with a direction
23 given to it under subsection (3).
24 (5) A report referred to in this section must include details
25 of any disciplinary action taken as a consequence of the
26 recommendations.
27 45W. Review of appropriate authority's handling of
28 minor misconduct
29 (1) The Public Sector Commissioner may review the way
30 an appropriate authority has dealt with minor
31 misconduct, in relation to either a particular allegation,
32 complaint, information or matter involving minor
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1 misconduct or in relation to a class of allegation,
2 complaint, information or matter involving minor
3 misconduct.
4 (2) The appropriate authority must give the Public Sector
5 Commissioner all necessary help to undertake a review
6 under subsection (1).
7 Subdivision 5 -- Recommendations
8 45X. Recommendations by Public Sector Commissioner
9 (1) The Public Sector Commissioner may --
10 (a) make recommendations as to whether
11 consideration should or should not be given to
12 the taking of disciplinary action against
13 particular persons; and
14 (b) make recommendations for the taking of other
15 action that the Public Sector Commissioner
16 considers should be taken in relation to the
17 subject matter of his or her assessments or
18 opinions or the results of his or her inquiries.
19 (2) The Public Sector Commissioner may make the
20 recommendations on the basis of --
21 (a) his or her assessments, consultations and
22 opinions; and
23 (b) inquiries and other action, whether conducted
24 or taken in cooperation with the Commission,
25 another independent agency or an appropriate
26 authority or otherwise; and
27 (c) inquiries or other action conducted or taken by
28 the Commission, another independent agency
29 or an appropriate authority.
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1 (3) Without limiting subsection (1), the Public Sector
2 Commissioner may --
3 (a) recommend that further inquiry or investigation
4 into any matter be carried out --
5 (i) by an Inquiry Panel appointed under the
6 Local Government Act 1995; or
7 (ii) in such other manner as the
8 Commissioner may recommend;
9 and
10 (b) recommend the terms of reference of any such
11 inquiry or investigation.
12 (4) The Public Sector Commissioner may give the
13 recommendations to another independent agency or an
14 appropriate authority.
15 (5) A recommendation made by the Public Sector
16 Commissioner under this section is not, and is not to be
17 taken as, a finding that a particular person has engaged
18 in conduct that constitutes or provides grounds on
19 which that person's tenure of office, contract of
20 employment, or agreement for the provision of services
21 is or may be terminated.
22 45Y. Other action for minor misconduct not affected
23 This Part does not limit the action that may lawfully be
24 taken to discipline or otherwise deal with a person for
25 minor misconduct.
26 Division 3 -- Reporting
27 45ZA. Report to Parliament on inquiry or other action
28 (1) The Public Sector Commissioner may at any time
29 prepare a report on any matter that has been the subject
30 of an inquiry or other action in respect of minor
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1 misconduct, irrespective of whether the inquiry was
2 conducted or other action was taken by --
3 (a) the Public Sector Commissioner alone; or
4 (b) the Public Sector Commissioner in cooperation
5 with the Commission, another independent
6 agency or an appropriate authority; or
7 (c) an appropriate authority alone.
8 (2) The Public Sector Commissioner may include in the
9 report --
10 (a) statements as to any of the Public Sector
11 Commissioner's assessments, opinions and
12 recommendations; and
13 (b) statements as to any of the Public Sector
14 Commissioner's reasons for the assessments,
15 opinions and recommendations.
16 (3) The Public Sector Management Act 1994 section 22F
17 applies in relation to a report prepared under this
18 section as if it were a report prepared under
19 section 22E of that Act.
20 45ZB. Report to Parliament on further action by
21 appropriate authority
22 (1) After considering a report given to the Public Sector
23 Commissioner by an appropriate authority under
24 section 45V(2) or (4), the Public Sector Commissioner
25 may prepare a report on the report of the authority.
26 (2) During or after the taking of action by an appropriate
27 authority in respect of an allegation referred to the
28 authority under section 45R(1), the Public Sector
29 Commissioner may prepare a report if the Public
30 Sector Commissioner considers that the action is not
31 being, or has not been, taken properly, efficiently or
32 expeditiously.
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1 (3) The Public Sector Commissioner may include in a
2 report prepared under this section --
3 (a) statements as to any of the Public Sector
4 Commissioner's assessments, opinions and
5 recommendations; and
6 (b) statements as to any of the Public Sector
7 Commissioner's reasons for the assessments,
8 opinions and recommendations.
9 (4) The Public Sector Management Act 1994 section 22F
10 applies in relation to a report prepared under this
11 section as if it were a report prepared under
12 section 22E of that Act.
13 45ZC. Person subject to adverse report: entitlement of
14 Before reporting any matters adverse to a person or
15 body in a report under section 45ZA or 45ZB, the
16 Public Sector Commissioner must give the person or
17 body a reasonable opportunity to make representations
18 to the Public Sector Commissioner concerning those
19 matters.
20 45ZD. Annual report under PSMA s. 22D: matters to be
21 included
22 (1) The Public Sector Commissioner must include in the
23 report prepared under the Public Sector Management
24 Act 1994 section 22D in respect of any year a report of
25 the Public Sector Commissioner's general activities
26 under this Part during that year.
27 (2) The report is to include the following --
28 (a) a description of the types of allegations
29 received or initiated by the Public Sector
30 Commissioner;
31 (b) a description of the types of inquiries conducted
32 by the Public Sector Commissioner, whether
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1 alone or in cooperation with another person or
2 body;
3 (c) an evaluation of the response of appropriate
4 authorities to recommendations made by the
5 Public Sector Commissioner;
6 (d) a description of the general nature and extent of
7 any information furnished under this Part by the
8 Public Sector Commissioner to other
9 independent agencies;
10 (e) a description of the general nature and extent of
11 referrals to the Commission under
12 section 45M(d);
13 (f) a description of the extent to which inquiries
14 conducted by the Public Sector Commissioner,
15 whether alone or in cooperation with another
16 person or body, have resulted in disciplinary
17 action against public officers;
18 (g) a description of the Public Sector
19 Commissioner's activities during that year in
20 relation to the prevention and education
21 function;
22 (h) any recommendations for changes in the laws
23 of the State that the Public Sector
24 Commissioner considers should be made as a
25 result of the performance of functions under
26 this Part.
27 (3) This section does not require the Public Sector
28 Commissioner to include operational information in a
29 report prepared under subsection (1).
30
page 37
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 22
1 22. Section 91 amended
2 In section 91(2):
3 (a) in paragraph (d) delete "the general nature" and insert:
4
5 a description of the general nature
6
7 (b) in paragraph (d) delete "authorities;" and insert:
8
9 agencies;
10
11 (c) in paragraph (e) delete "the extent" and insert:
12
13 a description of the extent
14
15 23. Section 166 amended
16 In section 166 delete "the Commission," and insert:
17
18 the Commission or the Public Sector Commissioner,
19
20 24. Section 175 amended
21 In section 175 delete "the Commission or Parliamentary
22 Inspector in the performance of its, his or her functions." and
23 insert:
24
25 the Commission, the Public Sector Commissioner or the
26 Parliamentary Inspector in the performance of functions under
27 this Act.
28
page 38
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 25
1 25. Section 217A inserted
2 At the beginning of Part 14 insert:
3
4 217A. Findings and opinions of Commission or Public
5 Sector Commissioner
6 (1) This section applies in relation to a finding made, or an
7 opinion formed or expressed, by the Commission or the
8 Public Sector Commissioner in the course of
9 performing a function under this Act.
10 (2) The Commission or the Public Sector Commissioner
11 must not publish or report a finding or opinion that a
12 particular person is guilty of or has committed, is
13 committing or is about to commit a criminal offence or
14 disciplinary offence.
15 (3) A finding or opinion that misconduct has occurred, is
16 occurring or is about to occur is not, and is not to be
17 taken as, a finding or opinion that a particular person is
18 guilty of or has committed, is committing or is about to
19 commit a criminal offence or disciplinary offence.
20
21 26. Section 219 replaced
22 Delete section 219 and insert:
23
24 219. Protection from liability
25 (1) No action or claim for damages lies against --
26 (a) the Commission; or
27 (b) any person acting on behalf of, or with the
28 authority of, the Commission; or
29 (c) the Public Sector Commissioner; or
page 39
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 1 Corruption and Crime Commission Act 2003 amended
s. 27
1 (d) any person acting on behalf of, or with the
2 authority of, the Public Sector Commissioner;
3 or
4 (e) the Parliamentary Inspector; or
5 (f) any person acting on behalf of, or with the
6 authority of, the Parliamentary Inspector,
7 for or on account of anything done or omitted, or
8 ordered or authorised to be done or omitted --
9 (g) under, or apparently under, this Act; or
10 (h) for the purpose, or apparently for the purpose,
11 of giving effect to this Act.
12 (2) Subsection (1) does not apply if it is proved that the
13 thing was done or omitted, or ordered or authorised to
14 be done or omitted, maliciously and without reasonable
15 and probable cause.
16
17 27. Section 220 amended
18 (1) In section 220(2) delete "Commission" (each occurrence) and
19 insert:
20
21 Commission, the Public Sector Commissioner
22
23 (2) In section 220(3)(a) after "Commission" insert:
24
25 or the Public Sector Commissioner
26
27 (3) In section 220(4):
28 (a) after "Commission" (first occurrence) insert:
29
30 or the Public Sector Commissioner
31
page 40
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Corruption and Crime Commission Act 2003 amended Division 1
s. 28
1 (b) delete "Commission," and insert:
2
3 Commission or the Public Sector Commissioner,
4
5 28. Section 222 amended
6 In section 222 delete "Commission" and insert:
7
8 Commission, the Public Sector Commissioner
9
10 29. Various references to "misconduct" amended
11 In the provisions listed in the Table delete "misconduct" (each
12 occurrence) and insert:
13
14 serious misconduct
15
16 Table
s. 22(1) s. 24(1)(a) and (b)
s. 25(1) s. 26(1)
s. 28(2)(a) s. 41(1)
s. 84(1)
17 Note: The headings to the amended sections listed in the Table are to read as set
18 out in the Table.
19 Table
Amended section Section heading
s. 22 Assessments and opinions as to occurrence
of serious misconduct
s. 24 Allegations of serious misconduct
page 41
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 2 Other Acts amended
s. 30
Amended section Section heading
s. 25 Any person may report serious misconduct
s. 26 Commission may make proposition about
serious misconduct
s. 28 Certain officers obliged to notify serious
misconduct
s. 41 Commission may review how appropriate
authority has dealt with serious misconduct
1 Division 2 -- Other Acts amended
2 30. Freedom of Information Act 1992 amended
3 (1) This section amends the Freedom of Information Act 1992.
4 (2) In Schedule 2 after "The Corruption and Crime Commission."
5 insert:
6
7 The Public Sector Commissioner, but only in relation to
8 documents originating with or received by the Public Sector
9 Commissioner in relation to his or her functions under the
10 Corruption, Crime and Misconduct Act 2003.
11
12 31. Inspector of Custodial Services Act 2003 amended
13 (1) This section amends the Inspector of Custodial Services
14 Act 2003.
15 (2) Delete section 26(1)(c) and insert:
16
17 (c) an investigation, inquiry or other action taken
18 by the Corruption and Crime Commission or
19 Public Sector Commissioner under the
20 Corruption, Crime and Misconduct Act 2003;
21 or
22
page 42
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Other Acts amended Division 2
s. 32
1 32. Local Government Act 1995 amended
2 (1) This section amends the Local Government Act 1995.
3 (2) In section 9.69A delete "section 28 of the Corruption and Crime
4 Commission Act 2003." and insert:
5
6 the Corruption, Crime and Misconduct Act 2003
7 section 28 or 45H.
8
9 Note: The heading to amended section 9.69A is to read:
10 Notification under Corruption, Crime and Misconduct Act 2003
11 33. Parliamentary Commissioner Act 1971 amended
12 (1) This section amends the Parliamentary Commissioner Act 1971.
13 (2) In section 4 in the definitions of Corruption and Crime
14 Commission, officer of the Corruption and Crime
15 Commission, officer of the Parliamentary Inspector of the
16 Corruption and Crime Commission and Parliamentary
17 Inspector of the Corruption and Crime Commission delete
18 "Corruption and Crime Commission Act 2003;" and insert:
19
20 Corruption, Crime and Misconduct Act 2003;
21
22 (3) In section 22A(1) after "Commission," insert:
23
24 the Public Sector Commissioner,
25
page 43
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 2 Other Acts amended
s. 33
1 (4) In section 22B:
2 (a) in paragraph (b) delete the passage that begins with "and
3 concerns" and continues to the end of the paragraph and
4 insert:
5
6 and concerns a matter that is relevant to the
7 functions of any of the following --
8 (iv) the Corruption and Crime Commission;
9 (v) the Parliamentary Inspector;
10 (vi) the Public Sector Commissioner, but
11 only those functions under the
12 Corruption, Crime and Misconduct
13 Act 2003;
14 (vii) the Director of Public Prosecutions;
15 or
16
17 (b) after paragraph (d) insert:
18
19 (ea) is disclosed to --
20 (i) the Public Sector Commissioner; or
21 (ii) a person who is authorised by the Public
22 Sector Commissioner for the purposes
23 of this subparagraph,
24 and concerns a matter that is relevant to the
25 functions of the Public Sector Commissioner
26 under the Corruption, Crime and Misconduct
27 Act 2003; or
28
page 44
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Other Acts amended Division 2
s. 34
1 (5) In Schedule 1 in the Table in the 3rd row delete "Corruption and
2 Crime Commission Act 2003" and insert:
3
Corruption, Crime and
Misconduct Act 2003
4
5 34. Public Sector Management Act 1994 amended
6 (1) This section amends the Public Sector Management Act 1994.
7 (2) In section 24D(2) in the Penalty delete "$1 000." and insert:
8
9 $10 000.
10
11 (3) In section 24D(3) in the Penalty delete "$1 000." and insert:
12
13 $10 000.
14
15 (4) In Schedule 3 clause 3(4) delete "$1 000." and insert:
16
17 $10 000.
18
19 (5) In Schedule 3 clause 4(1) delete "$1 000." and insert:
20
21 $10 000.
22
23 (6) In Schedule 3 clause 5(1) and (2) delete "$1 000." and insert:
24
25 $10 000.
26
page 45
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 2 Other Acts amended
s. 35
1 35. Terrorism (Preventative Detention) Act 2006 amended
2 (1) This section amends the Terrorism (Preventative Detention)
3 Act 2006.
4 (2) In section 4(1) delete the definition of allegation of misconduct.
5 (3) In section 4(1) insert in alphabetical order:
6
7 allegation of serious misconduct has the same
8 meaning as in the Corruption, Crime and Misconduct
9 Act 2003;
10
11 (4) In section 4(1) in the definition of Corruption and Crime
12 Commission delete "Corruption and Crime Commission
13 Act 2003;" and insert:
14
15 Corruption, Crime and Misconduct Act 2003;
16
17 (5) In section 42(2):
18 (a) delete "Corruption and Crime Commission Act 2003,"
19 and insert:
20
21 Corruption, Crime and Misconduct Act 2003,
22
23 (b) delete "misconduct" and insert:
24
25 serious misconduct
26
27 (6) In section 43(1)(e) delete "misconduct" and insert:
28
29 serious misconduct
30
page 46
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Other Acts amended Division 2
s. 36
1 (7) In section 46(3)(h) and (4)(g) delete "misconduct" and insert:
2
3 serious misconduct
4
5 (8) Delete section 55(1)(b) and insert:
6
7 (b) a function under the Corruption, Crime and
8 Misconduct Act 2003 of the Corruption and
9 Crime Commission, the Commissioner under
10 that Act, the Public Sector Commissioner or the
11 Parliamentary Inspector; or
12
13 Note: The heading to amended section 42 is to read:
14 Contacting proper authorities to make complaints, allegations of
15 serious misconduct and representations
16 36. References in other Acts to "Corruption and Crime
17 Commission Act 2003" amended
18 (1) This section amends the Acts listed in the Table.
19 (2) In the provisions listed in the Table:
20 (a) delete "Corruption and Crime Commission Act 2003"
21 (each occurrence) and insert:
22
23 Corruption, Crime and Misconduct Act 2003
24
25 (b) delete "Corruption and Crime Commission Act 2003" (each
26 occurrence) and insert:
27
28 Corruption, Crime and Misconduct Act 2003
29
page 47
Corruption and Crime Commission Amendment Bill 2012
Part 2 Misconduct
Division 2 Other Acts amended
s. 36
1 Table
Children's Court of Western s. 51A(3)(d)
Australia Act 1988
Constitution Acts Amendment Sch. V Pt. 1 Div. 2
Act 1899
Co-operatives Act 2009 s. 476(5)(h)
Court Security and Custodial s. 38(l)
Services Act 1999
Criminal Investigation Act 2006 s. 115 def. of CCC, CCC officer
and Parliamentary Inspector
Cross-border Justice Act 2008 s. 103(1) def. of judicial body
par. (b)
Gaming and Wagering s. 20A(3)
Commission Act 1987
Juries Act 1957 s. 56B(2)(ba) and (bb),
56C(2)(ba) and (bb), Sch. 1
Div. 2 cl. 4(a), (b) and (c)
Liquor Control Act 1988 s. 30(2)
Magistrates Court Act 2004 s. 33(7)(d)
Prisons Act 1981 s. 3(1) def. of judicial body
par. (b), 15C(l)
Public Interest Disclosure s. 3(1) def. of Corruption and
Act 2003 Crime Commission, 11(3),
16(1)(f) and (3)(g)
page 48
Corruption and Crime Commission Amendment Bill 2012
Misconduct Part 2
Other Acts amended Division 2
s. 36
Royal Commissions Act 1968 s. 8A(1) def. of public authority
and public officer
Salaries and Allowances s. 7(1)
Act 1975
Spent Convictions Act 1988 Sch. 3 cl. 1(1) Table it. 10B(a) to
(h)
Surveillance Devices Act 1998 s. 3(1) def. of Corruption and
Crime Commission and officer
of the Corruption and Crime
Commission and (4) def. of
misconduct, 23(3), 33(3)
Telecommunications s. 3(1) def. of certifying officer
(Interception and Access) par. (aa), chief officer par. (aa),
Western Australia Act 1996 Corruption and Crime
Commission and officer
par. (aa)
Terrorism (Extraordinary s. 20(2)
Powers) Act 2005
Witness Protection (Western s. 3(1) def. of Corruption and
Australia) Act 1996 Crime Commission and officer
of the Corruption and Crime
Commission, 14(2a), 34(2a)
page 49
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 37
1 Part 3 -- Major crime and organised crime
2 Division 1 -- Corruption and Crime Commission Act 2003
3 amended
4 37. Act amended
5 This Division amends the Corruption and Crime Commission
6 Act 2003.
7 38. Long title amended
8 In the long title in the 1st bullet point delete "Commission;" and
9 insert:
10
11 Commission with functions with respect to major
12 crime and organised crime and with respect to
13 serious misconduct by public officers; and
14
15 39. Section 3 amended
16 (1) In section 3(1) delete the definitions of:
17 organised crime
18 organised crime examination
19 organised crime summons
20 Schedule 1 offence
21 section 5 offence
22 (2) In section 3(1) insert in alphabetical order:
23
24 criminal activity examination means an examination
25 to which a person is summoned under a criminal
26 activity summons;
27 criminal activity summons means a summons issued
28 under section 96 on an application by the
29 Commissioner of Police under section 48;
page 50
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 40
1 major crime has the meaning given in section 5(1);
2 organised crime has the meaning given in
3 section 6A(1);
4 Reference Group means the Organised Crime
5 Reference Group established by section 84D;
6
7 (3) In section 3(1) in the definition of investigation delete "referred
8 to in section 32;" and insert:
9
10 conducted under section 32(2)) or Part 5A;
11
12 40. Section 5 replaced
13 Delete section 5 and insert:
14
15 5. Major crime
16 (1) Major crime is an activity or course of activity for the
17 purpose of committing one or more major offences.
18 (2) For the purposes of subsection (1), a major offence
19 is --
20 (a) an offence punishable by 14 or more years'
21 imprisonment (a primary offence); or
22 (b) an offence (an incidental offence) that is
23 suspected of being directly or indirectly
24 connected with or related to, or of being part of,
25 a course of activity involving the commission
26 of a primary offence (whether or not the nature
27 of the primary offence is identifiable); or
28 (c) any of the following offences (an ancillary
29 offence) --
30 (i) an offence of conspiring to commit a
31 primary offence;
page 51
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 41
1 (ii) an offence of aiding, abetting,
2 counselling or procuring, or being in
3 any way knowingly concerned in, the
4 commission of a primary offence;
5 (iii) an offence of attempting to commit a
6 primary offence.
7 6A. Organised crime
8 (1) Organised crime is the activities of a group (however
9 organised and whether or not having an identifiable
10 organisational structure) of 2 or more persons (whether
11 or not all or any of those persons are in the State) who
12 act in concert for the purpose of committing one or
13 more serious offences.
14 (2) For the purposes of subsection (1), a serious offence is
15 an offence punishable by 2 or more years'
16 imprisonment.
17
18 41. Section 7A amended
19 In section 7A(a) delete "organised crime; and" and insert:
20
21 major crime and organised crime; and
22
23 42. Section 7B amended
24 Delete section 7B(1) and (2) and insert:
25
26 (1) The Act's purpose in relation to major crime and
27 organised crime is to be achieved primarily by
28 conferring functions on a permanent commission called
29 the Corruption and Crime Commission.
page 52
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 43
1 (2) The Commission is --
2 (a) to be able to authorise the use by the police
3 service of investigative powers not ordinarily
4 available to the police service to investigate
5 effectively particular cases of major crime or
6 organised crime; and
7 (b) to be able to investigate particular cases of
8 organised crime and organised crime generally.
9
10 43. Section 21 amended
11 In section 21 delete "Part 4." and insert:
12
13 Parts 4 and 5A.
14
15 Note: The heading to amended section 21 is to read:
16 Major crime and organised crime functions
17 44. Part 4 heading amended
18 In the heading to Part 4 delete "Organised crime:" and
19 insert:
20
21 Major crime and organised crime:
22
23 45. Section 45 amended
24 In section 45 insert in alphabetical order:
25
26 criminal activity means major crime or organised
27 crime;
28
page 53
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 46
1 46. Section 46 amended
2 In section 46(1):
3 (a) delete paragraph (a) and insert:
4
5 (a) there are reasonable grounds for suspecting that
6 criminal activity --
7 (i) has or may have occurred; or
8 (ii) is or may be occurring; or
9 (iii) is or may be about to occur; or
10 (iv) is likely to occur;
11 and
12
13 (b) in paragraph (b) delete "the offence" and insert:
14
15 that activity
16
17 (c) in paragraph (c)(i) delete "offence" and insert:
18
19 activity
20
21 47. Section 47 replaced
22 Delete section 47 and insert:
23
24 47. Purpose of Divisions 2 to 5
25 (1) The purpose of Divisions 2 to 5 is to facilitate the
26 investigation of criminal activity that --
27 (a) has or may have occurred; or
28 (b) is or may be occurring; or
29 (c) is or may be about to occur; or
page 54
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 48
1 (d) is likely to occur.
2 (2) The investigation of criminal activity includes the
3 investigation of a suspicion that criminal activity --
4 (a) has or may have occurred; or
5 (b) is or may be occurring; or
6 (c) is or may be about to occur; or
7 (d) is likely to occur.
8 (3) Divisions 2 to 5 apply if the Commission has made an
9 exceptional powers finding in respect of the criminal
10 activity concerned.
11
12 48. Section 48 amended
13 In section 48 delete "an organised crime summons," and insert:
14
15 a criminal activity summons,
16
17 49. Section 49 amended
18 (1) In section 49(1) delete "an organised crime examination," and
19 insert:
20
21 a criminal activity examination,
22
23 (2) In section 49(2) delete "an organised crime summons" and
24 insert:
25
26 a criminal activity summons
27
page 55
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 50
1 50. Section 50 amended
2 In section 50(1) delete "an organised crime summons" and
3 insert:
4
5 a criminal activity summons
6
7 51. Section 52 amended
8 (1) In section 52(1):
9 (a) delete "section 5 offence," and insert:
10
11 criminal activity,
12
13 (b) delete paragraph (a) and insert:
14
15 (a) at any time enter any place where there are
16 reasonable grounds for suspecting that the
17 activity --
18 (i) has or may have occurred; or
19 (ii) is or may be occurring; or
20 (iii) is or may be about to occur; or
21 (iv) is likely to occur;
22 and
23
24 (2) In section 52(2):
25 (a) in paragraph (c) delete "offence; and" and insert:
26
27 activity; and
28
page 56
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 52
1 (b) in paragraph (d) delete "offence." and insert:
2
3 activity.
4
5 Note: The heading to amended section 52 is to read:
6 Criminal activity: enhanced police powers to enter etc. places
7 52. Section 53 amended
8 In section 53(1):
9 (a) in paragraph (a) delete "commission of the section 5
10 offence; or" and insert:
11
12 criminal activity; or
13
14 (b) in paragraph (b) delete "offence." and insert:
15
16 activity.
17
18 Note: The heading to amended section 53 is to read:
19 Criminal activity: enhanced police powers to stop etc. people and
20 conveyances
21 53. Section 63 amended
22 (1) In section 63 delete the definition of criminal activity.
23 (2) In section 63 in the definition of controlled operation in
24 paragraph (c) delete "activity;" and insert:
25
26 activity.
27
page 57
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 54
1 54. Section 68 amended
2 In section 68(2)(b) delete "organised crime." and insert:
3
4 criminal activity.
5
6 55. Section 69 amended
7 In section 69(2)(b)(ii) delete "organised crime," and insert:
8
9 criminal activity,
10
11 56. Section 72 amended
12 In section 72(2)(b) delete "organised crime." and insert:
13
14 criminal activity.
15
16 57. Part 5A inserted
17 After section 83 insert:
18
19 Part 5A -- Organised crime: investigations by
20 Commission
21 Division 1 -- Preliminary
22 84A. Terms used
23 In this Part --
24 general referral has the meaning given in
25 section 84H(1)(a);
page 58
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 57
1 referral --
2 (a) means a referral made under section 84H(1) or
3 confirmed under section 84N(3)(a); and
4 (b) includes a referral as amended under
5 section 84L;
6 referred matter, in relation to a referral, means the
7 organised crime that stands referred to the Commission
8 for investigation under the referral;
9 specific referral has the meaning given in
10 section 84H(1)(b).
11 Division 2 -- Investigations of organised crime
12 84B. Investigative function
13 Without limiting the Commission's functions in
14 relation to organised crime, the Commission has the
15 function of investigating organised crime referred to it
16 under Division 3 by the Reference Group.
17 84C. Powers
18 For the purposes of investigating a referred matter, the
19 Commission has the powers under Parts 6 and 7.
20 Division 3 -- Organised Crime Reference Group
21 84D. Establishment and membership
22 The Organised Crime Reference Group is established
23 and consists of 2 or 3 members.
24 84E. Member: Commissioner or person acting or
25 authorised
26 One member of the Reference Group is --
27 (a) the Commissioner; or
page 59
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 57
1 (b) if there is a vacancy in the office of
2 Commissioner -- a person appointed under this
3 Act to act in that office during the vacancy; or
4 (c) if the Commissioner is unable to participate in
5 the Reference Group because he or she is
6 unable to perform the functions of that office or
7 is absent from the State -- a person appointed
8 under this Act to act in that office for that
9 reason; or
10 (d) if the Commissioner is unable to participate in
11 the Reference Group because he or she has
12 under section 13 declared himself or herself
13 unable to act -- a person appointed under
14 section 14(1)(c) to act in that office for that
15 reason; or
16 (e) an Assistant Commissioner who is authorised
17 by a member referred to in paragraph (a), (b),
18 (c) or (d) to attend a meeting of the Reference
19 Group on that member's behalf when that
20 member is unable to do so.
21 84F. Member: Police Commissioner or person acting or
22 authorised
23 One member of the Reference Group is --
24 (a) the Commissioner of Police; or
25 (b) if there is a vacancy in the office of
26 Commissioner of Police -- a person who is
27 appointed to act in that office during the
28 vacancy; or
29 (c) if the Commissioner of Police is unable to
30 participate in the Reference Group -- a person
31 who is appointed to act in that office for that
32 reason; or
33 (d) a police officer holding or acting in an office of
34 Deputy Commissioner who is authorised by a
page 60
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 57
1 member referred to in paragraph (a), (b) or (c)
2 to attend a meeting of the Reference Group on
3 that member's behalf when that member is
4 unable to do so.
5 84G. Third member
6 (1) The Governor may appoint a third member of the
7 Reference Group.
8 (2) A person is qualified for appointment under
9 subsection (1) if the person --
10 (a) has served as, or is qualified for appointment
11 as, a judge of the Supreme Court or the District
12 Court; or
13 (b) has served as, or is qualified for appointment
14 as, a judge of the Supreme Court of another
15 State or Territory, the High Court of Australia
16 or the Federal Court of Australia.
17 (3) The member --
18 (a) holds office for the term (not exceeding
19 5 years) specified in the instrument of
20 appointment; and
21 (b) is entitled to be paid the remuneration and
22 allowances determined by the Governor on the
23 recommendation of the Minister after
24 consultation with the Public Sector
25 Commissioner.
26 (4) The member may resign from office by writing signed
27 and given to the Governor and the resignation takes
28 effect on the later of the following --
29 (a) receipt by the Governor;
30 (b) the day specified in the resignation.
31 (5) In respect of any matter for decision by the Reference
32 Group, the member does not have a deliberative vote or
33 a casting vote.
page 61
Corruption and Crime Commission Amendment Bill 2012
Part 3 Major crime and organised crime
Division 1 Corruption and Crime Commission Act 2003 amended
s. 57
1 84H. Referrals to Commission
2 (1) The Reference Group may refer --
3 (a) a particular kind of organised crime to the
4 Commission for investigation (a general
5 referral); or
6 (b) a particular incident of organised crime to the
7 Commission for investigation (a specific
8 referral).
9 (2) A general referral --
10 (a) must identify the organised crime to be
11 investigated by the Commission; and
12 (b) may identify either or both of the following --
13 (i) the persons involved or suspected of
14 being involved;
15 (ii) the activities constituting, or suspected
16 of constituting, the organised crime.
17 (3) A specific referral must identify --
18 (a) the particular incident of organised crime to be
19 investigated by the Commission; and
20 (b) at least one of the following --
21 (i) the persons involved or suspected of
22 being involved;
23 (ii) the activities constituting, or suspected
24 of constituting, the particular incident.
25 (4) A referral may relate to any circumstances implying, or
26 any allegations, that a particular kind of organised
27 crime or particular incident of organised crime --
28 (a) has or may have occurred; or
29 (b) is or may be occurring; or
30 (c) is or may be about to occur; or
31 (d) is likely to occur.
page 62
Corruption and Crime Commission Amendment Bill 2012
Major crime and organised crime Part 3
Corruption and Crime Commission Act 2003 amended Division 1
s. 57
1 (5) The Reference Group cannot refer a matter to the
2 Commission for investigation unless the members
3 referred to in sections 84E and 84F agree to --
4 (a) the particular kind of organised crime or
5 particular incident of organised crime being
6 referred; and
7 (b) the terms of the referral.
8 (6) A referral must be in writing signed by each member of
9 the Reference Group and must be given to the
10 Commission.
11 84I. Matters relevant to decision to make referral
12 (1) The Reference Group may make a referral only if
13 satisfied that it is in the public interest to refer the
14 particular kind of organised crime or particular incident
15 of organised crime to the Commission for
16 investigation.
17 (2) Without limiting the matters to which the Reference
18 Group may have regard in deciding whether or not to
19 refer a particular kind of organised crime or particular
20 incident of organised crime to the Commission for
21 investigation, the Reference Group may have regard to
22 the following --
23 (a) the seriousness of, or the consequences of, the
24 particular kind of organised crime or particular
25 incident of organised crime;
26 (b) the number of persons that may be involved;
27 (c) the degree of planning and organisation likely
28 to be involved;
29 (d) the persons likely to be responsible for that
30 planning and organisation;
31 (e) the likely involvement of those persons in
32 similar activities;
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1 (f) the financial or other benefits likely to be
2 derived by any person;
3 (g) whether investigation by the Commission is a
4 justifiable use of resources.
5 (3) Without limiting the matters to which the Reference
6 Group may have regard in deciding whether or not to
7 refer a particular kind of organised crime to the
8 Commission for investigation, the Reference Group
9 may also have regard to the likely effectiveness of an
10 investigation of that particular kind of organised crime
11 using the powers already available to the police
12 service, including any exceptional powers that may be
13 given under Part 4.
14 84J. Terms of referral
15 (1) A referral must --
16 (a) set out the details of the referred matter; and
17 (b) specify whether the referred matter --
18 (i) must be investigated by the Commission
19 alone; or
20 (ii) may be investigated by the Commission
21 in cooperation with the police service or
22 another law enforcement agency of this
23 State, the Commonwealth, another State
24 or a Territory.
25 (2) A referral may include any limitations or conditions in
26 respect of the Commission's investigation of the
27 referred matter that the Reference Group considers
28 appropriate.
29 (3) The Commission must comply with those limitations or
30 conditions.
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1 84K. Particular incident of organised crime identified
2 during investigation under general referral
3 (1) This section applies if the Commissioner notifies the
4 Reference Group in writing that the Commission has
5 commenced the investigation of a particular incident of
6 organised crime under a general referral.
7 (2) As soon as practicable after being notified, the
8 Reference Group must consider whether to do any of
9 the following --
10 (a) make a specific referral under
11 section 84H(1)(b) in respect of the particular
12 incident of organised crime;
13 (b) amend the terms of the general referral under
14 section 84L(1) to include the particular incident
15 of organised crime;
16 (c) withdraw the general referral under
17 section 84M(1)(a).
18 (3) The Commission may continue the investigation of the
19 particular incident of organised crime under the general
20 referral until the Commission is notified of the
21 Reference Group's decision under subsection (2).
22 84L. Amendment of terms of referral
23 (1) The Reference Group may amend the terms of a
24 referral, but only if the members referred to in
25 sections 84E and 84F agree to the amendment.
26 (2) An amendment must be in writing signed by each
27 member of the Reference Group and must be given to
28 the Commission.
29 84M. Withdrawal of referral
30 (1) The Reference Group --
31 (a) may withdraw a referral; and
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1 (b) must withdraw a referral if a member referred
2 to in section 84E or 84F advises each of the
3 other members of the Reference Group in
4 writing that the member no longer agrees to the
5 referral.
6 (2) The withdrawal of a referral must be in writing signed
7 by each member of the Reference Group and given to
8 the Commission.
9 (3) The withdrawal of a referral ends any investigation by
10 the Commission of the referred matter.
11 84N. Review and lapse of general referral
12 (1) The Reference Group must review each general referral
13 within 5 years after it was made or last confirmed
14 under subsection (3)(a).
15 (2) In conducting a review, section 84I applies as if a
16 reference to a decision whether or not to make a
17 general referral were a reference to a decision whether
18 or not to confirm a general referral.
19 (3) After reviewing a general referral, the Reference Group
20 may --
21 (a) confirm the referral, with or without any
22 amendment under section 84L; or
23 (b) withdraw the referral under section 84M(1)(a).
24 (4) If the Reference Group does not review a general
25 referral within the 5-year period referred to in
26 subsection (1), the referral lapses.
27 (5) The lapse of a referral ends any investigation by the
28 Commission of the referred matter.
29
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1 58. Section 84 amended
2 After section 84(2) insert:
3
4 (3A) The Commission may at any time prepare a report on
5 the investigation of a referred matter under Part 5A
6 Division 2.
7
8 59. Section 91 amended
9 In section 91(2):
10 (a) in paragraph (b) delete "Commission;" and insert:
11
12 Commission, whether alone or in cooperation
13 with another person or body;
14
15 (b) after paragraph (b) insert:
16
17 (ca) if during the year the Commission completed
18 its investigation under Part 5A Division 2 of a
19 referred matter -- a description of the referred
20 matter;
21
22 (c) in paragraph (e) delete "Commission" and insert:
23
24 Commission, whether alone or in cooperation with
25 another person or body,
26
27 60. Section 137 amended
28 In section 137 delete "an organised crime summons" and insert:
29
30 a criminal activity summons
31
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Division 2 Surveillance Devices Act 1998 amended
s. 61
1 61. Section 140 amended
2 Delete section 140(1) and insert:
3
4 (1) This section does not apply to --
5 (a) a criminal activity examination; or
6 (b) an examination conducted for the purposes of
7 an investigation under Part 5A Division 2.
8
9 62. Schedule 1 deleted
10 Delete Schedule 1.
11 Division 2 -- Surveillance Devices Act 1998 amended
12 63. Act amended
13 This Division amends the Surveillance Devices Act 1998.
14 64. Section 18A amended
15 (1) Delete section 18A(1) and insert:
16
17 (1) In this section --
18 organised crime offence means a serious offence, as
19 defined in the Corruption, Crime and Misconduct
20 Act 2003 section 6A(2), committed in the course of
21 organised crime as defined in section 6A(1) of that Act.
22
23 (2) In section 18A(2)(a) delete "a section 5 offence; or" and insert:
24
25 an organised crime offence; or
26
27 (3) In section 18A(3)(b) delete "a section 5 offence" and insert:
28
29 an organised crime offence
30
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1 Part 4 -- Assumed identities and controlled operations
2 65. Act amended
3 This Part amends the Corruption and Crime Commission
4 Act 2003.
5 66. Section 60 amended
6 Delete section 60(2)(a) and insert:
7
8 (a) Part 6 Division 3 applies to and in respect of
9 the exercise of that power, that police officer,
10 the approval granted and the acquisition and
11 use of the assumed identity under the approval
12 granted --
13 (i) as if the police officer were an officer of
14 the Commission; and
15 (ii) as if a reference in that Division to
16 organised crime were a reference to
17 criminal activity; and
18 (iii) with any other necessary modifications;
19 and
20
21 67. Section 64 amended
22 Delete section 64(3)(a) and insert:
23
24 (a) Part 6 Division 4 applies to and in respect of
25 the exercise of that power, the police officers
26 concerned, the authority granted and any
27 conduct under the authority --
28 (i) as if the police officers were officers of
29 the Commission; and
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1 (ii) as if a reference in that Division to a
2 relevant activity were a reference to
3 criminal activity; and
4 (iii) with any other necessary modifications;
5 and
6
7 68. Part 6 Division 3 Subdivision 1 heading inserted
8 At the beginning of Part 6 Division 3 insert:
9
10 Subdivision 1 -- Preliminary
11
12 69. Section 102 amended
13 In section 102 insert in alphabetical order:
14
15 authorised officer means an officer of the Commission
16 who is authorised under an assumed identity approval
17 to acquire or use an assumed identity;
18
19 70. Part 6 Division 3 Subdivision 2 heading inserted
20 After section 102 insert:
21
22 Subdivision 2 -- Approval of acquisition and use of
23 assumed identities
24
25 71. Section 103 amended
26 (1) After section 103(1) insert:
27
28 (2A) The Commission must not grant the approval unless
29 satisfied on reasonable grounds of the following --
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1 (a) the assumed identity is necessary for the
2 purposes of the investigation of serious
3 misconduct or organised crime;
4 (b) the risk of abuse of the assumed identity by the
5 officer is minimal.
6
7 (2) Delete section 103(3) and (4) and insert:
8
9 (3) A separate approval must be given in respect of each
10 assumed identity to be acquired and used.
11 (4) The approval must specify the following --
12 (a) the date of the approval;
13 (b) the details of the assumed identity approved;
14 (c) the name of the officer of the Commission to
15 whom the approval applies;
16 (d) the evidence of the assumed identity that may
17 be acquired under the approval;
18 (e) why the approval is granted.
19
20 72. Section 104 amended
21 In section 104(1) delete "an assumed identity" and insert:
22
23 the assumed identity
24
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1 73. Section 111A inserted
2 After section 110 insert:
3
4 111A. Assumed identity approvals to be reviewed
5 periodically
6 (1) The Commission must review each assumed identity
7 approval at least once every 6 months while the
8 approval is in force.
9 (2) The purpose of a review is to determine whether use of
10 the assumed identity under the approval is still
11 necessary.
12 (3) If the Commission is satisfied on a review that use of
13 the assumed identity under the approval is no longer
14 necessary, the Commission must cancel the approval
15 under section 103(6).
16 (4) If the Commission is satisfied on a review that use of
17 the assumed identity under the approval is still
18 necessary, the Commissioner must record that opinion,
19 and the reasons for it, in writing.
20
21 74. Part 6 Division 3 Subdivision 3 heading inserted
22 Before section 111 insert:
23
24 Subdivision 3 -- Acquisition and use of assumed identities
25
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1 75. Section 114A inserted
2 After section 113 insert:
3
4 114A. Effect of being unaware of variation or cancellation
5 of approval
6 (1) If an assumed identity approval has been varied in a
7 way that limits its scope, sections 104, 111(2), 112 and
8 113 continue to apply to the authorised officer to whom
9 the approval applies as if it had not been varied in that
10 way, but only for so long as the officer --
11 (a) is unaware of the variation; and
12 (b) is not reckless about the existence of the
13 variation.
14 (2) If an assumed identity approval has been cancelled,
15 sections 104, 111(2), 112 and 113 continue to apply to
16 the authorised officer to whom the approval applied as
17 if it had not been cancelled, but only for so long as the
18 officer --
19 (a) is unaware of the cancellation; and
20 (b) is not reckless about the existence of the
21 cancellation.
22 (3) For the purposes of this section, an authorised officer is
23 reckless about the existence of the variation or
24 cancellation of an assumed identity approval if --
25 (a) the officer is aware of a substantial risk that the
26 approval has been varied or cancelled; and
27 (b) having regard to the circumstances known to
28 the officer, it is unjustifiable to take the risk.
29
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1 76. Section 115 replaced
2 Delete section 115 and insert:
3
4 115. Disclosing information about assumed identity
5 (1) A person must not disclose any information that
6 reveals, or is likely to reveal, that an assumed identity
7 that another person is authorised to acquire or use
8 under an assumed identity approval is not the other
9 person's real identity except --
10 (a) in connection with the administration or
11 execution of this Division; or
12 (b) for the purposes of any legal proceeding arising
13 out of or otherwise related to this Division or of
14 any report of any such proceeding; or
15 (c) to a law enforcement agency of this State, the
16 Commonwealth, another State or a Territory for
17 the purposes of a law enforcement operation
18 conducted by that agency; or
19 (d) to a person or body whose functions under a
20 law of the Commonwealth, another State or a
21 Territory correspond with those of the
22 Commission under Part 3 for the purposes of an
23 inquiry or investigation conducted by that
24 person or body; or
25 (e) in accordance with any requirement imposed by
26 law.
27 Penalty: imprisonment for 10 years.
28 Summary conviction penalty: a fine of $24 000 or
29 imprisonment for 2 years.
30 (2) An offence under subsection (1) is a crime.
31
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1 77. Section 118 deleted
2 Delete section 118.
3 78. Part 6 Division 3 Subdivisions 4 and 5 inserted
4 At the end of Part 6 Division 3 insert:
5
6 Subdivision 4 -- Reporting and record-keeping
7 119A. Reports about assumed identity approvals
8 (1) As soon as practicable after the end of each financial
9 year, the Commissioner must submit a report to the
10 Minister that includes all of the following information
11 for the year --
12 (a) the number of assumed identity approvals
13 granted during the year;
14 (b) a general description of the activities
15 undertaken by authorised officers when using
16 assumed identities under this Division during
17 the year;
18 (c) the number of applications for assumed identity
19 approvals that were refused during the year;
20 (d) a statement as to whether or not any fraud or
21 other unlawful activity was identified by an
22 audit under section 119C during the year;
23 (e) any other information relating to assumed
24 identity approvals and assumed identities and
25 the administration of this Division that the
26 Minister considers appropriate.
27 (2) The Commissioner must advise the Minister of any
28 information in the report that, in the Commissioner's
29 opinion, should be excluded from the report before the
30 report is laid before each House of Parliament because
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1 the information, if made public, could reasonably be
2 expected to --
3 (a) endanger a person's safety; or
4 (b) prejudice an investigation or prosecution; or
5 (c) compromise the operational activities or
6 methodologies of any of the following --
7 (i) the Commission;
8 (ii) another law enforcement agency of this
9 State, the Commonwealth, another State
10 or a Territory;
11 (iii) a person or body whose functions under
12 a law of the Commonwealth, another
13 State or a Territory correspond with
14 those of the Commission under Part 3.
15 (3) The Minister must exclude information from the report
16 if satisfied on the advice of the Commissioner of any of
17 the grounds set out in subsection (2).
18 (4) The Minister must cause a copy of the report to be laid
19 before each House of Parliament within 15 sitting days
20 after the day on which the report is received by the
21 Minister.
22 119B. Record keeping
23 (1) The Commissioner must cause appropriate records to
24 be kept about the operation of this Division.
25 (2) The records must include all of the following in respect
26 of each assumed identity approval granted, varied or
27 cancelled under this Division --
28 (a) the date on which the approval was granted,
29 varied or cancelled;
30 (b) the name of the authorised officer under the
31 approval, together with details of the assumed
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1 identity to which the approval applies or
2 applied;
3 (c) details of any request made to an issuing
4 agency under section 105 in respect of the
5 approval;
6 (d) the general nature of the duties undertaken by
7 the authorised officer under the assumed
8 identity;
9 (e) general details of relevant financial transactions
10 entered into using the assumed identity;
11 (f) details of any reviews of the approval under
12 section 111A.
13 119C. Audit of records
14 (1) The Commissioner must arrange for the records kept
15 under section 119B for each approval to be audited --
16 (a) at least once every 6 months while the approval
17 is in force; and
18 (b) at least once in the 6 months after the
19 cancellation or expiry of the approval.
20 (2) The audit is to be conducted by a person appointed by
21 the Commissioner.
22 (3) The person appointed to conduct the audit --
23 (a) may, but need not, be an officer of the
24 Commission; and
25 (b) must not be a person who is or was an
26 authorised officer under any of the approvals to
27 which the records kept under section 119B
28 relate.
29 (4) The results of the audit are to be reported to the
30 Commissioner.
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1 Subdivision 5 -- Transitional provision for Corruption and
2 Crime Commission Amendment Act 2012
3 119D. Assumed identity approvals granted before
4 commencement of Part 4
5 The amendments effected by the Corruption and Crime
6 Commission Amendment Act 2012 Part 4 do not apply
7 in relation to an assumed identity approval granted
8 before the commencement of that Part or in relation to
9 any assumed identity to which that approval applies.
10
11 79. Part 6 Division 4 Subdivision 1 heading inserted
12 At the beginning of Part 6 Division 4 insert:
13
14 Subdivision 1 -- Preliminary
15
16 80. Section 119 amended
17 (1) In section 119 insert in alphabetical order:
18
19 controlled operation authority means an authority to
20 conduct a controlled operation;
21 formal variation of an authority has the meaning
22 given in section 124(3)(a);
23 illicit goods means goods the possession of which is an
24 offence under the law of the State;
25 principal officer, for an authorised operation, means
26 the officer of the Commission who is responsible for
27 the conduct of the operation;
28 relevant activity means --
29 (a) serious misconduct; or
30 (b) organised crime;
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1 urgent variation of an authority has the meaning
2 given in section 124(3)(b).
3
4 (2) In section 119 in the definition of formal authority delete
5 "section 121(2);" and insert:
6
7 section 121(2)(a);
8
9 (3) In section 119 in the definition of urgent authority delete
10 "section 121(2)." and insert:
11
12 section 121(2)(b);
13
14 81. Part 6 Division 4 Subdivision 2 heading inserted
15 After section 120 insert:
16
17 Subdivision 2 -- Authorisation of controlled operations or
18 integrity testing programmes
19
20 82. Section 121 amended
21 (1) After section 121(1) insert:
22
23 (2A) The Commission must not grant the authority unless
24 satisfied on reasonable grounds of the following --
25 (a) a relevant activity has been, is being or is likely
26 to be engaged in;
27 (b) the nature and extent of the suspected relevant
28 activity are such as to justify the conduct of a
29 controlled operation;
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1 (c) any unlawful conduct involved in conducting
2 the controlled operation will be limited to the
3 maximum extent consistent with conducting an
4 effective controlled operation;
5 (d) the controlled operation will be conducted in a
6 way that will minimise the risk of more illicit
7 goods being under the control of persons (other
8 than officers of the Commission) at the end of
9 the operation than are reasonably necessary to
10 enable the officers of the Commission to
11 achieve the purpose of the controlled operation;
12 (e) the controlled operation will be capable of
13 being accounted for in a way that will enable
14 the reporting requirements of Subdivision 4 to
15 be complied with;
16 (f) the controlled operation will not be conducted
17 in such a way that a person is likely to be
18 induced to engage in a relevant activity that the
19 person would not otherwise have intended to
20 engage in;
21 (g) any conduct involved in the controlled
22 operation will not --
23 (i) seriously endanger the health or safety
24 of any person; or
25 (ii) cause the death of, or serious injury to,
26 any person; or
27 (iii) involve the commission of a sexual
28 offence against any person; or
29 (iv) result in substantial unlawful loss of or
30 serious damage to property (other than
31 illicit goods);
32 (h) any role assigned to a civilian participant in the
33 controlled operation is not one that could be
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1 adequately performed by an officer of the
2 Commission.
3
4 (2) In section 121(2)(b) delete "by such other means" and insert:
5
6 if the Commission is satisfied that the delay
7 that would be caused by granting a formal
8 authority may affect the success of the
9 controlled operation -- by such other means
10
11 (3) Delete section 121(3)(e) and insert:
12
13 (e) specify the period for which the authority is to
14 remain in force, which period must not
15 exceed --
16 (i) for a formal authority -- 3 months; or
17 (ii) for an urgent authority -- 7 days;
18 and
19
20 83. Section 122 amended
21 In section 122(1):
22 (a) in paragraph (a) delete "misconduct" and insert:
23
24 a relevant activity
25
26 (b) delete paragraph (b) and insert:
27
28 (b) engage in conduct that is likely to --
29 (i) seriously endanger the health or safety
30 of any person; or
31 (ii) cause the death of, or serious injury to,
32 any person; or
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1 (iii) involve the commission of a sexual
2 offence against any person; or
3 (iv) result in substantial unlawful loss of or
4 serious damage to property (other than
5 illicit goods).
6
7 84. Part 6 Division 4 Subdivision 3 heading inserted
8 After section 127 insert:
9
10 Subdivision 3 -- Conduct of authorised operations
11
12 85. Section 130A inserted
13 After section 129 insert:
14
15 130A. Effect of s. 128 and 129 on other laws of the State
16 Sections 128 and 129 do not apply to a person's
17 conduct that is, or could have been, authorised under a
18 law of the State relating to any of the following --
19 (a) arrest or detention of individuals;
20 (b) searches of individuals;
21 (c) entry onto, searches or inspections of, premises;
22 (d) searches, inspections or seizures of other
23 property;
24 (e) forensic procedures;
25 (f) electronic surveillance devices or
26 telecommunications interception;
27 (g) identification procedures;
28 (h) acquisition or use of assumed identities;
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1 (i) any other matter concerning powers of criminal
2 investigation.
3
4 86. Section 130 amended
5 In section 130:
6 (a) in paragraph (a) delete "misconduct" and insert:
7
8 a relevant activity
9
10 (b) delete paragraph (b) and insert:
11
12 (b) the activity or conduct does not involve any
13 participant in the operation engaging in any
14 conduct that is likely to --
15 (i) seriously endanger the health or safety
16 of any person; or
17 (ii) cause the death of, or serious injury to,
18 any person; or
19 (iii) involve the commission of a sexual
20 offence against any person; or
21 (iv) result in substantial unlawful loss of or
22 serious damage to property (other than
23 illicit goods).
24
25 87. Section 133A and Part 6 Division 4 Subdivision 4 inserted
26 After section 132 insert:
27
28 133A. Disclosure of information relating to authorised
29 operations
30 (1) A person who has access, or has had access, to any
31 information relating to an authorised operation must
32 not disclose the information except --
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1 (a) in connection with the administration or
2 execution of this Division; or
3 (b) for the purposes of any legal proceeding arising
4 out of or otherwise related to this Division or of
5 any report of any such proceeding; or
6 (c) for the purpose of reporting to a law
7 enforcement agency of this State, the
8 Commonwealth, another State or a Territory
9 any organised crime that is outside the scope of
10 the authority granted in respect of the
11 authorised operation; or
12 (d) for the purpose of reporting to a person or body
13 whose functions under a law of the
14 Commonwealth, another State or a Territory
15 correspond with those of the Commission under
16 Part 3 any serious misconduct that is outside
17 the scope of the authority granted in respect of
18 the authorised operation; or
19 (e) in accordance with any requirement imposed by
20 law.
21 Penalty: imprisonment for 10 years.
22 Summary conviction penalty: a fine of $24 000 or
23 imprisonment for 2 years.
24 (2) An offence under subsection (1) is a crime.
25 Subdivision 4 -- Reporting and record-keeping for
26 controlled operations
27 133B. Principal officers' reports
28 (1) Within 2 months after the completion of a controlled
29 operation, the principal officer for the operation must
30 make a report in accordance with this section to the
31 Commissioner.
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1 (2) The report must include all of the following details --
2 (a) the dates and times when the controlled
3 operation began and was completed;
4 (b) the nature of the controlled activity engaged in
5 for the purposes of the operation;
6 (c) details of the outcome of the operation;
7 (d) if the operation involved illicit goods, a
8 statement (to the extent known) of --
9 (i) the nature and quantity of the illicit
10 goods; and
11 (ii) the route through which the illicit goods
12 passed in the course of the operation;
13 (e) details of any loss of or serious damage to
14 property, or any personal injuries, occurring in
15 the course of or as a direct result of the
16 operation.
17 133C. Commissioner's reports
18 (1) As soon as practicable after 30 June and 31 December
19 in each year, the Commissioner must submit a report to
20 the Parliamentary Inspector setting out the details
21 required by subsection (2) in relation to controlled
22 operations conducted on behalf of the Commission
23 during the previous 6 months.
24 (2) The report must include all of the following details --
25 (a) the number of --
26 (i) formal authorities granted; and
27 (ii) formal variations of authorities granted;
28 and
29 (iii) applications for formal authorities or
30 formal variations of authorities refused,
31 during the period to which the report relates;
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1 (b) the number of --
2 (i) urgent authorities granted; and
3 (ii) urgent variations of authorities granted;
4 and
5 (iii) applications for urgent authorities or
6 urgent variations of authorities refused,
7 during the period to which the report relates;
8 (c) the nature of the relevant activities against
9 which the controlled operations were directed;
10 (d) the nature of the controlled activities engaged
11 in for the purposes of the controlled operations;
12 (e) if any of the controlled operations involved
13 illicit goods, a statement (to the extent known)
14 of --
15 (i) the nature and quantity of the illicit
16 goods; and
17 (ii) the route through which the illicit goods
18 passed in the course of the operations;
19 (f) details of any loss of or serious damage to
20 property, or any personal injuries, occurring in
21 the course of or as a direct result of the
22 controlled operations;
23 (g) the number of controlled operation authorities
24 cancelled, or that have expired, during the
25 period to which the report relates;
26 (h) any seizure, arrest or prosecution arising from
27 the controlled operations.
28 (3) The Parliamentary Inspector may require the
29 Commissioner to furnish additional information in
30 relation to any controlled operation to which a report
31 relates.
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1 (4) The report must not disclose any information that
2 identifies any suspect or a participant in a controlled
3 operation or that is likely to lead to such a person or
4 participant being identified.
5 (5) This section does not require particulars of a controlled
6 operation to be included in a report for a period of
7 6 months if the operation had not been completed
8 during that period, but the particulars must instead be
9 included in the report for the period of 6 months in
10 which the operation is completed.
11 133D. Annual report by Parliamentary Inspector
12 (1) As soon as practicable after 30 June in each year, the
13 Parliamentary Inspector must --
14 (a) prepare a report of the work and activities of
15 the Commission under this Division in relation
16 to controlled operations for the preceding
17 12 months; and
18 (b) give a copy of the report to each of the
19 following --
20 (i) the Minister;
21 (ii) the Commissioner.
22 (2) The Commissioner must advise the Minister of any
23 information in the report that, in the Commissioner's
24 opinion, should be excluded from the report before the
25 report is laid before each House of Parliament because
26 the information, if made public, could reasonably be
27 expected to --
28 (a) endanger a person's safety; or
29 (b) prejudice an investigation or prosecution; or
30 (c) compromise the operational activities or
31 methodologies of any of the following --
32 (i) the Commission;
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1 (ii) another law enforcement agency of this
2 State, the Commonwealth, another State
3 or a Territory;
4 (iii) a person or body whose functions under
5 a law of the Commonwealth, another
6 State or a Territory correspond with
7 those of the Commission under Part 3.
8 (3) The Minister must exclude information from the report
9 if satisfied on the advice of the Commissioner of any of
10 the grounds set out in subsection (2).
11 (4) The Minister must cause a copy of the report to be laid
12 before each House of Parliament within 15 sitting days
13 after the day on which the report is received by the
14 Minister.
15 (5) The report must include comments on the
16 comprehensiveness and adequacy of the reports that
17 were provided to the Parliamentary Inspector by the
18 Commissioner under section 133C.
19 (6) The report must not disclose any information that
20 identifies any suspect or a participant in a controlled
21 operation or that is likely to lead to such a person or
22 participant being identified.
23 (7) This section does not require particulars of a controlled
24 operation to be included in a report for a year if the
25 operation had not been completed as at 30 June in that
26 year, but the particulars must instead be included in the
27 report for the year in which the operation is completed.
28 133E. Keeping documents connected with controlled
29 operations
30 The Commissioner must cause all of the following to
31 be kept --
32 (a) each application for a formal authority made;
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1 (b) each formal authority granted;
2 (c) the written notes kept under section 121(7)(a),
3 and the written document prepared under
4 section 121(7)(b), in respect of each urgent
5 authority granted;
6 (d) each application for a formal variation of an
7 authority made;
8 (e) each formal variation of an authority granted;
9 (f) the written notes kept under section 124(5)(a),
10 and the written document prepared under
11 section 124(5)(b), in respect of each urgent
12 variation of an authority granted;
13 (g) each order cancelling a controlled operation
14 authority made;
15 (h) each report of a principal officer made under
16 section 133B.
17 133F. General register
18 (1) The Commissioner must cause a general register to be
19 kept.
20 (2) The general register is to specify --
21 (a) for each application for a controlled operation
22 authority or a variation of a controlled
23 operation authority made --
24 (i) the date of the application; and
25 (ii) whether the application was for a formal
26 authority, an urgent authority, a formal
27 variation of an authority or an urgent
28 variation of an authority; and
29 (iii) whether the application was granted,
30 refused or withdrawn; and
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1 (iv) if the application was refused or
2 withdrawn, the date and time of the
3 refusal or withdrawal;
4 and
5 (b) for each controlled operation authority
6 granted --
7 (i) the date and time when the authority
8 was granted; and
9 (ii) whether the authority was a formal
10 authority or an urgent authority; and
11 (iii) if the authority was varied --
12 (I) the date and time when the
13 variation was granted; and
14 (II) whether the variation was a
15 formal variation of the
16 authority or an urgent variation
17 of the authority;
18 (iv) each relevant activity in respect of
19 which a controlled activity under the
20 authority was to be engaged in; and
21 (v) the period of validity of the authority;
22 and
23 (vi) if the authority was cancelled, the date
24 and time of cancellation; and
25 (vii) the date and time when the controlled
26 operation began and the date of
27 completion of the operation; and
28 (viii) the date on which the principal officer
29 for the operation made a report on the
30 operation under section 133B; and
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1 (ix) if the controlled operation involved
2 illicit goods, to the extent known --
3 (I) the nature and quantity of the
4 illicit goods; and
5 (II) the route through which the
6 illicit goods passed in the
7 course of the operation;
8 and
9 (x) details of any loss of or damage to
10 property, or any personal injuries,
11 occurring in the course of or as a direct
12 result of the operation.
13 133G. Inspection of records by Parliamentary Inspector
14 The Parliamentary Inspector may at any time, and must
15 at least once every 12 months, inspect the records of
16 the Commission to determine the extent of compliance
17 with this Division in relation to controlled operations
18 by the Commission and officers of the Commission.
19
20 88. Part 6 Division 4 Subdivision 5 heading inserted
21 Before section 133 insert:
22
23 Subdivision 5 -- Legal proceedings
24
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1 89. Part 6 Division 4 Subdivision 6 inserted
2 At the end of Part 6 Division 4 insert:
3
4 Subdivision 6 -- Transitional provision for Corruption and
5 Crime Commission Amendment Act 2012
6 135A. Authorities granted before commencement of Part 4
7 The amendments effected by the Corruption and Crime
8 Commission Amendment Act 2012 Part 4 do not apply
9 in relation to an authority granted before the
10 commencement of that Part or in relation to any
11 authorised operation to which that authority applies.
12
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1 Part 5 -- Fortifications
2 90. Act amended
3 This Part amends the Corruption and Crime Commission
4 Act 2003.
5 91. Section 78A inserted
6 After section 77 insert:
7
8 78A. Rebuilding fortifications after removal or
9 modification
10 (1) A person who constructs or installs, or authorises the
11 construction or installation, of fortifications on
12 premises at which other fortifications have previously
13 been removed or modified in accordance with a
14 fortification removal notice commits a crime.
15 Penalty: a fine of $100 000 and imprisonment for
16 5 years.
17 (2) It is a defence to a charge of an offence under
18 subsection (1) to prove any of the following --
19 (a) the person did not know, and could not
20 reasonably have been expected to know, that
21 the premises were premises at which other
22 fortifications had previously been removed or
23 modified in accordance with a fortification
24 removal notice;
25 (b) the premises were not habitually used as a place
26 of resort by members of a class of people a
27 significant number of whom may reasonably be
28 expected to be involved in criminal activity;
29 (c) the construction or installation of the
30 fortifications did not result in the premises
31 being heavily fortified.
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1 (3) If a court convicts a person of an offence under
2 subsection (1), the court may order that any
3 fortifications on the premises be removed or modified
4 to the extent, and within the time, specified in the
5 order.
6 (4) An order made under subsection (3) is in addition to
7 any penalty imposed, or other order made, in respect of
8 the matter.
9 (5) If fortifications are not removed or modified in
10 accordance with an order made under subsection (3),
11 the Commissioner of Police may cause the
12 fortifications to be removed or modified to the extent
13 specified in the order.
14 (6) For the purpose of subsection (5), section 75(3) to (5)
15 apply (with the necessary changes) in relation to the
16 removal or modification of any fortifications as if the
17 removal or modification were in accordance with a
18 fortification removal notice.
19
20 92. Section 78 amended
21 (1) In section 78(2) delete "notice." and insert:
22
23 notice or an order under section 78A(3).
24
25 (2) In section 78(3)(b) delete "section 75(3)." and insert:
26
27 section 75(3) or under that subsection as applied by
28 section 78A(6).
29
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1 Part 6 -- Other amendments to Corruption and Crime
2 Commission Act 2003
3 93. Act amended
4 This Part amends the Corruption and Crime Commission
5 Act 2003.
6 94. Long title amended
7 In the long title:
8 (a) delete "Commission; and" and insert:
9
10 Commission.
11
12 (b) delete the last bullet point.
13 95. Section 3 amended
14 (1) In section 3(1) delete the definition of nominating committee.
15 (2) In section 3(1) insert in alphabetical order:
16
17 annual plan, for a financial year, means the annual
18 plan issued by the Commission under section 21C(1)
19 for that year;
20 Assistant Commissioner means a person holding,
21 acting in or performing the functions of an office of
22 Assistant Commissioner established under this Act;
23 police service means the organisation consisting of --
24 (a) police officers; and
25 (b) employees of the Police Service; and
26 (c) persons seconded to perform functions and
27 services for, or duties in the service of, the
28 Police Service;
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1 Police Service means the department of the Public
2 Service designated as the Police Service;
3 strategic priority means a strategic priority set by the
4 Commission under section 21B;
5
6 (3) In section 3(1) in the definition of Commissioner delete
7 "section 14(1)(a) or (b);" and insert:
8
9 section 14(1)(a) or (b) or 15A(1)(a) or (b);
10
11 (4) In section 3(1) in the definition of investigation delete "under
12 this Act and includes" and insert:
13
14 by the Commission, whether alone or in cooperation with
15 another body, under Part 3 (including
16
17 (5) In section 3(1) in the definition of officer of the Commission
18 after paragraph (a) insert:
19
20 (ba) an Assistant Commissioner;
21
22 (6) In section 3(1) in the definition of reviewable police action
23 delete "a police officer or an employee of the Police Service of
24 the Public Service," and insert:
25
26 a police officer, an employee of the Police Service or a person
27 seconded to perform functions and services for, or duties in the
28 service of, the Police Service
29
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1 96. Section 9 amended
2 (1) After section 9(2) insert:
3
4 (3A) The Commissioner is to be assisted by one or more
5 Assistant Commissioners.
6
7 (2) In section 9(3) delete "is to" and insert:
8
9 and each Assistant Commissioner must
10
11 (3) Delete section 9(3a) and (3b) and insert:
12
13 (4A) The Premier must recommend the appointment of a
14 person who, if there is a Standing Committee, has the
15 support of the majority of the Standing Committee and
16 bipartisan support.
17
18 (4) In section 9(4) delete "Except in the case of the first
19 appointment, before" and insert:
20
21 Before
22
23 (5) Delete section 9(4a).
24 (6) In section 9(5) delete "is to" and insert:
25
26 and each Assistant Commissioner
27
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1 (7) Delete section 9(6) and insert:
2
3 (6) The offices of Commissioner and Assistant
4 Commissioner are not offices in the Public Service.
5
6 Note: The heading to amended section 9 is to read:
7 Commissioner and Assistant Commissioners
8 97. Section 10 amended
9 (1) Delete section 10(1) and insert:
10
11 (1) A person is qualified for appointment as the
12 Commissioner or an Assistant Commissioner if the
13 person --
14 (a) has served as, or is qualified for appointment
15 as, a judge of the Supreme Court or the District
16 Court; or
17 (b) has served as, or is qualified for appointment
18 as, a judge of the Supreme Court of another
19 State or Territory, the High Court of Australia
20 or the Federal Court of Australia.
21
22 (2) In section 10(3) delete "Commissioner." and insert:
23
24 the Commissioner or an Assistant Commissioner.
25
26 (3) Delete section 10(4).
27 Note: The heading to amended section 10 is to read:
28 Qualifications for appointment
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1 98. Section 11 amended
2 In section 11 after "Commissioner" insert:
3
4 and each Assistant Commissioner
5
6 Note: The heading to amended section 11 is to read:
7 Terms and conditions of service
8 99. Section 12 amended
9 (1) In section 12(1) after "Commissioner" insert:
10
11 or an Assistant Commissioner
12
13 (2) In section 12(2):
14 (a) delete "Commissioner --" and insert:
15
16 Commissioner or an Assistant Commissioner --
17
18 (b) after "Commissioner" (second occurrence) insert:
19
20 or Assistant Commissioner
21
22 (3) In section 12(3):
23 (a) after "Commissioner" (first occurrence) insert:
24
25 or an Assistant Commissioner
26
27 (b) after "Commissioner" (second occurrence) insert:
28
29 or Assistant Commissioner
30
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1 (c) in paragraph (b) after "Commissioner" insert:
2
3 or Assistant Commissioner
4
5 Note: The heading to amended section 12 is to read:
6 Removal or suspension
7 100. Section 14 amended
8 In section 14(2a) delete "nomination and".
9 101. Section 15A inserted
10 After section 14 insert:
11
12 15A. Assistant Commissioner may be appointed to act as
13 Commissioner
14 (1) The Governor may appoint an Assistant Commissioner
15 to act in the office of Commissioner --
16 (a) during a vacancy in that office; or
17 (b) during any period or during all periods when
18 the person holding that office, or a person
19 acting under section 14(1)(a) or (b) or this
20 subsection, is unable to perform the functions
21 of that office or is absent from the State,
22 if no other person has been appointed under
23 section 14(1)(a) or (b) or this subsection to so act.
24 (2) An appointment under this section --
25 (a) may be made at any time and may be
26 terminated at any time by the Governor; and
27 (b) may be expressed to have effect only in the
28 circumstances specified in the instrument of
29 appointment.
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1 (3) Subject to this Act, the terms and conditions of
2 appointment, including remuneration and other
3 entitlements, of a person acting under this section are
4 to be as determined from time to time by the Governor.
5 (4) The validity of anything done by or in relation to a
6 person purporting to act under this section is not to be
7 called into question on the ground that --
8 (a) the occasion for an appointment under this
9 section had not arisen; or
10 (b) there is a defect or irregularity in the
11 appointment; or
12 (c) the appointment had ceased to have effect; or
13 (d) the occasion for the person to act had not arisen
14 or had ceased.
15 (5) A person cannot act under this section for a continuous
16 period exceeding 12 months.
17
18 102. Section 21AAA inserted
19 After section 21 insert:
20
21 21AAA. Functions under Criminal Property Confiscation
22 Act 2000
23 For the purpose of performing the serious misconduct
24 function or the functions set out in Part 4 or 5A, the
25 Commission has the functions that are specified under
26 the Criminal Property Confiscation Act 2000 as
27 functions of the Commission.
28
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1 103. Part 2 Division 3 inserted
2 At the end of Part 2 insert:
3
4 Division 3 -- Strategic priorities and annual plans
5 21B. Strategic priorities
6 (1) The Commission must set for each financial year
7 strategic priorities in respect of the performance of its
8 functions during the year.
9 (2) For the purpose of setting its strategic priorities for a
10 financial year, the Commission must consult with --
11 (a) the Minister; and
12 (b) any other person or body that the Commission
13 considers appropriate.
14 (3) The Commission must advise the Minister in writing of
15 the strategic priorities set for each financial year.
16 (4) The Minister may publish in any manner such
17 information about the strategic priorities set for a
18 financial year that the Minister considers appropriate,
19 but only after consultation with the Commission.
20 21C. Annual plans
21 (1) Before the beginning of each financial year, the
22 Commission must issue a plan (the annual plan)
23 setting out how the Commission intends to perform its
24 functions during the year.
25 (2) Before issuing the annual plan, the Commission must
26 consult with --
27 (a) the Commissioner of Police; and
28 (b) any other person or body that the Commission
29 considers appropriate.
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1 (3) The annual plan must set out the following --
2 (a) any priorities set by the Commission in respect
3 of the performance of its functions during the
4 year;
5 (b) any performance targets set by the Commission
6 for the year;
7 (c) the financial resources that are expected to be
8 available to the Commission for the year.
9 (4) Any priorities set under subsection (3)(a) --
10 (a) may relate to --
11 (i) matters to which one or more strategic
12 priorities for the year relate; or
13 (ii) any other matters that the Commission
14 considers appropriate;
15 but
16 (b) must be consistent with all of the strategic
17 priorities for the year.
18 (5) The Commission must give a copy of the annual plan
19 to each of the following --
20 (a) the Standing Committee;
21 (b) the Minister;
22 (c) the Parliamentary Inspector;
23 (d) the Commissioner of Police;
24 (e) any other person or body that the Commission
25 considers appropriate.
26 (6) The Commission must publish the annual plan as
27 follows --
28 (a) in the Gazette;
29 (b) on the Commission's website;
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1 (c) in any other manner that the Commission
2 considers appropriate.
3
4 104. Section 22 amended
5 In section 22(3) delete "opinion." and insert:
6
7 opinion and provide the agency or authority with the
8 information on which the assessment or opinion is based.
9
10 105. Section 30 amended
11 Delete section 30(2) insert:
12
13 (2) If the Commission issues guidelines to the effect that a
14 matter is not required to be notified under section 28
15 but is required to be reported on in accordance with the
16 guidelines, a person to whom the guidelines apply is
17 not required to notify the Commission of the matter
18 under section 28 but is required to report on the matter
19 in accordance with the guidelines.
20 (3) The Commission may deal with a matter reported on
21 under subsection (2) as if it were a matter notified
22 under section 28.
23
24 106. Section 40 amended
25 In section 40(1) before "the appropriate authority must" insert:
26
27 unless the Commission advises the appropriate authority in
28 writing to the contrary,
29
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1 107. Section 48 amended
2 (1) In section 48 delete "The Commission" and insert:
3
4 (1) The Commission
5
6 (2) At the end of section 48 insert:
7
8 (2) Despite any exceptional powers finding, the
9 Commission may refuse to issue a criminal activity
10 summons in respect of a person if the Commission is
11 satisfied that it would not be in the public interest to do
12 so.
13
14 108. Section 88 replaced
15 Delete section 88 and insert:
16
17 88. Reports to Parliament on policy matters
18 (1) The Commission may at any time prepare a report as to
19 any of the following matters --
20 (a) any matters affecting the Commission,
21 including the operational effectiveness and
22 requirements of the Commission;
23 (b) any administrative or general policy matters
24 relating to the functions of the Commission.
25 (2) The Commission may cause a report prepared under
26 subsection (1) to be laid before each House of
27 Parliament or dealt with under section 93.
28
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1 109. Section 91 amended
2 (1) After section 91(1) insert:
3
4 (2A) The report must include --
5 (a) the annual plan for the year; and
6 (b) an assessment of the extent to which the annual
7 plan was carried out during the year; and
8 (c) if the annual plan was not carried out to its full
9 extent, the reasons why not.
10
11 (2) In section 91(2):
12 (a) delete "is to include --" and insert:
13
14 must also include --
15
16 (b) in paragraph (m) delete "warrants of apprehension
17 issued" and insert:
18
19 apprehension orders made
20
21 110. Section 100 amended
22 Delete section 100(2).
23 111. Section 101 amended
24 In section 101(1) delete the definition of relevant material and
25 insert:
26
27 relevant material, in relation to an investigation, means
28 records or things that are or appear likely to be relevant
29 to the investigation;
30
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1 112. Section 119 amended
2 In section 119 in the definition of controlled operation
3 paragraph (a) delete "of misconduct; and" and insert:
4
5 for the purposes of an investigation; and
6
7 113. Section 122 amended
8 Delete section 122(2).
9 114. Section 123 amended
10 (1) In section 123(4)(d) delete "particular" and insert:
11
12 controlled
13
14 (2) Delete section 123(8).
15 115. Section 129 amended
16 After section 129(2) insert:
17
18 (3) The Commission may assume the conduct of the
19 defence of any proceedings in respect of any civil
20 liability against which the Commission is obliged
21 under subsection (1) or (2) to indemnify an officer of
22 the Commission or another person.
23
24 116. Section 136 amended
25 In section 136 delete "functions under this Part." and insert:
26
27 functions.
28
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s. 117
1 117. Section 137 amended
2 In section 137 delete "under this Act" and insert:
3
4 as defined in section 3(1)
5
6 118. Section 138 amended
7 In section 138(1) delete "under this Act," and insert:
8
9 as defined in section 3(1),
10
11 119. Section 145A inserted
12 After section 144 insert:
13
14 145A. Privileged information: procedure for dealing with
15 (1) In this section --
16 privileged means privileged because of either or both
17 of the following --
18 (a) legal professional privilege;
19 (b) public interest privilege;
20 relevant copy, of a record, means a photograph or copy
21 of the record, or an extract or note from the record,
22 taken under section 98(1)(c) or 101(4)(e);
23 relevant record means --
24 (a) a record produced before the Commission or an
25 officer of the Commission; or
26 (b) a record seized under a warrant issued under
27 section 101; or
28 (c) a relevant copy of a record;
29 Tribunal means the State Administrative Tribunal.
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1 (2) For the purposes of this section, a person is entitled to
2 possession of a relevant copy of a record if the person
3 is entitled to possession of the record from which the
4 copy was taken.
5 (3) If --
6 (a) a person entitled to possession of a relevant
7 record claims that all or some of the
8 information in the relevant record is privileged;
9 or
10 (b) the Commission reasonably suspects that all or
11 some of the information in a relevant record is
12 privileged,
13 the relevant record must be dealt with in accordance
14 with this section.
15 (4) The relevant record must be secured in a manner
16 that --
17 (a) prevents it from being concealed, disturbed or
18 lost; and
19 (b) preserves its evidentiary value; and
20 (c) prevents access to the information in it by any
21 person who would not be entitled to the
22 information if it were privileged.
23 (5) The Commission must --
24 (a) apply to the Tribunal to decide whether the
25 information in the relevant record is privileged;
26 and
27 (b) deliver the relevant record into the custody of
28 the Tribunal.
29 (6) The application must be --
30 (a) made in accordance with rules of the Tribunal;
31 and
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1 (b) served on --
2 (i) the person entitled to possession of the
3 relevant record; or
4 (ii) if the identity or whereabouts of that
5 person is unknown, any person directed
6 by the Tribunal to be served.
7 (7) For a proceeding in relation to the application, the
8 Tribunal must be constituted by a judicial member as
9 defined in the State Administrative Tribunal Act 2004
10 section 3(1).
11 (8) For the purpose of deciding the application, the
12 Tribunal may have access to --
13 (a) all of the information in the relevant record;
14 and
15 (b) in the case of a relevant copy of a record, all of
16 the information in the record from which the
17 relevant copy was taken.
18 (9) If the Tribunal decides that none of the information in
19 the relevant record is privileged, the Tribunal must
20 make the relevant record available to be collected by
21 the Commission.
22 (10) If the Tribunal decides that all of the information in the
23 relevant record is privileged, the Tribunal must make
24 the relevant record available to be collected by --
25 (a) the person who produced the relevant record or
26 from whom the relevant record was seized; or
27 (b) in the case of a relevant copy of a record --
28 (i) the person who produced the record
29 from which the relevant copy was taken;
30 or
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1 (ii) the person who, at the time the relevant
2 copy was taken, had control of the
3 record from which it was taken.
4 (11) If the Tribunal decides that some of the information in
5 the relevant record is privileged, the Tribunal may
6 make orders to enable the Commission to have access
7 to so much of the information in the relevant record as
8 is not privileged.
9 (12) After deciding the application, the Tribunal may make
10 any orders it thinks fit as to --
11 (a) securing the relevant record; or
12 (b) suspending the operation of any orders made
13 under this section,
14 until an appeal against the decision is commenced and
15 dealt with.
16
17 120. Part 8 heading amended
18 In the heading to Part 8 delete "warrants" and insert:
19
20 powers
21
22 121. Section 148 amended
23 (1) In section 148(1):
24 (a) delete the passage that begins with "Where" and ends
25 with "if a person" and insert:
26
27 If a person
28
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1 (b) delete "issue a warrant" and insert:
2
3 make an order (orally or by issuing a warrant)
4
5 (2) In section 148(2):
6 (a) delete "issue a warrant" and insert:
7
8 make an order (orally or by issuing a warrant)
9
10 (b) delete "the Commission's investigation" and insert:
11
12 an investigation as defined in section 3(1)
13
14 (3) Delete section 148(3) and insert:
15
16 (3) As soon as practicable after making an order orally
17 under this section, the Commission must reduce the
18 order to writing.
19
20 (4) In section 148(4) and (5) delete "A warrant may be issued" and
21 insert:
22
23 An order may be made
24
25 (5) In section 148(6):
26 (a) delete "A warrant issued" and insert:
27
28 An order made
29
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1 (b) delete paragraph (a) and insert:
2
3 (a) to apprehend the person named in the order at
4 any time and bring the person before the
5 Commission as soon as practicable; and
6
7 (c) in paragraph (b) delete "warrant" and insert:
8
9 order
10
11 (6) In section 148(7):
12 (a) delete "executing the warrant" (first occurrence) and
13 insert:
14
15 carrying out the order
16
17 (b) in paragraph (a) delete "executing the warrant; and" and
18 insert:
19
20 carrying out the order; and
21
22 (c) in paragraph (b) delete "warrant." and insert:
23
24 order.
25
26 (7) In section 148(8):
27 (a) delete "acting under the warrant" and insert:
28
29 carrying out the order
30
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1 (b) delete "warrant" (last occurrence) and insert:
2
3 order
4
5 Note: The heading to amended section 148 is to read:
6 Orders for arrest
7 122. Section 149A amended
8 In section 149A delete "jurors kept together overnight." and
9 insert:
10
11 persons on remand.
12
13 123. Section 152 amended
14 (1) In section 152(1) delete the definitions of:
15 official information
16 relevant person
17 (2) In section 152(1) insert in alphabetical order:
18
19 official information means --
20 (a) in relation to a person referred to in
21 paragraph (a), (b) or (c) of the definition of
22 relevant person --
23 (i) information acquired by the person
24 because of, or in the course of, the
25 performance of the person's functions
26 under this Act; or
27 (ii) information in any record created by the
28 person because of, or in the course of,
29 the performance of the person's
30 functions under this Act;
31 or
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1 (b) in relation to a person referred to in
2 paragraph (d) of the definition of relevant
3 person -- information given to the person in
4 the circumstances described in that paragraph;
5 relevant person means --
6 (a) a person who is or was an officer of the
7 Commission; or
8 (b) a person who is or was a member of the
9 Reference Group; or
10 (c) a person who is or was a Commission lawyer;
11 or
12 (d) a person who has been given information by --
13 (i) the Commission; or
14 (ii) a person referred to in paragraph (a), (b)
15 or (c),
16 on the understanding, express or implied, that
17 the information is confidential.
18
19 124. Section 163 amended
20 In section 163(5) delete "an examination summons." and insert:
21
22 a criminal activity summons.
23
24 125. Section 164A inserted
25 After section 163 insert:
26
27 164A. Commission's powers in relation to alleged
28 contempt
29 (1) The Commission may --
30 (a) issue a signed summons requiring a person
31 alleged to be in contempt of the Commission to
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1 attend the Commission at a time and place
2 specified in the summons to show cause why
3 the person should not be dealt with under
4 section 163 for contempt of the Commission;
5 and
6 (b) cause the summons to be served on the person.
7 (2) Personal service of the summons is required.
8 (3) The summons must be accompanied by a written
9 statement setting out the details of the alleged
10 contempt.
11 (4) If --
12 (a) the person fails to attend before the
13 Commission in obedience to the summons; and
14 (b) no reasonable excuse to the satisfaction of the
15 Commission is offered for the failure,
16 the Commission may, on proof of service of the
17 summons, issue a warrant for the person to be
18 apprehended and brought before the Commission to
19 show cause why the person should not be dealt with
20 under section 163 for the contempt.
21 (5) A summons is not required to be issued if the person is
22 alleged to have committed a contempt in the face or
23 hearing of the Commission, but the person may, after
24 being advised of the details of the alleged contempt --
25 (a) be apprehended by a police officer or a person
26 authorised by the Commission and detained in
27 custody in a prison or elsewhere; and
28 (b) be called upon to show cause why the person
29 should not be dealt with under section 163 for
30 the contempt.
31 (6) The Commission may issue a warrant for the
32 apprehension of the person while the person (whether
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1 or not already in custody under this section) is before
2 the Commission.
3 (7) A warrant issued under subsection (6) authorises --
4 (a) the apprehension of the person and the person
5 being brought before the Supreme Court as
6 soon as practicable; and
7 (b) the person being detained in custody in a prison
8 or elsewhere for that purpose.
9 (8) The warrant must be accompanied by a written
10 statement setting out the details of the alleged
11 contempt.
12 (9) The Commission may revoke the warrant at any time
13 before the person is brought before the Supreme Court.
14 (10) When the person is brought before the Supreme Court,
15 the Court may direct that the person be kept in custody
16 as determined by the Court, or that the person be
17 released, pending the determination of the matter.
18
19 126. Section 177 amended
20 In section 177(2) before "the penalty" insert:
21
22 unless this Act provides differently,
23
24 127. Section 184 amended
25 (1) Delete section 184(2) and insert:
26
27 (2) The Commission may appoint --
28 (a) an officer of the Commission as an authorised
29 officer; or
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s. 128
1 (b) a class of officers of the Commission as
2 authorised officers.
3
4 (2) After section 184(3b) insert:
5
6 (3CA) For the purposes of the Criminal Property Confiscation
7 Act 2000, an authorised officer has the powers that are
8 specified in that Act as powers of an authorised CCC
9 officer.
10
11 (3) In section 184(3c) delete "subsections (3) to (3b)." and insert:
12
13 subsections (3) to (3CA).
14
15 128. Section 185 amended
16 (1) Delete section 185(1) and insert:
17
18 (1A) The Commission may delegate to an Assistant
19 Commissioner any power or duty of the Commission
20 under another provision of this Act.
21 (1) Subject to subsections (2) and (3A), the Commission
22 may delegate to an officer of the Commission who is
23 not an Assistant Commissioner any power or duty of
24 the Commission under another provision of this Act.
25
26 (2) In section 185(2):
27 (a) after "delegate" insert:
28
29 to an officer of the Commission who is not an Assistant
30 Commissioner
31
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s. 129
1 (b) delete paragraph (b) and insert:
2
3 (b) the power to conduct examinations on oath that
4 are open to the public;
5
6 (c) in paragraph (d) delete "issue a warrant" and insert:
7
8 make an order
9
10 (3) After section 185(2) insert:
11
12 (3A) The Commission can only delegate to an officer of the
13 Commission who is not an Assistant Commissioner the
14 power to conduct examinations on oath that are not
15 open to the public if the officer is an Australian lawyer,
16 as defined in the Legal Profession Act 2008 section 3,
17 who has had not less than 5 years' legal experience.
18
19 129. Section 189 amended
20 Delete section 189(2) and insert:
21
22 (2) The Premier must recommend the appointment of a
23 person who, if there is a Standing Committee, has the
24 support of the majority of the Standing Committee and
25 bipartisan support.
26
27 130. Section 193 amended
28 In section 193(2a) delete "nomination and".
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s. 131
1 131. Section 195 amended
2 After section 195(1) insert:
3
4 (2A) In performing those functions, without limiting the
5 matters that the Parliamentary Inspector may take into
6 account, the Parliamentary Inspector must take into
7 account any annual plans that the Parliamentary
8 Inspector considers relevant.
9
10 132. Section 226 deleted
11 Delete section 226.
12 133. Part 15 deleted
13 Delete Part 15.
14 134. Schedule 2 heading amended
15 In the heading to Schedule 2 after "Commissioner" insert:
16
17 and Assistant Commissioners
18
19 135. Schedule 2 clause 1 amended
20 In Schedule 2 clause 1:
21 (a) delete "holds" and insert:
22
23 and each Assistant Commissioner hold
24
25 (b) delete "is" and insert:
26
27 are
28
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s. 136
1 136. Schedule 2 clause 2 amended
2 (1) In Schedule 2 clause 2(1) delete "is to" and insert:
3
4 and each Assistant Commissioner must
5
6 (2) In Schedule 2 clause 2(2):
7 (a) after "The Commissioner" insert:
8
9 or an Assistant Commissioner
10
11 (b) delete "Commissioner)" and insert:
12
13 Commissioner or Assistant Commissioner)
14
15 (c) delete "Commissioner." and insert:
16
17 Commissioner or Assistant Commissioner.
18
19 (3) In Schedule 2 clause 2(3) delete "Commissioner." and insert:
20
21 Commissioner or Assistant Commissioner.
22
23 137. Schedule 2 clause 3 amended
24 (1) After Schedule 2 clause 3(3) insert:
25
26 (4A) An Assistant Commissioner is entitled to the remuneration,
27 as defined in the Salaries and Allowances Act 1975
28 section 4(1), determined by the Salaries and Allowances
29 Tribunal.
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s. 138
1 (4B) An Assistant Commissioner is entitled to the leave of
2 absence, and has the other terms and conditions of
3 appointment, determined by the Governor.
4
5 (2) In Schedule 2 clause 3(4) delete "Subclause (1) has" and insert:
6
7 Subclauses (1), (2), (4A) and (4B) have
8
9 (3) In Schedule 2 clause 3(5):
10 (a) after "Commissioner" (first occurrence) insert:
11
12 or an Assistant Commissioner
13
14 (b) after "Commissioner" (second occurrence) insert:
15
16 or Assistant Commissioner
17
18 (4) In Schedule 2 clause 3(6) after "Commissioner" insert:
19
20 or the holder of an office of Assistant Commissioner
21
22 138. Schedule 2 clause 4 amended
23 Delete Schedule 2 clause 4(2), (3) and (6) and insert:
24
25 (2) If a person who, immediately before appointment to the
26 office of Assistant Commissioner, was a judge of the
27 District Court, is appointed as an Assistant Commissioner,
28 that person is to be paid the same remuneration and have the
29 same other rights or privileges as if the person had
30 continued to be the holder of that judicial office.
31 (3) For the purposes of the Judges' Salaries and Pensions
32 Act 1950, the service as the Commissioner or as an Assistant
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s. 138
1 Commissioner of a person who, immediately before
2 appointment to the office of Commissioner or Assistant
3 Commissioner, was a judge of the Supreme Court or the
4 District Court is taken to be service as the holder of the
5 same judicial office as the office that person held before
6 appointment as the Commissioner or as an Assistant
7 Commissioner.
8 (4) For the purposes of the Judges' Salaries and Pensions
9 Act 1950, the service as the Commissioner of a person who,
10 immediately before appointment to the office of
11 Commissioner, was an Assistant Commissioner to whom
12 subclause (3) applied is taken to be service as the holder of
13 the same judicial office as the office that person held before
14 appointment as an Assistant Commissioner.
15 (5) The service, whether as the Commissioner or as an Assistant
16 Commissioner, of a person to whom subclause (3) or (4)
17 applies is taken for all purposes to be service as the holder
18 of the judicial office in respect of which that subclause
19 applies.
20 (6) If the term of office as the Commissioner of a person who,
21 immediately before appointment to the office of
22 Commissioner, was a judge of the Supreme Court expires by
23 effluxion of time and he or she is not reappointed as the
24 Commissioner, the person is entitled to be appointed as a
25 judge of the Supreme Court.
26 (7) If the term of office as an Assistant Commissioner of a
27 person who, immediately before appointment to the office
28 of Assistant Commissioner, was a judge of the Supreme
29 Court expires by effluxion of time and he or she is not
30 reappointed as an Assistant Commissioner or appointed as
31 the Commissioner, the person is entitled to be appointed as a
32 judge of the Supreme Court.
33 (8) If a person referred to in subclause (6) or (7) is appointed as
34 a judge of the Supreme Court, for the purposes of the
35 Supreme Court Act 1935 section 9B, his or her seniority is
36 determined in accordance with the date of the commission
37 that the person held immediately before his or her
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s. 139
1 appointment as the Commissioner or as an Assistant
2 Commissioner.
3 (9) If the term of office as the Commissioner of a person who,
4 immediately before appointment to the office of
5 Commissioner, was a judge of the District Court expires by
6 effluxion of time and he or she is not reappointed as the
7 Commissioner, the person is entitled to be appointed as a
8 judge of the District Court.
9 (10) If the term of office as an Assistant Commissioner of a
10 person who, immediately before appointment to the office
11 of Assistant Commissioner, was a judge of the District
12 Court expires by effluxion of time and he or she is not
13 reappointed as an Assistant Commissioner or appointed as
14 the Commissioner, the person is entitled to be appointed as a
15 judge of the District Court.
16 (11) If a person referred to in subclause (9) or (10) is appointed
17 as a judge of the District Court, for the purposes of the
18 District Court of Western Australia Act 1969 section 10(5),
19 his or her seniority is determined in accordance with the
20 date of the commission that the person held immediately
21 before his or her appointment as the Commissioner or as an
22 Assistant Commissioner.
23
24 Note: The heading to amended Schedule 2 clause 4 is to read:
25 Provisions if Commissioner or Assistant Commissioner is former
26 judge
27 139. Schedule 2 clause 5 amended
28 (1) In Schedule 2 clause 5(1):
29 (a) delete "Commissioner," and insert:
30
31 the Commissioner or as an Assistant Commissioner,
32
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s. 139
1 (b) delete "Commissioner" (second occurrence) and insert:
2
3 the Commissioner or as an Assistant Commissioner
4
5 (2) After Schedule 2 clause 5(1) insert:
6
7 (2A) If an Assistant Commissioner to whom subclause (1) applies
8 is appointed as the Commissioner, that person is entitled to
9 retain all his or her accruing and existing rights, including
10 any rights under the Superannuation and Family Benefits
11 Act 1938, as if service as an Assistant Commissioner and as
12 the Commissioner were a continuation of service as a public
13 service officer.
14
15 (3) In Schedule 2 clause 5(2) delete "as Commissioner" and insert:
16
17 of the person as the Commissioner and any service of the person as an
18 Assistant Commissioner
19
20 (4) After Schedule 2 clause 5(2) insert:
21
22 (3A) If a person ceases to be an Assistant Commissioner and
23 becomes a public service officer, the service of the person as
24 an Assistant Commissioner is to be regarded as service in
25 the Public Service for the purposes of determining that
26 person's rights as a public service officer and, if applicable,
27 for the purposes of the Superannuation and Family Benefits
28 Act 1938.
29
30 (5) After Schedule 2 clause 5(3) insert:
31
32 (4) If --
33 (a) an Assistant Commissioner immediately before his
34 or her appointment as an Assistant Commissioner
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s. 140
1 occupied an office under the Public Sector
2 Management Act 1994 Part 3; and
3 (b) his or her term of office expires by effluxion of time
4 and he or she is not reappointed as an Assistant
5 Commissioner or appointed as the Commissioner,
6 that person is entitled to be appointed to an office under the
7 Public Sector Management Act 1994 Part 3 of at least the
8 equivalent level of classification as the office that person
9 occupied immediately prior to appointment as an Assistant
10 Commissioner.
11
12 Note: The heading to amended Schedule 2 clause 5 is to read:
13 Provisions if Commissioner or Assistant Commissioner is former
14 public service officer
15 140. Schedule 2 clause 6 replaced
16 Delete Schedule 2 clause 6 and insert:
17
18 6. Resignation
19 (1) The Commissioner or an Assistant Commissioner may
20 resign from office by writing signed and given to the
21 Governor.
22 (2) The resignation takes effect on the later of the following --
23 (a) receipt by the Governor;
24 (b) the day specified in the resignation.
25
26 141. Schedule 3 clause 3 amended
27 (1) In Schedule 3 clause 3(2)(a) delete "subclause (4)" and insert:
28
29 subclauses (4) and (5A)
30
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s. 141
1 (2) Delete Schedule 3 clause 3(4) and insert:
2
3 (4) If the Parliamentary Inspector --
4 (a) is appointed on a full-time basis; and
5 (b) at the time of appointment, is receiving a
6 non-contributory pension under the Judges'
7 Salaries and Pensions Act 1950 or any other Act or
8 under a law of the Commonwealth or of another
9 State or a Territory,
10 the Parliamentary Inspector is to be paid the difference
11 between --
12 (c) the remuneration that would have been payable in
13 respect of the full-time appointment if the
14 Parliamentary Inspector were not in receipt of the
15 pension referred to in paragraph (b); and
16 (d) the pension referred to in paragraph (b).
17 (5A) If the Parliamentary Inspector --
18 (a) is appointed on a part-time basis; and
19 (b) at the time of appointment, is receiving a
20 non-contributory pension under the Judges'
21 Salaries and Pensions Act 1950 or any other Act or
22 under a law of the Commonwealth or of another
23 State or a Territory,
24 the Parliamentary Inspector is to be paid the lesser of --
25 (c) the remuneration that would have been payable in
26 respect of the part-time appointment if the
27 Parliamentary Inspector were not in receipt of the
28 pension referred to in paragraph (b); and
29 (d) the difference between --
30 (i) the remuneration that would have been
31 payable if the appointment had been on a
32 full-time basis and the Parliamentary
33 Inspector were not in receipt of the pension
34 referred to in paragraph (b); and
35 (ii) the pension referred to in paragraph (b).
36
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s. 142
1 142. Schedule 3 clause 4 amended
2 (1) In Schedule 3 clause 4(1) delete "same remuneration" and insert:
3
4 same rate of remuneration
5
6 (2) In Schedule 3 clause 4(2) delete "Inspector." and insert:
7
8 Inspector and, if the appointment is part-time, the service accrues on a
9 pro rata basis.
10
11 (3) After Schedule 3 clause 4(4) insert:
12
13 (5A) If a person referred to in subclause (4) is appointed as a
14 judge of the Supreme Court, for the purposes of the
15 Supreme Court Act 1935 section 9B, his or her seniority is
16 determined in accordance with the date of the commission
17 that the person held immediately before his or her
18 appointment as Parliamentary Inspector.
19
20 (4) After Schedule 3 clause 4(5) insert:
21
22 (6) If a person referred to in subclause (5) is appointed as a
23 judge of the District Court, for the purposes of the District
24 Court of Western Australia Act 1969 section 10(5), his or
25 her seniority is determined in accordance with the date of
26 the commission that the person held immediately before his
27 or her appointment as Parliamentary Inspector.
28
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Other amendments to Corruption and Crime Commission Part 6
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s. 143
1 143. Schedule 3 clause 6 replaced
2 Delete Schedule 3 clause 6 and insert:
3
4 6. Resignation
5 (1) The Parliamentary Inspector may resign from office by
6 writing signed and given to the Governor.
7 (2) The resignation takes effect on the later of the following --
8 (a) receipt by the Governor;
9 (b) the day specified in the resignation.
10
11 144. Schedule 4 deleted
12 Delete Schedule 4.
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Part 7 Criminal Property Confiscation Act 2000 amended
s. 145
1 Part 7 -- Criminal Property Confiscation Act 2000
2 amended
3 145. Act amended
4 This Part amends the Criminal Property Confiscation Act 2000.
5 146. Section 11 amended
6 In section 11(1) after "DPP" insert:
7
8 or the CCC
9
10 147. Section 15 amended
11 In section 15(1) after "DPP" insert:
12
13 or the CCC
14
15 148. Section 27 amended
16 In section 27(1) after "DPP' insert:
17
18 or the CCC
19
20 149. Section 30 amended
21 In section 30(1) after "DPP" insert:
22
23 or the CCC
24
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Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 150
1 150. Section 31 amended
2 In section 31(1) and (2) delete "DPP" and insert:
3
4 applicant for the declaration
5
6 151. Section 32 amended
7 In section 32 delete "DPP" and insert:
8
9 applicant for the declaration
10
11 152. Section 33 amended
12 (1) In section 33(1) after "officer" insert:
13
14 or an authorised CCC officer
15
16 (2) In section 33(2) and (3) after "officer" insert:
17
18 or an authorised CCC officer (as the case requires)
19
20 153. Section 34 amended
21 In section 34(1) delete "DPP or a police officer" and insert:
22
23 DPP, a police officer or an authorised CCC officer
24
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Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 154
1 154. Section 35 amended
2 Delete section 35(2) and (3) and insert:
3
4 (2) For the purposes of subsection (1)(b) --
5 (a) a police officer, if the DPP or a police officer
6 applied for the freezing notice; or
7 (b) an authorised CCC officer, if an authorised
8 CCC officer applied for the freezing notice,
9 may estimate the value of the property or have the
10 property valued by an appropriately qualified valuer.
11 (3) For the purposes of subsection (1)(h) --
12 (a) the DPP or a police officer, if the DPP or a
13 police officer applied for the freezing notice; or
14 (b) an authorised CCC officer, if an authorised
15 CCC officer applied for the freezing notice,
16 may arrange for an inventory to be taken of any
17 fittings, fixtures or moveable goods in or on the
18 property.
19
20 155. Section 37 amended
21 Delete section 37(1) and insert:
22
23 (1) A person who is served with a copy of a freezing notice
24 under section 36 must give a statutory declaration to --
25 (a) the officer in charge of the police station
26 specified in the notice, if the DPP or a police
27 officer applied for the notice; or
28 (b) an authorised CCC officer at the place specified
29 in the notice, if an authorised CCC officer
30 applied for the notice.
31
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Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 156
1 156. Section 40 amended
2 (1) Delete section 40(1) and insert:
3
4 (1) The DPP or a police officer must cancel a freezing
5 notice obtained under section 34(2) by the DPP or a
6 police officer if the grounds for suspecting that the
7 property covered by the notice is crime-used or
8 crime-derived no longer exist.
9 (2A) An authorised CCC officer must cancel a freezing
10 notice obtained under section 34(2) by an authorised
11 CCC officer if the grounds for suspecting that the
12 property covered by the notice is crime-used or
13 crime-derived no longer exist.
14
15 (2) In section 40(2):
16 (a) delete "A police officer or the DPP" and insert:
17
18 The DPP or a police officer or an authorised CCC
19 officer (as subsection (1) or (2A) requires)
20
21 (b) in paragraph (e) delete "police officer or the DPP" and
22 insert:
23
24 DPP, police officer or authorised CCC officer
25
26 157. Section 41 amended
27 In section 41(1) after "DPP" insert:
28
29 or the CCC
30
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Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 158
1 158. Section 43 amended
2 (1) In section 43(1):
3 (a) in paragraph (a) delete "an examination order, a
4 monitoring order or a suspension order" and insert:
5
6 an examination order, monitoring order or suspension
7 order obtained by the applicant for the freezing order
8
9 (b) delete paragraph (b) and insert:
10
11 (b) the applicant for the freezing order advises the
12 court that the applicant has applied for an
13 examination order, monitoring order or
14 suspension order in relation to the property or is
15 likely to apply for such an order within 21 days
16 after the freezing order is made.
17
18 (2) In section 43(3)(c) and (5)(a) delete "DPP" and insert:
19
20 applicant for the freezing order
21
22 159. Section 45 amended
23 In section 45(c) delete "DPP," and insert:
24
25 applicant for the order,
26
27 160. Section 47 amended
28 In section 47(1) delete "DPP." and insert:
29
30 applicant for the order.
31
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Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 161
1 161. Section 53 amended
2 In section 53 delete "DPP or a police officer" and insert:
3
4 DPP, a police officer or an authorised CCC officer
5
6 162. Section 54 amended
7 In section 54(1) delete "DPP or a police officer" and insert:
8
9 DPP, a police officer or an authorised CCC officer
10
11 163. Section 57 amended
12 In section 57(1) after "DPP" insert:
13
14 or the CCC
15
16 164. Section 62 amended
17 In section 62(1) after "DPP" insert:
18
19 or the CCC
20
21 165. Section 63 amended
22 Delete section 63(2) and insert:
23
24 (2) The order may direct the person --
25 (a) to give the property tracking document to --
26 (i) the DPP or a police officer, if the DPP
27 applied for the order; or
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Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 166
1 (ii) the CCC, if the CCC applied for the
2 order;
3 or
4 (b) to make it available to --
5 (i) the DPP or a police officer for
6 inspection, if the DPP applied for the
7 order; or
8 (ii) the CCC for inspection, if the CCC
9 applied for the order.
10
11 166. Section 64 amended
12 (1) In section 64(1):
13 (a) delete "DPP or a police officer" and insert:
14
15 DPP, a police officer or the CCC
16
17 (b) delete "DPP or police officer" and insert:
18
19 DPP, police officer or CCC
20
21 (2) In section 64(2) delete "DPP or police officer" (each
22 occurrence) and insert:
23
24 DPP, police officer or CCC
25
26 (3) In section 64(3):
27 (a) delete "DPP or a police officer" and insert:
28
29 DPP, a police officer or the CCC
30
page 136
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 167
1 (b) delete "DPP or police officer" and insert:
2
3 DPP, police officer or CCC
4
5 167. Section 65 amended
6 (1) In section 65(2) delete "DPP or a police officer" and insert:
7
8 DPP, a police officer or the CCC
9
10 (2) In section 65(3)(a) and (c) delete "DPP or a police officer" and
11 insert:
12
13 DPP, a police officer or the CCC (as the case requires)
14
15 168. Section 66 amended
16 In section 66(1):
17 (a) delete "DPP or a police officer," and insert:
18
19 DPP, a police officer or the CCC,
20
21 (b) delete "DPP or a police officer for" and insert:
22
23 DPP, a police officer or the CCC (as the case requires)
24 for
25
26 169. Section 67 amended
27 In section 67(1) and (2) after "DPP" insert:
28
29 or the CCC
30
page 137
Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 170
1 170. Section 68 amended
2 (1) Delete section 68(1) and insert:
3
4 (1) The court may order a financial institution to give to --
5 (a) the DPP or a police officer, if the DPP applied
6 for the order; or
7 (b) the CCC, if the CCC applied for the order,
8 information about all transactions carried out through
9 an account held with the institution by a person named
10 in the order.
11
12 (2) Delete section 68(2)(a) and (b) and insert:
13
14 (a) to notify --
15 (i) the DPP or a police officer, if the DPP
16 applied for the order; or
17 (ii) the CCC, if the CCC applied for the
18 order,
19 immediately of any transaction that has been
20 initiated in connection with an account held
21 with the institution by a person named in the
22 order; and
23 (b) to notify --
24 (i) the DPP or a police officer, if the DPP
25 applied for the order; or
26 (ii) the CCC, if the CCC applied for the
27 order,
28 immediately if there are reasonable grounds for
29 suspecting that a transaction is about to be
30 initiated in connection with the account; and
31
page 138
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 171
1 171. Section 70 amended
2 In section 70(1)(a) delete "DPP" and insert:
3
4 DPP, a police officer or an authorised CCC officer
5
6 172. Section 71 amended
7 (1) Delete section 71(1)(a) and insert:
8
9 (a) the DPP or a police officer, if the restricted
10 disclosure is about information intended to be
11 given to, or that has been given to, the DPP or a
12 police officer;
13 (ba) the CCC or an authorised CCC officer, if the
14 restricted disclosure is about information
15 intended to be given to, or that has been given
16 to, an authorised CCC officer;
17
18 (2) Delete section 71(2) and insert:
19
20 (2) An individual who is not acting in the capacity of an
21 officer of a corporation or of a legal practitioner may
22 make a restricted disclosure to --
23 (a) either or both of the following --
24 (i) the DPP or a police officer;
25 (ii) a legal practitioner, but only for the
26 purpose of obtaining legal advice or
27 representation in relation to an
28 examination order,
29 if the restricted disclosure is about information
30 intended to be given to, or that has been given
31 to, the DPP or a police officer; or
page 139
Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 173
1 (b) either or both of the following --
2 (i) the CCC or an authorised CCC officer;
3 (ii) a legal practitioner, but only for the
4 purpose of obtaining legal advice or
5 representation in relation to an
6 examination order,
7 if the restricted disclosure is about information
8 intended to be given to, or that has been given
9 to, an authorised CCC officer.
10
11 173. Section 73 amended
12 In section 73(1), (2), (3), (4) and (5) after "police officer" insert:
13
14 or an authorised CCC officer
15
16 174. Section 74 amended
17 In section 74(1) and (3) after "police officer" insert:
18
19 or an authorised CCC officer
20
21 175. Section 75 amended
22 (1) In section 75(1) after "police officer" insert:
23
24 or an authorised CCC officer
25
26 (2) In section 75(2) after "police officer" insert:
27
28 or authorised CCC officer
29
page 140
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 176
1 176. Section 76 amended
2 In section 76(1) after "police officer" insert:
3
4 or an authorised CCC officer
5
6 177. Section 77 amended
7 In section 77 after "police officer" insert:
8
9 or an authorised CCC officer
10
11 178. Section 78 amended
12 In section 78 after "police officer" insert:
13
14 or an authorised CCC officer
15
16 179. Section 82 amended
17 Delete section 82(7) and insert:
18
19 (7) On the application of --
20 (a) the DPP, if the DPP or a police officer applied
21 for the freezing notice or freezing order; or
22 (b) the CCC, if an authorised CCC officer or the
23 CCC applied for the freezing notice or freezing
24 order; or
25 (c) an owner of the property,
26 the court may set aside the freezing notice or freezing
27 order for the property if it also orders the objector to
28 pay to the State an amount equal to the value of the
29 property.
30
page 141
Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 180
1 180. Section 83 amended
2 Delete section 83(5) and insert:
3
4 (5) On the application of --
5 (a) the DPP, if the DPP or a police officer applied
6 for the freezing notice or freezing order; or
7 (b) the CCC, if an authorised CCC officer or the
8 CCC applied for the freezing notice or freezing
9 order; or
10 (c) an owner of the property,
11 the court may set aside the freezing notice or freezing
12 order for the property if it also orders the objector to
13 pay to the State the amount assessed by the court as the
14 amount equal to the value of the property at the time of
15 the application.
16
17 181. Section 88 amended
18 (1) In section 88(1) after "seized" insert:
19
20 by a police officer, whether
21
22 (2) After section 88(1) insert:
23
24 (2A) The CCC has responsibility for the control and
25 management of property seized by an authorised CCC
26 officer, whether under section 33(1) or under a warrant
27 under section 74.
28
page 142
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 182
1 182. Section 89 amended
2 (1) In section 89(1) after "property" insert:
3
4 (except frozen property to which subsection (2A) relates)
5
6 (2) After section 89(1) insert:
7
8 (2A) The CCC has responsibility for the control and
9 management of frozen property that is subject to a
10 freezing notice or freezing order applied for by an
11 authorised CCC officer or the CCC unless the court
12 otherwise orders under section 45(c) or 91(2).
13
14 (3) In section 89(2) after "property" insert:
15
16 (except confiscated property to which subsection (3A) relates)
17
18 (4) After section 89(2) insert:
19
20 (3A) The CCC has responsibility for the control and
21 management of confiscated property that is --
22 (a) property confiscated under section 6 to pay the
23 amount specified in an unexplained wealth
24 declaration, criminal benefits declaration or
25 crime-used property declaration obtained by the
26 CCC; or
27 (b) frozen property confiscated under section 7 that
28 is the subject of a freezing notice or freezing
29 order obtained by an authorised CCC officer or
30 the CCC,
31 until it is disposed of.
32
page 143
Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 183
1 (5) In section 89(3):
2 (a) delete "The DPP" and insert:
3
4 The DPP or the CCC
5
6 (b) delete "the DPP has responsibility under subsection (1)
7 or (2) --" and insert:
8
9 the DPP or CCC (as the case requires) has responsibility
10 under this section --
11
12 183. Section 90 amended
13 In section 90 after "DPP" insert:
14
15 or the CCC
16
17 Note: The heading to amended section 90 is to read:
18 Capacity of DPP or CCC to carry out transactions
19 184. Section 103 amended
20 In section 103 after "DPP" insert:
21
22 or the CCC
23
24 185. Section 105 amended
25 In section 105(2):
26 (a) in paragraph (d) delete "DPP." and insert:
27
28 DPP;
29
page 144
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 186
1 (b) after paragraph (d) insert:
2
3 (e) an authorised CCC officer, but only for the
4 purpose of making an unexplained wealth
5 declaration or criminal benefits declaration on
6 the application of the CCC.
7
8 186. Section 131 amended
9 In section 131(2)(f) delete "DPP" and insert:
10
11 DPP, the CCC
12
13 187. Section 132 amended
14 (1) In section 132(1):
15 (a) delete "in the performance of the functions of a police
16 officer" and insert:
17
18 or an authorised CCC officer in the performance of the
19 officer's functions
20
21 (b) after "officer" (third occurrence) insert:
22
23 or an authorised CCC officer
24
25 (2) In section 132(2):
26 (a) delete "in the performance of the police" and insert:
27
28 or an authorised CCC officer in the performance of the
29
page 145
Corruption and Crime Commission Amendment Bill 2012
Part 7 Criminal Property Confiscation Act 2000 amended
s. 188
1 (b) after "officer" (second occurrence) insert:
2
3 or an authorised CCC officer
4
5 Note: The heading to amended section 132 is to read:
6 Obstructing police officers or authorised CCC officers
7 188. Section 135A inserted
8 After section 134 insert:
9
10 135A. CCC's power to delegate
11 (1) The CCC may delegate the performance of any of the
12 functions of the CCC under this Act, except this power
13 of delegation, to an Assistant Commissioner as defined
14 in the Corruption, Crime and Misconduct Act 2003
15 section 3(1).
16 (2) The CCC may delegate the performance of any of the
17 functions of the CCC under this Act, except --
18 (a) the power to make an application for an
19 unexplained wealth declaration under
20 section 11(1); and
21 (b) this power of delegation,
22 to an officer of the CCC who is not an Assistant
23 Commissioner.
24 (3) A delegation --
25 (a) must be made by written instrument; and
26 (b) is made on behalf of and subject to the direction
27 and control of the CCC; and
28 (c) may be made generally or as otherwise
29 provided by the instrument.
30
page 146
Corruption and Crime Commission Amendment Bill 2012
Criminal Property Confiscation Act 2000 amended Part 7
s. 189
1 189. Section 135 amended
2 In section 135(1) after "DPP" insert:
3
4 or the CCC
5
6 190. Glossary clause 1 amended
7 In the Glossary clause 1 insert in alphabetical order:
8
9 authorised CCC officer means an authorised officer as
10 defined in the Corruption, Crime and Misconduct Act 2003
11 section 184(1);
12 CCC means the Corruption and Crime Commission
13 established under the Corruption, Crime and Misconduct
14 Act 2003 section 8;
15
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