[Index] [Search] [Download] [Related Items] [Help]
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 page 16 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 17 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 18 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 19 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 20 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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; page 21 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 22 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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 page 23 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 24 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 25 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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. page 26 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 27 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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. page 28 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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 page 29 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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. page 30 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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 page 31 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 32 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 33 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 34 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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. page 35 Corruption and Crime Commission Amendment Bill 2012 Part 2 Misconduct Division 1 Corruption and Crime Commission Act 2003 amended s. 21 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 page 36 Corruption and Crime Commission Amendment Bill 2012 Misconduct Part 2 Corruption and Crime Commission Act 2003 amended Division 1 s. 21 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; page 63 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 (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. page 64 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 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 page 65 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) 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 page 66 Corruption and Crime Commission Amendment Bill 2012 Major crime and organised crime Part 3 Corruption and Crime Commission Act 2003 amended Division 1 s. 58 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 page 67 Corruption and Crime Commission Amendment Bill 2012 Part 3 Major crime and organised crime 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 page 68 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 65 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 page 69 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 68 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 -- page 70 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 72 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 page 71 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 73 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 page 72 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 75 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 page 73 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 76 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 page 74 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 77 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 page 75 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 78 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 page 76 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 78 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. page 77 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 79 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; page 78 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 81 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; page 79 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 82 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 page 80 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 83 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 page 81 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 84 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; page 82 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 86 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 -- page 83 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 87 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. page 84 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 87 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; page 85 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 87 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. page 86 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 87 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; page 87 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 87 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; page 88 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 87 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 page 89 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 87 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 page 90 Corruption and Crime Commission Amendment Bill 2012 Assumed identities and controlled operations Part 4 s. 88 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 page 91 Corruption and Crime Commission Amendment Bill 2012 Part 4 Assumed identities and controlled operations s. 89 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 page 92 Corruption and Crime Commission Amendment Bill 2012 Fortifications Part 5 s. 90 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. page 93 Corruption and Crime Commission Amendment Bill 2012 Part 5 Fortifications s. 92 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 page 94 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 93 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; page 95 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 95 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 page 96 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 96 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 page 97 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 97 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 page 98 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 98 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 page 99 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 100 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. page 100 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 102 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 page 101 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 103 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. page 102 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 103 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; page 103 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 104 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 page 104 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 107 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 page 105 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 109 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 page 106 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 112 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 page 107 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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. page 108 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 119 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 page 109 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 119 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 page 110 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 120 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 page 111 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 121 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 page 112 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 121 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 page 113 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 122 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 page 114 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 124 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 page 115 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 s. 125 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 page 116 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 s. 126 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 page 117 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 118 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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". page 119 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 120 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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. page 121 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 122 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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 page 123 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 124 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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 page 125 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 126 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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 page 127 Corruption and Crime Commission Amendment Bill 2012 Part 6 Other amendments to Corruption and Crime Commission Act 2003 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 page 128 Corruption and Crime Commission Amendment Bill 2012 Other amendments to Corruption and Crime Commission Part 6 Act 2003 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. page 129 Corruption and Crime Commission Amendment Bill 2012 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 page 130 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 page 131 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 page 132 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 page 133 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 page 134 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 page 135 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
[Index] [Search] [Download] [Related Items] [Help]