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This is a Bill, not an Act. For current law, see the Acts databases.


CORRUPTION AND CRIME COMMISSION BILL 2003

                       Western Australia


Corruption and Crime Commission Bill 2003

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                           2
2.    Commencement                                          2
3.    Terms used in this Act                                2
4.    Misconduct                                            8
5.    Section 5 offences                                   10
6.    Application                                          10
7.    Act to bind the Crown                                10
      Part 2 -- The Corruption and Crime
           Commission
      Division 1 -- Office of Corruption and Crime
            Commission
8.    Corruption and Crime Commission                      11
9.    Corruption and Crime Commissioner                    11
10.   Qualifications for appointment                       12
11.   Terms and conditions of service                      12
12.   Removal or suspension of Commissioner                12
13.   Declaration of inability to act                      13
14.   Acting appointment                                   13
15.   Oath or affirmation of office                        15
      Division 2 -- Functions of Corruption and Crime
            Commission
16.   Commission's general functions                       15
17.   Commission's prevention and education function       15
18.   Commission's misconduct function                     16
19.   Commission's functions in relation to Police Royal
      Commission                                           18
20.   Commission's functions in relation to the A-CC       19

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   21.     Commission's organised crime functions                    19
           Part 3 -- Misconduct
           Division 1 -- Assessments and opinions
   22.     Assessments and opinions                                  20
   23.     Commission must not decide as to commission of
           offence                                                   20
           Division 2 -- Allegations
   24.     Allegations                                               21
   25.     Any person may report misconduct                          21
   26.     Proposition by Commission                                 22
   27.     Allegation about Commissioner, Parliamentary
           Inspector or judicial officer not to be received or
           initiated                                                 22
           Division 3 -- Duty to notify
   28.     Notification of misconduct                                23
   29.     Duty to notify is paramount                               25
   30.     Commission may issue guidelines about notifications       25
   31.     Commission may report failure to comply                   25
           Division 4 -- Assessments, opinions and
                   investigation
   32.     Dealing with allegations                                  26
   33.     Decision on further action                                26
   34.     Matters to be considered in deciding who should take
           action                                                    26
   35.     Informant to be notified of decision not to take action   27
   36.     Referral by Commission                                    27
   37.     Referrals to Parliamentary Commissioner or Auditor
           General                                                   27
   38.     Commission may decide to take other action                28
   39.     Commission's monitoring role                              28
   40.     Commission may review dealings with misconduct            29
   41.     Commission may direct authority not to take action        30
           Division 5 -- Recommendations
   42.     Recommendations by Commission                             31
   43.     Independent agency must notify person of
           recommendation                                            32
   44.     Other action for misconduct                               32



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                                                               Contents



      Part 4 -- Organised crime: exceptional
           powers and fortification removal
      Division 1 -- Basis for, and control of, use of
             exceptional powers
45.   Terms used in this Part                                    33
46.   Finding as to grounds for exercising exceptional
      powers                                                     33
47.   Scope of Divisions 2 to 5                                  34
      Division 2 -- Examination before Commission
48.   Summoning witnesses to attend and produce things on
      application of Commissioner of Police                      34
49.   Examination of witnesses by Commissioner of Police         34
50.   Offences for which a person stands charged                 35
      Division 3 -- Entry, search and related matters
51.   Commission may limit exercise of power                     35
52.   Enhanced power to enter, search, and detain                36
53.   Enhanced power to stop, detain, and search                 37
54.   Provisions about searching a person                        38
55.   Extension of power to search                               39
56.   Things that have been seized                               39
57.   Offences under this Division                               40
58.   Report on use of powers                                    40
59.   Overseeing exercise of powers under this Division          41
      Division 4 -- Assumed identities
60.   Approval for assumed identity                              41
61.   Report about assumed identity approval                     42
62.   Overseeing exercise of powers under this Division          42
      Division 5 -- Controlled operations
63.   Terms used in this Division                                43
64.   Authority to conduct controlled operation and
      integrity testing                                          43
65.   Report about controlled operation or integrity testing
      programme                                                  44
66.   Overseeing exercise of powers under this Division          45
      Division 6 -- Fortifications
67.   Terms used in this Division                                45
68.   Issuing fortification warning notice                       46
69.   Contents of fortification warning notice                   47

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   70.     Giving fortification warning notice                      47
   71.     Withdrawal notice                                        48
   72.     Issuing fortification removal notice                     49
   73.     Contents of fortification removal notice                 49
   74.     Giving fortification removal notice                      50
   75.     Enforcing fortification removal notice                   50
   76.     Review of fortification removal notice                   51
   77.     Hindering removal or modification of fortifications      52
   78.     Planning and other approval issues                       53
   79.     No compensation                                          53
   80.     Protection from liability for wrongdoing                 53
           Division 7 -- General matters
   81.     Part not applicable to juveniles                         54
   82.     Delegation by Commissioner of Police                     54
   83.     Judicial supervision excluded                            54
           Part 5 -- Reporting
           Division 1 -- Reports by Commission on specific
                  matters
   84.     Report to Parliament on investigation or received
           matter                                                   55
   85.     Report to Parliament on further action by appropriate
           authority                                                55
   86.     Contents of reports                                      56
   87.     Disclosure of matters in report                          56
   88.     Special reports                                          57
   89.     Report to the Minister, other Ministers or a Standing
           Committee                                                57
   90.     Reports concerning police officers and chief executive
           officers                                                 57
           Division 2 -- General reports
   91.     Annual report to Parliament                              58
   92.     Periodical report to Parliament                          60
           Division 3 -- General matters
   93.     Laying documents before House of Parliament that is
           not sitting                                              61




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                                                                   Contents



       Part 6 -- Powers
       Division 1 -- Particular powers to require
              information or attendance
94.    Power to obtain statement of information                      62
95.    Power to obtain documents and other things                    63
96.    Power to summon witnesses to attend and produce
       things                                                        64
97.    Witnesses to attend while required                            64
98.    Power of Commission in relation to things produced            64
99.    Notation on notice or summons to restrict disclosure          65
       Division 2 -- Entry, search and related matters
100.   Power to enter and search public premises                     67
101.   Search warrants                                               68
       Division 3 -- Assumed identities
102.   Terms used in this Division                                   69
103.   Approval for assumed identity                                 70
104.   What an approval authorises                                   71
105.   Issuing evidence of assumed identity                          72
106.   Court orders as to entries in register                        72
107.   Hearing of application                                        73
108.   Cancellation of evidence of assumed identity                  73
109.   Cancellation of approval affecting entry in register of
       births, deaths and marriages                                  74
110.   Cancelling entries in register of births, deaths and
       marriages                                                     74
111.   Protection from liability                                     74
112.   Indemnity                                                     75
113.   Particular skills or qualifications                           75
114.   Identity of certain officers not to be disclosed in legal
       proceedings                                                   76
115.   Information not to be disclosed                               76
116.   Misuse of assumed identity                                    77
117.   Evidence                                                      77
118.   Review                                                        78
       Division 4 -- Controlled operations and integrity
              testing programmes
119.   Terms used in this Division                                   78
120.   Provisions are not to affect certain matters                  79
121.   Authority to conduct controlled operation                     79

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   122.    Certain matters not to be authorised                      81
   123.    Authority to conduct integrity testing programme          82
   124.    Variation of authority                                    83
   125.    Cancellation of authority                                 84
   126.    Effect of authority                                       84
   127.    Defect in authority                                       84
   128.    Protection from criminal responsibility                   84
   129.    Indemnification of participants against civil liability   85
   130.    Requirements that must be met to obtain protection
           from criminal responsibility or indemnity                 86
   131.    Effect of being unaware of variation or cancellation of
           authority                                                 86
   132.    Protection from criminal responsibility for certain
           ancillary activities                                      87
   133.    Evidence                                                  87
   134.    Identity of certain participants not to be disclosed in
           legal proceedings                                         87
           Division 5 -- General
   135.    Evidence                                                  88
   136.    Ancillary powers                                          88
           Part 7 -- Examinations and deciding
                claims of privilege and excuse
           Division 1 -- Examinations
   137.    Commission may conduct examinations                       89
   138.    Conduct                                                   89
   139.    Examination to be private unless otherwise ordered        89
   140.    Public examination                                        90
   141.    Power to examine on oath or affirmation                   90
   142.    Legal representation                                      90
   143.    Examination                                               91
           Division 2 -- Claims of privilege and reasonable
                 excuse
   144.    Legal professional privilege                              91
   145.    Use of statements obtained                                92
           Division 3 -- General
   146.    Allowances for witnesses                                  92
   147.    Protection of Commission, legal representatives and
           witnesses                                                 93


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                           Corruption and Crime Commission Bill 2003



                                                             Contents



       Part 8 -- Arrest warrants
148.   Arrest                                                  94
149.   Conditional release from custody                        95
150.   Review by Supreme Court                                 96
       Part 9 -- Disclosure, secrecy and
            protection of witnesses
151.   Disclosure generally                                    97
152.   Disclosure by the Commission or officers of the
       Commission                                              99
153.   Disclosure by other officials                          101
154.   Exclusion of other laws                                102
155.   Application of Telecommunications (Interception)
       Western Australia Act 1996                             102
156.   Witness protection arrangements                        102
       Part 10 -- Contempt
157.   Meaning of "reasonable excuse"                         104
158.   Penalty for failing to comply with notice              104
159.   Penalty for failing to attend or produce anything      104
160.   Penalty for failing to be sworn or to give evidence    105
161.   Penalties in relation to search warrants               105
162.   Other contempt of Commission                           106
163.   Punishment of contempt                                 106
164.   Conduct that is contempt and offence                   107
       Part 11 -- Offences
165.   Obstructing or hindering the Commission, the
       Parliamentary Inspector or an officer                  108
166.   Malicious disclosure of false allegation               108
167.   Disclosure contrary to notation on summons             108
168.   Giving false testimony                                 110
169.   Bribery of witness                                     110
170.   Fraud on witness                                       111
171.   Destroying evidence                                    111
172.   Preventing witness from attending                      111
173.   Injury or detriment to witness                         111
174.   Dismissal by employer of witness                       112
175.   Victimisation                                          112
176.   Pretending to be officer                               113

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Contents



   177.     Summary conviction of crimes                          113
            Part 12 -- Administration
            Division 1 -- Staff
   178.     Commission is not an SES organisation                 114
   179.     Staff of the Commission                               114
   180.     Service as public service officer                     114
   181.     Secondment of staff and use of facilities             115
   182.     Engagement of service providers                       116
   183.     Oath or affirmation                                   117
   184.     Authorised officers                                   117
   185.     Delegation                                            118
            Division 2 -- Financial provisions
   186.     Funds of Commission                                   119
   187.     Application of Financial Administration and Audit
            Act 1985                                              120
            Part 13 -- Parliamentary Inspector of
                 the Corruption and Crime
                 Commission
            Division 1 -- Office of Parliamentary Inspector of
                  the Corruption and Crime Commission
   188.     Parliamentary Inspector of the Corruption and Crime
            Commission                                            121
   189.     Appointment of Parliamentary Inspector                121
   190.     Qualifications for appointment                        121
   191.     Terms and conditions of service                       122
   192.     Removal or suspension of Parliamentary Inspector      122
   193.     Acting appointment                                    123
   194.     Oath or affirmation of office                         124
            Division 2 -- Functions of the Parliamentary
                  Inspector
   195.     Functions                                             125
   196.     Powers                                                126
   197.     Inquiries                                             127
   198.     Parliamentary Inspector not to interfere with
            Commission's operations                               128




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                           Corruption and Crime Commission Bill 2003



                                                             Contents



       Division 3 -- Reporting
199.   Report to Parliament                                   128
200.   Contents of report                                     129
201.   Report to a Standing Committee                         129
202.   Disclosure of matters in report                        129
203.   Annual report to Parliament                            129
204.   Periodical report to Parliament                        130
205.   Reports not to include certain information             130
206.   Laying documents before House of Parliament that is
       not sitting                                            131
       Division 4 -- Disclosure
207.   Restriction on disclosure generally                    132
208.   Disclosure by Parliamentary Inspector or officer       132
209.   Disclosure by other officials                          134
       Division 5 -- Staff
210.   Staff of the Parliamentary Inspector                   135
211.   Service as public service officer                      135
212.   Secondment of staff and use of facilities              136
213.   Engagement of service providers                        137
214.   Oath or affirmation                                    137
       Division 6 -- Financial provisions
215.   Funds of Parliamentary Inspector                       138
216.   Application of Financial Administration and Audit
       Act 1985                                               138
       Part 14 -- Other matters
217.   Facilitating proof of certain things                   140
218.   Disclosure of interests                                140
219.   Protection against liability                           141
220.   Protections as to allegations and information          142
221.   Protection for compliance with this Act                143
222.   Proceedings for defamation not to lie                  143
223.   Privilege, protection or immunity not limited or
       abridged                                               143
224.   Records                                                143
225.   Execution of documents by Commission                   144
226.   Review of Act                                          145
227.   Regulations                                            145



                                                              page ix
Corruption and Crime Commission Bill 2003



Contents



           Part 15 -- Repeals, transitional and
                savings provisions, and
                consequential amendments
           Division 1 -- General
  228.     Interpretation Act 1984 applies                      146
           Division 2 -- Criminal Investigation (Exceptional
                  Powers) and Fortification Removal Act 2002
  229.     Meaning of terms used in this Division               146
  230.     Criminal Investigation (Exceptional Powers) and
           Fortification Removal Act 2002 repealed              146
  231.     Continuing protection of witnesses                   146
           Division 3 -- Anti-Corruption Commission Act 1988
           Subdivision 1 -- Amendments to the Anti-
                  Corruption Commission Act 1988
  232.     The Act amended                                      147
  233.     Long title replaced                                  147
  234.     Section 3 amended                                    148
  235.     Section 12 amended                                   148
  236.     Part II Division 3 repealed                          148
  237.     Section 17 amended                                   148
  238.     Section 19 amended                                   149
  239.     Section 48A inserted                                 149
           Subdivision 2 -- Repeal of the Anti-Corruption
                  Commission Act 1988 and transitional and
                  savings provisions
  240.     Meaning of terms used in this Division               151
  241.     Anti-Corruption Commission Act 1988 repealed         151
  242.     References to repealed Act and former titles         151
  243.     Transfer of assets and liabilities to Commission     151
  244.     Notices and requests                                 152
  245.     Proceedings                                          152
  246.     Continuation of allegations                          152
  247.     Offences                                             153
  248.     Completion of things done                            153
  249.     Continuing effect of things done                     153
  250.     Warrants and emergency authorisations continued in
           force                                                153
  251.     Transfer of records                                  154

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                         Corruption and Crime Commission Bill 2003



                                                            Contents



252.   A-CC officers                                         154
253.   Financial reporting                                   156
       Division 4 -- Royal Commission (Police) Act 2002
254.   Powers of Commission regarding matters related to
       Police Royal Commission                               157
255.   Warrants and emergency authorisations continued in
       force                                                 157
256.   Assumed identity approvals continue in force          158
257.   Records                                               158
258.   Amendment to Royal Commission (Police) Act 2002       158
       Division 5 -- Parliamentary Commissioner Act 1971
259.   Parliamentary Commissioner Act 1971 amended           159
260.   Parliamentary Commissioner must refer certain
       investigations to Commission                          159
       Division 6 -- Consequential amendments to other
              Acts
261.   Other Acts amended                                    160
       Division 7 -- General
262.   Further transitional provisions may be made           160
       Schedule 1 -- Offences that may be
           relevant for Part 4                               162

       Schedule 2 -- Terms and conditions of
           service of Commissioner                           164
1.     Tenure of office                                      164
2.     Terms of appointment                                  164
3.     Remuneration, leave and entitlements                  164
4.     Provisions where Commissioner was Judge               165
5.     Provisions where Commissioner was public service
       officer                                               166
6.     Resignation                                           166
7.     Vacancy                                               166
       Schedule 3 -- Terms and conditions of
           service of Parliamentary Inspector                168
1.     Tenure of office                                      168
2.     Terms of appointment                                  168


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Corruption and Crime Commission Bill 2003



Contents



   3.      Remuneration, leave and entitlements                  168
   4.      Provisions where Parliamentary Inspector was Judge    169
   5.      Provisions where Parliamentary Inspector was public
           service officer                                       169
   6.      Resignation                                           170
   7.      Vacancy                                               170
           Schedule 4 -- Amendments to other
               Acts as a consequence of enactment
               of Corruption and Crime
               Commission Act 2003                               171
           Division 1 -- Parliamentary Commissioner Act 1971
                  amended                                        171
   1.      The Act amended                                       171
   2.      Long title amended                                    171
   3.      Section 4 amended                                     171
   4.      Section 14 amended                                    172
   5.      Section 22A amended                                   172
   6.      Section 22B amended                                   172
   7.      Schedule 1 amended                                    173
           Division 2 -- Amendments to other Acts                 174
   8.      Constitution Acts Amendment Act 1899 amended          174
   9.      Court Security and Custodial Services Act 1999
           amended                                               174
   10.     The Criminal Code amended                             175
   11.     Financial Administration and Audit Act 1985
           amended                                               177
   12.     Freedom of Information Act 1992 amended               177
   13.     Juries Act 1957 amended                               177
   14.     Prisons Act 1981 amended                              179
   15.     Public Interest Disclosure Act 2003 amended           180
   16.     Salaries and Allowances Act 1975 amended              182
   17.     Spent Convictions Act 1988 amended                    183
   18.     Surveillance Devices Act 1998 amended                 184
   19.     Telecommunications (Interception) Western Australia
           Act 1996 amended                                      191
   20.     Witness Protection (Western Australia) Act 1996
           amended                                               192



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                                                            Contents



      Schedule 5 -- Amendments to other
          Acts as a consequence of repeal of
          the Anti-Corruption Commission
          Act 1988                                           195
      Division 1 -- Parliamentary Commissioner Act 1971
             amended                                         195
1.    The Act amended                                        195
2.    Section 4 amended                                      195
3.    Section 22A amended                                    195
4.    Section 22B amended                                    195
5.    Schedule 1 amended                                     195
      Division 2 -- Amendments to other Acts                  196
6.    Court Security and Custodial Services Act 1999
      amended                                                196
7.    The Criminal Code amended                              196
8.    Financial Administration and Audit Act 1985
      amended                                                197
9.    Freedom of Information Act 1992 amended                197
10.   Juries Act 1957 amended                                197
11.   Prisons Act 1981 amended                               197
12.   Public Interest Disclosure Act 2003 amended            198
13.   Salaries and Allowances Act 1975 amended               198
14.   Spent Convictions Act 1988 amended                     199
15.   Surveillance Devices Act 1998 amended                  199
16.   Telecommunications (Interception) Western Australia
      Act 1996 amended                                       201
      Defined Terms                                          202




                                                            page xiii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

 (As amended during consideration in detail and upon reconsideration)


  Corruption and Crime Commission Bill 2003


                               A Bill for


An Act to --
•  provide for the establishment and operation of a Corruption and
   Crime Commission;
•  provide for the establishment and operation of a Parliamentary
   Inspector of the Corruption and Crime Commission;
•  repeal the Anti-Corruption Commission Act 1988;
•  repeal the Criminal Investigation (Exceptional Powers) and
   Fortification Removal Act 2002;
•  make amendments and provide for transitional matters as a
   consequence of the enactment of this Act and the repeal of other
   Acts.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Corruption and Crime Commission Bill 2003
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Corruption and Crime Commission
                Act 2003.

5    2.         Commencement
          (1)   This Act comes into operation on a day to be fixed by
                proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
10        (3)   A day for the coming into operation of Part 15 Division 3
                Subdivision 2 is to be fixed under subsection (1) after the
                Commission has certified, by written notice delivered to the
                Governor, that the Commission is of the opinion that the
                functions of the A-CC are substantially exhausted.

15   3.         Terms used in this Act
                In this Act unless the contrary intention appears --
                "A-CC" means the Anti-Corruption Commission established
                     under the Anti-Corruption Commission Act 1988;
                "allegation" means --
20                   (a) a report made to the Commission under section 25;
                     (b) a proposition initiated by the Commission under
                           section 26;
                     (c) a matter notified under section 28(2); or
                     (d) a received matter;
25              "appropriate authority" means a person, body or organisation
                     who or which is empowered by a law of the State to take
                     investigatory or other action, or both, in relation to
                     misconduct, but does not include an independent agency;



     page 2
                          Corruption and Crime Commission Bill 2003
                                          Preliminary        Part 1

                                                                 s. 3



     "Commission" means the Corruption and Crime Commission
         established under this Act;
     "Commissioner" means the person holding the office of
         Commissioner established under this Act or acting in that
5        office for the reasons mentioned in section 14(1)(a) or (b);
     "Commissioner of Police" means the person holding or acting
         in the office of Commissioner of Police under the Police
         Act 1892;
     "contractor" has the meaning given by the Court Security and
10       Custodial Services Act 1999 or the Prisons Act 1981, as is
         relevant to the case;
     "disclose" means --
          (a) publish in any way; or
         (b) divulge or communicate to any person in any way;
15   "Director of Public Prosecutions" has the meaning given to
         "Director" in the Director of Public Prosecutions Act 1991;
     "disciplinary action" means disciplinary action under any law
         or contract and includes --
          (a) action under section 8 of the Police Act 1892; and
20       (b) the taking of action against a person, with a view to
                dismissing, dispensing with the services of or
                otherwise terminating the services of that person;
     "disciplinary offence" includes any conduct or other matter
         that constitutes or may constitute grounds for disciplinary
25       action;
     "examination" means an examination under Part 7;
     "independent agency" means --
          (a) the Parliamentary Commissioner;
         (b) the Director of Public Prosecutions;
30        (c) the Auditor General;
         (d) the Inspector of Custodial Services; and
          (e) the Commissioner for Public Sector Standards;

                                                              page 3
     Corruption and Crime Commission Bill 2003
     Part 1         Preliminary

     s. 3



              "inquiry" means an inquiry by the Parliamentary Inspector
                   under section 197;
              "investigation" means an investigation under this Act and
                   includes a preliminary investigation referred to in
5                  section 32;
              "legal practitioner" has the meaning given to "practitioner" in
                   the Legal Practitioners Act 1893;
              "misconduct" has the meaning given by section 4;
              "notifying authority" means --
10                 (a) a department or organisation as defined in the Public
                         Sector Management Act 1994;
                   (b) an entity in respect of which a declaration is in effect
                         under section 52(4) of the Financial Administration
                         and Audit Act 1985;
15                 (c) a statutory authority as defined in the Financial
                         Administration and Audit Act 1985;
                   (d) an authority to which the Parliamentary
                         Commissioner Act 1971 applies;
                   (e) a person or body, or holder of an office --
20                          (i) under whom or which a public officer holds
                                 office or by whom or which a public officer is
                                 employed; or
                           (ii) who or which is prescribed for the purposes of
                                 this subparagraph,
25                 but does not include the President of the Legislative
                   Council or the Speaker of the Legislative Assembly;
              "officer of the Commission" means --
                   (a) the Commissioner;
                   (b) a person appointed under section 179;
30                 (c) a person seconded or otherwise engaged under
                         section 181; or
                   (d) a person engaged under section 182;


     page 4
                          Corruption and Crime Commission Bill 2003
                                          Preliminary        Part 1

                                                                   s. 3



     "officer of the Parliamentary Inspector" means --
          (a) a person appointed under section 210;
          (b) a person seconded or otherwise engaged under
                section 212; or
5         (c) a person engaged under section 213;
     "organised crime" means activities of 2 or more persons
          associated together solely or partly for purposes in the
          pursuit of which 2 or more Schedule 1 offences are
          committed, the commission of each of which involves
10        substantial planning and organisation;
     "organised crime examination" means an examination to
          which a person is summoned under an organised crime
          summons;
     "organised crime summons" means a summons issued under
15        section 96 on an application by the Commissioner of Police
          under section 48;
     "Parliamentary Commissioner" has the meaning given to
          "Commissioner" under the Parliamentary Commissioner
          Act 1971;
20   "Parliamentary Inspector" means the person holding the
          office of Parliamentary Inspector of the Corruption and
          Crime Commission established under this Act or acting in
          the office for the reasons mentioned in section 193(1)(a) or
          (b);
25   "perform" includes to exercise;
     "police officer" means a person appointed --
          (a) under Part I of the Police Act 1892 to be a member of
                the Police Force;
          (b) under Part III of the Police Act 1892 to be a special
30              constable; or
          (c) under section 38A of the Police Act 1892 to be an
                aboriginal aide;



                                                               page 5
     Corruption and Crime Commission Bill 2003
     Part 1         Preliminary

     s. 3



              "Police Royal Commission" has the meaning given to
                  "Commission" under the Royal Commission (Police)
                  Act 2002;
              "principal officer of a notifying authority" means --
5                 (a) in the case of a department or organisation as defined
                        in the Public Sector Management Act 1994, the chief
                        executive officer or chief employee of that
                        department or organisation;
                  (b) in the case of a notifying authority that is an entity in
10                      respect of which a declaration is in effect under
                        section 52(4) of the Financial Administration and
                        Audit Act 1985, the holder of the office that is the
                        subject of that declaration;
                  (c) in the case of a contractor and any subcontractor
15                      under the relevant contract, the holder of the office
                        specified in the relevant contract to be the principal
                        officer for the purposes of this Act; and
                  (d) in any other case --
                           (i) the person specified in the regulations as the
20                              principal officer of that notifying authority or
                                a notifying authority of that class; or
                          (ii) if no person is specified under
                                subparagraph (i), the person who is the head
                                of that notifying authority, its most senior
25                              officer or the person normally entitled to
                                preside at its meetings;
              "public authority" means --
                  (a) a notifying authority;
                  (b) a body mentioned in Schedule V Part 3 to the
30                      Constitution Acts Amendment Act 1899;
                  (c) an authority, board, corporation, commission,
                        council, committee, local government, regional local
                        government or similar body established under a
                        written law;

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         (d)   a body that is the governing authority of a body
               referred to in paragraph (b) or (c); or
         (e) a contractor or subcontractor;
     "public officer" has the meaning given by section 1 of The
5        Criminal Code;
     "public service officer" has the meaning given by section 3(1)
         of the Public Sector Management Act 1994;
     "received matter" means --
         (a) a matter referred to the Commission by the Police
10             Royal Commission, the A-CC or the Parliamentary
               Commissioner; or
         (b) a matter received by the Commission in the
               performance of its functions under section 19(2)(b);
         (c) any allegation made to the A-CC under the
15             Anti-Corruption Commission Act 1988 that has not
               been finally dealt with under that Act immediately
               before the repeal of that Act under section 241;
     "record" includes anything that is a document as defined in
         section 79B of the Evidence Act 1906;
20   "reviewable police action" means any action taken by a police
         officer or an employee of the Police Service of the Public
         Service, that --
         (a) is contrary to law;
         (b) is unreasonable, unjust, oppressive or improperly
25             discriminatory;
         (c) is in accordance with a rule of law, or a provision of
               an enactment or a practice, that is or may be
               unreasonable, unjust, oppressive or improperly
               discriminatory;
30       (d) is taken in the exercise of a power or a discretion, and
               is so taken for an improper purpose or on irrelevant
               grounds, or on the taking into account of irrelevant
               considerations; or


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                   (e)   is a decision that is made in the exercise of a power
                         or a discretion and the reasons for the decision are
                         not, but should be, given;
              "Schedule 1 offence" means an offence described in
5                 Schedule 1;
              "section 5 offence" has the meaning given by section 5;
              "Standing Committee" means --
                   (a) a Standing Committee of either House of Parliament;
                         or
10                (b) a Joint Standing Committee of both Houses of
                         Parliament,
                  appointed to monitor or review the performance of the
                  functions of the Commission or the Parliamentary Inspector
                  or both;
15            "State Records Commission" means the Commission
                  established under section 57 of the State Records Act 2000;
              "subcontractor" has the meaning given by the Court Security
                  and Custodial Services Act 1999 or the Prisons Act 1981,
                  as is relevant to the case;
20            "witness" means a person who appears at an examination or an
                  inquiry to give evidence, whether the person has been
                  summoned or appears without being summoned.

     4.       Misconduct
              Misconduct occurs if --
25             (a) a public officer corruptly acts or corruptly fails to act in
                    the performance of the functions of the public officer's
                    office or employment;
               (b) a public officer corruptly takes advantage of the public
                    officer's office or employment as a public officer to
30                  obtain a benefit for himself or herself or for another
                    person;



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     (c)   a public officer whilst acting or purporting to act in his
           or her official capacity, commits an offence punishable
           by 2 or more years' imprisonment;
     (d)   a public officer engages in conduct that --
5             (i) adversely affects, or could adversely affect,
                   directly or indirectly, the honest or impartial
                   performance of the functions of a public body or
                   public officer;
             (ii) constitutes or involves the performance of his or
10                 her functions in a manner that is not honest or
                   impartial;
            (iii) constitutes or involves a breach of the trust
                   placed in the public officer by reason of his or
                   her office or employment as a public officer; or
15          (iv) involves the misuse of information or material
                   that the public officer has acquired in connection
                   with his or her functions as a public officer,
                   whether the misuse is for the benefit of the
                   public officer or another person,
20         and constitutes or could constitute --
             (v) an offence against the Statutory Corporations
                   (Liability of Directors) Act 1996 or any other
                   written law; or
            (vi) a disciplinary offence providing reasonable
25                 grounds for the termination of a person's office
                   or employment as a public service officer under
                   the Public Sector Management Act 1994
                   (whether or not the public officer to whom the
                   allegation relates is a public service officer or is
30                 a person whose office or employment could be
                   terminated on the grounds of such conduct); or
     (e)   a public officer, whilst acting or purporting to act in his
           or her official capacity, engages in reviewable police
           action.


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     5.         Section 5 offences
                A section 5 offence is a Schedule 1 offence committed in the
                course of organised crime.

     6.         Application
5         (1)   The Commission may receive information and otherwise
                perform its functions in relation to acts, omissions or conduct
                occurring before or after the coming into operation of this Act.
          (2)   The Commission may receive information and otherwise
                perform its functions in relation to acts, omissions or conduct
10              alleged to have been done, omitted or engaged in by a person
                who was a public officer at the time of the alleged acts,
                omissions or conduct even if the person has ceased to be a
                public officer.

     7.         Act to bind the Crown
15              This Act binds the Crown in right of the State and, so far as the
                legislative power of the State permits, the Crown in its other
                capacities.




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          Part 2 -- The Corruption and Crime Commission
          Division 1 -- Office of Corruption and Crime Commission
     8.         Corruption and Crime Commission
          (1)   A commission called the Corruption and Crime Commission is
5               established.
          (2)   The Commission is a body corporate with perpetual succession.
          (3)   Proceedings may be taken by or against the Commission in its
                corporate name.

     9.         Corruption and Crime Commissioner
10        (1)   There is to be a Commissioner who, in the name of the
                Commission, is to perform the functions of the Commission
                under this Act and any other written law.
          (2)   Without limiting subsection (1), if under this Act or any other
                written law an act or thing may or must be done by, to, by
15              reference to or in relation to the Commission, the act or thing is
                to be regarded as effectually done if done to, by reference to or
                in relation to the Commissioner.
          (3)   The Commissioner is to be appointed by the Governor by
                commission under the Public Seal of the State.
20        (4)   Before an appointment is made under subsection (3) the Premier
                is to consult with the Parliamentary leader of each party in the
                Parliament.
          (5)   The Commissioner is to hold office in accordance with this Act.
          (6)   The office of Commissioner is not an office in the Public
25              Service.




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     10.         Qualifications for appointment
           (1)   In subsection (2) --
                 "legal experience" means --
                      (a) standing and practice in the State as a legal
5                          practitioner;
                     (b) standing and practice in another State or a Territory
                           as a barrister or solicitor of the Supreme Court of that
                           State or Territory;
                      (c) judicial service (including service as a judge of a
10                         court, a magistrate or other judicial officer) in the
                           State or elsewhere in a common law jurisdiction; or
                     (d) a combination of 2 or more kinds of legal experience
                           defined in this section.
           (2)   Subject to subsection (3), a person is eligible for appointment as
15               Commissioner if that person --
                  (a) is or has been a legal practitioner and has had not less
                        than 8 years legal experience; or
                  (b) is a practising barrister of the High Court of Australia
                        and has had not less than 8 years legal experience.
20         (3)   A person who is or has been a police officer is not eligible to be
                 appointed as Commissioner.

     11.         Terms and conditions of service
                 Schedule 2 has effect with respect to the tenure, remuneration
                 and conditions of service of the Commissioner and the other
25               matters provided for in that Schedule.

     12.         Removal or suspension of Commissioner
           (1)   The Commissioner may, at any time, be suspended or removed
                 from office by the Governor on addresses from both Houses of
                 Parliament.



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           (2)   If the Governor is satisfied that the Commissioner --
                   (a) is incapable of properly performing the duties of office;
                   (b) has shown himself or herself incompetent properly to
                         perform, or has neglected, those duties; or
5                  (c) has been guilty of misconduct,
                 the Governor may suspend the Commissioner from office.
           (3)   If the Commissioner has been suspended from office under
                 subsection (2) the Commissioner is to be restored to office
                 unless --
10                 (a) a statement of the grounds of the suspension is laid
                         before each House of Parliament during the first
                         7 sitting days of that House following the suspension;
                         and
                   (b) each House of Parliament, during the session in which
15                       the statement is so laid, and within 30 sitting days of that
                         statement being so laid, passes an address praying for
                         the removal of the Commissioner from office.

     13.         Declaration of inability to act
                 The Commissioner may declare himself or herself unable to act
20               in respect of a particular matter by reason of --
                   (a) an actual or potential conflict of interest; or
                   (b) having to perform other functions under this Act.

     14.         Acting appointment
           (1)   The Governor may appoint a person who is eligible for
25               appointment as Commissioner to act in the office of
                 Commissioner --
                   (a) during a vacancy in that office;
                   (b) during any period or during all periods when the person
                        holding the office of Commissioner, or a person
30                      appointed under this subsection, is unable to perform the
                        functions of that office or is absent from the State; or

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                (c)   in relation to any matter in respect of which the person
                      holding the office of Commissioner, or a person
                      appointed under this subsection, has under section 13
                      declared himself or herself unable to act.
5       (2)    An appointment under this section --
                (a) may be made at any time and may be terminated at any
                     time by the Governor; and
                (b) may be expressed to have effect only in the
                     circumstances specified in the instrument of
10                   appointment.
        (3)    Subject to this Act, the terms and conditions of appointment,
               including remuneration and other entitlements, of a person
               acting under this section are to be as determined from time to
               time by the Governor.
15      (4)    A person acting under this section for the reason mentioned in
               subsection (1)(c) may perform functions of the Commissioner in
               relation to the matter for which he or she is appointed even
               though the Commissioner is at the same time performing other
               functions of the office.
20      (5)    If a person is acting under this section for the reason mentioned
               in subsection (1)(c), a reference to the Commissioner in a
               provision of this Act that is relevant to the performance by that
               person of a function of the Commissioner in relation to the
               matter for which that person is appointed includes a reference to
25             that person.
        (6)    The validity of anything done by or in relation to a person
               purporting to act under this section is not to be called into
               question on the ground that --
                 (a) the occasion for an appointment under this section had
30                    not arisen;
                (b) there is a defect or irregularity in the appointment;
                 (c) the appointment had ceased to have effect; or


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                  (d)     the occasion for the person to act had not arisen or had
                          ceased.

     15.         Oath or affirmation of office
           (1)   Before beginning to perform the functions of the office of
5                Commissioner a person is to take an oath or make an
                 affirmation that he or she --
                   (a) will faithfully and impartially perform the functions of
                         the office; and
                   (b) will not, except in accordance with this Act, disclose
10                       any information received under this Act.
           (2)   The oath or affirmation is to be administered by a Judge.

     Division 2 -- Functions of Corruption and Crime Commission
     16.         Commission's general functions
                 The Commission has the functions conferred or imposed by or
15               under this Act or any other written law.

     17.         Commission's prevention and education function
           (1)   The Commission has a function (the "prevention and
                 education function") of helping to prevent misconduct.
           (2)   Without limiting the ways the Commission may perform the
20               prevention and education function, the Commission performs
                 that function by --
                   (a) taking action to raise standards of integrity and conduct
                         in public officers and public authorities;
                   (b) providing information to, consulting with, and making
25                       recommendations to public authorities;
                   (c) providing information relevant to its prevention and
                         education function to the general community; and
                   (d) reporting on ways to prevent misconduct.



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     18.         Commission's misconduct function
           (1)   It is a function of the Commission (the "misconduct function")
                 to ensure that an allegation about, or information or matter
                 involving, misconduct is dealt with in an appropriate way.
5          (2)   Without limiting how the Commission may perform the
                 misconduct function, the Commission performs the function
                 by --
                   (a) receiving and initiating allegations of misconduct;
                  (b) considering whether action is needed in relation to
10                     allegations and matters related to misconduct;
                   (c) investigating or taking other action in relation to
                       allegations and matters related to misconduct if it is
                       appropriate to do so, or referring the allegations or
                       matters to independent agencies or appropriate
15                     authorities so that they can take action themselves or in
                       cooperation with the Commission;
                  (d) monitoring the way in which independent agencies and
                       appropriate authorities take action in relation to
                       allegations and matters that are referred to them by the
20                     Commission;
                   (e) regardless of whether or not there has been an allegation
                       of misconduct, investigating whether misconduct --
                           (i) has or may have occurred;
                          (ii) is or may be occurring;
25                       (iii) is or may be about to occur; or
                         (iv) is likely to occur;
                   (f) making recommendations and furnishing reports on the
                       outcome of investigations;
                  (g) consulting, cooperating and exchanging information
30                     with independent agencies, appropriate authorities
                       and --
                           (i) the Commissioner of the Australian Federal
                                Police;

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               (ii) the Commissioner of a Police Force of another
                    State or Territory;
              (iii) the CEO of the Australian Crime Commission
                    established by the Australian Crime Commission
5                   Act 2002 of the Commonwealth;
              (iv) the Commissioner of Taxation holding office
                    under the Taxation Administration Act 1953 of
                    the Commonwealth;
               (v) the Director-General of Security holding office
10                  under the Australian Security Intelligence
                    Organisation Act 1979 of the Commonwealth;
              (vi) the Director of the Australian Transaction
                    Reports and Analysis Centre under the Financial
                    Transaction Reports Act 1988 of the
15                  Commonwealth;
             (vii) any person, or authority or body of this State, the
                    Commonwealth, another State or a Territory that
                    is declared by the Minister to be a person,
                    authority or body to which this paragraph
20                  applies;
     (h)     assembling evidence obtained in the course of
             exercising the misconduct function and --
                (i) furnishing to an independent agency or another
                    authority, evidence which may be admissible in
25                  the prosecution of a person for a criminal offence
                    against a written law or which may otherwise be
                    relevant to the functions of the agency or
                    authority; and
               (ii) furnishing to the Attorney General or a suitable
30                  authority of another State, a Territory, the
                    Commonwealth or another country, evidence
                    which may be admissible in the prosecution of a
                    person for a criminal offence against a law of the
                    jurisdiction concerned or which may otherwise
35                  be relevant to that jurisdiction.

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     19.         Commission's functions in relation to Police Royal
                 Commission
           (1)   In this section --
                 "record" includes --
5                     (a) evidence in any form; and
                      (b) information and other things.
           (2)   Without limiting the Commission's functions under section 18,
                 the Commission has the following functions in relation to the
                 Police Royal Commission --
10                 (a) to receive and assess all matters referred to the
                         Commission by the Police Royal Commission under
                         subsection (3);
                   (b) to receive and assess all matters not completed by the
                         Police Royal Commission at the end of the Police Royal
15                       Commission (as determined under section 3(2) of the
                         Royal Commission (Police) Act 2002);
                   (c) to treat any investigation or assessment of the Police
                         Royal Commission in relation to a matter referred to in
                         paragraph (a) or (b) as an investigation or assessment of
20                       the Commission;
                   (d) to initiate or continue the investigation of any such
                         matters where appropriate, and otherwise deal with
                         those matters;
                   (e) to receive and deal with records of the Police Royal
25                       Commission.
           (3)   The Police Royal Commission may refer any matter before the
                 Police Royal Commission to the Commission to be dealt with
                 under this Act.
           (4)   When the Commission receives a matter referred to in
30               paragraph (2)(a) or (2)(b), any record of the Police Royal
                 Commission for the purposes of or in relation to the matter is to
                 be transferred to the Commission, and becomes a record of the
                 Commission and may be dealt with accordingly.

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           (5)   The Commission may enter into arrangements with the person
                 appointed to be the Police Royal Commission regarding --
                   (a) the cooperative performance of the respective functions
                        of the Commission and the Police Royal Commission;
5                  (b) the joint use of facilities and staff; and
                   (c) the transfer of records from the Police Royal
                        Commission to the Commission.
           (6)   For the purposes of subsection (2), the Commission has, in
                 addition to its functions under this Act, all of the functions of
10               the Police Royal Commission.
           (7)   To the extent that a duty of the Commission under this Act is
                 inconsistent with a duty of the Police Royal Commission, this
                 Act prevails.

     20.         Commission's functions in relation to the A-CC
15               The Commission may enter into arrangements with the A-CC
                 regarding --
                   (a) the cooperative performance of the respective functions
                         of the Commission and the A-CC;
                   (b) the joint use of facilities and staff; and
20                 (c) the transfer of records and other things from the A-CC
                        to the Commission.

     21.         Commission's organised crime functions
                 The Commission has the functions set out in Part 4.




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     Corruption and Crime Commission Bill 2003
     Part 3         Misconduct
     Division 1     Assessments and opinions
     s. 22



                               Part 3 -- Misconduct
                        Division 1 -- Assessments and opinions
     22.         Assessments and opinions
           (1)   Regardless of whether or not there has been an allegation of
5                misconduct, the Commission may make assessments and form
                 opinions as to whether misconduct --
                   (a) has or may have occurred;
                  (b) is or may be occurring;
                   (c) is or may be about to occur; or
10                (d) is likely to occur.
           (2)   The Commission may make the assessments and form the
                 opinions on the basis of --
                   (a) consultations, and investigations and other actions
                        (either by itself or in cooperation with an independent
15                      agency or appropriate authority);
                  (b)     investigations or other action of the Police Royal
                          Commission;
                  (c)     preliminary inquiry and further action by the A-CC;
                  (d)     investigations or other action of an independent agency
20                        or appropriate authority; or
                  (e)     information included in any received matter or
                          otherwise given to the Commission.
           (3)   The Commission may advise an independent agency or
                 appropriate authority of an assessment or opinion.

25   23.         Commission must not decide as to commission of offence
           (1)   The Commission must not make a finding or form an opinion
                 that a particular person has committed, is committing or is about
                 to commit a criminal offence or disciplinary offence.



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                                                      Misconduct         Part 3
                                                      Allegations   Division 2
                                                                           s. 24



           (2)   An opinion that misconduct has occurred, is occurring or is
                 about to occur is not a finding or opinion that a particular person
                 has committed, or is committing or is about to commit a
                 criminal offence or disciplinary offence.

5                              Division 2 -- Allegations
     24.         Allegations
           (1)   Subject to section 27 the Commission --
                   (a)   is to receive allegations of misconduct by way of --
                            (i) reports under section 25;
10                         (ii) matters notified under section 28(2); and
                          (iii) received matters;
                         and
                  (b)    may initiate allegations of misconduct by way of
                         propositions under section 26.
15         (2)   Before assessing an allegation received by the Commission, the
                 Commission may seek further information about the allegation
                 from the person making the allegation in such form as the
                 Commission thinks fit.

     25.         Any person may report misconduct
20         (1)   A public officer or any other person may report to the
                 Commission any matter which that person suspects on
                 reasonable grounds concerns or may concern misconduct
                 that --
                   (a) has or may have occurred;
25                 (b) is or may be occurring;
                   (c) is or may be about to occur; or
                   (d) is likely to occur.
           (2)   A report may be made to the Commission orally or in writing.



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     Division 2     Allegations
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           (3)   This section has effect despite --
                  (a) the provisions of any other Act, whether enacted before
                         or after this Act; and
                  (b) any obligation the person has to maintain confidentiality
5                        about a matter to which the allegation relates.
           (4)   A person who exercises the power conferred by subsection (1)
                 does not commit an offence by reason of that exercise.

     26.         Proposition by Commission
           (1)   The Commission may make a proposition that misconduct --
10                (a) has or may have occurred;
                  (b) is or may be occurring;
                  (c) is or may be about to occur; or
                  (d) is likely to occur.
           (2)   A proposition under subsection (1) may be based on the
15               Commission's own experience and knowledge, or assessment of
                 a received matter, and independently of any allegation referred
                 to in section 25.

     27.         Allegation about Commissioner, Parliamentary Inspector or
                 judicial officer not to be received or initiated
20         (1)   An allegation about the Commissioner must not be received by
                 the Commission.
           (2)   An allegation about a person in his or her capacity as an officer
                 of the Commission must not be received or initiated by the
                 Commission.
25         (3)   An allegation about a person in his or her capacity as the
                 Parliamentary Inspector, or an officer of the Parliamentary
                 Inspector, must not be received or initiated by the Commission.




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                                                      Duty to notify Division 3
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           (4)   An allegation about a person in his or her capacity as the holder
                 of a judicial office must not be received or initiated by the
                 Commission unless the allegation relates to --
                   (a) the commission or attempted commission of;
5                  (b) the incitement of the commission of; or
                   (c) a conspiracy to commit,
                 an offence under section 121 of The Criminal Code.
           (5)   In subsection (4) --
                 "holder of a judicial office" has the same meaning as it has in
10                    section 121 of The Criminal Code.

                             Division 3 -- Duty to notify
     28.         Notification of misconduct
           (1)   This section applies to the following persons --
                  (a) the Parliamentary Commissioner;
15                (b) the Inspector of Custodial Services;
                  (c) the Commissioner of Police;
                  (d) the principal officer of a notifying authority;
                  (e) an officer who constitutes a notifying authority.
           (2)   Subject to subsections (4), (5) and (6), a person to whom this
20               section applies must notify the Commission in writing of any
                 matter --
                   (a) which that person suspects on reasonable grounds
                         concerns or may concern misconduct; and
                   (b) which, in the case of a person referred to in
25                       subsection (1)(d) or (e), is of concern to that person in
                         his or her official capacity.
           (3)   The Commission must be notified under subsection (2) as soon
                 as is reasonably practicable after the person becomes aware of
                 the matter.


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     Part 3         Misconduct
     Division 3     Duty to notify
     s. 28



        (4)    A person to whom this section applies is not required to notify
               the Commission of --
                 (a) a matter that --
                        (i) is being dealt with by that person, or the
5                            notifying authority of which that person is the
                             principal officer, under section 33(b); or
                       (ii) is referred to that person, or the notifying
                             authority of which that person is the principal
                             officer, by the Commission under section 33(c);
10                           or
                 (b) a matter that --
                        (i) is referred to that person, or a notifying authority
                             of which that person is the principal officer, by
                             the Parliamentary Inspector under
15                           section 196(3)(f); and
                       (ii) relates to conduct by the Commission, an officer
                             of the Commission or an officer of the
                             Parliamentary Inspector.
        (5)    The Director of Public Prosecutions is not required to notify the
20             Commission of a matter if the matter does not relate to conduct
               by --
                 (a) the Deputy Director, as defined in section 3 of the
                      Director of Public Prosecutions Act 1991; or
                (b) a member of staff appointed or made available for the
25                    performance of the functions of the Director of Public
                      Prosecutions under section 30 of the Director of Public
                      Prosecutions Act 1991.
        (6)    Except as provided in subsection (7), a person to whom this
               section applies is not required to notify the Commission of a
30             matter which concerns or may concern reviewable police action.
        (7)    The Commissioner of Police is required to notify the
               Commission under subsection (2) of a matter which concerns or



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                                                     Duty to notify Division 3
                                                                           s. 29



                 may concern reviewable police action in circumstances
                 described in guidelines issued under section 30.

     29.         Duty to notify is paramount
           (1)   The duty of a person to make a notification under section 28
5                must be complied with despite --
                  (a) the provisions of any other Act, whether enacted before
                        or after this Act; or
                  (b) any obligation the person has to maintain confidentiality
                        about a matter to which the allegation relates,
10               and the person does not commit an offence by reason of that
                 compliance.
           (2)   Subsection (1) does not affect an obligation under another
                 written law to notify misconduct.

     30.         Commission may issue guidelines about notifications
15               The Commission may issue guidelines about what matters are or
                 are not required to be notified to the Commission under
                 section 28.

     31.         Commission may report failure to comply
                 If a person to whom section 28 applies does not comply with the
20               duty to make a notification under that section, the Commission
                 may report that non-compliance --
                   (a) in the case of the principal officer referred to in
                          paragraph (c) of the definition of "principal officer of a
                          notifying authority", to the CEO as defined in section 3
25                        of the Court Security and Custodial Services Act 1999
                          or the chief executive officer as defined in section 3 of
                          the Prisons Act 1981, as is relevant to the case; and
                   (b) in any other case, to a person or body who or which has
                          the power to take disciplinary action against the person
30                        to whom section 28 applies.


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                 Division 4 -- Assessments, opinions and investigation
     32.           Dealing with allegations
           (1)     The Commission is to deal with an allegation by assessing the
                   allegation and forming an opinion under section 22, and making
5                  a decision under section 33 that the Commission considers
                   appropriate in the circumstances.
           (2)     For the purposes of subsection (1) the Commission may conduct
                   a preliminary investigation into the allegation.
           (3)     The Commission may consult any person or body about an
10                 allegation or other matter.

     33.           Decision on further action
                   Having made an assessment of an allegation the Commission
                   may decide to --
                    (a) investigate or take action without the involvement of
15                        any other independent agency or appropriate authority;
                    (b) investigate or take action in cooperation with an
                          independent agency or appropriate authority;
                    (c) refer the allegation to an independent agency or
                          appropriate authority for action; or
20                  (d) take no action.

     34.           Matters to be considered in deciding who should take action
                   When the Commission is deciding whether or not to refer an
                   allegation to an independent agency or appropriate authority, the
                   matters to which the Commission is to have regard include the
25                 following --
                     (a) the seniority of any public officer to whom the
                           allegation relates;
                     (b) the seriousness of the conduct to which the allegation
                           relates;



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                   (c)   the need for there to be an independent investigation
                         rather than an investigation by a public authority with
                         which any public officer to whom the allegation relates
                         is connected by membership or employment or in any
5                        other respect.

     35.         Informant to be notified of decision not to take action
                 If a person makes an allegation under section 25 or 28(2), and
                 the Commission decides to take no action, the Commission
                 must notify the person that the Commission has decided that no
10               action will be taken.

     36.         Referral by Commission
           (1)   If the Commission decides to refer an allegation to an
                 independent agency or appropriate authority, the Commission is
                 to refer the allegation as soon as is practicable after making that
15               decision.
           (2)   The allegation may be accompanied by a report which may
                 include --
                   (a) a recommendation under section 42;
                   (b) such other recommendations as the Commission thinks
20                       fit in respect of the action to be taken; and
                   (c) such information as the Commission considers would
                         assist the agency or authority to take the action.
           (3)   If the allegation is referred to an appropriate authority, the
                 report may also include a recommendation as to the period
25               within which the action should be taken.

     37.         Referrals to Parliamentary Commissioner or Auditor
                 General
           (1)   The Commission is not to refer an allegation to the
                 Parliamentary Commissioner or the Auditor General without
30               having first consulted the Parliamentary Commissioner or the
                 Auditor General.

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           (2)   If an allegation is referred to the Parliamentary Commissioner,
                 the allegation is to be treated by the Parliamentary
                 Commissioner as if it were a complaint duly made under
                 section 17 of the Parliamentary Commissioner Act 1971 and
5                that Act applies to and in relation to the allegation accordingly.
           (3)   If an allegation is referred to the Auditor General, the Auditor
                 General may investigate the allegation and the Financial
                 Administration and Audit Act 1985 applies to the investigation
                 as if it were an investigation under section 80(b) of that Act.
10         (4)   Nothing in the Financial Administration and Audit Act 1985
                 prevents the Auditor General, or any person referred to in
                 section 91 of that Act, from disclosing to the Commission, or an
                 officer of the Commission, information obtained in the course
                 of an investigation under subsection (3).

15   38.         Commission may decide to take other action
           (1)   Despite having made a decision to act under paragraph (a), (b)
                 or (c) of section 33, the Commission may at any time decide to
                 act under another of those paragraphs.
           (2)   The Commission may make the decision whether or not it has
20               acted under the first-mentioned decision.
           (3)   If an allegation has been referred to the Parliamentary
                 Commissioner, subsection (1) does not apply unless the carrying
                 out of the action by the Commission has been requested or
                 agreed to by the Parliamentary Commissioner.

25   39.         Commission's monitoring role
           (1)   If --
                   (a)   an appropriate authority takes action in relation to an
                         allegation in cooperation with the Commission; or




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                  (b)    an allegation is referred to an appropriate authority by
                         the Commission,
                 the appropriate authority must prepare a detailed report of the
                 action the appropriate authority has taken in relation to the
5                allegation.
           (2)   The report is to be given to the Commission in writing as soon
                 as practicable after the action is taken.
           (3)   The Commission may, by written notice, direct the appropriate
                 authority to give the Commission a detailed report on --
10                 (a) action the appropriate authority has taken in relation to
                         the allegation; and
                   (b) if action recommended by the Commission under
                         section 36(2) has not been taken, or any action has not
                         been taken within the time recommended under
15                       section 36(3), the reasons for not so taking the action.
           (4)   The appropriate authority must comply with a direction given to
                 it under subsection (3).
           (5)   A report referred to in this section must include details of any
                 prosecution initiated or disciplinary action taken as a
20               consequence of the recommendations.

     40.         Commission may review dealings with misconduct
           (1)   The Commission may review the way an appropriate authority
                 has dealt with misconduct, in relation to either a particular
                 allegation, complaint, information or matter involving
25               misconduct or in relation to a class of allegation, complaint,
                 information or matter involving misconduct.
           (2)   The appropriate authority must give the Commission all
                 necessary help to undertake a review under subsection (1).




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     41.         Commission may direct authority not to take action
           (1)   In this section --
                 "misconduct matter" means an allegation, complaint,
                     information or matter involving misconduct specified in a
5                    notice given under subsection (2).
           (2)   The Commission may, by written notice, direct an appropriate
                 authority --
                   (a) not to commence investigation of a misconduct matter
                         or, if an investigation of the matter has already
10                       commenced, to discontinue the investigation; and
                   (b) to take all reasonable steps to ensure that an
                         investigation of a misconduct matter is not conducted by
                         an officer of the appropriate authority.
           (3)   The appropriate authority must comply with a direction given to
15               it under subsection (2).
           (4)   The notice absolves the appropriate authority and its officers
                 from any duty with respect to the misconduct matter so far as it
                 relates to investigation of the matter or to the bringing of an
                 offender concerned before the courts to be dealt with according
20               to law.
           (5)   Subsection (2)(b) does not apply to a person who is an officer of
                 the Commission.
           (6)   Subsection (2) does not prevent an investigation of the
                 misconduct matter that is conducted in accordance with
25               arrangements made between the Commission and the
                 appropriate authority.
           (7)   Despite subsection (2), an investigation of the misconduct
                 matter by the appropriate authority may be commenced or
                 resumed if the Commission notifies the appropriate authority
30               that the Commission has revoked the direction given to it under
                 subsection (2).



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                                               Recommendations     Division 5
                                                                          s. 42



                          Division 5 -- Recommendations
     42.         Recommendations by Commission
           (1)   The Commission may --
                  (a)   make recommendations as to whether consideration
5                       should or should not be given to --
                           (i) the prosecution of particular persons; and
                          (ii) the taking of disciplinary action against
                                particular persons;
                        and
10                (b)   make recommendations for the taking of other action
                        that the Commission considers should be taken in
                        relation to the subject matter of its assessments or
                        opinions or the results of its investigations.
           (2)   The Commission may make the recommendations on the basis
15               of --
                   (a) its assessments, consultations, opinions, and
                       investigations and other actions (either by itself or in
                       cooperation with an independent agency or appropriate
                       authority);
20                 (b) investigations or other action of the Police Royal
                       Commission;
                   (c) preliminary inquiry or further action by the A-CC;
                   (d) investigations or other action of an independent agency
                       or appropriate authority; or
25                 (e) information included in any received matter or
                       otherwise given to the Commission.
           (3)   Without limiting subsection (1), the Commission may --
                  (a) recommend that further inquiry or investigation into any
                       matter be carried out by an Inquiry Panel appointed
30                     under the Local Government Act 1995, or in such other
                       manner as the Commission may recommend; and


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     Division 5     Recommendations
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                  (b)    recommend the terms of reference of any such inquiry
                         or investigation.
           (4)   The Commission may give the recommendations to an
                 independent agency or appropriate authority.
5          (5)   If the Commission gives an independent agency a
                 recommendation that consideration should be given to the
                 prosecution of a particular person, the Commission must also
                 give the independent agency all materials in the Commission's
                 possession that would be required for the purposes of
10               section 103 of the Justices Act 1902 and section 611B of
                 The Criminal Code if that prosecution took place.

     43.         Independent agency must notify person of recommendation
                 If --
                   (a)   the Commission gives an independent agency a
15                       recommendation under section 42 that consideration
                         should be given to the prosecution of a particular
                         person; and
                  (b)    after considering the recommendation, the independent
                         agency decides that the person should be prosecuted,
20               the independent agency must, before the person is charged with
                 an offence, notify the person in writing that the recommendation
                 has been made and of the offence with which the person is to be
                 charged.

     44.         Other action for misconduct
25               Except as provided in section 41, nothing in this Part limits the
                 action that may lawfully be taken to discipline or otherwise deal
                 with a person for misconduct.




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      Organised crime: exceptional powers and fortification removal     Part 4
               Basis for, and control of, use of exceptional powers Division 1
                                                                          s. 45



       Part 4 -- Organised crime: exceptional powers and
                    fortification removal
                   Division 1 -- Basis for, and control of, use of
                               exceptional powers
5    45.         Terms used in this Part
                 In this Part --
                 "exceptional powers" means the powers given under
                     Divisions 2, 3, 4 and 5;
                 "exceptional powers finding" has the meaning given by
10                   section 46(2);
                 "investigation" means an investigation referred to in
                     section 46(1).
     46.         Finding as to grounds for exercising exceptional powers
           (1)   On the application of the Commissioner of Police, the
15               Commission may find whether or not it is satisfied that --
                  (a) there are reasonable grounds for suspecting that a
                        section 5 offence has been, or is being, committed;
                  (b) there are reasonable grounds for suspecting that there
                        might be evidence or other information relevant to the
20                      investigation of the offence that can be obtained using
                        exceptional powers; and
                  (c) there are reasonable grounds for believing that the use of
                        exceptional powers would be in the public interest
                        having regard to --
25                         (i) whether or not the suspected offence could be
                                effectively investigated without using the
                                powers;
                          (ii) the extent to which the evidence or other
                                information that it is suspected might be obtained
30                              would assist in the investigation, and the
                                likelihood of obtaining it; and

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     Division 2     Examination before Commission
     s. 47



                         (iii)   the circumstances in which the evidence or
                                 information that it is suspected might be obtained
                                 is suspected to have come into the possession of
                                 any person from whom it might be obtained.
5          (2)   If the Commission finds that it is satisfied that the grounds
                 described in subsection (1) exist, the finding (an "exceptional
                 powers finding") is to be reduced to writing and a copy of it is
                 to be given to the Commissioner of Police.

     47.         Scope of Divisions 2 to 5
10         (1)   The purpose of Divisions 2 to 5 is to facilitate the investigation
                 of a section 5 offence.
           (2)   The investigation of an offence includes the investigation of a
                 suspicion that the offence has been, or is being, committed.
           (3)   Divisions 2 to 5 apply if the Commission has made an
15               exceptional powers finding in respect of the section 5 offence
                 concerned.

                  Division 2 -- Examination before Commission
     48.         Summoning witnesses to attend and produce things on
                 application of Commissioner of Police
20               The Commission may, on the application of the Commissioner
                 of Police for an organised crime summons, issue a signed
                 summons under section 96 and cause it to be served under that
                 section on the person to whom it is addressed.

     49.         Examination of witnesses by Commissioner of Police
25         (1)   In participating in an organised crime examination, the
                 Commissioner of Police is to be represented by a legal
                 practitioner instructed for that purpose, who may be assisted by
                 others not so qualified but who are under the direct supervision
                 of a legal practitioner.



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                                 Entry, search and related matters  Division 3
                                                                         s. 50



           (2)   A person representing the Commissioner of Police may, so far
                 as the Commission thinks proper, examine any witness
                 summoned under an organised crime summons on any matter
                 that the Commission considers relevant to the investigation.
5          (3)   This section does not limit the operation of section 143.

     50.         Offences for which a person stands charged
           (1)   A person summoned on an organised crime summons cannot be
                 examined about matters that may be relevant to an offence with
                 which the person stands charged, but this section does not
10               prevent any other person from being examined about those
                 matters.
           (2)   For the purposes of this section a person stands charged with an
                 offence when --
                   (a) the person is informed by the person investigating the
15                       offence that he or she will be charged with the offence,
                         whether or not at that time a complaint in respect of the
                         offence has been made or sworn; or
                   (b) a complaint in respect of the offence is made or sworn,
                 whichever happens first.

20               Division 3 -- Entry, search and related matters
     51.         Commission may limit exercise of power
           (1)   The Commission may give directions limiting the exercise of an
                 exceptional power under this Division.
           (2)   The Commission may revoke or vary directions under this
25               section or give further directions limiting the exercise of the
                 exceptional power.
           (3)   Limitations may be expressed however the Commission
                 considers appropriate and, without limiting other ways in which
                 they may be expressed, they may operate by reference to --
30                 (a) particular powers;

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                  (b)    particular circumstances;
                  (c)    particular persons;
                  (d)    particular places;
                  (e)    particular articles; or
5                  (f)   particular times or periods of time.
           (4)   The Commission is to give, revoke, or vary a direction under
                 this section in writing a copy of which is to be given to the
                 Commissioner of Police.
           (5)   A power under this Division cannot be exercised contrary to a
10               direction under this section.

     52.         Enhanced power to enter, search, and detain
           (1)   A police officer may, for the purposes of investigating the
                 section 5 offence, without a warrant --
                   (a) at any time enter any place where there are reasonable
15                       grounds for suspecting that the offence has been, or is
                         being, committed; and
                   (b) demand the production of, and inspect, any articles or
                         records kept there.
           (2)   A police officer who has entered a place under subsection (1)
20               may --
                  (a) search the place and secure the place for the purposes of
                        searching it;
                  (b) stop, detain, and search anyone at the place;
                  (c) photograph any person or thing, and make a copy of or
25                      seize any document that the police officer suspects on
                        reasonable grounds will provide evidence or other
                        information relevant to the investigation of the offence;
                        and
                  (d) seize anything else that the police officer suspects on
30                      reasonable grounds will provide evidence or other
                        information relevant to the investigation of the offence.

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                                 Entry, search and related matters  Division 3
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           (3)   A police officer may use any force that is reasonably necessary
                 in exercising powers given by subsections (1) and (2).

     53.         Enhanced power to stop, detain, and search
           (1)   This section does not apply unless there are reasonable grounds
5                to suspect that a person is in possession of --
                   (a) anything used, or intended to be used, in connection
                         with the commission of the section 5 offence; or
                   (b) anything else that may provide evidence of, or other
                         information about, the offence.
10         (2)   A police officer may without a warrant stop, detain, and search
                 the person and any conveyance where the police officer
                 reasonably suspects the person to be.
           (3)   The power to stop and detain a conveyance includes the power
                 to detain anyone in or on the conveyance for as long as is
15               reasonably necessary to search the conveyance even though,
                 until the conveyance has been searched, the person may not be
                 suspected of anything because of which the person can be
                 detained under subsection (2).
           (4)   A police officer may without a warrant seize anything described
20               in subsection (1).
           (5)   A police officer may use any force that is reasonably necessary,
                 and may call on any assistance necessary, in order to perform a
                 function under this section.
           (6)   In this section --
25               "conveyance" means anything used or capable of being used to
                      transport people or goods by air, land, or water, and it does
                      not matter how it is propelled or that it may ordinarily be
                      stationary.




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     Division 3     Entry, search and related matters
     s. 54



     54.         Provisions about searching a person
           (1)   In this section --
                 "medical practitioner" means an individual who is registered
                     as a medical practitioner under the Medical Act 1894;
5                "registered nurse" means a person registered under Part 3 of
                     the Nurses Act 1992.
           (2)   A police officer cannot carry out a search of a person under this
                 Division unless of the same sex as the person searched.
           (3)   If a police officer is uncertain as to the sex of a person to be
10               searched--
                   (a) the police officer must ask the person to advise whether
                          a male or female should carry out the search and must
                          act in accordance with the answer; and
                   (b) in the absence of an answer, the person is to be treated
15                        as if of the sex that the person outwardly appears to the
                          police officer to be.
           (4)   If a police officer of the same sex as the person to be searched is
                 not immediately available to carry out the search, another police
                 officer may --
20                 (a) cause the search to be carried out, under the direction of
                          a police officer, by another person of the same sex as the
                          person to be searched;
                   (b) detain the person for as long as is reasonably necessary
                          for the person to be searched in accordance with this
25                        section; or
                   (c) convey or conduct the person to a place where the
                          person can be searched in accordance with this section.
           (5)   Nothing in this Division authorises a search by way of an
                 examination of the body cavities of a person unless it is carried
30               out under subsection (7) by a medical practitioner or a
                 registered nurse.



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                                 Entry, search and related matters  Division 3
                                                                         s. 55



           (6)   A police officer may arrange for a medical practitioner or
                 registered nurse nominated by the police officer to examine the
                 body cavities of the person to be searched and may --
                   (a) detain the person until the arrival of that medical
5                        practitioner or registered nurse; or
                   (b) convey or conduct the person to that medical
                         practitioner or registered nurse.
           (7)   A medical practitioner or registered nurse may carry out an
                 examination arranged by a police officer under subsection (6)
10               and no action or proceeding, civil or criminal, lies against the
                 medical practitioner or registered nurse in respect of anything
                 reasonably done for the purposes of the examination.
           (8)   When performing a function under this section, a police officer
                 or other person may --
15                 (a) use any force that is reasonably necessary in the
                         circumstances --
                            (i) to perform the function; and
                           (ii) to overcome any resistance to performing the
                                function that is offered, or that the person
20                              exercising the power reasonably suspects will be
                                offered, by any person;
                         and
                   (b) call on any assistance necessary in order to perform the
                         function.

25   55.         Extension of power to search
                 The power given by this Division to search for any thing
                 includes the power to break open anything it is suspected might
                 contain it.

     56.         Things that have been seized
30         (1)   If anything is seized under this Division, the person seizing it
                 must take it before the Commission.


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     Division 3     Entry, search and related matters
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           (2)   Section 714 of The Criminal Code applies to anything seized
                 under this Division as if --
                   (a) the thing had been seized under The Criminal Code; and
                   (b) a reference in that section to a justice were a reference to
5                        the Commission.

     57.         Offences under this Division
                 A person who wilfully --
                  (a) delays, obstructs, or otherwise hinders --
                          (i) the performance by a police officer or other
10                            person of a function under this Division; or
                         (ii) the rendering of assistance under this Division in
                              the performance of a function;
                        or
                  (b)   does not produce anything as demanded under
15                      section 52(1)(b),
                 commits an offence.
                 Penalty: Imprisonment for 3 years and a fine of $60 000.

     58.         Report on use of powers
           (1)   A police officer who exercises an exceptional power under this
20               Division is to submit to the Commissioner of Police a report in
                 writing of each occasion on which that power was exercised,
                 giving details of --
                   (a) what was done in the exercise of the powers;
                   (b) the time and place at which the power was exercised;
25                       and
                   (c) any person or property affected by the exercise of the
                         power.
           (2)   The report is to be submitted within 5 days after the power is
                 exercised.



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      Organised crime: exceptional powers and fortification removal     Part 4
                                               Assumed identities   Division 4
                                                                         s. 59



           (3)   The obligation of a police officer to submit a report under this
                 section about a particular exercise of power within a particular
                 time is sufficiently complied with if the police officer ensures
                 that a report by another police officer who was present when the
5                power was exercised is made within that time dealing with all of
                 the details about which a report is required.
           (4)   The Commissioner of Police is to give a copy of the report to
                 the Commission as soon as is reasonably practicable after the
                 Commissioner of Police is given the report.

10   59.         Overseeing exercise of powers under this Division
           (1)   The Commission may by notice in writing direct the
                 Commissioner of Police or any other person to give the
                 Commission details of the exercise of an exceptional power
                 under this Division, including the identity of any person who
15               has exercised the power.
           (2)   The Commissioner of Police or any other person to whom a
                 notice is given under subsection (1) is to comply with the
                 direction in the notice as soon as is reasonably practicable.

                          Division 4 -- Assumed identities
20   60.         Approval for assumed identity
           (1)   The Commission may under section 103 grant an approval for
                 the acquisition and use of an assumed identity by a police
                 officer as if the police officer were an officer of the
                 Commission.
25         (2)   If under this section the Commission exercises the powers set
                 out in section 103 in respect of a police officer --
                   (a) Part 6 Division 3 applies to and in respect of the
                         exercise of that power, that police officer, the approval
                         granted and the acquisition and use of an assumed
30                       identity under the approval granted as if the police



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     Division 4     Assumed identities
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                        officer were an officer of the Commission and with any
                        other necessary modifications;
                  (b)   section 112 applies as if a reference in that section to the
                        Commission were a reference to the Commissioner of
5                       Police.

     61.         Report about assumed identity approval
           (1)   A police officer to whom an assumed identity approval applies
                 must --
                  (a) at least once every 6 months while the approval is in
10                      force; and
                  (b) as soon as is reasonably practicable after the approval is
                        cancelled,
                 give a report to the Commissioner of Police setting out a general
                 description of the activities undertaken by the police officer
15               when using the assumed identity.
           (2)   The Commissioner of Police is to give a copy of the report to
                 the Commission as soon as is reasonably practicable after the
                 Commissioner of Police is given the report.

     62.         Overseeing exercise of powers under this Division
20         (1)   The Commission may by notice in writing direct the
                 Commissioner of Police or any other person to give the
                 Commission details of the acquisition and use of an assumed
                 identity under an approval given to a police officer, including
                 the identity of any person who has exercised the power.
25         (2)   The Commissioner of Police or any other person to whom a
                 notice is given under subsection (1) is to comply with the
                 direction in the notice.




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      Organised crime: exceptional powers and fortification removal     Part 4
                                            Controlled operations   Division 5
                                                                         s. 63



                        Division 5 -- Controlled operations
     63.         Terms used in this Division
                 In this Division --
                 "authority" has the meaning given by section 119;
5                "controlled activity" has the meaning given by section 119;
                 "controlled operation" means an operation that --
                     (a) involves the participation of police officers;
                     (b) is conducted, or intended to be conducted, for the
                           purpose of --
10                            (i) obtaining or facilitating the obtaining of
                                  evidence of criminal activity;
                             (ii) arresting any person involved in criminal
                                  activity;
                            (iii) frustrating criminal activity; or
15                          (iv) carrying out an activity that is reasonably
                                  necessary to facilitate the achievement of a
                                  purpose referred to in subparagraph (i), (ii)
                                  or (iii); and
                     (c) involves or may involve a controlled activity;
20               "criminal activity" means any activity that involves the
                     commission of a section 5 offence by one or more persons.

     64.         Authority to conduct controlled operation and integrity
                 testing
           (1)   The Commission may under section 121 grant an authority to
25               conduct a controlled operation participated in by police officers
                 as if the police officers were officers of the Commission.
           (2)   The Commission may under section 123 grant an authority for a
                 police officer to conduct an integrity testing programme as if the
                 police officer were an officer of the Commission.



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     Division 5     Controlled operations
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           (3)   If under this section the Commission exercises the powers set
                 out in section 121 or 123 in respect of a police officer --
                   (a) Part 6 Division 4 applies to and in respect of the
                         exercise of that power, the police officers concerned, the
5                        authority granted and any conduct under the authority as
                         if the police officers were officers of the Commission
                         and with any other necessary modifications; and
                   (b) section 129 applies as if a reference in that section to the
                         Commission were a reference to the Commissioner of
10                       Police.

     65.         Report about controlled operation or integrity testing
                 programme
           (1)   A police officer responsible for a controlled operation for which
                 an authority has been given must --
15                 (a)   at least once every 6 months while the authority is in
                         force; and
                  (b)    as soon as is reasonably practicable after the authority is
                         cancelled,
                 give a report to the Commissioner of Police setting out the
20               particulars required by subsection (2).
           (2)   The report must include the following particulars:
                  (a) the nature of the criminal activities against which the
                        controlled operation was directed;
                  (b) the nature of the controlled activities engaged in for the
25                      purposes of the controlled operation.
           (3)   A police officer to whom an authority to conduct an integrity
                 testing programme has been given must --
                   (a) at least once every 6 months while the authority is in
                         force; and




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                  (b)   as soon as is reasonably practicable after the authority is
                        cancelled,
                 give a report to the Commissioner of Police setting out a general
                 description of the activities undertaken by the police officer
5                under the authority.
           (4)   The Commissioner of Police is to give a copy of the report to
                 the Commission as soon as is reasonably practicable after the
                 Commissioner of Police is given the report.

     66.         Overseeing exercise of powers under this Division
10         (1)   The Commission may by notice in writing direct the
                 Commissioner of Police or any other person to give the
                 Commission details of any controlled operation or integrity
                 testing programme for which a police officer was responsible,
                 including the identity of any person who participated in the
15               operation or programme.
           (2)   The Commission of Police or any other person to whom a notice
                 is given under subsection (1) is to comply with the direction in
                 the notice as soon as is reasonably practicable.

                             Division 6 -- Fortifications
20   67.         Terms used in this Division
           (1)   In this Part --
                 "fortification" means any structure or device that, whether
                      alone or as part of a system, is designed to prevent or
                      impede, or to provide any other form of countermeasure
25                    against, uninvited entry to premises;
                 "heavily fortified" has the meaning given by subsection (2);
                 "interested person" means a person who --
                      (a) is a lessee of the premises, whether or not actually
                             occupying the premises; or



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     Division 6     Fortifications
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                      (b)   is actually occupying, or is entitled to the possession
                            of, the premises;
                 "owner" means --
                     (a) if the premises are on land that is subject to the
5                           Transfer of Land Act 1893 or the Land
                            Administration Act 1997, a proprietor of the land
                            within the meaning of the Transfer of Land Act 1893;
                     (b) if the premises are on land that is subject to the
                            Registration of Deeds Act 1856, the holder of an
10                          estate or interest in the land that is registered by
                            memorial under that Act;
                 "submission" means a submission made by an owner or
                     interested person to the Commissioner of Police that a
                     fortification removal notice should not be issued;
15               "the submission period" has the meaning given by
                     section 69(2)(b).
           (2)   Premises are heavily fortified if there are, at the premises,
                 fortifications to an extent or of a nature that it would be
                 reasonable to regard as excessive for premises of that kind.

20   68.         Issuing fortification warning notice
           (1)   The Commissioner of Police may, without giving notice to any
                 other person, apply to the Commission for the issue of a
                 fortification warning notice.
           (2)   The Commission may issue a fortification warning notice if
25               satisfied on the balance of probabilities that there are reasonable
                 grounds for suspecting that the premises to which it relates
                 are --
                   (a) heavily fortified; and
                   (b) habitually used as a place of resort by members of a
30                        class of people a significant number of whom may
                          reasonably be suspected to be involved in organised
                          crime.


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           (3)   The Commission may be satisfied by a statement made by a
                 police officer and verified by statutory declaration.

     69.         Contents of fortification warning notice
           (1)   A fortification warning notice is addressed to --
5                 (a) the owner of the premises to which it relates, or each
                         owner if there are 2 or more, by name; and
                  (b) any other interested persons, without naming them but
                         with an explanation of the term "interested person".
           (2)   The notice must contain --
10                (a) a brief summary of section 68(2), including an
                        explanation of the terms "fortification" and "heavily
                        fortified", and a statement that the Commission is
                        satisfied as to the matters mentioned in that provision;
                  (b) a warning that unless, within the period of 14 days after
15                      the day on which a copy of the notice is given as
                        described in section 70(1) (the "submission period"),
                        the Commissioner of Police is satisfied that --
                           (i) the premises are not heavily fortified; or
                          (ii) the premises are not habitually used as a place of
20                               resort by members of a class of people a
                                 significant number of whom may reasonably be
                                 suspected to be involved in organised crime,
                        a fortification removal notice may be issued; and
                  (c) an explanation of how a person who is an owner or
25                      interested person can make a submission to the
                        Commissioner of Police that a fortification removal
                        notice should not be issued.

     70.         Giving fortification warning notice
           (1)   A copy of the fortification warning notice may be given --
30                (a) by giving it to any person --
                          (i) who is an owner; or

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                          (ii)    who is actually occupying the premises and
                                  appears to have reached 18 years of age,
                         in any way described in section 76 of the Interpretation
                         Act 1984, registered post being used if it is given by
5                        post; or
                  (b)    if it appears that any reasonable attempt to give it as
                         described in paragraph (a) is unlikely to be successful,
                         by affixing it to the front entrance or another part of the
                         premises where it can be easily seen.
10         (2)   Giving a copy of a notice as described in subsection (1)(b) is to
                 be regarded as giving it to each person who is actually
                 occupying the premises and appears to have reached 18 years of
                 age.
           (3)   Although it is sufficient for the notice to be given as described
15               in subsection (1), the Commissioner of Police is to make every
                 reasonable attempt to give, as soon as practicable, a copy of the
                 notice to every person who has not already been given a copy of
                 it and who is an owner or interested person, indicating on that
                 copy when the submission period ends.
20         (4)   If the notice is not given as described in subsection (1) within
                 14 days after the Commission issues it, the notice lapses and
                 cannot be given at all.

     71.         Withdrawal notice
           (1)   If, before the end of the time within which a fortification
25               removal notice can be issued, the Commissioner of Police
                 decides not to issue a fortification removal notice, the
                 Commissioner of Police is to give a withdrawal notice to each
                 person who was given a fortification warning notice.
           (2)   The withdrawal notice must identify the premises, refer to the
30               fortification warning notice, and state that the Commissioner of
                 Police has decided not to issue a fortification removal notice.



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           (3)   The withdrawal notice may be given in any way in which
                 section 70 would enable a fortification warning notice to be
                 given.

     72.         Issuing fortification removal notice
5          (1)   If a fortification warning notice has been given as described in
                 section 70(1) and the submission period has elapsed, the
                 Commissioner of Police may issue a fortification removal notice
                 relating to the premises concerned.
           (2)   The Commissioner of Police cannot issue the fortification
10               removal notice unless, after considering each submission, if any,
                 made before the submission period elapsed, the Commissioner
                 of Police reasonably believes that the premises are --
                   (a) heavily fortified; and
                   (b) habitually used as a place of resort by members of a
15                       class of people a significant number of whom may
                         reasonably be suspected to be involved in organised
                         crime.
           (3)   A fortification removal notice cannot be issued if --
                  (a) a period of more than 28 days has elapsed since the end
20                       of the submission period; or
                  (b) the Commissioner of Police has given any person a
                         withdrawal notice referring to the fortification warning
                         notice concerned.

     73.         Contents of fortification removal notice
25         (1)   A fortification removal notice is addressed to each person to
                 whom the fortification warning notice was addressed, and in the
                 same way.
           (2)   The notice must contain --
                  (a) a statement to the effect that, within 7 days after the day
30                      on which the notice is given to the owner of the
                        premises or any further time allowed by the


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     Division 6     Fortifications
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                         Commissioner of Police, the fortifications at the
                         premises must be removed or modified to the extent
                         necessary to satisfy the Commissioner of Police that the
                         premises are no longer heavily fortified;
5                 (b)    a warning as to the effect of section 75; and
                  (c)    an explanation of the right to apply to the Supreme
                         Court for a review under section 76.
           (3)   The notice may, but need not, include details as to what would
                 need to be done before the Commissioner of Police would be
10               satisfied that the premises are no longer heavily fortified.

     74.         Giving fortification removal notice
           (1)   The fortification removal notice is to be given to the owner of
                 the premises and, if it is given by post, registered post is to be
                 used.
15         (2)   Although it is sufficient for the notice to be given to the owner,
                 the Commissioner of Police is to make every reasonable attempt
                 to give a copy of the notice, as soon as practicable, to every
                 interested person.
           (3)   A copy of the notice may be given under subsection (2) in any
20               way in which section 70 would enable a fortification warning
                 notice to be given.

     75.         Enforcing fortification removal notice
           (1)   If the fortifications at the premises are not, within the time
                 specified in the fortification removal notice or any further time
25               allowed by the Commissioner of Police, removed or modified to
                 the extent necessary to satisfy the Commissioner of Police that
                 the premises are no longer heavily fortified, the Commissioner
                 of Police may cause the fortifications to be removed or modified
                 to the extent required by the fortification removal notice.




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           (2)   The Commissioner of Police may extend the time allowed by
                 the notice if, before the time allowed elapses, application is
                 made to the Commissioner of Police for it to be extended.
           (3)   Subsection (1) authorises police officers and agents of the
5                Commissioner of Police, without warrant or further notice, to
                 enter the premises and secure them in order to do anything for
                 the purposes of that subsection, and to use any force and employ
                 any equipment necessary.
           (4)   The Commissioner of Police may seize anything that can be
10               salvaged in the course of removing or modifying fortifications
                 under this section, and may sell or dispose of it as the
                 Commissioner of Police considers appropriate.
           (5)   The proceeds of any sale under subsection (4) are forfeited to
                 the State and, to the extent that they are insufficient to meet the
15               costs incurred by the Commissioner of Police under this section,
                 the Commissioner of Police may recover those costs as a debt
                 due from the owner of the premises.
     76.         Review of fortification removal notice
           (1)   If a fortification removal notice relating to premises has been
20               issued, the owner or an interested person may, within 7 days
                 after the day on which the notice is given to the owner of the
                 premises, apply to the Supreme Court for a review of whether,
                 having regard to the submissions, if any, made before the
                 submission period elapsed and any other information that the
25               Commissioner of Police took into consideration, the
                 Commissioner of Police could have reasonably had the belief
                 required by section 72(2) when issuing the notice.
           (2)   The Commissioner of Police may identify any information
                 provided to the court for the purposes of the review as
30               confidential if its disclosure might prejudice the operations of
                 the Commissioner of Police, and information so identified is for
                 the court's use only and is not to be disclosed to any other
                 person, whether or not a party to the proceedings, or publicly
                 disclosed in any way.

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     Division 6     Fortifications
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           (3)   An application for review under this section cannot be made if
                 an application has previously been made by any person for the
                 review of the same matter.
           (4)   When the application for review is made, the period within
5                which fortifications can be removed or modified in accordance
                 with the fortification removal notice is extended to the seventh
                 day after the day on which the application for review is finally
                 disposed of by the court.
           (5)   The court may decide whether or not the Commissioner of
10               Police could have reasonably had the belief required by
                 section 72(2) when issuing the notice.
           (6)   If the court decides that the Commissioner of Police could not
                 have reasonably had the belief required by section 72(2) when
                 issuing the notice, the notice ceases to have effect.
15         (7)   The decision of the court on an application for review under this
                 section is final but does not prevent the Commissioner of Police
                 from issuing a further notice under this Division relating to the
                 same premises.

     77.         Hindering removal or modification of fortifications
20         (1)   A person who does anything intending to prevent, obstruct, or
                 delay, the removal or modification of fortifications in
                 accordance with a fortification removal notice commits a crime.
                 Penalty: Imprisonment for 5 years and a fine of $100 000.
           (2)   Subsection (1) applies to the removal or modification of
25               fortifications by a person who --
                   (a) is, or is acting for or on the instructions of, the owner or
                          an interested person; or
                   (b) is acting under section 75(3).




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     78.         Planning and other approval issues
           (1)   The powers given by this Division may be exercised without
                 regard to whether any statutory or other approval had been
                 given for the fortifications.
5          (2)   No statutory or other approval is required for the removal or
                 modification of fortifications in accordance with a fortification
                 removal notice.
           (3)   Subsection (2) applies to the removal or modification of
                 fortifications by a person who --
10                 (a) is, or is acting for or on the instructions of, the owner or
                          an interested person; or
                   (b) is acting under section 75(3).

     79.         No compensation
           (1)   No claim for compensation lies against a person for having
15               approved any fortifications that are, or are required to be,
                 removed or modified because of a notice under this Division.
           (2)   No other claim for compensation arises because of the exercise
                 of powers under this Division.

     80.         Protection from liability for wrongdoing
20         (1)   An action in tort does not lie against a person for damage to
                 property at the premises that the person causes, in good faith, in
                 the performance or purported performance of a function under
                 this Division.
           (2)   The Crown is also relieved of any liability that it might
25               otherwise have had for a person having caused damage as
                 described in subsection (1).
           (3)   The protection given by this section applies even though the
                 damage was caused in the course of doing something that would
                 have been capable of being done whether or not this Division
30               had been enacted.


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     Part 4         Organised crime: exceptional powers and fortification removal
     Division 7     General matters
     s. 81



                           Division 7 -- General matters
     81.         Part not applicable to juveniles
           (1)   None of the powers given under this Part can be exercised in
                 respect of a juvenile.
5          (2)   In this section --
                 "juvenile" means a person who has not reached 18 years of age.

     82.         Delegation by Commissioner of Police
           (1)   The Commissioner of Police may delegate any power or duty of
                 the Commissioner of Police under another provision of this Part
10               to a police officer whose rank is Assistant Commissioner or
                 higher.
           (2)   The delegation must be in writing signed by the Commissioner
                 of Police.
           (3)   A police officer exercising or performing a power or duty that
15               has been delegated to the police officer under this section is to
                 be taken to do so in accordance with the terms of the delegation
                 unless the contrary is shown.
           (4)   Nothing in this section limits the ability of the Commissioner of
                 Police to perform a function through an officer or a person
20               representing the Commissioner of Police.

     83.         Judicial supervision excluded
           (1)   A prerogative writ cannot be issued and an injunction or a
                 declaratory judgment cannot be given in respect of the
                 performance of a function for the purposes of this Part and
25               proceedings cannot be brought seeking such a writ, injunction,
                 or judgment.
           (2)   Subsection (1) does not apply after the completion of the
                 investigation that it was being sought to facilitate by performing
                 the function.



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                                                         Reporting       Part 5
                          Reports by Commission on specific matters Division 1
                                                                           s. 84



                               Part 5 -- Reporting
           Division 1 -- Reports by Commission on specific matters
     84.         Report to Parliament on investigation or received matter
           (1)   The Commission may at any time prepare a report on any matter
5                that has been the subject of an investigation or other action in
                 respect of misconduct, irrespective of whether the investigation
                 or action was carried out by --
                   (a) the Commission alone;
                   (b) the Commission in cooperation with an independent
10                       agency or appropriate authority; or
                   (c) an appropriate authority alone.
           (2)   The Commission may at any time prepare a report on any
                 received matter, irrespective of whether the matter has been the
                 subject of an investigation or other action under this Act or any
15               other law.
           (3)   The Commission may include in a report under this section --
                  (a) statements as to any of the Commission's assessments,
                       opinions and recommendations; and
                  (b) statements as to any of the Commission's reasons for the
20                     assessments, opinions and recommendations.
           (4)   The Commission may cause a report prepared under this section
                 to be laid before each House of Parliament or dealt with under
                 section 93.

     85.         Report to Parliament on further action by appropriate
25               authority
           (1)   After considering a report given to the Commission by an
                 appropriate authority under section 39(1) or (4), the
                 Commission may prepare a report on the report of the authority.




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     Division 1     Reports by Commission on specific matters
     s. 86



           (2)   During or after the carrying out of action by an appropriate
                 authority in respect of an allegation referred to the authority
                 under section 36(1), the Commission may prepare a report if the
                 Commission considers that the action is not being, or has not
5                been, properly, efficiently or expeditiously carried out.
           (3)   The Commission may include in a report under this section --
                   (a)   statements as to any of the Commission's assessments,
                         opinions and recommendations; and
                  (b)    statements as to any of the Commission's reasons for the
10                       assessments, opinions and recommendations.
           (4)   The Commission may cause a report prepared under this section
                 to be laid before each House of Parliament or dealt with under
                 section 93.

     86.         Contents of reports
15               Before reporting any matters adverse to a person or body in a
                 report under section 84 or 85, the Commission must give the
                 person or body a reasonable opportunity to make
                 representations to the Commission concerning those matters.

     87.         Disclosure of matters in report
20         (1)   If a report under section 84 or 85 is laid before either House of
                 Parliament, a matter included in that report may be disclosed
                 despite section 151.
           (2)   Subsection (1) does not apply if a presiding officer of a House
                 of Parliament withholds the report, or that matter, from the
25               public.
           (3)   If, following the making by the Commission of a report under
                 section 84 or 85 to a Standing Committee or a Minister, the
                 Standing Committee or Minister approves the disclosure of a
                 matter included in the report, that matter may be disclosed
30               despite section 151.



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                                                        Reporting       Part 5
                         Reports by Commission on specific matters Division 1
                                                                          s. 88



     88.         Special reports
           (1)   The Commission may, at any time prepare a special report on
                 any administrative or general policy matter relating to the
                 functions of the Commission.
5          (2)   The Commission may cause the special report to be laid before
                 each House of Parliament or dealt with under section 93.

     89.         Report to the Minister, other Ministers or a Standing
                 Committee
                 A report of the kind mentioned in section 84, 85 or 88 may be
10               made by the Commission to the Minister, or another Minister or
                 a Standing Committee instead of being laid before each House
                 of Parliament or dealt with under section 93 if, for any reason,
                 the Commission considers it appropriate to do so.

     90.         Reports concerning police officers and chief executive
15               officers
           (1)   Without limiting any other function under this Act, the
                 Commission may prepare a report on information available to
                 the Commission about a person proposed to be appointed as --
                   (a) Commissioner of Police;
20                 (b) a commissioned police officer, a non-commissioned
                        police officer, a constable, a special constable or an
                        aboriginal aide under the Police Act 1892; or
                   (c) a chief executive officer.
           (2)   A report about a person must be given to the person.
25         (3)   A report about a person proposed to be appointed as
                 Commissioner of Police or a commissioned police officer may
                 be given to --
                   (a) the Minister responsible for the administration of the
                        Police Act 1892; and




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     Corruption and Crime Commission Bill 2003
     Part 5         Reporting
     Division 2     General reports
     s. 91



                  (b)   any other Minister that the Minister responsible for the
                        administration of the Police Act 1892 considers has a
                        relevant interest in the report.
           (4)   A report about a person proposed to be appointed as a
5                non-commissioned police officer or a constable may be given
                 to --
                   (a) the Commissioner of Police or the Minister responsible
                        for the administration of the Police Act 1892 or both of
                        those persons; and
10                 (b) if the report is given to the Minister responsible for the
                        administration of the Police Act 1892, any other
                        Minister that that Minister considers has a relevant
                        interest in the report.
           (5)   A report about a person proposed to be appointed as a special
15               constable or an aboriginal aide may be given to the
                 Commissioner of Police.
           (6)   A report about a person proposed to be appointed as a chief
                 executive officer may be given to --
                   (a) the Minister responsible for the administration of the
20                      Public Sector Management Act 1994; and
                   (b) any other Minister that the Minister responsible for the
                        administration of the Public Sector Management
                        Act 1994 considers has a relevant interest in the report.
           (7)   Except as provided in this section, the fact that the Commission
25               has given a report under this section, and any details of a report
                 given under this section, must not be disclosed.

                            Division 2 -- General reports
     91.         Annual report to Parliament
           (1)   The Commission is to prepare, within 3 months after 30 June of
30               each year, a report as to its general activities during that year.



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                                                  Reporting        Part 5
                                             General reports  Division 2
                                                                     s. 91



     (2)   The report is to include --
             (a) a description of the types of allegations received or
                  initiated by the Commission;
             (b) a description of the types of investigations carried out by
5                 the Commission;
             (c) an evaluation of the response of appropriate authorities
                  to recommendations made by the Commission;
             (d) the general nature and extent of any information
                  furnished under the Act by the Commission to
10                independent authorities;
             (e) the extent to which investigations carried out by the
                  Commission have resulted in prosecutions of public
                  officers or other persons or disciplinary action against
                  public officers;
15            (f) the number of exceptional powers findings made under
                  section 46;
             (g) the number of fortification warning notices issued by the
                  Commission under section 68;
             (h) the number of notices to produce a statement of
20                information issued under section 94;
              (i) the number of search warrants issued to the Commission
                  under section 101;
              (j) the number of approvals for the acquisition and use of
                  an assumed identity given by the Commission under
25                section 103;
             (k) the number of authorities to conduct controlled
                  operations granted by the Commission under
                  section 121;
              (l) the number of authorities for integrity testing
30                programmes granted by the Commission under
                  section 123;
            (m) the number of warrants of apprehension issued by the
                  Commission under section 148;


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     Part 5         Reporting
     Division 2     General reports
     s. 92



                  (n)    the number of warrants and emergency authorisations
                         issued to the Commission under the Surveillance
                         Devices Act 1998;
                  (o)    the number of warrants issued to the Commission under
5                        the Telecommunications (Interception) Act 1979 of the
                         Commonwealth;
                  (p)    a description of the Commission's activities during that
                         year in relation to its prevention and education function;
                         and
10                (q)    any recommendations for changes in the laws of the
                         State that the Commission considers should be made as
                         a result of the performance of its functions.
           (3)   Nothing in this section requires the Commission to provide
                 operational information in a report under subsection (1).
15         (4)   The Commission is to cause a copy of a report prepared under
                 this section to be laid before each House of Parliament, or dealt
                 with under section 93, within 21 days of the preparation of the
                 report.
           (5)   This section does not limit Part II Division 14 of the Financial
20               Administration and Audit Act 1985 and the report required
                 under this section may be prepared and dealt with in
                 conjunction with the report required under that Division.

     92.         Periodical report to Parliament
           (1)   Rules of Parliament may require the Commission to report to
25               each House of Parliament or a Standing Committee, as and
                 when prescribed in the Rules, as to the general activities of the
                 Commission.
           (2)   The Rules of Parliament referred to in this section are rules that
                 have been agreed upon by each House of Parliament in
30               accordance with the Rules and Orders of those Houses.
           (3)   Rules of Parliament made under this section must be published
                 in the Gazette.

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                                                        Reporting        Part 5
                                                  General matters   Division 3

                                                                               s. 93


           (4)   Section 42 of the Interpretation Act 1984 does not apply to
                 Rules of Parliament made under this section.

                           Division 3 -- General matters
     93.         Laying documents before House of Parliament that is not
5                sitting
           (1)   If a copy of a report of the kind mentioned in section 84, 85
                 or 88 may be laid before each House of Parliament and a House
                 of Parliament is not sitting, the Commission may transmit a
                 copy of the report to the Clerk of that House.
10         (2)   If section 91 requires the Commission to cause a copy of a
                 report to be laid before each House of Parliament, or dealt with
                 under this section, within a period and --
                   (a) at the commencement of the period, a House of
                          Parliament is not sitting; and
15                 (b) the Commission is of the opinion that the House will not
                          sit during that period,
                 the Commission is to transmit a copy of the report to the Clerk
                 of that House.
           (3)   A copy of a report transmitted to the Clerk of a House is to be
20               regarded as having been laid before that House.
           (4)   The laying of a copy of the text of a document that is regarded
                 as having occurred under subsection (3) is to be recorded in the
                 Minutes, or Votes and Proceedings, of the House on the first
                 sitting day of the House after the Clerk received the copy.




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     Corruption and Crime Commission Bill 2003
     Part 6         Powers
     Division 1     Particular powers to require information or attendance
     s. 94



                                 Part 6 -- Powers
             Division 1 -- Particular powers to require information
                                 or attendance
     94.         Power to obtain statement of information
5          (1)   For the purposes of an investigation, the Commission may, by
                 written notice served on a public authority or public officer,
                 require the authority or officer to produce a statement of
                 information.
           (2)   A notice under this section must --
10                (a) specify or describe the information concerned;
                  (b) fix a time and date by which the statement of
                        information must be produced; and
                  (c) specify the person (being an officer of the Commission)
                        to whom the production is to be made.
15         (3)   The notice --
                  (a) may provide that the requirement may be satisfied by
                        some other person acting on behalf of the public
                        authority or public officer; and
                  (b) may specify the person or class of persons who may so
20                      act.
           (4)   Subject to subsection (5), the powers conferred by this section
                 may be exercised despite --
                  (a) any rule of law which, in proceedings in a court, might
                        justify an objection to the production of a statement of
25                      information on grounds of public interest;
                  (b) any privilege of a public authority or public officer in
                        that capacity which the authority or official could have
                        claimed in a court of law; or
                  (c) any duty of secrecy or other restriction on disclosure
30                      applying to a public authority or public official.


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           (5)   Nothing in this section affects the operation of the
                 Parliamentary Privileges Act 1891.
           (6)   A statement of information produced by a person in compliance
                 with a notice served under this section is not admissible in
5                evidence against that person in any civil or criminal proceedings
                 except --
                   (a) contempt proceedings;
                   (b) proceedings for an offence against this Act; or
                   (c) an action or related proceedings under section 8 of the
10                       Police Act 1892 (including any appeal in relation to that
                         action or those proceedings);
                   (d) proceedings under section 23 of the Police Act 1892.
           (7)   Despite subsection (6), the witness may, in any civil or criminal
                 proceedings, be asked about the statement under section 21 of
15               the Evidence Act 1906.

     95.         Power to obtain documents and other things
           (1)   The Commission may, by written notice served on a person,
                 require the person --
                   (a) to attend, at a time and place specified in the notice,
20                       before the Commission or an officer of the Commission
                         as specified in the notice; and
                   (b) to produce at that time and place to the person so
                         specified a document or other thing specified in the
                         notice.
25         (2)   The notice --
                  (a) may provide that the requirement may be satisfied by
                        some other person acting on behalf of the person on
                        whom it was imposed; and
                  (b) may specify the person or class of persons who may so
30                      act.



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     s. 96



     96.         Power to summon witnesses to attend and produce things
           (1)   The Commission may issue a signed summons and cause it to
                 be served on the person to whom it is addressed.
           (2)   Personal service of the summons is required.
5          (3)   The summons may require the person to whom it is addressed to
                 attend before the Commission at an examination, at a time and
                 place specified in the summons, and then and there to --
                   (a) give evidence;
                   (b) produce any record or other thing in the person's
10                       custody or control that is described in the summons; or
                   (c) do both of those things.

     97.         Witnesses to attend while required
                 A person who has been served with a summons under section 96
                 is required, unless excused by the Commission, to attend as
15               specified by the summons and report to the Commission from
                 day to day until released from further attendance by the
                 Commission.

     98.         Power of Commission in relation to things produced
           (1)   The Commission or a person authorised in writing by the
20               Commission may --
                  (a) inspect any document or other thing produced before the
                       Commission or an officer of the Commission;
                  (b) retain the document or other thing for a reasonable
                       period; and
25                (c) take photographs or copies of, or extracts or notes from,
                       anything relevant to the investigation.
           (2)   The Commission may make an order about what is to be done
                 with any document or other thing produced before the
                 Commission or an officer of the Commission, and it may be
30               dealt with in accordance with that order.


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           (3)   The Commission may not order a document to be destroyed
                 except in accord with the State Records Act 2000.

     99.         Notation on notice or summons to restrict disclosure
           (1)   In this section --
5                "official matter" means any of the following (whether past,
                      present or contingent) --
                      (a) the investigation for the purposes of which a notice or
                             summons that includes a notation under this section
                             was issued;
10                    (b) an examination before the Commission for the
                             purposes of the investigation; or
                      (c) court proceedings.
           (2)   A notice under section 94 or 95 or a summons under section 96
                 may include a notation to the effect that disclosure of
15               information about the notice or summons, or about any official
                 matter connected with it, is prohibited except in the
                 circumstances, if any, specified in the notation.
           (3)   The notation cannot be included unless subsection (4) requires it
                 to be included or subsection (5) permits it to be included.
20         (4)   The notation is required to be included if the Commission is
                 satisfied that failure to do so could reasonably be expected to
                 prejudice --
                   (a) the safety or reputation of a person;
                   (b) the fair trial of a person who has been or may be charged
25                        with an offence; or
                   (c) the effectiveness of an investigation.
           (5)   The notation may be included if the Commission is satisfied that
                 failure to do so --
                   (a) might prejudice --
30                          (i) the safety or reputation of a person;


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                        (ii)   the fair trial of a person who has been or may be
                               charged with an offence; or
                        (iii)  the effectiveness of an investigation;
                       or
5               (b)    might otherwise be contrary to the public interest.
        (6)    If the notation is included, it must be accompanied by a written
               statement describing the effect of section 167.
        (7)    The notation ceases to have effect if, after the conclusion of the
               investigation concerned --
10               (a) no evidence of an offence has been obtained;
                 (b) although evidence of an offence or offences has been
                       obtained, it has been decided not to initiate any criminal
                       proceedings in which the evidence would be relevant;
                 (c) evidence of an offence or offences committed by only
15                     one person has been obtained and criminal proceedings
                       have been initiated against that person; or
                 (d) evidence of an offence or offences committed by 2 or
                       more persons has been obtained and --
                         (i) criminal proceedings have been initiated against
20                            all those persons; or
                        (ii) criminal proceedings have been initiated against
                              all those persons except any of them against
                              whom it has been decided not to initiate criminal
                              proceedings.
25      (8)    If the notation ceases to have effect because of subsection (7),
               the Commission must serve a written notice of that fact on each
               person who was served with the summons or notice containing
               the notation.
        (9)    If the notation is inconsistent with a direction given under
30             section 151(4)(a), the notation has no effect to the extent of the
               inconsistency.



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                               Entry, search and related matters Division 2
                                                                     s. 100



             Division 2 -- Entry, search and related matters
     100.    Power to enter and search public premises
       (1)   An officer of the Commission authorised in writing by the
             Commission may, at any time without a warrant --
5             (a) enter and inspect any premises occupied or used by a
                    public authority or public officer in that capacity;
              (b) inspect any document or other thing in or on the
                    premises; and
              (c) take copies of any document in or on the premises.
10     (2)   The powers conferred by this section must not be exercised
             other than for the purpose of investigating any conduct of a
             person that constitutes or involves or may constitute or involve
             misconduct.
       (3)   A public authority or public officer must make available to an
15           officer authorised under subsection (1) such facilities as are
             necessary to enable the powers conferred by subsection (1) to be
             exercised.
       (4)   Subject to subsection (5), the powers conferred by this section
             may be exercised despite --
20            (a) any rule of law which, in proceedings in a court, might
                    justify an objection to an inspection of the premises or to
                    the production of a document or other thing on grounds
                    of public interest;
              (b) any privilege of a public authority or public officer in
25                  that capacity which the authority or official could have
                    claimed in a court of law; or
              (c) any duty of secrecy or other restriction on disclosure
                    applying to a public authority or public official.
       (5)   Nothing in this section affects the operation of the
30           Parliamentary Privileges Act 1891.



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     Division 2     Entry, search and related matters
     s. 101



     101.      Search warrants
        (1)    In this section --
               "authorised person" means --
                    (a) the named officer of the Commission or named
5                         officers of the Commission on whom authority is
                          conferred by a warrant; or
                    (b) a person referred to in subsection (3);
               "relevant material" means records or things that are or appear
                    likely to be relevant to the investigation of suspected
10                  misconduct;
               "warrant" means a warrant issued under subsection (2).
        (2)    If a Judge of the Supreme Court is satisfied, on the application
               of the Commission, that there are reasonable grounds for
               suspecting that there may be relevant material in or on particular
15             premises, the Judge may issue a search warrant authorising a
               named officer of the Commission or named officers of the
               Commission --
                 (a) to enter and search the premises; and
                 (b) where the premises comprise a vehicle, vessel, aircraft
20                     or the like, to stop and detain and give directions as to
                       the movement of the same.
        (3)    The person or persons on whom authority is conferred by a
               warrant may be accompanied by such other persons as are
               necessary for the effective exercise of the powers conferred by
25             the warrant and this section.
        (4)    In addition to exercising the powers in subsection (2) an
               authorised person acting under a warrant may --
                 (a) break open and search any thing in or on the premises it
                       is suspected might contain relevant material;
30               (b) seize any relevant material and deliver it to the
                       Commission;
                 (c) secure any relevant material against interference;

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              (d)   request any person found in or on the premises to
                    produce any relevant material which at the time of the
                    request is in the possession, under the control, or at the
                    order or disposition, of that person whether in or on the
5                   premises or elsewhere; and
              (e)   take photographs or copies of, or extracts or notes from,
                    any relevant material.
       (5)   An authorised person acting under a warrant may use such
             reasonable force as is necessary.
10     (6)   The Commission may --
              (a) retain possession of any relevant material for such
                   reasonable period as it thinks fit; and
              (b) at any time release any relevant material, whether
                   conditionally or unconditionally, to any person who
15                 appears to be entitled to possession of it.

                      Division 3 -- Assumed identities
     102.    Terms used in this Division
             In this Part --
             "chief officer", of an issuing agency, means the officer in
20                charge (however described) of the issuing agency;
             "issuing agency" means --
                  (a) a public authority; or
                  (b) a person, body or entity that is not a public authority;
             "officer", of an issuing agency, includes a person employed or
25                engaged by the issuing agency;
             "register" means a register kept under the Births, Deaths and
                  Marriages Registration Act 1998;
             "Registrar" means the Registrar of Births, Deaths and
                  Marriages referred to in section 5 of the Births, Deaths and
30                Marriages Registration Act 1998.


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     Division 3     Assumed identities
     s. 103



     103.      Approval for assumed identity
        (1)    The Commission may grant an approval (an "assumed identity
               approval") for the acquisition and use of an assumed identity
               by an officer of the Commission.
5       (2)    The approval must be in writing signed by the Commission.
        (3)    A single approval may be given for one or more assumed
               identities.
        (4)    The approval --
                (a) must specify --
10                       (i) the date of the approval;
                        (ii) the details of each assumed identity approved;
                       (iii) the name of the officer of the Commission to
                             whom the approval applies;
                (b) may specify the evidence of each assumed identity that
15                    may be acquired under the approval.
        (5)    The approval may be granted subject to conditions specified in
               the approval.
        (6)    The Commission may, in writing, vary or cancel the approval.
        (7)    Written notice of the variation or cancellation must be given to
20             the officer to whom the approval applies.
        (8)    The variation or cancellation of an approval takes effect --
                 (a)   on the day the written notice is given to the officer to
                       whom the approval applies; or
                (b)    if a later date of effect is stated in the notice -- on the
25                     day stated.
        (9)    The approval remains in force until it is cancelled.




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                                            Assumed identities  Division 3
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     104.    What an approval authorises
       (1)   An assumed identity approval authorises the officer of the
             Commission to whom it applies to acquire and use an assumed
             identity specified in the approval if the acquisition and use
5            are --
               (a) in the course of, or incidental to, duty; and
               (b) in accordance with the assumed identity approval.
       (2)   The officer can use an assumed identity under the authority of
             an assumed identity approval without having actually acquired
10           the identity.
       (3)   For the purposes of this Division --
              (a) an officer acquires an assumed identity by obtaining
                     evidence of the identity under the assumed identity,
                     including by obtaining the making of an entry in any
15                   register or other record of information; and
              (b)   an officer uses an assumed identity by --
                      (i) representing it to be the officer's true identity; or
                     (ii) acting in a way that is consistent with such an
                            identity rather than the officer's real identity.
20     (4)   An assumed identity approval also authorises --
              (a) the making (by the officer to whom the approval applies
                    or by the Commission) of any false or misleading
                    representation about the officer, for the purposes of or in
                    connection with the acquisition or use of the assumed
25                  identity by the officer; and
              (b) the use by the officer of the assumed identity to obtain
                    evidence of the identity.




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     Division 3     Assumed identities
     s. 105



     105.      Issuing evidence of assumed identity
        (1)    The Commission may request the chief officer of an issuing
               agency to --
                 (a) produce evidence of an assumed identity in accordance
5                     with an assumed identity approval; and
                 (b) give evidence of an assumed identity to the officer
                      specified in the approval.
        (2)    The request must state a reasonable period for compliance with
               the request.
10      (3)    The chief officer of a public authority who receives a request
               under subsection (1) is authorised and required to comply with
               the request.
        (4)    The chief officer of an issuing agency that is not a public
               authority who receives a request under subsection (1) is
15             authorised to comply with the request, but does not have to do
               so.
        (5)    For the purpose of complying with a request under this section,
               the chief officer, and any other officer of the issuing agency
               acting in accordance with the directions of the officer in charge,
20             are authorised to provide evidence of identity and make an
               appropriate entry in a register or other record of information in
               accordance with the request.
        (6)    In subsection (5) --
               "appropriate entry", in respect of an assumed identity, means
25                  a written or electronic entry that, either alone or with other
                    entries, is not inconsistent with the assumed identity being
                    a real identity.
     106.      Court orders as to entries in register
        (1)    A Judge of the Supreme Court may order the Registrar to make
30             an entry in a register under the Births, Deaths and Marriages
               Registration Act 1998 in relation to the acquisition of an
               assumed identity under an assumed identity approval.

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       (2)   The Judge may make the order --
              (a) on application of the Commission; and
              (b) if satisfied the order is justified having regard to the
                    nature of the activities to be undertaken by the officer of
5                   the Commission under the assumed identity approval.
       (3)   The Registrar must give effect to the order --
              (a) within the period stated in the order; or
              (b) if no period is stated in the order -- within 28 days after
                   the day on which the order is made.

10   107.    Hearing of application
       (1)   An application under section 106 or 109 is to be heard in closed
             court.
       (2)   A transcript of the proceedings on the application is not to be
             made.
15     (3)   No record of the application or of an order in relation to the
             application is to be available for search by any person, except
             by direction of a Judge.
       (4)   Nothing in this section prevents a person who was present at an
             application from giving oral evidence to a court about things
20           that happened at the application.

     108.    Cancellation of evidence of assumed identity
       (1)   The chief officer of an issuing agency who produces evidence
             of an assumed identity under this Division is to cancel the
             evidence if directed in writing to do so by the Commission.
25     (2)   This section does not apply to an entry in a register because of
             an order under section 106.
       (3)   In this section --
             "cancel" includes delete or alter an entry in a record of
                 information.


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     Division 3     Assumed identities
     s. 109



     109.      Cancellation of approval affecting entry in register of births,
               deaths and marriages
        (1)    This section applies if --
                (a) the Commission cancels an approval for an assumed
5                      identity; and
                (b) there is an entry in relation to that identity in a register
                       because of an order under section 106.
        (2)    If this section applies, the Commission must apply for an order
               under section 110 within 28 days after the approval is cancelled.

10   110.      Cancelling entries in register of births, deaths and
               marriages
        (1)    On application of the Commission, a Judge of the Supreme
               Court may order the Registrar to cancel an entry that has been
               made in a register under an order under section 106.
15      (2)    The Registrar must give effect to the order within 28 days after
               the day on which the order is made.

     111.      Protection from liability
        (1)    The chief officer, or another officer, of an issuing agency who
               does something that, apart from this section, would be an
20             offence, is not criminally responsible for the offence if the thing
               is done to comply with a request under section 105 or 108 or an
               order under section 106 or 110.
        (2)    If an officer of the Commission to whom an assumed identity
               approval applies does something that, apart from this section,
25             would be an offence, the officer is not criminally responsible for
               the offence if --
                 (a) the thing is done in the course of acquiring or using an
                       assumed identity in accordance with the approval;
                 (b) the thing is done in the course of duty; and
30               (c) the thing would not be an offence if the assumed identity
                       were the officer's real identity.

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                                            Assumed identities  Division 3
                                                                     s. 112



     112.    Indemnity
       (1)   The Commission must indemnify an issuing agency, or an
             officer of the agency, for any liability incurred by the agency or
             officer (including reasonable costs) if --
5              (a) the liability is incurred because of something done by
                     the agency or officer to comply with a request under
                     section 105, a direction under section 108 or an order
                     under section 106 or 110 and in the course of duty; and
               (b) any requirements prescribed by the regulations have
10                   been met.
       (2)   The Commission must indemnify an officer of the Commission
             to whom an assumed identity approval applies for any liability
             incurred by the officer (including reasonable costs) because of
             something done by the officer if --
15             (a) the thing is done in the course of acquiring or using an
                     assumed identity in accordance with the approval;
               (b) the thing is done in the course of the officer's duty; and
               (c) any requirements prescribed under the regulations have
                     been met.

20   113.    Particular skills or qualifications
       (1)   Sections 111 and 112 do not apply to anything done by an
             officer of the Commission to whom an assumed identity
             approval applies if --
               (a) a particular skill or qualification is needed to do the
25                   thing; and
               (b) the officer does not have that skill or qualification.
       (2)   Subsection (1) applies whether or not the officer has acquired,
             as evidence of the assumed identity, a document that establishes
             that he or she has that skill or qualification.




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     Division 3     Assumed identities
     s. 114



     114.      Identity of certain officers not to be disclosed in legal
               proceedings
        (1)    In this section --
               "court" includes any tribunal, authority or person having power
5                   to require the production of documents or the answering of
                    questions.
        (2)    If, in proceedings before a court, the identity of an officer of the
               Commission in respect of whom an assumed identity approval is
               or was in force may be disclosed, the court must, unless it
10             considers that the interests of justice otherwise require --
                  (a) ensure that such parts of the proceedings as relate to the
                        real identity of the officer are held in private; and
                 (b) make such orders as to the suppression of evidence
                        given before it as, in its opinion, will ensure that the
15                      identity of the officer is not disclosed.
        (3)    In particular, the court --
                 (a) may allow an officer in respect of whom an assumed
                       identity approval was or is in force to appear before it
                       under the assumed identity or under a code name or
20                     code number; and
                 (b) may make orders prohibiting the publication of any
                       information (including information derived from
                       evidence before it) that identifies, or might facilitate the
                       identification of, any person who has been or is
25                     proposed to be called to give evidence.
        (4)    A person who discloses information in contravention of an order
               in force under this section is guilty of a crime.
               Penalty: Imprisonment for 5 years and a fine of $100 000.

     115.      Information not to be disclosed
30             A person who, either directly or indirectly, makes a record of, or
               discloses, to another person, any information relating to the
               provision of evidence of identity or the making of an entry in a

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                                             Assumed identities  Division 3
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             register or other record of information under this Division,
             unless it is necessary to do so for the purposes of this Division,
             is guilty of a crime.
             Penalty: Imprisonment for 5 years and a fine of $100 000.

5    116.    Misuse of assumed identity
       (1)   An officer of the Commission to whom an assumed identity
             approval applies must not misuse an assumed identity covered
             by the approval.
             Penalty: Imprisonment for 3 years and a fine of $60 000.
10     (2)   For the purposes of subsection (1), an officer of the Commission
             misuses an assumed identity covered by an approval if --
              (a) the officer acquires evidence of, or uses, the assumed
                     identity; and
              (b) the acquisition or use is not --
15                      (i) in accordance with the approval; and
                       (ii) in the course of duty.

     117.    Evidence
       (1)   A document purporting to be an approval granted by the
             Commission is admissible in any legal proceedings.
20     (2)   A certificate signed by the Commission stating that --
              (a) a person is authorised by this Division to prepare and
                     provide a specified document or make a specified entry;
                     or
              (b) on a specified date, or during a specified period, a
25                   specified officer of the Commission was authorised to
                     acquire and use a specified assumed identity in
                     accordance with specified conditions,
             is admissible in any legal proceedings and is conclusive
             evidence of the matters specified in the certificate.



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     Division 4     Controlled operations and integrity testing programmes
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     118.      Review
               The Commission must review each assumed identity approval at
               least once every 6 months while the approval is in force.

               Division 4 -- Controlled operations and integrity
5                            testing programmes
     119.      Terms used in this Division
               In this Division --
               "authorised operation" means a controlled operation or
                    integrity testing programme for which an authority is in
10                  force;
               "authority" means an authority in force under this Division,
                    and includes any variation of such an authority;
               "civilian participant" in an authorised operation means a
                    participant in the operation who is not an officer of the
15                  Commission;
               "controlled activity" means an activity for which a person
                    would, but for section 128, be criminally responsible;
               "controlled operation" means an operation that --
                    (a) is conducted, or intended to be conducted, for the
20                         purpose of obtaining or facilitating the obtaining of
                           evidence of misconduct; and
                    (b) involves or may involve a controlled activity;
               "formal authority" has the meaning given by section 121(2);
               "integrity testing programme" has the meaning given by
25                  section 123;
               "officer participant" in an authorised operation means a
                    participant in the operation who is an officer of the
                    Commission;
               "participant" in an authorised operation means a person who is
30                  authorised under this Division to engage in controlled
                    activities for the purposes of the operation;

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              "urgent authority" has the meaning given by section 121(2).

     120.     Provisions are not to affect certain matters
              The provisions of this Division are not intended to limit a
              discretion that a court has --
5               (a) to admit or exclude evidence in any proceedings; or
                (b) to stay criminal proceedings in the interests of justice.

     121.     Authority to conduct controlled operation
       (1)    The Commission may grant an authority to conduct a controlled
              operation.
10     (2)    The authority may be granted --
               (a) by means of a written document signed by the
                     Commission (a "formal authority"); or
               (b) by such other means as are available, including (but not
                     limited to) orally in person, by telephone or by 2-way
15                   radio (an "urgent authority").
       (3)    The authority must --
               (a) specify the officer of the Commission responsible for
                     the operation;
               (b) identify each person who may engage in controlled
20                   activities for the purposes of the operation;
               (c) identify the controlled operation;
               (d) specify --
                        (i) with respect to officer participants, the nature of
                             the controlled activities that those officers may
25                           engage in; and
                       (ii) with respect to civilian participants, the nature of
                             the controlled activities that each participant may
                             engage in;
               (e) specify a period, not exceeding 6 months, for which the
30                   authority is to remain in force; and

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     Division 4     Controlled operations and integrity testing programmes
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                 (f)   specify the day on which and time when, the authority is
                       given.
        (4)    A person is sufficiently identified for the purposes of
               subsection (3)(a) or (b) if the person is identified --
5                (a) by an assumed identity under which the person is
                      operating; or
                 (b) by a code name or number,
               so long as the assumed identity, code name or code number can
               be matched to the person's identity by reference to
10             documentation kept by the Commission.
        (5)    For the purposes of subsection (3)(c) a controlled operation may
               be identified by reference to a plan of the controlled operation
               held by the Commission.
        (6)    The authority may be granted subject to conditions specified in
15             the authority.
        (7)    If the Commission grants an urgent authority, the Commission
               must --
                 (a) ensure that written notes are kept of the following
                       matters --
20                       (i) the date and time when the authority was
                              granted; and
                        (ii) the particulars referred to in subsections (3)
                              and (6);
                 (b) as soon as practicable prepare a written document that
25                     complies with subsection (3) and includes any
                       conditions subject to which the authority was granted.
        (8)    Unless it is sooner cancelled, an authority remains in force for
               the period specified in the authority.




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             Controlled operations and integrity testing programmes  Division 4
                                                                         s. 122



     122.     Certain matters not to be authorised
       (1)    An authority to conduct a controlled operation must not be
              granted in relation to a proposed operation that involves any
              participant in the operation --
5               (a) intentionally inducing a person to engage in misconduct
                      of a kind that the person would not otherwise have
                      intended to engage in; or
                (b) engaging in conduct that is likely to seriously endanger
                      the health or safety of that or any other participant, or
10                    any other person, or to result in serious loss or damage
                      to property.
       (2)    An authority to conduct a controlled operation in respect of a
              matter for which there is not an allegation of misconduct must
              not be granted unless each person to be investigated under the
15            controlled operation is --
                (a) a police officer; or
                (b) a person of a class prescribed by the regulations.
       (3)    A person must not be authorised to participate in a controlled
              operation unless the Commission is satisfied that the person has
20            the appropriate skills to participate in the operation.
       (4)    A person who is not an officer of the Commission --
                (a)   must not be authorised to participate in any aspect of a
                      controlled operation unless the Commission is satisfied
                      that it is wholly impracticable for an officer of the
25                    Commission to participate in that aspect of the
                      operation; and
                (b)   must not be authorised to engage in a controlled activity
                      unless it is wholly impracticable for the person to
                      participate in the aspect of the controlled operation
30                    referred to in paragraph (a) without engaging in that
                      activity.




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     Part 6         Powers
     Division 4     Controlled operations and integrity testing programmes
     s. 123



     123.      Authority to conduct integrity testing programme
        (1)    The Commission may grant an authority for an officer of the
               Commission or another person to conduct a programme (an
               "integrity testing programme") to test the integrity of any
5              particular public officer or class of public officers.
        (2)    An integrity testing programme may involve an act or omission
               (by a person who is participating in the programme) that offers a
               public officer whose integrity is being tested the opportunity to
               engage in behaviour, whether lawful or unlawful, in
10             contravention of the principles of integrity required of a public
               officer.
        (3)    The authority must be in writing signed by the Commission.
        (4)    The authority must --
                (a)    specify the officer of the Commission responsible for
15                     the programme;
                (b)    specify the names of any persons who are authorised to
                       participate in the programme;
                (c)    identify the integrity testing programme;
                (d)    specify the nature of the particular activities in which
20                     the persons specified in the authority are authorised to
                       engage;
                (e)    specify a period, not exceeding 6 months, for which the
                       authority is given; and
                 (f)   specify a date and time, being not earlier than its
25                     signing, when the authority comes into force.
        (5)    For the purposes of subsection (4)(c) an integrity testing
               programme may be identified by reference to a plan of the
               programme held by the Commission.
        (6)    A person is sufficiently identified for the purposes of
30             subsection (4)(a) or (b) if the person is identified --
                 (a) by an assumed identity under which the person is
                       operating; or

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             Controlled operations and integrity testing programmes  Division 4
                                                                         s. 124



                (b)   by a code name or number,
              so long as the assumed identity, code name or code number can
              be matched to the person's identity by reference to
              documentation kept by the Commission.
5      (7)    The authority may be granted subject to conditions specified in
              the authority.
       (8)    An authority to conduct an integrity testing programme in
              respect of a matter for which there is not an allegation of
              misconduct must not be granted unless each person to be tested
10            under the integrity testing programme is --
                (a) a police officer; or
                (b) a person of a class prescribed by the regulations.
       (9)    Unless it is sooner cancelled, an authority remains in force for
              the period specified in the authority.

15   124.     Variation of authority
       (1)    The Commission may vary an authority.
       (2)    The variation must --
               (a) identify the authorised operation for which the authority
                     is in force;
20             (b) specify the date and time when the variation of the
                     authority is granted; and
               (c) describe the variation.
       (3)    A variation of an authority to conduct a controlled operation
              may be granted --
25             (a) by means of a written document signed by the
                     Commission (a "formal variation of an authority"); or
               (b) by such other means as are available, including (but not
                     limited to) orally in person, by telephone or by 2-way
                     radio (an "urgent variation of an authority").



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     Division 4     Controlled operations and integrity testing programmes
     s. 125



        (4)    A variation of an authority to conduct an integrity testing
               programme must be granted by means of a written document
               signed by the Commission.
        (5)    If the Commission grants an urgent variation of an authority, the
5              Commission must --
                 (a) ensure that written notes are kept of the date and time
                       when the variation of authority was granted; and
                 (b) as soon as practicable prepare a written document that
                       complies with subsection (2).

10   125.      Cancellation of authority
        (1)    The Commission may, by order in writing, cancel an authority.
        (2)    Cancellation of an authority takes effect at the time the order is
               made or at such later time as may be specified in the order.

     126.      Effect of authority
15             While it is in force, an authority for a controlled operation or an
               integrity testing programme --
                 (a) authorises each officer participant to engage in the
                       controlled activities specified in the authority in respect
                       of the officer participants; and
20               (b) authorises each civilian participant to engage in the
                       particular controlled activities specified in the authority
                       in respect of that participant.

     127.      Defect in authority
               Any authority or variation of authority is not invalidated by any
25             defect, other than a defect that affects the authority or variation
               in a material particular.

     128.      Protection from criminal responsibility
               Despite any written or other law, a participant who engages in
               an activity in an authorised operation in the course of, and for


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             Controlled operations and integrity testing programmes  Division 4
                                                                         s. 129



              the purposes of the operation, is not, if engaging in that activity
              is an offence, criminally responsible for the offence, if --
                 (a) the activity is authorised by, and is engaged in
                      accordance with, the authority for the operation; and
5               (b) in the case of a controlled operation, the activity meets
                      the requirements of section 130.

     129.     Indemnification of participants against civil liability
       (1)    The Commission must indemnify an officer of the Commission
              against any civil liability (including reasonable costs) the officer
10            incurs because of conduct the officer engages in as an officer
              participant if --
                (a) the officer engages in the conduct in the course of, and
                      for the purposes of, an operation authorised by, and in
                      accordance with, the authority for the operation;
15              (b) in the case of a controlled operation, the conduct meets
                      the requirements of section 130; and
                (c) the requirements specified in the regulations have been
                      met.
       (2)    The Commission must indemnify a person who is not an officer
20            of the Commission against any civil liability (including
              reasonable costs) the person incurs because of conduct the
              person engages in as a civilian participant if --
                (a) the person engages in the conduct in the course of, and
                      for the purposes of, an operation authorised by, and in
25                    accordance with, the authority for the operation;
                (b) in the case of a controlled operation, the conduct meets
                      the requirements of section 130; and
                (c) the requirements specified in the regulations have been
                      met.




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     Corruption and Crime Commission Bill 2003
     Part 6         Powers
     Division 4     Controlled operations and integrity testing programmes
     s. 130



     130.      Requirements that must be met to obtain protection from
               criminal responsibility or indemnity
               An activity or conduct meets the requirements of this section
               if --
5                 (a) the activity or conduct does not involve any participant
                      in the operation intentionally inducing a person to
                      engage in misconduct that the person would not
                      otherwise have intended to engage in; and
                  (b) the activity or conduct does not involve any participant
10                    in the operation engaging in any conduct that is likely to
                      seriously endanger the health or safety of that or any
                      other participant, or any other person, or to result in
                      serious loss or damage to property.

     131.      Effect of being unaware of variation or cancellation of
15             authority
        (1)    If an authority is varied in a way that limits its scope, this
               Division continues to apply to any participant in the operation
               as if the authority had not been varied in that way, for so long as
               the participant --
20               (a) is unaware of the variation; and
                 (b) is not reckless about the existence of the variation.
        (2)    If an authority for a controlled operation is cancelled, this
               Division continues to apply to any participant in the operation
               as if the authority had not been cancelled in that way, for so
25             long as the participant --
                 (a) is unaware of the cancellation; and
                 (b) is not reckless about the existence of the cancellation.
        (3)    For the purposes of this section, a person is reckless about the
               existence of the variation or cancellation of an authority if --
30               (a) the person is aware of a substantial risk that the variation
                       or cancellation has happened; and


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             Controlled operations and integrity testing programmes  Division 4
                                                                         s. 132



                (b)   having regard to the circumstances known to the person,
                      it is unjustifiable to take the risk.

     132.     Protection from criminal responsibility for certain ancillary
              activities
5      (1)    This section applies to an activity such as aiding and abetting
              the commission of an offence or of conspiring to commit an
              offence (an "ancillary activity") for which a person may be
              criminally responsible because it involves an activity for which
              the other person would (but for section 128) be criminally
10            responsible (the "related controlled activity").
       (2)    Despite any other Act or law, a person who engages in an
              ancillary activity that is an offence (whether or not that person is
              a participant in an authorised operation) is not criminally
              responsible for the offence if at the time the person engaged in
15            the ancillary activity he or she believed the related controlled
              activity was being engaged in, or would be engaged in, by a
              participant in an authorised operation.

     133.     Evidence
       (1)    A document purporting to be an authority granted by the
20            Commissioner is admissible in any legal proceedings.
       (2)    A certificate signed by the Commission stating that, on a
              specified date or during a specified period, a specified person
              was authorised under this Division to participate in a controlled
              operation or integrity testing programme involving a specified
25            act or omission is admissible in any legal proceedings and is
              conclusive evidence of the matters specified in the certificate.

     134.     Identity of certain participants not to be disclosed in legal
              proceedings
       (1)    In this section --
30            "court" includes any tribunal, authority or person having power
                   to require the production of documents or the answering of
                   questions.

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     Corruption and Crime Commission Bill 2003
     Part 6         Powers
     Division 5     General
     s. 135



        (2)    If, in proceedings before a court, the identity of a participant in
               an authorised operation is in issue or may be disclosed, the court
               must, unless it considers that the interests of justice otherwise
               require --
5                 (a) ensure that such parts of the proceedings as relate to the
                        real identity of the participant are held in private; and
                 (b) make such orders as to the suppression of evidence
                        given before it as, in its opinion, will ensure that the
                        identity of the participant is not disclosed.
10      (3)    In particular, the court --
                 (a) may allow a participant in an authorised operation who
                       has been authorised to participate in the operation under
                       an assumed name to appear before it under the assumed
                       identity or under a code name or code number; and
15               (b) may make orders prohibiting the publication of any
                       information (including information derived from
                       evidence before it) that identifies, or might facilitate the
                       identification of, any person who has been or is
                       proposed to be called to give evidence.
20      (4)    A person who discloses information in contravention of an order
               in force under this section is guilty of a crime.
               Penalty: Imprisonment for 5 years and a fine of $100 000.

                               Division 5 -- General
     135.      Evidence
25             Except as otherwise stated in this Act, the Commission is not
               bound by the rules or practice of evidence and can inform itself
               on any matter is such manner as it thinks fit.

     136.      Ancillary powers
               The powers of the Commission include the power to do
30             anything that is necessary or incidental to the performance of
               the Commission's functions under this Part.

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                                      Corruption and Crime Commission Bill 2003
            Examinations and deciding claims of privilege and excuse     Part 7
                                                        Examinations Division 1
                                                                         s. 137



             Part 7 -- Examinations and deciding claims of
                         privilege and excuse
                            Division 1 -- Examinations
     137.       Commission may conduct examinations
5               The Commission may conduct an examination for the purposes
                of an investigation under this Act or for the purposes of an
                investigation in respect of which an exceptional powers finding
                has been made under section 46 and an organised crime
                summons has been issued.

10   138.       Conduct
                Except as otherwise stated in this Act, the Commission may
                regulate the conduct of examinations as the Commission thinks
                fit.

     139.       Examination to be private unless otherwise ordered
15     (1)      Except as provided in section 140, an examination is not open to
                the public.
       (2)      The Commission may make an order as to who may be present
                during the whole or any part of an examination that is not open
                to the public.
20     (3)      Nothing in an order given under subsection (2) prevents the
                presence at an examination, of --
                  (a) a person representing a witness;
                  (b) an officer of the Commission; or
                  (c) a person allowed to be present under section 142(5).
25     (4)      A person must not be present at an examination, or part of an
                examination, that is not open to the public unless the person is
                entitled to be present by reason of an order under subsection (2)
                or by reason of subsection (3).
                Penalty: Imprisonment for 3 years and a fine of $60 000.

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     Corruption and Crime Commission Bill 2003
     Part 7         Examinations and deciding claims of privilege and excuse
     Division 1     Examinations
     s. 140



     140.      Public examination
        (1)    This section does not apply to an organised crime examination.
        (2)    The Commission may open an examination to the public if,
               having weighed the benefits of public exposure and public
5              awareness against the potential for prejudice or privacy
               infringements, it considers that it is in the public interest to do
               so.
        (3)    A decision to open an examination to the public may be made at
               any time before or during the examination.
10      (4)    If the Commission decides to open an examination to the public,
               the Commission may close the examination for a particular
               purpose.

     141.      Power to examine on oath or affirmation
        (1)    The Commission may require a witness to take an oath or to
15             make an affirmation.
        (2)    The Commissioner may administer an oath or affirmation to a
               witness.

     142.      Legal representation
        (1)    When appearing at an examination a witness may be legally
20             represented.
        (2)    If the Commission has notice that a witness will not have a legal
               representative present at an examination, the Commission may,
               if it considers that in the circumstances it would be in the public
               interest to do so, arrange for the person to be legally represented
25             at the examination.
        (3)    A witness may decline to be legally represented as arranged
               under subsection (2) by the Commission, and in that case the
               Commission is not obliged to arrange any other legal
               representation for the witness.



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            Examinations and deciding claims of privilege and excuse      Part 7
                          Claims of privilege and reasonable excuse  Division 2
                                                                          s. 143



       (4)      The Commission may refuse to allow a witness to be
                represented before the Commission by a person who is already
                involved in an examination or is involved or suspected to be
                involved in a matter being investigated.
5      (5)      The Commission may allow another person to be legally
                represented at an examination while a witness is giving
                evidence and being examined if the Commission considers there
                are special circumstances.
       (6)      A legal practitioner, or any other person, appointed by the
10              Commission to assist the Commission may appear before the
                Commission.

     143.       Examination
       (1)      When a witness is appearing at an examination a legal
                practitioner, or any other person, appointed by the Commission
15              to assist the Commission may, so far as the Commission thinks
                proper, examine the witness on any matter that the Commission
                considers relevant.
       (2)      A person representing a witness before the Commission may, so
                far as the Commission thinks proper, examine that witness on
20              any matter that the Commission considers relevant.
       (3)      This section does not prevent the Commission from allowing
                any other examination that the Commission considers relevant.

            Division 2 -- Claims of privilege and reasonable excuse
     144.       Legal professional privilege
25     (1)      Subject to subsection (2), nothing in this Act prevents a person
                who is required under this Act to answer questions, give
                evidence, produce records, things or information or make
                facilities available from claiming legal professional privilege as
                a reason for not complying with that requirement.
30     (2)      Subsection (1) does not apply to any privilege of a public
                authority or public officer in that capacity.

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     Corruption and Crime Commission Bill 2003
     Part 7         Examinations and deciding claims of privilege and excuse
     Division 3     General
     s. 145



     145.      Use of statements obtained
        (1)    A statement made by a witness in answer to a question that a
               Commission requires the witness to answer is not admissible in
               evidence against the person making the statement in --
5                (a) any criminal proceedings; or
                 (b) proceedings for the imposition of a penalty other than --
                         (i) contempt proceedings;
                        (ii) proceedings for an offence against this Act;
                       (iii) an action or related proceedings under section 8
10                           of the Police Act 1892 (including any appeal in
                             relation to that action or those proceedings); or
                       (iv) proceedings under section 23 of the Police
                             Act 1892.
        (2)    Despite subsection (1), the witness may, in any civil or criminal
15             proceedings, be asked about the statement under section 21 of
               the Evidence Act 1906.

                              Division 3 -- General
     146.      Allowances for witnesses
        (1)    A person appearing as a witness is entitled to be paid for the
20             expenses of attendance.
        (2)    The amount of expenses payable is the amount certified by the
               Commission in accordance with a scale which may be
               prescribed or, if a scale is not prescribed, the sum the
               Commission certifies as reasonable.
25      (3)    The expenses are payable by the Treasurer of the State.
        (4)    For the purposes of this section the Consolidated Fund is, to the
               extent necessary, appropriated accordingly.




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            Examinations and deciding claims of privilege and excuse     Part 7
                                                             General Division 3
                                                                         s. 147



     147.       Protection of Commission, legal representatives and
                witnesses
       (1)      The Commission has, in the performance of its functions at an
                examination, the same protection and immunity as a Judge of
5               the Supreme Court.
       (2)      A legal practitioner, or other person, when representing a person
                at an examination or assisting the Commission at an
                examination has the same protection and immunity as a legal
                practitioner appearing for a party in a proceeding in the
10              Supreme Court and, if the person is a legal practitioner, is
                subject to the same liabilities as if appearing before that court.
       (3)      A person required to attend or appearing at an examination as a
                witness has the same protection as a witness in a proceeding in
                the Supreme Court, and is, in addition to the penalties provided
15              by this Act, subject to the same liabilities in any civil or
                criminal proceeding, as a witness in any case tried in the
                Supreme Court.




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     Corruption and Crime Commission Bill 2003
     Part 8         Arrest warrants

     s. 148



                         Part 8 -- Arrest warrants
     148.      Arrest
        (1)    If a person who has been served with a summons under
               section 96 fails to attend as required by the summons and
5              section 97, the Commission may, on proof by a statement
               verified by statutory declaration that the summons was served,
               issue a warrant for the apprehension of that person.
        (2)    The Commission may issue a warrant for the apprehension of a
               person whose evidence is desired and is necessary and relevant
10             to the Commission's investigation if the Commission is satisfied
               by evidence on oath or affirmation that it is probable that the
               person --
                 (a) will not attend before the Commission to give evidence
                       without being compelled to do so; or
15               (b) is about to or is making preparation to leave the State
                       and the person's evidence will not be obtained by the
                       Commission if the person departs.
        (3)    The powers conferred by subsection (2) must not be exercised
               unless the Commission is satisfied that the evidence of the
20             person concerned is required for the purpose of investigating
               any conduct that constitutes or involves or may constitute or
               involve misconduct.
        (4)    A warrant may be issued under subsection (2) without or before
               the issue of a summons to the person whose evidence is desired.
25      (5)    A warrant may be issued under subsection (2) after the issue of
               a summons to the person whose evidence is desired, even
               though the time specified in the summons for the person to
               attend has not yet passed.
        (6)    A warrant issued under this section authorises any person to
30             whom it is addressed --
                (a) to apprehend the person named in the warrant at any
                      time and bring the person before the Commission; and

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                                               Arrest warrants       Part 8

                                                                         s. 149



              (b)   for that purpose, to detain the person named in the
                    warrant in custody until released by order of the
                    Commission or, on review, by order of the Supreme
                    Court.
5      (7)   The person executing the warrant may --
              (a) break and enter any place, building, vessel or other thing
                    for the purpose of executing the warrant; and
              (b) use reasonable force and assistance to apprehend the
                    person named in the warrant.
10     (8)   The apprehension of a person under this section does not
             prevent the person from being dealt with under section 159 for
             contempt.

     149.    Conditional release from custody
       (1)   The release of a person by order of the Commission under
15           section 148(6)(b) may be made subject to one or more of the
             following conditions --
               (a) a condition that the person appear and report before the
                     Commission in accordance with the terms of the order
                     unless excused from attendance or until released from
20                   further attendance by the Commission;
               (b) conditions for the purpose of ensuring the further
                     attendance of the person before the Commission (for
                     example, the provision of sureties by the person, the
                     surrender of any passport held by the person, a
25                   requirement as to where the person is to live and regular
                     reporting by the person to the Commission);
               (c) any other condition that the Commission thinks
                     appropriate.
       (2)   The Commission may by order amend, revoke or add to those
30           conditions.




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     Corruption and Crime Commission Bill 2003
     Part 8         Arrest warrants

     s. 150



        (3)    A person who without reasonable excuse fails to comply with a
               condition to which the release of the person under
               section 148(6)(b) is subject is guilty of an offence.
               Penalty: Imprisonment for 3 years and a fine of $60 000.

5    150.      Review by Supreme Court
        (1)    A person who has not been released by the Commission under
               section 148(6)(b) or whose release under that provision is
               subject to one or more conditions may apply to the Supreme
               Court for a review of the decision not to release the person or of
10             the terms of one or more of those conditions.
        (2)    The Supreme Court may do either or both of the following --
                (a) affirm or set aside a decision by the Commission not to
                     release the person or any condition imposed by the
                     Commission on the release of the person;
15              (b) make any order that the Commission may make in
                     relation to the detention or release of the person.
        (3)    The Supreme Court may also exercise its powers under
               subsection (2) where the Commission has not made a decision
               within a reasonable time on the release of the person.
20      (4)    An order under subsection (2) is taken to be an order of the
               Commission.




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                   Disclosure, secrecy and protection of witnesses     Part 9

                                                                          s. 151



             Part 9 -- Disclosure, secrecy and protection
                            of witnesses
     151.     Disclosure generally
       (1)    In this section --
5             "restricted matter" means any of the following --
                   (a) any evidence given before the Commission;
                  (b) the contents of any statement of information or
                        document, or a description of any thing, produced to
                        the Commission;
10                 (c) the contents of any document, or a description of any
                        thing, seized under this Act;
                  (d) any information that might enable a person who has
                        been, or is about to be, examined before the
                        Commission to be identified or located;
15                 (e) the fact that any person has been or may be about to
                        be examined before the Commission.
       (2)    Subject to subsections (3) and (4), a restricted matter must not
              be disclosed.
       (3)    Unless the Commission orders otherwise, a restricted matter
20            may be disclosed if that matter has already been disclosed at a
              part of an examination that was open to the public.
       (4)    A restricted matter may be disclosed --
               (a) in accordance with a direction of the Commission;
               (b) to a legal practitioner for the purpose of obtaining legal
25                    advice or representation relating to a notice, summons or
                      matter;
               (c) to a person for the purpose of obtaining legal aid relating
                      to a notice, summons or matter;
               (d) to an officer or agent of a body corporate by the body
30                    corporate or another officer or agent of the body


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     Corruption and Crime Commission Bill 2003
     Part 9         Disclosure, secrecy and protection of witnesses

     s. 151



                       corporate for the purpose of ensuring compliance with a
                       notice or summons;
                 (e)   by a legal practitioner for the purpose of complying with
                       a legal duty of disclosure arising from his or her
5                      professional relationship with a client;
                 (f)   by a legal practitioner referred to in paragraph (b) for the
                       purpose of giving legal advice, making representations,
                       or obtaining legal aid, relating to the notice, summons or
                       matter;
10              (g)    by a person referred to in paragraph (c) for the purpose
                       of obtaining legal aid relating to the notice, summons or
                       matter; or
                (h)    if that disclosure is otherwise authorised or required
                       under this Act.
15      (5)    This section does not apply to --
                 (a)   the Commission or a relevant person as defined in
                       section 152(1); or
                (b)    a relevant person as defined in section 208(1),
               in relation to a restricted matter that is official information
20             under section 152 or 208, as the case may be.
        (6)    This section does not apply to --
                 (a)   an authority or person referred to in section 153 or 209;
                       or
                (b)    any person or employee under the control of an
25                     authority or person referred to in section 153 or 209,
               in relation to a restricted matter that is information to which
               section 153 or 209, as the case may be, applies.
        (7)    If a restricted matter is disclosed contrary to this section, any
               person who so discloses the matter, or causes the matter to be so
30             disclosed, commits an offence.
               Penalty: Imprisonment for 3 years and a fine of $60 000.


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                                   Corruption and Crime Commission Bill 2003
                  Disclosure, secrecy and protection of witnesses     Part 9

                                                                         s. 152



     152.    Disclosure by the Commission or officers of the Commission
       (1)   In this section --
             "Commission lawyer" means --
                  (a) a legal practitioner appointed to assist the
5                        Commission; and
                  (b) a person who assists, or performs services for or on
                         behalf of a legal practitioner appointed to assist the
                         Commission in the performance of the legal
                         practitioner's duties assisting the Commission;
10           "court" includes a tribunal, authority or person having power to
                  require the production of documents or the answering of
                  questions;
             "official information", in relation to a relevant person, means
                  information acquired by the person by reason of, or in the
15                course of, the performance of the person's functions under
                  this Act;
             "produce" includes permit access to;
             "relevant person" means a person who is or was --
                  (a) an officer of the Commission; or
20                (b) a Commission lawyer.
       (2)   Subject to subsections (3), (4) and (6) a relevant person must
             not, either directly or indirectly --
               (a) make a record of any official information; or
               (b) disclose any official information.
25           Penalty: Imprisonment for 3 years and a fine of $60 000.
       (3)   Despite subsection (2), a relevant person may make a record of
             official information --
               (a) under or for the purposes of this Act;
               (b) otherwise in connection with the performance of the
30                    person's functions under this Act.



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     Corruption and Crime Commission Bill 2003
     Part 9         Disclosure, secrecy and protection of witnesses

     s. 152



        (4)     Despite subsection (2), official information may be disclosed by
                a relevant person if it is disclosed --
                  (a) under or for the purposes of this Act;
                  (b) for the purposes of a prosecution or disciplinary action
5                       instituted as a result of an investigation conducted by the
                        Commission or the Parliamentary Inspector under this
                        Act or any other prosecutions or disciplinary action in
                        relation to misconduct;
                  (c) when the Commission has certified that disclosure is
10                      necessary in the public interest;
                  (d) to either House of Parliament or to a Standing
                        Committee;
                  (e) to any prescribed authority or person; or
                   (f) otherwise in connection with the performance of the
15                      person's functions under this Act.
        (5)     A relevant person is not authorised to disclose operational
                information under subsection (4)(d) or (e) unless the
                Commission has certified under subsection (4)(c) that disclosure
                is necessary in the public interest.
20      (6)     Despite subsection (2), a relevant person may disclose the fact
                that an allegation has been received or initiated by the
                Commission or the details of an allegation.
        (7)     A relevant person cannot be required to produce or disclose any
                official information in or to any court except for the purposes of
25              a prosecution or disciplinary action instituted as a result of an
                investigation conducted by the Commission or the
                Parliamentary Inspector under this Act.
        (8)     This section also applies to the Commission as if references to
                official information were references to all information acquired
30              by the Commission by reason of, or in the course of, the
                performance of the Commission's functions under this Act.




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                                   Corruption and Crime Commission Bill 2003
                  Disclosure, secrecy and protection of witnesses     Part 9

                                                                           s. 153



     153.    Disclosure by other officials
       (1)   In this section --
             "court" includes a tribunal, authority or person having power to
                 require the production of documents or the answering of
5                questions;
             "produce" includes permit access to.
       (2)   This section applies to information if, in circumstances referred
             to in section 152(4), it is disclosed to an authority or person for
             use in connection with the performance of a function of the
10           authority or person under a written law.
       (3)   The authority or person, or any person or employee under the
             control of the authority or person --
               (a) must not, either directly or indirectly --
                        (i) make a record of information to which this
15                           section applies; or
                       (ii) disclose any information to which this section
                             applies,
                     except for the purpose for which it was disclosed to the
                     authority or person; and
20             (b) cannot be required to produce or disclose the
                     information in or to any court except for the purposes of
                     a prosecution or disciplinary action instituted as a result
                     of an investigation conducted by the Commission or the
                     Parliamentary Inspector under this Act.
25           Penalty, for a contravention of paragraph (a): Imprisonment for
                  3 years and a fine of $60 000.
       (4)   Subsection (3) does not prevent the disclosure of the fact that an
             allegation has been received or initiated by the Commission or
             the details of an allegation.




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     Corruption and Crime Commission Bill 2003
     Part 9         Disclosure, secrecy and protection of witnesses

     s. 154



     154.       Exclusion of other laws
                Section 151(7), 152(2) and 153(3) apply despite any law or rule
                of law, written or otherwise, under which a person may be
                required to produce or disclose any matter or information.

5    155.       Application of Telecommunications (Interception) Western
                Australia Act 1996
                Section 22 of the Telecommunications (Interception) Western
                Australia Act 1996 does not apply to prevent the disclosure of
                any information or record for the purposes of any proceedings
10              for an offence under this Act.

     156.       Witness protection arrangements
        (1)     If it appears to the Commission that, because a person --
                  (a) is helping or has helped the Commission in the
                         performance of its functions;
15                (b) is to attend, is attending, or has attended, before the
                         Commission or an officer of the Commission to give
                         evidence or to produce a document or thing; or
                  (c) proposes to produce, or has produced, a document or
                         thing to the Commission or an officer of the
20                       Commission,
                the safety of any person may be prejudiced or any person may
                be subjected to intimidation or harassment, the Commission
                may make arrangements to avoid prejudice to the safety of any
                person, or to protect any person from intimidation or
25              harassment.
        (2)     The Commission may make such arrangements as it thinks fit
                under subsection (1), including arrangements with --
                  (a) the Minister;
                  (b) the Commissioner of Police;
30                (c) the Commissioner (however designated) of the police
                       force of another State or Territory;

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                                  Corruption and Crime Commission Bill 2003
                 Disclosure, secrecy and protection of witnesses     Part 9

                                                                     s. 156



           (d)     the Commissioner of the Australian Federal Police; and
           (e)     any other person, body or authority the Commission
                   thinks fit.
    (3)   Nothing in this section affects the Witness Protection (Western
5         Australia) Act 1996.




                                                                  page 103
     Corruption and Crime Commission Bill 2003
     Part 10        Contempt

     s. 157



                              Part 10 -- Contempt
     157.       Meaning of "reasonable excuse"
                In this Part --
                "reasonable excuse", in relation to a failure to produce any
5                   document or other thing, means an excuse that would
                    excuse a similar failure by a witness, or a person
                    summoned as a witness, before the Supreme Court except
                    that it does not include as an excuse for failing to produce
                    any document or other thing, that --
10                  (a) the production of the document or other thing might
                           incriminate or tend to incriminate the person or
                           render the person liable to a penalty; or
                    (b) the production of the document or other thing would
                           be in breach of an obligation of the person not to
15                         disclose information, or not to disclose the existence
                           or contents of a document, whether the obligation
                           arose under an enactment or otherwise.

     158.       Penalty for failing to comply with notice
                A person who --
20               (a) fails, without reasonable excuse, to comply with a notice
                       served on the person under section 94 or 95; or
                 (b) in purported compliance with a notice served on the
                       person or some other person under this section,
                       furnishes information knowing it to be false or
25                     misleading in a material particular,
                is in contempt of the Commission.

     159.       Penalty for failing to attend or produce anything
                A person who has been served with a summons under section 96
                and fails, without reasonable excuse, to --
30                (a) attend as required by the summons and section 97; or


     page 104
                                  Corruption and Crime Commission Bill 2003
                                                    Contempt       Part 10

                                                                        s. 160



              (b)   produce any document or other thing as required by the
                    summons,
             is in contempt of the Commission.

     160.    Penalty for failing to be sworn or to give evidence
5      (1)   A person served with a summons under section 96 requiring the
             person to attend and give evidence who --
               (a) refuses or fails to be sworn or make an affirmation; or
               (b) fails to answer any question relevant to the investigation
                     that the Commission requires the person to answer,
10           is in contempt of the Commission.
       (2)   Despite sections 147(3) and 163(6), a person required by the
             Commission to answer a question relevant to the investigation is
             not excused from the requirement to answer the question on the
             ground that the answer might incriminate or tend to incriminate
15           the person or render the person liable to a penalty.

     161.    Penalties in relation to search warrants
       (1)   In this section --
             "authorised person" has the meaning given by section 101(1).
       (2)   A person who, without reasonable excuse --
20            (a) prevents or attempts to prevent an authorised person
                    from exercising a power conferred by or under
                    section 101;
              (b) hinders or obstructs an authorised person in the exercise
                    of a power conferred by or under section 101;
25            (c) fails to comply with a direction or request of an
                    authorised person under section 101(2)(b) or (4)(d); or
              (d) fails to comply with a condition imposed on the person
                    under section 101(6)(b),
             is in contempt of the Commission.


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     Corruption and Crime Commission Bill 2003
     Part 10        Contempt

     s. 162



        (3)     A person who furnishes to an authorised person acting under a
                warrant issued under section 101 information that is false in a
                material particular is in contempt of the Commission.

     162.       Other contempt of Commission
5       (1)     A person who --
                  (a)   insults the Commission while the Commission is
                        conducting an examination;
                 (b)    deliberately interrupts an examination conducted by the
                        Commission;
10                (c)   at an examination conducted by the Commission,
                        contravenes a provision of this Act relating to the
                        examination;
                 (d)    creates or continues or joins in creating or continuing, a
                        disturbance in or near a place where the Commission is
15                      conducting an examination; or
                  (e)   does anything else at an examination conducted by the
                        Commission or otherwise that would be contempt of
                        court if the Commission were a judge acting judicially,
                is in contempt of the Commission.
20      (2)     The Commission may order that a person who under
                subsection (1) is in contempt of the Commission at an
                examination be excluded from the place where the examination
                is being conducted.
        (3)     An officer of the Commission, acting under the Commission's
25              order, may, using necessary and reasonable help and force,
                exclude the person from the place.

     163.       Punishment of contempt
        (1)     Where a contempt of the Commission is alleged to have taken
                place, the Commission may present to the Supreme Court a
30              certificate setting out the details of the act or omission that the
                Commission considers constitutes the alleged contempt.


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                                  Corruption and Crime Commission Bill 2003
                                                    Contempt       Part 10

                                                                           s. 164



       (2)   A certificate presented under subsection (1) is prima facie
             evidence of the matters certified in it.
       (3)   Where a certificate is presented under subsection (1), the
             Supreme Court has jurisdiction as if the contempt were a
5            contempt of that Court.
       (4)   A person is not liable to be punished for contempt under this
             section in respect of failure to comply with a notice served
             under section 95 or a summons served under section 96 if, in the
             case of a failure without reasonable excuse to produce any
10           document or other thing, the person proves that the document or
             other thing was not relevant to the investigation.
       (5)   Subsection (4) does not apply in respect of failure to comply
             with an examination summons.
       (6)   Except as otherwise provided in this Act, a person required to
15           comply with a notice served under section 94 or 95 or a
             summons served under section 96 has the same protection, and
             is subject to the same liabilities in any civil or criminal
             proceedings, as a witness in any case tried in the Supreme
             Court.

20   164.    Conduct that is contempt and offence
       (1)   An act may be punished as a contempt of the Commission even
             though it could be punished as an offence.
       (2)   An act may be punished as an offence even though it could be
             punished as a contempt of the Commission.
25     (3)   If an act constitutes both an offence and a contempt of the
             Commission the offender is not liable to be punished twice.




                                                                      page 107
     Corruption and Crime Commission Bill 2003
     Part 11        Offences

     s. 165



                              Part 11 -- Offences
     165.       Obstructing or hindering the Commission, the
                Parliamentary Inspector or an officer
                A person who wilfully delays, obstructs or otherwise hinders the
5               performance of a function by --
                  (a) the Commission;
                  (b) an officer of the Commission;
                  (c) the Parliamentary Inspector; or
                  (d) an officer of the Parliamentary Inspector,
10              commits an offence.
                Penalty: Imprisonment for 3 years and a fine of $60 000.

     166.       Malicious disclosure of false allegation
                A person who maliciously discloses that an allegation of
                misconduct has been or is or may be about to be made to the
15              Commission, knowing the allegation to be false in a material
                particular, commits an offence.
                Penalty: Imprisonment for 3 years and a fine of $60 000.

     167.       Disclosure contrary to notation on summons
        (1)     In this section --
20              "notation" means a notation made under section 99 on a notice
                     or summons;
                "notice or summons" means a notice or summons containing a
                     notation;
                "official matter" has the meaning given to that term in
25                   section 99;
                "restricted matter" means any of the following --
                     (a) the existence of a notice or summons or any
                            information about it;


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                                       Corruption and Crime Commission Bill 2003
                                                         Offences       Part 11

                                                                               s. 167



                   (b)      the existence of any official matter connected with a
                            notice or summons or any information about that
                            official matter.
     (2)   This section applies to --
5           (a)          a person who is served with a notice or summons; or
            (b)          a person to whom restricted matter is disclosed in
                         circumstances referred to in subsection (4).
     (3)   Subject to subsection (4), a restricted matter must not be
           disclosed by a person to whom this section applies.
10         Penalty: Imprisonment for 3 years and a fine of $60 000.
     (4)   A restricted matter may be disclosed --
            (a)          in accordance with the circumstances, if any, specified
                         in the notation;
            (b)          to a legal practitioner for the purpose of obtaining legal
15                       advice or representation relating to the notice or
                         summons;
            (c)          to a person for the purpose of obtaining legal aid relating
                         to the notice or summons;
            (d)          to an officer or agent of a body corporate by the body
20                       corporate or another officer or agent of the body
                         corporate for the purpose of ensuring compliance with
                         the notice or summons;
            (e)          by a legal practitioner for the purpose of complying with
                         a legal duty of disclosure arising from his or her
25                       professional relationship with a client;
             (f)         by a legal practitioner referred to in paragraph (b) for the
                         purpose of giving legal advice, making representations,
                         or obtaining legal aid, relating to the notice, summons or
                         matter; or
30          (g)          by a person referred to in paragraph (c) for the purpose
                         of obtaining legal aid relating to the notice, summons or
                         matter.


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     Corruption and Crime Commission Bill 2003
     Part 11        Offences

     s. 168



        (5)     This section ceases to apply if --
                 (a) under section 99(7) the notation ceases to have effect; or
                 (b) a period of 5 years elapses after the issue of the notice or
                        summons.
5       (6)     Subsection (5) does not affect the operation of section 151 in
                relation to a restricted matter.
        (7)     A reference in this section to disclosing the existence of
                something includes disclosing information from which a person
                could reasonably be expected to infer its existence.

10   168.       Giving false testimony
                A person who, at an examination before the Commission or an
                inquiry before the Parliamentary Inspector, gives evidence that
                the person knows is false or misleading in a material particular
                is guilty of a crime.
15              Penalty: Imprisonment for 5 years and a fine of $100 000.

     169.       Bribery of witness
                A person who --
                 (a) gives, confers, or procures, or promises or offers to give
                       or confer, or to procure or attempt to procure, any
20                     property or benefit of any kind to, upon, or for, any
                       person, upon any agreement or understanding that any
                       person called or to be called as a witness before the
                       Commission or the Parliamentary Inspector will give
                       false testimony or withhold true testimony;
25               (b) attempts by any means to induce a person called or to be
                       called as a witness before the Commission or
                       Parliamentary Inspector to give false testimony, or to
                       withhold true testimony; or
                 (c) asks, receives or obtains, or agrees or attempts to receive
30                     or obtain, any property or benefit of any kind for that or
                       any other person, upon any agreement or understanding
                       that a witness before the Commission or Parliamentary

     page 110
                                  Corruption and Crime Commission Bill 2003
                                                    Offences       Part 11

                                                                         s. 170



                    Inspector will give false testimony or withhold true
                    testimony,
            is guilty of a crime.
            Penalty: Imprisonment for 5 years and a fine of $100 000.

5    170.   Fraud on witness
            A person who practises any fraud or deceit on, or knowingly
            makes or exhibits any false statement, representation, token, or
            writing to, a person called or to be called as a witness before the
            Commission or the Parliamentary Inspector with intent to affect
10          the testimony of that person as a witness, is guilty of an offence.
            Penalty: Imprisonment for 3 years and a fine of $60 000.

     171.   Destroying evidence
            A person who, knowing that a document or other thing is or
            may be required by the Commission or Parliamentary Inspector,
15          wilfully destroys it or renders it illegible or undecipherable or
            incapable of identification, with the intention of preventing it
            from being effectively used in evidence, is guilty of an offence.
            Penalty: Imprisonment for 3 years and a fine of $60 000.

     172.   Preventing witness from attending
20          A person who wilfully prevents, or wilfully endeavours to
            prevent, a person who has been summoned to attend as a
            witness before the Commission or Parliamentary Inspector from
            attending as a witness, or from producing anything in evidence,
            as required by the summons is guilty of a crime.
25          Penalty: Imprisonment for 5 years and a fine of $100 000.

     173.   Injury or detriment to witness
            A person who uses, causes, inflicts, or procures, any violence,
            punishment, damage, loss, or disadvantage to any other person
            for or on account of the other person having appeared as a
30          witness before the Commission or Parliamentary Inspector, or


                                                                      page 111
     Corruption and Crime Commission Bill 2003
     Part 11        Offences

     s. 174



                for or on account of any evidence given by the other person
                before the Commission or Parliamentary Inspector, is guilty of a
                crime.
                Penalty: Imprisonment for 5 years and a fine of $100 000.

5    174.       Dismissal by employer of witness
        (1)     An employer who dismisses an employee from employment, or
                prejudices an employee in employment, for or on account of the
                employee having appeared as a witness before the Commission or
                Parliamentary Inspector, or for or on account of the employee
10              having given evidence before the Commission or Parliamentary
                Inspector, is guilty of a crime.
                Penalty: Imprisonment for 5 years and a fine of $100 000.
        (2)     In a proceeding for an offence against subsection (1) it lies upon
                the employer to prove that the employee shown to have been
15              dismissed or prejudiced was dismissed or prejudiced for a
                reason other than a reason mentioned in that subsection.

     175.       Victimisation
                A person must not --
                 (a) threaten to prejudice the safety or career of any person;
20               (b) intimidate or harass, or threaten to intimidate or harass,
                       any person; or
                 (c) do an act that is, or is likely to be, to the detriment of
                       any person,
                because the person mentioned in paragraph (a), (b) or (c), or
25              someone else, gave evidence to, or helped, the Commission or
                Parliamentary Inspector in the performance of its, his or her
                functions.
                Penalty: Imprisonment for 3 years and a fine of $60 000.




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                                                      Offences       Part 11

                                                                             s. 176



     176.    Pretending to be officer
             A person must not pretend to be an officer of the Commission
             or an officer of the Parliamentary Inspector.
             Penalty: Imprisonment for 3 years and a fine of $60 000.

5    177.    Summary conviction of crimes
       (1)   Despite an offence against this Act being a crime, a court of
             summary jurisdiction may hear and determine proceedings in
             respect of the offence if the court is satisfied that it is proper to
             do so and the defendant and the prosecutor consent.
10     (2)   Where, in accordance with subsection (1), a court of summary
             jurisdiction convicts a person of an offence, the penalty that the
             court may impose is imprisonment for a period not exceeding
             3 years and a fine not exceeding $60 000.




                                                                          page 113
     Corruption and Crime Commission Bill 2003
     Part 12        Administration
     Division 1     Staff
     s. 178



                          Part 12 -- Administration
                                 Division 1 -- Staff
     178.       Commission is not an SES organisation
                The Commission is not, and is not to become, an SES
5               organisation under the Public Sector Management Act 1994.

     179.       Staff of the Commission
        (1)     The Commission may appoint members of staff.
        (2)     A member of staff is not to be appointed for a term exceeding
                5 years and is eligible for reappointment.
10      (3)     The staff are not to be employed under Part 3 of the Public
                Sector Management Act 1994.
        (4)     The power conferred by subsection (1) --
                  (a)   includes powers to determine remuneration and other
                        terms and conditions of service of staff, to remove,
15                      suspend and discipline staff and to terminate the
                        employment of staff; and
                 (b)    does not preclude the delegation of any matter under
                        section 185.
        (5)     The remuneration of and other terms and conditions of
20              employment of staff are not to be less favourable than is
                provided for in --
                  (a) an applicable award, order or agreement under the
                       Industrial Relations Act 1979; or
                  (b) the Minimum Conditions of Employment Act 1993.

25   180.       Service as public service officer
        (1)     If a public service officer is appointed to the staff of the
                Commission under section 179, that person is entitled to retain
                all his or her accruing and existing rights, including any rights


     page 114
                                   Corruption and Crime Commission Bill 2003
                                                 Administration     Part 12
                                                          Staff  Division 1
                                                                      s. 181



             under the Superannuation and Family Benefits Act 1938, as if
             service as an officer of the Commission were a continuation of
             service as a public service officer.
       (2)   If a person ceases to be an officer of the Commission and
5            becomes a public service officer the service as an officer of the
             Commission is to be regarded as service in the Public Service
             for the purpose of determining that person's rights as a public
             service officer and, if applicable, for the purposes of the
             Superannuation and Family Benefits Act 1938.
10     (3)   If --
               (a)   an officer of the Commission was immediately before
                     his or her appointment under section 179 a permanent
                     officer under Part 3 of the Public Sector Management
                     Act 1994; and
15            (b)    that person ceases to be an officer of the Commission
                     for a reason other than dismissal for substandard
                     performance, breach of discipline or misconduct,
             that person is entitled to be appointed to an office under Part 3
             of the Public Sector Management Act 1994 of at least the
20           equivalent level of classification as the office that person
             occupied immediately prior to appointment under section 179.

     181.    Secondment of staff and use of facilities
       (1)   The Commission may arrange for any officer or employee --
              (a) in the Public Service;
25            (b) in a State agency; or
              (c) otherwise in the service of the State,
             to be seconded or otherwise engaged to assist the Commission.
       (2)   The Commission may arrange for --
              (a) an officer or employee of a body or authority of another
30                 State, a Territory or the Commonwealth or otherwise in
                   the service of another State, a Territory or the
                   Commonwealth;

                                                                       page 115
     Corruption and Crime Commission Bill 2003
     Part 12        Administration
     Division 1     Staff
     s. 182



                 (b)    a member of the Australian Federal Police Force;
                 (c)    a member of the Police Force of another State or
                        Territory; or
                 (d)    a member of the Police Force of another country,
5               to be seconded or otherwise engaged to assist the Commission.
        (3)     A person seconded or engaged under subsection (1) or (2) is
                subject to the control and direction of the Commission and is
                not subject to the control and direction of any other employing
                authority.
10      (4)     The Commission may by arrangement make use of the facilities
                of a department of the Public Service or a State agency.
        (5)     The Commission may by arrangement make use of the facilities
                of a body or authority of another State, a Territory or the
                Commonwealth.
15      (6)     An arrangement under subsection (1) or (4) (other than an
                arrangement in relation to staff or facilities of the Police Force)
                is to be made with the relevant employing authority on terms
                agreed by the parties.
        (7)     An arrangement under subsection (1) or (4) in relation to staff or
20              facilities of the Police Force is to be made with the
                Commissioner of Police on terms agreed by the parties.
        (8)     An arrangement under subsection (2) or (5) is to be made with
                the relevant body or authority on terms agreed by the parties.

     182.       Engagement of service providers
25      (1)     The Commission may engage suitably qualified persons to
                provide the Commission with services, information or advice.
        (2)     A person engaged under subsection (1) is engaged on the terms
                and conditions decided by the Commission.




     page 116
                                   Corruption and Crime Commission Bill 2003
                                                 Administration     Part 12
                                                          Staff  Division 1
                                                                      s. 183



     183.    Oath or affirmation
       (1)   Before commencing duties as an officer of the Commission, the
             officer must take an oath or affirmation that, except in
             accordance with this Act, the officer will not disclose any
5            information received by the officer under this Act.
       (2)   The oath or affirmation is to be administered by the
             Commissioner.

     184.    Authorised officers
       (1)   In this section --
10           "authorised officer" means --
               (a) the Commissioner; and
               (b) an officer of the Commission appointed under
                      subsection (2).
       (2)   The Commission may appoint an officer of the Commission as
15           an authorised officer.
       (3)   An authorised officer has and may perform all of the functions
             that a special constable appointed under section 35A of the
             Police Act 1892 has and may perform under any law of the
             State.
20     (4)   An authorised officer has and may perform the functions
             referred to in subsection (3) only when acting in his or her
             capacity as an officer of the Commission.
       (5)   Section 8(1)(d)(i) of the Firearms Act 1973 applies to an
             authorised officer when acting in his or her capacity as an
25           officer of the Commission as if the authorised officer were a
             member of the Police Force.
       (6)   This section does not operate to subject an authorised officer to
             the control and direction of the Commissioner of Police or any
             other police officer when the authorised officer is acting in his
30           or her capacity as an officer of the Commission.


                                                                      page 117
     Corruption and Crime Commission Bill 2003
     Part 12        Administration
     Division 1     Staff
     s. 185



     185.       Delegation
        (1)     Subject to subsection (2), the Commission may delegate to an
                officer of the Commission any power or duty of the
                Commission under another provision of this Act.
5       (2)     The Commission cannot delegate the following powers and
                duties --
                  (a) the power to initiate a proposition under section 26;
                  (b) the power to conduct examinations on oath;
                  (c) the power to summons a person to attend and produce
10                     things;
                  (d) the power to issue a warrant for the apprehension of a
                       person under section 148;
                  (e) the power to make a direction as to publication under
                       section 151;
15                 (f) the power to require production of a statement of
                       information under section 94;
                  (g) the power to make an exceptional powers finding under
                       section 46;
                  (h) the power to approve an assumed identity under
20                     section 103;
                   (i) the duty to review assumed identity approvals under
                       section 118;
                   (j) the power to authorise the conduct of a controlled
                       operation under section 121;
25                (k) the power to authorise an integrity testing programme
                       under section 123;
                   (l) the power to issue a fortification warning notice under
                       section 68;
                 (m) the power to certify an alleged contempt;
30                (n) the power to make recommendations;
                  (o) the duty of making a report under this Act;


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                                                Administration     Part 12
                                           Financial provisions Division 2
                                                                     s. 186



              (p)   the powers of the Commission under the Surveillance
                    Devices Act 1998.
       (3)   The delegation must be in writing executed by the Commission.
       (4)   A person to whom a power or duty is delegated under this
5            section cannot delegate that power or duty.
       (5)   A person exercising or performing a power or duty that has been
             delegated to the person under this section is to be taken to do so
             in accordance with the terms of the delegation unless the
             contrary is shown.
10     (6)   Nothing in this section limits the ability of the Commission to
             perform a function through an officer or agent.

                     Division 2 -- Financial provisions
     186.    Funds of Commission
       (1)   The funds available for the purpose of enabling the Commission
15           to perform its functions consist of --
               (a) moneys from time to time appropriated by Parliament
                     and paid to the Commission; and
               (b) any moneys, other than moneys referred to in
                     paragraph (a), lawfully received by, made available to or
20                   payable to the Commission.
       (2)   The funds referred to in subsection (1) are to be credited to an
             account called the "Corruption and Crime Commission Fund"
             held as part of the Trust Fund constituted under section 9 of the
             Financial Administration and Audit Act 1985.
25     (3)   The funds recorded as standing to the credit of the Fund are to
             be applied to --
               (a) the remuneration and allowances payable to officers of
                     the Commission;
               (b) moneys payable under an arrangement referred to in
30                   section 181;


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     Division 2     Financial provisions
     s. 187



                  (c)   expenditure incurred by the Commission in the
                        performance of its functions; and
                 (d)    all expenditure, other than expenditure referred to in
                        paragraphs (a), (b) and (c), lawfully incurred by the
5                       Commission for the purposes of, or in meeting the costs
                        and expenses of the administration of, this Act.

     187.       Application of Financial Administration and Audit Act 1985
                Subject to section 186, the provisions of the Financial
                Administration and Audit Act 1985 regulating the financial
10              administration, audit and reporting of statutory authorities apply
                to and in respect of the Commission and its operations.




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                                                        Commission
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                                                        Commission
                                                                        s. 188


     Part 13 -- Parliamentary Inspector of the Corruption
                   and Crime Commission
            Division 1 -- Office of Parliamentary Inspector of the
                     Corruption and Crime Commission
5    188.     Parliamentary Inspector of the Corruption and Crime
              Commission
       (1)    An office called the Parliamentary Inspector of the Corruption
              and Crime Commission is established.
       (2)    The office is not an office in the Public Service.
10     (3)    The office is not, and is not to become, an SES organisation
              under the Public Sector Management Act 1994.

     189.     Appointment of Parliamentary Inspector
       (1)    The Parliamentary Inspector is to be appointed by the Governor,
              by commission under the Public Seal of the State.
15     (2)    Before an appointment is made under subsection (1) the Premier
              is to consult with the Parliamentary leader of each party in the
              Parliament.
       (3)    The Parliamentary Inspector is to hold office in accordance with
              this Act.

20   190.     Qualifications for appointment
       (1)    In subsection (2) --
              "legal experience" means --
                (a) standing and practice in the State as a legal practitioner;
                (b) standing and practice in another State or a Territory as a
25                    barrister or solictor of the Supreme Court of that State or
                      Territory;



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                    Commission
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                    Commission
     s. 191

                 (c)   judicial service (including service as a judge of a court,
                       a magistrate or other judicial officer) in the State or
                       elsewhere in a common law jurisdiction; or
                 (d)   a combination of 2 or more kinds of legal experience
5                      defined in this section.
        (2)     A person is eligible for appointment as Parliamentary Inspector
                if that person --
                   (a) is or has been a legal practitioner and has had not less
                         than 8 years legal experience; or
10                 (b) is a practising barrister of the High Court of Australia
                         and has had not less than 8 years legal experience.

     191.       Terms and conditions of service
                Schedule 3 has effect with respect to the tenure, remuneration
                and conditions of service of the Parliamentary Inspector and the
15              other matters provided for in that Schedule.

     192.       Removal or suspension of Parliamentary Inspector
        (1)     The Parliamentary Inspector may, at any time, be suspended or
                removed from office by the Governor on addresses from both
                Houses of Parliament.
20      (2)     If the Governor is satisfied that the Parliamentary Inspector --
                  (a) is incapable of properly performing the duties of office;
                  (b) has shown himself or herself incompetent properly to
                        perform, or has neglected, those duties; or
                  (c) has been guilty of misconduct,
25              the Governor may suspend the Parliamentary Inspector from
                office.




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                                                        Commission
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                                                        Commission
                                                                        s. 193

       (3)   If the Parliamentary Inspector has been suspended from office
             under subsection (2) the Parliamentary Inspector is to be
             restored to office unless --
               (a) a statement of the grounds of the suspension is laid
5                    before each House of Parliament during the first
                     7 sitting days of that House following the suspension;
                     and
               (b) each House of Parliament, during the session in which
                     the statement is so laid, and within 30 sitting days of that
10                   statement being so laid, passes an address praying for
                     the removal of the Parliamentary Inspector from office.

     193.    Acting appointment
       (1)   The Governor may appoint a person who is eligible for
             appointment as Parliamentary Inspector to act in the office of
15           Parliamentary Inspector --
               (a) during a vacancy in that office;
               (b) during any period or during all periods when the person
                    holding the office of Parliamentary Inspector, or a
                    person appointed under this subsection, is unable to
20                  perform the functions of that office or is absent from the
                    State; or
               (c) in relation to any matter in respect of which the person
                    holding the office of Parliamentary Inspector, or a
                    person appointed under this subsection, has under
25                  section 195(3) declared himself or herself unable to act.
       (2)   An appointment under this section --
              (a) may be made at any time and may be terminated at any
                   time by the Governor; and
              (b) may be expressed to have effect only in the
30                 circumstances specified in the instrument of
                   appointment.



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                    Commission
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                    Commission
     s. 194

        (3)     Subject to this Act, the terms and conditions of appointment,
                including remuneration and other entitlements, of a person
                acting under this section are to be as determined from time to
                time by the Governor.
5       (4)     A person acting under this section for the reason mentioned in
                subsection (1)(c) may perform functions of the Parliamentary
                Inspector in relation to the matter for which he or she is
                appointed even though the Parliamentary Inspector is at the
                same time performing other functions of the office.
10      (5)     If a person is acting under this section for the reason mentioned
                in subsection (1)(c), a reference to the Parliamentary Inspector
                in a provision of this Act that is relevant to the performance by
                that person of a function of the Parliamentary Inspector in
                relation to the matter for which that person is appointed includes
15              a reference to that person.
        (6)     The validity of anything done by or in relation to a person
                purporting to act under this section is not to be called into
                question on the ground that --
                  (a) the occasion for an appointment under this section had
20                     not arisen;
                 (b) there is a defect or irregularity in the appointment;
                  (c) the appointment had ceased to have effect; or
                 (d) the occasion for the person to act had not arisen or had
                       ceased.

25   194.       Oath or affirmation of office
        (1)     Before beginning to perform the functions of the office of
                Parliamentary Inspector a person is to take an oath or make an
                affirmation that he or she --
                  (a) will faithfully and impartially perform the functions of
30                      the office; and
                  (b) will not, except in accordance with this Act, disclose
                        any information received under this Act.

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                                                       Commission
                          Functions of the Parliamentary Inspector Division 2
                                                                       s. 195


       (2)     The oath or affirmation is to be administered by a Judge.

            Division 2 -- Functions of the Parliamentary Inspector
     195.      Functions
       (1)     The Parliamentary Inspector has the following functions --
5               (a) to audit the operations of the Commission for the
                      purpose of monitoring compliance with the laws of the
                      State;
                (b) to deal with matters of misconduct on the part of the
                      Commission, officers of the Commission and officers of
10                    the Parliamentary Inspector;
                (c) to assess the effectiveness and appropriateness of the
                      Commission's procedures;
                (d) to make recommendations to the Commission,
                      independent agencies and appropriate authorities;
15              (e) to report and make recommendations to Parliament and
                      Standing Committees;
                 (f) to perform any other function given to the Parliamentary
                      Inspector under this or another Act.
       (2)     The functions of the Parliamentary Inspector may be
20             performed --
                 (a) on the Parliamentary Inspector's own initiative;
                 (b) at the request of the Minister;
                 (c) in response to a matter reported to the Parliamentary
                      Inspector; or
25              (d) in response to a reference by Parliament, a Standing
                      Committee or the Commission.
       (3)     The Parliamentary Inspector may declare himself or herself
               unable to act in respect of a particular matter by reason of an
               actual or potential conflict of interest.



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                    Commission
     Division 2     Functions of the Parliamentary Inspector
     s. 196


        (4)     The Commission is not to exercise any of its powers in relation
                to the Parliamentary Inspector.

     196.       Powers
        (1)     In this section --
5               "officers" means --
                     (a) officers of the Commission; or
                     (b) officers of the Parliamentary Inspector.
        (2)     The Parliamentary Inspector has power to do all things
                necessary or convenient for the performance of the
10              Parliamentary Inspector's functions.
        (3)     Without limiting subsection (2), the Parliamentary Inspector --
                 (a) may investigate any aspect of the Commission's
                      operations or any conduct of officers;
                 (b) is entitled to full access to the records of the
15                    Commission and to take or have copies made of any of
                      them;
                 (c) may require officers to supply information or produce
                      documents or other things about any matter, or any class
                      or kind of matters, relating to the Commission's
20                    operations or the conduct of officers;
                 (d) may require officers to attend before the Parliamentary
                      Inspector to answer questions or produce documents or
                      other things relating to the Commission's operations or
                      the conduct of officers;
25               (e) may consult, cooperate and exchange information with
                      independent agencies, appropriate authorities and --
                          (i) the Commissioner of the Australian Federal
                               Police;
                         (ii) the Commissioner of a Police Force of another
30                             State or Territory;



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                                                     Commission
                        Functions of the Parliamentary Inspector Division 2
                                                                     s. 197


                     (iii)   the CEO of the Australian Crime Commission
                             established by the Australian Crime Commission
                             Act 2002 of the Commonwealth;
                      (iv) the Commissioner of Taxation holding office
5                            under the Taxation Administration Act 1953 of
                             the Commonwealth;
                       (v) the Director-General of Security holding office
                             under the Australian Security Intelligence
                             Organisation Act 1979 of the Commonwealth;
10                    (vi) the Director of the Australian Transaction
                             Reports and Analysis Centre under the Financial
                             Transaction Reports Act 1988 of the
                             Commonwealth;
                     (vii) any person, or authority or body of this State, the
15                           Commonwealth, another State or a Territory that
                             is declared by the Minister to be a person,
                             authority or body to which this paragraph
                             applies;
               (f)   may refer matters relating to the Commission or officers
20                   to other agencies for consideration or action; and
              (g)    may recommend that consideration be given to
                     disciplinary action against, or criminal prosecution of,
                     officers.

     197.    Inquiries
25     (1)   For the purpose of the Parliamentary Inspector's functions, the
             Parliamentary Inspector may make or hold an inquiry.
       (2)   For the purposes of an inquiry under this section --
              (a) the Parliamentary Inspector has the powers, protections
                     and immunities of a Royal Commission and the
30                   Chairman of a Royal Commission under the Royal
                     Commissions Act 1968; and
              (b) the Royal Commissions Act 1968 applies to any person
                     summoned by or appearing before the Parliamentary

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                    Commission
     Division 3     Reporting
     s. 198


                       Inspector in the same way as it applies to a person
                       summoned by or appearing before a Commissioner
                       under that Act.
        (3)     Sections 7, 9 to 17, 18(2) to (11), 19(1), 19A to 22, 31(3), 32
5               and 33 of the Royal Commissions Act 1968 have effect as if they
                were enacted in this Act with such modifications as are required
                and in terms made applicable to an inquiry under this section.
        (4)     An inquiry held by the Parliamentary Inspector must not be
                open to the public.
10      (5)     Despite subsections (2) and (3), a public authority or public
                officer who is required under this section to answer questions,
                give evidence, produce records, things or information or make
                facilities available is not entitled to claim legal professional
                privilege as a reason for not complying with that requirement.

15   198.       Parliamentary Inspector not to interfere with Commission's
                operations
                The Parliamentary Inspector is not to interfere with, obstruct,
                hinder or delay any lawful operation of the Commission.

                              Division 3 -- Reporting
20   199.       Report to Parliament
        (1)     The Parliamentary Inspector may at any time prepare a report as
                to any of the following matters --
                  (a) any matters affecting the Commission, including the
                        operational effectiveness and requirements of the
25                      Commission;
                  (b) any administrative or general policy matter relating to
                        the functions of the Parliamentary Inspector.
        (2)     The Parliamentary Inspector may cause a report prepared under
                this section to be laid before each House of Parliament or dealt
30              with under section 206.



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                                                     Commission
                                                       Reporting Division 3
                                                                     s. 200


     200.    Contents of report
             Before reporting any matters adverse to a person or body in a
             report under section 199, the Parliamentary Inspector must give
             the person or body a reasonable opportunity to make
5            representations to the Parliamentary Inspector concerning those
             matters.

     201.    Report to a Standing Committee
             A report of the kind mentioned in section 199 may be made by
             the Parliamentary Inspector to a Standing Committee instead of
10           being laid before each House of Parliament or dealt with under
             section 206 if, for any reason, the Parliamentary Inspector
             considers it appropriate to do so.

     202.    Disclosure of matters in report
       (1)   If a report under section 199 is laid before either House of
15           Parliament, a matter included in that report may be disclosed
             despite sections 151 and 207.
       (2)   Subsection (1) does not apply if a presiding officer of a House
             of Parliament withholds the report, or that matter, from the
             public.
20     (3)   If, following the making by the Parliamentary Inspector of a
             report under section 199 to a Standing Committee, the Standing
             Committee approves the disclosure of a matter included in the
             report, that matter may be disclosed despite sections 151 and
             207.

25   203.    Annual report to Parliament
       (1)   The Parliamentary Inspector is to prepare, within 3 months after
             30 June of each year, a report as to his or her general activities
             during that year.
       (2)   The Parliamentary Inspector is to cause a copy of a report
30           prepared under this section to be laid before each House of


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     Corruption and Crime Commission Bill 2003
     Part 13        Parliamentary Inspector of the Corruption and Crime
                    Commission
     Division 3     Reporting
     s. 204


                Parliament, or dealt with under section 206, within 21 days of
                the preparation of the report.
        (3)     This section does not limit Part II Division 14 of the Financial
                Administration and Audit Act 1985 and the report required
5               under this section may be prepared and dealt with in
                conjunction with the report required under that Division.

     204.       Periodical report to Parliament
        (1)     Rules of Parliament may require the Parliamentary Inspector to
                report to each House of Parliament or a Standing Committee, as
10              and when prescribed in the Rules, as to the general activities of
                the Parliamentary Inspector.
        (2)     The Rules of Parliament referred to in this section are rules that
                have been agreed upon by each House of Parliament in
                accordance with the Rules and Orders of those Houses.
15      (3)     Rules of Parliament made under this section must be published
                in the Gazette.
        (4)     Section 42 of the Interpretation Act 1984 does not apply to
                Rules of Parliament made under this section.

     205.       Reports not to include certain information
20              Without limiting section 208, a report by the Parliamentary
                Inspector under this Division must not include --
                  (a) information that may reveal the identity of a person who
                       has been, is, or is reasonably likely to be investigated by
                       the Commission or has been, is, or is likely to be a
25                     witness at an examination or a person who makes an
                       allegation to or provides information to, the
                       Commission;
                  (b) information that may indicate that a particular
                       investigation has been, is, or is reasonably likely to be,
30                     undertaken by the Commission;



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                                                     Commission
                                                       Reporting Division 3
                                                                     s. 206


               (c)   information that may reveal the identity of a person who
                     has been, is, or is reasonably likely to be investigated by
                     the Police Force or has been, is, or is reasonably likely
                     to be a person who makes an allegation to, or an
5                    informant of, the Police Force; or
              (d)    information that may indicate that a particular
                     investigation has been, is, or is reasonably likely to be,
                     undertaken by the Police Force.

     206.    Laying documents before House of Parliament that is not
10           sitting
       (1)   If a copy of a report of the kind mentioned in section 199 may
             be laid before each House of Parliament and a House of
             Parliament is not sitting, the Parliamentary Inspector may
             transmit a copy of the report to the Clerk of that House.
15     (2)   If section 203 requires the Parliamentary Inspector to cause a
             copy of a report to be laid before each House of Parliament, or
             dealt with under this section, within a period and --
               (a) at the commencement of the period, a House of
                      Parliament is not sitting; and
20             (b) the Parliamentary Inspector is of the opinion that the
                      House will not sit during that period,
             the Parliamentary Inspector is to transmit a copy of the report to
             the Clerk of that House.
       (3)   A copy of a report transmitted to the Clerk of a House is to be
25           regarded as having been laid before that House.
       (4)   The laying of a copy of the text of a document that is regarded
             as having occurred under subsection (3) is to be recorded in the
             Minutes, or Votes and Proceedings, of the House on the first
             sitting day of the House after the Clerk received the copy.




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     Part 13        Parliamentary Inspector of the Corruption and Crime
                    Commission
     Division 4     Disclosure
     s. 207


                              Division 4 -- Disclosure
     207.       Restriction on disclosure generally
                Section 151 applies to any matters relating to the Parliamentary
                Inspector as if a reference in that section to the Commission
5               were a reference to the Parliamentary Inspector.

     208.       Disclosure by Parliamentary Inspector or officer
        (1)     In this section --
                "court" includes a tribunal, authority or person having power to
                     require the production of documents or the answering of
10                   questions;
                "official information", in relation to a relevant person, means
                     information acquired by the person by reason of, or in the
                     course of, the performance of the person's functions under
                     this Act;
15              "produce" includes permit access to;
                "relevant person" means a person who is or was --
                     (a) the Parliamentary Inspector; or
                     (b) an officer of the Parliamentary Inspector.
        (2)     Subject to subsections (3), (4) and (6) a relevant person must
20              not, either directly or indirectly --
                  (a) make a record of official information; or
                  (b) disclose any official information.
                Penalty: Imprisonment for 3 years and a fine of $60 000.
        (3)     Despite subsection (2), a relevant person may make a record of
25              official information --
                  (a) under or for the purposes of this Act;
                  (b) otherwise in connection with the performance of the
                         person's functions under this Act.




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                                                   Commission
                                                     Disclosure Division 4
                                                                    s. 208


     (4)   Despite subsection (2), official information may be disclosed by
           a relevant person if it is disclosed --
             (a) under or for the purposes of this Act;
             (b) for the purposes of a prosecution or disciplinary action
5                  instituted as a result of an investigation conducted by the
                   Commission or the Parliamentary Inspector under this
                   Act or any other prosecution or disciplinary action in
                   relation to misconduct;
             (c) to either House of Parliament or to a Standing
10                 Committee;
             (d) to any prescribed authority or person; or
             (e) otherwise in connection with the performance of the
                   person's functions under this Act.
     (5)   A relevant person is not authorised to disclose operational
15         information under subsection (4)(c) or (d) unless --
             (a) that operational information arises from a matter relating
                  to misconduct reported, notified or referred to the
                  Parliamentary Inspector; and
             (b) the Parliamentary Inspector has certified that disclosure
20                is necessary in the public interest.
     (6)   Despite subsection (2), a relevant person may disclose --
            (a) the fact that an allegation has been received or initiated
                  by the Commission or the details of an allegation; or
            (b) the fact that a matter relating to misconduct has been
25                reported, notified or referred to the Parliamentary
                  Inspector or the details of the matter.
     (7)   A relevant person cannot be required to produce or disclose any
           official information in or to any court except for the purposes of
           a prosecution or disciplinary action instituted as a result of an
30         investigation conducted by the Commission or the
           Parliamentary Inspector under this Act.



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                    Commission
     Division 4     Disclosure
     s. 209


     209.       Disclosure by other officials
        (1)     In this section --
                "court" includes a tribunal, authority or person having power to
                    require the production of documents or the answering of
5                   questions;
                "produce" includes permit access to.
        (2)     This section applies to information if, in circumstances referred
                to in section 208(4), it is disclosed to an authority or person for
                use in connection with the performance of a function of the
10              authority or person under a written law.
        (3)     The authority or person, or any person or employee under the
                control of the authority or person --
                  (a) must not, either directly or indirectly --
                           (i) make a record of information to which this
15                              section applies; or
                          (ii) disclose any information to which this section
                                applies,
                        except for the purpose for which it was disclosed to the
                        authority or person; and
20                (b) cannot be required to produce or disclose the
                        information in or to any court except for the purposes of
                        a prosecution or disciplinary action instituted as a result
                        of an investigation conducted by the Commission or the
                        Parliamentary Inspector under this Act.
25              Penalty, for a contravention of paragraph (a): Imprisonment for
                     3 years and a fine of $60 000.
        (4)     Subsection (2) does not prevent the disclosure of --
                 (a) the fact that an allegation has been received or initiated
                       by the Commission or the details of an allegation; or
30               (b) the fact that a matter relating to misconduct has been
                       reported, notified or referred to the Parliamentary
                       Inspector or the details of the matter.

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                                                     Commission
                                                            Staff Division 5
                                                                      s. 210


                               Division 5 -- Staff
     210.    Staff of the Parliamentary Inspector
       (1)   The Parliamentary Inspector may appoint members of staff.
       (2)   A member of staff is not to be appointed for a term exceeding
5            5 years and is eligible for reappointment.
       (3)   The staff are not to be employed under Part 3 of the Public
             Sector Management Act 1994.
       (4)   The power conferred by subsection (1) includes powers to
             determine remuneration and other terms and conditions of
10           service of staff, to remove, suspend and discipline staff and to
             terminate the employment of staff.
       (5)   The remuneration of and other terms and conditions of
             employment of staff are not to be less favourable than is
             provided for in --
15             (a) an applicable award, order or agreement under the
                    Industrial Relations Act 1979; or
               (b) the Minimum Conditions of Employment Act 1993.

     211.    Service as public service officer
       (1)   If a public service officer is appointed to the staff of the
20           Parliamentary Inspector under section 210, that person is
             entitled to retain all his or her accruing and existing rights,
             including any rights under the Superannuation and Family
             Benefits Act 1938, as if service as an officer of the
             Parliamentary Inspector were a continuation of service as a
25           public service officer.
       (2)   If a person ceases to be an officer of the Parliamentary Inspector
             and becomes a public service officer the service as an officer of
             the Parliamentary Inspector is to be regarded as service in the
             Public Service for the purpose of determining that person's
30           rights as a public service officer and, if applicable, for the
             purposes of the Superannuation and Family Benefits Act 1938.


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     Corruption and Crime Commission Bill 2003
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                    Commission
     Division 5     Staff
     s. 212


        (3)     If --
                  (a)   an officer of the Parliamentary Inspector was
                        immediately before his or her appointment under
                        section 210 a permanent officer under Part 3 of the
5                       Public Sector Management Act 1994; and
                 (b)    that person ceases to be an officer of the Parliamentary
                        Inspector for a reason other than dismissal for
                        substandard performance, breach of discipline or
                        misconduct,
10              that person is entitled to be appointed to an office under Part 3
                of the Public Sector Management Act 1994 of at least the
                equivalent level of classification as the office that person
                occupied immediately prior to appointment under section 210.

     212.       Secondment of staff and use of facilities
15      (1)     The Parliamentary Inspector may arrange for any officer or
                employee --
                 (a) in the Public Service;
                 (b) in a State agency; or
                 (c) otherwise in the service of the State,
20              to be seconded or otherwise engaged to assist the Parliamentary
                Inspector.
        (2)     The Parliamentary Inspector may arrange for --
                 (a)    a member of the Australian Federal Police Force;
                 (b)    a member of the Police Force of another State or
25                      Territory; or
                  (c)   a member of the Police Force of another country,
                to be seconded or otherwise engaged to assist the Parliamentary
                Inspector.
        (3)     A person seconded or engaged under subsection (1) or (2) is
30              subject to the control and direction of the Parliamentary


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                                                     Commission
                                                            Staff Division 5
                                                                      s. 213


             Inspector and is not subject to the control and direction of any
             other employing authority.
       (4)   The Parliamentary Inspector may by arrangement make use of
             the facilities of a department of the Public Service or a State
5            agency.
       (5)   An arrangement under subsection (1) or (4) (other than an
             arrangement in relation to staff or facilities of the Police Force)
             is to be made with the relevant employing authority on terms
             agreed by the parties.
10     (6)   An arrangement under subsection (1) or (4) in relation to staff or
             facilities of the Police Force is to be made with the
             Commissioner of Police on terms agreed by the parties.
       (7)   An arrangement under subsection (2) is to be made with the
             relevant authority on terms agreed by the parties.

15   213.    Engagement of service providers
       (1)   The Parliamentary Inspector may engage suitably qualified
             persons to provide the Parliamentary Inspector with services,
             information or advice.
       (2)   A person engaged under subsection (1) is engaged on the terms
20           and conditions decided by the Parliamentary Inspector.

     214.    Oath or affirmation
       (1)   Before commencing duties as an officer of the Parliamentary
             Inspector, the officer must take an oath or affirmation that,
             except in accordance with this Act, the officer will not disclose
25           any information received by the officer under this Act.
       (2)   The oath or affirmation is to be administered by the
             Parliamentary Inspector.




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                    Commission
     Division 6     Financial provisions
     s. 215


                        Division 6 -- Financial provisions
     215.       Funds of Parliamentary Inspector
        (1)     The funds available for the purpose of enabling the
                Parliamentary Inspector to perform his or her functions consist
5               of --
                  (a) moneys from time to time appropriated by Parliament
                       and paid to the Parliamentary Inspector; and
                  (b) any moneys, other than moneys referred to in
                       paragraph (a), lawfully received by, made available to or
10                     payable to the Parliamentary Inspector.
        (2)     The funds referred to in subsection (1) are to be credited to an
                account called the "Parliamentary Inspector of the Corruption
                and Crime Commission Fund" held as part of the Trust Fund
                constituted under section 9 of the Financial Administration and
15              Audit Act 1985.
        (3)     The funds recorded as standing to the credit of the Fund are to
                be applied to --
                  (a) the remuneration and allowances payable to officers of
                        the Parliamentary Inspector;
20                (b) moneys payable under an arrangement referred to in
                        section 212;
                  (c) expenditure incurred by the Parliamentary Inspector in
                        the performance of his or her functions; and
                  (d) all expenditure, other than expenditure referred to in
25                      paragraphs (a), (b) and (c), lawfully incurred by the
                        Parliamentary Inspector for the purposes of, or in
                        meeting the costs and expenses of the administration of,
                        this Part.

     216.       Application of Financial Administration and Audit Act 1985
30              Subject to section 215, the provisions of the Financial
                Administration and Audit Act 1985 regulating the financial


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                                        Commission
                                Financial provisions Division 6
                                                         s. 216


administration, audit and reporting of statutory authorities apply
to and in respect of the Parliamentary Inspector and his or her
operations.




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     s. 217



                           Part 14 -- Other matters
     217.       Facilitating proof of certain things
        (1)     In all legal proceedings the production of --
                  (a) a document purporting to be signed by the Governor and
5                        to be sealed with the Public Seal of the State and
                         purporting to appoint a person to be the Commissioner
                         or the Parliamentary Inspector; or
                  (b) a document purporting to be a copy of a document
                         described in paragraph (a) and certified in writing to be
10                       a true copy of it by a person purporting to be a person
                         named in the document as the Commissioner or the
                         Parliamentary Inspector,
                is evidence that the Governor has appointed any person
                described in that document as the Commissioner or the
15              Parliamentary Inspector, as the case requires.
        (2)     A transcript of proceedings before the Commission or the
                Parliamentary Inspector that has been certified by the
                Commission or the Parliamentary Inspector, as the case
                requires, to be a correct transcript is sufficient evidence of the
20              proceedings and any statement or disclosure made in those
                proceedings.
        (3)     In contempt proceedings under Part 10, a certificate of the
                Commission stating any fact relevant to those proceedings is
                sufficient evidence of the fact stated.

25   218.       Disclosure of interests
        (1)     A person who is an officer of the Commission and who has a
                material personal interest in a matter in respect of which the
                Commission is performing its functions must, as soon as
                possible after the relevant facts have come to the knowledge of
30              the person, disclose the nature of the interest to the
                Commission.
                Penalty: Imprisonment for 3 years and a fine of $60 000.

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                                                                           s. 219



       (2)   The Commission is to ensure that a person who has disclosed an
             interest in a matter under subsection (1) is not involved in
             considering, inquiring into or investigating that matter unless
             the Commission is satisfied that the involvement of the person
5            would not prejudice the consideration, inquiry or investigation
             of the matter.
       (3)   A person who is an officer of the Parliamentary Inspector and
             who has a material personal interest in a matter in respect of
             which the Parliamentary Inspector is performing his or her
10           functions must, as soon as possible after the relevant facts have
             come to the knowledge of the person, disclose the nature of the
             interest to the Parliamentary Inspector.
             Penalty: Imprisonment for 3 years and a fine of $60 000.
       (4)   The Parliamentary Inspector is to ensure that a person who has
15           disclosed an interest in a matter under subsection (3) is not
             involved in considering, inquiring into or investigating that
             matter unless the Parliamentary Inspector is satisfied that the
             involvement of the person would not prejudice the
             consideration, inquiry or investigation of the matter.

20   219.    Protection against liability
       (1)   In this section --
             "official" means --
                  (a) an officer of the Commission;
                  (b) a person acting under the direction of an officer of the
25                       Commission;
                  (c) an officer of the Parliamentary Inspector;
                  (d) a person acting under the direction of an officer of the
                         Parliamentary Inspector.
       (2)   An action in tort does not lie against the State, a Minister, the
30           Commission, the Parliamentary Inspector or an official for
             anything done, in good faith, in the performance or purported
             performance of a function under this Act or any other written
             law.

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     s. 220



        (3)     The protection given by subsection (2) applies even though the
                thing done as described in that subsection may have been
                capable of being done whether or not this Act or any other
                written law had been enacted.
5       (4)     In this section, a reference to the doing of anything includes a
                reference to an omission to do anything.

     220.       Protections as to allegations and information
        (1)     In this section --
                "allegation" includes any matter reported, notified or referred
10                   to the Parliamentary Inspector.
        (2)     If an allegation has been made to the Commission or the
                Parliamentary Inspector or any information has been given to
                the Commission or the Parliamentary Inspector no civil or
                criminal liability, other than liability under this Act, attaches to
15              a person by reason that the allegation was made or the
                information was given.
        (3)     If a Minister or an independent agency discloses, in good
                faith --
                  (a) the fact that the Commission has received or initiated an
20                      allegation or the details of an allegation; or
                  (b) the fact that the Parliamentary Inspector has received an
                        allegation or the details of an allegation received by the
                        Parliamentary Inspector,
                no civil or criminal liability attaches to the State, a Minister or
25              an independent agency by reason of that disclosure.
        (4)     If --
                  (a)   the principal officer of a notifying authority; or
                  (b)   the officer constituting a notifying authority,
                discloses, in good faith, the fact that the officer has made an
30              allegation to the Commission or the details of an allegation that
                the officer has made to the Commission, no civil or criminal

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                                                                            s. 221



             liability attaches to the State, a Minister, the notifying authority
             or the principal officer or officer by reason of that disclosure.

     221.    Protection for compliance with this Act
       (1)   No civil or criminal liability, other than liability under this Act,
5            attaches to a person for compliance, or purported compliance in
             good faith, with a requirement made under this Act.
       (2)   In particular, if a person produced a document or thing under a
             notice or summons under this Act, no civil liability attaches to
             the person for producing the document or thing, whether the
10           liability would arise under a contract or otherwise.

     222.    Proceedings for defamation not to lie
             No action or proceeding, civil or criminal, lies against the State,
             against a Minister, or against a person employed or engaged by
             the State, in respect of the printing or publishing of a transcript
15           of an examination or inquiry or a report of, or a
             recommendation made by, the Commission or the Parliamentary
             Inspector.

     223.    Privilege, protection or immunity not limited or abridged
             Sections 147 and 219 to 222 do not limit or abridge any
20           privilege, protection or immunity existing apart from those
             sections.

     224.    Records
       (1)   The Commission is to cause records to be kept of any
             investigation, including transcripts of all examinations before
25           the Commission.
       (2)   The Commission is to keep any records and other things of the
             Police Royal Commission, the A-CC or the Parliamentary
             Commissioner that are transferred to the Commission by that
             body or person or under this Act.



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     s. 225



        (3)     The Commission may make any order considered to be
                appropriate, in accordance with the State Records Act 2000, as
                to --
                  (a) who can have a copy of any of the records and on what
5                      conditions;
                  (b) how records are to be dealt with when an investigation is
                       complete.
        (4)     If, after the completion of an investigation, any question arises
                as to how any records should be dealt with, the question is to be
10              referred to the State Records Commission which may order that
                any record be dealt with as the State Records Commission
                considers appropriate in accordance with the State Records
                Act 2000.
        (5)     For the purposes of the State Records Act 2000 any records that
15              are transferred to the custody of the Director of State Records as
                State archives, are to be treated by the Director as restricted
                access archives unless the Attorney General requests otherwise.

     225.       Execution of documents by Commission
        (1)     The Commission is to have a common seal.
20      (2)     A document is duly executed by the Commission if --
                 (a)   the common seal of the Commission is affixed to it in
                       accordance with subsections (3) and (4); or
                 (b)   it is signed on behalf of the Commission by a person or
                       persons authorised to do so under subsection (5).
25      (3)     The common seal of the Commission is not to be affixed to any
                document except as authorised by the Commission.
        (4)     The common seal of the Commission is to be affixed to a
                document in the presence of the Commissioner, who is to sign
                the document to attest that the common seal was so affixed.




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                                                                             s. 226



       (5)   The Commission may, by writing under its common seal,
             authorise an officer of the Commission to sign documents on
             behalf of the Commission, either generally or subject to
             conditions or restrictions specified in the authorisation.
5      (6)   A document purporting to be executed in accordance with this
             section is to be presumed to be duly executed unless the
             contrary is shown.
       (7)   When a document is produced bearing a seal purporting to be
             the common seal of the Commission, it is to be presumed that
10           the seal is the common seal of the Commission unless the
             contrary is shown.

     226.    Review of Act
       (1)   The Minister is to carry out a review of the operation and
             effectiveness of this Act as soon as is practicable after the
15           expiration of 5 years after its commencement.
       (2)   The Minister is to prepare a report based on the review made
             under subsection (1) and cause the report to be laid before each
             House of Parliament within 6 years after the commencement of
             this Act.

20   227.    Regulations
             The Governor may make regulations prescribing all matters that
             are required or permitted by this Act to be prescribed, or are
             necessary or convenient to be prescribed for giving effect to the
             purposes of this Act.




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     Corruption and Crime Commission Bill 2003
     Part 15        Repeals, transitional and savings provisions, and
                    consequential amendments
     Division 1     General
     s. 228


     Part 15 -- Repeals, transitional and savings provisions,
                and consequential amendments
                               Division 1 -- General
     228.       Interpretation Act 1984 applies
5               The provisions of this Part do not affect the operation of the
                Interpretation Act 1984 to and in relation to --
                  (a) the repeals effected by sections 230 and 241; and
                  (b) any other aspect of the operation of this Act.

      Division 2 -- Criminal Investigation (Exceptional Powers) and
10                  Fortification Removal Act 2002
     229.       Meaning of terms used in this Division
                In this Division --
                "repealed Act" means the Criminal Investigation (Exceptional
                     Powers) and Fortification Removal Act 2002.

15   230.       Criminal Investigation (Exceptional Powers) and Fortification
                Removal Act 2002 repealed
                The Criminal Investigation (Exceptional Powers) and
                Fortification Removal Act 2002 is repealed.

     231.       Continuing protection of witnesses
20      (1)     An arrangement in force under section 27 of the repealed Act
                immediately before the repeal of that Act under section 230
                continues in force despite that repeal.
        (2)     After the commencement of this section --
                 (a) section 156 of this Act applies to an arrangement made
25                      under section 27 of the repealed Act and the
                        Commission may vary or revoke the arrangement; and



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                                                                             s. 232

                (b)    the Commission may make an arrangement in respect of
                       a person under section 156 of this Act that could have
                       been made under section 27 of the repealed Act,
                       irrespective of whether an arrangement was in force in
5                      respect of the person under the repealed Act.

             Division 3 -- Anti-Corruption Commission Act 1988

         Subdivision 1 -- Amendments to the Anti-Corruption Commission
                                 Act 1988

     232.      The Act amended
10             The amendments in this Subdivision are to the Anti-Corruption
               Commission Act 1988*.
               [* Reprinted as at 6 July 2001.]

     233.      Long title replaced
               The long title is repealed and the following long title is inserted
15             instead --
     "
            An Act to --
            •  provide for the way in which allegations received or
               initiated by the Anti-Corruption Commission before the
20             coming into operation of section 235 of the Corruption
               and Crime Commission Act 2003 are to be inquired into,
               investigated or otherwise dealt with; and
            •  for related purposes.
                                                                                 ".




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     s. 234

     234.         Section 3 amended
        (1)       Section 3(1) is amended as follows:
                   (a) by deleting the definition of "allegation" and inserting
                         the following definition instead --
5                 "
                            "allegations" means an allegation received or initiated
                                 by the Commission under this Act before the
                                 coming into operation of section 235 of the
                                 Corruption and Crime Commission Act 2003;
10                                                                                    ";
                      (b)    by deleting the definitions of "corrupt conduct",
                             "criminal conduct" and "criminal involvement".
        (2)       After section 3(2) the following subsection is inserted --
              "
15                (3)       For the purposes of this Act "corrupt conduct",
                            "criminal conduct" and "criminal involvement" have
                            the same meaning as they had before the coming into
                            operation of section 234 of the Corruption and Crime
                            Commission Act 2003 as if section 13 of this Act were
20                          not repealed.
                                                                                      ".

     235.         Section 12 amended
        (1)       Section 12(1)(a) is deleted.
        (2)       Section 12(2) is repealed.

25   236.         Part II Division 3 repealed
                  Part II Division 3 is repealed.

     237.         Section 17 amended
                  Section 17(2)(b) is amended by deleting ", in the case of an
                  allegation under section 13(1)(a), (b) or (c),".


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                                                                              s. 238

     238.     Section 19 amended
              Section 19 is amended by deleting "under section 13(1)(a), (b)
              or (c)".

     239.     Section 48A inserted
5             Before section 49 in Part V the following section is inserted --
     "
            48A.      Referral of allegations to the Corruption and Crime
                      Commission
              (1)     In this section --
10                    "CCC" has the meaning given to "Commission" by
                           section 3 of the Corruption and Crime
                           Commission Act 2003;
                      "record" includes --
                           (a) anything that is a document as defined in
15                               section 79B of the Evidence Act 1906;
                           (b) evidence in any form; and
                           (c) information and other things.
              (2)     The Commission may at any time refer an allegation to
                      the CCC.
20            (3)     The CCC may by notice in writing direct the
                      Commission to refer an allegation to the CCC.
              (4)     When an allegation is referred to the CCC under
                      subsection (2) or (3), the allegation is to be treated by
                      the CCC as if it were an allegation made under the
25                    Corruption and Crime Commission Act 2003 and that
                      Act applies to and in relation to that reference
                      accordingly.




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     s. 239

                (5)   The Commission must not take any further action in
                      relation to an allegation that is referred to the CCC
                      under subsection (2) or (3) except by arrangement with
                      the CCC.
5               (6)   When the CCC receives an allegation referred under
                      subsection (2) or (3) --
                        (a) any record of the Commission for the purposes
                              of or in relation to the allegation is to be
                              transferred to the CCC, becomes a record of the
10                            CCC and may be dealt with accordingly;
                        (b) any notice or request issued under this Act in
                              relation to the allegation is taken to be a notice
                              or request validly issued under the Corruption
                              and Crime Commission Act 2003 and continues
15                            in force with necessary changes;
                        (c) anything done under this Act in relation to the
                              allegation may be continued by the CCC so far
                              as the doing of that thing is within the functions
                              of the CCC; and
20                      (d) any warrant issued under section 13, 14 or 17
                              of the Surveillance Devices Act 1998, and any
                              emergency authorisation issued under
                              section 21 of that Act, in relation to the
                              investigation of that allegation continues in
25                            force, subject to any condition or limitation on
                              its issue and with necessary changes, as if it
                              were issued to an officer of the CCC.
                (7)   The CCC --
                       (a) is entitled to full access to the records of the
30                          Anti-Corruption Commission and to take or
                            have copies made of any of them; and
                       (b) may by notice in writing direct the Commission
                            or an officer of the Commission to disclose
                            information or produce records or other things

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                                                                           s. 240

                           about any allegation or other matter, or any
                           class or kind of allegation or other matter,
                           relating to the Commission's functions to the
                           CCC.
5           (8)     The Commission and any officer of the Commission
                    must comply with a direction given to it, him or her
                    under subsection (3) or (7)(b).
                                                                                ".

     Subdivision 2 -- Repeal of the Anti-Corruption Commission Act 1988
10                 and transitional and savings provisions

     240.   Meaning of terms used in this Division
            In this Division --
            "commencement" means the day on which section 241 comes
                into operation;
15          "A-CC Act" means the Anti-Corruption Commission Act 1988.

     241.   Anti-Corruption Commission Act 1988 repealed
            The Anti-Corruption Commission Act 1988 is repealed.

     242.   References to repealed Act and former titles
            In any written law or document, a reference to the A-CC Act
20          may, if the context permits, be taken as a reference to this Act.

     243.   Transfer of assets and liabilities to Commission
            On and after the commencement --
             (a) the assets and rights of the A-CC vest in the
                   Commission by force of this section;
25           (b) the liabilities of the A-CC become, by force of this
                   section, the liabilities of the Commission;
             (c) any agreement or instrument relating to the assets, rights
                   and liabilities referred to in paragraphs (a) and (b) has


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     s. 244

                        effect, by force of this section, as if the Commission
                        were substituted for the A-CC in the agreement or
                        instrument;
                 (d)    the Commission is a party to any proceedings by or
5                       against the A-CC commenced before the
                        commencement;
                 (e)    any proceeding or remedy that might have been
                        commenced by or available against or to the A-CC in
                        relation to the assets, rights and liabilities referred to in
10                      paragraphs (a) and (b), may be commenced by or is
                        available, by or against or to the Commission;
                  (f)   any act, matter or thing done or omitted to be done in
                        relation to the assets, rights and liabilities referred to in
                        paragraphs (a) and (b) before the commencement by, to
15                      or in respect of the A-CC (to the extent that that act,
                        matter or thing has any force or effect) is to be taken to
                        have been done or omitted by, to or in respect of the
                        Commission.

     244.       Notices and requests
20              A notice or request issued under the A-CC Act and in force
                immediately before the commencement is taken to be a notice
                or request validly issued under this Act and continues in force,
                with necessary changes.

     245.       Proceedings
25              A proceeding that could have been started or continued by, or
                against the A-CC may be started or continued by, or against the
                Commission.

     246.       Continuation of allegations
        (1)     This section applies if an allegation made to the A-CC under the
30              A-CC Act before the commencement has not been finally dealt
                with under that Act on the commencement.


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                                                                           s. 247

       (2)   The allegation must be dealt with as if it had been made under
             this Act.
       (3)   If the allegation was made by a person under section 13(1)(a),
             (b) or (c) of the A-CC Act, section 35 of this Act applies as if
5            the allegation were made under section 25 or 28(2), as the case
             requires, of this Act.

     247.    Offences
       (1)   Proceedings for an offence against the A-CC Act may be
             continued, or started, despite the A-CC Act having been
10           repealed and section 11 of The Criminal Code and for the
             purposes of section 10 of the Sentencing Act 1995, the statutory
             penalty for the offence immediately before the commencement
             continues to have effect.
       (2)   Despite section 241, sections 52 to 54 of the A-CC Act continue
15           to have effect, with any necessary modifications, as if they had
             not been repealed.

     248.    Completion of things done
             Anything commenced to be done by the A-CC under the A-CC
             Act before the commencement may be continued by the
20           Commission so far as the doing of that thing is within the
             functions of the Commission after the commencement.

     249.    Continuing effect of things done
             Any act, matter or thing done or omitted to be done before the
             commencement by, to or in respect of the A-CC, to the extent
25           that that act, matter or thing has any force is to be taken to have
             been done or omitted by, to or in respect of the Commission so
             far as the act, matter or thing is relevant to the Commission.

     250.    Warrants and emergency authorisations continued in force
       (1)   Any warrant issued under section 13, 14 or 17 of the
30           Surveillance Devices Act 1998 to an Anti-Corruption

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     s. 251

                Commission officer and in force immediately before the
                commencement continues in force, subject to any condition or
                limitation on its issue and with necessary changes, as if it were
                issued to an officer of the Commission.
5       (2)     Any emergency authorisation issued under section 21 of the
                Surveillance Devices Act 1998 to an Anti-Corruption
                Commission officer and in force immediately before the
                commencement continues in force, subject to any condition or
                limitation on its issue and with necessary changes, as if it were
10              issued to an officer of the Commission.

     251.       Transfer of records
        (1)     On the commencement all records in the possession of the
                A-CC immediately before the commencement are to be
                transferred to the possession of the Commission, become the
15              records of the Commission and may be dealt with accordingly.
        (2)     In this section --
                "records" includes --
                     (a) evidence in any form;
                     (b) information and other things.

20   252.       A-CC officers
        (1)     In this section --
                "A-CC officer" means a person who, immediately before
                     becoming an officer of the Commission within the meaning
                     of this Act, was an officer of the Commission as that term
25                   is defined in the A-CC Act.
        (2)     If, on or before the commencement, an A-CC officer becomes
                an officer of the Commission or an officer of the Parliamentary
                Inspector, that person is entitled to retain all his or her existing
                and accruing rights as an A-CC officer, including any rights
30              under the Superannuation and Family Benefits Act 1938 and
                any rights that had been retained under section 6(4) of the A-CC

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                                                                      s. 252

           Act, as if his or her service as an officer of the Commission or
           an officer of the Parliamentary Inspector were a continuation of
           his or her service as an A-CC officer.
     (3)   Despite the repeal of the A-CC Act under section 241,
5          section 6(6), (7), (8) and (9) of the A-CC Act continue to apply
           to and in relation to a person --
             (a) who was, immediately before the commencement, an
                   officer of the Commission as that term is defined in the
                   A-CC Act;
10           (b) who is a former public employee as that term is defined
                   in section 6(5) of the A-CC Act; and
             (c) who --
                      (i) on the commencement is not employed or
                           engaged as an officer of the Commission or an
15                         officer of the Parliamentary Inspector; or
                    (ii)   having become an officer of the Commission or
                           an officer of the Parliamentary Inspector,
                           subsequently ceases to be such an officer
                           otherwise than in circumstances described in
20                         section 6(7) of the A-CC Act.
     (4)   Nothing in this Act precludes the Commission from exercising
           its discretion to employ or engage as an officer of the
           Commission a person who before the commencement was --
              (a) an officer of the Commission;
25            (b) a seconded officer;
              (c) a service provider; or
             (d) a special investigator,
           as those terms are defined in the A-CC Act.




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     Corruption and Crime Commission Bill 2003
     Part 15        Repeals, transitional and savings provisions, and
                    consequential amendments
     Division 3     Anti-Corruption Commission Act 1988

     s. 253

     253.       Financial reporting
        (1)     In this section --
                "FAA Act" means the Financial Administration and Audit
                     Act 1985;
5               "final period" means the period starting at the beginning of
                     1 July last preceding the commencement;
                "reporting officer" means the person appointed under
                     section 65A(2) of the FAA Act as applied by
                     subsection (2).
10      (2)     Section 65A of the FAA Act applies in relation to the
                preparation and submission of a final report in respect of the
                A-CC as if --
                  (a) references in that section to a department were
                       references to the A-CC; and
15                (b) references in that section to provisions of sections 62 to
                       65 of the FAA Act were references to the equivalent
                       provisions of sections 66 to 70 of the FAA Act,
                except that the period to which the final report is to relate is the
                final period and the references in sections 66(1), 68 and 70(1) to
20              the end of the financial year are to be read as references to the
                end of the final period.
        (3)     If at the commencement, any duty imposed by Part II
                Division 14 of the FAA Act on the accountable authority of the
                A-CC has not been complied with in relation to the A-CC for
25              any financial year that expired before the commencement, that
                duty subsists and is to be performed by the reporting officer as
                if the reporting officer were the accountable authority.
        (4)     The time within which the reporting officer is to perform a duty
                referred to in subsection (3) is extended until the end of the day
30              that is 2 months after the day on which the reporting officer is
                appointed, but this subsection does not prevent the time from
                being extended again under section 70 of the FAA Act.


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                                   Corruption and Crime Commission Bill 2003
                Repeals, transitional and savings provisions, and    Part 15
                                      consequential amendments
                            Royal Commission (Police) Act 2002    Division 4
                                                                      s. 254


       (5)   The Commission is to give the reporting officer access to the
             records referred to in section 251 for the purposes of this
             section.

             Division 4 -- Royal Commission (Police) Act 2002
5    254.    Powers of Commission regarding matters related to Police
             Royal Commission
       (1)   The Commission may perform any of its functions under this
             Act in relation to anything done by, to or in relation to the
             Police Royal Commission.
10     (2)   Without limiting subsection (1) or any other power of the
             Commission, the Commission may continue any investigation
             or other matter commenced but not completed by the Police
             Royal Commission, and may for this purpose adopt any
             evidence taken or assessments made by the Police Royal
15           Commission.
       (3)   Accordingly, this Act has effect, for the purposes of this section,
             with any necessary adaptations and with such modifications as
             may be prescribed by the regulations.

     255.    Warrants and emergency authorisations continued in force
20     (1)   In this section --
             "commencement" means the commencement of this Division.
       (2)   Any warrant issued under section 13, 14 or 17 of the
             Surveillance Devices Act 1998 to an officer of the Police Royal
             Commission and in force immediately before the
25           commencement continues in force, subject to any condition or
             limitation on its issue and with necessary changes, as if it were
             issued to an officer of the Commission.
       (3)   Any emergency authorisation issued under section 21 of the
             Surveillance Devices Act 1998 to an officer of the Police Royal
30           Commission and in force immediately before the
             commencement continues in force, subject to any condition or

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     Corruption and Crime Commission Bill 2003
     Part 15        Repeals, transitional and savings provisions, and
                    consequential amendments
     Division 4     Royal Commission (Police) Act 2002
     s. 256


                limitation on its issue and with necessary changes, as if it were
                issued to an officer of the Commission.

     256.       Assumed identity approvals continue in force
                Any assumed identity approval granted under section 22 of the
5               Royal Commission (Police) Act 2002 and applying to an officer
                of the Police Royal Commission immediately before the end of
                the Police Royal Commission continues in force as if it were
                granted to an officer of the Commission under Part 6 Division 3
                and that Division applies to and in relation to the approval as if
10              the officer to whom it applies were an officer of the
                Commission.

     257.       Records
        (1)     In this section --
                "records" includes --
15                   (a) evidence in any form; and
                     (b) information and other things.
        (2)     At the end of the Police Royal Commission (as determined
                under section 3(2) of the Royal Commission (Police) Act 2002)
                all records in the possession of the Police Royal Commission
20              not transferred to the Commission under section 19(4) --
                  (a) are to be transferred to the Commission; and
                  (b) become records of the Commission and may be dealt
                        with accordingly.

     258.       Amendment to Royal Commission (Police) Act 2002
25      (1)     The amendments in this section are to the Royal Commission
                (Police) Act 2002.




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                                          Corruption and Crime Commission Bill 2003
                       Repeals, transitional and savings provisions, and    Part 15
                                             consequential amendments
                                 Parliamentary Commissioner Act 1971     Division 5
                                                                             s. 259


       (2)       Section 3(2) is repealed and the following subsection is inserted
                 instead --
             "
                 (2)     For the purposes of this Act the Commission is taken to
5                        have ended on a day fixed by order of the Governor
                         published in the Gazette.
                                                                                   ".

             Division 5 -- Parliamentary Commissioner Act 1971
     259.        Parliamentary Commissioner Act 1971 amended
10     (1)       The Parliamentary Commissioner Act 1971 is amended as set
                 out in Schedule 4 Division 1.
       (2)       The Parliamentary Commissioner Act 1971 is amended as set
                 out in Schedule 5 Division 1.

     260.        Parliamentary Commissioner must refer certain
15               investigations to Commission
       (1)       In this section --
                 "records" includes --
                     (c) evidence in any form; and
                     (d) information and other things.
20     (2)       On the commencement of this Division the Parliamentary
                 Commissioner must --
                  (a) cease any investigation referred to in section 14(1a) of
                        the Parliamentary Commissioner Act 1971;
                  (b) refer the investigation to the Commission; and
25                (c) transfer to the Commission any records in the possession
                        of the Parliamentary Commissioner immediately before
                        the commencement of this Division that relate to an
                        investigation referred to in section 14(1a) of the
                        Parliamentary Commissioner Act 1971.



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     Corruption and Crime Commission Bill 2003
     Part 15        Repeals, transitional and savings provisions, and
                    consequential amendments
     Division 6     Consequential amendments to other Acts
     s. 261


        (3)     Records transferred under subsection (1)(c) become the records
                of the Commission and may be dealt with accordingly.

            Division 6 -- Consequential amendments to other Acts
     261.       Other Acts amended
5       (1)     Schedule 4 Division 2 has effect.
        (2)     Schedule 5 Division 2 has effect.

                                Division 7 -- General
     262.       Further transitional provisions may be made
        (1)     In this section --
10              "commencement day" means the day on which this section
                    comes into operation;
                "specified" means specified or described in the regulations;
                "transitional matter" means a matter that needs to be dealt
                    with for the purpose of --
15                  (a) effecting the transition from the provisions of an Act
                          repealed by this Act to the provisions of this Act; or
                    (b) effecting the transition from the provisions of an Act
                          amended by this Act as in force before this Act
                          comes into operation to the provisions of that Act as
20                        in force after this Act comes into operation,
                and includes a saving or application matter.
        (2)     If there is no sufficient provision in this Part for dealing with a
                transitional matter, regulations under this Act may include any
                provision that is required, or that is necessary or convenient, for
25              dealing with the transitional matter.
        (3)     Regulations made under subsection (2) may provide that
                specified provisions of this Act or an Act amended by this
                Act --
                  (a) do not apply; or

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                                  Corruption and Crime Commission Bill 2003
               Repeals, transitional and savings provisions, and    Part 15
                                     consequential amendments
                                                        General  Division 7
                                                                     s. 262


            (b)    apply with specified modifications,
           to or in relation to any matter.
     (4)   If regulations made under subsection (2) provide that a specified
           state of affairs is to be taken to have existed, or not to have
5          existed, on and from a day that is earlier than the day on which
           the regulations are published in the Gazette but not earlier than
           the commencement day, the regulations have effect according to
           their terms.
     (5)   Regulations that contain a provision referred to in subsection (4)
10         cannot be made more than 12 months after the commencement
           day.
     (6)   If regulations contain a provision referred to in subsection (4),
           the provision does not operate so as to --
             (a) affect in a manner prejudicial to any person (other than
15                 the State or an authority of the State), the rights of that
                   person existing before the day of publication of those
                   regulations; or
             (b) impose liabilities on any person (other than the State or
                   an authority of the State) in respect of anything done or
20                 omitted to be done before the day of publication of those
                   regulations.




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     Corruption and Crime Commission Bill 2003



     Schedule 1        Offences that may be relevant for Part 4



          Schedule 1 -- Offences that may be relevant for Part 4
                                                                               [s. 3, 5]

     1.     An offence under any of the following enactments --

            The Criminal Code
5           s. 143
            s. 145
            s. 147
            s. 278
            s. 279
10          s. 283 (except if the circumstances of the attempted or intended killing
                     are such that, if it were carried out, the crime committed would
                     be infanticide)
            s. 292
            s. 293
15          s. 294
            s. 296
            s. 296A
            s. 298
            s. 332
20          s. 393 (except in circumstances in which the maximum penalty that can
                     be imposed is imprisonment for 14 years)
            s. 398 (in circumstances in which the maximum penalty that can be
                     imposed is imprisonment for 20 years)
            s. 451A(1)
25          s. 454
            s. 557
            s. 563A

            Criminal Property Confiscation Act 2000
            s. 50(1)




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                         Offences that may be relevant for Part 4     Schedule 1



    2.   An offence against regulations made under s. 6(1) of the Firearms
         Act 1973 that --
              (a)   is committed in respect of 2 or more firearms; or
              (b)   is committed in respect of a firearm and in association with
5                   the commission, by the same or any other person, of an
                    offence against s. 65(4aa) of the Police Act 1892.

    3.   An offence referred to in s. 32A(1)(b) of the Misuse of Drugs Act 1981.




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     Schedule 2         Terms and conditions of service of Commissioner



                Schedule 2 -- Terms and conditions of service
                             of Commissioner
                                                                                [s. 11]

     1.         Tenure of office
5               Subject to this Act, the Commissioner holds office for such period,
                not exceeding 4 years, as is specified in the instrument of
                appointment, and is eligible for reappointment.

     2.         Terms of appointment
          (1)   The Commissioner is to be appointed on a full-time basis.
10        (2)   The Commissioner must not, except in so far as authorised to do so by
                the Governor, hold any office of profit or trust (other than office as
                Commissioner) or engage in any occupation for reward outside the
                duties of the office of Commissioner.
          (3)   Section 52 of the Interpretation Act 1984 does not apply to the office
15              of Commissioner.

     3.         Remuneration, leave and entitlements
          (1)   The Commissioner is entitled to be paid remuneration and to receive
                allowances or reimbursements at the same rate as a Puisne Judge of
                the Supreme Court.
20        (2)   The Commissioner is entitled to the same conditions in respect of
                leave of absence as a Judge of the Supreme Court.
          (3)   The provisions of the Judges' Salaries and Pensions Act 1950 that
                relate to pensions apply, with such modifications as circumstances
                require, to and in relation to --
25                (a)   the Commissioner; and
                  (b)   after the Commissioner's death, the Commissioner's spouse
                        and children,
                as they apply to and in relation to a Judge of the Supreme Court
                appointed after the commencement of that Act and to and in relation
30              to the spouse and children of a Judge of the Supreme Court after that



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                   Terms and conditions of service of Commissioner          Schedule 2



                Judge's death, and for that purpose "Judge" in that Act include the
                Commissioner.
          (4)   Subclause (1) has effect subject to subclause (5) of this clause and
                clause 4.
5         (5)   If the Commissioner is receiving a non-contributory pension under the
                Judges' Salaries and Pensions Act 1950 or any other Act, or under a
                law of the Commonwealth or of another State or Territory, the
                Commissioner is to be paid the difference between that pension and
                the remuneration payable under subclause (1), in lieu of the full
10              amount of that remuneration.
          (6)   The remuneration payable to the holder of the office of Commissioner
                is to be charged to the Consolidated Fund which, to the necessary
                extent, is by this clause appropriated accordingly.

     4.         Provisions where Commissioner was Judge
15        (1)   If a person who, immediately before appointment to the office of
                Commissioner, was a Judge of the Supreme Court, is appointed as
                Commissioner, that person is to be paid the same remuneration and
                have the same other rights or privileges as if the person had continued
                to be the holder of that judicial office.
20        (2)   For the purposes of the Judges' Salaries and Pensions Act 1950, the
                service as Commissioner of a former judge is taken to be service as
                the holder of the same judicial office as the office that person held
                before appointment as Commissioner.
          (3)   The person's service as Commissioner is, for all purposes, taken to be
25              service as the holder of that judicial office.
          (4)   If the term of office of a former judge who was a Judge of the
                Supreme Court expires by effluxion of time and he or she is not
                reappointed as Commissioner, that person is entitled to be appointed
                as a Judge of the Supreme Court.
30        (5)   If the term of office of a former judge who was a Judge of the District
                Court expires by effluxion of time and he or she is not reappointed as
                Commissioner, that person is entitled to be appointed as a Judge of
                the District Court.



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     Schedule 2          Terms and conditions of service of Commissioner



          (6)   In this clause --
                "former Judge" means a person who, immediately before
                    appointment to the office of Commissioner, was a Judge of the
                    Supreme Court or the District Court.

5    5.         Provisions where Commissioner was public service officer
          (1)   If a public service officer is appointed as Commissioner, that person is
                entitled to retain all his or her accruing and existing rights, including
                any rights under the Superannuation and Family Benefits Act 1938, as
                if service as Commissioner were a continuation of service as a public
10              service officer.
          (2)   If a person ceases to be Commissioner and becomes a public service
                officer, the service as Commissioner is to be regarded as service in the
                Public Service for the purposes of determining that person's rights as
                a public service officer and, if applicable, for the purposes of the
15              Superannuation and Family Benefits Act 1938.
          (3)   If --
                   (a)   the Commissioner immediately before his or her appointment
                         as Commissioner occupied an office under Part 3 of the
                         Public Sector Management Act 1994; and
20                (b)    his or her term of office expires by effluxion of time and he
                         or she is not reappointed as Commissioner,
                that person is entitled to be appointed to an office under Part 3 of the
                Public Sector Management Act 1994 of at least the equivalent level of
                classification as the office that person occupied immediately prior to
25              appointment as Commissioner.

     6.         Resignation
                The Commissioner may, at any time, by instrument in writing
                addressed to the Governor, resign the office of Commissioner, and on
                receipt of the resignation by the Governor, the Commissioner is to
30              vacate the office of Commissioner.

     7.         Vacancy
                The office of Commissioner becomes vacant if the Commissioner --
                  (a) dies;

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     Terms and conditions of service of Commissioner        Schedule 2



    (b)   resigns the office under clause 6;
    (c)   becomes a police officer;
    (d)   becomes bankrupt, applies to take the benefit of any law for
          the relief of bankrupt or insolvent debtors, compounds with
5         his or her creditors or makes an assignment of his or her
          remuneration for their benefit; or
    (e)   is removed from office under section 12.




                                                              page 167
     Corruption and Crime Commission Bill 2003



     Schedule 3          Terms and conditions of service of Parliamentary Inspector



                Schedule 3 -- Terms and conditions of service of
                           Parliamentary Inspector
                                                                                  [s. 191]
     1.          Tenure of office
5                Subject to this Act, the Parliamentary Inspector holds office for such
                 period, not exceeding 4 years, as is specified in the instrument of
                 appointment, and is eligible for reappointment.

     2.          Terms of appointment
          (1)    The Parliamentary Inspector may be appointed on either a full-time or
10               part-time basis.
          (2)    If the Parliamentary Inspector is appointed on a full-time basis, the
                 Parliamentary Inspector must not, except in so far as authorised to do
                 so by the Governor, hold any office of profit or trust (other than office
                 as Parliamentary Inspector) or engage in any occupation for reward
15               outside the duties of the office of Parliamentary Inspector.
          (3)    Section 52 of the Interpretation Act 1984 does not apply to the office
                 of Parliamentary Inspector.

     3.          Remuneration, leave and entitlements
          (1)    The Parliamentary Inspector is to be paid remuneration at such rate as
20               the Governor may determine.
          (2)    Subclause (1) has effect subject to --
                   (a)   subclause (4) of this clause and clause 4; and
                   (b)   the Salaries and Allowances Act 1975.
          (3)    The rate of remuneration of the Parliamentary Inspector is not to be
25               reduced during the term of office of the Parliamentary Inspector
                 without the consent of the Parliamentary Inspector.
          (4)    If the Parliamentary Inspector is receiving a non-contributory pension
                 under the Judges' Salaries and Pensions Act 1950 or any other Act, or
                 under a law of the Commonwealth or of another State or Territory, the
30               Parliamentary Inspector is to be paid the difference between that
                 pension and the remuneration payable under subclause (1), in lieu of
                 the full amount of that remuneration.

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          Terms and conditions of service of Parliamentary Inspector         Schedule 3



          (5)   The remuneration payable to the holder of the office of Parliamentary
                Inspector is to be charged to the Consolidated Fund which, to the
                necessary extent, is by this clause appropriated accordingly.
          (6)   The Parliamentary Inspector is entitled to such leave of absence and
5               other entitlements as the Governor determines.

     4.         Provisions where Parliamentary Inspector was Judge
          (1)   If a person who, immediately before appointment to the office of
                Parliamentary Inspector, was a Judge of the Supreme Court or the
                District Court, is appointed as Parliamentary Inspector, that person is
10              to be paid the same remuneration and have the same other rights or
                privileges as if the person had continued to be the holder of that
                judicial office.
          (2)   For the purposes of the Judges' Salaries and Pensions Act 1950, the
                service as Parliamentary Inspector of a person referred to in
15              subclause (1) is taken to be service as the holder of the same judicial
                office as the office that person held before appointment as
                Parliamentary Inspector.
          (3)   The person's service as Parliamentary Inspector is, for all purposes,
                taken to be service as the holder of that judicial office.
20        (4)   If the term of office of a person referred to in subclause (1) who was a
                Judge of the Supreme Court expires by effluxion of time and he or she
                is not reappointed as Parliamentary Inspector, that person is entitled to
                be appointed as a Judge of the Supreme Court.
          (5)   If the term of office of a person referred to in subclause (1) who was a
25              Judge of the District Court expires by effluxion of time and he or she
                is not reappointed as Parliamentary Inspector, that person is entitled to
                be appointed as a Judge of the District Court.

     5.         Provisions where Parliamentary Inspector was public service
                officer
30        (1)   If a public service officer is appointed to the office of Parliamentary
                Inspector, that person is entitled to retain all his or her accruing and
                existing rights, including any rights under the Superannuation and
                Family Benefits Act 1938, as if service in the office of Parliamentary
                Inspector were a continuation of service as a public service officer.


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     Schedule 3         Terms and conditions of service of Parliamentary Inspector



          (2)   If a person ceases to hold the office of Parliamentary Inspector and
                becomes a public service officer, the service as Parliamentary
                Inspector is to be regarded as service in the Public Service for the
                purposes of determining that person's rights as a public service officer
5               and, if applicable, for the purposes of the Superannuation and Family
                Benefits Act 1938.
          (3)   If --
                  (a)   the Parliamentary Inspector immediately before his or her
                        appointment to the office of Parliamentary Inspector occupied
10                      an office under Part 3 of the Public Sector Management
                        Act 1994; and
                  (b)   his or her term of office expires by effluxion of time and he
                        or she is not reappointed as Parliamentary Inspector,
                that person is entitled to be appointed to an office under Part 3 of the
15              Public Sector Management Act 1994 of at least the equivalent level of
                classification as the office that person occupied immediately prior to
                appointment as Parliamentary Inspector.

     6.         Resignation
                The Parliamentary Inspector may, at any time, by instrument in
20              writing addressed to the Governor, resign the office of Parliamentary
                Inspector and, on receipt of the resignation by the Governor, the
                Parliamentary Inspector is to vacate the office of Parliamentary
                Inspector.

     7.         Vacancy
25              The office of Parliamentary Inspector becomes vacant if the
                Parliamentary Inspector --
                  (a)   dies;
                  (b)   resigns the office under clause 6;
                  (c)   becomes bankrupt, applies to take the benefit of any law for
30                      the relief of bankrupt or insolvent debtors, compounds with
                        his or her creditors or makes an assignment of his or her
                        remuneration for their benefit; or
                  (d)   is removed from office under section 192.



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                                     Corruption and Crime Commission Bill 2003



      Amendments to other Acts as a consequence of enactment of          Schedule 4
                     Corruption and Crime Commission Act 2003


     Schedule 4 -- Amendments to other Acts as a consequence
        of enactment of Corruption and Crime Commission
                            Act 2003
                                                                  [s. 259(1), 261(1)]

5         Division 1 -- Parliamentary Commissioner Act 1971 amended
     1.       The Act amended
              The amendments in this Division are to the Parliamentary
              Commissioner Act 1971*.
              [*Reprinted as at 16 March 2001.]

10   2.       Long title amended
              The long title is amended by deleting ", for the investigation of any
              action taken by a member of the Police Force or Police
              Department".

     3.       Section 4 amended
15            Section 4 is amended by inserting in the appropriate alphabetical
              positions the following definitions --
              "
                    "Corruption and Crime Commission" has the
                         meaning given to "Commission" under the
20                       Corruption and Crime Commission Act 2003;
                    "officer of the Corruption and Crime Commission"
                         has the meaning given to "officer of the
                         Commission" under the Corruption and Crime
                         Commission Act 2003;
25                  "officer of the Parliamentary Inspector of the
                         Corruption and Crime Commission" has the
                         meaning given to "officer of the Parliamentary
                         Inspector" under the Corruption and Crime
                         Commission Act 2003;



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     Corruption and Crime Commission Bill 2003



     Schedule 4                Amendments to other Acts as a consequence of enactment of
                               Corruption and Crime Commission Act 2003


                              "Parliamentary Inspector of the Crime and
                                 Corruption Commission" has the meaning given
                                 to "Parliamentary Inspector" under the Corruption
                                 and Crime Commission Act 2003;
5                                                                                            ".

     4.         Section 14 amended
                Section 14(1a), (1b) and (1c) are repealed.

     5.         Section 22A amended
                Section 22A(1) is amended by inserting before "the Inspector" --
10              "     the Corruption and Crime Commission, ".

     6.         Section 22B amended
                Section 22B is amended as follows:
                  (a) by deleting the "or" after paragraph (aa);
                  (b) in paragraph (b) by deleting "either" and inserting instead --
15                             "
                                     the Corruption and Crime Commission, the
                                     Parliamentary Inspector,
                                                                                             ";
                    (c)        at the end of paragraph (b) by deleting the full stop and
20                             inserting a semicolon instead;
                    (d)        by inserting after paragraph (b) the following paragraphs --
                          "
                               (c)   is disclosed to --
                                        (i) the Corruption and Crime Commission;
25                                           or




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                                     Corruption and Crime Commission Bill 2003



      Amendments to other Acts as a consequence of enactment of         Schedule 4
                     Corruption and Crime Commission Act 2003


                              (ii)  a person who is an officer of the
                                    Corruption and Crime Commission
                                    authorised for the purposes of this
                                    subparagraph by the Corruption and
5                                   Crime Commission,
                            and concerns a matter that is relevant to the
                            functions of the Corruption and Crime
                            Commission; or
                      (d)   is disclosed to a person who is --
10                             (i) the Parliamentary Inspector of the
                                    Corruption and Crime Commission; or
                              (ii) an officer of the Parliamentary Inspector
                                    of the Corruption and Crime
                                    Commission authorised for the purposes
15                                  of this subparagraph by the
                                    Parliamentary Inspector,
                            and concerns a matter that is relevant to the
                            functions of the Parliamentary Inspector.
                                                                                   ".

20   7.       Schedule 1 amended
              Schedule 1 is amended by inserting before the item relating to the
              Director of Public Prosecutions the following items --
               "
                    The Corruption and Crime Commission under the
25                  Corruption and Crime Commission Act 2003.
                    The Parliamentary Inspector of the Corruption and Crime
                    Commission under the Corruption and Crime Commission
                    Act 2003.
                                                                                   ".




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     Corruption and Crime Commission Bill 2003



     Schedule 4         Amendments to other Acts as a consequence of enactment of
                        Corruption and Crime Commission Act 2003


                        Division 2 -- Amendments to other Acts
     8.         Constitution Acts Amendment Act 1899 amended
          (1)   The amendments in this clause are to the Constitution Acts
                Amendment Act 1899*.
5               [* Reprinted as at 8 June 2001.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001,
                   5, 20, 24 and 30 of 2002.]
          (2)   Schedule V Part 1 Division 2 is amended as follows:
10                (a)    by inserting after the item relating to the Clerk of the
                         Legislative Council the following item --
                  "
                         Commissioner appointed under the Corruption and
                                 Crime Commission Act 2003.
                                                                                      ";
                  (b)    by inserting after the item relating to the Parliamentary
15                       Commissioner for Administrative Investigations the
                         following item --
                  "
                         Parliamentary Inspector of the Corruption and Crime
                                  Commission appointed under the Corruption
                                  and Crime Commission Act 2003.
                                                                                      ".

     9.         Court Security and Custodial Services Act 1999 amended
20        (1)   The amendment in this clause is to the Court Security and Custodial
                Services Act 1999*.
                [* Reprinted as at 13 July 2001.]
          (2)   Section 38(l) is amended by inserting before "the Freedom of
                Information Act 1992" --
25              " the Corruption and Crime Commission Act 2003, ".




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      Amendments to other Acts as a consequence of enactment of                   Schedule 4
                     Corruption and Crime Commission Act 2003


     10.         The Criminal Code amended
           (1)   The amendments in this clause are to The Criminal Code*.
                 [* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal
                    Code Act 1913 appearing as Appendix B to the Criminal Code Act
5                   Compilation Act 1913).]
           (2)   Section 570(1) is amended as follows:
                     (a)    in the definition of "interview" by inserting before
                            paragraph (a) the following paragraph --
                            "
10                              (aa)   an officer of the Corruption and Crime
                                       Commission; or
                                                                                           ";
                     (b)    by inserting after the definition of "lawyer" the following
                            definition --
15               "
                           "officer of the Corruption and Crime Commission"
                                has the meaning given to "officer of the
                                Commission" by section 3 of the Corruption and
                                Crime Commission Act 2003;
20                                                                                         ";
                     (c)    by inserting after the definition of "Parliamentary
                            Commissioner" the following definition --
                 "
                           "Parliamentary Inspector" has the meaning given by
25                            section 3 of the Corruption and Crime
                              Commission Act 2003;
                                                                                           ".
           (3)   Section 570B(1) is amended as follows:
                     (a)    in the definition of "authorised person" by inserting before
30                          paragraph (e) the following paragraphs --
                            "
                                (dd)   an officer of the Corruption and Crime
                                       Commission;
                                (de)   the Parliamentary Inspector;
35                                                                                         ".

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        (4)     Section 570B(3a) is amended by inserting after paragraph (a) the
                following paragraphs --
                     "
                         (aa)   an officer of the Corruption and Crime
5                               Commission;
                         (ab)   the Parliamentary Inspector; or
                                                                                        ".
        (5)     Section 570B(4) is amended by inserting before "who supplies" --
                "
10                       an officer of the Corruption and Crime Commission or
                         the Parliamentary Inspector acting in the course of duty
                                                                                        ".
        (6)     Section 570B(5) is amended by inserting before "or (e)" --
                "   , (dd), (de) ".
15      (7)     Section 570D(1) is amended in the definition of "admission" by
                inserting after "Police Force" --
                " or an officer of the Corruption and Crime Commission             ".
        (8)     Section 570GA(1), (2) and (3) are each amended by inserting after
                "Commission" --
20              " or the Corruption and Crime Commission          ".
        (9)     Section 570GA(4) is amended in the definition of "interview" by
                inserting after "by" --
                "   an officer of the Corruption and Crime Commission or ".
       (10)     Section 570H(2) is amended by inserting after paragraph (a) the
25              following paragraph --
                     "
                         (aa)   an officer of the Corruption and Crime
                                Commission;
                                                                                        ".




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     11.         Financial Administration and Audit Act 1985 amended
           (1)   The amendments in this clause are to the Financial Administration
                 and Audit Act 1985*.
                 [* Reprinted as at 16 September 2002 .
5                   For subsequent amendments see Acts Nos. 30 and 38 of 2002.]
           (2)   Schedule 1 is amended by inserting in the appropriate alphabetical
                 positions the following items --
                 "
                     Corruption and Crime Commission
10                   Parliamentary Inspector of the Corruption and Crime
                              Commission
                                                                                           ".

     12.         Freedom of Information Act 1992 amended
           (1)   The amendments in this clause are to the Freedom of Information
15               Act 1992*.
                 [* Reprinted as at 3 March 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
           (2)   Schedule 2 is amended as follows:
20                   (a)   by inserting after the item relating to the Auditor General the
                           following item --
                           " The Corruption and Crime Commission. ";
                     (b)   by inserting before the item relating to the Parole Board the
                           following item --
25                     "
                             The Parliamentary Inspector of the Corruption and
                                   Crime Commission.
                                                                                           ".

     13.         Juries Act 1957 amended
           (1)   The amendments in this clause are to the Juries Act 1957*.
                 [* Reprinted as at 3 July 2000.]


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        (2)     After section 56B(2)(b) the following paragraphs are inserted --
                     "
                         (ba)   to the Corruption and Crime Commission
                                established under the Corruption and Crime
5                               Commission Act 2003;
                         (bb)   to the Parliamentary Inspector of the
                                Corruption and Crime Commission appointed
                                under the Corruption and Crime Commission
                                Act 2003;
10                                                                                    ".
        (3)     After section 56C(2)(b) the following paragraphs are inserted --
                     "
                         (ba)   to the Corruption and Crime Commission
                                established under the Corruption and Crime
15                              Commission Act 2003;
                         (bb)   to the Parliamentary Inspector of the
                                Corruption and Crime Commission appointed
                                under the Corruption and Crime Commission
                                Act 2003;
20                                                                                    ".
        (4)     After the Second Schedule Part 1 item 1(d) the following paragraphs
                are inserted --
                     "
                         (da)   Commissioner appointed under the Corruption and
25                              Crime Commission Act 2003;
                         (db)   Parliamentary Inspector of the Corruption and
                                Crime Commission appointed under the Corruption
                                and Crime Commission Act 2003;
                                                                                      ".




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           (5)   After the Second Schedule Part 1 item 2(i) the following paragraphs
                 are inserted --
                      "
                            (j)   Officer of the Corruption and Crime Commission
5                                 under the Corruption and Crime Commission
                                  Act 2003;
                           (ja)   Officer of the Parliamentary Inspector of the
                                  Corruption and Crime Commission under the
                                  Corruption and Crime Commission Act 2003;
10                                                                                      ".

     14.         Prisons Act 1981 amended
           (1)   The amendments in this clause are to the Prisons Act 1981*.
                 [* Reprinted as at 22 December 2000.
                    For subsequent amendments see Act No. 10 of 2002.]
15         (2)   Section 15C(l) is amended by inserting before "the Freedom of
                 Information Act 1992" --
                 " the Corruption and Crime Commission Act 2003, ".
           (3)   After section 109I(5)(a) the following paragraph is inserted --
                      "
20                        (aa)    a pending investigation, or an investigation or
                                  other action by the Corruption and Crime
                                  Commission under the Corruption and Crime
                                  Commission Act 2003; or
                                                                                        ".
25         (4)   Section 109O(1) is amended by inserting before "the Director" --
                 "
                          the Corruption and Crime Commission, the
                          Parliamentary Inspector of the Corruption and Crime
                          Commission,
30                                                                                      ".




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           (5)   Before section 109P(a) the following paragraph is inserted --
                      "
                          (aa)   is disclosed to a person who is --
                                    (i) the Corruption and Crime Commission;
5                                  (ii) a person who is an officer of the
                                         Corruption and Crime Commission,
                                 and concerns a matter that is relevant to the
                                 functions of the Corruption and Crime
                                 Commission;
10                                                                                     ".
           (6)   Section 109P(b) is amended by inserting after "the functions of
                 either" --
                 "the Corruption and Crime Commission,       ".

     15.         Public Interest Disclosure Act 2003 amended
15         (1)   The amendments in this clause are to the Public Interest Disclosure
                 Act 2003*.
                 [* Act No. 29 of 2003.]
           (2)   Section 3(1) is amended by inserting after the definition of
                 "Commissioner of Police" the following definition --
20               "
                          "Corruption and Crime Commission" has the
                             meaning given to "Commission" in section 3 of
                             the Corruption and Crime Commission Act 2003;
                                                                                       ".
25         (3)   Section 5(3)(a) is amended by inserting after "Commission" --
                 " or to the Corruption and Crime Commission            ".
           (4)   Section 5(3)(d) is amended by deleting "Parliamentary
                 Commissioner" and inserting instead --
                 "   Corruption and Crime Commission ".



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       (5)       After section 11(2) the following subsection is inserted --
             "
                 (3)       To avoid doubt, it is declared that information that
                           section 151, 152 or 153 of the Corruption and Crime
5                          Commission Act 2003 prevents a person from
                           disclosing is not to be given or disclosed under
                           section 10.
                                                                                               ".
       (6)       Section 12(1) is amended by inserting after "Commission" in both
10               places where it occurs --
                 "     , the Corruption and Crime Commission ".
       (7)       Section 16(1) is amended as follows --
                     (a)       by deleting "or" after paragraph (d);
                     (b)       by deleting the full stop after paragraph (e) and inserting a
15                             semicolon instead;
                     (c)       by inserting after paragraph (e) --
                           "
                               (f)   the identifying disclosure is made in
                                     accordance with section 152 or 153 of the
20                                   Corruption and Crime Commission Act 2003;
                                     or
                               (g)   to do so is required under section 28 of the
                                     Corruption and Crime Commission Act 2003.
                                                                                               ".
25     (8)       Section 16(3) is amended as follows:
                     (a)       by deleting "or" after paragraph (e);
                     (b)       by deleting the full stop after paragraph (f) and inserting a
                               semicolon instead;
                     (c)       by inserting after paragraph (f) --
30                         "
                               (g)   the disclosure is made in accordance with
                                     section 152 or 153 of the Corruption and Crime
                                     Commission Act 2003; or

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                                (h)    to do so is required under section 28 of the
                                       Corruption and Crime Commission Act 2003.
                                                                                           ".
           (9)        Section 24(1) is amended by inserting after "statement" --
5                     "     to a proper authority   ".
       (10)           After section 24(1) the following subsection is inserted --
                 "
                     (1a)     For the purposes of subsection (1) a statement is made
                              to a proper authority if, were the statement truly a
10                            disclosure of public interest information, it is disclosed
                              to a proper authority for the purposes of section 5(3).
                                                                                           ".
     16.              Salaries and Allowances Act 1975 amended
           (1)        The amendments in this clause are to the Salaries and Allowances
15                    Act 1975*.
                      [* Reprinted as at 8 September 2000.
                         For subsequent amendments see 2001 Index to Legislation of
                         Western Australia, Table 1, p. 335.]
           (2)        Section 7(1) is amended by inserting after "magistrates" --
20                    "
                              and the Commissioner appointed under the Corruption
                              and Crime Commission Act 2003, the Parliamentary
                              Inspector of the Corruption and Crime Commission
                              appointed under the Corruption and Crime
25                            Commission Act 2003
                                                                                           ".




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    17.         Spent Convictions Act 1988 amended
          (1)   The amendments in this clause are to the Spent Convictions
                Act 1988*.
                [* Reprinted as at 1 September 2000.
5                  For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 348-9.]
          (2)   The Table to Schedule 3 item 1 is amended by inserting after
                item 10A the following item --
           "
                10B. A person --                                    Section 18 and
                     (a) appointed as or being considered          Division 4
                           for appointment as the
                           Commissioner under the
                           Corruption and Crime
                           Commission Act 2003;
                     (b) appointed as or being considered
                           for appointment as the
                           Parliamentary Inspector of the
                           Corruption and Crime
                           Commission under the
                           Corruption and Crime
                           Commission Act 2003;
                     (c) appointed as or being considered
                           for appointment as an officer of
                           the Corruption and Crime
                           Commission under section 179 of
                           the Corruption and Crime
                           Commission Act 2003;
                     (d) seconded or otherwise engaged,
                           or being considered for
                           secondment or engagement, as an
                           officer of the Corruption and
                           Crime Commission under
                           section 181 of the Corruption and
                           Crime Commission Act 2003;




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                      (e)   engaged or being considered for
                            engagement as an officer of the
                            Corruption and Crime
                            Commission under section 182 of
                            the Corruption and Crime
                            Commission Act 2003;
                      (f)   appointed as or being considered
                            for appointment as an employee
                            of the Parliamentary Inspector of
                            the Corruption and Crime
                            Commission under section 210 of
                            the Corruption and Crime
                            Commission Act 2003;
                      (g)   seconded or otherwise engaged,
                            or being considered for
                            secondment or engagement, as an
                            officer of the Parliamentary
                            Inspector of the Corruption and
                            Crime Commission under
                            section 212 of the Corruption and
                            Crime Commission Act 2003;
                      (h)   engaged or being considered for
                            engagement as an officer of the
                            Parliamentary Inspector of the
                            Corruption and Crime
                            Commission under section 213 of
                            the Corruption and Crime
                            Commission Act 2003.
                                                                                 ".
    18.         Surveillance Devices Act 1998 amended
          (1)   The amendments in this clause are to the Surveillance Devices
                Act 1998*.
5               [* Act No. 56 of 1998.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 371 and Act No. 10 of 2002.]




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       (2)   Section 3(1) is amended as follows:
               (a) by inserting in the appropriate alphabetical positions the
                     following definitions --
             "
5                      "Corruption and Crime Commission" has the
                          meaning given to "Commission" in section 3 of
                          the Corruption and Crime Commission Act 2003;
                       "officer of the Corruption and Crime Commission"
                            has the meaning given to "officer of the
10                          Commission" in section 3 of the Corruption and
                            Crime Commission Act 2003;
                                                                                      ";
                 (b)    in the definition of "authorized person" by inserting after
                        paragraph (a) the following paragraph --
15                      "
                            (aa)   in the case of the Corruption and Crime
                                   Commission, an officer of the Corruption
                                   and Crime Commission authorized for that
                                   purpose by the Commission;
20                                                                                    ";
                 (c)    in the definition of "emergency authorization" by inserting
                        after "of the State," --
                        "
                             an officer of the Corruption and Crime
25                           Commission,
                                                                                      ";
                 (d)    in the definition of "law enforcement officer" by inserting
                        after paragraph (a) the following paragraph --
                        "
30                          (aa)   an officer of the Corruption and Crime
                                   Commission;
                                                                                      ".




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        (3)     Section 4B(2) is amended as follows:
                  (a) in paragraph (a) by deleting "Anti-Corruption Commission"
                        and inserting instead --
                              "      Corruption and Crime Commission ";
5                   (b)       in paragraph (b) by deleting "an Anti-Corruption Commission
                              officer, other than in the definitions in section 3(1) of
                              "Anti-Corruption Commission Officer" " and inserting
                              instead --
                               "
10                                     an officer of the Corruption and Crime
                                       Commission, other than in the definitions in
                                       section 3(1) of "officer of the Corruption and
                                       Crime Commission"
                                                                                          ";
15                  (c)       in the Table by deleting "Anti-Corruption Commission" and
                              inserting instead --
                              "      Corruption and Crime Commission   ".
        (4)     Section 4B(8) is amended by deleting "chairman of the
                Anti-Corruption Commission" and inserting instead --
20              "    Corruption and Crime Commission ".
        (5)     Section 9(2)(a)(iii) is amended by inserting after "Police," --
                " the Corruption and Crime Commission,                 ".
        (6)     Section 11 is amended by inserting after "State," --
                "    an officer of the Corruption and Crime Commission, ".
25      (7)     After section 15(1)(a) the following paragraph is inserted --
                          "
                              (aa)     an officer of the Corruption and Crime
                                       Commission; or
                                                                                          ".




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           (8)   After section 15(3)(a) the following paragraph is inserted --
                        "
                            (aa)   in the case of an application by an officer of the
                                   Corruption and Crime Commission, is required
5                                  to attach an authorisation of the Corruption and
                                   Crime Commission for the action proposed;
                                                                                        ".
           (9)   Section 15(3)(f)(i) is amended by inserting after "State," --
                 "     an officer of the Corruption and Crime Commission, ".
10        (10)   Section 16(4) is amended by inserting after "State," --
                 "     an officer of the Corruption and Crime Commission, ".
          (11)   Section 17(2)(d)(ii) is amended by inserting after "State," --
                 " officer of the Corruption and Crime Commission,              ".
          (12)   After section 18 the following section is inserted --
15   "
             18A.           Enhanced powers concerning surveillance devices
                 (1)        In this section --
                            "section 5 offence" has the meaning given by section 5
                                 of the Corruption and Crime Commission
20                               Act 2003.
                 (2)        This section has effect if --
                             (a) a police officer applies under section 15 or 16
                                    for a warrant and the offence concerned is a
                                    section 5 offence; or
25                           (b) an officer of the Corruption and Crime
                                    Commission applies under section 15 or 16 for
                                    a warrant.
                 (3)        The effects of this section are that --
                             (a) instead of the court having to be satisfied that
30                                 there are reasonable grounds for believing

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                                 anything described in section 13(1)(a) or
                                 17(1)(a), it is sufficient that the court be
                                 satisfied that there are reasonable grounds for
                                 suspecting it;
5                          (b)   in the case of an application referred to in
                                 subsection (2)(a) the court to which the
                                 application is made is to regard the fact that the
                                 offence concerned is a section 5 offence as
                                 justifying investigative powers in addition to
10                               those that it might otherwise regard as being in
                                 the public interest;
                           (c)   in the case of an application referred to in
                                 subsection (2)(b), the court to which the
                                 application is made is to regard the fact that the
15                               application is made by the Corruption and
                                 Crime Commission or an officer of the
                                 Corruption and Crime Commission as
                                 justifying investigative powers in addition to
                                 those that it might otherwise regard as being in
20                               the public interest; and
                           (d)   anything that the warrant may authorise to be
                                 done if there is a reasonable belief as to any
                                 matter may be authorised by the warrant to be
                                 done also if there is a reasonable suspicion as to
25                               the matter.
                                                                                      ".
       (13)     Section 20 is amended as follows:
                  (a) by inserting after "State," --
                "
30                        an officer of the Corruption and Crime Commission,
                                                                                      ";
                    (b)    by inserting after "member of the police force," --
                "
                          the officer of the Corruption and Crime Commission,
35                                                                                    ".


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      (14)   After section 21(1)(c)(i) the following subparagraph is inserted --
                          "
                              (ia)   an offence punishable by 2 or more
                                     year's imprisonment has been or may
5                                    have been, is being or is about to be, or
                                     is likely to be, committed;
                                                                                    ".
      (15)   Section 23(3) is amended by inserting after "publication of any" --
             "
10                 matter contrary to section 151 of the Corruption and
                   Crime Commission Act 2003, or any
                                                                                    ".
      (16)   After section 31(3)(b)(i) the following subparagraphs are inserted --
                          "
15                            (ia)   the Corruption and Crime Commission;
                              (ib)   the Parliamentary Inspector of the
                                     Corruption and Crime Commission;
                                                                                    ".
      (17)   Section 33(3) is amended by inserting after "publication of any" --
20           "
                   matter contrary to section 151 of the Corruption and
                   Crime Commission Act 2003, or any
                                                                                    ".
      (18)   Section 40(3) is amended by inserting after "State," --
25           "   any officer of the Corruption and Crime Commission, ".
      (19)   Section 41(1), (2) and (3) are amended by inserting after "Police," in
             each case --
             " the Corruption and Crime Commission,            ".
      (20)   Section 41(1)(a) is amended by inserting after "State," --
30           "   an officer of the Corruption and Crime Commission, ".



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       (21)        Section 41(3) is amended by deleting "Anti-Corruption Commission"
                   and inserting instead --
                   "     Corruption and Crime Commission ".
       (22)        After section 43(1) the following subsection is inserted --
5             "
                  (1a)     The Corruption and Crime Commission must, as soon
                           as practicable after 30 June, but in any event not later
                           than 31 August, in each year, furnish to the Attorney
                           General a report on behalf of the Corruption and Crime
10                         Commission in respect of the year ending on that
                           30 June, containing information relating to --
                             (a) applications for warrants and extensions of
                                   warrants, including the number of such
                                   applications and the orders made in respect of
15                                 such applications;
                             (b) applications for emergency authorisations,
                                   including the number of such applications and
                                   the authorisations issued in respect of such
                                   applications; and
20                           (c) such other matters relating to the use of
                                   surveillance devices and the administration of
                                   this Act as the Attorney General may direct.
                                                                                      ".
       (23)        Section 43(4) is amended by inserting after "Police," --
25                 " the Corruption and Crime Commission,           ".
       (24)        Section 44(1)(f) is amended by inserting after "Police," --
                   " the Corruption and Crime Commission,           ".




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     19.         Telecommunications (Interception) Western Australia Act 1996
                 amended
           (1)   The amendments in this clause are to the Telecommunications
                 (Interception) Western Australia Act 1996*.
5                [* Act No. 44 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 374 and Act No. 10 of 2002.]
           (2)   The long title is amended by inserting after "enable" --
                 "    the Corruption and Crime Commission, ".
10         (3)   Section 3(1) is amended as follows:
                     (a)       in the definition of "agency" by inserting after paragraph (a)
                               the following paragraph --
                           "
                                (aa)    the Corruption and Crime Commission;
15                                                                                             ";
                     (b)       in the definition of "certifying officer" by inserting before
                               paragraph (a) the following paragraph --
                           "
                                (aa)    in relation to the Corruption and Crime
20                                      Commission, the Commissioner as defined
                                        in section 3 of the Corruption and Crime
                                        Commission Act 2003; or
                                                                                               ";
                     (c)       in the definition of "chief officer" by inserting before
25                             paragraph (a) the following --
                           "
                                (aa)    in relation to the Corruption and Crime
                                        Commission, the Commissioner as defined
                                        in section 3 of the Corruption and Crime
30                                      Commission Act 2003; or
                                                                                               ";




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                     (d)        after the definition of "Commonwealth Minister" by inserting
                                the following definition --
                 "
                               "Corruption and Crime Commission" has the
5                                 meaning given to "Commission" in section 3 of
                                  the Corruption and Crime Commission Act 2003;
                                                                                               ";
                     (e)        in the definition of "eligible authority" by inserting after
                                "means" --
10                              " the Corruption and Crime Commission,              ";
                     (f)        in the definition of "officer" by inserting before paragraph (a)
                                the following --
                           "
                                  (aa)   in relation to the Corruption and Crime
15                                       Commission, an officer of the Commission
                                         as defined in section 3 of the Corruption and
                                         Crime Commission Act 2003; or
                                                                                              ";
                     (g)        in the definition of "responsible Minister" by inserting before
20                              paragraph (a) the following paragraph --
                           "
                                  (aa)   in relation to the Corruption and Crime
                                         Commission, the Attorney General; or
                                                                                               ".
25         (4)   Section 3A(d) is amended by inserting after "means" --
             " the Corruption and Crime Commission,                     ".
     20.         Witness Protection (Western Australia) Act 1996 amended
           (1)   The amendments in this section are to the Witness Protection
                 (Western Australia) Act 1996*.
30               [* Act No. 11 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 419.]



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       (2)    Section 3(1) is amended by inserting in the appropriate alphabetical
              positions the following definitions --
              "
                    "Corruption and Crime Commission" has the
5                        meaning given to "Commission" in section 3 of
                         the Corruption and Crime Commission Act 2003;
                    "officer of the Corruption and Crime Commission"
                         has the meaning given to "officer of the
                         Commission" in section 3 of the Corruption and
10                       Crime Commission Act 2003;
                                                                                     ".
       (3)    Section 11(1)(c) is amended by inserting after "complain to" the
              following --
          " the Corruption and Crime Commission or             ".
15     (4)    After section 14(2) the following subsection is inserted --
         "
             (2a)   The Commissioner must permit the Corruption and
                    Crime Commission, or an officer of the Corruption and
                    Crime Commission, to have access to any part of the
20                  register, and to any documents kept in conjunction with
                    it, that are relevant to an investigation under the
                    Corruption and Crime Commission Act 2003.
                                                                                     ".
       (5)    After section 34(2) the following subsection is inserted --
25       "
             (2a)   Subject to subsection (3), nothing in this Act prevents
                    the Corruption and Crime Commission from disclosing
                    information in accordance with the Corruption and
                    Crime Commission Act 2003.
30                                                                                   ".




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       (6)     Section 34(3) is amended as follows:
                 (a) by deleting "and (2)" and inserting instead --
                        "   , (2) and (2a)   ";
                 (b)    by deleting "or by the Parliamentary Commissioner," and
5                       inserting instead --
         "
                       the Parliamentary Commissioner, or the Corruption and
                       Crime Commission,
                                                                                  ".




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      Amendments to other Acts as a consequence of repeal of the           Schedule 5
                           Anti-Corruption Commission Act 1988


     Schedule 5 -- Amendments to other Acts as a consequence
       of repeal of the Anti-Corruption Commission Act 1988
                                                                       [s. 259, 261]

          Division 1 -- Parliamentary Commissioner Act 1971 amended

5    1.       The Act amended
              The amendments in this Division are to the Parliamentary
              Commissioner Act 1971*.
              [* Reprinted as at 16 March 2001.]

     2.       Section 4 amended
10            Section 4 is amended by deleting the definition of "Anti-Corruption
              Commission".

     3.       Section 22A amended
              Section 22A(1) is amended by deleting "the Anti-Corruption
              Commission".

15   4.       Section 22B amended
              Section 22B is amended as follows:
                (a)   by deleting paragraph (a);
                (b)   in paragraph (b) by deleting "the Anti-Corruption
                      Commission".

20   5.       Schedule 1 amended
              Schedule 1 is amended by deleting the item relating to the
              Anti-Corruption Commission.




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     Schedule 5         Amendments to other Acts as a consequence of repeal of the
                        Anti-Corruption Commission Act 1988


                        Division 2 -- Amendments to other Acts
     6.         Court Security and Custodial Services Act 1999 amended
          (1)   The amendments in this clause are to the Court Security and
                Custodial Services Act 1999*.
5               [* Reprinted as at 13 July 2001.]
          (2)   Section 38(l) is amended by deleting "the Anti-Corruption
                Commission Act 1988,".

     7.         The Criminal Code amended
          (1)   The amendments in this clause are to The Criminal Code*.
10              [* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal
                   Code Act 1913 appearing as Appendix B to the Criminal Code Act
                   Compilation Act 1913).]
          (2)   Section 570(1) is amended as follows:
                  (a) by deleting the definition of "Anti-Corruption Commission
15                      official";
                  (b)    in the definition of "interview" --
                            (i) by deleting the "or" after paragraph (a); and
                          (ii)   by deleting paragraph (b).
          (3)   Section 570B(1) is amended in the definition of "authorised person"
20              by deleting paragraph (da).
          (4)   Section 570B(3a)(b) is deleted.
          (5)   Section 570B(4) is amended by deleting "or an Anti-Corruption
                Commission official acting in the course of duty,".
          (6)   Section 570B(5) is amended by deleting "(da)".
25        (7)   Section 570D(1) is amended in the definition of "admission" by
                deleting "or an Anti-Corruption Commission official".
          (8)   Section 570GA(1), (2) and (3) are each amended by deleting "the
                Anti-Corruption Commission or".




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      Amendments to other Acts as a consequence of repeal of the              Schedule 5
                           Anti-Corruption Commission Act 1988


           (9)   Section 570GA(4) is amended in the definition of "interview" by
                 deleting "or an Anti-Corruption Commission official".
          (10)   Section 570H(2)(ba) is deleted.

     8.          Financial Administration and Audit Act 1985 amended
5          (1)   The amendment in this clause is to the Financial Administration and
                 Audit Act 1985*.
                 [* Reprinted as at 16 September 2002 .
                    For subsequent amendments see Acts Nos. 30 and 38 of 2002.]
           (2)   Schedule 1 is amended by deleting the item relating to the
10               Anti-Corruption Commission.

     9.          Freedom of Information Act 1992 amended
           (1)   The amendment in this clause is to the Freedom of Information
                 Act 1992*.
                 [* Reprinted as at 3 March 2000.
15                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
           (2)   Schedule 2 is amended by deleting the item relating to the
                 Anti-Corruption Commission.

     10.         Juries Act 1957 amended
20         (1)   The amendments in this clause are to the Juries Act 1957*.
                 [* Reprinted as at 3 July 2000.]
           (2)   Section 56B(2)(c) is deleted.
           (3)   Section 56C(2)(c) is deleted.

     11.         Prisons Act 1981 amended
25         (1)   The amendments in this clause are to the Prisons Act 1981*.
                 [* Reprinted as at 22 December 2000.
                    For subsequent amendments see Act No. 10 of 2002.]



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     Schedule 5         Amendments to other Acts as a consequence of repeal of the
                        Anti-Corruption Commission Act 1988


           (2)   Section 15C(1) is amended by deleting "the Anti-Corruption
                 Commission Act 1988,".
           (3)   Section 109I(5)(b) and the "or" following is deleted.
           (4)   Section 109O(1) is amended by deleting "the Anti-Corruption
5                Commission,".
           (5)   Section 109P(a) is deleted.
           (6)   Section 109P(b) is amended by deleting ", the Anti-Corruption
                 Commission".

     12.         Public Interest Disclosure Act 2003 amended
10         (1)   The amendments in this clause are to the Public Interest Disclosure
                 Act 2003*.
                 [* Act No. 29 of 2003.]
           (2)   Section 3(1) is amended by deleting the definition of
                 "Anti-Corruption Commission".
15         (3)   Section 5(3)(a) is amended by deleting "or to the Anti-Corruption
                 Commission".
           (4)   Section 11(2) is repealed.
           (5)   Section 12(1) is amended by deleting "Anti-Corruption Commission,
                 the" in both places where it occurs.
20         (6)   Section 12(2)(a) and the "or" following are deleted.
           (7)   Section 16(1)(d) and (e) are deleted.
           (8)   Section 16(3)(e) and (f) are deleted.

     13.         Salaries and Allowances Act 1975 amended
           (1)   The amendment in this clause is to the Salaries and Allowances
25               Act 1975*.
                 [* Reprinted as at 8 September 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 335.]



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      Amendments to other Acts as a consequence of repeal of the               Schedule 5
                           Anti-Corruption Commission Act 1988


           (2)   Section 7(1) is amended by deleting "and members of the
                 Anti-Corruption Commission established under the Anti-Corruption
                 Commission Act 1988".

     14.         Spent Convictions Act 1988 amended
5          (1)   The amendment in this clause is to the Spent Convictions Act 1988*.
                 [* Reprinted as at 1 September 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 348-9.]
           (2)   The Table to Schedule 3 is amended by deleting item 11.

10   15.         Surveillance Devices Act 1998 amended
           (1)   The amendments in this clause are to the Surveillance Devices
                 Act 1998*.
                 [* Act No. 56 of 1998.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 371 and Act No. 10 of 2002.]
           (2)   Section 3(1) is amended as follows:
                   (a) by deleting the definitions of "Anti-Corruption Commission"
                         and "Anti-Corruption Commission officer";
                   (b)   by deleting paragraph (b) of the definition of "authorized
20                       person";
                   (c)   in the definition of "emergency authorization" by deleting
                         ", an Anti-Corruption Commission officer";
                   (d)   by deleting paragraph (b) of the definition of "law
                         enforcement officer".
25         (3)   Section 9(2)(a)(iii) is amended by deleting ", the chairman or any
                 2 members of the Anti-Corruption Commission".
           (4)   Section 11 is amended by deleting ", an Anti-Corruption Commission
                 officer".
           (5)   Section 15(1)(b) is deleted.
30         (6)   Section 15(3)(b) is deleted.



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     Schedule 5         Amendments to other Acts as a consequence of repeal of the
                        Anti-Corruption Commission Act 1988


        (7)     Section 15(3)(f)(i) is amended by deleting ", Anti-Corruption
                Commission officer".
        (8)     Section 16(4) is amended by deleting ", an Anti-Corruption
                Commission officer".
5       (9)     Section 17(2)(d)(ii) is amended by deleting ", the Anti-Corruption
                Commission officer".
       (10)     Section 20 is amended as follows:
                  (a) by deleting ", an Anti-Corruption Commission officer";
                  (b)   by deleting ", the Anti-Corruption Commission officer".
10     (11)     Section 21(1)(c)(i) is deleted.
       (12)     Section 23(3) is amended by deleting ", or any information or
                allegation contrary to section 54 of the Anti-Corruption Commission
                Act 1988".
       (13)     Section 31(3)(b)(ii) is deleted.
15     (14)     Section 33(3) is amended by deleting ", or any information or
                allegation contrary to section 54 of the Anti-Corruption Commission
                Act 1988".
       (15)     Section 40(3) is amended by deleting ", any Anti-Corruption
                Commission officer".
20     (16)     Section 41(1), (2) and (3) are amended by deleting ", the
                Anti-Corruption Commission" in each place it occurs.
       (17)     Section 41(1)(a) is amended by deleting ", an Anti-Corruption
                Commission officer".
       (18)     Section 43(2) is repealed.
25     (19)     Section 43(4) is amended by deleting ", the chairman of the
                Anti-Corruption Commission".
       (20)     Section 44(1)(f) is amended by deleting ", the chairman of the
                Anti-Corruption Commission".




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      Amendments to other Acts as a consequence of repeal of the              Schedule 5
                           Anti-Corruption Commission Act 1988


     16.         Telecommunications (Interception) Western Australia Act 1996
                 amended
           (1)   The amendments in this clause are to the Telecommunications
                 (Interception) Western Australia Act 1996*.
5                [* Act No. 44 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 374 and Act No. 10 of 2002.]
           (2)   The long title is amended by deleting ", the Anti-Corruption
                 Commission".
10         (3)   Section 3(1) is amended as follows:
                   (a)   in the definition of "agency" by deleting paragraph (ba);
                   (b)   by deleting the definition of "Anti-Corruption Commission";
                   (c)   in the definition of "certifying officer" by deleting
                         paragraph (a) and the "or" following;
15                 (d)   in the definition of "chief officer" by deleting paragraph (a)
                         and the "or" following;
                   (e)   in the definition of "eligible authority" by deleting ", the
                         Anti-Corruption Commission";
                   (f)   in the definition of "officer" by deleting paragraph (a) and the
20                       "or" following;
                   (g)   in the definition of "responsible Minister" by deleting
                         paragraph (a) and the "or" following.
           (4)   Section 3A(d) is amended by deleting "the Anti-Corruption
                 Commission,".




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Corruption and Crime Commission Bill 2003



Defined Terms



                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                         Provision(s)
     A-CC ............................................................................................................... 3
     A-CC Act..................................................................................................... 240
     A-CC officer ............................................................................................252(1)
     allegation .............................................................................................3, 220(1)
     ancillary activity.......................................................................................132(1)
     appropriate authority ........................................................................................ 3
     appropriate entry ......................................................................................105(6)
     assumed identity approval ........................................................................103(1)
     authorised officer .....................................................................................184(1)
     authorised operation ..................................................................................... 119
     authorised person .........................................................................101(1), 161(1)
     authority................................................................................................. 63, 119
     cancel.......................................................................................................108(3)
     chief officer.................................................................................................. 102
     civilian participant........................................................................................ 119
     commencement ................................................................................ 240, 255(1)
     commencement day..................................................................................262(1)
     Commission ..................................................................................................... 3
     Commission lawyer..................................................................................152(1)
     Commissioner .................................................................................................. 3
     Commissioner of Police.................................................................................... 3
     contractor......................................................................................................... 3
     controlled activity................................................................................... 63, 119
     controlled operation................................................................................ 63, 119
     conveyance ................................................................................................53(6)
     Corruption and Crime
             Commission .................. Sch. 4, cl. 3, 4, cl. 17(2), 4, cl. 18(3), 4, cl. 19(2)
     court ............................................114(1), 134(1), 152(1), 153(1), 208(1), 209(1)
     criminal activity ............................................................................................. 63
     Director of Public Prosecutions......................................................................... 3
     disciplinary action ............................................................................................ 3
     disciplinary offence .......................................................................................... 3
     disclose ............................................................................................................ 3
     examination ..................................................................................................... 3
     exceptional powers......................................................................................... 45
     exceptional powers finding...................................................................45, 46(2)
     FAA Act ..................................................................................................253(1)
     final period...............................................................................................253(1)
     formal authority................................................................................ 119, 121(2)


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                                          Corruption and Crime Commission Bill 2003



                                                                                              Defined Terms



formal variation of an authority.................................................................124(3)
fortification ................................................................................................67(1)
heavily fortified..........................................................................................67(1)
holder of a judicial office............................................................................27(5)
independent agency .......................................................................................... 3
inquiry ............................................................................................................. 3
integrity testing programme.............................................................. 119, 123(1)
interested person ........................................................................................67(1)
investigation............................................................................................... 3, 45
issuing agency.............................................................................................. 102
juvenile ......................................................................................................81(2)
legal experience..........................................................................................10(1)
legal practitioner .............................................................................................. 3
medical practitioner....................................................................................54(1)
misconduct....................................................................................................... 3
misconduct function ...................................................................................18(1)
misconduct matter ......................................................................................41(1)
notation....................................................................................................167(1)
notice or summons ...................................................................................167(1)
notifying authority............................................................................................ 3
officer .......................................................................................................... 102
officer of the Commission ................................................................................ 3
officer of the Corruption and Crime
        Commission ...............................Sch. 4, cl. 10(2), 4, cl. 17(2), 4, cl. 19(2)
officer of the Corruption and Crime Commissioner ...........................Sch. 4, cl. 3
officer of the Parliamentary Inspector ............................................................... 3
officer of the Parliamentary Inspector of the
        Corruption and Crime Commission ........................................Sch. 4, cl. 3
officer participant ......................................................................................... 119
officers.....................................................................................................196(1)
official .....................................................................................................219(1)
official information ......................................................................152(1), 208(1)
official matter.................................................................................99(1), 167(1)
organised crime................................................................................................ 3
organised crime examination ............................................................................ 3
organised crime summons ................................................................................ 3
owner.........................................................................................................67(1)
Parliamentary Commissioner ............................................................................ 3
Parliamentary Inspector ..........................................................3, Sch. 4, cl. 10(2)
Parliamentary Inspector of the Crime and
        Corruption Commission .........................................................Sch. 4, cl. 3
participant .................................................................................................... 119
perform ............................................................................................................ 3
police officer .................................................................................................... 3
Police Royal Commission................................................................................. 3

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Corruption and Crime Commission Bill 2003



Defined Terms



     prevention and education function ..............................................................17(1)
     principal officer of a notifying authority............................................................ 3
     produce ................................................................152(1), 153(1), 208(1), 209(1)
     public authority ................................................................................................ 3
     public officer.................................................................................................... 3
     public service officer ........................................................................................ 3
     reasonable excuse......................................................................................... 157
     received matter................................................................................................. 3
     record.....................................................................................................3, 19(1)
     register......................................................................................................... 102
     registered nurse ..........................................................................................54(1)
     Registrar ...................................................................................................... 102
     related controlled activity .........................................................................132(1)
     relevant material.......................................................................................101(1)
     relevant person .............................................................................152(1), 208(1)
     repealed Act ................................................................................................. 229
     reporting officer .......................................................................................253(1)
     restricted .....................................................................................151(1), 167(1)
     reviewable police action ................................................................................... 3
     Schedule 1 offence ........................................................................................... 3
     section 5 offence ..................................................................3, Sch. 4, cl. 17(12)
     specified...................................................................................................262(1)
     Standing Committee ......................................................................................... 3
     State Records Commission ............................................................................... 3
     subcontractor.................................................................................................... 3
     submission .................................................................................................67(1)
     submission period.......................................................................................69(2)
     the submission period .................................................................................67(1)
     transitional matter.....................................................................................262(1)
     urgent authority................................................................................ 119, 121(2)
     urgent variation of an authority.................................................................124(3)
     warrant.....................................................................................................101(1)
     witness............................................................................................................. 3




 


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