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CORRUPTION, CRIME AND MISCONDUCT ACT 2003


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary

           Division 1 -- Introduction  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used; relationship with other Acts
            
   4.      Term used: misconduct
            
   5.      Term used: section 5 offence
            
   6.      Application
            
   7.      Act to bind Crown

           Division 2 -- Purpose  

   7A.     Act’s purposes
            
   7B.     How Act’s purposes to be achieved

   PART 2 -- The Corruption and Crime Commission

           Division 1 -- Office of Corruption and Crime Commission  

   8.      Corruption and Crime Commission established
            
   9.      Commissioner and Deputy Commissioner of Corruption and Crime Commission
            
   9A.     Appointment of Commissioner and Deputy Commissioner
            
   9B.     Nominating committee to provide list of persons
            
   9C.     Standing Committee may veto proposed recommendation
            
   10.     Qualifications and eligibility for appointment as Commissioner or Deputy Commissioner
            
   11.     Terms and conditions of service of Commissioner
            
   11A.    Terms and conditions of service of Deputy Commissioner
            
   12.     Removal or suspension of Commissioner or Deputy Commissioner
            
   13.     Declaration of inability to act
            
   13A.    Deputy Commissioner to act as Commissioner
            
   14.     Acting Commissioner
            
   15.     Oath or affirmation of office

           Division 2 -- Functions of Corruption and Crime Commission  

   16.     General functions
            
   18.     Serious misconduct function
            
   19.     Functions in relation to Police Royal Commission
            
   20.     Functions in relation to A-CC
            
   21.     Organised crime functions
            
   21A.    Reviewable police action
            
   21AA.   Prevention and education function: police misconduct
            
   21AB.   Capacity development function: public authorities
            
   21AC.   Information about allegations received or initiated by Public Sector Commissioner
            
   21AD.   Unexplained wealth functions

   PART 3 -- Serious misconduct: role of Commission

           Division 1 -- Assessments and opinions  

   22.     Assessments and opinions as to occurrence of serious misconduct

           Division 2 -- Allegations  

   24.     Allegations of serious misconduct
            
   25.     Any person may report serious misconduct
            
   26.     Commission may make proposition about serious misconduct
            
   27.     Allegation about Commissioner, Deputy Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

           Division 3 -- Duty to notify  

   28.     Certain officers obliged to notify serious misconduct
            
   29.     Duty to notify under s. 28 is paramount
            
   30.     Commission may issue guidelines about notifications
            
   31.     Commission may report breach of duty to report or notify

           Division 4 -- Assessments, opinions and investigation  

   32.     Dealing with allegations
            
   33.     Decision on further action on allegation
            
   34.     Matters to be considered in deciding who should take action
            
   35.     Informant to be notified of decision not to take action
            
   36.     Person investigated can be advised of outcome of investigation
            
   37.     Referring allegation to another agency or authority
            
   38.     Referring allegations to Parliamentary Commissioner or Auditor General
            
   39.     Commission may decide to take other action
            
   40.     Commission’s monitoring role of appropriate authorities
            
   41.     Commission may review how appropriate authority has dealt with serious misconduct
            
   42.     Commission may direct Public Sector Commissioner or appropriate authority not to take action

           Division 5 -- Recommendations  

   43.     Recommendations by Commission
            
   44.     Other action for misconduct

   PART 4A -- Misconduct: role of Public Sector Commissioner

           Division 1 -- Functions in relation to misconduct  

   45A.    Prevention and education function
            
   45B.    Minor misconduct function

           Division 2 -- Minor misconduct

              Subdivision 1 -- Assessments and opinions  

   45C.    Assessments and opinions as to occurrence of minor misconduct

              Subdivision 2 -- Allegations  

   45D.    Allegations of minor misconduct
            
   45E.    Any person may report minor misconduct
            
   45F.    Public Sector Commissioner may make proposition about minor misconduct
            
   45G.    Allegation about Commission, Public Sector Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

              Subdivision 3 -- Duty to notify  

   45H.    Certain officers obliged to notify minor misconduct
            
   45I.    Duty to notify under s. 45H is paramount
            
   45J.    Public Sector Commissioner may issue guidelines about notifications
            
   45K.    Public Sector Commissioner may report breach of duty to report or notify

              Subdivision 4 -- Assessments, opinions and investigations  

   45L.    Dealing with allegations
            
   45M.    Decision on further action on allegation
            
   45N.    Matters to be considered in deciding who should take action
            
   45O.    Informant to be notified of decision not to take action
            
   45P.    Person to whom allegation relates can be advised of outcome of inquiry
            
   45Q.    Action by Public Sector Commissioner: special inquiry or investigation
            
   45R.    Referring allegation to independent agency or appropriate authority under s. 45M(c)
            
           45S. Referring allegations to Parliamentary Commissioner or Auditor General under s. 45M(c)
            
           45T. Referring allegations to Corruption and Crime Commission under s. 45M(d)
            
           45U. Public Sector Commissioner may decide to take other action
            
   45V.    Monitoring of appropriate authorities
            
   45W.    Review of appropriate authority’s handling of minor misconduct

              Subdivision 5 -- Recommendations  

   45X.    Recommendations by Public Sector Commissioner
            
   45Y.    Other action for minor misconduct not affected

           Division 3 -- Reporting  

   45ZA.   Report to Parliament on inquiry or other action
            
   45ZB.   Report to Parliament on further action by appropriate authority
            
   45ZC.   Person subject to adverse report: entitlement of
            
   45ZD.   Annual report under PSMA s. 22D: matters to be included

   PART 4 -- Organised crime: exceptional powers and fortification removal

           Division 1 -- Basis for, and control of, use of exceptional powers  

   45.     Terms used
            
   46.     Exceptional powers finding, making of
            
   47.     Purpose of Divisions 2 to

           Division 2 -- Examination before Commission  

   48.     Commission, on application of police, may summons witnesses
            
   49.     Examination of witnesses by Commissioner of Police
            
   50.     Examination of witness about offence with which witness charged

           Division 3 -- Entry, search and related matters  

   51.     Commission may limit exercise of certain exceptional powers
            
   52.     Section 5 offences, enhanced police powers to enter, search etc. places
            
   53.     Section 5 offences, enhanced police powers to stop, search etc. people and conveyances
            
   54.     Searches of people, conduct of
            
   55.     Power to search includes power to break open
            
   57.     Offences
            
   58.     Police to report on use of powers under this Division
            
   59.     Overseeing exercise of powers under this Division

           Division 4 -- Assumed identities  

   60.     Approval for assumed identity
            
   61.     Police to report on activities undertaken under assumed identity approval
            
   62.     Overseeing exercise of powers under this Division

           Division 5 -- Controlled operations  

   63.     Terms used
            
   64.     Authority to conduct controlled operation and integrity testing
            
   65.     Police to report on controlled operation or integrity testing programme
            
   66.     Overseeing exercise of powers under this Division

           Division 6 -- Fortifications  

   67.     Terms used
            
   68.     Fortification warning notice: issue of
            
   69.     Fortification warning notice: contents of
            
   70.     Giving fortification warning notice
            
   71.     Withdrawal notice
            
   72.     Fortification removal notice: issue of
            
   73.     Fortification removal notice: contents of
            
   74.     Giving fortification removal notice
            
   75.     Fortification removal notice: enforcing
            
   76.     Review of fortification removal notice
            
   77.     Hindering removal or modification of fortifications
            
   78.     Planning and other approval issues
            
   79.     No compensation for removal or modification of fortifications
            
   80.     Protection from liability for wrongdoing

           Division 7 -- General matters  

   81.     Part not applicable to juveniles
            
   82.     Delegation by Commissioner of Police
            
   83.     Judicial review excluded

   PART 5 -- Reporting

           Division 1 -- Reports by Commission on specific matters  

   84.     Report to Parliament on investigation or received matter
            
   85.     Report to Parliament on further action by appropriate authority
            
   86.     Person subject to adverse report, entitlement of
            
   87.     Disclosure of matters in report made under s. 84 or
            
           88. Special reports to Parliament on policy matters
            
   89.     Report under s. 84, 85 or 88 may be made to Minister or Standing Committee instead of to Parliament
            
   90.     Reports about people proposed as police officers or CEOs

           Division 2 -- General reports  

   91.     Annual report to Parliament
            
   92.     Periodical report to Parliament

           Division 3 -- General matters  

   93.     Laying documents before House of Parliament that is not sitting

   PART 6 -- Powers

           Division 1 -- Particular powers to require information or attendance  

   94.     Power to obtain information from public authority or officer
            
   95.     Power to obtain documents and other things
            
   96.     Power to summon witnesses to attend and produce things
            
   97.     Witnesses to attend until released
            
   98.     Powers in relation to things produced
            
   99.     Notation on notice or summons to restrict disclosure

           Division 2 -- Entry, search and related matters  

   100.    Power to enter and search premises of public authority or officer
            
   101.    Search warrants, issue and effect of

           Division 3 -- Assumed identities  

   102.    Terms used
            
   103.    Assumed identity approval, grant of
            
   104.    What assumed identity approval authorises
            
   105.    Issuing evidence of assumed identity
            
   106.    Court orders as to entries in register
            
   107.    Hearing of application under s. 106 or
            
           108. Cancellation of evidence of assumed identity
            
   109.    Cancellation of approval affecting entry in register
            
   110.    Court may order entries in register to be cancelled
            
   111.    Protection from liability
            
   112.    Commission to indemnify agencies and officers
            
   113.    Operation of s. 111 and 112 limited in some cases
            
   114.    Identity of certain officers not to be disclosed in legal proceedings
            
   115.    Information about identity not to be disclosed
            
   116.    Misuse of assumed identity
            
   117.    Admissibility of certain Commission documents
            
   118.    Assumed identity approvals to be reviewed periodically

           Division 4 -- Controlled operations and integrity testing programmes  

   119.    Terms used
            
   120.    Division does not limit certain court powers
            
   121.    Controlled operation, grant of authority to conduct
            
   122.    Limits as to what may be done in, granting authority for, or who may take part in, controlled operation
            
   123.    Integrity testing programme, grant of authority to conduct
            
   124.    Varying authority
            
   125.    Cancelling authority
            
   126.    Effect of authority
            
   127.    Defect in authority
            
   128.    Protection from criminal responsibility for acts in authorised operation
            
   129.    Indemnity against civil liability for officer participants
            
   130.    Requirements to be met to obtain protection from criminal responsibility or indemnity
            
   131.    Effect of being unaware of variation or cancellation of authority
            
   132.    Protection from criminal responsibility for some ancillary activities
            
   133.    Admissibility of certain Commission documents
            
   134.    Identity of certain participants not to be disclosed in legal proceedings

           Division 5 -- General  

   135.    Law of evidence, application to Commission
            
   136.    Ancillary powers of Commission

   PART 7 -- Examinations and deciding claims of privilege and excuse

           Division 1 -- Examinations  

   137.    Commission may conduct examinations
            
   138.    Conduct of examinations
            
   139.    Examination to be private unless otherwise ordered
            
   140.    Public examination, when allowed
            
   141.    Power to examine on oath or affirmation
            
   142.    Legal representation for witnesses and others
            
   143.    Examination of witnesses

           Division 2 -- Claims of privilege and reasonable excuse  

   144.    Legal professional privilege
            
   145.    Use of statements of witness against witness

           Division 3 -- General  

   146.    Witnesses’ expenses
            
   147.    Protection of Commission, legal representatives and witnesses

   PART 8 -- Arrest warrants  

   148.    Arrest warrants, issue and execution of
            
   149.    Conditional release of arrested person
            
   149A.   Provision for overnight detention
            
   150.    Supreme Court may review detention of arrested person

   PART 9 -- Disclosure, secrecy and protection of witnesses  

   151.    Disclosure of certain information restricted
            
   152.    Disclosure by Commission or its officers
            
   153.    Disclosure by other officials
            
   154.    Exclusion of other laws
            
   155.    Application of Telecommunications (Interception and Access) Western Australia Act 1996
            
   156.    Witness protection arrangements, Commission may make

   PART 10 -- Contempt  

   157.    Term used: reasonable excuse
            
   158.    Failing to comply with notice given under s. 94 or
            
           159. Failing to obey summons issued under s.
            
   160.     Failing to be sworn or to give evidence when summonsed
            
   160A.   Contempts in relation to examination orders under the Criminal Property Confiscation Act 2000
            
   161.    Hindering execution of search warrants
            
   162.    Other contempts of Commission
            
   163.    Punishment of contempt of Commission
            
   164.    Conduct that is both a contempt and an offence

   PART 11 -- Offences  

   165.    Obstructing Commission, Parliamentary Inspector or their officers
            
   166.    Malicious disclosure of false allegation of misconduct
            
   167.    Disclosure contrary to notation under s.
            
   168.     Giving false testimony
            
   169.    Bribery of witness
            
   170.    Fraud on witness
            
   171.    Destroying evidence
            
   172.    Preventing witness from attending
            
   173.    Injury or detriment to witness
            
   174.    Dismissal by employer of witness
            
   175.    Victimisation
            
   176.    Pretending to be officer
            
   177.    Summary conviction of crimes
            
   177A.   Limitation period for prosecution of simple offences

   PART 12 -- Administration

           Division 1 -- Staff  

   178.    Commission not SES organisation
            
   179.    Staff of Commission
            
   180.    Entitlements of public service officers
            
   181.    Secondment of staff and use of facilities
            
   182.    Engagement of service providers
            
   183.    Oath of secrecy for officers
            
   184.    Appointment and functions of authorised officers
            
   185.    Delegation by Commission

           Division 2 -- Financial provisions  

   186.    Funds of Commission
            
   187.    Application of Financial Management Act 2006 and Auditor General Act 2006

   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 Corruption and Crime Commission, office established
            
   189.    Parliamentary Inspector, appointment of
            
   190.    Qualifications for appointment as Parliamentary Inspector
            
   191.    Terms and conditions of service of Parliamentary Inspector
            
   192.    Removal or suspension of Parliamentary Inspector
            
   193.    Acting Parliamentary Inspector
            
   194.    Oath or affirmation of office

           Division 2 -- Functions of the Parliamentary Inspector  

   195.    Functions
            
   196.    Powers
            
   197.    Inquiries
            
   198.    Parliamentary Inspector not to interfere with Commission’s operations

           Division 3 -- Reporting  

   199.    Report to Parliament may be given at any time
            
   200.    Person subject to adverse report, entitlement of
            
   201.    Report under s. 199 may be made to Standing Committee instead of Parliament
            
   202.    Disclosure of matters in report
            
   203.    Annual report to Parliament
            
   204.    Periodical report to Parliament
            
   205.    Reports not to include certain information
            
   206.    Laying documents before House of Parliament that is not sitting

           Division 4 -- Disclosure  

   207.    Restriction on disclosure generally
            
   208.    Disclosure by Parliamentary Inspector or officer
            
   209.    Disclosure by other officials

           Division 5 -- Staff  

   210.    Staff of Parliamentary Inspector
            
   211.    Entitlements of public service officers
            
   212.    Secondment of staff and use of facilities
            
   213.    Engagement of service providers
            
   214.    Oath of secrecy for officers

           Division 6 -- Financial provisions  

   215.    Funds of Parliamentary Inspector
            
   216.    Application of Financial Management Act 2006 and Auditor General Act 2006

   PART 13A -- Standing Committee  

   216A.   Standing committee of Houses of Parliament

   PART 14 -- Other matters  

   217A.   Findings and opinions of Commission or Public Sector Commissioner
            
   217.    Facilitating proof of certain documents
            
   218.    Disclosure of material personal interests
            
   219.    Protection from liability
            
   220.    Protection of persons making allegations and certain disclosures and giving information
            
   221.    Protection for compliance with this Act
            
   222.    Proceedings for defamation not to lie
            
   223.    Privilege, protection or immunity not limited or abridged
            
   223A.   Disposal of things seized under this Act
            
   224.    Records of Commission
            
   225.    Execution of documents by Commission
            
   226.    Review of Act
            
   226A.   Review of 2018 amendments to Act
            
   227.    Regulations

   PART 15 -- Transitional matters

           Division 1 -- Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014  

   228.    Transitional provision for Corruption and Crime Commission Amendment (Misconduct) Act 2014

           Division 2 -- Transitional provisions for Corruption, Crime and Misconduct Amendment Act 2024  

   229.    Terms used
            
   230.    Advertising by nominating committee before transition day
            
   231.    Person on list submitted by nominating committee before transition day
            
   232.    References to Commissioner appointed under s. 9A(1)
            
   233.    Person taken to be acting for reason mentioned in s. 14(1)(b)
           SCHEDULE 1 -- Offences that may be relevant for Part 4
           SCHEDULE 2 -- Terms and conditions of service of Commissioner  
           SCHEDULE 2A -- Terms and conditions of service of Deputy Commissioner  
           SCHEDULE 3 -- Terms and conditions of service of Parliamentary Inspector  


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