No. 66 of 2011
Version incorporating amendments as at
11 September 2024
═══════════════
Version No. 044
Independent Broad-based Anti-corruption Commission Act 2011
No. 66 of 2011
Version incorporating amendments as at
11 September
2024
Endnotes
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 October 2011
Legislative Council: 10 November 2011
The long title for the Bill for this Act was "A Bill for an Act to establish the Independent Broad-based Anti-corruption Commission, to amend the Parliamentary Committees Act 2003 and certain other Acts, and for other purposes."
The Independent Broad-based Anti-corruption Commission Act 2011 was assented to on 29 November 2011 and came into operation on 1 July 2012: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2.
2 Table of Amendments
This publication incorporates amendments made to the Independent Broad-based Anti-corruption Commission Act 2011 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011
Assent Date: |
29.11.11 |
Commencement Date: |
S. 197(4) on 10.2.15: s. 197(4); s. 200(4) inserted on 26.4.21 by No. 11/2021 s. 139: s. 2(2) |
Note: |
S. 200(4) repealed s. 200 on 26.4.23 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Victorian Inspectorate Act 2011, No. 70/2011
Assent Date: |
29.11.11 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012 (as amended by No. 82/2012)
Assent Date: |
20.3.12 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, No. 28/2012 (as amended by No. 82/2012)
Assent Date: |
29.5.12 |
Commencement Date: |
S. 10 on 1.7.12: Special Gazette (No. 222) 29.6.12 p. 1; ss 3–9, 11–31 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012
Assent Date: |
18.9.12 |
Commencement Date: |
Ss 17–19 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 3 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Commission for Children and Young People Act 2012, No. 79/2012
Assent Date: |
18.12.12 |
Commencement Date: |
S. 81 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: |
18.12.12 |
Commencement Date: |
Ss 3–25, 253–258 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; ss 298, 299 on 11.2.13: s. 2(5) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Protected Disclosure Act 2012, No. 85/2012
Assent Date: |
18.12.12 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013
Assent Date: |
26.2.13 |
Commencement Date: |
S. 62 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Integrity Legislation Amendment Act 2013, No. 28/2013
Assent Date: |
15.5.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013
Assent Date: |
6.11.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Assent Date: |
12.11.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Statute Law Revision Act 2013, No. 70/2013
Assent Date: |
19.11.13 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Court Services Victoria Act 2014, No. 1/2014
Assent Date: |
11.2.14 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: |
25.3.14 |
Commencement Date: |
S. 160(Sch. 2 item 49) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015)
Assent Date: |
3.6.14 |
Commencement Date: |
S. 10(Sch. item 85) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: |
2.9.14 |
Commencement Date: |
S. 140(Sch. 3 item 28) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Inquiries Act 2014, No. 67/2014
Assent Date: |
23.9.14 |
Commencement Date: |
Ss 134, 135 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Court Services Victoria and Other Acts Amendment Act 2015, No. 25/2015
Assent Date: |
29.6.15 |
Commencement Date: |
S. 9 on 30.6.15: Special Gazette (No. 183) 30.6.15 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Justice Legislation Further Amendment Act 2016, No. 3/2016
Assent Date: |
16.2.16 |
Commencement Date: |
S. 58 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Judicial Commission of Victoria Act 2016, No. 16/2016
Assent Date: |
19.4.16 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016
Assent Date: |
31.5.16 |
Commencement Date: |
Ss 3(a)(b)(d)–(h), 4–18, 21–49 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; ss 3(c), 19, 20 on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Witness Protection Amendment Act 2016, No. 34/2016
Assent Date: |
15.6.16 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Road Legislation Further Amendment Act 2016, No. 70/2016
Assent Date: |
29.11.16 |
Commencement Date: |
Ss 47, 48 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017
Assent Date: |
16.5.17 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Parliamentary Budget Officer Act 2017, No. 27/2017
Assent Date: |
27.6.17 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: |
27.2.18 |
Commencement Date: |
S. 68(Sch. 2 item 69) on 1.3.19: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)
Assent Date: |
28.8.18 |
Commencement Date: |
S. 40 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019
Assent Date: |
5.3.19 |
Commencement Date: |
S. 196 on 6.3.19: s. 2(1); ss 49–56, 57(Sch. 1 Pt A) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 112–130 on 1.1.20: s. 2(3); ss 179–181 on 1.7.20: s. 2(4) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Audit Amendment Act 2019, No. 12/2019
Assent Date: |
4.6.19 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Guardianship and Administration Act 2019, No. 13/2019
Assent Date: |
4.6.19 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019
Assent Date: |
25.6.19 |
Commencement Date: |
S. 265(1) on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 265(2) on 1.7.20: s. 2(4) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Local Government Act 2020, No. 9/2020
Assent Date: |
24.3.20 |
Commencement Date: |
S. 390(Sch. 1 items 56.1(a), 56.2) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 56.1(b)(c), 56.3−56.5) on 24.10.20: s. 2(3)(f) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020
Assent Date: |
30.6.20 |
Commencement Date: |
Ss 7A–7H on 1.7.20: s. 2 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
Assent Date: |
23.3.21 |
Commencement Date: |
S. 138 on 24.3.21: s. 2(1); ss 126–137, 139, 198 on 26.4.21: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Special Investigator Act 2021, No. 50/2021
Assent Date: |
30.11.21 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
Assent Date: |
15.2.22 |
Commencement Date: |
S. 95 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Mental Health and Wellbeing Act 2022, No. 39/2022
Assent Date: |
6.9.22 |
Commencement Date: |
S. 840 on 1.9.23: s. 2(2) |
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
Assent Date: |
23.5.23 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Special Investigator Repeal Act 2023, No. 31/2023
Assent Date: |
8.11.23 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: |
10.9.24 |
Commencement Date: |
|
Current State: |
This information relates only to the provision/s amending the Independent Broad-based Anti-corruption Commission Act 2011 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] The provisions of this Act have been renumbered and relettered according to sections 298 and 299 of the Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 (repealed).
S. 298 read as follows:
298 Renumbering of sections of the Independent Broad‑based Anti‑corruption Commission Act 2011
The sections of the Independent Broad-based Anti-corruption Commission Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.
Table
Column 1 Section number |
Column 2 Renumbered section number |
---|---|
1 |
1 |
2 |
2 |
3 |
3 |
3A |
4 |
3B |
5 |
3C |
6 |
3D |
7 |
4 |
8 |
5 |
9 |
5A |
10 |
5B |
11 |
6 |
12 |
7 |
13 |
8 |
14 |
9 |
15 |
10 |
16 |
|
|
Column 1 Section number |
Column 2 Renumbered section number |
11 |
17 |
12 |
18 |
13 |
19 |
14 |
20 |
15 |
21 |
16 |
22 |
17 |
23 |
18 |
24 |
19 |
25 |
20 |
26 |
21 |
27 |
22 |
28 |
23 |
29 |
24 |
30 |
25 |
31 |
26 |
32 |
27 |
33 |
28 |
34 |
29 |
35 |
30 |
36 |
31 |
37 |
32 |
38 |
33 |
39 |
33A |
40 |
33B |
41 |
33C |
42 |
33D |
43 |
33E |
44 |
|
|
Column 1 Section number |
Column 2 Renumbered section number |
33F |
45 |
33G |
46 |
33H |
47 |
33I |
48 |
33J |
49 |
33K |
50 |
34 |
51 |
35 |
52 |
36 |
53 |
37 |
54 |
38 |
55 |
39 |
56 |
40 |
57 |
40A |
58 |
40B |
59 |
41 |
60 |
42 |
61 |
43 |
62 |
44 |
63 |
45 |
64 |
46 |
65 |
46A |
66 |
47 |
67 |
47A |
68 |
48 |
69 |
49 |
70 |
49A |
71 |
49B |
72 |
|
|
Column 1 Section number |
Column 2 Renumbered section number |
49C |
73 |
49D |
74 |
49E |
75 |
49F |
76 |
49G |
77 |
49H |
78 |
49I |
79 |
49J |
80 |
50 |
81 |
51 |
82 |
52 |
83 |
53 |
84 |
54 |
85 |
55 |
86 |
56 |
87 |
57 |
88 |
58 |
89 |
59 |
90 |
60 |
91 |
61 |
92 |
62 |
93 |
63 |
94 |
64 |
95 |
65 |
96 |
66 |
97 |
67 |
98 |
Column 1 Section number |
Column 2 Renumbered section number |
67A Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 |
99 |
68 |
100 |
69 |
101 |
70 |
102 |
71 |
103 |
72 |
104 |
73 |
105 |
74 |
106 |
75 |
107 |
76 |
108 |
77 |
109 |
78 |
110 |
79 |
111 |
80 |
112 |
81 |
113 |
82 |
114 |
82A |
115 |
82B |
116 |
82C |
117 |
82D |
118 |
82E |
119 |
82F |
120 |
82G |
121 |
82H |
122 |
|
|
Column 1 Section number |
Column 2 Renumbered section number |
82I |
123 |
82J |
124 |
82K |
125 |
82L |
126 |
82M |
127 |
82N |
128 |
82O |
129 |
82P |
130 |
82PA |
131 |
82Q |
132 |
82R |
133 |
82S |
134 |
82T |
135 |
82U |
136 |
82V |
137 |
82W |
138 |
82X |
139 |
82Y |
140 |
82Z |
141 |
82ZA |
142 |
82ZB |
143 |
82ZC |
144 |
82ZCA Note This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012 |
145 |
82ZD |
146 |
|
|
Column 1 Section number |
Column 2 Renumbered section number |
82ZE |
147 |
82ZF |
148 |
82ZG |
149 |
82ZH |
150 |
82ZI |
151 |
82ZJ |
152 |
82ZK |
153 |
82ZL |
154 |
82ZM |
155 |
82ZN |
156 |
82ZO |
157 |
82ZP |
158 |
83 |
159 |
84 |
160 |
85 |
161 |
86 |
162 |
87 |
163 |
88 |
164 |
89 |
165 |
89A |
166 |
89B |
167 |
89C |
168 |
89D |
169 |
89E |
170 |
90 |
171 |
91 |
172 |
92 |
173 |
93 |
174 |
94 |
175 |
Column 1 Section number |
Column 2 Renumbered section number |
95 |
176 |
96 |
177 |
97 |
178 |
98 |
179 |
99 |
180 |
100 |
181 |
101 |
182 |
101A |
183 |
101B |
184 |
102 |
185 |
103 |
186 |
104 |
187 |
105 |
188 |
106 |
189 |
106A |
190 |
107 |
191 |
108 |
192 |
108A |
193 |
109 |
194 |
110 |
195 |
111 |
196 |
112 |
197 |
113 |
198 |
S. 299 read as follows:
299 Renumbering of other provisions of the Independent Broad‑based Anti-corruption Commission Act 2011
(1) The Parts of the Independent Broad-based Anti‑corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(2) The Divisions of each Part of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(3) The subsections of each section of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)".
(4) The paragraphs of each section or subsection, or of each definition, of the Independent Broad‑based Anti-corruption Commission Act 2011 are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with "(a)".
(5) The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive lower‑case Roman numerals enclosed in parentheses starting with "(i)".
(6) The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear upper-case letters in alphabetical order in parentheses starting with "(A)".
(7) Each provision of the Independent Broad-based Anti-corruption Commission Act 2011 that refers to a provision that has been renumbered or relettered under section 298 or this section is amended by substituting a reference to the provision as renumbered or relettered.
(8) In this section, "provision" includes paragraph, subparagraph and sub-subparagraph.