Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"ACC" means the Australian Crime Commission.
"ACLEI" : see Australian Commission for Law Enforcement Integrity .
"ACLEI corruption issue " has the meaning given by section 8 .
"AFP" means the Australian Federal Police.
"Assistant Integrity Commissioner" means an Assistant Integrity Commissioner appointed under section 185.
"assisting officer" , in relation to a warrant for a person's arrest or a search warrant, means:
(a) a person who:
(i) is an authorised officer or a member or special member of the AFP; and
(ii) is assisting in executing the warrant; or
(b) a person who:
(i) is not an authorised officer; and
(ii) is not a member or special member of the AFP; and
(ii) has been authorised by the authorised officer who is executing the warrant to assist in executing the warrant.
"Australian Commission for Law Enforcement Integrity or ACLEI" means the Australian Commission for Law Enforcement Integrity established by section 195.
(a) the Integrity Commissioner; or
(b) a person authorised under section 140.
"civil penalty proceeding" means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory.
"civil penalty provision" means a provision of a law of the Commonwealth or of a State or Territory in relation to a contravention of which a civil penalty may be imposed.
"Commonwealth government agency" means:
(a) a Department of the Commonwealth; or
(b) a body (whether incorporated or not) established for a public purpose by, or under, a law of the Commonwealth.
"confiscation proceeding" means a proceeding under:
(a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ; or
(b) a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
"contravene" a certificate issued under section 149 has the meaning given by subsection (4).
"corrupt conduct" : see engages in corrupt conduct .
"corruption investigation" means:
(a) an investigation of a corruption issue under this Act; or
(b) an investigation of an ACLEI corruption issue under this Act (including a special investigation).
"corruption issue" has the meaning given by section 7.
(a) a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or
(b) a confiscation proceeding.
"data" has the same meaning as in Part IAA of the Crimes Act 1914 .
"data held in a computer" has the same meaning as in Part IAA of the Crimes Act 1914 .
"data storage device" has the same meaning as in Part IAA of the Crimes Act 1914 .
(a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
(b) includes action taken under Subdivision D of Division 5 of Part V of the Australian Federal Police Act 1979 .
"eligible seizable item" means anything that:
(a) would present a danger to a person; or
(b) could be used to assist a person to escape from lawful custody.
"employee" of a government agency has a meaning affected by subsection (5).
(a) do an act; or
(b) omit to do an act.
"engages in corrupt conduct" has the meaning given by section 6.
(a) in relation to an investigation warrant--a thing that may be relevant to:
(i) a corruption investigation; or
(ii) a public inquiry; or
(b) in relation to an offence warrant--a thing relevant to an offence against a law of the Commonwealth.
"former NCA" means the National Crime Authority established under section 7 of the former NCA Act.
"former NCA Act" means the National Crime Authority Act 1984 (as in force at any time before the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002 ).
"frisk search" has the same meaning as in Part IAA of the Crimes Act 1914 .
(a) a Department of the Commonwealth or of a State or Territory; or
(b) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
"head" of a government agency means:
(a) if the agency is the AFP--the Commissioner (within the meaning of the Australian Federal Police Act 1979 ); or
(b) if the agency is the ACC--the CEO of the ACC (within the meaning of the Australian Crime Commission Act 2002 ); or
(c) if the agency is a Commonwealth government agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency --the person holding the office in the agency that is prescribed by the regulations for the purposes of this definition; or
(d) if the agency is another Commonwealth government agency:
(i) in the case of a Department of the Commonwealth--the Secretary of the Department; or
(ii) in the case of a body established for a public purpose--the person holding, or performing the duties of, the principal office in respect of the body; or
(e) if the agency is a State or Territory government agency--the person holding, or performing the duties of, the principal office in respect of the agency.
"integrity agency" for a State or Territory means an agency that:
(a) is established by the law of the State or Territory for purposes that include the purpose of investigating corruption in the police force of the State or Territory; and
(b) is prescribed for the purposes of this definition.
"Integrity Commissioner" means the Integrity Commissioner appointed under section 175.
"Inter-Governmental Committee" means the Inter-Governmental Committee established by section 8 of the Australian Crime Commission Act 2002 .
"investigation warrant" means a warrant to search for a thing that may be relevant to:
(a) a corruption investigation; or
(b) a public inquiry.
(a) for an investigation warrant:
(i) a Judge of the Federal Court of Australia sitting in Chambers; or
(ii) a Judge of a court of a State or Territory; or
(iii) a Federal Magistrate; or
(b) for an offence warrant--a magistrate.
"law enforcement agency" means:
(a) the AFP; or
(b) the ACC; or
(c) the former NCA; or
(d) any other Commonwealth government agency that:
(i) has a law enforcement function; and
(ii) is prescribed by the regulations for the purposes of this paragraph.
"law enforcement function" means any of the following functions:
(a) investigating whether:
(i) an offence has been committed against a law of the Commonwealth; or
(ii) there has been a contravention of a law of the Commonwealth in relation to which civil penalty proceedings may be brought;
(b) preparing the material necessary to prosecute a person for an offence against a law of the Commonwealth;
(c) preparing the material necessary to bring civil penalty proceedings against a person for a contravention of a law of the Commonwealth;
(d) collecting, maintaining, correlating, analysing, accessing or distributing information for the purpose of assisting the enforcement of laws of the Commonwealth;
(e) assisting in carrying out a function referred to in paragraphs (a) to (d).
"law enforcement secrecy provision" means:
(a) Part 11 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 ; or
(b) section 45 of the Surveillance Devices Act 2004 ; or
(c) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 ; or
(d) anything done under a provision referred to in paragraphs (a) to (c).
(a) a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or
(b) a person to whom the Attorney‑General has delegated his or her powers and functions under section 103.
"legal practitioner" means a barrister, a solicitor, a barrister and solicitor or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.
"magistrate" means a magistrate who is remunerated by salary or otherwise.
"manage" an investigation of a corruption issue by a law enforcement agency has the meaning given by section 61.
"nominated contact" of a law enforcement agency for an investigation of a corruption issue means:
(a) a staff member of the agency nominated under section 60 as the nominated contact for the investigation; or
(b) if a staff member is not nominated--the head of the agency.
"occupier" of premises means the person apparently in charge of the premises.
"offence warrant" means a warrant to search for a thing relevant to an offence against a law of the Commonwealth.
"official matter" means any of the following (whether past, present or contingent):
(a) a corruption investigation;
(b) a hearing held by the Integrity Commissioner or a special investigator in relation to a corruption investigation;
(c) court proceedings.
"ordinary search" means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket or any gloves, shoes or hat; and
(b) an examination of those items.
"oversee" an investigation of a corruption issue by a law enforcement agency has the meaning given by section 62.
"premises" includes a place, vehicle, vessel and aircraft.
"public inquiry" means a public inquiry conducted by the Integrity Commissioner under Part 8.
"refer" , in relation to an allegation or information, has the meaning given by subsections (2) and (3).
"responsible Minister" for a Commonwealth government agency means:
(a) if the agency is established or continued in existence by an Act--the Minister administering that Act; or
(b) in any other case--the Minister having general responsibility for the activities of the agency.
"search warrant" means an investigation warrant, or an offence warrant, that is issued under section 109:
(a) to search premises; or
(b) to carry out an ordinary search, or frisk search, of a person.
(a) in relation to a law enforcement agency--has the meaning given by subsection 10(5); and
(b) in relation to ACLEI--has the meaning given by subsection 11(2).
(a) a provision of a law of the Commonwealth that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, to prohibit;
the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.
section 149 certified information means:
(a) information about a matter specified in a certificate in force under section 149; or
(b) information contained in a document specified in a certificate in force under section 149.
"sensitive information" means information the disclosure of which:
(a) could prejudice:
(i) the security, defence or international relations of Australia; or
(ii) relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; or
(b) would involve disclosing:
(i) deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or
(ii) deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
(iii) deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
(c) could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to:
(i) the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or
(ii) a corruption investigation; or
(iii) a public inquiry under this Act; or
(d) could endanger a person's life or physical safety; or
(e) could prejudice the protection of public safety; or
(f) could prejudice the fair trial of a person or the impartial adjudication of a matter; or
(g) could prejudice the proper enforcement of the law (including through corruption investigations); or
(h) would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or
(i) would involve unreasonably disclosing a person's personal affairs; or
(j) would involve unreasonably disclosing confidential commercial information.
"serious corruption" means corrupt conduct engaged in by a staff member of a law enforcement agency that could result in the staff member being charged with an offence punishable, on conviction, by a term of imprisonment for 12 months or more.
"significant corruption issue" means:
(a) a corruption issue that relates to corrupt conduct that constitutes serious corruption or systemic corruption; or
(b) a corruption issue that:
(i) relates to a law enforcement agency; and
(ii) is of a kind that the Integrity Commissioner and the head of the agency have agreed under paragraph 17(1)(a) to be a significant corruption issue in relation to staff members of the agency; or
(c) a corruption issue of a kind that is prescribed by the regulations for the purposes of this paragraph.
"special investigation" means a special investigation of an ACLEI corruption issue conducted under Division 4 of Part 12.
"special investigator" means a person conducting a special investigation.
(a) in relation to a law enforcement agency--has the meaning given by subsections 10(1) to (5); and
(b) in relation to ACLEI--has the meaning given by subsection 11(1).
"State or Territory government agency" means:
(a) a Department of a State or Territory; or
(b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
"strip search" has the same meaning as in Part IAA of the Crimes Act 1914 .
"systemic corruption" means instances of corrupt conduct (which may or may not constitute serious corruption) that reveal a pattern of corrupt conduct in a law enforcement agency or in law enforcement agencies.
"taxation secrecy provision" means a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953 .
"thing relevant to an indictable offence" has the same meaning as in the Crimes Act 1914 .
(2) A reference in this Act to a person referring an allegation includes a reference to the person making the allegation.
(3) A reference in this Act to a person referring information includes a reference to the person giving information.
(4) For the purposes of this Act, a disclosure contravenes a certificate issued under section 149 if the disclosure would be contrary to the public interest according to the terms of the certificate.
(5) A reference in this Act to a person being an employee of a government agency includes a reference to a person being a member of a police force of a State or Territory.
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