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LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 (NO. 85, 2006)

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Objects of this Act  
  • 4 Application of Act  

PART 2--INTERPRETATION

PART 3--THE INTEGRITY COMMISSIONER

PART 4--DEALING WITH CORRUPTION ISSUES

Division 1--Referring corruption issues to Integrity Commissioner

Division 2--How Integrity Commissioner deals with corruption issues

Subdivision A--General

PART 5--INFORMATION SHARING WHEN DECISION MADE ON HOW TO DEAL WITH CORRUPTION ISSUE

Division 1--Giving information to head of agency conducting investigation

Division 2--Information to be given by law enforcement agency that has already commenced investigation

PART 6--INVESTIGATIONS BY INTEGRITY COMMISSIONER

Division 1--Investigation

  • 47 Application of Division  
  • 48 Integrity Commissioner to determine manner of conducting investigation  
  • 49 Coordinating Integrity Commissioner’s investigation and law enforcement operations  
  • 50 Information sharing for joint investigation  
  • 51 Opportunity to be heard  

Division 2--Reporting

Subdivision A--Reporting during investigation

PART 7--INVESTIGATIONS BY OTHER COMMONWEALTH AGENCIES

Division 1--Nominated contact for investigations by law enforcement agencies

  • 60 Nominating contact for investigation  

Division 2--Managing or overseeing investigations by law enforcement agencies

Division 3--Reporting

Subdivision A--Reporting by law enforcement agencies during investigations

Division 4--Integrity Commissioner to pass on information relevant to agency

PART 8--PUBLIC INQUIRIES INTO CORRUPTION ISSUES

Division 1--Conducting a public inquiry

Division 2--Reporting

PART 9--INTEGRITY COMMISSIONER’S POWERS IN CONDUCTING INVESTIGATIONS AND PUBLIC INQUIRIES

Division 1--Requiring people to give information and produce documents or things

Subdivision A--Requests by Integrity Commissioner

Division 2--Conducting hearings

Subdivision A--General provisions
  • 82 Integrity Commissioner may hold hearings  
  • 83 Integrity Commissioner may summon person  
  • 84 Integrity Commissioner may take evidence outside Australia  
    • Subdivision B--Procedure at hearing
  • 85 Who may be represented at a hearing  
  • 86 Who may be present at a hearing  
    • Subdivision C--Taking evidence at hearing
  • 87 Evidence on oath or by affirmation  
  • 88 Examination and cross-examination of witnesses  
  • 89 Giving evidence in private  
  • 90 Directions in relation to confidentiality  
    • Subdivision D--Prohibitions against disclosing information about a summons
  • 91 Disclosure of summons may be prohibited  
  • 92 Offences of disclosure  
    • Subdivision E--Offences in relation to hearings
  • 93 Offences  
  • 94 Contempt  
  • 95 Legal practitioner not required to disclose privileged communications  
  • 96 Self-incrimination etc.  
    • Subdivision F--Court orders for delivery of witness’s passport and witness’s arrest
  • 97 Integrity Commissioner may apply for order that witness deliver his or her passport  
  • 98 Court orders  
  • 99 Applying for a warrant to arrest witness  
  • 100 Warrant for arrest  
  • 101 Powers of Judge in relation to person arrested  
    • Subdivision G--Miscellaneous
  • 102 Integrity Commissioner may retain documents or things  
  • 103 Person may apply for legal and financial assistance  
  • 104 Protection of Integrity Commissioner etc.  
  • 104A Protection of witnesses etc.  

Division 3--Entering certain places during an investigation without a search warrant

  • 105 Power to enter places occupied by law enforcement agencies  
  • 106 Receipts of things seized under warrant  

Division 4--Search warrants

Subdivision A--Preliminary
  • 107 Application to things under the control of a person  
    • Subdivision B--Applying for a search warrant
  • 108 Authorised officer may apply for a search warrant  
    • Subdivision C--Issue of a search warrant
  • 109 When search warrants may be issued  
  • 110 Content of warrants  
  • 111 Application by telephone etc. and issue of warrant  
  • 112 The things authorised by a search warrant in relation to premises  
  • 113 The things authorised by a search warrant in relation to a person  
  • 114 Restrictions on personal searches  
  • 115 When warrant may be executed etc.  
    • Subdivision D--General provisions about executing a search warrant
  • 116 Announcement before entry  
  • 117 Availability of assistance and use of force in executing a warrant  
    • Subdivision E--Specific provisions about executing a warrant in relation to premises
  • 118 Application  
  • 119 Copy of warrant to be shown to occupier etc.  
  • 120 Occupier entitled to watch search  
  • 121 Specific powers available to person executing a warrant  
  • 122 Use of equipment to examine or process things  
  • 123 Use of electronic equipment at premises without expert assistance  
  • 124 Use of electronic equipment at premises with expert assistance  
  • 125 Person with knowledge of a computer or a computer system to assist access etc.  
  • 126 Accessing data held on other premises—notification to occupier of those premises  
  • 127 Compensation for damage to electronic equipment  
  • 128 Copies of seized things to be provided  
  • 129 Receipts of things seized under warrant  
    • Subdivision F--Specific provisions about executing a warrant in relation to a person
  • 130 Copy of warrant to be shown to person  
  • 131 Conduct of an ordinary search or a frisk search  
    • Subdivision G--Offences
  • 132 Making false statements in warrants  
  • 133 Offence for stating incorrect names in telephone warrants  
  • 134 Offence for unauthorised form of warrant  
  • 135 Offence for executing etc. an unauthorised form of warrant  
  • 136 Offence for giving unexecuted form of warrant  
    • Subdivision H--Miscellaneous
  • 137 Other laws about search, arrest etc. not affected  
  • 138 Law relating to legal professional privilege not affected  

Division 5--Powers of arrest

Division 6--Authorised officers

PART 10--DEALING WITH EVIDENCE AND INFORMATION OBTAINED IN INVESTIGATION OR PUBLIC INQUIRY

  • 142 Evidence of offence or liability to civil penalty  
  • 143 Evidence that could be used in confiscation proceedings  
  • 144 Consultation with law enforcement agency head before taking action under section 142 or 143  
  • 145 Notification of action taken under section 142 or 143  
  • 146 Evidence of breach of duty or misconduct by staff member  
  • 147 Evidence of, or information suggesting, wrongful conviction  

PART 11--ATTORNEY-GENERAL’S CERTIFICATES ABOUT RELEASE OF INFORMATION

PART 12--DEALING WITH ACLEI CORRUPTION ISSUES

Division 1--Referring ACLEI corruption issues to Minister

Division 2--How Minister deals with ACLEI corruption issues

Division 3--Investigation by Integrity Commissioner

  • 159 Application of Division  
  • 160 Investigation and investigative powers  
  • 161 Keeping Minister, and person who referred ACLEI corruption issue, informed of progress of the investigation  
  • 162 Report on investigation  
  • 163 Integrity Commissioner to give report to Minister  
  • 164 Advising person who referred allegation or information about the outcome of the investigation  
  • 165 Advising person whose conduct is investigated of outcome of the investigation  

Division 4--Special investigations

  • 166 Application of Part  
  • 167 Investigation and investigative powers  
  • 168 Keeping Minister, and person who referred ACLEI corruption issue, informed of progress of the investigation  
  • 169 Report on investigation  
  • 170 Special investigator to give report to Minister  
  • 171 Minister may direct Integrity Commissioner to consider taking action  
  • 172 Advising person who referred allegation or information about the outcome of the investigation  
  • 173 Advising person whose conduct is investigated of outcome of the investigation  

Division 5--Staff members of ACLEI to report corrupt conduct

PART 13--ADMINISTRATIVE PROVISIONS

Division 1--Appointment etc

Division 2--Appointment etc

Division 3--The Australian Commission for Law Enforcement Integrity

Division 4--Public reporting

Division 5--Confidentiality requirements

  • 207 Confidentiality requirements for ACLEI staff  
  • 208 Exceptions to confidentiality requirements  
  • 209 Disclosure by Integrity Commissioner in public interest etc.  
  • 210 Opportunity to be heard  
  • 211 ACLEI staff generally not compellable in court proceedings  

PART 14--PARLIAMENTARY JOINT COMMITTEE ON THE AUSTRALIAN COMMISSION FOR LAW ENFORCEMENT INTEGRITY

PART 15--MISCELLANEOUS

  • 219 Delegation  
  • 220 Offence of victimisation  
  • 221 Legal and financial assistance in relation to applications for administrative review  
  • 222 Immunity from civil proceedings  
  • 223 Immunities from certain State and Territory laws  
  • 223A Review of operation of Act  
  • 224 Regulations  

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