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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Independent Commission Against
Corruption Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Independent Commission Against
Corruption Act 1988 No 35 3
Schedule 2 Amendment of Protected Disclosures Act 1994 No 92 5
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Independent Commission Against
Corruption Amendment Bill 2008
Act No , 2008
An Act to amend the Independent Commission Against Corruption Act 1988 in
relation to proceedings for offences and other matters; and to amend the Protected
Disclosures Act 1994 in relation to the public officials covered by that Act.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Independent Commission Against Corruption Amendment Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Independent Commission Against Corruption
Amendment Act 2008.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Acts
The Acts specified in Schedules 1 and 2 are amended as set out in those
Schedules.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Independent Commission Against Corruption Amendment Bill 2008
Amendment of Independent Commission Against Corruption Act 1988 Schedule 1
No 35
Schedule 1 Amendment of Independent
Commission Against Corruption Act
1988 No 35
(Section 3)
[1] Section 11 Duty to notify Commission of possible corrupt conduct
Omit "officers" from section 11 (1). Insert instead "persons".
[2] Section 11 (1) (e)
Insert after section 11 (1) (d):
(e) a Minister of the Crown.
[3] Section 11 (2)
Omit "An officer" and "the officer".
Insert instead "A person" and "the person", respectively.
[4] Section 11 (3)
Insert after section 11 (3):
(3A) A Minister of the Crown who is under a duty under this section
to report a matter may (despite subsection (2)) report the matter
either to the Commission or to the head of any agency responsible
to the Minister.
[5] Section 12A Serious corrupt conduct and systemic corrupt conduct
Omit "serious and systemic corrupt conduct".
Insert instead "serious corrupt conduct and systemic corrupt conduct".
[6] Section 82 Offences relating to obtaining information
Omit "20 penalty units or imprisonment for 6 months".
Insert instead "50 penalty units or imprisonment for 12 months".
[7] Section 112 Restriction on publication of evidence
Insert at the end of section 112 (1) (d):
or
(e) any written submissions received by the Commission
(including, but not limited to, submissions made by
Counsel assisting the Commission),
Page 3
Independent Commission Against Corruption Amendment Bill 2008
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988
No 35
[8] Section 116 Proceedings for offences
Omit "section 80 (c) or 81" from section 116 (4).
Insert instead "section 80 (c), 81, 82 or 95".
[9] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Independent Commission Against Corruption Amendment Act
2008
[10] Schedule 4, Part 8
Insert at the end of the Schedule:
Part 8 Provisions consequent on enactment of
Independent Commission Against
Corruption Amendment Act 2008
22 Definition
In this Part:
amending Act means the Independent Commission Against
Corruption Amendment Act 2008.
23 Restriction on publication of written submissions
The amendment made to section 112 by the amending Act
extends to any written submissions received by the Commission
before the commencement of the amendment.
24 Commencement of proceedings under section 82 or 95
The amendment made to section 116 by the amending Act
extends to offences committed, or alleged to have been
committed, before the commencement of the amendment.
25 Operation of amendments to section 11
Section 11, as amended by the amending Act, extends to possible
corrupt conduct that occurred before the date of assent to that
Act.
Page 4
Independent Commission Against Corruption Amendment Bill 2008
Amendment of Protected Disclosures Act 1994 No 92 Schedule 2
Schedule 2 Amendment of Protected Disclosures
Act 1994 No 92
(Section 3)
Section 4 Definitions
Omit "and (without limitation), includes" from the definition of public
official.
Insert instead "and (without limitation and to avoid doubt), includes an
individual in the service of the Crown or of a public authority,".
Page 5
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