Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Independent Commission Against Corruption Act 1988:

        (i) to clarify the reference to “serious and systemic corrupt conduct” in
relation to the functions of the Independent Commission Against
Corruption (the Commission), and
        (ii) to increase the maximum penalty for an offence under section 82 of
failing to provide information (or providing false information) to the
Commission, and
        (iii) to ensure that the Commission may make a non-publication order in
respect of any written submissions received by the Commission by
counsel assisting the Commission or by any other person, and
        (iv) to extend the time period within which proceedings for offences against
sections 82 (relating to providing information) and 95 (impersonation of
Commission officer) may be commenced to 3 years (instead of
6 months) from the commission of the alleged offence,

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Independent Commission Against Corruption Amendment Bill 2008
Explanatory note

(b) to amend the definition of public official in the Protected Disclosures Act
1994 to remove any doubt that the Act extends to any individual in the service
of the Crown or of a public authority.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Acts
specified in Schedules 1 and 2 as set out in those Schedules.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Independent
Commission Against Corruption Act
1988 No 35
Schedule 1 [1] clarifies in section 12A the reference to “serious and systemic corrupt
conduct” in relation to the functions of the Commission. It is made clear that the
reference extends to both serious corrupt conduct and systemic corrupt conduct.

Schedule 1 [2] increases the maximum penalty for an offence under section 82
(Offences relating to obtaining information) from 20 penalty units or imprisonment
for 6 months, or both, to 50 penalty units or imprisonment for 12 months, or both.

Schedule 1 [3] makes it clear that the Commission has the power to make a
non-publication order in respect of any written submissions received by the
Commission (including any submissions made by Counsel assisting the
Commission).

Schedule 1 [4] extends the period within which proceedings may be commenced
under sections 82 (Offences relating to obtaining information) and 95 (Impersonation
of officer of Commission) to 3 years from the commission of the alleged offence.

Schedule 1 [5] enables regulations to be made of a savings or transitional nature
consequent on the enactment of the proposed Act.

Schedule 1 [6] contains provisions of a savings and transitional nature to ensure the
amendments made by Schedule 1 [3] and [4] extend to current matters.

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Independent Commission Against Corruption Amendment Bill 2008
Explanatory note
Schedule 2 Amendment of Protected Disclosures
Act 1994 No 92
The Protected Disclosures Act 1994 provides protection for public officials
disclosing corrupt conduct, maladministration and waste of public money.

Schedule 2 amends the definition of public official in that Act to remove any doubt
that the Act extends to any individual in the service of the Crown or of a public
authority.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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