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

Overview of Bill

The object of this Bill is to amend the Independent Commission Against Corruption
Act 1988 to confer on the Commission the function of investigating and reporting on
connections between political donations and decisions made by elected public
officials (including decisions made by officials acting on behalf of elected public
officials or in the course of their employment in agencies responsible to elected
public officials).

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.

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Explanatory note page 2

Independent Commission Against Corruption Amendment (Political Donations) Bill 2009
Explanatory note
Schedule 1 Amendment of Independent
Commission Against Corruption Act
1988 No 35
Schedule 1 inserts section 13A into the Independent Commission Against
Corruption Act 1988. The new section includes, as a function of the Commission, the
function of conducting on-going investigations into (and reporting on) any
connections between reportable political donations to elected public officials (or to
the political parties to which they belong) and the decisions made by those officials.

The new section provides that there is such a connection if the official makes a
decision that benefits the political donor and the decision is apparently made because
of the donation (whether because it was a benefit to which the political donor was not
reasonably entitled or for any other reason). The elected public officials to whom the
new section applies are elected members of Parliament or of local councils and any
candidates for election to Parliament or to a local council. For the purposes of the
new section, decisions made by officials acting on behalf of elected public officials,
or in the course of their employment in agencies responsible to elected public
officials, are to be regarded as the decisions of the elected public officials.

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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