INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - As at 1 March 2024 - Act 35 of 1988
- As at 1 March 2024
- Act 35 of 1988
Table of Provisions
PART 1 - PRELIMINARY
PART 4 - FUNCTIONS OF COMMISSION
Division 1 - Functions generally
- 30 Compulsory examinations
- 31 Public inquiries
- 31A Directions as to presence of persons at compulsory examinations and public inquiries
- 31B Procedural guidelines relating to public inquiries
- 32 Right of appearance of affected person
- 33 Legal representation
- 33A Groups and unincorporated associations
- 34 Examination and cross-examination
- 35 Power to summon witnesses and take evidence
- 36 Arrest of witness
- 36A Conditional release of witness
- 36B Review by Supreme Court
- 37 Privilege as regards answers, documents etc
- 38 Declaration as to objections by witness
- 39 Attendance of prisoner before Commission
- 40 Issue of search warrant
- 41 Authority conferred by warrant
- 42 Duty to show warrant
- 43 Use of force
- 44 Use of assistants to execute warrant
- 45 Execution of warrant by day or night
- 46 Expiry of warrant
- 47 Seizure pursuant to warrant--special provisions
- 48 Search warrants
Division 4A - Disposal of property
- 48A Application to property
- 48B Disposal of property on application to court
- 48C Application to Treasurer for recovery of money or proceeds of sale
- 48D Courts having jurisdiction under this Division
Division 5 - Miscellaneous
- 49 Indemnities and undertakings
50. (Repealed)
- 51 Reimbursement of expenses of witnesses
- 52 Legal and financial assistance for witness
- 52A Investigative powers exercisable after completion of Commission's investigations for purposes of prosecutions
PART 5 - REFERRAL OF MATTERS BY COMMISSION
- 53 Referral of matter
- 54 Report to Commission
- 55 Further action by Commission
- 56 Responsibility of relevant authority
- 57 Revocation of referral, recommendation etc
PART 5A - INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
PART 6 - (Repealed)
None
PART 7A - PARLIAMENTARY ETHICAL STANDARDS
Division 1 - Legislative Council
Division 2 - Legislative Assembly
PART 8 - REFERENCES BY AND REPORTS TO PARLIAMENT
Division 1 - References to Commission by, and reports by Commission to, Parliament
- 73 References by Parliament
- 74 Reports on referred matters etc
- 74A Content of reports to Parliament
- 74B Report not to include findings etc of guilt or recommending prosecution
- 74BA Report may only include findings etc of serious corrupt conduct
- 74C Reports relating to local government and planning authorities
- 74D Reports relating to Aboriginal Land Councils
- 74E Publication of information about time within which investigations and reports on referred matters to be completed
- 75 Special reports
- 76 Annual reports
- 77 Reports relating to authorities
Division 2 - Reports by Inspector
Division 3 - General
- 78 Provisions relating to reports
- 79 References to Presiding Officers
- 79A Right of response to reports of Commission or Inspector containing adverse findings
PART 8A - PROTECTIONS FOR PERSONS ASSISTING COMMISSION OR INSPECTOR
Division 1 - Preliminary
- 79B Objects of Part
- 79C Interpretation
- 79D Meaning of "protected action" and "limited protected action"
- 79E Meaning of "protected obligation"
- 79F Reasonable management action not prevented
- 79G Other provisions not affected
Division 2 - Protections
- 79H Limitation on protections for limited protected action
- 79I Detrimental action offence
- 79J Detrimental action--recovery of damages
- 79K Employer liability for detrimental action by employee
- 79L Injunctions relating to detrimental action
- 79M Immunity from costs orders
- 79N Detrimental action--relationship between criminal and civil proceedings
- 79O Protections from liability
- 79P Undertakings
- 79Q Identifying information not to be disclosed
Division 3 - Additional provisions
- 79R Referrals of evidence
- 79S Arrangements for protection
- 79T Additional protections for witnesses
PART 9 - CERTAIN OFFENCES
- 80 Obstruction of Commission, Inspector and others
- 81 Complaints about possible corrupt conduct
- 82 Offences relating to obtaining information
- 83 Offences relating to obtaining documents etc
- 84 Obstruction of person executing search warrant
- 85 Compulsory examinations and public inquiries
- 86 Failure to attend etc
- 87 False and misleading evidence
- 88 Offences relating to documents or other things
- 89 Procuring false testimony by witness
- 90 Bribery of witness
- 91 Fraud on witness
- 92 Preventing witness from attending
93, 94. (Repealed)
- 95 Impersonation of officer of Commission
- 96 Bribery of officer of Commission
PART 10 - CONTEMPT OF COMMISSION
- 97 Definition
- 98 Contempt in the face or hearing of the Commission
- 99 Punishment of contempt
- 100 General provisions regarding contempt
- 100A Conditional release of offender
- 100B Review by Supreme Court
- 101 Act or omission that is both an offence and contempt
PART 10A - SPECIAL POWERS
PART 11 - MISCELLANEOUS