INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 13A
Function of investigating matters referred by Electoral Commission
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 13A
Function of investigating matters referred by Electoral Commission
13A Function of investigating matters referred by Electoral Commission
(1) The Commission has the function of investigating conduct that may involve
possible criminal offences under the Electoral Act 2017 , the
Electoral Funding Act 2018 or the Lobbying of Government Officials Act 2011
that the Electoral Commission refers to the Commission for investigation under
this section. (2) The Electoral Commission may refer any such conduct to the
Commission for investigation -- (a) if there are reasonable grounds to suspect
that the conduct may involve a possible criminal offence to which this section
applies (as set out in subsection (9)), or (b) if the conduct is related to
possible corrupt conduct that the Commission is already investigating, whether
or not the time within which proceedings for the possible criminal offence may
be instituted has expired. (3) After a preliminary investigation , the
Commission is to discontinue the investigation if-- (a) the conduct does not
involve any possible criminal offence to which this section applies and is not
related to possible corrupt conduct that the Commission is already
investigating, and the Commission is not otherwise authorised to investigate
the conduct , or (b) the Commission determines it should not carry out any
further investigation . (4) Conduct may be referred under this section to the
Commission for investigation whether or not it involves corrupt conduct . The
fact that the conduct could be so referred does not prevent the Commission
from investigating the conduct without a referral if it is otherwise
authorised by this Act to do so. (5) The following matters are to be taken
into account in determining whether conduct should be referred under this
section for investigation and, if referred, whether the Commission should
investigate -- (a) the primary responsibility of the Electoral Commission to
investigate and prosecute the possible criminal offences concerned, (b) the
seriousness or systemic nature of the matter being investigated , (c) the
complexity of the matter being investigated , (d) the relationship between the
matter being investigated and any other ongoing investigation of the Electoral
Commission , (e) the relationship between the matter being investigated and
any other ongoing investigation of the Commission , (f) the availability of
any other public authority or official with the responsibility or jurisdiction
to investigate or prosecute the possible criminal offences concerned, (g) any
other relevant matter. (6) The Electoral Commission , when it refers conduct
for investigation under this section, must provide the Commission with a
statement of the reasons it referred the matter for investigation . (7) The
Commission , when it determines to investigate conduct referred under this
section after a preliminary investigation , must provide the Electoral
Commission with a statement of the reasons it determined to investigate the
conduct . (8) A report of the Commission under section 74 that relates to an
investigation under this section is to include the statements of reasons under
subsections (6) and (7) in relation to the investigation . (9) This section
applies to the following criminal offences -- (a) Electoral Funding Act 2018
-- section 138 (7) (Provision of false or misleading documents and
information), section 141 (Offences relating to disclosures of political
donations and electoral expenditure), section 142 (Offences relating to
assisting others lodging claims or disclosures), section 143 (Offences
relating to caps on donations and expenditure), section 144 (1) (Offence
relating to scheme to circumvent the donation or expenditure prohibitions or
restrictions), section 145 (1) (Unlawful acts relating to donations etc),
section 146 (False or misleading information), (b) Electoral Act 2017 --
section 72 (False statements), section 95 (4) (False child protection
declarations), section 128 (4) (Questions to be put if voter challenged),
section 160 (Protection of computer hardware and software), section 183
(Printing, publishing and distributing non-complying electoral material),
section 189 (Encouraging ticks or crosses on ballot papers), section 209
(Electoral bribery, treating and selling of votes), section 210 (Interference
with right to vote), section 212 (Impersonation and multiple voting),
section 215 (Display, publish or distribute material falsely appearing to be
made by Electoral Commission ), section 216 (False or misleading declaration
and statements), section 218 (Forging or uttering electoral papers), section
219 (Offence of stuffing ballot box), (c) Lobbying of Government Officials
Act 2011 -- section 15 (Ban on success fees), section 18 (Cooling-off period
for ex-Ministers and ex-Parliamentary Secretaries), (d) an offence against
any of the above Acts, or the regulations under any of the above Acts, that is
prescribed by the regulations for the purposes of this section. Section 117
(4) does not apply to a regulation made under paragraph (d).
http://www.austlii.edu.au/au/legis/nsw/consol_act/icaca1988442/s13a.html