INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 151 Provision of legal assistance to witnesses

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 151

    (1)     Subject to subsection (3), a person appearing as a witness in an examination may apply to the prescribed person for legal assistance in connection with his or her appearance as a witness.

    (2)     The prescribed person—

        (a)     may approve an application made under subsection (1); and

        (b)     may impose—

              (i)     a limit on the legal assistance to be provided; and

              (ii)     any other condition on the approval.

S. 151(2A) inserted by No. 30/2016 s. 41.

    (2A)     The prescribed person, by instrument, may delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004 any power of the prescribed person under this section.

Note

See sections 42 and 42A of the Interpretation of Legislation Act 1984 .

    (3)     If the IBAC certifies in writing that an application to the prescribed person referred to in subsection (1) would prejudice an investigation, the IBAC must nominate another appropriate person for the purposes of the witness in an examination seeking the provision of legal assistance under this section.

    (4)     If the IBAC nominates a person under subsection (3), for the purposes of this section, a reference to the prescribed person is taken to be a reference to that nominated person.

    (5)     For the purposes of this section, "legal assistance" means payment to an Australian legal practitioner or a prescribed person or body for legal advice and representation provided to a person appearing as a witness in an examination.

Division 5—Contempt

S. 152 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)).