INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 166 Persons who receive reports or information prior to publication

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 166

S. 166(1) amended by No. 2/2019 s. 129(1).

    (1)     Subject to subsections (3), (4) and (5), a person who receives a proposed report, an advance copy of a report under section 162A, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the report is published by the IBAC in accordance with section 162 or 165 must not disclose any information contained in the proposed report or draft or part of the proposed report unless—

        (a)     the disclosure is permitted under subsection (2); and

        (b)     the advice required by subsection (6) is given at the same time the disclosure is made.

Penalty:     120 penalty units or imprisonment for 12 months or both.

    (2)     For the purposes of subsection (1), a disclosure is permitted if the disclosure—

        (a)     is made in accordance with a direction or authorisation given by the IBAC; or

        (b)     is made by an officer of an entity to other officers of the entity for the purposes of enabling the entity to respond to the proposed report or draft or part of the proposed report; or

        (c)     subject to section 127(2) and (8), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or

S. 166(2)(ca) inserted by No. 2/2019 s. 129(2).

        (ca)     is made by the Secretary to the Department of Premier and Cabinet to relevant officers of the Department of Premier and Cabinet for the purpose of enabling the Premier or the responsible Minister to respond to the report; or

        (d)     is otherwise authorised or required to be made by or under this Act.

    (3)     Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer.

    (4)     Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 .

    (5)     Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is published by the IBAC in a report or has otherwise been made public in accordance with this Act.

    (6)     A person who makes a disclosure of information permitted by subsection (2) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.

Note to s. 166 inserted by No. 30/2016 s. 46(9).

Note

Section 185 applies to an offence against this section.

Pt 8 (Heading and ss 167– 170) inserted by No. 82/2012 s. 258, amended by No. 37/2014 s. 10(Sch. items

85.30–85.33), repealed by No. 70/2016 s. 48, new Pt 8 (Heading and ss 167– 170A)

inserted by No. 2/2019 s. 181.

Part 8—Budget, annual plan and performance audit

New s. 167 inserted by No. 2/2019 s. 181.