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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 21 Veto of proposed Commissioner

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 21

Veto of proposed Commissioner

    (1)     Subject to subsection (4), the Minister must not make a recommendation under section 20 unless—

S. 21(1)(a) amended by No. 2/2019 s. 196(2).

        (a)     the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee; and

        (b)     either—

S. 21(1)(b)(i) amended by No. 2/2019 s. 196(2).

              (i)     within the time specified in subsection (2) the Integrity and Oversight Committee has informed the Minister that it has decided not to veto the recommendation; or

S. 21(1)(b)(ii) amended by No. 2/2019 s. 196(2).

              (ii)     the time specified in subsection (2) has elapsed and the Integrity and Oversight Committee has not vetoed the recommendation.

S. 21(2) amended by No. 2/2019 s. 196(2).

    (2)     The Integrity and Oversight Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Integrity and Oversight Committee.

S. 21(3) amended by No. 2/2019 s. 196(2).

    (3)     The Integrity and Oversight Committee

        (a)     may decide to veto or not to veto the proposed recommendation;

        (b)     must notify the Minister in writing of its decision within the period specified in subsection (2).

    (4)     Subsections (1) to (3) do not apply to the appointment of the first Commissioner under this Act and the Minister may make the recommendation for the appointment of the first Commissioner after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.