INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 60 Conducting investigations about corrupt conduct

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 60

    (1)     Subject to subsection (2), the IBAC may conduct an investigation in accordance with its corrupt conduct investigative functions—

        (a)     on a complaint made to it under section 51; or

        (b)     on a notification to it under section 57(1); or

        (c)     on its own motion.

S. 60(2) substituted by No. 30/2016 s. 23(1).

    (2)     The IBAC must not conduct an investigation under subsection (1) unless the IBAC suspects on reasonable grounds that the conduct constitutes corrupt conduct.

    (3)     The IBAC may conduct an investigation under subsection (1) in relation to conduct of, or in relation to—

        (a)     a person who was a public officer at the time of the conduct even if that person is no longer a public officer;

        (b)     a body that was a public body at the time of the conduct even if that body is no longer a public body or has ceased to exist as a body or as a public body;

        (c)     a person referred to in section 4(1)(a) which is, or was, a corporation even if that corporation has been deregistered under the Corporations Act.

    (4)     The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 11 if the IBAC considers that—

        (a)     the conduct is trivial or unrelated to the functions of the IBAC; or

        (b)     the complaint or notification is frivolous or vexatious; or

        (c)     the complaint or notification lacks substance or credibility; or

        (d)     the conduct occurred at too remote a time to justify investigation; or

        (e)     the complaint or notification was not made genuinely or was made primarily for a mischievous purpose.

    (5)     The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 11 unless the IBAC is reasonably satisfied that—

        (a)     it is in the public interest for the IBAC to investigate that conduct; and

S. 60(5)(b) amended by No. 30/2016 s. 23(2).

        (b)     subject to subsection (4), in all the circumstances it is appropriate for the IBAC to investigate that conduct, having regard to the IBAC's functions of identifying and exposing corrupt conduct; and

        (c)     in the case of conduct that another investigatory body has already investigated or decided not to investigate—

              (i)     there is reliable, substantial and highly probative evidence that was not considered by the investigatory body; or

              (ii)     there is reliable, substantial and highly probative evidence that the investigation or decision not to investigate was materially affected by error.

    (6)     In this section—

"investigatory body" means—

        (a)     an integrity body; or

        (b)     any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

S. 61 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).