INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (A STRONGER SYSTEM) ACT 2016 (NO. 30 OF 2016)
Table of Provisions
PART 1--PRELIMINARY
PART 2--INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011
- 3 Amendment of section 3—Definitions
- 4 Amendment of section 4—Corrupt conduct
- 5 Amendment of section 8—Objects of Act
- 6 Amendment of section 11—Conduct occurring before the commencement of this section
- 7 New section 11A inserted—Determination of matter previously considered by the IBAC
- 8 Amendment of section 15—Functions of the IBAC
- 9 Consequential repeal of section 17—Delegation
- 10 Amendment of section 30—Acting appointment
- 11 Section 32 substituted—Delegations
- 12 Consequential amendment to section 37
- 13 Amendment of section 41—Disclosure or provision of information by the IBAC
- 14 Amendment of section 42—Confidentiality notice
- 15 Amendment of section 44—Disclosure subject to confidentiality notice
- 16 Amendment of section 47—Protected documents and other things in proceedings, processes or actions other than criminal proceedings
- 17 Amendment of section 48—Production and inspection of protected documents and things in criminal proceedings
- 18 Amendment of section 56—The IBAC may receive information
- 19 Amendment of section 57—Notifications to the IBAC
- 20 New sections 57A and 57B inserted
- 21 Amendment of section 59—Notice of dismissal, investigation or referral of complaint or notification
- 22 New Division 3A inserted in Part 3—Preliminary inquiries
- 23 Amendment of section 60—Conducting investigations about corrupt conduct
- 24 Amendment of section 66—Conducting investigations into protected disclosure complaints about detrimental action
- 25 Amendment of section 68—When certain complaints or notifications to the IBAC are dismissed
- 26 Amendment of section 73—Referral of complaint or notification for investigation by another person or body
- 27 Amendment of section 85—The Commissioner must authorise use of powers under this Division
- 28 Amendment of section 91—Search warrant
- 29 Amendment of section 115—Power to hold examinations
- 30 Amendment of section 118—Offence to be present at examination
- 31 Amendment of section 119—The IBAC may give directions
- 32 Amendment of section 124—Service of witness summons
- 33 Amendment of section 126—Witness already held in custody
- 34 New section 129A inserted—The IBAC may issue suppression order
- 35 Amendment of section 130—Actions to be taken before questioning of a witness or requiring production of a document or other thing
- 36 Amendment of section 136—Offence for summoned witness to refuse or fail to answer question
- 37 Amendment of section 139—Warrant to arrest witness who fails to appear
- 38 Amendment of section 140—Bail for person arrested
- 39 Amendment of section 142—Report to Victorian Inspectorate on issue of arrest warrant
- 40 Section 150 substituted—Reimbursement of expenses of certain witnesses
- 41 Amendment of section 151—Provision of legal assistance to witnesses
- 42 Amendment of section 163—Advice to a complainant and other persons
- 43 Amendment of section 180—Offence to hinder or obstruct an IBAC officer
- 44 Section 185 substituted
- 45 Amendment of section 196—Regulations—specific matters
- 46 Insertion of notes
- 47 Amendment of section 189—Power to bring proceedings
- 48 Amendment of section 190—Power for the IBAC to bring criminal proceedings
- 49 Amendments relating to the Legal Profession Uniform Law (Victoria)
PART 3--AUDIT ACT 1994
- 50 Amendment of section 16AB—Transmission of reports to Parliament
- 51 Amendment of section 19A— Mandatory notification of corrupt conduct to IBAC
- 52 Amendment of section 19B—Mandatory notification to Victorian Inspectorate
- 53 Amendment of section 19C—Communication of information to specified persons or bodies
- 54 Amendment of section 20A—Improper use of information
PART 4--OMBUDSMAN ACT 1973
- 55 Amendment of section 2—definitions
- 56 Amendment of section 13A —Conducting of enquiries
- 57 Amendment of section 14—Making a complaint
- 58 Amendment of section 15—How the Ombudsman is to deal with certain complaints
- 59 Amendment of section 15A—Ombudsman may refuse to deal with certain complaints
- 60 Amendment of section 15C—Ombudsman must investigate protected disclosure complaints
- 61 Amendment of section 15E—Ombudsman may refuse to investigate certain protected disclosure complaints
- 62 Amendment of section 16A—Ombudsman may conduct own motion investigation
- 63 Amendment of section 16E—Notification to IBAC
- 64 Amendment of section 16F—Notification to the Victorian Inspectorate
- 65 Amendment of section 16L—Disclosure of information by the Ombudsman
- 66 New section 16M inserted—Disclosure of information for specified purposes
- 67 Amendment of section 17—Procedure relating to investigations
- 68 Amendment of section 25AA—Transmission of sections 23(6) and 25 reports to Parliament
- 69 Amendment of section 26A—Unauthorised disclosure
- 70 Amendments relating to gender neutral language
PART 5--PUBLIC INTEREST MONITOR ACT 2011
- 71 Amendment of section 8—Eligibility for appointment
- 72 Amendment of section 12—Vacancy and registration
- 73 Amendment of section 17—Confidentiality
- 74 New section 17A inserted—Immunity
PART 6--VICTORIAN INSPECTORATE ACT 2011
- 75 New section 12A inserted—Specific powers in relation to the IBAC
- 76 New Division 1A inserted in Part 6—Preliminary inquiries
--Divisions 2 and 3 do not apply to, or in respect of, a preliminary inquiry.
- 77 Amendment relating to the Legal Profession Uniform Law (Victoria)
PART 7--AMENDMENT OF OTHER ACTS
PART 8--AUDIT ACT 1994--ACCOUNTABILITY AMENDMENTS
- 90 Amendment of section 1—Purposes
- 91 Amendment of section 3—Definitions
- 92 Amendment of section 3A—Objectives
- 93 New section 3B inserted—Extra-territorial operation of Part 3
- 94 Amendment of section 7A—Auditor-General's annual plan
- 95 Consequential amendment of section 11D—Advance notice of performance audits
- 96 Amendment of section 12—Access to information
- 97 Amendment of section 15—Performance audits
- 98 Amendment of section 16—Audit reports to Parliament
- 99 New section 16FA inserted—Collaboration with other Auditors-General
- 100 Amendment of section 20A—Improper use of information
- 101 Repeals
PART 9--REPEAL OF AMENDING ACT