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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corruption and Crime Commission Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Misconduct 8
5. Section 5 offences 10
6. Application 10
7. Act to bind the Crown 10
Part 2 -- The Corruption and Crime
Commission
Division 1 -- Office of Corruption and Crime
Commission
8. Corruption and Crime Commission 11
9. Corruption and Crime Commissioner 11
10. Qualifications for appointment 12
11. Terms and conditions of service 12
12. Removal or suspension of Commissioner 12
13. Declaration of inability to act 13
14. Acting appointment 13
15. Oath or affirmation of office 15
Division 2 -- Functions of Corruption and Crime
Commission
16. Commission's general functions 15
17. Commission's prevention and education function 15
18. Commission's misconduct function 16
19. Commission's functions in relation to Police Royal
Commission 18
20. Commission's functions in relation to the A-CC 19
203--2B page i
Corruption and Crime Commission Bill 2003
Contents
21. Commission's organised crime functions 19
Part 3 -- Misconduct
Division 1 -- Assessments and opinions
22. Assessments and opinions 20
23. Commission must not decide as to commission of
offence 20
Division 2 -- Allegations
24. Allegations 21
25. Any person may report misconduct 21
26. Proposition by Commission 22
27. Allegation about Commissioner, Parliamentary
Inspector or judicial officer not to be received or
initiated 22
Division 3 -- Duty to notify
28. Notification of misconduct 23
29. Duty to notify is paramount 25
30. Commission may issue guidelines about notifications 25
31. Commission may report failure to comply 25
Division 4 -- Assessments, opinions and
investigation
32. Dealing with allegations 26
33. Decision on further action 26
34. Matters to be considered in deciding who should take
action 26
35. Informant to be notified of decision not to take action 27
36. Referral by Commission 27
37. Referrals to Parliamentary Commissioner or Auditor
General 27
38. Commission may decide to take other action 28
39. Commission's monitoring role 28
40. Commission may review dealings with misconduct 29
41. Commission may direct authority not to take action 30
Division 5 -- Recommendations
42. Recommendations by Commission 31
43. Independent agency must notify person of
recommendation 32
44. Other action for misconduct 32
page ii
Corruption and Crime Commission Bill 2003
Contents
Part 4 -- Organised crime: exceptional
powers and fortification removal
Division 1 -- Basis for, and control of, use of
exceptional powers
45. Terms used in this Part 33
46. Finding as to grounds for exercising exceptional
powers 33
47. Scope of Divisions 2 to 5 34
Division 2 -- Examination before Commission
48. Summoning witnesses to attend and produce things on
application of Commissioner of Police 34
49. Examination of witnesses by Commissioner of Police 34
50. Offences for which a person stands charged 35
Division 3 -- Entry, search and related matters
51. Commission may limit exercise of power 35
52. Enhanced power to enter, search, and detain 36
53. Enhanced power to stop, detain, and search 37
54. Provisions about searching a person 38
55. Extension of power to search 39
56. Things that have been seized 39
57. Offences under this Division 40
58. Report on use of powers 40
59. Overseeing exercise of powers under this Division 41
Division 4 -- Assumed identities
60. Approval for assumed identity 41
61. Report about assumed identity approval 42
62. Overseeing exercise of powers under this Division 42
Division 5 -- Controlled operations
63. Terms used in this Division 43
64. Authority to conduct controlled operation and
integrity testing 43
65. Report about controlled operation or integrity testing
programme 44
66. Overseeing exercise of powers under this Division 45
Division 6 -- Fortifications
67. Terms used in this Division 45
68. Issuing fortification warning notice 46
69. Contents of fortification warning notice 47
page iii
Corruption and Crime Commission Bill 2003
Contents
70. Giving fortification warning notice 47
71. Withdrawal notice 48
72. Issuing fortification removal notice 49
73. Contents of fortification removal notice 49
74. Giving fortification removal notice 50
75. Enforcing fortification removal notice 50
76. Review of fortification removal notice 51
77. Hindering removal or modification of fortifications 52
78. Planning and other approval issues 53
79. No compensation 53
80. Protection from liability for wrongdoing 53
Division 7 -- General matters
81. Part not applicable to juveniles 54
82. Delegation by Commissioner of Police 54
83. Judicial supervision excluded 54
Part 5 -- Reporting
Division 1 -- Reports by Commission on specific
matters
84. Report to Parliament on investigation or received
matter 55
85. Report to Parliament on further action by appropriate
authority 55
86. Contents of reports 56
87. Disclosure of matters in report 56
88. Special reports 57
89. Report to the Minister, other Ministers or a Standing
Committee 57
90. Reports concerning police officers and chief executive
officers 57
Division 2 -- General reports
91. Annual report to Parliament 58
92. Periodical report to Parliament 60
Division 3 -- General matters
93. Laying documents before House of Parliament that is
not sitting 61
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Corruption and Crime Commission Bill 2003
Contents
Part 6 -- Powers
Division 1 -- Particular powers to require
information or attendance
94. Power to obtain statement of information 62
95. Power to obtain documents and other things 63
96. Power to summon witnesses to attend and produce
things 64
97. Witnesses to attend while required 64
98. Power of Commission in relation to things produced 64
99. Notation on notice or summons to restrict disclosure 65
Division 2 -- Entry, search and related matters
100. Power to enter and search public premises 67
101. Search warrants 68
Division 3 -- Assumed identities
102. Terms used in this Division 69
103. Approval for assumed identity 70
104. What an approval authorises 71
105. Issuing evidence of assumed identity 72
106. Court orders as to entries in register 72
107. Hearing of application 73
108. Cancellation of evidence of assumed identity 73
109. Cancellation of approval affecting entry in register of
births, deaths and marriages 74
110. Cancelling entries in register of births, deaths and
marriages 74
111. Protection from liability 74
112. Indemnity 75
113. Particular skills or qualifications 75
114. Identity of certain officers not to be disclosed in legal
proceedings 76
115. Information not to be disclosed 76
116. Misuse of assumed identity 77
117. Evidence 77
118. Review 78
Division 4 -- Controlled operations and integrity
testing programmes
119. Terms used in this Division 78
120. Provisions are not to affect certain matters 79
121. Authority to conduct controlled operation 79
page v
Corruption and Crime Commission Bill 2003
Contents
122. Certain matters not to be authorised 81
123. Authority to conduct integrity testing programme 82
124. Variation of authority 83
125. Cancellation of authority 84
126. Effect of authority 84
127. Defect in authority 84
128. Protection from criminal responsibility 84
129. Indemnification of participants against civil liability 85
130. Requirements that must be met to obtain protection
from criminal responsibility or indemnity 86
131. Effect of being unaware of variation or cancellation of
authority 86
132. Protection from criminal responsibility for certain
ancillary activities 87
133. Evidence 87
134. Identity of certain participants not to be disclosed in
legal proceedings 87
Division 5 -- General
135. Evidence 88
136. Ancillary powers 88
Part 7 -- Examinations and deciding
claims of privilege and excuse
Division 1 -- Examinations
137. Commission may conduct examinations 89
138. Conduct 89
139. Examination to be private unless otherwise ordered 89
140. Public examination 90
141. Power to examine on oath or affirmation 90
142. Legal representation 90
143. Examination 91
Division 2 -- Claims of privilege and reasonable
excuse
144. Legal professional privilege 91
145. Use of statements obtained 92
Division 3 -- General
146. Allowances for witnesses 92
147. Protection of Commission, legal representatives and
witnesses 93
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Corruption and Crime Commission Bill 2003
Contents
Part 8 -- Arrest warrants
148. Arrest 94
149. Conditional release from custody 95
150. Review by Supreme Court 96
Part 9 -- Disclosure, secrecy and
protection of witnesses
151. Disclosure generally 97
152. Disclosure by the Commission or officers of the
Commission 99
153. Disclosure by other officials 101
154. Exclusion of other laws 102
155. Application of Telecommunications (Interception)
Western Australia Act 1996 102
156. Witness protection arrangements 102
Part 10 -- Contempt
157. Meaning of "reasonable excuse" 104
158. Penalty for failing to comply with notice 104
159. Penalty for failing to attend or produce anything 104
160. Penalty for failing to be sworn or to give evidence 105
161. Penalties in relation to search warrants 105
162. Other contempt of Commission 106
163. Punishment of contempt 106
164. Conduct that is contempt and offence 107
Part 11 -- Offences
165. Obstructing or hindering the Commission, the
Parliamentary Inspector or an officer 108
166. Malicious disclosure of false allegation 108
167. Disclosure contrary to notation on summons 108
168. Giving false testimony 110
169. Bribery of witness 110
170. Fraud on witness 111
171. Destroying evidence 111
172. Preventing witness from attending 111
173. Injury or detriment to witness 111
174. Dismissal by employer of witness 112
175. Victimisation 112
176. Pretending to be officer 113
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Corruption and Crime Commission Bill 2003
Contents
177. Summary conviction of crimes 113
Part 12 -- Administration
Division 1 -- Staff
178. Commission is not an SES organisation 114
179. Staff of the Commission 114
180. Service as public service officer 114
181. Secondment of staff and use of facilities 115
182. Engagement of service providers 116
183. Oath or affirmation 117
184. Authorised officers 117
185. Delegation 118
Division 2 -- Financial provisions
186. Funds of Commission 119
187. Application of Financial Administration and Audit
Act 1985 120
Part 13 -- Parliamentary Inspector of
the Corruption and Crime
Commission
Division 1 -- Office of Parliamentary Inspector of
the Corruption and Crime Commission
188. Parliamentary Inspector of the Corruption and Crime
Commission 121
189. Appointment of Parliamentary Inspector 121
190. Qualifications for appointment 121
191. Terms and conditions of service 122
192. Removal or suspension of Parliamentary Inspector 122
193. Acting appointment 123
194. Oath or affirmation of office 124
Division 2 -- Functions of the Parliamentary
Inspector
195. Functions 125
196. Powers 126
197. Inquiries 127
198. Parliamentary Inspector not to interfere with
Commission's operations 128
page viii
Corruption and Crime Commission Bill 2003
Contents
Division 3 -- Reporting
199. Report to Parliament 128
200. Contents of report 129
201. Report to a Standing Committee 129
202. Disclosure of matters in report 129
203. Annual report to Parliament 129
204. Periodical report to Parliament 130
205. Reports not to include certain information 130
206. Laying documents before House of Parliament that is
not sitting 131
Division 4 -- Disclosure
207. Restriction on disclosure generally 132
208. Disclosure by Parliamentary Inspector or officer 132
209. Disclosure by other officials 134
Division 5 -- Staff
210. Staff of the Parliamentary Inspector 135
211. Service as public service officer 135
212. Secondment of staff and use of facilities 136
213. Engagement of service providers 137
214. Oath or affirmation 137
Division 6 -- Financial provisions
215. Funds of Parliamentary Inspector 138
216. Application of Financial Administration and Audit
Act 1985 138
Part 14 -- Other matters
217. Facilitating proof of certain things 140
218. Disclosure of interests 140
219. Protection against liability 141
220. Protections as to allegations and information 142
221. Protection for compliance with this Act 143
222. Proceedings for defamation not to lie 143
223. Privilege, protection or immunity not limited or
abridged 143
224. Records 143
225. Execution of documents by Commission 144
226. Review of Act 145
227. Regulations 145
page ix
Corruption and Crime Commission Bill 2003
Contents
Part 15 -- Repeals, transitional and
savings provisions, and
consequential amendments
Division 1 -- General
228. Interpretation Act 1984 applies 146
Division 2 -- Criminal Investigation (Exceptional
Powers) and Fortification Removal Act 2002
229. Meaning of terms used in this Division 146
230. Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 repealed 146
231. Continuing protection of witnesses 146
Division 3 -- Anti-Corruption Commission Act 1988
Subdivision 1 -- Amendments to the Anti-
Corruption Commission Act 1988
232. The Act amended 147
233. Long title replaced 147
234. Section 3 amended 148
235. Section 12 amended 148
236. Part II Division 3 repealed 148
237. Section 17 amended 148
238. Section 19 amended 149
239. Section 48A inserted 149
Subdivision 2 -- Repeal of the Anti-Corruption
Commission Act 1988 and transitional and
savings provisions
240. Meaning of terms used in this Division 151
241. Anti-Corruption Commission Act 1988 repealed 151
242. References to repealed Act and former titles 151
243. Transfer of assets and liabilities to Commission 151
244. Notices and requests 152
245. Proceedings 152
246. Continuation of allegations 152
247. Offences 153
248. Completion of things done 153
249. Continuing effect of things done 153
250. Warrants and emergency authorisations continued in
force 153
251. Transfer of records 154
page x
Corruption and Crime Commission Bill 2003
Contents
252. A-CC officers 154
253. Financial reporting 156
Division 4 -- Royal Commission (Police) Act 2002
254. Powers of Commission regarding matters related to
Police Royal Commission 157
255. Warrants and emergency authorisations continued in
force 157
256. Assumed identity approvals continue in force 158
257. Records 158
258. Amendment to Royal Commission (Police) Act 2002 158
Division 5 -- Parliamentary Commissioner Act 1971
259. Parliamentary Commissioner Act 1971 amended 159
260. Parliamentary Commissioner must refer certain
investigations to Commission 159
Division 6 -- Consequential amendments to other
Acts
261. Other Acts amended 160
Division 7 -- General
262. Further transitional provisions may be made 160
Schedule 1 -- Offences that may be
relevant for Part 4 162
Schedule 2 -- Terms and conditions of
service of Commissioner 164
1. Tenure of office 164
2. Terms of appointment 164
3. Remuneration, leave and entitlements 164
4. Provisions where Commissioner was Judge 165
5. Provisions where Commissioner was public service
officer 166
6. Resignation 166
7. Vacancy 166
Schedule 3 -- Terms and conditions of
service of Parliamentary Inspector 168
1. Tenure of office 168
2. Terms of appointment 168
page xi
Corruption and Crime Commission Bill 2003
Contents
3. Remuneration, leave and entitlements 168
4. Provisions where Parliamentary Inspector was Judge 169
5. Provisions where Parliamentary Inspector was public
service officer 169
6. Resignation 170
7. Vacancy 170
Schedule 4 -- Amendments to other
Acts as a consequence of enactment
of Corruption and Crime
Commission Act 2003 171
Division 1 -- Parliamentary Commissioner Act 1971
amended 171
1. The Act amended 171
2. Long title amended 171
3. Section 4 amended 171
4. Section 14 amended 172
5. Section 22A amended 172
6. Section 22B amended 172
7. Schedule 1 amended 173
Division 2 -- Amendments to other Acts 174
8. Constitution Acts Amendment Act 1899 amended 174
9. Court Security and Custodial Services Act 1999
amended 174
10. The Criminal Code amended 175
11. Financial Administration and Audit Act 1985
amended 177
12. Freedom of Information Act 1992 amended 177
13. Juries Act 1957 amended 177
14. Prisons Act 1981 amended 179
15. Public Interest Disclosure Act 2003 amended 180
16. Salaries and Allowances Act 1975 amended 182
17. Spent Convictions Act 1988 amended 183
18. Surveillance Devices Act 1998 amended 184
19. Telecommunications (Interception) Western Australia
Act 1996 amended 191
20. Witness Protection (Western Australia) Act 1996
amended 192
page xii
Corruption and Crime Commission Bill 2003
Contents
Schedule 5 -- Amendments to other
Acts as a consequence of repeal of
the Anti-Corruption Commission
Act 1988 195
Division 1 -- Parliamentary Commissioner Act 1971
amended 195
1. The Act amended 195
2. Section 4 amended 195
3. Section 22A amended 195
4. Section 22B amended 195
5. Schedule 1 amended 195
Division 2 -- Amendments to other Acts 196
6. Court Security and Custodial Services Act 1999
amended 196
7. The Criminal Code amended 196
8. Financial Administration and Audit Act 1985
amended 197
9. Freedom of Information Act 1992 amended 197
10. Juries Act 1957 amended 197
11. Prisons Act 1981 amended 197
12. Public Interest Disclosure Act 2003 amended 198
13. Salaries and Allowances Act 1975 amended 198
14. Spent Convictions Act 1988 amended 199
15. Surveillance Devices Act 1998 amended 199
16. Telecommunications (Interception) Western Australia
Act 1996 amended 201
Defined Terms 202
page xiii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail and upon reconsideration)
Corruption and Crime Commission Bill 2003
A Bill for
An Act to --
· provide for the establishment and operation of a Corruption and
Crime Commission;
· provide for the establishment and operation of a Parliamentary
Inspector of the Corruption and Crime Commission;
· repeal the Anti-Corruption Commission Act 1988;
· repeal the Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002;
· make amendments and provide for transitional matters as a
consequence of the enactment of this Act and the repeal of other
Acts.
The Parliament of Western Australia enacts as follows:
page 1
Corruption and Crime Commission Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Corruption and Crime Commission
Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) A day for the coming into operation of Part 15 Division 3
Subdivision 2 is to be fixed under subsection (1) after the
Commission has certified, by written notice delivered to the
Governor, that the Commission is of the opinion that the
functions of the A-CC are substantially exhausted.
15 3. Terms used in this Act
In this Act unless the contrary intention appears --
"A-CC" means the Anti-Corruption Commission established
under the Anti-Corruption Commission Act 1988;
"allegation" means --
20 (a) a report made to the Commission under section 25;
(b) a proposition initiated by the Commission under
section 26;
(c) a matter notified under section 28(2); or
(d) a received matter;
25 "appropriate authority" means a person, body or organisation
who or which is empowered by a law of the State to take
investigatory or other action, or both, in relation to
misconduct, but does not include an independent agency;
page 2
Corruption and Crime Commission Bill 2003
Preliminary Part 1
s. 3
"Commission" means the Corruption and Crime Commission
established under this Act;
"Commissioner" means the person holding the office of
Commissioner established under this Act or acting in that
5 office for the reasons mentioned in section 14(1)(a) or (b);
"Commissioner of Police" means the person holding or acting
in the office of Commissioner of Police under the Police
Act 1892;
"contractor" has the meaning given by the Court Security and
10 Custodial Services Act 1999 or the Prisons Act 1981, as is
relevant to the case;
"disclose" means --
(a) publish in any way; or
(b) divulge or communicate to any person in any way;
15 "Director of Public Prosecutions" has the meaning given to
"Director" in the Director of Public Prosecutions Act 1991;
"disciplinary action" means disciplinary action under any law
or contract and includes --
(a) action under section 8 of the Police Act 1892; and
20 (b) the taking of action against a person, with a view to
dismissing, dispensing with the services of or
otherwise terminating the services of that person;
"disciplinary offence" includes any conduct or other matter
that constitutes or may constitute grounds for disciplinary
25 action;
"examination" means an examination under Part 7;
"independent agency" means --
(a) the Parliamentary Commissioner;
(b) the Director of Public Prosecutions;
30 (c) the Auditor General;
(d) the Inspector of Custodial Services; and
(e) the Commissioner for Public Sector Standards;
page 3
Corruption and Crime Commission Bill 2003
Part 1 Preliminary
s. 3
"inquiry" means an inquiry by the Parliamentary Inspector
under section 197;
"investigation" means an investigation under this Act and
includes a preliminary investigation referred to in
5 section 32;
"legal practitioner" has the meaning given to "practitioner" in
the Legal Practitioners Act 1893;
"misconduct" has the meaning given by section 4;
"notifying authority" means --
10 (a) a department or organisation as defined in the Public
Sector Management Act 1994;
(b) an entity in respect of which a declaration is in effect
under section 52(4) of the Financial Administration
and Audit Act 1985;
15 (c) a statutory authority as defined in the Financial
Administration and Audit Act 1985;
(d) an authority to which the Parliamentary
Commissioner Act 1971 applies;
(e) a person or body, or holder of an office --
20 (i) under whom or which a public officer holds
office or by whom or which a public officer is
employed; or
(ii) who or which is prescribed for the purposes of
this subparagraph,
25 but does not include the President of the Legislative
Council or the Speaker of the Legislative Assembly;
"officer of the Commission" means --
(a) the Commissioner;
(b) a person appointed under section 179;
30 (c) a person seconded or otherwise engaged under
section 181; or
(d) a person engaged under section 182;
page 4
Corruption and Crime Commission Bill 2003
Preliminary Part 1
s. 3
"officer of the Parliamentary Inspector" means --
(a) a person appointed under section 210;
(b) a person seconded or otherwise engaged under
section 212; or
5 (c) a person engaged under section 213;
"organised crime" means activities of 2 or more persons
associated together solely or partly for purposes in the
pursuit of which 2 or more Schedule 1 offences are
committed, the commission of each of which involves
10 substantial planning and organisation;
"organised crime examination" means an examination to
which a person is summoned under an organised crime
summons;
"organised crime summons" means a summons issued under
15 section 96 on an application by the Commissioner of Police
under section 48;
"Parliamentary Commissioner" has the meaning given to
"Commissioner" under the Parliamentary Commissioner
Act 1971;
20 "Parliamentary Inspector" means the person holding the
office of Parliamentary Inspector of the Corruption and
Crime Commission established under this Act or acting in
the office for the reasons mentioned in section 193(1)(a) or
(b);
25 "perform" includes to exercise;
"police officer" means a person appointed --
(a) under Part I of the Police Act 1892 to be a member of
the Police Force;
(b) under Part III of the Police Act 1892 to be a special
30 constable; or
(c) under section 38A of the Police Act 1892 to be an
aboriginal aide;
page 5
Corruption and Crime Commission Bill 2003
Part 1 Preliminary
s. 3
"Police Royal Commission" has the meaning given to
"Commission" under the Royal Commission (Police)
Act 2002;
"principal officer of a notifying authority" means --
5 (a) in the case of a department or organisation as defined
in the Public Sector Management Act 1994, the chief
executive officer or chief employee of that
department or organisation;
(b) in the case of a notifying authority that is an entity in
10 respect of which a declaration is in effect under
section 52(4) of the Financial Administration and
Audit Act 1985, the holder of the office that is the
subject of that declaration;
(c) in the case of a contractor and any subcontractor
15 under the relevant contract, the holder of the office
specified in the relevant contract to be the principal
officer for the purposes of this Act; and
(d) in any other case --
(i) the person specified in the regulations as the
20 principal officer of that notifying authority or
a notifying authority of that class; or
(ii) if no person is specified under
subparagraph (i), the person who is the head
of that notifying authority, its most senior
25 officer or the person normally entitled to
preside at its meetings;
"public authority" means --
(a) a notifying authority;
(b) a body mentioned in Schedule V Part 3 to the
30 Constitution Acts Amendment Act 1899;
(c) an authority, board, corporation, commission,
council, committee, local government, regional local
government or similar body established under a
written law;
page 6
Corruption and Crime Commission Bill 2003
Preliminary Part 1
s. 3
(d) a body that is the governing authority of a body
referred to in paragraph (b) or (c); or
(e) a contractor or subcontractor;
"public officer" has the meaning given by section 1 of The
5 Criminal Code;
"public service officer" has the meaning given by section 3(1)
of the Public Sector Management Act 1994;
"received matter" means --
(a) a matter referred to the Commission by the Police
10 Royal Commission, the A-CC or the Parliamentary
Commissioner; or
(b) a matter received by the Commission in the
performance of its functions under section 19(2)(b);
(c) any allegation made to the A-CC under the
15 Anti-Corruption Commission Act 1988 that has not
been finally dealt with under that Act immediately
before the repeal of that Act under section 241;
"record" includes anything that is a document as defined in
section 79B of the Evidence Act 1906;
20 "reviewable police action" means any action taken by a police
officer or an employee of the Police Service of the Public
Service, that --
(a) is contrary to law;
(b) is unreasonable, unjust, oppressive or improperly
25 discriminatory;
(c) is in accordance with a rule of law, or a provision of
an enactment or a practice, that is or may be
unreasonable, unjust, oppressive or improperly
discriminatory;
30 (d) is taken in the exercise of a power or a discretion, and
is so taken for an improper purpose or on irrelevant
grounds, or on the taking into account of irrelevant
considerations; or
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Corruption and Crime Commission Bill 2003
Part 1 Preliminary
s. 4
(e) is a decision that is made in the exercise of a power
or a discretion and the reasons for the decision are
not, but should be, given;
"Schedule 1 offence" means an offence described in
5 Schedule 1;
"section 5 offence" has the meaning given by section 5;
"Standing Committee" means --
(a) a Standing Committee of either House of Parliament;
or
10 (b) a Joint Standing Committee of both Houses of
Parliament,
appointed to monitor or review the performance of the
functions of the Commission or the Parliamentary Inspector
or both;
15 "State Records Commission" means the Commission
established under section 57 of the State Records Act 2000;
"subcontractor" has the meaning given by the Court Security
and Custodial Services Act 1999 or the Prisons Act 1981,
as is relevant to the case;
20 "witness" means a person who appears at an examination or an
inquiry to give evidence, whether the person has been
summoned or appears without being summoned.
4. Misconduct
Misconduct occurs if --
25 (a) a public officer corruptly acts or corruptly fails to act in
the performance of the functions of the public officer's
office or employment;
(b) a public officer corruptly takes advantage of the public
officer's office or employment as a public officer to
30 obtain a benefit for himself or herself or for another
person;
page 8
Corruption and Crime Commission Bill 2003
Preliminary Part 1
s. 4
(c) a public officer whilst acting or purporting to act in his
or her official capacity, commits an offence punishable
by 2 or more years' imprisonment;
(d) a public officer engages in conduct that --
5 (i) adversely affects, or could adversely affect,
directly or indirectly, the honest or impartial
performance of the functions of a public body or
public officer;
(ii) constitutes or involves the performance of his or
10 her functions in a manner that is not honest or
impartial;
(iii) constitutes or involves a breach of the trust
placed in the public officer by reason of his or
her office or employment as a public officer; or
15 (iv) involves the misuse of information or material
that the public officer has acquired in connection
with his or her functions as a public officer,
whether the misuse is for the benefit of the
public officer or another person,
20 and constitutes or could constitute --
(v) an offence against the Statutory Corporations
(Liability of Directors) Act 1996 or any other
written law; or
(vi) a disciplinary offence providing reasonable
25 grounds for the termination of a person's office
or employment as a public service officer under
the Public Sector Management Act 1994
(whether or not the public officer to whom the
allegation relates is a public service officer or is
30 a person whose office or employment could be
terminated on the grounds of such conduct); or
(e) a public officer, whilst acting or purporting to act in his
or her official capacity, engages in reviewable police
action.
page 9
Corruption and Crime Commission Bill 2003
Part 1 Preliminary
s. 5
5. Section 5 offences
A section 5 offence is a Schedule 1 offence committed in the
course of organised crime.
6. Application
5 (1) The Commission may receive information and otherwise
perform its functions in relation to acts, omissions or conduct
occurring before or after the coming into operation of this Act.
(2) The Commission may receive information and otherwise
perform its functions in relation to acts, omissions or conduct
10 alleged to have been done, omitted or engaged in by a person
who was a public officer at the time of the alleged acts,
omissions or conduct even if the person has ceased to be a
public officer.
7. Act to bind the Crown
15 This Act binds the Crown in right of the State and, so far as the
legislative power of the State permits, the Crown in its other
capacities.
page 10
Corruption and Crime Commission Bill 2003
The Corruption and Crime Commission Part 2
Office of Corruption and Crime Commission Division 1
s. 8
Part 2 -- The Corruption and Crime Commission
Division 1 -- Office of Corruption and Crime Commission
8. Corruption and Crime Commission
(1) A commission called the Corruption and Crime Commission is
5 established.
(2) The Commission is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Commission in its
corporate name.
9. Corruption and Crime Commissioner
10 (1) There is to be a Commissioner who, in the name of the
Commission, is to perform the functions of the Commission
under this Act and any other written law.
(2) Without limiting subsection (1), if under this Act or any other
written law an act or thing may or must be done by, to, by
15 reference to or in relation to the Commission, the act or thing is
to be regarded as effectually done if done to, by reference to or
in relation to the Commissioner.
(3) The Commissioner is to be appointed by the Governor by
commission under the Public Seal of the State.
20 (4) Before an appointment is made under subsection (3) the Premier
is to consult with the Parliamentary leader of each party in the
Parliament.
(5) The Commissioner is to hold office in accordance with this Act.
(6) The office of Commissioner is not an office in the Public
25 Service.
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Corruption and Crime Commission Bill 2003
Part 2 The Corruption and Crime Commission
Division 1 Office of Corruption and Crime Commission
s. 10
10. Qualifications for appointment
(1) In subsection (2) --
"legal experience" means --
(a) standing and practice in the State as a legal
5 practitioner;
(b) standing and practice in another State or a Territory
as a barrister or solicitor of the Supreme Court of that
State or Territory;
(c) judicial service (including service as a judge of a
10 court, a magistrate or other judicial officer) in the
State or elsewhere in a common law jurisdiction; or
(d) a combination of 2 or more kinds of legal experience
defined in this section.
(2) Subject to subsection (3), a person is eligible for appointment as
15 Commissioner if that person --
(a) is or has been a legal practitioner and has had not less
than 8 years legal experience; or
(b) is a practising barrister of the High Court of Australia
and has had not less than 8 years legal experience.
20 (3) A person who is or has been a police officer is not eligible to be
appointed as Commissioner.
11. Terms and conditions of service
Schedule 2 has effect with respect to the tenure, remuneration
and conditions of service of the Commissioner and the other
25 matters provided for in that Schedule.
12. Removal or suspension of Commissioner
(1) The Commissioner may, at any time, be suspended or removed
from office by the Governor on addresses from both Houses of
Parliament.
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The Corruption and Crime Commission Part 2
Office of Corruption and Crime Commission Division 1
s. 13
(2) If the Governor is satisfied that the Commissioner --
(a) is incapable of properly performing the duties of office;
(b) has shown himself or herself incompetent properly to
perform, or has neglected, those duties; or
5 (c) has been guilty of misconduct,
the Governor may suspend the Commissioner from office.
(3) If the Commissioner has been suspended from office under
subsection (2) the Commissioner is to be restored to office
unless --
10 (a) a statement of the grounds of the suspension is laid
before each House of Parliament during the first
7 sitting days of that House following the suspension;
and
(b) each House of Parliament, during the session in which
15 the statement is so laid, and within 30 sitting days of that
statement being so laid, passes an address praying for
the removal of the Commissioner from office.
13. Declaration of inability to act
The Commissioner may declare himself or herself unable to act
20 in respect of a particular matter by reason of --
(a) an actual or potential conflict of interest; or
(b) having to perform other functions under this Act.
14. Acting appointment
(1) The Governor may appoint a person who is eligible for
25 appointment as Commissioner to act in the office of
Commissioner --
(a) during a vacancy in that office;
(b) during any period or during all periods when the person
holding the office of Commissioner, or a person
30 appointed under this subsection, is unable to perform the
functions of that office or is absent from the State; or
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Corruption and Crime Commission Bill 2003
Part 2 The Corruption and Crime Commission
Division 1 Office of Corruption and Crime Commission
s. 14
(c) in relation to any matter in respect of which the person
holding the office of Commissioner, or a person
appointed under this subsection, has under section 13
declared himself or herself unable to act.
5 (2) An appointment under this section --
(a) may be made at any time and may be terminated at any
time by the Governor; and
(b) may be expressed to have effect only in the
circumstances specified in the instrument of
10 appointment.
(3) Subject to this Act, the terms and conditions of appointment,
including remuneration and other entitlements, of a person
acting under this section are to be as determined from time to
time by the Governor.
15 (4) A person acting under this section for the reason mentioned in
subsection (1)(c) may perform functions of the Commissioner in
relation to the matter for which he or she is appointed even
though the Commissioner is at the same time performing other
functions of the office.
20 (5) If a person is acting under this section for the reason mentioned
in subsection (1)(c), a reference to the Commissioner in a
provision of this Act that is relevant to the performance by that
person of a function of the Commissioner in relation to the
matter for which that person is appointed includes a reference to
25 that person.
(6) The validity of anything done by or in relation to a person
purporting to act under this section is not to be called into
question on the ground that --
(a) the occasion for an appointment under this section had
30 not arisen;
(b) there is a defect or irregularity in the appointment;
(c) the appointment had ceased to have effect; or
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Corruption and Crime Commission Bill 2003
The Corruption and Crime Commission Part 2
Functions of Corruption and Crime Commission Division 2
s. 15
(d) the occasion for the person to act had not arisen or had
ceased.
15. Oath or affirmation of office
(1) Before beginning to perform the functions of the office of
5 Commissioner a person is to take an oath or make an
affirmation that he or she --
(a) will faithfully and impartially perform the functions of
the office; and
(b) will not, except in accordance with this Act, disclose
10 any information received under this Act.
(2) The oath or affirmation is to be administered by a Judge.
Division 2 -- Functions of Corruption and Crime Commission
16. Commission's general functions
The Commission has the functions conferred or imposed by or
15 under this Act or any other written law.
17. Commission's prevention and education function
(1) The Commission has a function (the "prevention and
education function") of helping to prevent misconduct.
(2) Without limiting the ways the Commission may perform the
20 prevention and education function, the Commission performs
that function by --
(a) taking action to raise standards of integrity and conduct
in public officers and public authorities;
(b) providing information to, consulting with, and making
25 recommendations to public authorities;
(c) providing information relevant to its prevention and
education function to the general community; and
(d) reporting on ways to prevent misconduct.
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Corruption and Crime Commission Bill 2003
Part 2 The Corruption and Crime Commission
Division 2 Functions of Corruption and Crime Commission
s. 18
18. Commission's misconduct function
(1) It is a function of the Commission (the "misconduct function")
to ensure that an allegation about, or information or matter
involving, misconduct is dealt with in an appropriate way.
5 (2) Without limiting how the Commission may perform the
misconduct function, the Commission performs the function
by --
(a) receiving and initiating allegations of misconduct;
(b) considering whether action is needed in relation to
10 allegations and matters related to misconduct;
(c) investigating or taking other action in relation to
allegations and matters related to misconduct if it is
appropriate to do so, or referring the allegations or
matters to independent agencies or appropriate
15 authorities so that they can take action themselves or in
cooperation with the Commission;
(d) monitoring the way in which independent agencies and
appropriate authorities take action in relation to
allegations and matters that are referred to them by the
20 Commission;
(e) regardless of whether or not there has been an allegation
of misconduct, investigating whether misconduct --
(i) has or may have occurred;
(ii) is or may be occurring;
25 (iii) is or may be about to occur; or
(iv) is likely to occur;
(f) making recommendations and furnishing reports on the
outcome of investigations;
(g) consulting, cooperating and exchanging information
30 with independent agencies, appropriate authorities
and --
(i) the Commissioner of the Australian Federal
Police;
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Corruption and Crime Commission Bill 2003
The Corruption and Crime Commission Part 2
Functions of Corruption and Crime Commission Division 2
s. 18
(ii) the Commissioner of a Police Force of another
State or Territory;
(iii) the CEO of the Australian Crime Commission
established by the Australian Crime Commission
5 Act 2002 of the Commonwealth;
(iv) the Commissioner of Taxation holding office
under the Taxation Administration Act 1953 of
the Commonwealth;
(v) the Director-General of Security holding office
10 under the Australian Security Intelligence
Organisation Act 1979 of the Commonwealth;
(vi) the Director of the Australian Transaction
Reports and Analysis Centre under the Financial
Transaction Reports Act 1988 of the
15 Commonwealth;
(vii) any person, or authority or body of this State, the
Commonwealth, another State or a Territory that
is declared by the Minister to be a person,
authority or body to which this paragraph
20 applies;
(h) assembling evidence obtained in the course of
exercising the misconduct function and --
(i) furnishing to an independent agency or another
authority, evidence which may be admissible in
25 the prosecution of a person for a criminal offence
against a written law or which may otherwise be
relevant to the functions of the agency or
authority; and
(ii) furnishing to the Attorney General or a suitable
30 authority of another State, a Territory, the
Commonwealth or another country, evidence
which may be admissible in the prosecution of a
person for a criminal offence against a law of the
jurisdiction concerned or which may otherwise
35 be relevant to that jurisdiction.
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Corruption and Crime Commission Bill 2003
Part 2 The Corruption and Crime Commission
Division 2 Functions of Corruption and Crime Commission
s. 19
19. Commission's functions in relation to Police Royal
Commission
(1) In this section --
"record" includes --
5 (a) evidence in any form; and
(b) information and other things.
(2) Without limiting the Commission's functions under section 18,
the Commission has the following functions in relation to the
Police Royal Commission --
10 (a) to receive and assess all matters referred to the
Commission by the Police Royal Commission under
subsection (3);
(b) to receive and assess all matters not completed by the
Police Royal Commission at the end of the Police Royal
15 Commission (as determined under section 3(2) of the
Royal Commission (Police) Act 2002);
(c) to treat any investigation or assessment of the Police
Royal Commission in relation to a matter referred to in
paragraph (a) or (b) as an investigation or assessment of
20 the Commission;
(d) to initiate or continue the investigation of any such
matters where appropriate, and otherwise deal with
those matters;
(e) to receive and deal with records of the Police Royal
25 Commission.
(3) The Police Royal Commission may refer any matter before the
Police Royal Commission to the Commission to be dealt with
under this Act.
(4) When the Commission receives a matter referred to in
30 paragraph (2)(a) or (2)(b), any record of the Police Royal
Commission for the purposes of or in relation to the matter is to
be transferred to the Commission, and becomes a record of the
Commission and may be dealt with accordingly.
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Corruption and Crime Commission Bill 2003
The Corruption and Crime Commission Part 2
Functions of Corruption and Crime Commission Division 2
s. 20
(5) The Commission may enter into arrangements with the person
appointed to be the Police Royal Commission regarding --
(a) the cooperative performance of the respective functions
of the Commission and the Police Royal Commission;
5 (b) the joint use of facilities and staff; and
(c) the transfer of records from the Police Royal
Commission to the Commission.
(6) For the purposes of subsection (2), the Commission has, in
addition to its functions under this Act, all of the functions of
10 the Police Royal Commission.
(7) To the extent that a duty of the Commission under this Act is
inconsistent with a duty of the Police Royal Commission, this
Act prevails.
20. Commission's functions in relation to the A-CC
15 The Commission may enter into arrangements with the A-CC
regarding --
(a) the cooperative performance of the respective functions
of the Commission and the A-CC;
(b) the joint use of facilities and staff; and
20 (c) the transfer of records and other things from the A-CC
to the Commission.
21. Commission's organised crime functions
The Commission has the functions set out in Part 4.
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 1 Assessments and opinions
s. 22
Part 3 -- Misconduct
Division 1 -- Assessments and opinions
22. Assessments and opinions
(1) Regardless of whether or not there has been an allegation of
5 misconduct, the Commission may make assessments and form
opinions as to whether misconduct --
(a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
10 (d) is likely to occur.
(2) The Commission may make the assessments and form the
opinions on the basis of --
(a) consultations, and investigations and other actions
(either by itself or in cooperation with an independent
15 agency or appropriate authority);
(b) investigations or other action of the Police Royal
Commission;
(c) preliminary inquiry and further action by the A-CC;
(d) investigations or other action of an independent agency
20 or appropriate authority; or
(e) information included in any received matter or
otherwise given to the Commission.
(3) The Commission may advise an independent agency or
appropriate authority of an assessment or opinion.
25 23. Commission must not decide as to commission of offence
(1) The Commission must not make a finding or form an opinion
that a particular person has committed, is committing or is about
to commit a criminal offence or disciplinary offence.
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Corruption and Crime Commission Bill 2003
Misconduct Part 3
Allegations Division 2
s. 24
(2) An opinion that misconduct has occurred, is occurring or is
about to occur is not a finding or opinion that a particular person
has committed, or is committing or is about to commit a
criminal offence or disciplinary offence.
5 Division 2 -- Allegations
24. Allegations
(1) Subject to section 27 the Commission --
(a) is to receive allegations of misconduct by way of --
(i) reports under section 25;
10 (ii) matters notified under section 28(2); and
(iii) received matters;
and
(b) may initiate allegations of misconduct by way of
propositions under section 26.
15 (2) Before assessing an allegation received by the Commission, the
Commission may seek further information about the allegation
from the person making the allegation in such form as the
Commission thinks fit.
25. Any person may report misconduct
20 (1) A public officer or any other person may report to the
Commission any matter which that person suspects on
reasonable grounds concerns or may concern misconduct
that --
(a) has or may have occurred;
25 (b) is or may be occurring;
(c) is or may be about to occur; or
(d) is likely to occur.
(2) A report may be made to the Commission orally or in writing.
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 2 Allegations
s. 26
(3) This section has effect despite --
(a) the provisions of any other Act, whether enacted before
or after this Act; and
(b) any obligation the person has to maintain confidentiality
5 about a matter to which the allegation relates.
(4) A person who exercises the power conferred by subsection (1)
does not commit an offence by reason of that exercise.
26. Proposition by Commission
(1) The Commission may make a proposition that misconduct --
10 (a) has or may have occurred;
(b) is or may be occurring;
(c) is or may be about to occur; or
(d) is likely to occur.
(2) A proposition under subsection (1) may be based on the
15 Commission's own experience and knowledge, or assessment of
a received matter, and independently of any allegation referred
to in section 25.
27. Allegation about Commissioner, Parliamentary Inspector or
judicial officer not to be received or initiated
20 (1) An allegation about the Commissioner must not be received by
the Commission.
(2) An allegation about a person in his or her capacity as an officer
of the Commission must not be received or initiated by the
Commission.
25 (3) An allegation about a person in his or her capacity as the
Parliamentary Inspector, or an officer of the Parliamentary
Inspector, must not be received or initiated by the Commission.
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Corruption and Crime Commission Bill 2003
Misconduct Part 3
Duty to notify Division 3
s. 28
(4) An allegation about a person in his or her capacity as the holder
of a judicial office must not be received or initiated by the
Commission unless the allegation relates to --
(a) the commission or attempted commission of;
5 (b) the incitement of the commission of; or
(c) a conspiracy to commit,
an offence under section 121 of The Criminal Code.
(5) In subsection (4) --
"holder of a judicial office" has the same meaning as it has in
10 section 121 of The Criminal Code.
Division 3 -- Duty to notify
28. Notification of misconduct
(1) This section applies to the following persons --
(a) the Parliamentary Commissioner;
15 (b) the Inspector of Custodial Services;
(c) the Commissioner of Police;
(d) the principal officer of a notifying authority;
(e) an officer who constitutes a notifying authority.
(2) Subject to subsections (4), (5) and (6), a person to whom this
20 section applies must notify the Commission in writing of any
matter --
(a) which that person suspects on reasonable grounds
concerns or may concern misconduct; and
(b) which, in the case of a person referred to in
25 subsection (1)(d) or (e), is of concern to that person in
his or her official capacity.
(3) The Commission must be notified under subsection (2) as soon
as is reasonably practicable after the person becomes aware of
the matter.
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 3 Duty to notify
s. 28
(4) A person to whom this section applies is not required to notify
the Commission of --
(a) a matter that --
(i) is being dealt with by that person, or the
5 notifying authority of which that person is the
principal officer, under section 33(b); or
(ii) is referred to that person, or the notifying
authority of which that person is the principal
officer, by the Commission under section 33(c);
10 or
(b) a matter that --
(i) is referred to that person, or a notifying authority
of which that person is the principal officer, by
the Parliamentary Inspector under
15 section 196(3)(f); and
(ii) relates to conduct by the Commission, an officer
of the Commission or an officer of the
Parliamentary Inspector.
(5) The Director of Public Prosecutions is not required to notify the
20 Commission of a matter if the matter does not relate to conduct
by --
(a) the Deputy Director, as defined in section 3 of the
Director of Public Prosecutions Act 1991; or
(b) a member of staff appointed or made available for the
25 performance of the functions of the Director of Public
Prosecutions under section 30 of the Director of Public
Prosecutions Act 1991.
(6) Except as provided in subsection (7), a person to whom this
section applies is not required to notify the Commission of a
30 matter which concerns or may concern reviewable police action.
(7) The Commissioner of Police is required to notify the
Commission under subsection (2) of a matter which concerns or
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Corruption and Crime Commission Bill 2003
Misconduct Part 3
Duty to notify Division 3
s. 29
may concern reviewable police action in circumstances
described in guidelines issued under section 30.
29. Duty to notify is paramount
(1) The duty of a person to make a notification under section 28
5 must be complied with despite --
(a) the provisions of any other Act, whether enacted before
or after this Act; or
(b) any obligation the person has to maintain confidentiality
about a matter to which the allegation relates,
10 and the person does not commit an offence by reason of that
compliance.
(2) Subsection (1) does not affect an obligation under another
written law to notify misconduct.
30. Commission may issue guidelines about notifications
15 The Commission may issue guidelines about what matters are or
are not required to be notified to the Commission under
section 28.
31. Commission may report failure to comply
If a person to whom section 28 applies does not comply with the
20 duty to make a notification under that section, the Commission
may report that non-compliance --
(a) in the case of the principal officer referred to in
paragraph (c) of the definition of "principal officer of a
notifying authority", to the CEO as defined in section 3
25 of the Court Security and Custodial Services Act 1999
or the chief executive officer as defined in section 3 of
the Prisons Act 1981, as is relevant to the case; and
(b) in any other case, to a person or body who or which has
the power to take disciplinary action against the person
30 to whom section 28 applies.
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 4 Assessments, opinions and investigation
s. 32
Division 4 -- Assessments, opinions and investigation
32. Dealing with allegations
(1) The Commission is to deal with an allegation by assessing the
allegation and forming an opinion under section 22, and making
5 a decision under section 33 that the Commission considers
appropriate in the circumstances.
(2) For the purposes of subsection (1) the Commission may conduct
a preliminary investigation into the allegation.
(3) The Commission may consult any person or body about an
10 allegation or other matter.
33. Decision on further action
Having made an assessment of an allegation the Commission
may decide to --
(a) investigate or take action without the involvement of
15 any other independent agency or appropriate authority;
(b) investigate or take action in cooperation with an
independent agency or appropriate authority;
(c) refer the allegation to an independent agency or
appropriate authority for action; or
20 (d) take no action.
34. Matters to be considered in deciding who should take action
When the Commission is deciding whether or not to refer an
allegation to an independent agency or appropriate authority, the
matters to which the Commission is to have regard include the
25 following --
(a) the seniority of any public officer to whom the
allegation relates;
(b) the seriousness of the conduct to which the allegation
relates;
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Corruption and Crime Commission Bill 2003
Misconduct Part 3
Assessments, opinions and investigation Division 4
s. 35
(c) the need for there to be an independent investigation
rather than an investigation by a public authority with
which any public officer to whom the allegation relates
is connected by membership or employment or in any
5 other respect.
35. Informant to be notified of decision not to take action
If a person makes an allegation under section 25 or 28(2), and
the Commission decides to take no action, the Commission
must notify the person that the Commission has decided that no
10 action will be taken.
36. Referral by Commission
(1) If the Commission decides to refer an allegation to an
independent agency or appropriate authority, the Commission is
to refer the allegation as soon as is practicable after making that
15 decision.
(2) The allegation may be accompanied by a report which may
include --
(a) a recommendation under section 42;
(b) such other recommendations as the Commission thinks
20 fit in respect of the action to be taken; and
(c) such information as the Commission considers would
assist the agency or authority to take the action.
(3) If the allegation is referred to an appropriate authority, the
report may also include a recommendation as to the period
25 within which the action should be taken.
37. Referrals to Parliamentary Commissioner or Auditor
General
(1) The Commission is not to refer an allegation to the
Parliamentary Commissioner or the Auditor General without
30 having first consulted the Parliamentary Commissioner or the
Auditor General.
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 4 Assessments, opinions and investigation
s. 38
(2) If an allegation is referred to the Parliamentary Commissioner,
the allegation is to be treated by the Parliamentary
Commissioner as if it were a complaint duly made under
section 17 of the Parliamentary Commissioner Act 1971 and
5 that Act applies to and in relation to the allegation accordingly.
(3) If an allegation is referred to the Auditor General, the Auditor
General may investigate the allegation and the Financial
Administration and Audit Act 1985 applies to the investigation
as if it were an investigation under section 80(b) of that Act.
10 (4) Nothing in the Financial Administration and Audit Act 1985
prevents the Auditor General, or any person referred to in
section 91 of that Act, from disclosing to the Commission, or an
officer of the Commission, information obtained in the course
of an investigation under subsection (3).
15 38. Commission may decide to take other action
(1) Despite having made a decision to act under paragraph (a), (b)
or (c) of section 33, the Commission may at any time decide to
act under another of those paragraphs.
(2) The Commission may make the decision whether or not it has
20 acted under the first-mentioned decision.
(3) If an allegation has been referred to the Parliamentary
Commissioner, subsection (1) does not apply unless the carrying
out of the action by the Commission has been requested or
agreed to by the Parliamentary Commissioner.
25 39. Commission's monitoring role
(1) If --
(a) an appropriate authority takes action in relation to an
allegation in cooperation with the Commission; or
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Corruption and Crime Commission Bill 2003
Misconduct Part 3
Assessments, opinions and investigation Division 4
s. 40
(b) an allegation is referred to an appropriate authority by
the Commission,
the appropriate authority must prepare a detailed report of the
action the appropriate authority has taken in relation to the
5 allegation.
(2) The report is to be given to the Commission in writing as soon
as practicable after the action is taken.
(3) The Commission may, by written notice, direct the appropriate
authority to give the Commission a detailed report on --
10 (a) action the appropriate authority has taken in relation to
the allegation; and
(b) if action recommended by the Commission under
section 36(2) has not been taken, or any action has not
been taken within the time recommended under
15 section 36(3), the reasons for not so taking the action.
(4) The appropriate authority must comply with a direction given to
it under subsection (3).
(5) A report referred to in this section must include details of any
prosecution initiated or disciplinary action taken as a
20 consequence of the recommendations.
40. Commission may review dealings with misconduct
(1) The Commission may review the way an appropriate authority
has dealt with misconduct, in relation to either a particular
allegation, complaint, information or matter involving
25 misconduct or in relation to a class of allegation, complaint,
information or matter involving misconduct.
(2) The appropriate authority must give the Commission all
necessary help to undertake a review under subsection (1).
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 4 Assessments, opinions and investigation
s. 41
41. Commission may direct authority not to take action
(1) In this section --
"misconduct matter" means an allegation, complaint,
information or matter involving misconduct specified in a
5 notice given under subsection (2).
(2) The Commission may, by written notice, direct an appropriate
authority --
(a) not to commence investigation of a misconduct matter
or, if an investigation of the matter has already
10 commenced, to discontinue the investigation; and
(b) to take all reasonable steps to ensure that an
investigation of a misconduct matter is not conducted by
an officer of the appropriate authority.
(3) The appropriate authority must comply with a direction given to
15 it under subsection (2).
(4) The notice absolves the appropriate authority and its officers
from any duty with respect to the misconduct matter so far as it
relates to investigation of the matter or to the bringing of an
offender concerned before the courts to be dealt with according
20 to law.
(5) Subsection (2)(b) does not apply to a person who is an officer of
the Commission.
(6) Subsection (2) does not prevent an investigation of the
misconduct matter that is conducted in accordance with
25 arrangements made between the Commission and the
appropriate authority.
(7) Despite subsection (2), an investigation of the misconduct
matter by the appropriate authority may be commenced or
resumed if the Commission notifies the appropriate authority
30 that the Commission has revoked the direction given to it under
subsection (2).
page 30
Corruption and Crime Commission Bill 2003
Misconduct Part 3
Recommendations Division 5
s. 42
Division 5 -- Recommendations
42. Recommendations by Commission
(1) The Commission may --
(a) make recommendations as to whether consideration
5 should or should not be given to --
(i) the prosecution of particular persons; and
(ii) the taking of disciplinary action against
particular persons;
and
10 (b) make recommendations for the taking of other action
that the Commission considers should be taken in
relation to the subject matter of its assessments or
opinions or the results of its investigations.
(2) The Commission may make the recommendations on the basis
15 of --
(a) its assessments, consultations, opinions, and
investigations and other actions (either by itself or in
cooperation with an independent agency or appropriate
authority);
20 (b) investigations or other action of the Police Royal
Commission;
(c) preliminary inquiry or further action by the A-CC;
(d) investigations or other action of an independent agency
or appropriate authority; or
25 (e) information included in any received matter or
otherwise given to the Commission.
(3) Without limiting subsection (1), the Commission may --
(a) recommend that further inquiry or investigation into any
matter be carried out by an Inquiry Panel appointed
30 under the Local Government Act 1995, or in such other
manner as the Commission may recommend; and
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Corruption and Crime Commission Bill 2003
Part 3 Misconduct
Division 5 Recommendations
s. 43
(b) recommend the terms of reference of any such inquiry
or investigation.
(4) The Commission may give the recommendations to an
independent agency or appropriate authority.
5 (5) If the Commission gives an independent agency a
recommendation that consideration should be given to the
prosecution of a particular person, the Commission must also
give the independent agency all materials in the Commission's
possession that would be required for the purposes of
10 section 103 of the Justices Act 1902 and section 611B of
The Criminal Code if that prosecution took place.
43. Independent agency must notify person of recommendation
If --
(a) the Commission gives an independent agency a
15 recommendation under section 42 that consideration
should be given to the prosecution of a particular
person; and
(b) after considering the recommendation, the independent
agency decides that the person should be prosecuted,
20 the independent agency must, before the person is charged with
an offence, notify the person in writing that the recommendation
has been made and of the offence with which the person is to be
charged.
44. Other action for misconduct
25 Except as provided in section 41, nothing in this Part limits the
action that may lawfully be taken to discipline or otherwise deal
with a person for misconduct.
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Basis for, and control of, use of exceptional powers Division 1
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Part 4 -- Organised crime: exceptional powers and
fortification removal
Division 1 -- Basis for, and control of, use of
exceptional powers
5 45. Terms used in this Part
In this Part --
"exceptional powers" means the powers given under
Divisions 2, 3, 4 and 5;
"exceptional powers finding" has the meaning given by
10 section 46(2);
"investigation" means an investigation referred to in
section 46(1).
46. Finding as to grounds for exercising exceptional powers
(1) On the application of the Commissioner of Police, the
15 Commission may find whether or not it is satisfied that --
(a) there are reasonable grounds for suspecting that a
section 5 offence has been, or is being, committed;
(b) there are reasonable grounds for suspecting that there
might be evidence or other information relevant to the
20 investigation of the offence that can be obtained using
exceptional powers; and
(c) there are reasonable grounds for believing that the use of
exceptional powers would be in the public interest
having regard to --
25 (i) whether or not the suspected offence could be
effectively investigated without using the
powers;
(ii) the extent to which the evidence or other
information that it is suspected might be obtained
30 would assist in the investigation, and the
likelihood of obtaining it; and
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Division 2 Examination before Commission
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(iii) the circumstances in which the evidence or
information that it is suspected might be obtained
is suspected to have come into the possession of
any person from whom it might be obtained.
5 (2) If the Commission finds that it is satisfied that the grounds
described in subsection (1) exist, the finding (an "exceptional
powers finding") is to be reduced to writing and a copy of it is
to be given to the Commissioner of Police.
47. Scope of Divisions 2 to 5
10 (1) The purpose of Divisions 2 to 5 is to facilitate the investigation
of a section 5 offence.
(2) The investigation of an offence includes the investigation of a
suspicion that the offence has been, or is being, committed.
(3) Divisions 2 to 5 apply if the Commission has made an
15 exceptional powers finding in respect of the section 5 offence
concerned.
Division 2 -- Examination before Commission
48. Summoning witnesses to attend and produce things on
application of Commissioner of Police
20 The Commission may, on the application of the Commissioner
of Police for an organised crime summons, issue a signed
summons under section 96 and cause it to be served under that
section on the person to whom it is addressed.
49. Examination of witnesses by Commissioner of Police
25 (1) In participating in an organised crime examination, the
Commissioner of Police is to be represented by a legal
practitioner instructed for that purpose, who may be assisted by
others not so qualified but who are under the direct supervision
of a legal practitioner.
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(2) A person representing the Commissioner of Police may, so far
as the Commission thinks proper, examine any witness
summoned under an organised crime summons on any matter
that the Commission considers relevant to the investigation.
5 (3) This section does not limit the operation of section 143.
50. Offences for which a person stands charged
(1) A person summoned on an organised crime summons cannot be
examined about matters that may be relevant to an offence with
which the person stands charged, but this section does not
10 prevent any other person from being examined about those
matters.
(2) For the purposes of this section a person stands charged with an
offence when --
(a) the person is informed by the person investigating the
15 offence that he or she will be charged with the offence,
whether or not at that time a complaint in respect of the
offence has been made or sworn; or
(b) a complaint in respect of the offence is made or sworn,
whichever happens first.
20 Division 3 -- Entry, search and related matters
51. Commission may limit exercise of power
(1) The Commission may give directions limiting the exercise of an
exceptional power under this Division.
(2) The Commission may revoke or vary directions under this
25 section or give further directions limiting the exercise of the
exceptional power.
(3) Limitations may be expressed however the Commission
considers appropriate and, without limiting other ways in which
they may be expressed, they may operate by reference to --
30 (a) particular powers;
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(b) particular circumstances;
(c) particular persons;
(d) particular places;
(e) particular articles; or
5 (f) particular times or periods of time.
(4) The Commission is to give, revoke, or vary a direction under
this section in writing a copy of which is to be given to the
Commissioner of Police.
(5) A power under this Division cannot be exercised contrary to a
10 direction under this section.
52. Enhanced power to enter, search, and detain
(1) A police officer may, for the purposes of investigating the
section 5 offence, without a warrant --
(a) at any time enter any place where there are reasonable
15 grounds for suspecting that the offence has been, or is
being, committed; and
(b) demand the production of, and inspect, any articles or
records kept there.
(2) A police officer who has entered a place under subsection (1)
20 may --
(a) search the place and secure the place for the purposes of
searching it;
(b) stop, detain, and search anyone at the place;
(c) photograph any person or thing, and make a copy of or
25 seize any document that the police officer suspects on
reasonable grounds will provide evidence or other
information relevant to the investigation of the offence;
and
(d) seize anything else that the police officer suspects on
30 reasonable grounds will provide evidence or other
information relevant to the investigation of the offence.
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(3) A police officer may use any force that is reasonably necessary
in exercising powers given by subsections (1) and (2).
53. Enhanced power to stop, detain, and search
(1) This section does not apply unless there are reasonable grounds
5 to suspect that a person is in possession of --
(a) anything used, or intended to be used, in connection
with the commission of the section 5 offence; or
(b) anything else that may provide evidence of, or other
information about, the offence.
10 (2) A police officer may without a warrant stop, detain, and search
the person and any conveyance where the police officer
reasonably suspects the person to be.
(3) The power to stop and detain a conveyance includes the power
to detain anyone in or on the conveyance for as long as is
15 reasonably necessary to search the conveyance even though,
until the conveyance has been searched, the person may not be
suspected of anything because of which the person can be
detained under subsection (2).
(4) A police officer may without a warrant seize anything described
20 in subsection (1).
(5) A police officer may use any force that is reasonably necessary,
and may call on any assistance necessary, in order to perform a
function under this section.
(6) In this section --
25 "conveyance" means anything used or capable of being used to
transport people or goods by air, land, or water, and it does
not matter how it is propelled or that it may ordinarily be
stationary.
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Division 3 Entry, search and related matters
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54. Provisions about searching a person
(1) In this section --
"medical practitioner" means an individual who is registered
as a medical practitioner under the Medical Act 1894;
5 "registered nurse" means a person registered under Part 3 of
the Nurses Act 1992.
(2) A police officer cannot carry out a search of a person under this
Division unless of the same sex as the person searched.
(3) If a police officer is uncertain as to the sex of a person to be
10 searched--
(a) the police officer must ask the person to advise whether
a male or female should carry out the search and must
act in accordance with the answer; and
(b) in the absence of an answer, the person is to be treated
15 as if of the sex that the person outwardly appears to the
police officer to be.
(4) If a police officer of the same sex as the person to be searched is
not immediately available to carry out the search, another police
officer may --
20 (a) cause the search to be carried out, under the direction of
a police officer, by another person of the same sex as the
person to be searched;
(b) detain the person for as long as is reasonably necessary
for the person to be searched in accordance with this
25 section; or
(c) convey or conduct the person to a place where the
person can be searched in accordance with this section.
(5) Nothing in this Division authorises a search by way of an
examination of the body cavities of a person unless it is carried
30 out under subsection (7) by a medical practitioner or a
registered nurse.
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s. 55
(6) A police officer may arrange for a medical practitioner or
registered nurse nominated by the police officer to examine the
body cavities of the person to be searched and may --
(a) detain the person until the arrival of that medical
5 practitioner or registered nurse; or
(b) convey or conduct the person to that medical
practitioner or registered nurse.
(7) A medical practitioner or registered nurse may carry out an
examination arranged by a police officer under subsection (6)
10 and no action or proceeding, civil or criminal, lies against the
medical practitioner or registered nurse in respect of anything
reasonably done for the purposes of the examination.
(8) When performing a function under this section, a police officer
or other person may --
15 (a) use any force that is reasonably necessary in the
circumstances --
(i) to perform the function; and
(ii) to overcome any resistance to performing the
function that is offered, or that the person
20 exercising the power reasonably suspects will be
offered, by any person;
and
(b) call on any assistance necessary in order to perform the
function.
25 55. Extension of power to search
The power given by this Division to search for any thing
includes the power to break open anything it is suspected might
contain it.
56. Things that have been seized
30 (1) If anything is seized under this Division, the person seizing it
must take it before the Commission.
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Division 3 Entry, search and related matters
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(2) Section 714 of The Criminal Code applies to anything seized
under this Division as if --
(a) the thing had been seized under The Criminal Code; and
(b) a reference in that section to a justice were a reference to
5 the Commission.
57. Offences under this Division
A person who wilfully --
(a) delays, obstructs, or otherwise hinders --
(i) the performance by a police officer or other
10 person of a function under this Division; or
(ii) the rendering of assistance under this Division in
the performance of a function;
or
(b) does not produce anything as demanded under
15 section 52(1)(b),
commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
58. Report on use of powers
(1) A police officer who exercises an exceptional power under this
20 Division is to submit to the Commissioner of Police a report in
writing of each occasion on which that power was exercised,
giving details of --
(a) what was done in the exercise of the powers;
(b) the time and place at which the power was exercised;
25 and
(c) any person or property affected by the exercise of the
power.
(2) The report is to be submitted within 5 days after the power is
exercised.
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Assumed identities Division 4
s. 59
(3) The obligation of a police officer to submit a report under this
section about a particular exercise of power within a particular
time is sufficiently complied with if the police officer ensures
that a report by another police officer who was present when the
5 power was exercised is made within that time dealing with all of
the details about which a report is required.
(4) The Commissioner of Police is to give a copy of the report to
the Commission as soon as is reasonably practicable after the
Commissioner of Police is given the report.
10 59. Overseeing exercise of powers under this Division
(1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
Commission details of the exercise of an exceptional power
under this Division, including the identity of any person who
15 has exercised the power.
(2) The Commissioner of Police or any other person to whom a
notice is given under subsection (1) is to comply with the
direction in the notice as soon as is reasonably practicable.
Division 4 -- Assumed identities
20 60. Approval for assumed identity
(1) The Commission may under section 103 grant an approval for
the acquisition and use of an assumed identity by a police
officer as if the police officer were an officer of the
Commission.
25 (2) If under this section the Commission exercises the powers set
out in section 103 in respect of a police officer --
(a) Part 6 Division 3 applies to and in respect of the
exercise of that power, that police officer, the approval
granted and the acquisition and use of an assumed
30 identity under the approval granted as if the police
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Division 4 Assumed identities
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officer were an officer of the Commission and with any
other necessary modifications;
(b) section 112 applies as if a reference in that section to the
Commission were a reference to the Commissioner of
5 Police.
61. Report about assumed identity approval
(1) A police officer to whom an assumed identity approval applies
must --
(a) at least once every 6 months while the approval is in
10 force; and
(b) as soon as is reasonably practicable after the approval is
cancelled,
give a report to the Commissioner of Police setting out a general
description of the activities undertaken by the police officer
15 when using the assumed identity.
(2) The Commissioner of Police is to give a copy of the report to
the Commission as soon as is reasonably practicable after the
Commissioner of Police is given the report.
62. Overseeing exercise of powers under this Division
20 (1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
Commission details of the acquisition and use of an assumed
identity under an approval given to a police officer, including
the identity of any person who has exercised the power.
25 (2) The Commissioner of Police or any other person to whom a
notice is given under subsection (1) is to comply with the
direction in the notice.
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Controlled operations Division 5
s. 63
Division 5 -- Controlled operations
63. Terms used in this Division
In this Division --
"authority" has the meaning given by section 119;
5 "controlled activity" has the meaning given by section 119;
"controlled operation" means an operation that --
(a) involves the participation of police officers;
(b) is conducted, or intended to be conducted, for the
purpose of --
10 (i) obtaining or facilitating the obtaining of
evidence of criminal activity;
(ii) arresting any person involved in criminal
activity;
(iii) frustrating criminal activity; or
15 (iv) carrying out an activity that is reasonably
necessary to facilitate the achievement of a
purpose referred to in subparagraph (i), (ii)
or (iii); and
(c) involves or may involve a controlled activity;
20 "criminal activity" means any activity that involves the
commission of a section 5 offence by one or more persons.
64. Authority to conduct controlled operation and integrity
testing
(1) The Commission may under section 121 grant an authority to
25 conduct a controlled operation participated in by police officers
as if the police officers were officers of the Commission.
(2) The Commission may under section 123 grant an authority for a
police officer to conduct an integrity testing programme as if the
police officer were an officer of the Commission.
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(3) If under this section the Commission exercises the powers set
out in section 121 or 123 in respect of a police officer --
(a) Part 6 Division 4 applies to and in respect of the
exercise of that power, the police officers concerned, the
5 authority granted and any conduct under the authority as
if the police officers were officers of the Commission
and with any other necessary modifications; and
(b) section 129 applies as if a reference in that section to the
Commission were a reference to the Commissioner of
10 Police.
65. Report about controlled operation or integrity testing
programme
(1) A police officer responsible for a controlled operation for which
an authority has been given must --
15 (a) at least once every 6 months while the authority is in
force; and
(b) as soon as is reasonably practicable after the authority is
cancelled,
give a report to the Commissioner of Police setting out the
20 particulars required by subsection (2).
(2) The report must include the following particulars:
(a) the nature of the criminal activities against which the
controlled operation was directed;
(b) the nature of the controlled activities engaged in for the
25 purposes of the controlled operation.
(3) A police officer to whom an authority to conduct an integrity
testing programme has been given must --
(a) at least once every 6 months while the authority is in
force; and
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s. 66
(b) as soon as is reasonably practicable after the authority is
cancelled,
give a report to the Commissioner of Police setting out a general
description of the activities undertaken by the police officer
5 under the authority.
(4) The Commissioner of Police is to give a copy of the report to
the Commission as soon as is reasonably practicable after the
Commissioner of Police is given the report.
66. Overseeing exercise of powers under this Division
10 (1) The Commission may by notice in writing direct the
Commissioner of Police or any other person to give the
Commission details of any controlled operation or integrity
testing programme for which a police officer was responsible,
including the identity of any person who participated in the
15 operation or programme.
(2) The Commission of Police or any other person to whom a notice
is given under subsection (1) is to comply with the direction in
the notice as soon as is reasonably practicable.
Division 6 -- Fortifications
20 67. Terms used in this Division
(1) In this Part --
"fortification" means any structure or device that, whether
alone or as part of a system, is designed to prevent or
impede, or to provide any other form of countermeasure
25 against, uninvited entry to premises;
"heavily fortified" has the meaning given by subsection (2);
"interested person" means a person who --
(a) is a lessee of the premises, whether or not actually
occupying the premises; or
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Division 6 Fortifications
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(b) is actually occupying, or is entitled to the possession
of, the premises;
"owner" means --
(a) if the premises are on land that is subject to the
5 Transfer of Land Act 1893 or the Land
Administration Act 1997, a proprietor of the land
within the meaning of the Transfer of Land Act 1893;
(b) if the premises are on land that is subject to the
Registration of Deeds Act 1856, the holder of an
10 estate or interest in the land that is registered by
memorial under that Act;
"submission" means a submission made by an owner or
interested person to the Commissioner of Police that a
fortification removal notice should not be issued;
15 "the submission period" has the meaning given by
section 69(2)(b).
(2) Premises are heavily fortified if there are, at the premises,
fortifications to an extent or of a nature that it would be
reasonable to regard as excessive for premises of that kind.
20 68. Issuing fortification warning notice
(1) The Commissioner of Police may, without giving notice to any
other person, apply to the Commission for the issue of a
fortification warning notice.
(2) The Commission may issue a fortification warning notice if
25 satisfied on the balance of probabilities that there are reasonable
grounds for suspecting that the premises to which it relates
are --
(a) heavily fortified; and
(b) habitually used as a place of resort by members of a
30 class of people a significant number of whom may
reasonably be suspected to be involved in organised
crime.
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(3) The Commission may be satisfied by a statement made by a
police officer and verified by statutory declaration.
69. Contents of fortification warning notice
(1) A fortification warning notice is addressed to --
5 (a) the owner of the premises to which it relates, or each
owner if there are 2 or more, by name; and
(b) any other interested persons, without naming them but
with an explanation of the term "interested person".
(2) The notice must contain --
10 (a) a brief summary of section 68(2), including an
explanation of the terms "fortification" and "heavily
fortified", and a statement that the Commission is
satisfied as to the matters mentioned in that provision;
(b) a warning that unless, within the period of 14 days after
15 the day on which a copy of the notice is given as
described in section 70(1) (the "submission period"),
the Commissioner of Police is satisfied that --
(i) the premises are not heavily fortified; or
(ii) the premises are not habitually used as a place of
20 resort by members of a class of people a
significant number of whom may reasonably be
suspected to be involved in organised crime,
a fortification removal notice may be issued; and
(c) an explanation of how a person who is an owner or
25 interested person can make a submission to the
Commissioner of Police that a fortification removal
notice should not be issued.
70. Giving fortification warning notice
(1) A copy of the fortification warning notice may be given --
30 (a) by giving it to any person --
(i) who is an owner; or
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(ii) who is actually occupying the premises and
appears to have reached 18 years of age,
in any way described in section 76 of the Interpretation
Act 1984, registered post being used if it is given by
5 post; or
(b) if it appears that any reasonable attempt to give it as
described in paragraph (a) is unlikely to be successful,
by affixing it to the front entrance or another part of the
premises where it can be easily seen.
10 (2) Giving a copy of a notice as described in subsection (1)(b) is to
be regarded as giving it to each person who is actually
occupying the premises and appears to have reached 18 years of
age.
(3) Although it is sufficient for the notice to be given as described
15 in subsection (1), the Commissioner of Police is to make every
reasonable attempt to give, as soon as practicable, a copy of the
notice to every person who has not already been given a copy of
it and who is an owner or interested person, indicating on that
copy when the submission period ends.
20 (4) If the notice is not given as described in subsection (1) within
14 days after the Commission issues it, the notice lapses and
cannot be given at all.
71. Withdrawal notice
(1) If, before the end of the time within which a fortification
25 removal notice can be issued, the Commissioner of Police
decides not to issue a fortification removal notice, the
Commissioner of Police is to give a withdrawal notice to each
person who was given a fortification warning notice.
(2) The withdrawal notice must identify the premises, refer to the
30 fortification warning notice, and state that the Commissioner of
Police has decided not to issue a fortification removal notice.
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(3) The withdrawal notice may be given in any way in which
section 70 would enable a fortification warning notice to be
given.
72. Issuing fortification removal notice
5 (1) If a fortification warning notice has been given as described in
section 70(1) and the submission period has elapsed, the
Commissioner of Police may issue a fortification removal notice
relating to the premises concerned.
(2) The Commissioner of Police cannot issue the fortification
10 removal notice unless, after considering each submission, if any,
made before the submission period elapsed, the Commissioner
of Police reasonably believes that the premises are --
(a) heavily fortified; and
(b) habitually used as a place of resort by members of a
15 class of people a significant number of whom may
reasonably be suspected to be involved in organised
crime.
(3) A fortification removal notice cannot be issued if --
(a) a period of more than 28 days has elapsed since the end
20 of the submission period; or
(b) the Commissioner of Police has given any person a
withdrawal notice referring to the fortification warning
notice concerned.
73. Contents of fortification removal notice
25 (1) A fortification removal notice is addressed to each person to
whom the fortification warning notice was addressed, and in the
same way.
(2) The notice must contain --
(a) a statement to the effect that, within 7 days after the day
30 on which the notice is given to the owner of the
premises or any further time allowed by the
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Commissioner of Police, the fortifications at the
premises must be removed or modified to the extent
necessary to satisfy the Commissioner of Police that the
premises are no longer heavily fortified;
5 (b) a warning as to the effect of section 75; and
(c) an explanation of the right to apply to the Supreme
Court for a review under section 76.
(3) The notice may, but need not, include details as to what would
need to be done before the Commissioner of Police would be
10 satisfied that the premises are no longer heavily fortified.
74. Giving fortification removal notice
(1) The fortification removal notice is to be given to the owner of
the premises and, if it is given by post, registered post is to be
used.
15 (2) Although it is sufficient for the notice to be given to the owner,
the Commissioner of Police is to make every reasonable attempt
to give a copy of the notice, as soon as practicable, to every
interested person.
(3) A copy of the notice may be given under subsection (2) in any
20 way in which section 70 would enable a fortification warning
notice to be given.
75. Enforcing fortification removal notice
(1) If the fortifications at the premises are not, within the time
specified in the fortification removal notice or any further time
25 allowed by the Commissioner of Police, removed or modified to
the extent necessary to satisfy the Commissioner of Police that
the premises are no longer heavily fortified, the Commissioner
of Police may cause the fortifications to be removed or modified
to the extent required by the fortification removal notice.
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(2) The Commissioner of Police may extend the time allowed by
the notice if, before the time allowed elapses, application is
made to the Commissioner of Police for it to be extended.
(3) Subsection (1) authorises police officers and agents of the
5 Commissioner of Police, without warrant or further notice, to
enter the premises and secure them in order to do anything for
the purposes of that subsection, and to use any force and employ
any equipment necessary.
(4) The Commissioner of Police may seize anything that can be
10 salvaged in the course of removing or modifying fortifications
under this section, and may sell or dispose of it as the
Commissioner of Police considers appropriate.
(5) The proceeds of any sale under subsection (4) are forfeited to
the State and, to the extent that they are insufficient to meet the
15 costs incurred by the Commissioner of Police under this section,
the Commissioner of Police may recover those costs as a debt
due from the owner of the premises.
76. Review of fortification removal notice
(1) If a fortification removal notice relating to premises has been
20 issued, the owner or an interested person may, within 7 days
after the day on which the notice is given to the owner of the
premises, apply to the Supreme Court for a review of whether,
having regard to the submissions, if any, made before the
submission period elapsed and any other information that the
25 Commissioner of Police took into consideration, the
Commissioner of Police could have reasonably had the belief
required by section 72(2) when issuing the notice.
(2) The Commissioner of Police may identify any information
provided to the court for the purposes of the review as
30 confidential if its disclosure might prejudice the operations of
the Commissioner of Police, and information so identified is for
the court's use only and is not to be disclosed to any other
person, whether or not a party to the proceedings, or publicly
disclosed in any way.
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(3) An application for review under this section cannot be made if
an application has previously been made by any person for the
review of the same matter.
(4) When the application for review is made, the period within
5 which fortifications can be removed or modified in accordance
with the fortification removal notice is extended to the seventh
day after the day on which the application for review is finally
disposed of by the court.
(5) The court may decide whether or not the Commissioner of
10 Police could have reasonably had the belief required by
section 72(2) when issuing the notice.
(6) If the court decides that the Commissioner of Police could not
have reasonably had the belief required by section 72(2) when
issuing the notice, the notice ceases to have effect.
15 (7) The decision of the court on an application for review under this
section is final but does not prevent the Commissioner of Police
from issuing a further notice under this Division relating to the
same premises.
77. Hindering removal or modification of fortifications
20 (1) A person who does anything intending to prevent, obstruct, or
delay, the removal or modification of fortifications in
accordance with a fortification removal notice commits a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
(2) Subsection (1) applies to the removal or modification of
25 fortifications by a person who --
(a) is, or is acting for or on the instructions of, the owner or
an interested person; or
(b) is acting under section 75(3).
page 52
Corruption and Crime Commission Bill 2003
Organised crime: exceptional powers and fortification removal Part 4
Fortifications Division 6
s. 78
78. Planning and other approval issues
(1) The powers given by this Division may be exercised without
regard to whether any statutory or other approval had been
given for the fortifications.
5 (2) No statutory or other approval is required for the removal or
modification of fortifications in accordance with a fortification
removal notice.
(3) Subsection (2) applies to the removal or modification of
fortifications by a person who --
10 (a) is, or is acting for or on the instructions of, the owner or
an interested person; or
(b) is acting under section 75(3).
79. No compensation
(1) No claim for compensation lies against a person for having
15 approved any fortifications that are, or are required to be,
removed or modified because of a notice under this Division.
(2) No other claim for compensation arises because of the exercise
of powers under this Division.
80. Protection from liability for wrongdoing
20 (1) An action in tort does not lie against a person for damage to
property at the premises that the person causes, in good faith, in
the performance or purported performance of a function under
this Division.
(2) The Crown is also relieved of any liability that it might
25 otherwise have had for a person having caused damage as
described in subsection (1).
(3) The protection given by this section applies even though the
damage was caused in the course of doing something that would
have been capable of being done whether or not this Division
30 had been enacted.
page 53
Corruption and Crime Commission Bill 2003
Part 4 Organised crime: exceptional powers and fortification removal
Division 7 General matters
s. 81
Division 7 -- General matters
81. Part not applicable to juveniles
(1) None of the powers given under this Part can be exercised in
respect of a juvenile.
5 (2) In this section --
"juvenile" means a person who has not reached 18 years of age.
82. Delegation by Commissioner of Police
(1) The Commissioner of Police may delegate any power or duty of
the Commissioner of Police under another provision of this Part
10 to a police officer whose rank is Assistant Commissioner or
higher.
(2) The delegation must be in writing signed by the Commissioner
of Police.
(3) A police officer exercising or performing a power or duty that
15 has been delegated to the police officer under this section is to
be taken to do so in accordance with the terms of the delegation
unless the contrary is shown.
(4) Nothing in this section limits the ability of the Commissioner of
Police to perform a function through an officer or a person
20 representing the Commissioner of Police.
83. Judicial supervision excluded
(1) A prerogative writ cannot be issued and an injunction or a
declaratory judgment cannot be given in respect of the
performance of a function for the purposes of this Part and
25 proceedings cannot be brought seeking such a writ, injunction,
or judgment.
(2) Subsection (1) does not apply after the completion of the
investigation that it was being sought to facilitate by performing
the function.
page 54
Corruption and Crime Commission Bill 2003
Reporting Part 5
Reports by Commission on specific matters Division 1
s. 84
Part 5 -- Reporting
Division 1 -- Reports by Commission on specific matters
84. Report to Parliament on investigation or received matter
(1) The Commission may at any time prepare a report on any matter
5 that has been the subject of an investigation or other action in
respect of misconduct, irrespective of whether the investigation
or action was carried out by --
(a) the Commission alone;
(b) the Commission in cooperation with an independent
10 agency or appropriate authority; or
(c) an appropriate authority alone.
(2) The Commission may at any time prepare a report on any
received matter, irrespective of whether the matter has been the
subject of an investigation or other action under this Act or any
15 other law.
(3) The Commission may include in a report under this section --
(a) statements as to any of the Commission's assessments,
opinions and recommendations; and
(b) statements as to any of the Commission's reasons for the
20 assessments, opinions and recommendations.
(4) The Commission may cause a report prepared under this section
to be laid before each House of Parliament or dealt with under
section 93.
85. Report to Parliament on further action by appropriate
25 authority
(1) After considering a report given to the Commission by an
appropriate authority under section 39(1) or (4), the
Commission may prepare a report on the report of the authority.
page 55
Corruption and Crime Commission Bill 2003
Part 5 Reporting
Division 1 Reports by Commission on specific matters
s. 86
(2) During or after the carrying out of action by an appropriate
authority in respect of an allegation referred to the authority
under section 36(1), the Commission may prepare a report if the
Commission considers that the action is not being, or has not
5 been, properly, efficiently or expeditiously carried out.
(3) The Commission may include in a report under this section --
(a) statements as to any of the Commission's assessments,
opinions and recommendations; and
(b) statements as to any of the Commission's reasons for the
10 assessments, opinions and recommendations.
(4) The Commission may cause a report prepared under this section
to be laid before each House of Parliament or dealt with under
section 93.
86. Contents of reports
15 Before reporting any matters adverse to a person or body in a
report under section 84 or 85, the Commission must give the
person or body a reasonable opportunity to make
representations to the Commission concerning those matters.
87. Disclosure of matters in report
20 (1) If a report under section 84 or 85 is laid before either House of
Parliament, a matter included in that report may be disclosed
despite section 151.
(2) Subsection (1) does not apply if a presiding officer of a House
of Parliament withholds the report, or that matter, from the
25 public.
(3) If, following the making by the Commission of a report under
section 84 or 85 to a Standing Committee or a Minister, the
Standing Committee or Minister approves the disclosure of a
matter included in the report, that matter may be disclosed
30 despite section 151.
page 56
Corruption and Crime Commission Bill 2003
Reporting Part 5
Reports by Commission on specific matters Division 1
s. 88
88. Special reports
(1) The Commission may, at any time prepare a special report on
any administrative or general policy matter relating to the
functions of the Commission.
5 (2) The Commission may cause the special report to be laid before
each House of Parliament or dealt with under section 93.
89. Report to the Minister, other Ministers or a Standing
Committee
A report of the kind mentioned in section 84, 85 or 88 may be
10 made by the Commission to the Minister, or another Minister or
a Standing Committee instead of being laid before each House
of Parliament or dealt with under section 93 if, for any reason,
the Commission considers it appropriate to do so.
90. Reports concerning police officers and chief executive
15 officers
(1) Without limiting any other function under this Act, the
Commission may prepare a report on information available to
the Commission about a person proposed to be appointed as --
(a) Commissioner of Police;
20 (b) a commissioned police officer, a non-commissioned
police officer, a constable, a special constable or an
aboriginal aide under the Police Act 1892; or
(c) a chief executive officer.
(2) A report about a person must be given to the person.
25 (3) A report about a person proposed to be appointed as
Commissioner of Police or a commissioned police officer may
be given to --
(a) the Minister responsible for the administration of the
Police Act 1892; and
page 57
Corruption and Crime Commission Bill 2003
Part 5 Reporting
Division 2 General reports
s. 91
(b) any other Minister that the Minister responsible for the
administration of the Police Act 1892 considers has a
relevant interest in the report.
(4) A report about a person proposed to be appointed as a
5 non-commissioned police officer or a constable may be given
to --
(a) the Commissioner of Police or the Minister responsible
for the administration of the Police Act 1892 or both of
those persons; and
10 (b) if the report is given to the Minister responsible for the
administration of the Police Act 1892, any other
Minister that that Minister considers has a relevant
interest in the report.
(5) A report about a person proposed to be appointed as a special
15 constable or an aboriginal aide may be given to the
Commissioner of Police.
(6) A report about a person proposed to be appointed as a chief
executive officer may be given to --
(a) the Minister responsible for the administration of the
20 Public Sector Management Act 1994; and
(b) any other Minister that the Minister responsible for the
administration of the Public Sector Management
Act 1994 considers has a relevant interest in the report.
(7) Except as provided in this section, the fact that the Commission
25 has given a report under this section, and any details of a report
given under this section, must not be disclosed.
Division 2 -- General reports
91. Annual report to Parliament
(1) The Commission is to prepare, within 3 months after 30 June of
30 each year, a report as to its general activities during that year.
page 58
Corruption and Crime Commission Bill 2003
Reporting Part 5
General reports Division 2
s. 91
(2) The report is to include --
(a) a description of the types of allegations received or
initiated by the Commission;
(b) a description of the types of investigations carried out by
5 the Commission;
(c) an evaluation of the response of appropriate authorities
to recommendations made by the Commission;
(d) the general nature and extent of any information
furnished under the Act by the Commission to
10 independent authorities;
(e) the extent to which investigations carried out by the
Commission have resulted in prosecutions of public
officers or other persons or disciplinary action against
public officers;
15 (f) the number of exceptional powers findings made under
section 46;
(g) the number of fortification warning notices issued by the
Commission under section 68;
(h) the number of notices to produce a statement of
20 information issued under section 94;
(i) the number of search warrants issued to the Commission
under section 101;
(j) the number of approvals for the acquisition and use of
an assumed identity given by the Commission under
25 section 103;
(k) the number of authorities to conduct controlled
operations granted by the Commission under
section 121;
(l) the number of authorities for integrity testing
30 programmes granted by the Commission under
section 123;
(m) the number of warrants of apprehension issued by the
Commission under section 148;
page 59
Corruption and Crime Commission Bill 2003
Part 5 Reporting
Division 2 General reports
s. 92
(n) the number of warrants and emergency authorisations
issued to the Commission under the Surveillance
Devices Act 1998;
(o) the number of warrants issued to the Commission under
5 the Telecommunications (Interception) Act 1979 of the
Commonwealth;
(p) a description of the Commission's activities during that
year in relation to its prevention and education function;
and
10 (q) any recommendations for changes in the laws of the
State that the Commission considers should be made as
a result of the performance of its functions.
(3) Nothing in this section requires the Commission to provide
operational information in a report under subsection (1).
15 (4) The Commission is to cause a copy of a report prepared under
this section to be laid before each House of Parliament, or dealt
with under section 93, within 21 days of the preparation of the
report.
(5) This section does not limit Part II Division 14 of the Financial
20 Administration and Audit Act 1985 and the report required
under this section may be prepared and dealt with in
conjunction with the report required under that Division.
92. Periodical report to Parliament
(1) Rules of Parliament may require the Commission to report to
25 each House of Parliament or a Standing Committee, as and
when prescribed in the Rules, as to the general activities of the
Commission.
(2) The Rules of Parliament referred to in this section are rules that
have been agreed upon by each House of Parliament in
30 accordance with the Rules and Orders of those Houses.
(3) Rules of Parliament made under this section must be published
in the Gazette.
page 60
Corruption and Crime Commission Bill 2003
Reporting Part 5
General matters Division 3
s. 93
(4) Section 42 of the Interpretation Act 1984 does not apply to
Rules of Parliament made under this section.
Division 3 -- General matters
93. Laying documents before House of Parliament that is not
5 sitting
(1) If a copy of a report of the kind mentioned in section 84, 85
or 88 may be laid before each House of Parliament and a House
of Parliament is not sitting, the Commission may transmit a
copy of the report to the Clerk of that House.
10 (2) If section 91 requires the Commission to cause a copy of a
report to be laid before each House of Parliament, or dealt with
under this section, within a period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
15 (b) the Commission is of the opinion that the House will not
sit during that period,
the Commission is to transmit a copy of the report to the Clerk
of that House.
(3) A copy of a report transmitted to the Clerk of a House is to be
20 regarded as having been laid before that House.
(4) The laying of a copy of the text of a document that is regarded
as having occurred under subsection (3) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
page 61
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 1 Particular powers to require information or attendance
s. 94
Part 6 -- Powers
Division 1 -- Particular powers to require information
or attendance
94. Power to obtain statement of information
5 (1) For the purposes of an investigation, the Commission may, by
written notice served on a public authority or public officer,
require the authority or officer to produce a statement of
information.
(2) A notice under this section must --
10 (a) specify or describe the information concerned;
(b) fix a time and date by which the statement of
information must be produced; and
(c) specify the person (being an officer of the Commission)
to whom the production is to be made.
15 (3) The notice --
(a) may provide that the requirement may be satisfied by
some other person acting on behalf of the public
authority or public officer; and
(b) may specify the person or class of persons who may so
20 act.
(4) Subject to subsection (5), the powers conferred by this section
may be exercised despite --
(a) any rule of law which, in proceedings in a court, might
justify an objection to the production of a statement of
25 information on grounds of public interest;
(b) any privilege of a public authority or public officer in
that capacity which the authority or official could have
claimed in a court of law; or
(c) any duty of secrecy or other restriction on disclosure
30 applying to a public authority or public official.
page 62
Corruption and Crime Commission Bill 2003
Powers Part 6
Particular powers to require information or attendance Division 1
s. 95
(5) Nothing in this section affects the operation of the
Parliamentary Privileges Act 1891.
(6) A statement of information produced by a person in compliance
with a notice served under this section is not admissible in
5 evidence against that person in any civil or criminal proceedings
except --
(a) contempt proceedings;
(b) proceedings for an offence against this Act; or
(c) an action or related proceedings under section 8 of the
10 Police Act 1892 (including any appeal in relation to that
action or those proceedings);
(d) proceedings under section 23 of the Police Act 1892.
(7) Despite subsection (6), the witness may, in any civil or criminal
proceedings, be asked about the statement under section 21 of
15 the Evidence Act 1906.
95. Power to obtain documents and other things
(1) The Commission may, by written notice served on a person,
require the person --
(a) to attend, at a time and place specified in the notice,
20 before the Commission or an officer of the Commission
as specified in the notice; and
(b) to produce at that time and place to the person so
specified a document or other thing specified in the
notice.
25 (2) The notice --
(a) may provide that the requirement may be satisfied by
some other person acting on behalf of the person on
whom it was imposed; and
(b) may specify the person or class of persons who may so
30 act.
page 63
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 1 Particular powers to require information or attendance
s. 96
96. Power to summon witnesses to attend and produce things
(1) The Commission may issue a signed summons and cause it to
be served on the person to whom it is addressed.
(2) Personal service of the summons is required.
5 (3) The summons may require the person to whom it is addressed to
attend before the Commission at an examination, at a time and
place specified in the summons, and then and there to --
(a) give evidence;
(b) produce any record or other thing in the person's
10 custody or control that is described in the summons; or
(c) do both of those things.
97. Witnesses to attend while required
A person who has been served with a summons under section 96
is required, unless excused by the Commission, to attend as
15 specified by the summons and report to the Commission from
day to day until released from further attendance by the
Commission.
98. Power of Commission in relation to things produced
(1) The Commission or a person authorised in writing by the
20 Commission may --
(a) inspect any document or other thing produced before the
Commission or an officer of the Commission;
(b) retain the document or other thing for a reasonable
period; and
25 (c) take photographs or copies of, or extracts or notes from,
anything relevant to the investigation.
(2) The Commission may make an order about what is to be done
with any document or other thing produced before the
Commission or an officer of the Commission, and it may be
30 dealt with in accordance with that order.
page 64
Corruption and Crime Commission Bill 2003
Powers Part 6
Particular powers to require information or attendance Division 1
s. 99
(3) The Commission may not order a document to be destroyed
except in accord with the State Records Act 2000.
99. Notation on notice or summons to restrict disclosure
(1) In this section --
5 "official matter" means any of the following (whether past,
present or contingent) --
(a) the investigation for the purposes of which a notice or
summons that includes a notation under this section
was issued;
10 (b) an examination before the Commission for the
purposes of the investigation; or
(c) court proceedings.
(2) A notice under section 94 or 95 or a summons under section 96
may include a notation to the effect that disclosure of
15 information about the notice or summons, or about any official
matter connected with it, is prohibited except in the
circumstances, if any, specified in the notation.
(3) The notation cannot be included unless subsection (4) requires it
to be included or subsection (5) permits it to be included.
20 (4) The notation is required to be included if the Commission is
satisfied that failure to do so could reasonably be expected to
prejudice --
(a) the safety or reputation of a person;
(b) the fair trial of a person who has been or may be charged
25 with an offence; or
(c) the effectiveness of an investigation.
(5) The notation may be included if the Commission is satisfied that
failure to do so --
(a) might prejudice --
30 (i) the safety or reputation of a person;
page 65
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 1 Particular powers to require information or attendance
s. 99
(ii) the fair trial of a person who has been or may be
charged with an offence; or
(iii) the effectiveness of an investigation;
or
5 (b) might otherwise be contrary to the public interest.
(6) If the notation is included, it must be accompanied by a written
statement describing the effect of section 167.
(7) The notation ceases to have effect if, after the conclusion of the
investigation concerned --
10 (a) no evidence of an offence has been obtained;
(b) although evidence of an offence or offences has been
obtained, it has been decided not to initiate any criminal
proceedings in which the evidence would be relevant;
(c) evidence of an offence or offences committed by only
15 one person has been obtained and criminal proceedings
have been initiated against that person; or
(d) evidence of an offence or offences committed by 2 or
more persons has been obtained and --
(i) criminal proceedings have been initiated against
20 all those persons; or
(ii) criminal proceedings have been initiated against
all those persons except any of them against
whom it has been decided not to initiate criminal
proceedings.
25 (8) If the notation ceases to have effect because of subsection (7),
the Commission must serve a written notice of that fact on each
person who was served with the summons or notice containing
the notation.
(9) If the notation is inconsistent with a direction given under
30 section 151(4)(a), the notation has no effect to the extent of the
inconsistency.
page 66
Corruption and Crime Commission Bill 2003
Powers Part 6
Entry, search and related matters Division 2
s. 100
Division 2 -- Entry, search and related matters
100. Power to enter and search public premises
(1) An officer of the Commission authorised in writing by the
Commission may, at any time without a warrant --
5 (a) enter and inspect any premises occupied or used by a
public authority or public officer in that capacity;
(b) inspect any document or other thing in or on the
premises; and
(c) take copies of any document in or on the premises.
10 (2) The powers conferred by this section must not be exercised
other than for the purpose of investigating any conduct of a
person that constitutes or involves or may constitute or involve
misconduct.
(3) A public authority or public officer must make available to an
15 officer authorised under subsection (1) such facilities as are
necessary to enable the powers conferred by subsection (1) to be
exercised.
(4) Subject to subsection (5), the powers conferred by this section
may be exercised despite --
20 (a) any rule of law which, in proceedings in a court, might
justify an objection to an inspection of the premises or to
the production of a document or other thing on grounds
of public interest;
(b) any privilege of a public authority or public officer in
25 that capacity which the authority or official could have
claimed in a court of law; or
(c) any duty of secrecy or other restriction on disclosure
applying to a public authority or public official.
(5) Nothing in this section affects the operation of the
30 Parliamentary Privileges Act 1891.
page 67
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 2 Entry, search and related matters
s. 101
101. Search warrants
(1) In this section --
"authorised person" means --
(a) the named officer of the Commission or named
5 officers of the Commission on whom authority is
conferred by a warrant; or
(b) a person referred to in subsection (3);
"relevant material" means records or things that are or appear
likely to be relevant to the investigation of suspected
10 misconduct;
"warrant" means a warrant issued under subsection (2).
(2) If a Judge of the Supreme Court is satisfied, on the application
of the Commission, that there are reasonable grounds for
suspecting that there may be relevant material in or on particular
15 premises, the Judge may issue a search warrant authorising a
named officer of the Commission or named officers of the
Commission --
(a) to enter and search the premises; and
(b) where the premises comprise a vehicle, vessel, aircraft
20 or the like, to stop and detain and give directions as to
the movement of the same.
(3) The person or persons on whom authority is conferred by a
warrant may be accompanied by such other persons as are
necessary for the effective exercise of the powers conferred by
25 the warrant and this section.
(4) In addition to exercising the powers in subsection (2) an
authorised person acting under a warrant may --
(a) break open and search any thing in or on the premises it
is suspected might contain relevant material;
30 (b) seize any relevant material and deliver it to the
Commission;
(c) secure any relevant material against interference;
page 68
Corruption and Crime Commission Bill 2003
Powers Part 6
Assumed identities Division 3
s. 102
(d) request any person found in or on the premises to
produce any relevant material which at the time of the
request is in the possession, under the control, or at the
order or disposition, of that person whether in or on the
5 premises or elsewhere; and
(e) take photographs or copies of, or extracts or notes from,
any relevant material.
(5) An authorised person acting under a warrant may use such
reasonable force as is necessary.
10 (6) The Commission may --
(a) retain possession of any relevant material for such
reasonable period as it thinks fit; and
(b) at any time release any relevant material, whether
conditionally or unconditionally, to any person who
15 appears to be entitled to possession of it.
Division 3 -- Assumed identities
102. Terms used in this Division
In this Part --
"chief officer", of an issuing agency, means the officer in
20 charge (however described) of the issuing agency;
"issuing agency" means --
(a) a public authority; or
(b) a person, body or entity that is not a public authority;
"officer", of an issuing agency, includes a person employed or
25 engaged by the issuing agency;
"register" means a register kept under the Births, Deaths and
Marriages Registration Act 1998;
"Registrar" means the Registrar of Births, Deaths and
Marriages referred to in section 5 of the Births, Deaths and
30 Marriages Registration Act 1998.
page 69
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 3 Assumed identities
s. 103
103. Approval for assumed identity
(1) The Commission may grant an approval (an "assumed identity
approval") for the acquisition and use of an assumed identity
by an officer of the Commission.
5 (2) The approval must be in writing signed by the Commission.
(3) A single approval may be given for one or more assumed
identities.
(4) The approval --
(a) must specify --
10 (i) the date of the approval;
(ii) the details of each assumed identity approved;
(iii) the name of the officer of the Commission to
whom the approval applies;
(b) may specify the evidence of each assumed identity that
15 may be acquired under the approval.
(5) The approval may be granted subject to conditions specified in
the approval.
(6) The Commission may, in writing, vary or cancel the approval.
(7) Written notice of the variation or cancellation must be given to
20 the officer to whom the approval applies.
(8) The variation or cancellation of an approval takes effect --
(a) on the day the written notice is given to the officer to
whom the approval applies; or
(b) if a later date of effect is stated in the notice -- on the
25 day stated.
(9) The approval remains in force until it is cancelled.
page 70
Corruption and Crime Commission Bill 2003
Powers Part 6
Assumed identities Division 3
s. 104
104. What an approval authorises
(1) An assumed identity approval authorises the officer of the
Commission to whom it applies to acquire and use an assumed
identity specified in the approval if the acquisition and use
5 are --
(a) in the course of, or incidental to, duty; and
(b) in accordance with the assumed identity approval.
(2) The officer can use an assumed identity under the authority of
an assumed identity approval without having actually acquired
10 the identity.
(3) For the purposes of this Division --
(a) an officer acquires an assumed identity by obtaining
evidence of the identity under the assumed identity,
including by obtaining the making of an entry in any
15 register or other record of information; and
(b) an officer uses an assumed identity by --
(i) representing it to be the officer's true identity; or
(ii) acting in a way that is consistent with such an
identity rather than the officer's real identity.
20 (4) An assumed identity approval also authorises --
(a) the making (by the officer to whom the approval applies
or by the Commission) of any false or misleading
representation about the officer, for the purposes of or in
connection with the acquisition or use of the assumed
25 identity by the officer; and
(b) the use by the officer of the assumed identity to obtain
evidence of the identity.
page 71
Corruption and Crime Commission Bill 2003
Part 6 Powers
Division 3 Assumed identities
s. 105
105. Issuing evidence of assumed identity
(1) The Commission may request the chief officer of an issuing
agency to --
(a) produce evidence of an assumed identity in accordance
5 with an assumed identity approval; and
(b) give evidence of an assumed identity to the officer
specified in the approval.
(2) The request must state a reasonable period for compliance with
the request.
10 (3) The chief officer of a public authority who receives a request
under subsection (1) is authorised and required to comply with
the request.
(4) The chief officer of an issuing agency that is not a public
authority who receives a request under subsection (1) is
15 authorised to comply with the request, but does not have to do
so.
(5) For the purpose of complying with a request under this section,
the chief officer, and any other officer of the issuing agency
acting in accordance with the directions of the officer in charge,
20 are authorised to provide evidence of identity and make an
appropriate entry in a register or other record of information in
accordance with the request.
(6) In subsection (5) --
"appropriate entry", in respect of an assumed identity, means
25 a written or electronic entry that, either alone or with other
entries, is not inconsistent with the assumed identity being
a real identity.
106. Court orders as to entries in register
(1) A Judge of the Supreme Court may order the Registrar to make
30 an entry in a register under the Births, Deaths and Marriages
Registration Act 1998 in relation to the acquisition of an
assumed identity under an assumed identity approval.
page 72
Corruption and Crime Commission Bill 2003
Powers Part 6
Assumed identities Division 3
s. 107
(2) The Judge may make the order --
(a) on application of the Commission; and
(b) if satisfied the order is justified having regard to the
nature of the activities to be undertaken by the officer of
5 the Commission under the assumed identity approval.
(3) The Registrar must give effect to the order --
(a) within the period stated in the order; or
(b) if no period is stated in the order -- within 28 days after
the day on which the order is made.
10 107. Hearing of application
(1) An application under section 106 or 109 is to be heard in closed
court.
(2) A transcript of the proceedings on the application is not to be
made.
15 (3) No record of the application or of an order in relation to the
application is to be available for search by any person, except
by direction of a Judge.
(4) Nothing in this section prevents a person who was present at an
application from giving oral evidence to a court about things
20 that happened at the application.
108. Cancellation of evidence of assumed identity
(1) The chief officer of an issuing agency who produces evidence
of an assumed identity under this Division is to cancel the
evidence if directed in writing to do so by the Commission.
25 (2) This section does not apply to an entry in a register because of
an order under section 106.
(3) In this section --
"cancel" includes delete or alter an entry in a record of
information.
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Division 3 Assumed identities
s. 109
109. Cancellation of approval affecting entry in register of births,
deaths and marriages
(1) This section applies if --
(a) the Commission cancels an approval for an assumed
5 identity; and
(b) there is an entry in relation to that identity in a register
because of an order under section 106.
(2) If this section applies, the Commission must apply for an order
under section 110 within 28 days after the approval is cancelled.
10 110. Cancelling entries in register of births, deaths and
marriages
(1) On application of the Commission, a Judge of the Supreme
Court may order the Registrar to cancel an entry that has been
made in a register under an order under section 106.
15 (2) The Registrar must give effect to the order within 28 days after
the day on which the order is made.
111. Protection from liability
(1) The chief officer, or another officer, of an issuing agency who
does something that, apart from this section, would be an
20 offence, is not criminally responsible for the offence if the thing
is done to comply with a request under section 105 or 108 or an
order under section 106 or 110.
(2) If an officer of the Commission to whom an assumed identity
approval applies does something that, apart from this section,
25 would be an offence, the officer is not criminally responsible for
the offence if --
(a) the thing is done in the course of acquiring or using an
assumed identity in accordance with the approval;
(b) the thing is done in the course of duty; and
30 (c) the thing would not be an offence if the assumed identity
were the officer's real identity.
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Assumed identities Division 3
s. 112
112. Indemnity
(1) The Commission must indemnify an issuing agency, or an
officer of the agency, for any liability incurred by the agency or
officer (including reasonable costs) if --
5 (a) the liability is incurred because of something done by
the agency or officer to comply with a request under
section 105, a direction under section 108 or an order
under section 106 or 110 and in the course of duty; and
(b) any requirements prescribed by the regulations have
10 been met.
(2) The Commission must indemnify an officer of the Commission
to whom an assumed identity approval applies for any liability
incurred by the officer (including reasonable costs) because of
something done by the officer if --
15 (a) the thing is done in the course of acquiring or using an
assumed identity in accordance with the approval;
(b) the thing is done in the course of the officer's duty; and
(c) any requirements prescribed under the regulations have
been met.
20 113. Particular skills or qualifications
(1) Sections 111 and 112 do not apply to anything done by an
officer of the Commission to whom an assumed identity
approval applies if --
(a) a particular skill or qualification is needed to do the
25 thing; and
(b) the officer does not have that skill or qualification.
(2) Subsection (1) applies whether or not the officer has acquired,
as evidence of the assumed identity, a document that establishes
that he or she has that skill or qualification.
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Division 3 Assumed identities
s. 114
114. Identity of certain officers not to be disclosed in legal
proceedings
(1) In this section --
"court" includes any tribunal, authority or person having power
5 to require the production of documents or the answering of
questions.
(2) If, in proceedings before a court, the identity of an officer of the
Commission in respect of whom an assumed identity approval is
or was in force may be disclosed, the court must, unless it
10 considers that the interests of justice otherwise require --
(a) ensure that such parts of the proceedings as relate to the
real identity of the officer are held in private; and
(b) make such orders as to the suppression of evidence
given before it as, in its opinion, will ensure that the
15 identity of the officer is not disclosed.
(3) In particular, the court --
(a) may allow an officer in respect of whom an assumed
identity approval was or is in force to appear before it
under the assumed identity or under a code name or
20 code number; and
(b) may make orders prohibiting the publication of any
information (including information derived from
evidence before it) that identifies, or might facilitate the
identification of, any person who has been or is
25 proposed to be called to give evidence.
(4) A person who discloses information in contravention of an order
in force under this section is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
115. Information not to be disclosed
30 A person who, either directly or indirectly, makes a record of, or
discloses, to another person, any information relating to the
provision of evidence of identity or the making of an entry in a
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Assumed identities Division 3
s. 116
register or other record of information under this Division,
unless it is necessary to do so for the purposes of this Division,
is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
5 116. Misuse of assumed identity
(1) An officer of the Commission to whom an assumed identity
approval applies must not misuse an assumed identity covered
by the approval.
Penalty: Imprisonment for 3 years and a fine of $60 000.
10 (2) For the purposes of subsection (1), an officer of the Commission
misuses an assumed identity covered by an approval if --
(a) the officer acquires evidence of, or uses, the assumed
identity; and
(b) the acquisition or use is not --
15 (i) in accordance with the approval; and
(ii) in the course of duty.
117. Evidence
(1) A document purporting to be an approval granted by the
Commission is admissible in any legal proceedings.
20 (2) A certificate signed by the Commission stating that --
(a) a person is authorised by this Division to prepare and
provide a specified document or make a specified entry;
or
(b) on a specified date, or during a specified period, a
25 specified officer of the Commission was authorised to
acquire and use a specified assumed identity in
accordance with specified conditions,
is admissible in any legal proceedings and is conclusive
evidence of the matters specified in the certificate.
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Part 6 Powers
Division 4 Controlled operations and integrity testing programmes
s. 118
118. Review
The Commission must review each assumed identity approval at
least once every 6 months while the approval is in force.
Division 4 -- Controlled operations and integrity
5 testing programmes
119. Terms used in this Division
In this Division --
"authorised operation" means a controlled operation or
integrity testing programme for which an authority is in
10 force;
"authority" means an authority in force under this Division,
and includes any variation of such an authority;
"civilian participant" in an authorised operation means a
participant in the operation who is not an officer of the
15 Commission;
"controlled activity" means an activity for which a person
would, but for section 128, be criminally responsible;
"controlled operation" means an operation that --
(a) is conducted, or intended to be conducted, for the
20 purpose of obtaining or facilitating the obtaining of
evidence of misconduct; and
(b) involves or may involve a controlled activity;
"formal authority" has the meaning given by section 121(2);
"integrity testing programme" has the meaning given by
25 section 123;
"officer participant" in an authorised operation means a
participant in the operation who is an officer of the
Commission;
"participant" in an authorised operation means a person who is
30 authorised under this Division to engage in controlled
activities for the purposes of the operation;
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Controlled operations and integrity testing programmes Division 4
s. 120
"urgent authority" has the meaning given by section 121(2).
120. Provisions are not to affect certain matters
The provisions of this Division are not intended to limit a
discretion that a court has --
5 (a) to admit or exclude evidence in any proceedings; or
(b) to stay criminal proceedings in the interests of justice.
121. Authority to conduct controlled operation
(1) The Commission may grant an authority to conduct a controlled
operation.
10 (2) The authority may be granted --
(a) by means of a written document signed by the
Commission (a "formal authority"); or
(b) by such other means as are available, including (but not
limited to) orally in person, by telephone or by 2-way
15 radio (an "urgent authority").
(3) The authority must --
(a) specify the officer of the Commission responsible for
the operation;
(b) identify each person who may engage in controlled
20 activities for the purposes of the operation;
(c) identify the controlled operation;
(d) specify --
(i) with respect to officer participants, the nature of
the controlled activities that those officers may
25 engage in; and
(ii) with respect to civilian participants, the nature of
the controlled activities that each participant may
engage in;
(e) specify a period, not exceeding 6 months, for which the
30 authority is to remain in force; and
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Division 4 Controlled operations and integrity testing programmes
s. 121
(f) specify the day on which and time when, the authority is
given.
(4) A person is sufficiently identified for the purposes of
subsection (3)(a) or (b) if the person is identified --
5 (a) by an assumed identity under which the person is
operating; or
(b) by a code name or number,
so long as the assumed identity, code name or code number can
be matched to the person's identity by reference to
10 documentation kept by the Commission.
(5) For the purposes of subsection (3)(c) a controlled operation may
be identified by reference to a plan of the controlled operation
held by the Commission.
(6) The authority may be granted subject to conditions specified in
15 the authority.
(7) If the Commission grants an urgent authority, the Commission
must --
(a) ensure that written notes are kept of the following
matters --
20 (i) the date and time when the authority was
granted; and
(ii) the particulars referred to in subsections (3)
and (6);
(b) as soon as practicable prepare a written document that
25 complies with subsection (3) and includes any
conditions subject to which the authority was granted.
(8) Unless it is sooner cancelled, an authority remains in force for
the period specified in the authority.
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Controlled operations and integrity testing programmes Division 4
s. 122
122. Certain matters not to be authorised
(1) An authority to conduct a controlled operation must not be
granted in relation to a proposed operation that involves any
participant in the operation --
5 (a) intentionally inducing a person to engage in misconduct
of a kind that the person would not otherwise have
intended to engage in; or
(b) engaging in conduct that is likely to seriously endanger
the health or safety of that or any other participant, or
10 any other person, or to result in serious loss or damage
to property.
(2) An authority to conduct a controlled operation in respect of a
matter for which there is not an allegation of misconduct must
not be granted unless each person to be investigated under the
15 controlled operation is --
(a) a police officer; or
(b) a person of a class prescribed by the regulations.
(3) A person must not be authorised to participate in a controlled
operation unless the Commission is satisfied that the person has
20 the appropriate skills to participate in the operation.
(4) A person who is not an officer of the Commission --
(a) must not be authorised to participate in any aspect of a
controlled operation unless the Commission is satisfied
that it is wholly impracticable for an officer of the
25 Commission to participate in that aspect of the
operation; and
(b) must not be authorised to engage in a controlled activity
unless it is wholly impracticable for the person to
participate in the aspect of the controlled operation
30 referred to in paragraph (a) without engaging in that
activity.
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Part 6 Powers
Division 4 Controlled operations and integrity testing programmes
s. 123
123. Authority to conduct integrity testing programme
(1) The Commission may grant an authority for an officer of the
Commission or another person to conduct a programme (an
"integrity testing programme") to test the integrity of any
5 particular public officer or class of public officers.
(2) An integrity testing programme may involve an act or omission
(by a person who is participating in the programme) that offers a
public officer whose integrity is being tested the opportunity to
engage in behaviour, whether lawful or unlawful, in
10 contravention of the principles of integrity required of a public
officer.
(3) The authority must be in writing signed by the Commission.
(4) The authority must --
(a) specify the officer of the Commission responsible for
15 the programme;
(b) specify the names of any persons who are authorised to
participate in the programme;
(c) identify the integrity testing programme;
(d) specify the nature of the particular activities in which
20 the persons specified in the authority are authorised to
engage;
(e) specify a period, not exceeding 6 months, for which the
authority is given; and
(f) specify a date and time, being not earlier than its
25 signing, when the authority comes into force.
(5) For the purposes of subsection (4)(c) an integrity testing
programme may be identified by reference to a plan of the
programme held by the Commission.
(6) A person is sufficiently identified for the purposes of
30 subsection (4)(a) or (b) if the person is identified --
(a) by an assumed identity under which the person is
operating; or
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Controlled operations and integrity testing programmes Division 4
s. 124
(b) by a code name or number,
so long as the assumed identity, code name or code number can
be matched to the person's identity by reference to
documentation kept by the Commission.
5 (7) The authority may be granted subject to conditions specified in
the authority.
(8) An authority to conduct an integrity testing programme in
respect of a matter for which there is not an allegation of
misconduct must not be granted unless each person to be tested
10 under the integrity testing programme is --
(a) a police officer; or
(b) a person of a class prescribed by the regulations.
(9) Unless it is sooner cancelled, an authority remains in force for
the period specified in the authority.
15 124. Variation of authority
(1) The Commission may vary an authority.
(2) The variation must --
(a) identify the authorised operation for which the authority
is in force;
20 (b) specify the date and time when the variation of the
authority is granted; and
(c) describe the variation.
(3) A variation of an authority to conduct a controlled operation
may be granted --
25 (a) by means of a written document signed by the
Commission (a "formal variation of an authority"); or
(b) by such other means as are available, including (but not
limited to) orally in person, by telephone or by 2-way
radio (an "urgent variation of an authority").
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Division 4 Controlled operations and integrity testing programmes
s. 125
(4) A variation of an authority to conduct an integrity testing
programme must be granted by means of a written document
signed by the Commission.
(5) If the Commission grants an urgent variation of an authority, the
5 Commission must --
(a) ensure that written notes are kept of the date and time
when the variation of authority was granted; and
(b) as soon as practicable prepare a written document that
complies with subsection (2).
10 125. Cancellation of authority
(1) The Commission may, by order in writing, cancel an authority.
(2) Cancellation of an authority takes effect at the time the order is
made or at such later time as may be specified in the order.
126. Effect of authority
15 While it is in force, an authority for a controlled operation or an
integrity testing programme --
(a) authorises each officer participant to engage in the
controlled activities specified in the authority in respect
of the officer participants; and
20 (b) authorises each civilian participant to engage in the
particular controlled activities specified in the authority
in respect of that participant.
127. Defect in authority
Any authority or variation of authority is not invalidated by any
25 defect, other than a defect that affects the authority or variation
in a material particular.
128. Protection from criminal responsibility
Despite any written or other law, a participant who engages in
an activity in an authorised operation in the course of, and for
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Powers Part 6
Controlled operations and integrity testing programmes Division 4
s. 129
the purposes of the operation, is not, if engaging in that activity
is an offence, criminally responsible for the offence, if --
(a) the activity is authorised by, and is engaged in
accordance with, the authority for the operation; and
5 (b) in the case of a controlled operation, the activity meets
the requirements of section 130.
129. Indemnification of participants against civil liability
(1) The Commission must indemnify an officer of the Commission
against any civil liability (including reasonable costs) the officer
10 incurs because of conduct the officer engages in as an officer
participant if --
(a) the officer engages in the conduct in the course of, and
for the purposes of, an operation authorised by, and in
accordance with, the authority for the operation;
15 (b) in the case of a controlled operation, the conduct meets
the requirements of section 130; and
(c) the requirements specified in the regulations have been
met.
(2) The Commission must indemnify a person who is not an officer
20 of the Commission against any civil liability (including
reasonable costs) the person incurs because of conduct the
person engages in as a civilian participant if --
(a) the person engages in the conduct in the course of, and
for the purposes of, an operation authorised by, and in
25 accordance with, the authority for the operation;
(b) in the case of a controlled operation, the conduct meets
the requirements of section 130; and
(c) the requirements specified in the regulations have been
met.
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Part 6 Powers
Division 4 Controlled operations and integrity testing programmes
s. 130
130. Requirements that must be met to obtain protection from
criminal responsibility or indemnity
An activity or conduct meets the requirements of this section
if --
5 (a) the activity or conduct does not involve any participant
in the operation intentionally inducing a person to
engage in misconduct that the person would not
otherwise have intended to engage in; and
(b) the activity or conduct does not involve any participant
10 in the operation engaging in any conduct that is likely to
seriously endanger the health or safety of that or any
other participant, or any other person, or to result in
serious loss or damage to property.
131. Effect of being unaware of variation or cancellation of
15 authority
(1) If an authority is varied in a way that limits its scope, this
Division continues to apply to any participant in the operation
as if the authority had not been varied in that way, for so long as
the participant --
20 (a) is unaware of the variation; and
(b) is not reckless about the existence of the variation.
(2) If an authority for a controlled operation is cancelled, this
Division continues to apply to any participant in the operation
as if the authority had not been cancelled in that way, for so
25 long as the participant --
(a) is unaware of the cancellation; and
(b) is not reckless about the existence of the cancellation.
(3) For the purposes of this section, a person is reckless about the
existence of the variation or cancellation of an authority if --
30 (a) the person is aware of a substantial risk that the variation
or cancellation has happened; and
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Controlled operations and integrity testing programmes Division 4
s. 132
(b) having regard to the circumstances known to the person,
it is unjustifiable to take the risk.
132. Protection from criminal responsibility for certain ancillary
activities
5 (1) This section applies to an activity such as aiding and abetting
the commission of an offence or of conspiring to commit an
offence (an "ancillary activity") for which a person may be
criminally responsible because it involves an activity for which
the other person would (but for section 128) be criminally
10 responsible (the "related controlled activity").
(2) Despite any other Act or law, a person who engages in an
ancillary activity that is an offence (whether or not that person is
a participant in an authorised operation) is not criminally
responsible for the offence if at the time the person engaged in
15 the ancillary activity he or she believed the related controlled
activity was being engaged in, or would be engaged in, by a
participant in an authorised operation.
133. Evidence
(1) A document purporting to be an authority granted by the
20 Commissioner is admissible in any legal proceedings.
(2) A certificate signed by the Commission stating that, on a
specified date or during a specified period, a specified person
was authorised under this Division to participate in a controlled
operation or integrity testing programme involving a specified
25 act or omission is admissible in any legal proceedings and is
conclusive evidence of the matters specified in the certificate.
134. Identity of certain participants not to be disclosed in legal
proceedings
(1) In this section --
30 "court" includes any tribunal, authority or person having power
to require the production of documents or the answering of
questions.
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Division 5 General
s. 135
(2) If, in proceedings before a court, the identity of a participant in
an authorised operation is in issue or may be disclosed, the court
must, unless it considers that the interests of justice otherwise
require --
5 (a) ensure that such parts of the proceedings as relate to the
real identity of the participant are held in private; and
(b) make such orders as to the suppression of evidence
given before it as, in its opinion, will ensure that the
identity of the participant is not disclosed.
10 (3) In particular, the court --
(a) may allow a participant in an authorised operation who
has been authorised to participate in the operation under
an assumed name to appear before it under the assumed
identity or under a code name or code number; and
15 (b) may make orders prohibiting the publication of any
information (including information derived from
evidence before it) that identifies, or might facilitate the
identification of, any person who has been or is
proposed to be called to give evidence.
20 (4) A person who discloses information in contravention of an order
in force under this section is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
Division 5 -- General
135. Evidence
25 Except as otherwise stated in this Act, the Commission is not
bound by the rules or practice of evidence and can inform itself
on any matter is such manner as it thinks fit.
136. Ancillary powers
The powers of the Commission include the power to do
30 anything that is necessary or incidental to the performance of
the Commission's functions under this Part.
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Corruption and Crime Commission Bill 2003
Examinations and deciding claims of privilege and excuse Part 7
Examinations Division 1
s. 137
Part 7 -- Examinations and deciding claims of
privilege and excuse
Division 1 -- Examinations
137. Commission may conduct examinations
5 The Commission may conduct an examination for the purposes
of an investigation under this Act or for the purposes of an
investigation in respect of which an exceptional powers finding
has been made under section 46 and an organised crime
summons has been issued.
10 138. Conduct
Except as otherwise stated in this Act, the Commission may
regulate the conduct of examinations as the Commission thinks
fit.
139. Examination to be private unless otherwise ordered
15 (1) Except as provided in section 140, an examination is not open to
the public.
(2) The Commission may make an order as to who may be present
during the whole or any part of an examination that is not open
to the public.
20 (3) Nothing in an order given under subsection (2) prevents the
presence at an examination, of --
(a) a person representing a witness;
(b) an officer of the Commission; or
(c) a person allowed to be present under section 142(5).
25 (4) A person must not be present at an examination, or part of an
examination, that is not open to the public unless the person is
entitled to be present by reason of an order under subsection (2)
or by reason of subsection (3).
Penalty: Imprisonment for 3 years and a fine of $60 000.
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Part 7 Examinations and deciding claims of privilege and excuse
Division 1 Examinations
s. 140
140. Public examination
(1) This section does not apply to an organised crime examination.
(2) The Commission may open an examination to the public if,
having weighed the benefits of public exposure and public
5 awareness against the potential for prejudice or privacy
infringements, it considers that it is in the public interest to do
so.
(3) A decision to open an examination to the public may be made at
any time before or during the examination.
10 (4) If the Commission decides to open an examination to the public,
the Commission may close the examination for a particular
purpose.
141. Power to examine on oath or affirmation
(1) The Commission may require a witness to take an oath or to
15 make an affirmation.
(2) The Commissioner may administer an oath or affirmation to a
witness.
142. Legal representation
(1) When appearing at an examination a witness may be legally
20 represented.
(2) If the Commission has notice that a witness will not have a legal
representative present at an examination, the Commission may,
if it considers that in the circumstances it would be in the public
interest to do so, arrange for the person to be legally represented
25 at the examination.
(3) A witness may decline to be legally represented as arranged
under subsection (2) by the Commission, and in that case the
Commission is not obliged to arrange any other legal
representation for the witness.
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Examinations and deciding claims of privilege and excuse Part 7
Claims of privilege and reasonable excuse Division 2
s. 143
(4) The Commission may refuse to allow a witness to be
represented before the Commission by a person who is already
involved in an examination or is involved or suspected to be
involved in a matter being investigated.
5 (5) The Commission may allow another person to be legally
represented at an examination while a witness is giving
evidence and being examined if the Commission considers there
are special circumstances.
(6) A legal practitioner, or any other person, appointed by the
10 Commission to assist the Commission may appear before the
Commission.
143. Examination
(1) When a witness is appearing at an examination a legal
practitioner, or any other person, appointed by the Commission
15 to assist the Commission may, so far as the Commission thinks
proper, examine the witness on any matter that the Commission
considers relevant.
(2) A person representing a witness before the Commission may, so
far as the Commission thinks proper, examine that witness on
20 any matter that the Commission considers relevant.
(3) This section does not prevent the Commission from allowing
any other examination that the Commission considers relevant.
Division 2 -- Claims of privilege and reasonable excuse
144. Legal professional privilege
25 (1) Subject to subsection (2), nothing in this Act prevents a person
who is required under this Act to answer questions, give
evidence, produce records, things or information or make
facilities available from claiming legal professional privilege as
a reason for not complying with that requirement.
30 (2) Subsection (1) does not apply to any privilege of a public
authority or public officer in that capacity.
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Part 7 Examinations and deciding claims of privilege and excuse
Division 3 General
s. 145
145. Use of statements obtained
(1) A statement made by a witness in answer to a question that a
Commission requires the witness to answer is not admissible in
evidence against the person making the statement in --
5 (a) any criminal proceedings; or
(b) proceedings for the imposition of a penalty other than --
(i) contempt proceedings;
(ii) proceedings for an offence against this Act;
(iii) an action or related proceedings under section 8
10 of the Police Act 1892 (including any appeal in
relation to that action or those proceedings); or
(iv) proceedings under section 23 of the Police
Act 1892.
(2) Despite subsection (1), the witness may, in any civil or criminal
15 proceedings, be asked about the statement under section 21 of
the Evidence Act 1906.
Division 3 -- General
146. Allowances for witnesses
(1) A person appearing as a witness is entitled to be paid for the
20 expenses of attendance.
(2) The amount of expenses payable is the amount certified by the
Commission in accordance with a scale which may be
prescribed or, if a scale is not prescribed, the sum the
Commission certifies as reasonable.
25 (3) The expenses are payable by the Treasurer of the State.
(4) For the purposes of this section the Consolidated Fund is, to the
extent necessary, appropriated accordingly.
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Examinations and deciding claims of privilege and excuse Part 7
General Division 3
s. 147
147. Protection of Commission, legal representatives and
witnesses
(1) The Commission has, in the performance of its functions at an
examination, the same protection and immunity as a Judge of
5 the Supreme Court.
(2) A legal practitioner, or other person, when representing a person
at an examination or assisting the Commission at an
examination has the same protection and immunity as a legal
practitioner appearing for a party in a proceeding in the
10 Supreme Court and, if the person is a legal practitioner, is
subject to the same liabilities as if appearing before that court.
(3) A person required to attend or appearing at an examination as a
witness has the same protection as a witness in a proceeding in
the Supreme Court, and is, in addition to the penalties provided
15 by this Act, subject to the same liabilities in any civil or
criminal proceeding, as a witness in any case tried in the
Supreme Court.
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Part 8 Arrest warrants
s. 148
Part 8 -- Arrest warrants
148. Arrest
(1) If a person who has been served with a summons under
section 96 fails to attend as required by the summons and
5 section 97, the Commission may, on proof by a statement
verified by statutory declaration that the summons was served,
issue a warrant for the apprehension of that person.
(2) The Commission may issue a warrant for the apprehension of a
person whose evidence is desired and is necessary and relevant
10 to the Commission's investigation if the Commission is satisfied
by evidence on oath or affirmation that it is probable that the
person --
(a) will not attend before the Commission to give evidence
without being compelled to do so; or
15 (b) is about to or is making preparation to leave the State
and the person's evidence will not be obtained by the
Commission if the person departs.
(3) The powers conferred by subsection (2) must not be exercised
unless the Commission is satisfied that the evidence of the
20 person concerned is required for the purpose of investigating
any conduct that constitutes or involves or may constitute or
involve misconduct.
(4) A warrant may be issued under subsection (2) without or before
the issue of a summons to the person whose evidence is desired.
25 (5) A warrant may be issued under subsection (2) after the issue of
a summons to the person whose evidence is desired, even
though the time specified in the summons for the person to
attend has not yet passed.
(6) A warrant issued under this section authorises any person to
30 whom it is addressed --
(a) to apprehend the person named in the warrant at any
time and bring the person before the Commission; and
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Arrest warrants Part 8
s. 149
(b) for that purpose, to detain the person named in the
warrant in custody until released by order of the
Commission or, on review, by order of the Supreme
Court.
5 (7) The person executing the warrant may --
(a) break and enter any place, building, vessel or other thing
for the purpose of executing the warrant; and
(b) use reasonable force and assistance to apprehend the
person named in the warrant.
10 (8) The apprehension of a person under this section does not
prevent the person from being dealt with under section 159 for
contempt.
149. Conditional release from custody
(1) The release of a person by order of the Commission under
15 section 148(6)(b) may be made subject to one or more of the
following conditions --
(a) a condition that the person appear and report before the
Commission in accordance with the terms of the order
unless excused from attendance or until released from
20 further attendance by the Commission;
(b) conditions for the purpose of ensuring the further
attendance of the person before the Commission (for
example, the provision of sureties by the person, the
surrender of any passport held by the person, a
25 requirement as to where the person is to live and regular
reporting by the person to the Commission);
(c) any other condition that the Commission thinks
appropriate.
(2) The Commission may by order amend, revoke or add to those
30 conditions.
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Part 8 Arrest warrants
s. 150
(3) A person who without reasonable excuse fails to comply with a
condition to which the release of the person under
section 148(6)(b) is subject is guilty of an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
5 150. Review by Supreme Court
(1) A person who has not been released by the Commission under
section 148(6)(b) or whose release under that provision is
subject to one or more conditions may apply to the Supreme
Court for a review of the decision not to release the person or of
10 the terms of one or more of those conditions.
(2) The Supreme Court may do either or both of the following --
(a) affirm or set aside a decision by the Commission not to
release the person or any condition imposed by the
Commission on the release of the person;
15 (b) make any order that the Commission may make in
relation to the detention or release of the person.
(3) The Supreme Court may also exercise its powers under
subsection (2) where the Commission has not made a decision
within a reasonable time on the release of the person.
20 (4) An order under subsection (2) is taken to be an order of the
Commission.
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Disclosure, secrecy and protection of witnesses Part 9
s. 151
Part 9 -- Disclosure, secrecy and protection
of witnesses
151. Disclosure generally
(1) In this section --
5 "restricted matter" means any of the following --
(a) any evidence given before the Commission;
(b) the contents of any statement of information or
document, or a description of any thing, produced to
the Commission;
10 (c) the contents of any document, or a description of any
thing, seized under this Act;
(d) any information that might enable a person who has
been, or is about to be, examined before the
Commission to be identified or located;
15 (e) the fact that any person has been or may be about to
be examined before the Commission.
(2) Subject to subsections (3) and (4), a restricted matter must not
be disclosed.
(3) Unless the Commission orders otherwise, a restricted matter
20 may be disclosed if that matter has already been disclosed at a
part of an examination that was open to the public.
(4) A restricted matter may be disclosed --
(a) in accordance with a direction of the Commission;
(b) to a legal practitioner for the purpose of obtaining legal
25 advice or representation relating to a notice, summons or
matter;
(c) to a person for the purpose of obtaining legal aid relating
to a notice, summons or matter;
(d) to an officer or agent of a body corporate by the body
30 corporate or another officer or agent of the body
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Part 9 Disclosure, secrecy and protection of witnesses
s. 151
corporate for the purpose of ensuring compliance with a
notice or summons;
(e) by a legal practitioner for the purpose of complying with
a legal duty of disclosure arising from his or her
5 professional relationship with a client;
(f) by a legal practitioner referred to in paragraph (b) for the
purpose of giving legal advice, making representations,
or obtaining legal aid, relating to the notice, summons or
matter;
10 (g) by a person referred to in paragraph (c) for the purpose
of obtaining legal aid relating to the notice, summons or
matter; or
(h) if that disclosure is otherwise authorised or required
under this Act.
15 (5) This section does not apply to --
(a) the Commission or a relevant person as defined in
section 152(1); or
(b) a relevant person as defined in section 208(1),
in relation to a restricted matter that is official information
20 under section 152 or 208, as the case may be.
(6) This section does not apply to --
(a) an authority or person referred to in section 153 or 209;
or
(b) any person or employee under the control of an
25 authority or person referred to in section 153 or 209,
in relation to a restricted matter that is information to which
section 153 or 209, as the case may be, applies.
(7) If a restricted matter is disclosed contrary to this section, any
person who so discloses the matter, or causes the matter to be so
30 disclosed, commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
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Disclosure, secrecy and protection of witnesses Part 9
s. 152
152. Disclosure by the Commission or officers of the Commission
(1) In this section --
"Commission lawyer" means --
(a) a legal practitioner appointed to assist the
5 Commission; and
(b) a person who assists, or performs services for or on
behalf of a legal practitioner appointed to assist the
Commission in the performance of the legal
practitioner's duties assisting the Commission;
10 "court" includes a tribunal, authority or person having power to
require the production of documents or the answering of
questions;
"official information", in relation to a relevant person, means
information acquired by the person by reason of, or in the
15 course of, the performance of the person's functions under
this Act;
"produce" includes permit access to;
"relevant person" means a person who is or was --
(a) an officer of the Commission; or
20 (b) a Commission lawyer.
(2) Subject to subsections (3), (4) and (6) a relevant person must
not, either directly or indirectly --
(a) make a record of any official information; or
(b) disclose any official information.
25 Penalty: Imprisonment for 3 years and a fine of $60 000.
(3) Despite subsection (2), a relevant person may make a record of
official information --
(a) under or for the purposes of this Act;
(b) otherwise in connection with the performance of the
30 person's functions under this Act.
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Part 9 Disclosure, secrecy and protection of witnesses
s. 152
(4) Despite subsection (2), official information may be disclosed by
a relevant person if it is disclosed --
(a) under or for the purposes of this Act;
(b) for the purposes of a prosecution or disciplinary action
5 instituted as a result of an investigation conducted by the
Commission or the Parliamentary Inspector under this
Act or any other prosecutions or disciplinary action in
relation to misconduct;
(c) when the Commission has certified that disclosure is
10 necessary in the public interest;
(d) to either House of Parliament or to a Standing
Committee;
(e) to any prescribed authority or person; or
(f) otherwise in connection with the performance of the
15 person's functions under this Act.
(5) A relevant person is not authorised to disclose operational
information under subsection (4)(d) or (e) unless the
Commission has certified under subsection (4)(c) that disclosure
is necessary in the public interest.
20 (6) Despite subsection (2), a relevant person may disclose the fact
that an allegation has been received or initiated by the
Commission or the details of an allegation.
(7) A relevant person cannot be required to produce or disclose any
official information in or to any court except for the purposes of
25 a prosecution or disciplinary action instituted as a result of an
investigation conducted by the Commission or the
Parliamentary Inspector under this Act.
(8) This section also applies to the Commission as if references to
official information were references to all information acquired
30 by the Commission by reason of, or in the course of, the
performance of the Commission's functions under this Act.
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Corruption and Crime Commission Bill 2003
Disclosure, secrecy and protection of witnesses Part 9
s. 153
153. Disclosure by other officials
(1) In this section --
"court" includes a tribunal, authority or person having power to
require the production of documents or the answering of
5 questions;
"produce" includes permit access to.
(2) This section applies to information if, in circumstances referred
to in section 152(4), it is disclosed to an authority or person for
use in connection with the performance of a function of the
10 authority or person under a written law.
(3) The authority or person, or any person or employee under the
control of the authority or person --
(a) must not, either directly or indirectly --
(i) make a record of information to which this
15 section applies; or
(ii) disclose any information to which this section
applies,
except for the purpose for which it was disclosed to the
authority or person; and
20 (b) cannot be required to produce or disclose the
information in or to any court except for the purposes of
a prosecution or disciplinary action instituted as a result
of an investigation conducted by the Commission or the
Parliamentary Inspector under this Act.
25 Penalty, for a contravention of paragraph (a): Imprisonment for
3 years and a fine of $60 000.
(4) Subsection (3) does not prevent the disclosure of the fact that an
allegation has been received or initiated by the Commission or
the details of an allegation.
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Part 9 Disclosure, secrecy and protection of witnesses
s. 154
154. Exclusion of other laws
Section 151(7), 152(2) and 153(3) apply despite any law or rule
of law, written or otherwise, under which a person may be
required to produce or disclose any matter or information.
5 155. Application of Telecommunications (Interception) Western
Australia Act 1996
Section 22 of the Telecommunications (Interception) Western
Australia Act 1996 does not apply to prevent the disclosure of
any information or record for the purposes of any proceedings
10 for an offence under this Act.
156. Witness protection arrangements
(1) If it appears to the Commission that, because a person --
(a) is helping or has helped the Commission in the
performance of its functions;
15 (b) is to attend, is attending, or has attended, before the
Commission or an officer of the Commission to give
evidence or to produce a document or thing; or
(c) proposes to produce, or has produced, a document or
thing to the Commission or an officer of the
20 Commission,
the safety of any person may be prejudiced or any person may
be subjected to intimidation or harassment, the Commission
may make arrangements to avoid prejudice to the safety of any
person, or to protect any person from intimidation or
25 harassment.
(2) The Commission may make such arrangements as it thinks fit
under subsection (1), including arrangements with --
(a) the Minister;
(b) the Commissioner of Police;
30 (c) the Commissioner (however designated) of the police
force of another State or Territory;
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Disclosure, secrecy and protection of witnesses Part 9
s. 156
(d) the Commissioner of the Australian Federal Police; and
(e) any other person, body or authority the Commission
thinks fit.
(3) Nothing in this section affects the Witness Protection (Western
5 Australia) Act 1996.
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Corruption and Crime Commission Bill 2003
Part 10 Contempt
s. 157
Part 10 -- Contempt
157. Meaning of "reasonable excuse"
In this Part --
"reasonable excuse", in relation to a failure to produce any
5 document or other thing, means an excuse that would
excuse a similar failure by a witness, or a person
summoned as a witness, before the Supreme Court except
that it does not include as an excuse for failing to produce
any document or other thing, that --
10 (a) the production of the document or other thing might
incriminate or tend to incriminate the person or
render the person liable to a penalty; or
(b) the production of the document or other thing would
be in breach of an obligation of the person not to
15 disclose information, or not to disclose the existence
or contents of a document, whether the obligation
arose under an enactment or otherwise.
158. Penalty for failing to comply with notice
A person who --
20 (a) fails, without reasonable excuse, to comply with a notice
served on the person under section 94 or 95; or
(b) in purported compliance with a notice served on the
person or some other person under this section,
furnishes information knowing it to be false or
25 misleading in a material particular,
is in contempt of the Commission.
159. Penalty for failing to attend or produce anything
A person who has been served with a summons under section 96
and fails, without reasonable excuse, to --
30 (a) attend as required by the summons and section 97; or
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Contempt Part 10
s. 160
(b) produce any document or other thing as required by the
summons,
is in contempt of the Commission.
160. Penalty for failing to be sworn or to give evidence
5 (1) A person served with a summons under section 96 requiring the
person to attend and give evidence who --
(a) refuses or fails to be sworn or make an affirmation; or
(b) fails to answer any question relevant to the investigation
that the Commission requires the person to answer,
10 is in contempt of the Commission.
(2) Despite sections 147(3) and 163(6), a person required by the
Commission to answer a question relevant to the investigation is
not excused from the requirement to answer the question on the
ground that the answer might incriminate or tend to incriminate
15 the person or render the person liable to a penalty.
161. Penalties in relation to search warrants
(1) In this section --
"authorised person" has the meaning given by section 101(1).
(2) A person who, without reasonable excuse --
20 (a) prevents or attempts to prevent an authorised person
from exercising a power conferred by or under
section 101;
(b) hinders or obstructs an authorised person in the exercise
of a power conferred by or under section 101;
25 (c) fails to comply with a direction or request of an
authorised person under section 101(2)(b) or (4)(d); or
(d) fails to comply with a condition imposed on the person
under section 101(6)(b),
is in contempt of the Commission.
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Part 10 Contempt
s. 162
(3) A person who furnishes to an authorised person acting under a
warrant issued under section 101 information that is false in a
material particular is in contempt of the Commission.
162. Other contempt of Commission
5 (1) A person who --
(a) insults the Commission while the Commission is
conducting an examination;
(b) deliberately interrupts an examination conducted by the
Commission;
10 (c) at an examination conducted by the Commission,
contravenes a provision of this Act relating to the
examination;
(d) creates or continues or joins in creating or continuing, a
disturbance in or near a place where the Commission is
15 conducting an examination; or
(e) does anything else at an examination conducted by the
Commission or otherwise that would be contempt of
court if the Commission were a judge acting judicially,
is in contempt of the Commission.
20 (2) The Commission may order that a person who under
subsection (1) is in contempt of the Commission at an
examination be excluded from the place where the examination
is being conducted.
(3) An officer of the Commission, acting under the Commission's
25 order, may, using necessary and reasonable help and force,
exclude the person from the place.
163. Punishment of contempt
(1) Where a contempt of the Commission is alleged to have taken
place, the Commission may present to the Supreme Court a
30 certificate setting out the details of the act or omission that the
Commission considers constitutes the alleged contempt.
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Contempt Part 10
s. 164
(2) A certificate presented under subsection (1) is prima facie
evidence of the matters certified in it.
(3) Where a certificate is presented under subsection (1), the
Supreme Court has jurisdiction as if the contempt were a
5 contempt of that Court.
(4) A person is not liable to be punished for contempt under this
section in respect of failure to comply with a notice served
under section 95 or a summons served under section 96 if, in the
case of a failure without reasonable excuse to produce any
10 document or other thing, the person proves that the document or
other thing was not relevant to the investigation.
(5) Subsection (4) does not apply in respect of failure to comply
with an examination summons.
(6) Except as otherwise provided in this Act, a person required to
15 comply with a notice served under section 94 or 95 or a
summons served under section 96 has the same protection, and
is subject to the same liabilities in any civil or criminal
proceedings, as a witness in any case tried in the Supreme
Court.
20 164. Conduct that is contempt and offence
(1) An act may be punished as a contempt of the Commission even
though it could be punished as an offence.
(2) An act may be punished as an offence even though it could be
punished as a contempt of the Commission.
25 (3) If an act constitutes both an offence and a contempt of the
Commission the offender is not liable to be punished twice.
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Corruption and Crime Commission Bill 2003
Part 11 Offences
s. 165
Part 11 -- Offences
165. Obstructing or hindering the Commission, the
Parliamentary Inspector or an officer
A person who wilfully delays, obstructs or otherwise hinders the
5 performance of a function by --
(a) the Commission;
(b) an officer of the Commission;
(c) the Parliamentary Inspector; or
(d) an officer of the Parliamentary Inspector,
10 commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
166. Malicious disclosure of false allegation
A person who maliciously discloses that an allegation of
misconduct has been or is or may be about to be made to the
15 Commission, knowing the allegation to be false in a material
particular, commits an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
167. Disclosure contrary to notation on summons
(1) In this section --
20 "notation" means a notation made under section 99 on a notice
or summons;
"notice or summons" means a notice or summons containing a
notation;
"official matter" has the meaning given to that term in
25 section 99;
"restricted matter" means any of the following --
(a) the existence of a notice or summons or any
information about it;
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Offences Part 11
s. 167
(b) the existence of any official matter connected with a
notice or summons or any information about that
official matter.
(2) This section applies to --
5 (a) a person who is served with a notice or summons; or
(b) a person to whom restricted matter is disclosed in
circumstances referred to in subsection (4).
(3) Subject to subsection (4), a restricted matter must not be
disclosed by a person to whom this section applies.
10 Penalty: Imprisonment for 3 years and a fine of $60 000.
(4) A restricted matter may be disclosed --
(a) in accordance with the circumstances, if any, specified
in the notation;
(b) to a legal practitioner for the purpose of obtaining legal
15 advice or representation relating to the notice or
summons;
(c) to a person for the purpose of obtaining legal aid relating
to the notice or summons;
(d) to an officer or agent of a body corporate by the body
20 corporate or another officer or agent of the body
corporate for the purpose of ensuring compliance with
the notice or summons;
(e) by a legal practitioner for the purpose of complying with
a legal duty of disclosure arising from his or her
25 professional relationship with a client;
(f) by a legal practitioner referred to in paragraph (b) for the
purpose of giving legal advice, making representations,
or obtaining legal aid, relating to the notice, summons or
matter; or
30 (g) by a person referred to in paragraph (c) for the purpose
of obtaining legal aid relating to the notice, summons or
matter.
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Part 11 Offences
s. 168
(5) This section ceases to apply if --
(a) under section 99(7) the notation ceases to have effect; or
(b) a period of 5 years elapses after the issue of the notice or
summons.
5 (6) Subsection (5) does not affect the operation of section 151 in
relation to a restricted matter.
(7) A reference in this section to disclosing the existence of
something includes disclosing information from which a person
could reasonably be expected to infer its existence.
10 168. Giving false testimony
A person who, at an examination before the Commission or an
inquiry before the Parliamentary Inspector, gives evidence that
the person knows is false or misleading in a material particular
is guilty of a crime.
15 Penalty: Imprisonment for 5 years and a fine of $100 000.
169. Bribery of witness
A person who --
(a) gives, confers, or procures, or promises or offers to give
or confer, or to procure or attempt to procure, any
20 property or benefit of any kind to, upon, or for, any
person, upon any agreement or understanding that any
person called or to be called as a witness before the
Commission or the Parliamentary Inspector will give
false testimony or withhold true testimony;
25 (b) attempts by any means to induce a person called or to be
called as a witness before the Commission or
Parliamentary Inspector to give false testimony, or to
withhold true testimony; or
(c) asks, receives or obtains, or agrees or attempts to receive
30 or obtain, any property or benefit of any kind for that or
any other person, upon any agreement or understanding
that a witness before the Commission or Parliamentary
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Offences Part 11
s. 170
Inspector will give false testimony or withhold true
testimony,
is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
5 170. Fraud on witness
A person who practises any fraud or deceit on, or knowingly
makes or exhibits any false statement, representation, token, or
writing to, a person called or to be called as a witness before the
Commission or the Parliamentary Inspector with intent to affect
10 the testimony of that person as a witness, is guilty of an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
171. Destroying evidence
A person who, knowing that a document or other thing is or
may be required by the Commission or Parliamentary Inspector,
15 wilfully destroys it or renders it illegible or undecipherable or
incapable of identification, with the intention of preventing it
from being effectively used in evidence, is guilty of an offence.
Penalty: Imprisonment for 3 years and a fine of $60 000.
172. Preventing witness from attending
20 A person who wilfully prevents, or wilfully endeavours to
prevent, a person who has been summoned to attend as a
witness before the Commission or Parliamentary Inspector from
attending as a witness, or from producing anything in evidence,
as required by the summons is guilty of a crime.
25 Penalty: Imprisonment for 5 years and a fine of $100 000.
173. Injury or detriment to witness
A person who uses, causes, inflicts, or procures, any violence,
punishment, damage, loss, or disadvantage to any other person
for or on account of the other person having appeared as a
30 witness before the Commission or Parliamentary Inspector, or
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Corruption and Crime Commission Bill 2003
Part 11 Offences
s. 174
for or on account of any evidence given by the other person
before the Commission or Parliamentary Inspector, is guilty of a
crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
5 174. Dismissal by employer of witness
(1) An employer who dismisses an employee from employment, or
prejudices an employee in employment, for or on account of the
employee having appeared as a witness before the Commission or
Parliamentary Inspector, or for or on account of the employee
10 having given evidence before the Commission or Parliamentary
Inspector, is guilty of a crime.
Penalty: Imprisonment for 5 years and a fine of $100 000.
(2) In a proceeding for an offence against subsection (1) it lies upon
the employer to prove that the employee shown to have been
15 dismissed or prejudiced was dismissed or prejudiced for a
reason other than a reason mentioned in that subsection.
175. Victimisation
A person must not --
(a) threaten to prejudice the safety or career of any person;
20 (b) intimidate or harass, or threaten to intimidate or harass,
any person; or
(c) do an act that is, or is likely to be, to the detriment of
any person,
because the person mentioned in paragraph (a), (b) or (c), or
25 someone else, gave evidence to, or helped, the Commission or
Parliamentary Inspector in the performance of its, his or her
functions.
Penalty: Imprisonment for 3 years and a fine of $60 000.
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Offences Part 11
s. 176
176. Pretending to be officer
A person must not pretend to be an officer of the Commission
or an officer of the Parliamentary Inspector.
Penalty: Imprisonment for 3 years and a fine of $60 000.
5 177. Summary conviction of crimes
(1) Despite an offence against this Act being a crime, a court of
summary jurisdiction may hear and determine proceedings in
respect of the offence if the court is satisfied that it is proper to
do so and the defendant and the prosecutor consent.
10 (2) Where, in accordance with subsection (1), a court of summary
jurisdiction convicts a person of an offence, the penalty that the
court may impose is imprisonment for a period not exceeding
3 years and a fine not exceeding $60 000.
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Corruption and Crime Commission Bill 2003
Part 12 Administration
Division 1 Staff
s. 178
Part 12 -- Administration
Division 1 -- Staff
178. Commission is not an SES organisation
The Commission is not, and is not to become, an SES
5 organisation under the Public Sector Management Act 1994.
179. Staff of the Commission
(1) The Commission may appoint members of staff.
(2) A member of staff is not to be appointed for a term exceeding
5 years and is eligible for reappointment.
10 (3) The staff are not to be employed under Part 3 of the Public
Sector Management Act 1994.
(4) The power conferred by subsection (1) --
(a) includes powers to determine remuneration and other
terms and conditions of service of staff, to remove,
15 suspend and discipline staff and to terminate the
employment of staff; and
(b) does not preclude the delegation of any matter under
section 185.
(5) The remuneration of and other terms and conditions of
20 employment of staff are not to be less favourable than is
provided for in --
(a) an applicable award, order or agreement under the
Industrial Relations Act 1979; or
(b) the Minimum Conditions of Employment Act 1993.
25 180. Service as public service officer
(1) If a public service officer is appointed to the staff of the
Commission under section 179, that person is entitled to retain
all his or her accruing and existing rights, including any rights
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Administration Part 12
Staff Division 1
s. 181
under the Superannuation and Family Benefits Act 1938, as if
service as an officer of the Commission were a continuation of
service as a public service officer.
(2) If a person ceases to be an officer of the Commission and
5 becomes a public service officer the service as an officer of the
Commission is to be regarded as service in the Public Service
for the purpose of determining that person's rights as a public
service officer and, if applicable, for the purposes of the
Superannuation and Family Benefits Act 1938.
10 (3) If --
(a) an officer of the Commission was immediately before
his or her appointment under section 179 a permanent
officer under Part 3 of the Public Sector Management
Act 1994; and
15 (b) that person ceases to be an officer of the Commission
for a reason other than dismissal for substandard
performance, breach of discipline or misconduct,
that person is entitled to be appointed to an office under Part 3
of the Public Sector Management Act 1994 of at least the
20 equivalent level of classification as the office that person
occupied immediately prior to appointment under section 179.
181. Secondment of staff and use of facilities
(1) The Commission may arrange for any officer or employee --
(a) in the Public Service;
25 (b) in a State agency; or
(c) otherwise in the service of the State,
to be seconded or otherwise engaged to assist the Commission.
(2) The Commission may arrange for --
(a) an officer or employee of a body or authority of another
30 State, a Territory or the Commonwealth or otherwise in
the service of another State, a Territory or the
Commonwealth;
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Division 1 Staff
s. 182
(b) a member of the Australian Federal Police Force;
(c) a member of the Police Force of another State or
Territory; or
(d) a member of the Police Force of another country,
5 to be seconded or otherwise engaged to assist the Commission.
(3) A person seconded or engaged under subsection (1) or (2) is
subject to the control and direction of the Commission and is
not subject to the control and direction of any other employing
authority.
10 (4) The Commission may by arrangement make use of the facilities
of a department of the Public Service or a State agency.
(5) The Commission may by arrangement make use of the facilities
of a body or authority of another State, a Territory or the
Commonwealth.
15 (6) An arrangement under subsection (1) or (4) (other than an
arrangement in relation to staff or facilities of the Police Force)
is to be made with the relevant employing authority on terms
agreed by the parties.
(7) An arrangement under subsection (1) or (4) in relation to staff or
20 facilities of the Police Force is to be made with the
Commissioner of Police on terms agreed by the parties.
(8) An arrangement under subsection (2) or (5) is to be made with
the relevant body or authority on terms agreed by the parties.
182. Engagement of service providers
25 (1) The Commission may engage suitably qualified persons to
provide the Commission with services, information or advice.
(2) A person engaged under subsection (1) is engaged on the terms
and conditions decided by the Commission.
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s. 183
183. Oath or affirmation
(1) Before commencing duties as an officer of the Commission, the
officer must take an oath or affirmation that, except in
accordance with this Act, the officer will not disclose any
5 information received by the officer under this Act.
(2) The oath or affirmation is to be administered by the
Commissioner.
184. Authorised officers
(1) In this section --
10 "authorised officer" means --
(a) the Commissioner; and
(b) an officer of the Commission appointed under
subsection (2).
(2) The Commission may appoint an officer of the Commission as
15 an authorised officer.
(3) An authorised officer has and may perform all of the functions
that a special constable appointed under section 35A of the
Police Act 1892 has and may perform under any law of the
State.
20 (4) An authorised officer has and may perform the functions
referred to in subsection (3) only when acting in his or her
capacity as an officer of the Commission.
(5) Section 8(1)(d)(i) of the Firearms Act 1973 applies to an
authorised officer when acting in his or her capacity as an
25 officer of the Commission as if the authorised officer were a
member of the Police Force.
(6) This section does not operate to subject an authorised officer to
the control and direction of the Commissioner of Police or any
other police officer when the authorised officer is acting in his
30 or her capacity as an officer of the Commission.
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Part 12 Administration
Division 1 Staff
s. 185
185. Delegation
(1) Subject to subsection (2), the Commission may delegate to an
officer of the Commission any power or duty of the
Commission under another provision of this Act.
5 (2) The Commission cannot delegate the following powers and
duties --
(a) the power to initiate a proposition under section 26;
(b) the power to conduct examinations on oath;
(c) the power to summons a person to attend and produce
10 things;
(d) the power to issue a warrant for the apprehension of a
person under section 148;
(e) the power to make a direction as to publication under
section 151;
15 (f) the power to require production of a statement of
information under section 94;
(g) the power to make an exceptional powers finding under
section 46;
(h) the power to approve an assumed identity under
20 section 103;
(i) the duty to review assumed identity approvals under
section 118;
(j) the power to authorise the conduct of a controlled
operation under section 121;
25 (k) the power to authorise an integrity testing programme
under section 123;
(l) the power to issue a fortification warning notice under
section 68;
(m) the power to certify an alleged contempt;
30 (n) the power to make recommendations;
(o) the duty of making a report under this Act;
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Financial provisions Division 2
s. 186
(p) the powers of the Commission under the Surveillance
Devices Act 1998.
(3) The delegation must be in writing executed by the Commission.
(4) A person to whom a power or duty is delegated under this
5 section cannot delegate that power or duty.
(5) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
10 (6) Nothing in this section limits the ability of the Commission to
perform a function through an officer or agent.
Division 2 -- Financial provisions
186. Funds of Commission
(1) The funds available for the purpose of enabling the Commission
15 to perform its functions consist of --
(a) moneys from time to time appropriated by Parliament
and paid to the Commission; and
(b) any moneys, other than moneys referred to in
paragraph (a), lawfully received by, made available to or
20 payable to the Commission.
(2) The funds referred to in subsection (1) are to be credited to an
account called the "Corruption and Crime Commission Fund"
held as part of the Trust Fund constituted under section 9 of the
Financial Administration and Audit Act 1985.
25 (3) The funds recorded as standing to the credit of the Fund are to
be applied to --
(a) the remuneration and allowances payable to officers of
the Commission;
(b) moneys payable under an arrangement referred to in
30 section 181;
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Division 2 Financial provisions
s. 187
(c) expenditure incurred by the Commission in the
performance of its functions; and
(d) all expenditure, other than expenditure referred to in
paragraphs (a), (b) and (c), lawfully incurred by the
5 Commission for the purposes of, or in meeting the costs
and expenses of the administration of, this Act.
187. Application of Financial Administration and Audit Act 1985
Subject to section 186, the provisions of the Financial
Administration and Audit Act 1985 regulating the financial
10 administration, audit and reporting of statutory authorities apply
to and in respect of the Commission and its operations.
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Office of Parliamentary Inspector of the Corruption and Crime Division 1
Commission
s. 188
Part 13 -- Parliamentary Inspector of the Corruption
and Crime Commission
Division 1 -- Office of Parliamentary Inspector of the
Corruption and Crime Commission
5 188. Parliamentary Inspector of the Corruption and Crime
Commission
(1) An office called the Parliamentary Inspector of the Corruption
and Crime Commission is established.
(2) The office is not an office in the Public Service.
10 (3) The office is not, and is not to become, an SES organisation
under the Public Sector Management Act 1994.
189. Appointment of Parliamentary Inspector
(1) The Parliamentary Inspector is to be appointed by the Governor,
by commission under the Public Seal of the State.
15 (2) Before an appointment is made under subsection (1) the Premier
is to consult with the Parliamentary leader of each party in the
Parliament.
(3) The Parliamentary Inspector is to hold office in accordance with
this Act.
20 190. Qualifications for appointment
(1) In subsection (2) --
"legal experience" means --
(a) standing and practice in the State as a legal practitioner;
(b) standing and practice in another State or a Territory as a
25 barrister or solictor of the Supreme Court of that State or
Territory;
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Division 1 Office of Parliamentary Inspector of the Corruption and Crime
Commission
s. 191
(c) judicial service (including service as a judge of a court,
a magistrate or other judicial officer) in the State or
elsewhere in a common law jurisdiction; or
(d) a combination of 2 or more kinds of legal experience
5 defined in this section.
(2) A person is eligible for appointment as Parliamentary Inspector
if that person --
(a) is or has been a legal practitioner and has had not less
than 8 years legal experience; or
10 (b) is a practising barrister of the High Court of Australia
and has had not less than 8 years legal experience.
191. Terms and conditions of service
Schedule 3 has effect with respect to the tenure, remuneration
and conditions of service of the Parliamentary Inspector and the
15 other matters provided for in that Schedule.
192. Removal or suspension of Parliamentary Inspector
(1) The Parliamentary Inspector may, at any time, be suspended or
removed from office by the Governor on addresses from both
Houses of Parliament.
20 (2) If the Governor is satisfied that the Parliamentary Inspector --
(a) is incapable of properly performing the duties of office;
(b) has shown himself or herself incompetent properly to
perform, or has neglected, those duties; or
(c) has been guilty of misconduct,
25 the Governor may suspend the Parliamentary Inspector from
office.
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Office of Parliamentary Inspector of the Corruption and Crime Division 1
Commission
s. 193
(3) If the Parliamentary Inspector has been suspended from office
under subsection (2) the Parliamentary Inspector is to be
restored to office unless --
(a) a statement of the grounds of the suspension is laid
5 before each House of Parliament during the first
7 sitting days of that House following the suspension;
and
(b) each House of Parliament, during the session in which
the statement is so laid, and within 30 sitting days of that
10 statement being so laid, passes an address praying for
the removal of the Parliamentary Inspector from office.
193. Acting appointment
(1) The Governor may appoint a person who is eligible for
appointment as Parliamentary Inspector to act in the office of
15 Parliamentary Inspector --
(a) during a vacancy in that office;
(b) during any period or during all periods when the person
holding the office of Parliamentary Inspector, or a
person appointed under this subsection, is unable to
20 perform the functions of that office or is absent from the
State; or
(c) in relation to any matter in respect of which the person
holding the office of Parliamentary Inspector, or a
person appointed under this subsection, has under
25 section 195(3) declared himself or herself unable to act.
(2) An appointment under this section --
(a) may be made at any time and may be terminated at any
time by the Governor; and
(b) may be expressed to have effect only in the
30 circumstances specified in the instrument of
appointment.
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Division 1 Office of Parliamentary Inspector of the Corruption and Crime
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s. 194
(3) Subject to this Act, the terms and conditions of appointment,
including remuneration and other entitlements, of a person
acting under this section are to be as determined from time to
time by the Governor.
5 (4) A person acting under this section for the reason mentioned in
subsection (1)(c) may perform functions of the Parliamentary
Inspector in relation to the matter for which he or she is
appointed even though the Parliamentary Inspector is at the
same time performing other functions of the office.
10 (5) If a person is acting under this section for the reason mentioned
in subsection (1)(c), a reference to the Parliamentary Inspector
in a provision of this Act that is relevant to the performance by
that person of a function of the Parliamentary Inspector in
relation to the matter for which that person is appointed includes
15 a reference to that person.
(6) The validity of anything done by or in relation to a person
purporting to act under this section is not to be called into
question on the ground that --
(a) the occasion for an appointment under this section had
20 not arisen;
(b) there is a defect or irregularity in the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had
ceased.
25 194. Oath or affirmation of office
(1) Before beginning to perform the functions of the office of
Parliamentary Inspector a person is to take an oath or make an
affirmation that he or she --
(a) will faithfully and impartially perform the functions of
30 the office; and
(b) will not, except in accordance with this Act, disclose
any information received under this Act.
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Parliamentary Inspector of the Corruption and Crime Part 13
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Functions of the Parliamentary Inspector Division 2
s. 195
(2) The oath or affirmation is to be administered by a Judge.
Division 2 -- Functions of the Parliamentary Inspector
195. Functions
(1) The Parliamentary Inspector has the following functions --
5 (a) to audit the operations of the Commission for the
purpose of monitoring compliance with the laws of the
State;
(b) to deal with matters of misconduct on the part of the
Commission, officers of the Commission and officers of
10 the Parliamentary Inspector;
(c) to assess the effectiveness and appropriateness of the
Commission's procedures;
(d) to make recommendations to the Commission,
independent agencies and appropriate authorities;
15 (e) to report and make recommendations to Parliament and
Standing Committees;
(f) to perform any other function given to the Parliamentary
Inspector under this or another Act.
(2) The functions of the Parliamentary Inspector may be
20 performed --
(a) on the Parliamentary Inspector's own initiative;
(b) at the request of the Minister;
(c) in response to a matter reported to the Parliamentary
Inspector; or
25 (d) in response to a reference by Parliament, a Standing
Committee or the Commission.
(3) The Parliamentary Inspector may declare himself or herself
unable to act in respect of a particular matter by reason of an
actual or potential conflict of interest.
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Division 2 Functions of the Parliamentary Inspector
s. 196
(4) The Commission is not to exercise any of its powers in relation
to the Parliamentary Inspector.
196. Powers
(1) In this section --
5 "officers" means --
(a) officers of the Commission; or
(b) officers of the Parliamentary Inspector.
(2) The Parliamentary Inspector has power to do all things
necessary or convenient for the performance of the
10 Parliamentary Inspector's functions.
(3) Without limiting subsection (2), the Parliamentary Inspector --
(a) may investigate any aspect of the Commission's
operations or any conduct of officers;
(b) is entitled to full access to the records of the
15 Commission and to take or have copies made of any of
them;
(c) may require officers to supply information or produce
documents or other things about any matter, or any class
or kind of matters, relating to the Commission's
20 operations or the conduct of officers;
(d) may require officers to attend before the Parliamentary
Inspector to answer questions or produce documents or
other things relating to the Commission's operations or
the conduct of officers;
25 (e) may consult, cooperate and exchange information with
independent agencies, appropriate authorities and --
(i) the Commissioner of the Australian Federal
Police;
(ii) the Commissioner of a Police Force of another
30 State or Territory;
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Functions of the Parliamentary Inspector Division 2
s. 197
(iii) the CEO of the Australian Crime Commission
established by the Australian Crime Commission
Act 2002 of the Commonwealth;
(iv) the Commissioner of Taxation holding office
5 under the Taxation Administration Act 1953 of
the Commonwealth;
(v) the Director-General of Security holding office
under the Australian Security Intelligence
Organisation Act 1979 of the Commonwealth;
10 (vi) the Director of the Australian Transaction
Reports and Analysis Centre under the Financial
Transaction Reports Act 1988 of the
Commonwealth;
(vii) any person, or authority or body of this State, the
15 Commonwealth, another State or a Territory that
is declared by the Minister to be a person,
authority or body to which this paragraph
applies;
(f) may refer matters relating to the Commission or officers
20 to other agencies for consideration or action; and
(g) may recommend that consideration be given to
disciplinary action against, or criminal prosecution of,
officers.
197. Inquiries
25 (1) For the purpose of the Parliamentary Inspector's functions, the
Parliamentary Inspector may make or hold an inquiry.
(2) For the purposes of an inquiry under this section --
(a) the Parliamentary Inspector has the powers, protections
and immunities of a Royal Commission and the
30 Chairman of a Royal Commission under the Royal
Commissions Act 1968; and
(b) the Royal Commissions Act 1968 applies to any person
summoned by or appearing before the Parliamentary
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Part 13 Parliamentary Inspector of the Corruption and Crime
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Division 3 Reporting
s. 198
Inspector in the same way as it applies to a person
summoned by or appearing before a Commissioner
under that Act.
(3) Sections 7, 9 to 17, 18(2) to (11), 19(1), 19A to 22, 31(3), 32
5 and 33 of the Royal Commissions Act 1968 have effect as if they
were enacted in this Act with such modifications as are required
and in terms made applicable to an inquiry under this section.
(4) An inquiry held by the Parliamentary Inspector must not be
open to the public.
10 (5) Despite subsections (2) and (3), a public authority or public
officer who is required under this section to answer questions,
give evidence, produce records, things or information or make
facilities available is not entitled to claim legal professional
privilege as a reason for not complying with that requirement.
15 198. Parliamentary Inspector not to interfere with Commission's
operations
The Parliamentary Inspector is not to interfere with, obstruct,
hinder or delay any lawful operation of the Commission.
Division 3 -- Reporting
20 199. Report to Parliament
(1) The Parliamentary Inspector may at any time prepare a report as
to any of the following matters --
(a) any matters affecting the Commission, including the
operational effectiveness and requirements of the
25 Commission;
(b) any administrative or general policy matter relating to
the functions of the Parliamentary Inspector.
(2) The Parliamentary Inspector may cause a report prepared under
this section to be laid before each House of Parliament or dealt
30 with under section 206.
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Reporting Division 3
s. 200
200. Contents of report
Before reporting any matters adverse to a person or body in a
report under section 199, the Parliamentary Inspector must give
the person or body a reasonable opportunity to make
5 representations to the Parliamentary Inspector concerning those
matters.
201. Report to a Standing Committee
A report of the kind mentioned in section 199 may be made by
the Parliamentary Inspector to a Standing Committee instead of
10 being laid before each House of Parliament or dealt with under
section 206 if, for any reason, the Parliamentary Inspector
considers it appropriate to do so.
202. Disclosure of matters in report
(1) If a report under section 199 is laid before either House of
15 Parliament, a matter included in that report may be disclosed
despite sections 151 and 207.
(2) Subsection (1) does not apply if a presiding officer of a House
of Parliament withholds the report, or that matter, from the
public.
20 (3) If, following the making by the Parliamentary Inspector of a
report under section 199 to a Standing Committee, the Standing
Committee approves the disclosure of a matter included in the
report, that matter may be disclosed despite sections 151 and
207.
25 203. Annual report to Parliament
(1) The Parliamentary Inspector is to prepare, within 3 months after
30 June of each year, a report as to his or her general activities
during that year.
(2) The Parliamentary Inspector is to cause a copy of a report
30 prepared under this section to be laid before each House of
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Part 13 Parliamentary Inspector of the Corruption and Crime
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Division 3 Reporting
s. 204
Parliament, or dealt with under section 206, within 21 days of
the preparation of the report.
(3) This section does not limit Part II Division 14 of the Financial
Administration and Audit Act 1985 and the report required
5 under this section may be prepared and dealt with in
conjunction with the report required under that Division.
204. Periodical report to Parliament
(1) Rules of Parliament may require the Parliamentary Inspector to
report to each House of Parliament or a Standing Committee, as
10 and when prescribed in the Rules, as to the general activities of
the Parliamentary Inspector.
(2) The Rules of Parliament referred to in this section are rules that
have been agreed upon by each House of Parliament in
accordance with the Rules and Orders of those Houses.
15 (3) Rules of Parliament made under this section must be published
in the Gazette.
(4) Section 42 of the Interpretation Act 1984 does not apply to
Rules of Parliament made under this section.
205. Reports not to include certain information
20 Without limiting section 208, a report by the Parliamentary
Inspector under this Division must not include --
(a) information that may reveal the identity of a person who
has been, is, or is reasonably likely to be investigated by
the Commission or has been, is, or is likely to be a
25 witness at an examination or a person who makes an
allegation to or provides information to, the
Commission;
(b) information that may indicate that a particular
investigation has been, is, or is reasonably likely to be,
30 undertaken by the Commission;
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Reporting Division 3
s. 206
(c) information that may reveal the identity of a person who
has been, is, or is reasonably likely to be investigated by
the Police Force or has been, is, or is reasonably likely
to be a person who makes an allegation to, or an
5 informant of, the Police Force; or
(d) information that may indicate that a particular
investigation has been, is, or is reasonably likely to be,
undertaken by the Police Force.
206. Laying documents before House of Parliament that is not
10 sitting
(1) If a copy of a report of the kind mentioned in section 199 may
be laid before each House of Parliament and a House of
Parliament is not sitting, the Parliamentary Inspector may
transmit a copy of the report to the Clerk of that House.
15 (2) If section 203 requires the Parliamentary Inspector to cause a
copy of a report to be laid before each House of Parliament, or
dealt with under this section, within a period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
20 (b) the Parliamentary Inspector is of the opinion that the
House will not sit during that period,
the Parliamentary Inspector is to transmit a copy of the report to
the Clerk of that House.
(3) A copy of a report transmitted to the Clerk of a House is to be
25 regarded as having been laid before that House.
(4) The laying of a copy of the text of a document that is regarded
as having occurred under subsection (3) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
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Division 4 Disclosure
s. 207
Division 4 -- Disclosure
207. Restriction on disclosure generally
Section 151 applies to any matters relating to the Parliamentary
Inspector as if a reference in that section to the Commission
5 were a reference to the Parliamentary Inspector.
208. Disclosure by Parliamentary Inspector or officer
(1) In this section --
"court" includes a tribunal, authority or person having power to
require the production of documents or the answering of
10 questions;
"official information", in relation to a relevant person, means
information acquired by the person by reason of, or in the
course of, the performance of the person's functions under
this Act;
15 "produce" includes permit access to;
"relevant person" means a person who is or was --
(a) the Parliamentary Inspector; or
(b) an officer of the Parliamentary Inspector.
(2) Subject to subsections (3), (4) and (6) a relevant person must
20 not, either directly or indirectly --
(a) make a record of official information; or
(b) disclose any official information.
Penalty: Imprisonment for 3 years and a fine of $60 000.
(3) Despite subsection (2), a relevant person may make a record of
25 official information --
(a) under or for the purposes of this Act;
(b) otherwise in connection with the performance of the
person's functions under this Act.
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Disclosure Division 4
s. 208
(4) Despite subsection (2), official information may be disclosed by
a relevant person if it is disclosed --
(a) under or for the purposes of this Act;
(b) for the purposes of a prosecution or disciplinary action
5 instituted as a result of an investigation conducted by the
Commission or the Parliamentary Inspector under this
Act or any other prosecution or disciplinary action in
relation to misconduct;
(c) to either House of Parliament or to a Standing
10 Committee;
(d) to any prescribed authority or person; or
(e) otherwise in connection with the performance of the
person's functions under this Act.
(5) A relevant person is not authorised to disclose operational
15 information under subsection (4)(c) or (d) unless --
(a) that operational information arises from a matter relating
to misconduct reported, notified or referred to the
Parliamentary Inspector; and
(b) the Parliamentary Inspector has certified that disclosure
20 is necessary in the public interest.
(6) Despite subsection (2), a relevant person may disclose --
(a) the fact that an allegation has been received or initiated
by the Commission or the details of an allegation; or
(b) the fact that a matter relating to misconduct has been
25 reported, notified or referred to the Parliamentary
Inspector or the details of the matter.
(7) A relevant person cannot be required to produce or disclose any
official information in or to any court except for the purposes of
a prosecution or disciplinary action instituted as a result of an
30 investigation conducted by the Commission or the
Parliamentary Inspector under this Act.
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Division 4 Disclosure
s. 209
209. Disclosure by other officials
(1) In this section --
"court" includes a tribunal, authority or person having power to
require the production of documents or the answering of
5 questions;
"produce" includes permit access to.
(2) This section applies to information if, in circumstances referred
to in section 208(4), it is disclosed to an authority or person for
use in connection with the performance of a function of the
10 authority or person under a written law.
(3) The authority or person, or any person or employee under the
control of the authority or person --
(a) must not, either directly or indirectly --
(i) make a record of information to which this
15 section applies; or
(ii) disclose any information to which this section
applies,
except for the purpose for which it was disclosed to the
authority or person; and
20 (b) cannot be required to produce or disclose the
information in or to any court except for the purposes of
a prosecution or disciplinary action instituted as a result
of an investigation conducted by the Commission or the
Parliamentary Inspector under this Act.
25 Penalty, for a contravention of paragraph (a): Imprisonment for
3 years and a fine of $60 000.
(4) Subsection (2) does not prevent the disclosure of --
(a) the fact that an allegation has been received or initiated
by the Commission or the details of an allegation; or
30 (b) the fact that a matter relating to misconduct has been
reported, notified or referred to the Parliamentary
Inspector or the details of the matter.
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Staff Division 5
s. 210
Division 5 -- Staff
210. Staff of the Parliamentary Inspector
(1) The Parliamentary Inspector may appoint members of staff.
(2) A member of staff is not to be appointed for a term exceeding
5 5 years and is eligible for reappointment.
(3) The staff are not to be employed under Part 3 of the Public
Sector Management Act 1994.
(4) The power conferred by subsection (1) includes powers to
determine remuneration and other terms and conditions of
10 service of staff, to remove, suspend and discipline staff and to
terminate the employment of staff.
(5) The remuneration of and other terms and conditions of
employment of staff are not to be less favourable than is
provided for in --
15 (a) an applicable award, order or agreement under the
Industrial Relations Act 1979; or
(b) the Minimum Conditions of Employment Act 1993.
211. Service as public service officer
(1) If a public service officer is appointed to the staff of the
20 Parliamentary Inspector under section 210, that person is
entitled to retain all his or her accruing and existing rights,
including any rights under the Superannuation and Family
Benefits Act 1938, as if service as an officer of the
Parliamentary Inspector were a continuation of service as a
25 public service officer.
(2) If a person ceases to be an officer of the Parliamentary Inspector
and becomes a public service officer the service as an officer of
the Parliamentary Inspector is to be regarded as service in the
Public Service for the purpose of determining that person's
30 rights as a public service officer and, if applicable, for the
purposes of the Superannuation and Family Benefits Act 1938.
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Division 5 Staff
s. 212
(3) If --
(a) an officer of the Parliamentary Inspector was
immediately before his or her appointment under
section 210 a permanent officer under Part 3 of the
5 Public Sector Management Act 1994; and
(b) that person ceases to be an officer of the Parliamentary
Inspector for a reason other than dismissal for
substandard performance, breach of discipline or
misconduct,
10 that person is entitled to be appointed to an office under Part 3
of the Public Sector Management Act 1994 of at least the
equivalent level of classification as the office that person
occupied immediately prior to appointment under section 210.
212. Secondment of staff and use of facilities
15 (1) The Parliamentary Inspector may arrange for any officer or
employee --
(a) in the Public Service;
(b) in a State agency; or
(c) otherwise in the service of the State,
20 to be seconded or otherwise engaged to assist the Parliamentary
Inspector.
(2) The Parliamentary Inspector may arrange for --
(a) a member of the Australian Federal Police Force;
(b) a member of the Police Force of another State or
25 Territory; or
(c) a member of the Police Force of another country,
to be seconded or otherwise engaged to assist the Parliamentary
Inspector.
(3) A person seconded or engaged under subsection (1) or (2) is
30 subject to the control and direction of the Parliamentary
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Staff Division 5
s. 213
Inspector and is not subject to the control and direction of any
other employing authority.
(4) The Parliamentary Inspector may by arrangement make use of
the facilities of a department of the Public Service or a State
5 agency.
(5) An arrangement under subsection (1) or (4) (other than an
arrangement in relation to staff or facilities of the Police Force)
is to be made with the relevant employing authority on terms
agreed by the parties.
10 (6) An arrangement under subsection (1) or (4) in relation to staff or
facilities of the Police Force is to be made with the
Commissioner of Police on terms agreed by the parties.
(7) An arrangement under subsection (2) is to be made with the
relevant authority on terms agreed by the parties.
15 213. Engagement of service providers
(1) The Parliamentary Inspector may engage suitably qualified
persons to provide the Parliamentary Inspector with services,
information or advice.
(2) A person engaged under subsection (1) is engaged on the terms
20 and conditions decided by the Parliamentary Inspector.
214. Oath or affirmation
(1) Before commencing duties as an officer of the Parliamentary
Inspector, the officer must take an oath or affirmation that,
except in accordance with this Act, the officer will not disclose
25 any information received by the officer under this Act.
(2) The oath or affirmation is to be administered by the
Parliamentary Inspector.
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Commission
Division 6 Financial provisions
s. 215
Division 6 -- Financial provisions
215. Funds of Parliamentary Inspector
(1) The funds available for the purpose of enabling the
Parliamentary Inspector to perform his or her functions consist
5 of --
(a) moneys from time to time appropriated by Parliament
and paid to the Parliamentary Inspector; and
(b) any moneys, other than moneys referred to in
paragraph (a), lawfully received by, made available to or
10 payable to the Parliamentary Inspector.
(2) The funds referred to in subsection (1) are to be credited to an
account called the "Parliamentary Inspector of the Corruption
and Crime Commission Fund" held as part of the Trust Fund
constituted under section 9 of the Financial Administration and
15 Audit Act 1985.
(3) The funds recorded as standing to the credit of the Fund are to
be applied to --
(a) the remuneration and allowances payable to officers of
the Parliamentary Inspector;
20 (b) moneys payable under an arrangement referred to in
section 212;
(c) expenditure incurred by the Parliamentary Inspector in
the performance of his or her functions; and
(d) all expenditure, other than expenditure referred to in
25 paragraphs (a), (b) and (c), lawfully incurred by the
Parliamentary Inspector for the purposes of, or in
meeting the costs and expenses of the administration of,
this Part.
216. Application of Financial Administration and Audit Act 1985
30 Subject to section 215, the provisions of the Financial
Administration and Audit Act 1985 regulating the financial
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Financial provisions Division 6
s. 216
administration, audit and reporting of statutory authorities apply
to and in respect of the Parliamentary Inspector and his or her
operations.
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s. 217
Part 14 -- Other matters
217. Facilitating proof of certain things
(1) In all legal proceedings the production of --
(a) a document purporting to be signed by the Governor and
5 to be sealed with the Public Seal of the State and
purporting to appoint a person to be the Commissioner
or the Parliamentary Inspector; or
(b) a document purporting to be a copy of a document
described in paragraph (a) and certified in writing to be
10 a true copy of it by a person purporting to be a person
named in the document as the Commissioner or the
Parliamentary Inspector,
is evidence that the Governor has appointed any person
described in that document as the Commissioner or the
15 Parliamentary Inspector, as the case requires.
(2) A transcript of proceedings before the Commission or the
Parliamentary Inspector that has been certified by the
Commission or the Parliamentary Inspector, as the case
requires, to be a correct transcript is sufficient evidence of the
20 proceedings and any statement or disclosure made in those
proceedings.
(3) In contempt proceedings under Part 10, a certificate of the
Commission stating any fact relevant to those proceedings is
sufficient evidence of the fact stated.
25 218. Disclosure of interests
(1) A person who is an officer of the Commission and who has a
material personal interest in a matter in respect of which the
Commission is performing its functions must, as soon as
possible after the relevant facts have come to the knowledge of
30 the person, disclose the nature of the interest to the
Commission.
Penalty: Imprisonment for 3 years and a fine of $60 000.
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(2) The Commission is to ensure that a person who has disclosed an
interest in a matter under subsection (1) is not involved in
considering, inquiring into or investigating that matter unless
the Commission is satisfied that the involvement of the person
5 would not prejudice the consideration, inquiry or investigation
of the matter.
(3) A person who is an officer of the Parliamentary Inspector and
who has a material personal interest in a matter in respect of
which the Parliamentary Inspector is performing his or her
10 functions must, as soon as possible after the relevant facts have
come to the knowledge of the person, disclose the nature of the
interest to the Parliamentary Inspector.
Penalty: Imprisonment for 3 years and a fine of $60 000.
(4) The Parliamentary Inspector is to ensure that a person who has
15 disclosed an interest in a matter under subsection (3) is not
involved in considering, inquiring into or investigating that
matter unless the Parliamentary Inspector is satisfied that the
involvement of the person would not prejudice the
consideration, inquiry or investigation of the matter.
20 219. Protection against liability
(1) In this section --
"official" means --
(a) an officer of the Commission;
(b) a person acting under the direction of an officer of the
25 Commission;
(c) an officer of the Parliamentary Inspector;
(d) a person acting under the direction of an officer of the
Parliamentary Inspector.
(2) An action in tort does not lie against the State, a Minister, the
30 Commission, the Parliamentary Inspector or an official for
anything done, in good faith, in the performance or purported
performance of a function under this Act or any other written
law.
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s. 220
(3) The protection given by subsection (2) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act or any other
written law had been enacted.
5 (4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
220. Protections as to allegations and information
(1) In this section --
"allegation" includes any matter reported, notified or referred
10 to the Parliamentary Inspector.
(2) If an allegation has been made to the Commission or the
Parliamentary Inspector or any information has been given to
the Commission or the Parliamentary Inspector no civil or
criminal liability, other than liability under this Act, attaches to
15 a person by reason that the allegation was made or the
information was given.
(3) If a Minister or an independent agency discloses, in good
faith --
(a) the fact that the Commission has received or initiated an
20 allegation or the details of an allegation; or
(b) the fact that the Parliamentary Inspector has received an
allegation or the details of an allegation received by the
Parliamentary Inspector,
no civil or criminal liability attaches to the State, a Minister or
25 an independent agency by reason of that disclosure.
(4) If --
(a) the principal officer of a notifying authority; or
(b) the officer constituting a notifying authority,
discloses, in good faith, the fact that the officer has made an
30 allegation to the Commission or the details of an allegation that
the officer has made to the Commission, no civil or criminal
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s. 221
liability attaches to the State, a Minister, the notifying authority
or the principal officer or officer by reason of that disclosure.
221. Protection for compliance with this Act
(1) No civil or criminal liability, other than liability under this Act,
5 attaches to a person for compliance, or purported compliance in
good faith, with a requirement made under this Act.
(2) In particular, if a person produced a document or thing under a
notice or summons under this Act, no civil liability attaches to
the person for producing the document or thing, whether the
10 liability would arise under a contract or otherwise.
222. Proceedings for defamation not to lie
No action or proceeding, civil or criminal, lies against the State,
against a Minister, or against a person employed or engaged by
the State, in respect of the printing or publishing of a transcript
15 of an examination or inquiry or a report of, or a
recommendation made by, the Commission or the Parliamentary
Inspector.
223. Privilege, protection or immunity not limited or abridged
Sections 147 and 219 to 222 do not limit or abridge any
20 privilege, protection or immunity existing apart from those
sections.
224. Records
(1) The Commission is to cause records to be kept of any
investigation, including transcripts of all examinations before
25 the Commission.
(2) The Commission is to keep any records and other things of the
Police Royal Commission, the A-CC or the Parliamentary
Commissioner that are transferred to the Commission by that
body or person or under this Act.
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(3) The Commission may make any order considered to be
appropriate, in accordance with the State Records Act 2000, as
to --
(a) who can have a copy of any of the records and on what
5 conditions;
(b) how records are to be dealt with when an investigation is
complete.
(4) If, after the completion of an investigation, any question arises
as to how any records should be dealt with, the question is to be
10 referred to the State Records Commission which may order that
any record be dealt with as the State Records Commission
considers appropriate in accordance with the State Records
Act 2000.
(5) For the purposes of the State Records Act 2000 any records that
15 are transferred to the custody of the Director of State Records as
State archives, are to be treated by the Director as restricted
access archives unless the Attorney General requests otherwise.
225. Execution of documents by Commission
(1) The Commission is to have a common seal.
20 (2) A document is duly executed by the Commission if --
(a) the common seal of the Commission is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Commission by a person or
persons authorised to do so under subsection (5).
25 (3) The common seal of the Commission is not to be affixed to any
document except as authorised by the Commission.
(4) The common seal of the Commission is to be affixed to a
document in the presence of the Commissioner, who is to sign
the document to attest that the common seal was so affixed.
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s. 226
(5) The Commission may, by writing under its common seal,
authorise an officer of the Commission to sign documents on
behalf of the Commission, either generally or subject to
conditions or restrictions specified in the authorisation.
5 (6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed unless the
contrary is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Commission, it is to be presumed that
10 the seal is the common seal of the Commission unless the
contrary is shown.
226. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
15 expiration of 5 years after its commencement.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and cause the report to be laid before each
House of Parliament within 6 years after the commencement of
this Act.
20 227. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
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Corruption and Crime Commission Bill 2003
Part 15 Repeals, transitional and savings provisions, and
consequential amendments
Division 1 General
s. 228
Part 15 -- Repeals, transitional and savings provisions,
and consequential amendments
Division 1 -- General
228. Interpretation Act 1984 applies
5 The provisions of this Part do not affect the operation of the
Interpretation Act 1984 to and in relation to --
(a) the repeals effected by sections 230 and 241; and
(b) any other aspect of the operation of this Act.
Division 2 -- Criminal Investigation (Exceptional Powers) and
10 Fortification Removal Act 2002
229. Meaning of terms used in this Division
In this Division --
"repealed Act" means the Criminal Investigation (Exceptional
Powers) and Fortification Removal Act 2002.
15 230. Criminal Investigation (Exceptional Powers) and Fortification
Removal Act 2002 repealed
The Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 is repealed.
231. Continuing protection of witnesses
20 (1) An arrangement in force under section 27 of the repealed Act
immediately before the repeal of that Act under section 230
continues in force despite that repeal.
(2) After the commencement of this section --
(a) section 156 of this Act applies to an arrangement made
25 under section 27 of the repealed Act and the
Commission may vary or revoke the arrangement; and
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Anti-Corruption Commission Act 1988 Division 3
s. 232
(b) the Commission may make an arrangement in respect of
a person under section 156 of this Act that could have
been made under section 27 of the repealed Act,
irrespective of whether an arrangement was in force in
5 respect of the person under the repealed Act.
Division 3 -- Anti-Corruption Commission Act 1988
Subdivision 1 -- Amendments to the Anti-Corruption Commission
Act 1988
232. The Act amended
10 The amendments in this Subdivision are to the Anti-Corruption
Commission Act 1988*.
[* Reprinted as at 6 July 2001.]
233. Long title replaced
The long title is repealed and the following long title is inserted
15 instead --
"
An Act to --
· provide for the way in which allegations received or
initiated by the Anti-Corruption Commission before the
20 coming into operation of section 235 of the Corruption
and Crime Commission Act 2003 are to be inquired into,
investigated or otherwise dealt with; and
· for related purposes.
".
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Division 3 Anti-Corruption Commission Act 1988
s. 234
234. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by deleting the definition of "allegation" and inserting
the following definition instead --
5 "
"allegations" means an allegation received or initiated
by the Commission under this Act before the
coming into operation of section 235 of the
Corruption and Crime Commission Act 2003;
10 ";
(b) by deleting the definitions of "corrupt conduct",
"criminal conduct" and "criminal involvement".
(2) After section 3(2) the following subsection is inserted --
"
15 (3) For the purposes of this Act "corrupt conduct",
"criminal conduct" and "criminal involvement" have
the same meaning as they had before the coming into
operation of section 234 of the Corruption and Crime
Commission Act 2003 as if section 13 of this Act were
20 not repealed.
".
235. Section 12 amended
(1) Section 12(1)(a) is deleted.
(2) Section 12(2) is repealed.
25 236. Part II Division 3 repealed
Part II Division 3 is repealed.
237. Section 17 amended
Section 17(2)(b) is amended by deleting ", in the case of an
allegation under section 13(1)(a), (b) or (c),".
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Anti-Corruption Commission Act 1988 Division 3
s. 238
238. Section 19 amended
Section 19 is amended by deleting "under section 13(1)(a), (b)
or (c)".
239. Section 48A inserted
5 Before section 49 in Part V the following section is inserted --
"
48A. Referral of allegations to the Corruption and Crime
Commission
(1) In this section --
10 "CCC" has the meaning given to "Commission" by
section 3 of the Corruption and Crime
Commission Act 2003;
"record" includes --
(a) anything that is a document as defined in
15 section 79B of the Evidence Act 1906;
(b) evidence in any form; and
(c) information and other things.
(2) The Commission may at any time refer an allegation to
the CCC.
20 (3) The CCC may by notice in writing direct the
Commission to refer an allegation to the CCC.
(4) When an allegation is referred to the CCC under
subsection (2) or (3), the allegation is to be treated by
the CCC as if it were an allegation made under the
25 Corruption and Crime Commission Act 2003 and that
Act applies to and in relation to that reference
accordingly.
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Division 3 Anti-Corruption Commission Act 1988
s. 239
(5) The Commission must not take any further action in
relation to an allegation that is referred to the CCC
under subsection (2) or (3) except by arrangement with
the CCC.
5 (6) When the CCC receives an allegation referred under
subsection (2) or (3) --
(a) any record of the Commission for the purposes
of or in relation to the allegation is to be
transferred to the CCC, becomes a record of the
10 CCC and may be dealt with accordingly;
(b) any notice or request issued under this Act in
relation to the allegation is taken to be a notice
or request validly issued under the Corruption
and Crime Commission Act 2003 and continues
15 in force with necessary changes;
(c) anything done under this Act in relation to the
allegation may be continued by the CCC so far
as the doing of that thing is within the functions
of the CCC; and
20 (d) any warrant issued under section 13, 14 or 17
of the Surveillance Devices Act 1998, and any
emergency authorisation issued under
section 21 of that Act, in relation to the
investigation of that allegation continues in
25 force, subject to any condition or limitation on
its issue and with necessary changes, as if it
were issued to an officer of the CCC.
(7) The CCC --
(a) is entitled to full access to the records of the
30 Anti-Corruption Commission and to take or
have copies made of any of them; and
(b) may by notice in writing direct the Commission
or an officer of the Commission to disclose
information or produce records or other things
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Anti-Corruption Commission Act 1988 Division 3
s. 240
about any allegation or other matter, or any
class or kind of allegation or other matter,
relating to the Commission's functions to the
CCC.
5 (8) The Commission and any officer of the Commission
must comply with a direction given to it, him or her
under subsection (3) or (7)(b).
".
Subdivision 2 -- Repeal of the Anti-Corruption Commission Act 1988
10 and transitional and savings provisions
240. Meaning of terms used in this Division
In this Division --
"commencement" means the day on which section 241 comes
into operation;
15 "A-CC Act" means the Anti-Corruption Commission Act 1988.
241. Anti-Corruption Commission Act 1988 repealed
The Anti-Corruption Commission Act 1988 is repealed.
242. References to repealed Act and former titles
In any written law or document, a reference to the A-CC Act
20 may, if the context permits, be taken as a reference to this Act.
243. Transfer of assets and liabilities to Commission
On and after the commencement --
(a) the assets and rights of the A-CC vest in the
Commission by force of this section;
25 (b) the liabilities of the A-CC become, by force of this
section, the liabilities of the Commission;
(c) any agreement or instrument relating to the assets, rights
and liabilities referred to in paragraphs (a) and (b) has
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Division 3 Anti-Corruption Commission Act 1988
s. 244
effect, by force of this section, as if the Commission
were substituted for the A-CC in the agreement or
instrument;
(d) the Commission is a party to any proceedings by or
5 against the A-CC commenced before the
commencement;
(e) any proceeding or remedy that might have been
commenced by or available against or to the A-CC in
relation to the assets, rights and liabilities referred to in
10 paragraphs (a) and (b), may be commenced by or is
available, by or against or to the Commission;
(f) any act, matter or thing done or omitted to be done in
relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) before the commencement by, to
15 or in respect of the A-CC (to the extent that that act,
matter or thing has any force or effect) is to be taken to
have been done or omitted by, to or in respect of the
Commission.
244. Notices and requests
20 A notice or request issued under the A-CC Act and in force
immediately before the commencement is taken to be a notice
or request validly issued under this Act and continues in force,
with necessary changes.
245. Proceedings
25 A proceeding that could have been started or continued by, or
against the A-CC may be started or continued by, or against the
Commission.
246. Continuation of allegations
(1) This section applies if an allegation made to the A-CC under the
30 A-CC Act before the commencement has not been finally dealt
with under that Act on the commencement.
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Anti-Corruption Commission Act 1988 Division 3
s. 247
(2) The allegation must be dealt with as if it had been made under
this Act.
(3) If the allegation was made by a person under section 13(1)(a),
(b) or (c) of the A-CC Act, section 35 of this Act applies as if
5 the allegation were made under section 25 or 28(2), as the case
requires, of this Act.
247. Offences
(1) Proceedings for an offence against the A-CC Act may be
continued, or started, despite the A-CC Act having been
10 repealed and section 11 of The Criminal Code and for the
purposes of section 10 of the Sentencing Act 1995, the statutory
penalty for the offence immediately before the commencement
continues to have effect.
(2) Despite section 241, sections 52 to 54 of the A-CC Act continue
15 to have effect, with any necessary modifications, as if they had
not been repealed.
248. Completion of things done
Anything commenced to be done by the A-CC under the A-CC
Act before the commencement may be continued by the
20 Commission so far as the doing of that thing is within the
functions of the Commission after the commencement.
249. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement by, to or in respect of the A-CC, to the extent
25 that that act, matter or thing has any force is to be taken to have
been done or omitted by, to or in respect of the Commission so
far as the act, matter or thing is relevant to the Commission.
250. Warrants and emergency authorisations continued in force
(1) Any warrant issued under section 13, 14 or 17 of the
30 Surveillance Devices Act 1998 to an Anti-Corruption
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Division 3 Anti-Corruption Commission Act 1988
s. 251
Commission officer and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
issued to an officer of the Commission.
5 (2) Any emergency authorisation issued under section 21 of the
Surveillance Devices Act 1998 to an Anti-Corruption
Commission officer and in force immediately before the
commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
10 issued to an officer of the Commission.
251. Transfer of records
(1) On the commencement all records in the possession of the
A-CC immediately before the commencement are to be
transferred to the possession of the Commission, become the
15 records of the Commission and may be dealt with accordingly.
(2) In this section --
"records" includes --
(a) evidence in any form;
(b) information and other things.
20 252. A-CC officers
(1) In this section --
"A-CC officer" means a person who, immediately before
becoming an officer of the Commission within the meaning
of this Act, was an officer of the Commission as that term
25 is defined in the A-CC Act.
(2) If, on or before the commencement, an A-CC officer becomes
an officer of the Commission or an officer of the Parliamentary
Inspector, that person is entitled to retain all his or her existing
and accruing rights as an A-CC officer, including any rights
30 under the Superannuation and Family Benefits Act 1938 and
any rights that had been retained under section 6(4) of the A-CC
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Anti-Corruption Commission Act 1988 Division 3
s. 252
Act, as if his or her service as an officer of the Commission or
an officer of the Parliamentary Inspector were a continuation of
his or her service as an A-CC officer.
(3) Despite the repeal of the A-CC Act under section 241,
5 section 6(6), (7), (8) and (9) of the A-CC Act continue to apply
to and in relation to a person --
(a) who was, immediately before the commencement, an
officer of the Commission as that term is defined in the
A-CC Act;
10 (b) who is a former public employee as that term is defined
in section 6(5) of the A-CC Act; and
(c) who --
(i) on the commencement is not employed or
engaged as an officer of the Commission or an
15 officer of the Parliamentary Inspector; or
(ii) having become an officer of the Commission or
an officer of the Parliamentary Inspector,
subsequently ceases to be such an officer
otherwise than in circumstances described in
20 section 6(7) of the A-CC Act.
(4) Nothing in this Act precludes the Commission from exercising
its discretion to employ or engage as an officer of the
Commission a person who before the commencement was --
(a) an officer of the Commission;
25 (b) a seconded officer;
(c) a service provider; or
(d) a special investigator,
as those terms are defined in the A-CC Act.
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Division 3 Anti-Corruption Commission Act 1988
s. 253
253. Financial reporting
(1) In this section --
"FAA Act" means the Financial Administration and Audit
Act 1985;
5 "final period" means the period starting at the beginning of
1 July last preceding the commencement;
"reporting officer" means the person appointed under
section 65A(2) of the FAA Act as applied by
subsection (2).
10 (2) Section 65A of the FAA Act applies in relation to the
preparation and submission of a final report in respect of the
A-CC as if --
(a) references in that section to a department were
references to the A-CC; and
15 (b) references in that section to provisions of sections 62 to
65 of the FAA Act were references to the equivalent
provisions of sections 66 to 70 of the FAA Act,
except that the period to which the final report is to relate is the
final period and the references in sections 66(1), 68 and 70(1) to
20 the end of the financial year are to be read as references to the
end of the final period.
(3) If at the commencement, any duty imposed by Part II
Division 14 of the FAA Act on the accountable authority of the
A-CC has not been complied with in relation to the A-CC for
25 any financial year that expired before the commencement, that
duty subsists and is to be performed by the reporting officer as
if the reporting officer were the accountable authority.
(4) The time within which the reporting officer is to perform a duty
referred to in subsection (3) is extended until the end of the day
30 that is 2 months after the day on which the reporting officer is
appointed, but this subsection does not prevent the time from
being extended again under section 70 of the FAA Act.
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Royal Commission (Police) Act 2002 Division 4
s. 254
(5) The Commission is to give the reporting officer access to the
records referred to in section 251 for the purposes of this
section.
Division 4 -- Royal Commission (Police) Act 2002
5 254. Powers of Commission regarding matters related to Police
Royal Commission
(1) The Commission may perform any of its functions under this
Act in relation to anything done by, to or in relation to the
Police Royal Commission.
10 (2) Without limiting subsection (1) or any other power of the
Commission, the Commission may continue any investigation
or other matter commenced but not completed by the Police
Royal Commission, and may for this purpose adopt any
evidence taken or assessments made by the Police Royal
15 Commission.
(3) Accordingly, this Act has effect, for the purposes of this section,
with any necessary adaptations and with such modifications as
may be prescribed by the regulations.
255. Warrants and emergency authorisations continued in force
20 (1) In this section --
"commencement" means the commencement of this Division.
(2) Any warrant issued under section 13, 14 or 17 of the
Surveillance Devices Act 1998 to an officer of the Police Royal
Commission and in force immediately before the
25 commencement continues in force, subject to any condition or
limitation on its issue and with necessary changes, as if it were
issued to an officer of the Commission.
(3) Any emergency authorisation issued under section 21 of the
Surveillance Devices Act 1998 to an officer of the Police Royal
30 Commission and in force immediately before the
commencement continues in force, subject to any condition or
page 157
Corruption and Crime Commission Bill 2003
Part 15 Repeals, transitional and savings provisions, and
consequential amendments
Division 4 Royal Commission (Police) Act 2002
s. 256
limitation on its issue and with necessary changes, as if it were
issued to an officer of the Commission.
256. Assumed identity approvals continue in force
Any assumed identity approval granted under section 22 of the
5 Royal Commission (Police) Act 2002 and applying to an officer
of the Police Royal Commission immediately before the end of
the Police Royal Commission continues in force as if it were
granted to an officer of the Commission under Part 6 Division 3
and that Division applies to and in relation to the approval as if
10 the officer to whom it applies were an officer of the
Commission.
257. Records
(1) In this section --
"records" includes --
15 (a) evidence in any form; and
(b) information and other things.
(2) At the end of the Police Royal Commission (as determined
under section 3(2) of the Royal Commission (Police) Act 2002)
all records in the possession of the Police Royal Commission
20 not transferred to the Commission under section 19(4) --
(a) are to be transferred to the Commission; and
(b) become records of the Commission and may be dealt
with accordingly.
258. Amendment to Royal Commission (Police) Act 2002
25 (1) The amendments in this section are to the Royal Commission
(Police) Act 2002.
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Corruption and Crime Commission Bill 2003
Repeals, transitional and savings provisions, and Part 15
consequential amendments
Parliamentary Commissioner Act 1971 Division 5
s. 259
(2) Section 3(2) is repealed and the following subsection is inserted
instead --
"
(2) For the purposes of this Act the Commission is taken to
5 have ended on a day fixed by order of the Governor
published in the Gazette.
".
Division 5 -- Parliamentary Commissioner Act 1971
259. Parliamentary Commissioner Act 1971 amended
10 (1) The Parliamentary Commissioner Act 1971 is amended as set
out in Schedule 4 Division 1.
(2) The Parliamentary Commissioner Act 1971 is amended as set
out in Schedule 5 Division 1.
260. Parliamentary Commissioner must refer certain
15 investigations to Commission
(1) In this section --
"records" includes --
(c) evidence in any form; and
(d) information and other things.
20 (2) On the commencement of this Division the Parliamentary
Commissioner must --
(a) cease any investigation referred to in section 14(1a) of
the Parliamentary Commissioner Act 1971;
(b) refer the investigation to the Commission; and
25 (c) transfer to the Commission any records in the possession
of the Parliamentary Commissioner immediately before
the commencement of this Division that relate to an
investigation referred to in section 14(1a) of the
Parliamentary Commissioner Act 1971.
page 159
Corruption and Crime Commission Bill 2003
Part 15 Repeals, transitional and savings provisions, and
consequential amendments
Division 6 Consequential amendments to other Acts
s. 261
(3) Records transferred under subsection (1)(c) become the records
of the Commission and may be dealt with accordingly.
Division 6 -- Consequential amendments to other Acts
261. Other Acts amended
5 (1) Schedule 4 Division 2 has effect.
(2) Schedule 5 Division 2 has effect.
Division 7 -- General
262. Further transitional provisions may be made
(1) In this section --
10 "commencement day" means the day on which this section
comes into operation;
"specified" means specified or described in the regulations;
"transitional matter" means a matter that needs to be dealt
with for the purpose of --
15 (a) effecting the transition from the provisions of an Act
repealed by this Act to the provisions of this Act; or
(b) effecting the transition from the provisions of an Act
amended by this Act as in force before this Act
comes into operation to the provisions of that Act as
20 in force after this Act comes into operation,
and includes a saving or application matter.
(2) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations under this Act may include any
provision that is required, or that is necessary or convenient, for
25 dealing with the transitional matter.
(3) Regulations made under subsection (2) may provide that
specified provisions of this Act or an Act amended by this
Act --
(a) do not apply; or
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Repeals, transitional and savings provisions, and Part 15
consequential amendments
General Division 7
s. 262
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations made under subsection (2) provide that a specified
state of affairs is to be taken to have existed, or not to have
5 existed, on and from a day that is earlier than the day on which
the regulations are published in the Gazette but not earlier than
the commencement day, the regulations have effect according to
their terms.
(5) Regulations that contain a provision referred to in subsection (4)
10 cannot be made more than 12 months after the commencement
day.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as to --
(a) affect in a manner prejudicial to any person (other than
15 the State or an authority of the State), the rights of that
person existing before the day of publication of those
regulations; or
(b) impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
20 omitted to be done before the day of publication of those
regulations.
page 161
Corruption and Crime Commission Bill 2003
Schedule 1 Offences that may be relevant for Part 4
Schedule 1 -- Offences that may be relevant for Part 4
[s. 3, 5]
1. An offence under any of the following enactments --
The Criminal Code
5 s. 143
s. 145
s. 147
s. 278
s. 279
10 s. 283 (except if the circumstances of the attempted or intended killing
are such that, if it were carried out, the crime committed would
be infanticide)
s. 292
s. 293
15 s. 294
s. 296
s. 296A
s. 298
s. 332
20 s. 393 (except in circumstances in which the maximum penalty that can
be imposed is imprisonment for 14 years)
s. 398 (in circumstances in which the maximum penalty that can be
imposed is imprisonment for 20 years)
s. 451A(1)
25 s. 454
s. 557
s. 563A
Criminal Property Confiscation Act 2000
s. 50(1)
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Offences that may be relevant for Part 4 Schedule 1
2. An offence against regulations made under s. 6(1) of the Firearms
Act 1973 that --
(a) is committed in respect of 2 or more firearms; or
(b) is committed in respect of a firearm and in association with
5 the commission, by the same or any other person, of an
offence against s. 65(4aa) of the Police Act 1892.
3. An offence referred to in s. 32A(1)(b) of the Misuse of Drugs Act 1981.
page 163
Corruption and Crime Commission Bill 2003
Schedule 2 Terms and conditions of service of Commissioner
Schedule 2 -- Terms and conditions of service
of Commissioner
[s. 11]
1. Tenure of office
5 Subject to this Act, the Commissioner holds office for such period,
not exceeding 4 years, as is specified in the instrument of
appointment, and is eligible for reappointment.
2. Terms of appointment
(1) The Commissioner is to be appointed on a full-time basis.
10 (2) The Commissioner must not, except in so far as authorised to do so by
the Governor, hold any office of profit or trust (other than office as
Commissioner) or engage in any occupation for reward outside the
duties of the office of Commissioner.
(3) Section 52 of the Interpretation Act 1984 does not apply to the office
15 of Commissioner.
3. Remuneration, leave and entitlements
(1) The Commissioner is entitled to be paid remuneration and to receive
allowances or reimbursements at the same rate as a Puisne Judge of
the Supreme Court.
20 (2) The Commissioner is entitled to the same conditions in respect of
leave of absence as a Judge of the Supreme Court.
(3) The provisions of the Judges' Salaries and Pensions Act 1950 that
relate to pensions apply, with such modifications as circumstances
require, to and in relation to --
25 (a) the Commissioner; and
(b) after the Commissioner's death, the Commissioner's spouse
and children,
as they apply to and in relation to a Judge of the Supreme Court
appointed after the commencement of that Act and to and in relation
30 to the spouse and children of a Judge of the Supreme Court after that
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Terms and conditions of service of Commissioner Schedule 2
Judge's death, and for that purpose "Judge" in that Act include the
Commissioner.
(4) Subclause (1) has effect subject to subclause (5) of this clause and
clause 4.
5 (5) If the Commissioner is receiving a non-contributory pension under the
Judges' Salaries and Pensions Act 1950 or any other Act, or under a
law of the Commonwealth or of another State or Territory, the
Commissioner is to be paid the difference between that pension and
the remuneration payable under subclause (1), in lieu of the full
10 amount of that remuneration.
(6) The remuneration payable to the holder of the office of Commissioner
is to be charged to the Consolidated Fund which, to the necessary
extent, is by this clause appropriated accordingly.
4. Provisions where Commissioner was Judge
15 (1) If a person who, immediately before appointment to the office of
Commissioner, was a Judge of the Supreme Court, is appointed as
Commissioner, that person is to be paid the same remuneration and
have the same other rights or privileges as if the person had continued
to be the holder of that judicial office.
20 (2) For the purposes of the Judges' Salaries and Pensions Act 1950, the
service as Commissioner of a former judge is taken to be service as
the holder of the same judicial office as the office that person held
before appointment as Commissioner.
(3) The person's service as Commissioner is, for all purposes, taken to be
25 service as the holder of that judicial office.
(4) If the term of office of a former judge who was a Judge of the
Supreme Court expires by effluxion of time and he or she is not
reappointed as Commissioner, that person is entitled to be appointed
as a Judge of the Supreme Court.
30 (5) If the term of office of a former judge who was a Judge of the District
Court expires by effluxion of time and he or she is not reappointed as
Commissioner, that person is entitled to be appointed as a Judge of
the District Court.
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Schedule 2 Terms and conditions of service of Commissioner
(6) In this clause --
"former Judge" means a person who, immediately before
appointment to the office of Commissioner, was a Judge of the
Supreme Court or the District Court.
5 5. Provisions where Commissioner was public service officer
(1) If a public service officer is appointed as Commissioner, that person is
entitled to retain all his or her accruing and existing rights, including
any rights under the Superannuation and Family Benefits Act 1938, as
if service as Commissioner were a continuation of service as a public
10 service officer.
(2) If a person ceases to be Commissioner and becomes a public service
officer, the service as Commissioner is to be regarded as service in the
Public Service for the purposes of determining that person's rights as
a public service officer and, if applicable, for the purposes of the
15 Superannuation and Family Benefits Act 1938.
(3) If --
(a) the Commissioner immediately before his or her appointment
as Commissioner occupied an office under Part 3 of the
Public Sector Management Act 1994; and
20 (b) his or her term of office expires by effluxion of time and he
or she is not reappointed as Commissioner,
that person is entitled to be appointed to an office under Part 3 of the
Public Sector Management Act 1994 of at least the equivalent level of
classification as the office that person occupied immediately prior to
25 appointment as Commissioner.
6. Resignation
The Commissioner may, at any time, by instrument in writing
addressed to the Governor, resign the office of Commissioner, and on
receipt of the resignation by the Governor, the Commissioner is to
30 vacate the office of Commissioner.
7. Vacancy
The office of Commissioner becomes vacant if the Commissioner --
(a) dies;
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Terms and conditions of service of Commissioner Schedule 2
(b) resigns the office under clause 6;
(c) becomes a police officer;
(d) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
5 his or her creditors or makes an assignment of his or her
remuneration for their benefit; or
(e) is removed from office under section 12.
page 167
Corruption and Crime Commission Bill 2003
Schedule 3 Terms and conditions of service of Parliamentary Inspector
Schedule 3 -- Terms and conditions of service of
Parliamentary Inspector
[s. 191]
1. Tenure of office
5 Subject to this Act, the Parliamentary Inspector holds office for such
period, not exceeding 4 years, as is specified in the instrument of
appointment, and is eligible for reappointment.
2. Terms of appointment
(1) The Parliamentary Inspector may be appointed on either a full-time or
10 part-time basis.
(2) If the Parliamentary Inspector is appointed on a full-time basis, the
Parliamentary Inspector must not, except in so far as authorised to do
so by the Governor, hold any office of profit or trust (other than office
as Parliamentary Inspector) or engage in any occupation for reward
15 outside the duties of the office of Parliamentary Inspector.
(3) Section 52 of the Interpretation Act 1984 does not apply to the office
of Parliamentary Inspector.
3. Remuneration, leave and entitlements
(1) The Parliamentary Inspector is to be paid remuneration at such rate as
20 the Governor may determine.
(2) Subclause (1) has effect subject to --
(a) subclause (4) of this clause and clause 4; and
(b) the Salaries and Allowances Act 1975.
(3) The rate of remuneration of the Parliamentary Inspector is not to be
25 reduced during the term of office of the Parliamentary Inspector
without the consent of the Parliamentary Inspector.
(4) If the Parliamentary Inspector is receiving a non-contributory pension
under the Judges' Salaries and Pensions Act 1950 or any other Act, or
under a law of the Commonwealth or of another State or Territory, the
30 Parliamentary Inspector is to be paid the difference between that
pension and the remuneration payable under subclause (1), in lieu of
the full amount of that remuneration.
page 168
Corruption and Crime Commission Bill 2003
Terms and conditions of service of Parliamentary Inspector Schedule 3
(5) The remuneration payable to the holder of the office of Parliamentary
Inspector is to be charged to the Consolidated Fund which, to the
necessary extent, is by this clause appropriated accordingly.
(6) The Parliamentary Inspector is entitled to such leave of absence and
5 other entitlements as the Governor determines.
4. Provisions where Parliamentary Inspector was Judge
(1) If a person who, immediately before appointment to the office of
Parliamentary Inspector, was a Judge of the Supreme Court or the
District Court, is appointed as Parliamentary Inspector, that person is
10 to be paid the same remuneration and have the same other rights or
privileges as if the person had continued to be the holder of that
judicial office.
(2) For the purposes of the Judges' Salaries and Pensions Act 1950, the
service as Parliamentary Inspector of a person referred to in
15 subclause (1) is taken to be service as the holder of the same judicial
office as the office that person held before appointment as
Parliamentary Inspector.
(3) The person's service as Parliamentary Inspector is, for all purposes,
taken to be service as the holder of that judicial office.
20 (4) If the term of office of a person referred to in subclause (1) who was a
Judge of the Supreme Court expires by effluxion of time and he or she
is not reappointed as Parliamentary Inspector, that person is entitled to
be appointed as a Judge of the Supreme Court.
(5) If the term of office of a person referred to in subclause (1) who was a
25 Judge of the District Court expires by effluxion of time and he or she
is not reappointed as Parliamentary Inspector, that person is entitled to
be appointed as a Judge of the District Court.
5. Provisions where Parliamentary Inspector was public service
officer
30 (1) If a public service officer is appointed to the office of Parliamentary
Inspector, that person is entitled to retain all his or her accruing and
existing rights, including any rights under the Superannuation and
Family Benefits Act 1938, as if service in the office of Parliamentary
Inspector were a continuation of service as a public service officer.
page 169
Corruption and Crime Commission Bill 2003
Schedule 3 Terms and conditions of service of Parliamentary Inspector
(2) If a person ceases to hold the office of Parliamentary Inspector and
becomes a public service officer, the service as Parliamentary
Inspector is to be regarded as service in the Public Service for the
purposes of determining that person's rights as a public service officer
5 and, if applicable, for the purposes of the Superannuation and Family
Benefits Act 1938.
(3) If --
(a) the Parliamentary Inspector immediately before his or her
appointment to the office of Parliamentary Inspector occupied
10 an office under Part 3 of the Public Sector Management
Act 1994; and
(b) his or her term of office expires by effluxion of time and he
or she is not reappointed as Parliamentary Inspector,
that person is entitled to be appointed to an office under Part 3 of the
15 Public Sector Management Act 1994 of at least the equivalent level of
classification as the office that person occupied immediately prior to
appointment as Parliamentary Inspector.
6. Resignation
The Parliamentary Inspector may, at any time, by instrument in
20 writing addressed to the Governor, resign the office of Parliamentary
Inspector and, on receipt of the resignation by the Governor, the
Parliamentary Inspector is to vacate the office of Parliamentary
Inspector.
7. Vacancy
25 The office of Parliamentary Inspector becomes vacant if the
Parliamentary Inspector --
(a) dies;
(b) resigns the office under clause 6;
(c) becomes bankrupt, applies to take the benefit of any law for
30 the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit; or
(d) is removed from office under section 192.
page 170
Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
Schedule 4 -- Amendments to other Acts as a consequence
of enactment of Corruption and Crime Commission
Act 2003
[s. 259(1), 261(1)]
5 Division 1 -- Parliamentary Commissioner Act 1971 amended
1. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
[*Reprinted as at 16 March 2001.]
10 2. Long title amended
The long title is amended by deleting ", for the investigation of any
action taken by a member of the Police Force or Police
Department".
3. Section 4 amended
15 Section 4 is amended by inserting in the appropriate alphabetical
positions the following definitions --
"
"Corruption and Crime Commission" has the
meaning given to "Commission" under the
20 Corruption and Crime Commission Act 2003;
"officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
Commission" under the Corruption and Crime
Commission Act 2003;
25 "officer of the Parliamentary Inspector of the
Corruption and Crime Commission" has the
meaning given to "officer of the Parliamentary
Inspector" under the Corruption and Crime
Commission Act 2003;
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
"Parliamentary Inspector of the Crime and
Corruption Commission" has the meaning given
to "Parliamentary Inspector" under the Corruption
and Crime Commission Act 2003;
5 ".
4. Section 14 amended
Section 14(1a), (1b) and (1c) are repealed.
5. Section 22A amended
Section 22A(1) is amended by inserting before "the Inspector" --
10 " the Corruption and Crime Commission, ".
6. Section 22B amended
Section 22B is amended as follows:
(a) by deleting the "or" after paragraph (aa);
(b) in paragraph (b) by deleting "either" and inserting instead --
15 "
the Corruption and Crime Commission, the
Parliamentary Inspector,
";
(c) at the end of paragraph (b) by deleting the full stop and
20 inserting a semicolon instead;
(d) by inserting after paragraph (b) the following paragraphs --
"
(c) is disclosed to --
(i) the Corruption and Crime Commission;
25 or
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Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
(ii) a person who is an officer of the
Corruption and Crime Commission
authorised for the purposes of this
subparagraph by the Corruption and
5 Crime Commission,
and concerns a matter that is relevant to the
functions of the Corruption and Crime
Commission; or
(d) is disclosed to a person who is --
10 (i) the Parliamentary Inspector of the
Corruption and Crime Commission; or
(ii) an officer of the Parliamentary Inspector
of the Corruption and Crime
Commission authorised for the purposes
15 of this subparagraph by the
Parliamentary Inspector,
and concerns a matter that is relevant to the
functions of the Parliamentary Inspector.
".
20 7. Schedule 1 amended
Schedule 1 is amended by inserting before the item relating to the
Director of Public Prosecutions the following items --
"
The Corruption and Crime Commission under the
25 Corruption and Crime Commission Act 2003.
The Parliamentary Inspector of the Corruption and Crime
Commission under the Corruption and Crime Commission
Act 2003.
".
page 173
Corruption and Crime Commission Bill 2003
Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
Division 2 -- Amendments to other Acts
8. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001,
5, 20, 24 and 30 of 2002.]
(2) Schedule V Part 1 Division 2 is amended as follows:
10 (a) by inserting after the item relating to the Clerk of the
Legislative Council the following item --
"
Commissioner appointed under the Corruption and
Crime Commission Act 2003.
";
(b) by inserting after the item relating to the Parliamentary
15 Commissioner for Administrative Investigations the
following item --
"
Parliamentary Inspector of the Corruption and Crime
Commission appointed under the Corruption
and Crime Commission Act 2003.
".
9. Court Security and Custodial Services Act 1999 amended
20 (1) The amendment in this clause is to the Court Security and Custodial
Services Act 1999*.
[* Reprinted as at 13 July 2001.]
(2) Section 38(l) is amended by inserting before "the Freedom of
Information Act 1992" --
25 " the Corruption and Crime Commission Act 2003, ".
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Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
10. The Criminal Code amended
(1) The amendments in this clause are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code Act
5 Compilation Act 1913).]
(2) Section 570(1) is amended as follows:
(a) in the definition of "interview" by inserting before
paragraph (a) the following paragraph --
"
10 (aa) an officer of the Corruption and Crime
Commission; or
";
(b) by inserting after the definition of "lawyer" the following
definition --
15 "
"officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
Commission" by section 3 of the Corruption and
Crime Commission Act 2003;
20 ";
(c) by inserting after the definition of "Parliamentary
Commissioner" the following definition --
"
"Parliamentary Inspector" has the meaning given by
25 section 3 of the Corruption and Crime
Commission Act 2003;
".
(3) Section 570B(1) is amended as follows:
(a) in the definition of "authorised person" by inserting before
30 paragraph (e) the following paragraphs --
"
(dd) an officer of the Corruption and Crime
Commission;
(de) the Parliamentary Inspector;
35 ".
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Corruption and Crime Commission Bill 2003
Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(4) Section 570B(3a) is amended by inserting after paragraph (a) the
following paragraphs --
"
(aa) an officer of the Corruption and Crime
5 Commission;
(ab) the Parliamentary Inspector; or
".
(5) Section 570B(4) is amended by inserting before "who supplies" --
"
10 an officer of the Corruption and Crime Commission or
the Parliamentary Inspector acting in the course of duty
".
(6) Section 570B(5) is amended by inserting before "or (e)" --
" , (dd), (de) ".
15 (7) Section 570D(1) is amended in the definition of "admission" by
inserting after "Police Force" --
" or an officer of the Corruption and Crime Commission ".
(8) Section 570GA(1), (2) and (3) are each amended by inserting after
"Commission" --
20 " or the Corruption and Crime Commission ".
(9) Section 570GA(4) is amended in the definition of "interview" by
inserting after "by" --
" an officer of the Corruption and Crime Commission or ".
(10) Section 570H(2) is amended by inserting after paragraph (a) the
25 following paragraph --
"
(aa) an officer of the Corruption and Crime
Commission;
".
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Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
11. Financial Administration and Audit Act 1985 amended
(1) The amendments in this clause are to the Financial Administration
and Audit Act 1985*.
[* Reprinted as at 16 September 2002 .
5 For subsequent amendments see Acts Nos. 30 and 38 of 2002.]
(2) Schedule 1 is amended by inserting in the appropriate alphabetical
positions the following items --
"
Corruption and Crime Commission
10 Parliamentary Inspector of the Corruption and Crime
Commission
".
12. Freedom of Information Act 1992 amended
(1) The amendments in this clause are to the Freedom of Information
15 Act 1992*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
(2) Schedule 2 is amended as follows:
20 (a) by inserting after the item relating to the Auditor General the
following item --
" The Corruption and Crime Commission. ";
(b) by inserting before the item relating to the Parole Board the
following item --
25 "
The Parliamentary Inspector of the Corruption and
Crime Commission.
".
13. Juries Act 1957 amended
(1) The amendments in this clause are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.]
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Corruption and Crime Commission Bill 2003
Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(2) After section 56B(2)(b) the following paragraphs are inserted --
"
(ba) to the Corruption and Crime Commission
established under the Corruption and Crime
5 Commission Act 2003;
(bb) to the Parliamentary Inspector of the
Corruption and Crime Commission appointed
under the Corruption and Crime Commission
Act 2003;
10 ".
(3) After section 56C(2)(b) the following paragraphs are inserted --
"
(ba) to the Corruption and Crime Commission
established under the Corruption and Crime
15 Commission Act 2003;
(bb) to the Parliamentary Inspector of the
Corruption and Crime Commission appointed
under the Corruption and Crime Commission
Act 2003;
20 ".
(4) After the Second Schedule Part 1 item 1(d) the following paragraphs
are inserted --
"
(da) Commissioner appointed under the Corruption and
25 Crime Commission Act 2003;
(db) Parliamentary Inspector of the Corruption and
Crime Commission appointed under the Corruption
and Crime Commission Act 2003;
".
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Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
(5) After the Second Schedule Part 1 item 2(i) the following paragraphs
are inserted --
"
(j) Officer of the Corruption and Crime Commission
5 under the Corruption and Crime Commission
Act 2003;
(ja) Officer of the Parliamentary Inspector of the
Corruption and Crime Commission under the
Corruption and Crime Commission Act 2003;
10 ".
14. Prisons Act 1981 amended
(1) The amendments in this clause are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.
For subsequent amendments see Act No. 10 of 2002.]
15 (2) Section 15C(l) is amended by inserting before "the Freedom of
Information Act 1992" --
" the Corruption and Crime Commission Act 2003, ".
(3) After section 109I(5)(a) the following paragraph is inserted --
"
20 (aa) a pending investigation, or an investigation or
other action by the Corruption and Crime
Commission under the Corruption and Crime
Commission Act 2003; or
".
25 (4) Section 109O(1) is amended by inserting before "the Director" --
"
the Corruption and Crime Commission, the
Parliamentary Inspector of the Corruption and Crime
Commission,
30 ".
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Corruption and Crime Commission Bill 2003
Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(5) Before section 109P(a) the following paragraph is inserted --
"
(aa) is disclosed to a person who is --
(i) the Corruption and Crime Commission;
5 (ii) a person who is an officer of the
Corruption and Crime Commission,
and concerns a matter that is relevant to the
functions of the Corruption and Crime
Commission;
10 ".
(6) Section 109P(b) is amended by inserting after "the functions of
either" --
"the Corruption and Crime Commission, ".
15. Public Interest Disclosure Act 2003 amended
15 (1) The amendments in this clause are to the Public Interest Disclosure
Act 2003*.
[* Act No. 29 of 2003.]
(2) Section 3(1) is amended by inserting after the definition of
"Commissioner of Police" the following definition --
20 "
"Corruption and Crime Commission" has the
meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
".
25 (3) Section 5(3)(a) is amended by inserting after "Commission" --
" or to the Corruption and Crime Commission ".
(4) Section 5(3)(d) is amended by deleting "Parliamentary
Commissioner" and inserting instead --
" Corruption and Crime Commission ".
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Corruption and Crime Commission Act 2003
(5) After section 11(2) the following subsection is inserted --
"
(3) To avoid doubt, it is declared that information that
section 151, 152 or 153 of the Corruption and Crime
5 Commission Act 2003 prevents a person from
disclosing is not to be given or disclosed under
section 10.
".
(6) Section 12(1) is amended by inserting after "Commission" in both
10 places where it occurs --
" , the Corruption and Crime Commission ".
(7) Section 16(1) is amended as follows --
(a) by deleting "or" after paragraph (d);
(b) by deleting the full stop after paragraph (e) and inserting a
15 semicolon instead;
(c) by inserting after paragraph (e) --
"
(f) the identifying disclosure is made in
accordance with section 152 or 153 of the
20 Corruption and Crime Commission Act 2003;
or
(g) to do so is required under section 28 of the
Corruption and Crime Commission Act 2003.
".
25 (8) Section 16(3) is amended as follows:
(a) by deleting "or" after paragraph (e);
(b) by deleting the full stop after paragraph (f) and inserting a
semicolon instead;
(c) by inserting after paragraph (f) --
30 "
(g) the disclosure is made in accordance with
section 152 or 153 of the Corruption and Crime
Commission Act 2003; or
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(h) to do so is required under section 28 of the
Corruption and Crime Commission Act 2003.
".
(9) Section 24(1) is amended by inserting after "statement" --
5 " to a proper authority ".
(10) After section 24(1) the following subsection is inserted --
"
(1a) For the purposes of subsection (1) a statement is made
to a proper authority if, were the statement truly a
10 disclosure of public interest information, it is disclosed
to a proper authority for the purposes of section 5(3).
".
16. Salaries and Allowances Act 1975 amended
(1) The amendments in this clause are to the Salaries and Allowances
15 Act 1975*.
[* Reprinted as at 8 September 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 335.]
(2) Section 7(1) is amended by inserting after "magistrates" --
20 "
and the Commissioner appointed under the Corruption
and Crime Commission Act 2003, the Parliamentary
Inspector of the Corruption and Crime Commission
appointed under the Corruption and Crime
25 Commission Act 2003
".
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Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
17. Spent Convictions Act 1988 amended
(1) The amendments in this clause are to the Spent Convictions
Act 1988*.
[* Reprinted as at 1 September 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 348-9.]
(2) The Table to Schedule 3 item 1 is amended by inserting after
item 10A the following item --
"
10B. A person -- Section 18 and
(a) appointed as or being considered Division 4
for appointment as the
Commissioner under the
Corruption and Crime
Commission Act 2003;
(b) appointed as or being considered
for appointment as the
Parliamentary Inspector of the
Corruption and Crime
Commission under the
Corruption and Crime
Commission Act 2003;
(c) appointed as or being considered
for appointment as an officer of
the Corruption and Crime
Commission under section 179 of
the Corruption and Crime
Commission Act 2003;
(d) seconded or otherwise engaged,
or being considered for
secondment or engagement, as an
officer of the Corruption and
Crime Commission under
section 181 of the Corruption and
Crime Commission Act 2003;
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Corruption and Crime Commission Act 2003
(e) engaged or being considered for
engagement as an officer of the
Corruption and Crime
Commission under section 182 of
the Corruption and Crime
Commission Act 2003;
(f) appointed as or being considered
for appointment as an employee
of the Parliamentary Inspector of
the Corruption and Crime
Commission under section 210 of
the Corruption and Crime
Commission Act 2003;
(g) seconded or otherwise engaged,
or being considered for
secondment or engagement, as an
officer of the Parliamentary
Inspector of the Corruption and
Crime Commission under
section 212 of the Corruption and
Crime Commission Act 2003;
(h) engaged or being considered for
engagement as an officer of the
Parliamentary Inspector of the
Corruption and Crime
Commission under section 213 of
the Corruption and Crime
Commission Act 2003.
".
18. Surveillance Devices Act 1998 amended
(1) The amendments in this clause are to the Surveillance Devices
Act 1998*.
5 [* Act No. 56 of 1998.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 371 and Act No. 10 of 2002.]
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Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
(2) Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions the
following definitions --
"
5 "Corruption and Crime Commission" has the
meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
"officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
10 Commission" in section 3 of the Corruption and
Crime Commission Act 2003;
";
(b) in the definition of "authorized person" by inserting after
paragraph (a) the following paragraph --
15 "
(aa) in the case of the Corruption and Crime
Commission, an officer of the Corruption
and Crime Commission authorized for that
purpose by the Commission;
20 ";
(c) in the definition of "emergency authorization" by inserting
after "of the State," --
"
an officer of the Corruption and Crime
25 Commission,
";
(d) in the definition of "law enforcement officer" by inserting
after paragraph (a) the following paragraph --
"
30 (aa) an officer of the Corruption and Crime
Commission;
".
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(3) Section 4B(2) is amended as follows:
(a) in paragraph (a) by deleting "Anti-Corruption Commission"
and inserting instead --
" Corruption and Crime Commission ";
5 (b) in paragraph (b) by deleting "an Anti-Corruption Commission
officer, other than in the definitions in section 3(1) of
"Anti-Corruption Commission Officer" " and inserting
instead --
"
10 an officer of the Corruption and Crime
Commission, other than in the definitions in
section 3(1) of "officer of the Corruption and
Crime Commission"
";
15 (c) in the Table by deleting "Anti-Corruption Commission" and
inserting instead --
" Corruption and Crime Commission ".
(4) Section 4B(8) is amended by deleting "chairman of the
Anti-Corruption Commission" and inserting instead --
20 " Corruption and Crime Commission ".
(5) Section 9(2)(a)(iii) is amended by inserting after "Police," --
" the Corruption and Crime Commission, ".
(6) Section 11 is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
25 (7) After section 15(1)(a) the following paragraph is inserted --
"
(aa) an officer of the Corruption and Crime
Commission; or
".
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Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
(8) After section 15(3)(a) the following paragraph is inserted --
"
(aa) in the case of an application by an officer of the
Corruption and Crime Commission, is required
5 to attach an authorisation of the Corruption and
Crime Commission for the action proposed;
".
(9) Section 15(3)(f)(i) is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
10 (10) Section 16(4) is amended by inserting after "State," --
" an officer of the Corruption and Crime Commission, ".
(11) Section 17(2)(d)(ii) is amended by inserting after "State," --
" officer of the Corruption and Crime Commission, ".
(12) After section 18 the following section is inserted --
15 "
18A. Enhanced powers concerning surveillance devices
(1) In this section --
"section 5 offence" has the meaning given by section 5
of the Corruption and Crime Commission
20 Act 2003.
(2) This section has effect if --
(a) a police officer applies under section 15 or 16
for a warrant and the offence concerned is a
section 5 offence; or
25 (b) an officer of the Corruption and Crime
Commission applies under section 15 or 16 for
a warrant.
(3) The effects of this section are that --
(a) instead of the court having to be satisfied that
30 there are reasonable grounds for believing
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
anything described in section 13(1)(a) or
17(1)(a), it is sufficient that the court be
satisfied that there are reasonable grounds for
suspecting it;
5 (b) in the case of an application referred to in
subsection (2)(a) the court to which the
application is made is to regard the fact that the
offence concerned is a section 5 offence as
justifying investigative powers in addition to
10 those that it might otherwise regard as being in
the public interest;
(c) in the case of an application referred to in
subsection (2)(b), the court to which the
application is made is to regard the fact that the
15 application is made by the Corruption and
Crime Commission or an officer of the
Corruption and Crime Commission as
justifying investigative powers in addition to
those that it might otherwise regard as being in
20 the public interest; and
(d) anything that the warrant may authorise to be
done if there is a reasonable belief as to any
matter may be authorised by the warrant to be
done also if there is a reasonable suspicion as to
25 the matter.
".
(13) Section 20 is amended as follows:
(a) by inserting after "State," --
"
30 an officer of the Corruption and Crime Commission,
";
(b) by inserting after "member of the police force," --
"
the officer of the Corruption and Crime Commission,
35 ".
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Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
(14) After section 21(1)(c)(i) the following subparagraph is inserted --
"
(ia) an offence punishable by 2 or more
year's imprisonment has been or may
5 have been, is being or is about to be, or
is likely to be, committed;
".
(15) Section 23(3) is amended by inserting after "publication of any" --
"
10 matter contrary to section 151 of the Corruption and
Crime Commission Act 2003, or any
".
(16) After section 31(3)(b)(i) the following subparagraphs are inserted --
"
15 (ia) the Corruption and Crime Commission;
(ib) the Parliamentary Inspector of the
Corruption and Crime Commission;
".
(17) Section 33(3) is amended by inserting after "publication of any" --
20 "
matter contrary to section 151 of the Corruption and
Crime Commission Act 2003, or any
".
(18) Section 40(3) is amended by inserting after "State," --
25 " any officer of the Corruption and Crime Commission, ".
(19) Section 41(1), (2) and (3) are amended by inserting after "Police," in
each case --
" the Corruption and Crime Commission, ".
(20) Section 41(1)(a) is amended by inserting after "State," --
30 " an officer of the Corruption and Crime Commission, ".
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(21) Section 41(3) is amended by deleting "Anti-Corruption Commission"
and inserting instead --
" Corruption and Crime Commission ".
(22) After section 43(1) the following subsection is inserted --
5 "
(1a) The Corruption and Crime Commission must, as soon
as practicable after 30 June, but in any event not later
than 31 August, in each year, furnish to the Attorney
General a report on behalf of the Corruption and Crime
10 Commission in respect of the year ending on that
30 June, containing information relating to --
(a) applications for warrants and extensions of
warrants, including the number of such
applications and the orders made in respect of
15 such applications;
(b) applications for emergency authorisations,
including the number of such applications and
the authorisations issued in respect of such
applications; and
20 (c) such other matters relating to the use of
surveillance devices and the administration of
this Act as the Attorney General may direct.
".
(23) Section 43(4) is amended by inserting after "Police," --
25 " the Corruption and Crime Commission, ".
(24) Section 44(1)(f) is amended by inserting after "Police," --
" the Corruption and Crime Commission, ".
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Amendments to other Acts as a consequence of enactment of Schedule 4
Corruption and Crime Commission Act 2003
19. Telecommunications (Interception) Western Australia Act 1996
amended
(1) The amendments in this clause are to the Telecommunications
(Interception) Western Australia Act 1996*.
5 [* Act No. 44 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 374 and Act No. 10 of 2002.]
(2) The long title is amended by inserting after "enable" --
" the Corruption and Crime Commission, ".
10 (3) Section 3(1) is amended as follows:
(a) in the definition of "agency" by inserting after paragraph (a)
the following paragraph --
"
(aa) the Corruption and Crime Commission;
15 ";
(b) in the definition of "certifying officer" by inserting before
paragraph (a) the following paragraph --
"
(aa) in relation to the Corruption and Crime
20 Commission, the Commissioner as defined
in section 3 of the Corruption and Crime
Commission Act 2003; or
";
(c) in the definition of "chief officer" by inserting before
25 paragraph (a) the following --
"
(aa) in relation to the Corruption and Crime
Commission, the Commissioner as defined
in section 3 of the Corruption and Crime
30 Commission Act 2003; or
";
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(d) after the definition of "Commonwealth Minister" by inserting
the following definition --
"
"Corruption and Crime Commission" has the
5 meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
";
(e) in the definition of "eligible authority" by inserting after
"means" --
10 " the Corruption and Crime Commission, ";
(f) in the definition of "officer" by inserting before paragraph (a)
the following --
"
(aa) in relation to the Corruption and Crime
15 Commission, an officer of the Commission
as defined in section 3 of the Corruption and
Crime Commission Act 2003; or
";
(g) in the definition of "responsible Minister" by inserting before
20 paragraph (a) the following paragraph --
"
(aa) in relation to the Corruption and Crime
Commission, the Attorney General; or
".
25 (4) Section 3A(d) is amended by inserting after "means" --
" the Corruption and Crime Commission, ".
20. Witness Protection (Western Australia) Act 1996 amended
(1) The amendments in this section are to the Witness Protection
(Western Australia) Act 1996*.
30 [* Act No. 11 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 419.]
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Corruption and Crime Commission Act 2003
(2) Section 3(1) is amended by inserting in the appropriate alphabetical
positions the following definitions --
"
"Corruption and Crime Commission" has the
5 meaning given to "Commission" in section 3 of
the Corruption and Crime Commission Act 2003;
"officer of the Corruption and Crime Commission"
has the meaning given to "officer of the
Commission" in section 3 of the Corruption and
10 Crime Commission Act 2003;
".
(3) Section 11(1)(c) is amended by inserting after "complain to" the
following --
" the Corruption and Crime Commission or ".
15 (4) After section 14(2) the following subsection is inserted --
"
(2a) The Commissioner must permit the Corruption and
Crime Commission, or an officer of the Corruption and
Crime Commission, to have access to any part of the
20 register, and to any documents kept in conjunction with
it, that are relevant to an investigation under the
Corruption and Crime Commission Act 2003.
".
(5) After section 34(2) the following subsection is inserted --
25 "
(2a) Subject to subsection (3), nothing in this Act prevents
the Corruption and Crime Commission from disclosing
information in accordance with the Corruption and
Crime Commission Act 2003.
30 ".
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Schedule 4 Amendments to other Acts as a consequence of enactment of
Corruption and Crime Commission Act 2003
(6) Section 34(3) is amended as follows:
(a) by deleting "and (2)" and inserting instead --
" , (2) and (2a) ";
(b) by deleting "or by the Parliamentary Commissioner," and
5 inserting instead --
"
the Parliamentary Commissioner, or the Corruption and
Crime Commission,
".
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Corruption and Crime Commission Bill 2003
Amendments to other Acts as a consequence of repeal of the Schedule 5
Anti-Corruption Commission Act 1988
Schedule 5 -- Amendments to other Acts as a consequence
of repeal of the Anti-Corruption Commission Act 1988
[s. 259, 261]
Division 1 -- Parliamentary Commissioner Act 1971 amended
5 1. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
[* Reprinted as at 16 March 2001.]
2. Section 4 amended
10 Section 4 is amended by deleting the definition of "Anti-Corruption
Commission".
3. Section 22A amended
Section 22A(1) is amended by deleting "the Anti-Corruption
Commission".
15 4. Section 22B amended
Section 22B is amended as follows:
(a) by deleting paragraph (a);
(b) in paragraph (b) by deleting "the Anti-Corruption
Commission".
20 5. Schedule 1 amended
Schedule 1 is amended by deleting the item relating to the
Anti-Corruption Commission.
page 195
Corruption and Crime Commission Bill 2003
Schedule 5 Amendments to other Acts as a consequence of repeal of the
Anti-Corruption Commission Act 1988
Division 2 -- Amendments to other Acts
6. Court Security and Custodial Services Act 1999 amended
(1) The amendments in this clause are to the Court Security and
Custodial Services Act 1999*.
5 [* Reprinted as at 13 July 2001.]
(2) Section 38(l) is amended by deleting "the Anti-Corruption
Commission Act 1988,".
7. The Criminal Code amended
(1) The amendments in this clause are to The Criminal Code*.
10 [* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code Act
Compilation Act 1913).]
(2) Section 570(1) is amended as follows:
(a) by deleting the definition of "Anti-Corruption Commission
15 official";
(b) in the definition of "interview" --
(i) by deleting the "or" after paragraph (a); and
(ii) by deleting paragraph (b).
(3) Section 570B(1) is amended in the definition of "authorised person"
20 by deleting paragraph (da).
(4) Section 570B(3a)(b) is deleted.
(5) Section 570B(4) is amended by deleting "or an Anti-Corruption
Commission official acting in the course of duty,".
(6) Section 570B(5) is amended by deleting "(da)".
25 (7) Section 570D(1) is amended in the definition of "admission" by
deleting "or an Anti-Corruption Commission official".
(8) Section 570GA(1), (2) and (3) are each amended by deleting "the
Anti-Corruption Commission or".
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Amendments to other Acts as a consequence of repeal of the Schedule 5
Anti-Corruption Commission Act 1988
(9) Section 570GA(4) is amended in the definition of "interview" by
deleting "or an Anti-Corruption Commission official".
(10) Section 570H(2)(ba) is deleted.
8. Financial Administration and Audit Act 1985 amended
5 (1) The amendment in this clause is to the Financial Administration and
Audit Act 1985*.
[* Reprinted as at 16 September 2002 .
For subsequent amendments see Acts Nos. 30 and 38 of 2002.]
(2) Schedule 1 is amended by deleting the item relating to the
10 Anti-Corruption Commission.
9. Freedom of Information Act 1992 amended
(1) The amendment in this clause is to the Freedom of Information
Act 1992*.
[* Reprinted as at 3 March 2000.
15 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
(2) Schedule 2 is amended by deleting the item relating to the
Anti-Corruption Commission.
10. Juries Act 1957 amended
20 (1) The amendments in this clause are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.]
(2) Section 56B(2)(c) is deleted.
(3) Section 56C(2)(c) is deleted.
11. Prisons Act 1981 amended
25 (1) The amendments in this clause are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.
For subsequent amendments see Act No. 10 of 2002.]
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Corruption and Crime Commission Bill 2003
Schedule 5 Amendments to other Acts as a consequence of repeal of the
Anti-Corruption Commission Act 1988
(2) Section 15C(1) is amended by deleting "the Anti-Corruption
Commission Act 1988,".
(3) Section 109I(5)(b) and the "or" following is deleted.
(4) Section 109O(1) is amended by deleting "the Anti-Corruption
5 Commission,".
(5) Section 109P(a) is deleted.
(6) Section 109P(b) is amended by deleting ", the Anti-Corruption
Commission".
12. Public Interest Disclosure Act 2003 amended
10 (1) The amendments in this clause are to the Public Interest Disclosure
Act 2003*.
[* Act No. 29 of 2003.]
(2) Section 3(1) is amended by deleting the definition of
"Anti-Corruption Commission".
15 (3) Section 5(3)(a) is amended by deleting "or to the Anti-Corruption
Commission".
(4) Section 11(2) is repealed.
(5) Section 12(1) is amended by deleting "Anti-Corruption Commission,
the" in both places where it occurs.
20 (6) Section 12(2)(a) and the "or" following are deleted.
(7) Section 16(1)(d) and (e) are deleted.
(8) Section 16(3)(e) and (f) are deleted.
13. Salaries and Allowances Act 1975 amended
(1) The amendment in this clause is to the Salaries and Allowances
25 Act 1975*.
[* Reprinted as at 8 September 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 335.]
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Amendments to other Acts as a consequence of repeal of the Schedule 5
Anti-Corruption Commission Act 1988
(2) Section 7(1) is amended by deleting "and members of the
Anti-Corruption Commission established under the Anti-Corruption
Commission Act 1988".
14. Spent Convictions Act 1988 amended
5 (1) The amendment in this clause is to the Spent Convictions Act 1988*.
[* Reprinted as at 1 September 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 348-9.]
(2) The Table to Schedule 3 is amended by deleting item 11.
10 15. Surveillance Devices Act 1998 amended
(1) The amendments in this clause are to the Surveillance Devices
Act 1998*.
[* Act No. 56 of 1998.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 371 and Act No. 10 of 2002.]
(2) Section 3(1) is amended as follows:
(a) by deleting the definitions of "Anti-Corruption Commission"
and "Anti-Corruption Commission officer";
(b) by deleting paragraph (b) of the definition of "authorized
20 person";
(c) in the definition of "emergency authorization" by deleting
", an Anti-Corruption Commission officer";
(d) by deleting paragraph (b) of the definition of "law
enforcement officer".
25 (3) Section 9(2)(a)(iii) is amended by deleting ", the chairman or any
2 members of the Anti-Corruption Commission".
(4) Section 11 is amended by deleting ", an Anti-Corruption Commission
officer".
(5) Section 15(1)(b) is deleted.
30 (6) Section 15(3)(b) is deleted.
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Schedule 5 Amendments to other Acts as a consequence of repeal of the
Anti-Corruption Commission Act 1988
(7) Section 15(3)(f)(i) is amended by deleting ", Anti-Corruption
Commission officer".
(8) Section 16(4) is amended by deleting ", an Anti-Corruption
Commission officer".
5 (9) Section 17(2)(d)(ii) is amended by deleting ", the Anti-Corruption
Commission officer".
(10) Section 20 is amended as follows:
(a) by deleting ", an Anti-Corruption Commission officer";
(b) by deleting ", the Anti-Corruption Commission officer".
10 (11) Section 21(1)(c)(i) is deleted.
(12) Section 23(3) is amended by deleting ", or any information or
allegation contrary to section 54 of the Anti-Corruption Commission
Act 1988".
(13) Section 31(3)(b)(ii) is deleted.
15 (14) Section 33(3) is amended by deleting ", or any information or
allegation contrary to section 54 of the Anti-Corruption Commission
Act 1988".
(15) Section 40(3) is amended by deleting ", any Anti-Corruption
Commission officer".
20 (16) Section 41(1), (2) and (3) are amended by deleting ", the
Anti-Corruption Commission" in each place it occurs.
(17) Section 41(1)(a) is amended by deleting ", an Anti-Corruption
Commission officer".
(18) Section 43(2) is repealed.
25 (19) Section 43(4) is amended by deleting ", the chairman of the
Anti-Corruption Commission".
(20) Section 44(1)(f) is amended by deleting ", the chairman of the
Anti-Corruption Commission".
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Amendments to other Acts as a consequence of repeal of the Schedule 5
Anti-Corruption Commission Act 1988
16. Telecommunications (Interception) Western Australia Act 1996
amended
(1) The amendments in this clause are to the Telecommunications
(Interception) Western Australia Act 1996*.
5 [* Act No. 44 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 374 and Act No. 10 of 2002.]
(2) The long title is amended by deleting ", the Anti-Corruption
Commission".
10 (3) Section 3(1) is amended as follows:
(a) in the definition of "agency" by deleting paragraph (ba);
(b) by deleting the definition of "Anti-Corruption Commission";
(c) in the definition of "certifying officer" by deleting
paragraph (a) and the "or" following;
15 (d) in the definition of "chief officer" by deleting paragraph (a)
and the "or" following;
(e) in the definition of "eligible authority" by deleting ", the
Anti-Corruption Commission";
(f) in the definition of "officer" by deleting paragraph (a) and the
20 "or" following;
(g) in the definition of "responsible Minister" by deleting
paragraph (a) and the "or" following.
(4) Section 3A(d) is amended by deleting "the Anti-Corruption
Commission,".
page 201
Corruption and Crime Commission Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
A-CC ............................................................................................................... 3
A-CC Act..................................................................................................... 240
A-CC officer ............................................................................................252(1)
allegation .............................................................................................3, 220(1)
ancillary activity.......................................................................................132(1)
appropriate authority ........................................................................................ 3
appropriate entry ......................................................................................105(6)
assumed identity approval ........................................................................103(1)
authorised officer .....................................................................................184(1)
authorised operation ..................................................................................... 119
authorised person .........................................................................101(1), 161(1)
authority................................................................................................. 63, 119
cancel.......................................................................................................108(3)
chief officer.................................................................................................. 102
civilian participant........................................................................................ 119
commencement ................................................................................ 240, 255(1)
commencement day..................................................................................262(1)
Commission ..................................................................................................... 3
Commission lawyer..................................................................................152(1)
Commissioner .................................................................................................. 3
Commissioner of Police.................................................................................... 3
contractor......................................................................................................... 3
controlled activity................................................................................... 63, 119
controlled operation................................................................................ 63, 119
conveyance ................................................................................................53(6)
Corruption and Crime
Commission .................. Sch. 4, cl. 3, 4, cl. 17(2), 4, cl. 18(3), 4, cl. 19(2)
court ............................................114(1), 134(1), 152(1), 153(1), 208(1), 209(1)
criminal activity ............................................................................................. 63
Director of Public Prosecutions......................................................................... 3
disciplinary action ............................................................................................ 3
disciplinary offence .......................................................................................... 3
disclose ............................................................................................................ 3
examination ..................................................................................................... 3
exceptional powers......................................................................................... 45
exceptional powers finding...................................................................45, 46(2)
FAA Act ..................................................................................................253(1)
final period...............................................................................................253(1)
formal authority................................................................................ 119, 121(2)
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Corruption and Crime Commission Bill 2003
Defined Terms
formal variation of an authority.................................................................124(3)
fortification ................................................................................................67(1)
heavily fortified..........................................................................................67(1)
holder of a judicial office............................................................................27(5)
independent agency .......................................................................................... 3
inquiry ............................................................................................................. 3
integrity testing programme.............................................................. 119, 123(1)
interested person ........................................................................................67(1)
investigation............................................................................................... 3, 45
issuing agency.............................................................................................. 102
juvenile ......................................................................................................81(2)
legal experience..........................................................................................10(1)
legal practitioner .............................................................................................. 3
medical practitioner....................................................................................54(1)
misconduct....................................................................................................... 3
misconduct function ...................................................................................18(1)
misconduct matter ......................................................................................41(1)
notation....................................................................................................167(1)
notice or summons ...................................................................................167(1)
notifying authority............................................................................................ 3
officer .......................................................................................................... 102
officer of the Commission ................................................................................ 3
officer of the Corruption and Crime
Commission ...............................Sch. 4, cl. 10(2), 4, cl. 17(2), 4, cl. 19(2)
officer of the Corruption and Crime Commissioner ...........................Sch. 4, cl. 3
officer of the Parliamentary Inspector ............................................................... 3
officer of the Parliamentary Inspector of the
Corruption and Crime Commission ........................................Sch. 4, cl. 3
officer participant ......................................................................................... 119
officers.....................................................................................................196(1)
official .....................................................................................................219(1)
official information ......................................................................152(1), 208(1)
official matter.................................................................................99(1), 167(1)
organised crime................................................................................................ 3
organised crime examination ............................................................................ 3
organised crime summons ................................................................................ 3
owner.........................................................................................................67(1)
Parliamentary Commissioner ............................................................................ 3
Parliamentary Inspector ..........................................................3, Sch. 4, cl. 10(2)
Parliamentary Inspector of the Crime and
Corruption Commission .........................................................Sch. 4, cl. 3
participant .................................................................................................... 119
perform ............................................................................................................ 3
police officer .................................................................................................... 3
Police Royal Commission................................................................................. 3
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Corruption and Crime Commission Bill 2003
Defined Terms
prevention and education function ..............................................................17(1)
principal officer of a notifying authority............................................................ 3
produce ................................................................152(1), 153(1), 208(1), 209(1)
public authority ................................................................................................ 3
public officer.................................................................................................... 3
public service officer ........................................................................................ 3
reasonable excuse......................................................................................... 157
received matter................................................................................................. 3
record.....................................................................................................3, 19(1)
register......................................................................................................... 102
registered nurse ..........................................................................................54(1)
Registrar ...................................................................................................... 102
related controlled activity .........................................................................132(1)
relevant material.......................................................................................101(1)
relevant person .............................................................................152(1), 208(1)
repealed Act ................................................................................................. 229
reporting officer .......................................................................................253(1)
restricted .....................................................................................151(1), 167(1)
reviewable police action ................................................................................... 3
Schedule 1 offence ........................................................................................... 3
section 5 offence ..................................................................3, Sch. 4, cl. 17(12)
specified...................................................................................................262(1)
Standing Committee ......................................................................................... 3
State Records Commission ............................................................................... 3
subcontractor.................................................................................................... 3
submission .................................................................................................67(1)
submission period.......................................................................................69(2)
the submission period .................................................................................67(1)
transitional matter.....................................................................................262(1)
urgent authority................................................................................ 119, 121(2)
urgent variation of an authority.................................................................124(3)
warrant.....................................................................................................101(1)
witness............................................................................................................. 3
page 204
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