ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 3
This legislation has been repealed.
ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 3
3 . Interpretation
(1) In this Act,
unless the contrary intention appears —
“allegation” means an allegation
received or initiated by the Commission under this Act before the coming into
operation of section 48 of the Corruption and Crime Commission Amendment and
Repeal Act 2003 ;
“applied provisions” means sections 7,
9 to 17, 18(2) to (11), 19(1), 19A to 22, 24 to 30, 31(2) and (3) and 32 to 34
of the Royal Commissions Act 1968 ;
“appropriate authority” means a
person, body or organization who or which is empowered by a law of the State
to take investigatory or other action, or both, in relation to corrupt
conduct, criminal conduct, criminal involvement or serious improper conduct,
but does not include an independent agency;
“Commission” means the Anti-Corruption
Commission established under section 5;
"contractor" means a contractor as defined in the
Court Security and Custodial Services Act 1999 or the Prisons Act 1981 , as
is relevant to the case;
“Deputy Director of Public
Prosecutions” means a person for the time being holding or acting in the
office of Deputy Director of Public Prosecutions under the
Director of Public Prosecutions Act 1991 ;
“Deputy Parliamentary Commissioner”
means a person for the time being holding the office of Deputy Parliamentary
Commissioner for Administrative Investigations under the
Parliamentary Commissioner Act 1971 ;
“Director of Public Prosecutions”
means a person for the time being holding or acting in the office of Director
of Public Prosecutions under the Director of Public Prosecutions Act 1991 ;
“further action” has the meaning given
by section 17(1);
“independent agency” means the
Parliamentary Commissioner, the Director of Public Prosecutions, the Auditor
General, the Inspector of Custodial Services or the Commissioner for Public
Sector Standards;
“Inspector of Custodial Services”
means the Inspector of Custodial Services under the
Inspector of Custodial Services Act 2003 ;
“member” means a member of the
Commission;
“member of the staff of the Director of
Public Prosecutions” means a member of the staff referred to in
section 30 of the Director of Public Prosecutions Act 1991 ;
“officer of the Commission” means an
officer or other employee appointed under section 6(1);
“officer of the Parliamentary
Commissioner” has the meaning given to “officer of the
Commissioner” by the Parliamentary Commissioner Act 1971 ;
“Parliamentary Commissioner” means a
person for the time being holding or acting in the office of the Parliamentary
Commissioner for Administrative Investigations under the
Parliamentary Commissioner Act 1971 ;
“preliminary inquiry” means a
preliminary inquiry referred to in section 17(4)(a) or 20(5)(a);
“public authority” means —
(a) a
body mentioned in Part 3 of Schedule V to the Constitution Acts Amendment Act
1899 ;
(b) an
authority, board, corporation, commission, council, committee, local
government, regional local government or similar body established under a
written law;
(c) a
body that is the governing authority of a body referred to in paragraph (a) or
(b); or
(d) a
contractor or subcontractor;
“public officer” has the same meaning
as in The Criminal Code ;
“public service officer” has the same
meaning as it has in the Public Sector Management Act 1994 ;
“scheduled offence” means an offence
specified in the Schedule;
“seconded officer” means a person of
whose services the Commission makes use under an arrangement referred to in
section 7(1);
“serious improper conduct” means
conduct referred to in section 13(1)(c);
“service provider” means a person
engaged under section 10 to provide services to the Commission;
“special investigator” means a special
investigator appointed under section 8;
“standing committee” means —
(a) a
standing committee of either House of Parliament; or
(b) a
joint standing committee of both Houses of Parliament,
appointed to monitor
or review the performance of the functions of the Commission;
"subcontractor" means a subcontractor as defined
in the Court Security and Custodial Services Act 1999 or the Prisons Act 1981
, as is relevant to the case;
“the Fund” means the Anti-Corruption
Commission Fund referred to in section 35(2).
(2) A reference in
this Act to the carrying out of further action by the Commission includes a
reference to the carrying out of further action by a special investigator.
(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 46 of the Corruption and Crime Commission
Amendment and Repeal Act 2003 as if section 13 of this Act were not repealed.
[Section 3 amended by No. 14 of 1994 s. 5; No. 29
of 1996 s. 6 and 25; No. 43 of 1999 s. 20; No. 47 of 1999 s. 4; No. 75 of 2003
s. 56(1); No. 78 of 2003 s. 46.]