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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - As at 9 October 2024 - Act 35 of 1988

- As at 9 October 2024 - Act 35 of 1988

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 2A Principal objects of Act
  • 3 Definitions

PART 2 - CONSTITUTION AND MANAGEMENT OF COMMISSION

PART 3 - CORRUPT CONDUCT

PART 4 - FUNCTIONS OF COMMISSION

Division 1 - Functions generally

Division 2 - Investigations

  • 20 Investigations generally
  • 20A Preliminary investigations
  • 21 Power to obtain information
  • 22 Power to obtain documents etc
  • 23 Power to enter public premises
  • 24 Privilege as regards information, documents etc
  • 25 Privilege as regards entry on public premises
  • 26 Self-incrimination
  • 27 Injunctions
  • 28 Provisions relating to injunctions
  • 29 Powers exercisable whether or not compulsory examination or public inquiry being held

Division 3 - Compulsory examinations and public inquiries

  • 30 Compulsory examinations
  • 31 Public inquiries
  • 31A Directions as to presence of persons at compulsory examinations and public inquiries
  • 31B Procedural guidelines relating to public inquiries
  • 32 Right of appearance of affected person
  • 33 Legal representation
  • 33A Groups and unincorporated associations
  • 34 Examination and cross-examination
  • 35 Power to summon witnesses and take evidence
  • 36 Arrest of witness
  • 36A Conditional release of witness
  • 36B Review by Supreme Court
  • 37 Privilege as regards answers, documents etc
  • 38 Declaration as to objections by witness
  • 39 Attendance of prisoner before Commission

Division 4 - Search warrants

  • 40 Issue of search warrant
  • 41 Authority conferred by warrant
  • 42 Duty to show warrant
  • 43 Use of force
  • 44 Use of assistants to execute warrant
  • 45 Execution of warrant by day or night
  • 46 Expiry of warrant
  • 47 Seizure pursuant to warrant--special provisions
  • 48 Search warrants

Division 4A - Disposal of property

  • 48A Application to property
  • 48B Disposal of property on application to court
  • 48C Application to Treasurer for recovery of money or proceeds of sale
  • 48D Courts having jurisdiction under this Division

Division 5 - Miscellaneous

  • 49 Indemnities and undertakings
    • 50. (Repealed)
  • 51 Reimbursement of expenses of witnesses
  • 52 Legal and financial assistance for witness
  • 52A Investigative powers exercisable after completion of Commission's investigations for purposes of prosecutions

PART 5 - REFERRAL OF MATTERS BY COMMISSION

  • 53 Referral of matter
  • 54 Report to Commission
  • 55 Further action by Commission
  • 56 Responsibility of relevant authority
  • 57 Revocation of referral, recommendation etc

PART 5A - INSPECTOR OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

PART 6 - (Repealed)

None

PART 7 - PARLIAMENTARY JOINT COMMITTEE

PART 7A - PARLIAMENTARY ETHICAL STANDARDS

Division 1 - Legislative Council

  • 72A Definition
  • 72B Designation of committee
  • 72C Functions of committee

Division 2 - Legislative Assembly

  • 72D Definition
  • 72DA Designation of committee
  • 72E Functions of committee
    • 72F-72K. (Repealed)

PART 8 - REFERENCES BY AND REPORTS TO PARLIAMENT

Division 1 - References to Commission by, and reports by Commission to, Parliament

  • 73 References by Parliament
  • 74 Reports on referred matters etc
  • 74A Content of reports to Parliament
  • 74B Report not to include findings etc of guilt or recommending prosecution
  • 74BA Report may only include findings etc of serious corrupt conduct
  • 74C Reports relating to local government and planning authorities
  • 74D Reports relating to Aboriginal Land Councils
  • 74E Publication of information about time within which investigations and reports on referred matters to be completed
  • 75 Special reports
  • 76 Annual reports
  • 77 Reports relating to authorities

Division 2 - Reports by Inspector

Division 3 - General

  • 78 Provisions relating to reports
  • 79 References to Presiding Officers
  • 79A Right of response to reports of Commission or Inspector containing adverse findings

PART 8A - PROTECTIONS FOR PERSONS ASSISTING COMMISSION OR INSPECTOR

Division 1 - Preliminary

  • 79B Objects of Part
  • 79C Interpretation
  • 79D Meaning of "protected action" and "limited protected action"
  • 79E Meaning of "protected obligation"
  • 79F Reasonable management action not prevented
  • 79G Other provisions not affected

Division 2 - Protections

  • 79H Limitation on protections for limited protected action
  • 79I Detrimental action offence
  • 79J Detrimental action--recovery of damages
  • 79K Employer liability for detrimental action by employee
  • 79L Injunctions relating to detrimental action
  • 79M Immunity from costs orders
  • 79N Detrimental action--relationship between criminal and civil proceedings
  • 79O Protections from liability
  • 79P Undertakings
  • 79Q Identifying information not to be disclosed

Division 3 - Additional provisions

  • 79R Referrals of evidence
  • 79S Arrangements for protection
  • 79T Additional protections for witnesses

PART 9 - CERTAIN OFFENCES

  • 80 Obstruction of Commission, Inspector and others
  • 81 Complaints about possible corrupt conduct
  • 82 Offences relating to obtaining information
  • 83 Offences relating to obtaining documents etc
  • 84 Obstruction of person executing search warrant
  • 85 Compulsory examinations and public inquiries
  • 86 Failure to attend etc
  • 87 False and misleading evidence
  • 88 Offences relating to documents or other things
  • 89 Procuring false testimony by witness
  • 90 Bribery of witness
  • 91 Fraud on witness
  • 92 Preventing witness from attending
    • 93, 94. (Repealed)
  • 95 Impersonation of officer of Commission
  • 96 Bribery of officer of Commission

PART 10 - CONTEMPT OF COMMISSION

  • 97 Definition
  • 98 Contempt in the face or hearing of the Commission
  • 99 Punishment of contempt
  • 100 General provisions regarding contempt
  • 100A Conditional release of offender
  • 100B Review by Supreme Court
  • 101 Act or omission that is both an offence and contempt

PART 10A - SPECIAL POWERS

  • 101A Definitions
  • 101B Commission investigator who is seconded police officer to have all powers of NSW police officer

PART 11 - MISCELLANEOUS

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