AUSTRALIAN FEDERAL INTEGRITY COMMISSION BILL 2021

No. , 2021

Australian Federal Integrity Commission Bill 2021

Contents

Part 1--Preliminary

Short title

Commencement

Simplified outline of this Act

Objects of Act

Saving of powers, privileges and immunities

Act binds the Crown

Application of Act

Definitions

Meaning of

corrupt conduct

Meaning of

corruption issue

Part 2--The Australian Federal Integrity Commission

Division 1--Establishment

Establishment

Division 2--Functions and powers of the Federal Integrity

Commissioner and Commissioners

Definition of

federal integrity commissioner functions

Definition of

law enforcement integrity commissioner functions

Definition of

whistleblower protection commissioner functions

Functions and powers of the Federal Integrity Commissioner

Functions and powers of the Law Enforcement Integrity

Commissioner

Functions and powers of the Whistleblower Protection

Commissioner

Functions and powers of the Assistant Federal Integrity

Commissioner for Research and Public Interest

Functions and powers of the Assistant Federal Integrity

Commissioner for Assessment, Investigations and Inquiries

Functions and powers of the Assistant Federal Integrity

Commissioner for Education, Training and Prevention

Part 3--Corruption prevention, research and coordination

Division 1--Promoting integrity in public administration and

Australia

Role of the Federal Integrity Commissioner

Role of AFIC

Division 2--Commonwealth integrity and anti-corruption plans

Australian Federal Integrity Commission Bill 2021

No. , 2021

Preparation of integrity and anti-corruption plans

Audit Committee to monitor plans

Federal Integrity Commissioner to receive plans on request

Consideration of adequacy of plans

Division 3--Corruption prevention inquiries

Federal Integrity Commissioner may conduct inquiries

Scope and powers of inquiries

Reports of inquiries

Division 4--Education, training and advice

Agency heads to provide training

Role of Federal Integrity Commissioner

Division 5--Research and intelligence

Research functions

Research strategy--consultation and implementation

Relationship between research and operations

Division 6--Commonwealth cooperation and coordination

Principles of operation of Federal Integrity Commission

Cooperation and coordination with other Commonwealth agencies 46

Commonwealth Integrity Coordination Committee

Functions of the Commonwealth Integrity Coordination Committee

Division 7--National cooperation and coordination

Role of the Federal Integrity Commissioner

National Integrity and Anti-Corruption Plan

Preparation of plan

Examination of plan

National Integrity and Anti-Corruption Advisory Committee

Functions of the advisory committee

Part 4--Dealing with corruption issues

Division 1--Referring corruption issues to Federal Integrity

Commissioner

Referral of corruption issues

Referral under section 45 by person in custody

Public officials must refer corruption issues

Federal Integrity Commissioner may enter into agreements etc. with

head of Commonwealth agency

Division 2--How Federal Integrity Commissioner deals with

corruption issues

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iii

Subdivision A--General

How Federal Integrity Commissioner may deal with corruption

issues

Criteria for deciding how to deal with a corruption issue

Dealing with multiple corruption issues

Subdivision B--Federal Integrity Commissioner dealing with referred

corruption issues

Federal Integrity Commissioner must make a decision

Advising person who refers corruption issue of decision about how

to deal with corruption issue

Advising person to whom referred corruption issue relates of

decision about how to deal with corruption issue

Subdivision C--Federal Integrity Commissioner dealing with corruption

issues on own initiative

Federal Integrity Commissioner may deal with corruption issues on

own initiative

Advising head of Commonwealth agency of decision to deal with

corruption issue on own initiative

Advising person of decision to deal with corruption issue on own

initiative

Subdivision D--Reconsidering how to deal with a corruption issue

Reconsidering how to deal with a corruption issue

Division 3--Information sharing when decision made on how to deal

with corruption issue

If Commonwealth agency to conduct, or continue conducting,

investigation of corruption issue

If Commonwealth agency has already commenced investigating

corruption issue

Part 5--Investigations and public inquiries by the Federal Integrity

Commissioner

Division 1--Investigations

Application of Division

Federal Integrity Commissioner to determine manner of conducting

investigation

Information sharing for joint investigation

Opportunity to be heard

Division 2--Reporting in relation to investigations

Subdivision A--Reporting during investigation

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Federal Integrity Commissioner may keep person who referred

corruption issue informed of progress of investigation

Subdivision B--Reporting at the end of investigation

Report on investigation

Federal Integrity Commissioner to give report to Minister

Advising person who referred corruption issue of outcome of the

investigation

Advising person whose conduct is investigated of outcome of the

investigation

Standalone reports for critical views or reputational risks

Division 3--Conducting a public inquiry

Federal Integrity Commissioner may conduct public inquiry

Publicising inquiry

Division 4--Reporting in relation to public inquiries

Report on public inquiry

Giving report to Minister

Standalone reports for critical views or reputational risks

Part 6--Federal Integrity Commissioner's powers in conducting

investigations and public inquiries

Division 1--Requiring people to give information or produce

documents or things

Subdivision A--Requirement by Federal Integrity Commissioner

Notice to give information or to produce document or thing

Compliance with notice

Federal Integrity Commissioner may retain documents and things 86

Subdivision B--Prohibitions against disclosing information about notices

Disclosure of notice may be prohibited

Offences of disclosure

Subdivision C--Offence and related provisions

Failure to comply with notice

Legal practitioner not required to disclose privileged

communications

Self-incrimination etc.

Protection of person required to give information or produce

documents or things

Division 2--Conducting hearings

Subdivision A--General provisions

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Australian Federal Integrity Commission Bill 2021

Federal Integrity Commissioner may hold hearings

Federal Integrity Commissioner may summon person

Federal Integrity Commissioner may take evidence outside Australia

100

Subdivision B--Procedure at hearing

100

Who may be represented at a hearing

100

Who may be present at a hearing

100

Subdivision C--Taking evidence at hearing

102

Evidence on oath or by affirmation

102

Examination and cross-examination of witnesses

102

Person may request that particular evidence be given in private 103

Directions in relation to confidentiality

104

Subdivision D--Prohibitions against disclosing information about a

summons

106

Disclosure of summons may be prohibited

106

Offences of disclosure

108

Subdivision E--Offences in relation to hearings

111

Offences

111

Contempt of AFIC

112

Federal Court or Supreme Court to deal with contempt

114

Conduct of contempt proceedings

115

100

Federal Integrity Commissioner may withdraw contempt application

115

101

Double jeopardy

115

102

Legal professional privilege--answer to question

116

103

Legal professional privilege--documents or things

116

104

Offences relating to claims for legal professional privilege

117

105

Self-incrimination etc.

118

Subdivision F--Court orders for delivery of witness's passport and

witness's arrest

120

106

Federal Integrity Commissioner may apply for order that witness

deliver passport

120

107

Court orders

121

108

Applying for a warrant to arrest witness

123

109

Warrant for arrest

124

110

Powers of Judge in relation to person arrested

125

Subdivision G--Miscellaneous

126

111

Federal Integrity Commissioner may retain documents or things 126

112

Person may apply for legal and financial assistance

127

113

Protection of Federal Integrity Commissioner etc.

128

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114

Protection of witnesses etc.

128

Division 3--Search warrants

130

Subdivision A--Preliminary

130

115

Application to things under the control of a person

130

Subdivision B--Applying for a search warrant

130

116

Authorised officer may apply for a search warrant

130

Subdivision C--Issue of a search warrant

132

117

When search warrants may be issued

132

118

Content of warrants

134

119

Application by telephone etc. and issue of warrant

137

120

The things authorised by a search warrant in relation to premises 139

121

The things authorised by a search warrant in relation to a person 140

122

Restrictions on personal searches

141

123

When warrant may be executed etc.

142

Subdivision D--General provisions about executing a search warrant

142

124

Announcement before entry

142

125

Availability of assistance and use of force in executing a warrant 142

Subdivision E--Specific provisions about executing a warrant in relation

to premises

143

126

Application

143

127

Copy of warrant to be shown to occupier etc.

143

128

Occupier entitled to watch search

144

129

Specific powers available to person executing a warrant

144

130

Use of equipment to examine or process things

144

131

Use of electronic equipment at premises without expert assistance

146

132

Use of electronic equipment at premises with expert assistance 147

133

Person with knowledge of a computer or a computer system to assist

access etc.

148

134

Accessing data held on other premises--notification to occupier of

those premises

149

135

Compensation for damage to electronic equipment

150

136

Copies of seized things to be provided

151

137

Receipts of things seized under warrant

152

Subdivision F--Specific provisions about executing a warrant in relation

to a person

152

138

Copy of warrant to be shown to person

152

139

Conduct of an ordinary search or a frisk search

152

Subdivision G--Offences

152

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140

Making false statements in warrants

152

141

Offence for stating incorrect names in telephone warrants

153

142

Offence for unauthorised form of warrant

153

143

Offence for executing etc. an unauthorised form of warrant

153

144

Offence for giving unexecuted form of warrant

154

Subdivision H--Miscellaneous

154

145

Other laws about search, arrest etc. not affected

154

146

Law relating to legal professional privilege not affected

154

Division 4--Powers of arrest

155

147

Authorised officers may exercise powers of arrest

155

Division 5--Authorised officers

156

148

Appointment of authorised officers

156

149

Identity cards

157

Part 7--Dealing with evidence and information obtained in

investigation or public inquiry

159

150

Evidence of offence or liability to civil penalty

159

151

Evidence that could be used in confiscation proceedings

160

152

Evidence of, or information suggesting, wrongful conviction

161

Part 8--Investigations by other Commonwealth agencies

162

Division 1--Nominated contact for investigations by Commonwealth

agencies

162

153

Nominating contact for investigation

162

Division 2--Managing or overseeing investigations by Commonwealth

agencies

163

154

Managing an investigation

163

155

Overseeing an investigation

163

Division 3--Reporting

164

Subdivision A--Reporting by Commonwealth agencies during

investigations

164

156

Federal Integrity Commissioner may request individual progress

report

164

157

Federal Integrity Commissioner may request periodic progress

reports

164

Subdivision B--Reporting by Commonwealth agencies at end of

investigations

165

158

Final report on investigation

165

159

Federal Integrity Commissioner may comment on final report

166

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160

Advising person who referred corruption issue of outcome of the

investigation

168

161

Advising person whose conduct is investigated of outcome of the

investigation

169

Division 4--Federal Integrity Commissioner to pass on information

relevant to agency

170

162

Federal Integrity Commissioner to pass on information relevant to

agency investigation

170

Part 9--Whistleblower Protection

171

Division 1--Disclosures, information or requests

171

163

Receipt of disclosures, information or requests

171

164

Person making disclosure or request under section 163 may elect to

be kept informed

172

165

Public officials must refer whistleblower protection issues

173

166

Whistleblower Protection Commissioner may enter into agreements

etc. with head of Commonwealth agency

173

167

General information, advice, guidance and assistance

174

Division 2--How Whistleblower Protection Commissioner deals with

disclosures of wrongdoing and whistleblower protection

issues

177

Subdivision A--General

177

168

How Whistleblower Protection Commissioner may deal with

disclosures of wrongdoing

177

169

How Whistleblower Protection Commissioner may deal with

whistleblower protection issues

178

170

Criteria for deciding how to deal with a disclosure of wrongdoing or

whistleblower protection issue

179

171

Dealing with multiple whistleblower protection issues

180

Subdivision B--Whistleblower Protection Commissioner dealing with

referred whistleblower protection issues

181

172

Whistleblower Protection Commissioner must make a decision 181

173

Advising person who raises whistleblower protection issue of

decision about how to deal with issue

182

174

Advising person to whom referred whistleblower protection issue

relates of decision about how to deal with issue

184

Subdivision C--Whistleblower Protection Commissioner dealing with

whistleblower protection issues on own initiative

185

175

Whistleblower Protection Commissioner may deal with

whistleblower protection issues on own initiative

185

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176

Advising head of Commonwealth agency of decision to deal with

whistleblower protection issue on own initiative

186

177

Advising person of decision to deal with whistleblower protection

issue on own initiative

187

Subdivision D--Reconsidering how to deal with a whistleblower

protection issue

188

178

Reconsidering how to deal with a whistleblower protection issue 188

Division 3--Information sharing when decision made on how to deal

with whistleblower protection issue

189

179

If Commonwealth agency to conduct, or continue conducting,

investigation of whistleblower protection issue

189

180

If Commonwealth agency has already commenced investigating

whistleblower protection issue

190

Division 4--Investigations and public inquiries by the Whistleblower

Protection Commissioner

191

181

Manner and powers of investigation

191

Division 5--Investigations by other Commonwealth agencies

192

182

Dealing with, managing or overseeing investigations

192

Division 6--Remedial functions and powers

193

183

Additional recommendations

193

184

Proceedings and applications

194

185

Mediation and arbitration

195

186

Enforceable undertakings relating to contraventions of civil remedy

provisions

196

Division 7--Special Account

198

187

Whistleblower Protection Special Account

198

188

Credits to the Account

198

189

Purposes of the Account

198

Part 10--Administrative provisions relating to AFIC

200

Division 1--Federal Integrity Commissioner

200

190

Appointment of Federal Integrity Commissioner

200

191

General terms and conditions of appointment

201

192

Other paid work

201

193

Remuneration

201

194

Leave of absence

202

195

Resignation

202

196

Removal from office

202

197

Acting appointments

203

198

Disclosure of interests

204

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Division 2--Law Enforcement Integrity Commissioner

205

199

Appointment etc. of Law Enforcement Integrity Commissioner 205

Division 3--Whistleblower Protection Commissioner

206

200

Appointment of Whistleblower Protection Commissioner

206

201

General terms and conditions of appointment

207

202

Other paid work

207

203

Remuneration

207

204

Leave of absence

208

205

Resignation

208

206

Removal from office

208

207

Acting appointments

209

208

Disclosure of interests

210

Division 4--Assistant Federal Integrity Commissioners

211

209

Appointment of Assistant Federal Integrity Commissioners

211

210

General terms and conditions of appointment

212

211

Other paid work

213

212

Remuneration

213

Leave of absence

213

214

Resignation

214

215

Removal from office

214

216

Acting appointments

215

217

Disclosure of interests

215

Division 5--Chief Executive Officer

217

218

CEO

217

219

Functions of the CEO

217

220

Powers of the CEO

217

221

Commission may give directions to CEO

217

222

Appointment of CEO

218

223

Appointment of acting CEO

218

224

Remuneration of the CEO

219

225

Leave of absence of the CEO

219

226

Other paid work of the CEO

219

227

Resignation of the CEO

220

228

Termination of appointment of the CEO

220

229

Other terms and conditions of the CEO

221

Division 6--Staff, consultants and delegations

222

230

Staff

222

231

Consultants

222

232

Delegation--Federal Integrity Commissioner

223

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233

Delegation--Whistleblower Protection Commissioner

223

234

Delegation--CEO

224

Division 7--Public reporting

225

235

Annual report

225

236

Reports on investigations and public inquiries

226

237

Special reports

227

238

Contents of annual or special report

228

239

Public reporting--Whistleblower Protection Commissioner

229

Division 8--Confidentiality requirements

230

240

Confidentiality requirements for AFIC staff

230

241

Exceptions to confidentiality requirements

231

242

Disclosure by Federal Integrity Commissioner in public interest etc.

232

243

Opportunity to be heard

233

244

AFIC staff generally not compellable in court proceedings

234

245

Confidentiality requirements--Whistleblower Protection

Commissioner

235

Part 11--Parliamentary Joint Committee on the Australian Federal

Integrity Commission

236

246

Definitions

236

247

Parliamentary Joint Committee on the Australian Federal Integrity

Commission

236

248

Powers and proceedings of the committee

238

249

Duties of the committee

238

250

Committee may approve or reject recommendation for appointment

241

251

Disclosure to committee by Federal Integrity Commissioner

243

252

Parliamentary Joint Committee--Whistleblower Protection

Commissioner

244

253

Disclosure to committee by Law Enforcement Integrity

Commissioner

244

254

Disclosure to committee by Minister

246

255

Ombudsman to brief committee about controlled operations

247

Part 12--Parliamentary Inspector of the Australian Federal

Integrity Commission

248

Division 1--Establishment and functions and powers of the

Parliamentary Inspector of the Australian Federal

Integrity Commission

248

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256

Parliamentary Inspector of the Australian Federal Integrity

Commission

248

257

Functions of the Parliamentary Inspector

248

258

Matters arising from a conduct investigation

249

259

Report on conduct investigations conducted by Parliamentary

Inspector

250

260

Parliamentary Inspector cannot be required to disclose particular

information

251

Division 2--Audits, investigations, reviews and reports

252

261

Process for conducting an audit, investigation or review

252

262

Contents of reports on results of performance of functions

252

263

Parliamentary Inspector may require information etc.

252

264

Privilege against self-incrimination

252

Division 3--Administrative provisions relating to the Parliamentary

Inspector

253

265

Appointment of Parliamentary Inspector

253

266

General terms and conditions of appointment

254

267

Other paid work

254

268

Remuneration

254

269

Leave of absence

255

270

Resignation

255

271

Termination of appointment

255

272

Acting appointments

256

273

Disclosure of interests

257

274

Assistance to Parliamentary Inspector

257

Part 13--Miscellaneous

258

275

Offence of victimisation

258

276

Legal and financial assistance in relation to applications for

administrative review

258

277

Immunity from civil proceedings

259

278

Immunities from certain State and Territory laws

260

279

Miscellaneous--Whistleblower Protection Commissioner

260

280

Review relating to the Law Enforcement Integrity Commissioner

etc.

260

281

Review relating to judicial integrity

261

282

Review of operation of Act

262

283

Schedules

263

284

Regulations

263

Schedule 1--Amendments

265

No. , 2021

Australian Federal Integrity Commission Bill 2021

A Bill for an Act to establish the Australian Federal

Integrity Commission, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act is the

Australian Federal Integrity Commission

Act 2021

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

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column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

284

The day after the day on which the

Consolidated Revenue Fund is appropriated

under an Act to the Department in which this

Act is administered for payment for the

purposes of the Australian Federal Integrity

Commission.

3 Schedule 1

At the same time as the provisions covered

by table item 2.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline of this Act

This Act establishes the Australian Federal Integrity Commission

(AFIC).

AFIC consists of:

(a)

the Federal Integrity Commissioner; and

(b)

the Law Enforcement Integrity Commissioner; and

(c)

the Whistleblower Protection Commissioner; and

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(d)

the Assistant Federal Integrity Commissioner for

Research and Public Interest; and

(e)

the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries; and

(f)

the Assistant Federal Integrity Commissioner for

Education, Training and Prevention; and

(g)

any other Assistant Federal Integrity Commissioners;

and

(h)

Assistant Law Enforcement Integrity Commissioners.

The Federal Integrity Commissioner has functions relating to:

(a)

promoting and improving the integrity and

accountability of Commonwealth public administration

in a sound, evidence-based manner; and

(b)

preventing, investigating, exposing and addressing

corruption issues involving or affecting Commonwealth

public administration.

Those functions include the following:

(a)

undertaking or procuring quality research into the

incidence of corruption in Australia, its causes and

antecedents, and methods of prevention to provide a

sound evidence base for AFIC's work and decisions;

(b)

giving advice and assistance in relation to promoting

integrity and reduce the likelihood of the occurrence of

corrupt conduct;

(c)

educating and disseminate information to combat

corrupt conduct;

(d)

leading and supporting the preparation of strategies for

corruption prevention, national and international

coordination of anti-corruption efforts, and the

development and implementation of a National Integrity

and Anti-Corruption Plan;

(e)

investigating and conducting public inquiries into

corruption issues that are serious and/or systemic in

nature, and in the public interest to investigate;

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(f)

referring certain corruption issues to other agencies for

investigation, or managing, overseeing or reviewing

such investigations;

(g)

preparing reports and making recommendations about

legislative or other action relating to integrity and

corruption.

The Whistleblower Protection Commissioner has functions

including:

(a)

receiving and investigating disclosures of wrongdoing;

and

(b)

providing advice, assistance, guidance and support to

persons and agencies relating to the making of

disclosures of wrongdoing.

AFIC has a CEO who is responsible for its administration and for

assisting it to perform its functions.

This Act also provides for the appointment of the Parliamentary

Joint Committee on the Australian Federal Integrity Commission.

The Committee's duties include:

(a)

considering proposed recommendations for certain

appointments under this Act; and

(b)

monitoring the performance of certain functions under

this Act;

(c)

reporting to Parliament about matters relating to AFIC

or about evidence-based trends and changes in law

enforcement relating to corruption.

The Parliamentary Inspector of the Australian Federal Integrity

Commission is established by this Act as an independent officer of

the Parliament. The functions of the Parliamentary Inspector

include:

(a)

inspecting records of AFIC for purposes including

reviewing whether AFIC has exercised power in an

appropriate way; and

(b)

investigating complaints about the conduct or activities

of AFIC or staff of AFIC; and

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(c)

functions in relation to the protection of information by

AFIC and alleged incidences of possible unauthorised

disclosures; and

(d)

reviewing information given by AFIC to the

Parliamentary Joint Committee on the Australian

Federal Integrity Commission; and

(e)

reviewing AFIC's financial status and fiscal allocations,

and periodically evaluating whether AFIC is

appropriately resourced to fulfil its objectives as

outlined in this Act to the fullest extent possible.

4 Objects of Act

(1) The objects of this Act are:

(a) to promote and improve the integrity and accountability of

Commonwealth public administration in a sound

evidence-based manner; and

(b) to prevent, investigate, expose and address corruption issues

involving or affecting Commonwealth public administration

that are serious and either or both systemic in nature, and in

the public interest to investigate; and

which, on the basis of sound evidence, are necessary to

promote integrity and reduce the likelihood of the current and

future occurrence of corruption in Commonwealth public

administration; and

(d) to undertake and procure quality research into the incidence

of corruption in Australia, its causes and antecedents, and

methods of prevention to provide a sound evidence base for

the work of AFIC and its decisions; and

(e) to create an additional pathway for criminal offences to be

referred for prosecution, civil and disciplinary proceedings to

be brought, and other remedies to be obtained as a result of

the investigation of corruption issues; and

(f) to educate government agencies, public officials and

members of the public about corruption and its detrimental

effects on public administration and the community, and

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about actions that should be or have been taken, or are being

taken, to address corruption; and

(g) to ensure a comprehensive, efficient, evidence-based,

coordinated approach to the prevention, detection, reduction

and remediation of corruption in:

(i) Commonwealth public administration;

(ii) Australia generally; and

(iii) Australia's relations with other countries; and

(h) to assist in the cooperative implementation of Australia's

international anti-corruption responsibilities, including under

the United Nations Convention Against Corruption (2005);

and

(i) to provide information, advice, guidance and support to:

(i) persons who, in the public interest, disclose corruption

or other wrongdoing in Australia or involving

Australian institutions; and

(ii) government agencies and other bodies dealing with

disclosures of corruption or other wrongdoing; and

(j) to ensure support and protection is provided to persons who

disclose corruption or other wrongdoing under the

Public

Interest Disclosure Act 2013

or Part 9.4AAA of the

Corporations Act 2001

or related Commonwealth legislation.

(2) To assist in achieving the objects in paragraphs (1)(a) to (h), this

Act establishes the office of the Federal Integrity Commissioner.

(3) To assist in achieving the objects in paragraphs (1)(i) and (j), this

Act establishes the office of the Whistleblower Protection

Commissioner.

(4) To assist in achieving the objects in paragraphs (1)(a) to (e), this

Act establishes the office of the Assistant Federal Integrity

Commissioner for Research and Public Interest.

(5) To assist in achieving the objects in paragraphs (1)(a) to (e), this

Act establishes the office of the Assistant Federal Integrity

Commissioner for Assessment, Investigations and Inquiries.

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(6) To assist in achieving the objects in paragraphs (1)(f) to (h), this

Act establishes the Assistant Federal Integrity Commissioner for

Education, Training and Prevention.

5 Saving of powers, privileges and immunities

Except as expressly provided otherwise in this Act, this Act does

not affect the powers, privileges and immunities of each House of

the Parliament, and of the members and committees of each House.

6 Act binds the Crown

This Act binds the Crown in right of the Commonwealth.

7 Application of Act

This Act applies both within and outside Australia and extends to

every external Territory.

8 Definitions

(1) In this Act:

AFIC

: see

Australian Federal Integrity Commission

AFP

means the Australian Federal Police.

applicable code of conduct

means:

(a) in the case of a Minister:

(i) a Ministerial code of conduct imposed by the Prime

Minister on the Prime Minister's Ministers; or

(ii) a Ministerial code of conduct:

(A) prescribed by the regulations; or

(B) adopted by resolution of the House of which the

Minister is or was a member;

for the purposes of this definition; or

(b) in the case of a parliamentarian (including a Minister):

(i) a code of conduct for parliamentarians provided for in

an Act of Parliament; or

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(ii) a code of conduct for parliamentarians adopted by

resolution of the House of which the parliamentarian is

or was a member; or

the Code of Conduct within the meaning of the

Public

Service Act 1999

; or

(d) in the case of a Parliamentary Service employee (within the

meaning of the

Parliamentary Service Act 1999

)--the Code

of Conduct within the meaning of that Act; or

(e) in any case of an employee of a Commonwealth agency--

any code of conduct for the agency issued (however

described) by the head of the agency or the accountable

authority (within the meaning of the

Public Governance,

Performance and Accountability Act 2013

) of the agency; or

(f) in the case of an official (within the meaning of the

Public

Governance, Performance and Accountability Act 2013

) or

the accountable authority (within the meaning of that Act) of

a Commonwealth entity--a provision of that Act that

imposes a duty on the official or accountable authority.

Assistant Commissioner

means any of the following:

(a) the Assistant Federal Integrity Commissioner for Research

and Public Interest;

(b) the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries;

Training and Prevention;

(d) any other Assistant Federal Integrity Commissioner

appointed under section 210.

Assistant Law Enforcement Integrity Commissioner

means a

person appointed under section 185 of the

Law Enforcement

Integrity Commissioner Act 2006

as an Assistant Integrity

Commissioner.

assisting officer

, in relation to a warrant for a person's arrest or a

search warrant, means:

(a) if the authorised officer is a member of the AFP--a person

who:

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(i) is a member or special member of the AFP; and

(ii) is assisting in executing the warrant; or

(b) if the authorised officer is a member of the police force of a

State or Territory--a person who:

(i) is a member of the police force of a State or Territory;

and

(ii) is assisting in executing the warrant; or

person who:

(i) has the appropriate skills and qualifications to assist in

executing the warrant in an ethical and proper manner;

and

(ii) has been authorised by the Federal Integrity

Commissioner to assist in executing the warrant.

Australian Federal Integrity Commission

AFIC

means the

Australian Federal Integrity Commission established under

section 11.

authorised officer

means:

(a) the Federal Integrity Commissioner; or

(b) a person authorised under section 149.

CEO

means the Chief Executive Officer of AFIC.

charged

: a person is

charged

with an offence if a process for

prosecuting the person for the offence commences.

civil penalty proceeding

means a proceeding for a civil penalty in

relation to a contravention of a law of the Commonwealth or of a

State or Territory.

civil penalty provision

means a provision of a law of the

Commonwealth or of a State or Territory in relation to a

contravention of which a civil penalty may be imposed.

Commissioner

means:

(a) the Whistleblower Protection Commissioner; or

(b) the Law Enforcement Integrity Commissioner.

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Commonwealth agency

means:

(a) an Agency within the meaning of the

Public Service Act

1999

; or

(b) a Department of the Parliament that is established under the

Parliamentary Service Act 1999

; or

or because of the Constitution or a law of the

Commonwealth; or

(d) a body or organisation, whether incorporated or

unincorporated, established for a public purpose:

(i) by or under a law of the Commonwealth or of a

Territory (other than the Australian Capital Territory or

the Northern Territory); or

(ii) by the Governor-General; or

(iii) by a Minister;

but does not include a Commonwealth judicial officer.

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

Commonwealth judicial officer

has the same meaning as in the

Criminal Code

confiscation proceeding

means a proceeding under:

(a) the

Proceeds of Crime Act 1987

or the

Proceeds of Crime Act

2002

; or

(b) a corresponding law within the meaning of either of those

Acts;

but does not include a criminal prosecution for an offence under

either of those Acts or a corresponding law.

constable

means:

(a) a member or special member of the AFP; or

(b) a member of the police force or police service of a State or

Territory.

corrupt conduct

(a) other than in Parts 4 to 8--has the meaning given by

subsections 9(1) to (4); and

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(b) in Parts 4 to 8--has the meaning given by subsection 9(5).

corruption investigation

means an investigation of a corruption

issue under this Act.

corruption issue

(a) other than in Parts 4 to 8--has the meaning given by

subsection 10(1); and

(b) in Parts 4 to 8--has the meaning given by subsection 10(2).

criminal offence

means an offence against a law of the

Commonwealth or of a State or Territory.

criminal proceeding

means:

(a) a prosecution for an offence against a law of the

Commonwealth or of a State or Territory; or

(b) a confiscation proceeding.

data

has the same meaning as in Part IAA of the

Crimes Act 1914

data held in a computer

has the same meaning as in Part IAA of

the

Crimes Act 1914

data storage device

has the same meaning as in Part IAA of the

Crimes Act 1914

disciplinary offence

includes any misconduct, irregularity, neglect

of duty, breach of discipline or other matter that constitutes or may

constitute grounds for disciplinary action under any law.

disciplinary proceeding

(a) means a proceeding of a disciplinary nature under a law of

the Commonwealth or of a State or Territory; and

(b) includes action taken under Subdivision D of Division 3 of

Part V of the

Australian Federal Police Act 1979

disclosure of wrongdoing

means:

(a) a public interest disclosure within the meaning of the

Public

Interest Disclosure Act 2013

; or

(b) a disclosure of information qualifying for protection under

Part 9.4AAA of the

Corporations Act 2001

; or

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corruption issue under Part 4 of this Act, where made by a

current or former employee, volunteer or contractor of an

organisation to whom the corruption issue also relates; or

(d) an alleged or suspected contravention of a code of conduct

for parliamentarians provided for in an Act of Parliament,

where made by a current or former employee, volunteer or

contractor of an organisation to whom the contravention also

relates; or

(e) a disclosure of wrongdoing of a type prescribed by the

regulations for the purposes of this paragraph.

eligible seizable

item means anything that:

(a) would present a danger to a person; or

(b) could be used to assist a person to escape from lawful

custody.

employee

of a Commonwealth agency includes:

(a) the head of the agency; and

(b) a temporary employee of the agency; and

of the agency.

engage in conduct

means:

(a) do an act; or

(b) omit to do an act.

evidential material

means:

(a) in relation to an investigation warrant--a thing that may be

relevant to:

(i) a corruption investigation; or

(ii) a public inquiry; or

(b) in relation to an offence warrant--a thing relevant to an

offence against a law of the Commonwealth.

Federal Circuit Court

means the Federal Circuit Court of

Australia.

Federal Court

means the Federal Court of Australia.

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Federal Integrity Commissioner

means the Federal Integrity

Commissioner appointed under section 191.

federal integrity commissioner functions

has the meaning given

by section 12.

former parliamentarian

means a former member of either House

of the Parliament.

frisk search

has the same meaning as in Part IAA of the

Crimes

Act 1914

frivolous

, in relation to an allegation or referral, includes

allegations or referrals that are:

(a) trivial in nature and have no serious purpose or value; or

(b) so meritless that further investigation would be a waste of

time or cost.

gift

means a gift whether it is or is not registrable in accordance

with a resolution or resolutions of a House of the Parliament.

government agency

means:

(a) a Commonwealth agency; or

(b) a Department of a State or Territory; or

purpose by or under a law of a State or Territory.

head

of a government agency means:

(a) the person holding, or performing the duties of, the principal

office in respect of the agency; or

(b) if the government agency is a person--that person.

in contempt of AFIC

has the meaning given by section 98.

industrial, civil or administrative body

means:

(a) Fair Work Australia; or

(b) a court or commission (however described) performing or

exercising, under an industrial law within the meaning of the

Fair Work Act 2009

, functions and powers corresponding to

those conferred on Fair Work Australia by the

Fair Work Act

2009

; or

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exercising, under a workplace law (within the meaning of the

Fair Work Act 2009

), functions and powers corresponding to

those conferred on Fair Work Australia by the

Fair Work

(Registered Organisations) Act 2009

; or

(d) a civil or administrative appeals tribunal of the

Commonwealth or of a State or Territory; or

(e) an anti-discrimination, equal opportunity or human rights

protection body, commission or tribunal of the

Commonwealth or of a State or Territory.

interest

means an interest whether it is or is not registrable in

accordance with a resolution or resolutions of a House of the

Parliament.

investigation warrant

means a warrant to search for a thing that

may be relevant to:

(a) a corruption investigation; or

(b) a public inquiry.

issuing officer

means:

(a) for an investigation warrant:

(i) a Judge of the Federal Court of Australia sitting in

Chambers; or

(ii) a Judge of the Federal Circuit Court of Australia sitting

in Chambers; or

(iii) a Judge of a court of a State or Territory; or

(b) for an offence warrant--a magistrate.

law enforcement agency

has the same meaning as in the

Law

Enforcement Integrity Commissioner Act 2006

law enforcement function

means any of the following functions:

(a) investigating whether:

(i) an offence has been committed against a law of the

Commonwealth; or

(ii) there has been a contravention of a law of the

Commonwealth in relation to which civil penalty

proceedings may be brought;

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(b) preparing the material necessary to prosecute a person for an

offence against a law of the Commonwealth;

proceedings against a person for a contravention of a law of

the Commonwealth;

(d) collecting, maintaining, correlating, analysing, accessing or

distributing information for the purpose of assisting the

enforcement of laws of the Commonwealth;

(e) assisting in carrying out a function referred to in

paragraphs (a) to (d).

Law Enforcement Integrity Commissioner

means the person

appointed under section 175 of the

Law Enforcement Integrity

Commissioner Act 2006

as the Integrity Commissioner.

law enforcement integrity commissioner functions

has the

meaning given by section 13.

law enforcement secrecy provision

means:

(a) Part 11 of the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

; or

(b) section 45 of the

Surveillance Devices Act 2004

; or

Telecommunications (Interception

and Access) Act 1979

; or

(d) anything done under a provision referred to in paragraphs (a)

to (c).

legal aid officer

means:

(a) a member, or member of staff, of an authority established by

or under a law of a State or Territory for purposes that

include providing legal assistance; or

(b) a person to whom the Attorney-General has delegated his or

her powers and functions under section 113.

legal practitioner

means a barrister, a solicitor, a barrister and

solicitor or a legal practitioner, of the High Court or of the

Supreme Court of a State or Territory.

manage

an investigation of a corruption issue by a Commonwealth

agency has the meaning given by section 155.

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national law enforcement agencies

means:

(a) the AFP; or

(b) the Australian Criminal Intelligence Commission; or

(i) has a law enforcement function; and

(ii) is prescribed by the regulations for the purposes of this

paragraph.

nominated contact

of a Commonwealth agency for an

investigation of a corruption issue means:

(a) a representative of the agency nominated under section 154

as the nominated contact for the investigation; or

(b) if representative is not nominated--the head of the agency.

occupier

of premises means the person apparently in charge of the

premises.

offence warrant

means a warrant to search for a thing relevant to

an offence against a law of the Commonwealth.

official matter

means any of the following (whether past, present

or contingent):

(a) a corruption investigation;

(b) a hearing held by the Federal Integrity Commissioner or a

special investigator in relation to a corruption investigation;

ordinary search

means a search of a person or of articles in the

possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or

jacket or any gloves, shoes or hat; and

(b) an examination of those items.

oversee

an investigation of a corruption issue by a Commonwealth

agency has the meaning given by section 156.

paid work

means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

parliamentarian

means:

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(a) a senator; or

(b) a member of the House of Representatives; or

House of Representatives; or

(d) a person who is taken to be the President of the Senate under

the

Parliamentary Presiding Officers Act 1965

and who is

not a senator or member of the House of Representatives; or

(e) a person who is taken to be the Speaker of the House of

Representatives under the

Parliamentary Presiding Officers

Act 1965

and who is not a senator or member of the House of

Representatives.

parliamentary allowances

means allowances (including

allowances by way of salary) and entitlements (including

superannuation entitlements) of parliamentarians under a law of the

Commonwealth.

Parliamentary Inspector

means the Parliamentary Inspector of the

Australian Federal Integrity Commission referred to in section 257.

Parliamentary Joint Committee

means the Parliamentary Joint

Committee on the Australian Federal Integrity Commission for the

time being constituted under Part 11.

premises

includes a place, vehicle, vessel and aircraft.

presiding officer

means:

(a) in relation to the Senate--the President of the Senate; or

(b) in relation to the House of Representatives--the Speaker of

the House of Representatives.

presiding officers

means the President of the Senate and the

Speaker of the House of Representatives acting jointly.

public inquiry

means a public inquiry conducted by the Federal

Integrity Commissioner under Part 5.

public official

means a person having Commonwealth public

official functions or acting in a Commonwealth public official

capacity, and includes but is not limited to any of the following:

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(a) the Governor-General (whether or not acting with the advice

of the Federal Executive Council);

(b) a Minister;

(d) a person employed under the

Members of Parliament (Staff)

Act 1984

;

(e) an employee or a temporary employee of a Commonwealth

agency, including:

(i) the head of a Commonwealth agency; and

(ii) an independent contractor providing a service to or on

behalf of a Commonwealth agency;

(f) a person declared by the regulations to be a public official for

the purposes of this definition;

(g) an employee of or any person otherwise engaged by or acting

for or on behalf of, or in the place of, or as deputy or delegate

of, any person or body described in any of paragraphs (a) to

(f);

but does not include a Commonwealth judicial officer.

refer

, in relation to an allegation or information, has the meaning

given by subsections (2) and (3).

referred corruption issue

means a corruption issue referred under

section 45.

search warrant

means an investigation warrant, or an offence

warrant, that is issued under section 118:

(a) to search premises; or

(b) to carry out an ordinary search, or frisk search, of a person.

secrecy provision

means:

(a) a provision of a law of the Commonwealth that purports to

prohibit; or

(b) anything done, under a provision of a law of the

Commonwealth, to prohibit;

the communication, divulging or publication of information, the

production of, or the publication of the contents of, a document, or

the production of a thing.

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sensitive information

means information the disclosure of which:

(a) could prejudice:

(i) the security, defence or international relations of

Australia; or

(ii) relations between the Commonwealth Government and

the Government of a State or between the Government

of a State and the Government of another State; or

(b) would involve disclosing:

(i) deliberations or decisions of the Cabinet, or of a

Committee of the Cabinet, of the Commonwealth or of a

State; or

(ii) deliberations or advice of the Federal Executive Council

or the Executive Council of a State or the Northern

Territory; or

(iii) deliberations or decisions of the Australian Capital

Territory Executive or of a committee of that Executive;

identity of a confidential source of information in relation to:

(i) the enforcement of the criminal law of the

Commonwealth, a State or Territory or a foreign

country; or

(ii) a corruption investigation; or

(iii) a public inquiry under this Act; or

(d) could endanger a person's life or physical safety; or

(e) could prejudice the protection of public safety; or

(f) could prejudice the fair trial of a person or the impartial

adjudication of a matter; or

(g) could prejudice the proper enforcement of the law (including

through corruption investigations); or

(h) would involve disclosing information whose disclosure is

prohibited (absolutely or subject to qualifications) by or

under another law of the Commonwealth; or

(i) would involve unreasonably disclosing a person's personal

affairs; or

(j) would involve unreasonably disclosing confidential

commercial information.

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staff member

of AFIC means:

(a) the Federal Integrity Commissioner; or

(b) the Law Enforcement Integrity Commissioner; or

(d) the Assistant Federal Integrity Commissioner for Research

and Public Interest;

(e) the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries;

(f) the Assistant Federal Integrity Commissioner for Education,

Training and Prevention;

(g) any other Assistant Commissioners; or

(h) any Assistant Law Enforcement Integrity Commissioners; or

(i) the CEO; or

(j) the staff referred to in section 230; or

(k) consultants engaged under section 231.

strip search

has the same meaning as in Part IAA of the

Crimes

Act 1914

taxation secrecy provision

means a secrecy provision that is a

provision of a taxation law within the meaning of the

Taxation

Administration Act 1953

thing relevant to an indictable offence

has the same meaning as in

the

Crimes Act 1914

vexatious

in relation to an allegation or referral, includes

allegations or referrals that are:

(a) solely focused on the harassment, frustration or the bringing

of undue financial burden upon an individual or organisation;

(b) unduly repetitive, burdensome, and unwarranted when

compared to their merits.

Whistleblower Protection Commissioner

means the Whistleblower

Protection Commissioner appointed under section 201.

whistleblower protection commissioner functions

has the meaning

given by section 14.

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whistleblower protection issue

means:

(a) an act or omission constituting reprisal or victimisation or

which causes detriment to any person, as a result of that

person or any other person making a disclosure of

wrongdoing; or

(b) a failure of by any person or body to fulfil whistleblower

protection responsibilities in respect of a disclosure of

wrongdoing, in circumstances where the failure has led, will

lead or is likely to lead to detriment or harm to any person;

and includes an allegation, reasonable suspicion, or information

relating to such an act, omission or failure.

whistleblower protection responsibilities

means, in relation to a

person who made, may have made or may make a disclosure of

wrongdoing, or to any related person, a duty under any law or

applicable code of conduct or policy to:

(a) support, protect, or prevent detriment from being caused to,

the person; or

(b) deal with a disclosure of wrongdoing in any particular way

prescribed by law for the purpose of protecting the rights,

interests and welfare of the person; or

(d) not victimise or engage in reprisal against the person.

(2) A reference in this Act to a person

referring

an allegation includes

a reference to the person making the allegation.

(3) A reference in this Act to a person

referring

information includes a

reference to the person giving information.

9 Meaning of corrupt conduct

(1) For the purposes of this Act (other than Parts 4 to 8),

corrupt

conduct

is:

(a) any conduct of any person that adversely affects, or that

could adversely affect, either directly or indirectly, the honest

or impartial exercise of official functions by any of the

following:

(i) the Parliament;

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(ii) a Commonwealth agency;

(iii) any public official;

(iv) any group or body of public officials; or

(b) any conduct of any person that involves, or could induce, a

public official to place private interests over the public good;

efficacy and probity of an exercise of an official function, or

public administration by a public official; or

(d) any conduct of a public official that constitutes or involves

the dishonest or partial exercise of any of his or her official

functions; or

(e) any conduct of a public official that constitutes or involves,

or of a former public official that constituted or involved, a

breach of public trust; or

(f) any conduct of a public official that involves, or that is

engaged in for the purpose of, the public official abusing his

or her office as a public official; or

(g) any conduct of a public official that involves, or of a former

public official that involved, the misuse of information or

material that he or she acquired in the course of his or her

official functions, whether or not for his or her benefit or for

the benefit of any other person.

(2) For the purposes of subsection (1),

corrupt conduct

includes (but

is not limited to) any of the following conduct:

(a) official misconduct (including breach of trust, fraud in office,

nonfeasance, misfeasance, malfeasance, oppression, extortion

or imposition);

(b) conduct constituting an offence against section 142.2 of the

Criminal Code

(abuse of public office);

(d) blackmail;

(e) obtaining or offering secret commissions;

(f) fraud;

(g) theft;

(h) perverting the course of justice;

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(i) embezzlement;

(j) election bribery;

(k) election funding offences;

(l) election fraud (including breaches of lobbying codes of

conduct or electoral funding laws);

(m) impropriety in government procurement and tender

processes, including collusive tendering;

(n) fraud in relation to applications for licences, permits or other

authorities under legislation designed to protect health and

safety or the environment or designed to facilitate the

management and commercial exploitation of resources;

(o) dishonestly obtaining or assisting in obtaining, or dishonestly

benefiting from, the payment or application of public funds

for private advantage or the disposition of public assets for

private advantage;

(p) defrauding the public revenue;

(q) fraudulently obtaining or retaining employment or

appointment as a public official;

(r) any serious Commonwealth offence within the meaning of

Part IAB of the

Crimes Act 1914

;

(s) treating;

(t) tax evasion;

(u) revenue evasion;

(v) currency violations;

(w) illegal drug dealings;

(x) illegal gambling;

(y) obtaining financial benefit by vice engaged in by others;

(z) bankruptcy and company violations;

(za) harbouring criminals;

(zb) forgery;

(zc) treason or other offences against the Sovereign;

(zd) homicide or violence;

(ze) matters of the same or a similar nature to any listed above;

(zf) any conspiracy or attempt in relation to any of the above.

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(3) Conduct may amount to

corrupt conduct

under this section even

though it occurred before the commencement of this subsection,

and it does not matter that some or all of the effects or other

ingredients necessary to establish such corrupt conduct occurred

before that commencement and that any person or persons

involved are no longer public officials.

Note:

This subsection does not require the retrospective application of laws

or codes of conduct. Whether conduct is corrupt conduct is assessed

against the law that applied at the time the conduct occurred.

(4) Conduct committed by or in relation to a person who was not or is

not a public official may amount to

corrupt conduct

under this

section with respect to the exercise of his or her official functions

after becoming a public official.

(5) For the purposes of Parts 4 to 8 of this Act, conduct referred to in

subsection (1) or (2) is

corrupt conduct

if it could constitute or

involve:

(a) a criminal offence or conduct giving rise to a civil liability; or

(b) a disciplinary offence; or

services of or otherwise terminating the services of a public

official; or

(d) a substantial breach of an applicable code of conduct.

Note:

The Commissioner must consider various matters in addition to

whether conduct constitutes corrupt conduct before conducting

investigations or private or public hearings or publishing reports into

that conduct. This includes considering whether the corrupt conduct is

serious and/or systemic and in the public interest to investigate or

inquire into. See, for example, paragraph 35(c), section 50, section 71

and subsection 85(4).

(6) For the purposes of paragraphs (5)(a), (b) and (c), it does not

matter that proceedings or action in relation to such an offence or

civil liability can no longer be brought or continued, or that action

for such dismissal, dispensing or other termination can no longer

be taken.

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10 Meaning of corruption issue

(1) For the purposes of this Act (other than Parts 4 to 8), a

corruption

issue

is an issue whether a person:

(a) has, or may have, engaged in corrupt conduct; or

(b) is, or may be, engaging in corrupt conduct; or

conduct.

(2) For the purposes of Parts 4 to 8 of this Act, a

corruption issue

is an

issue whether a person:

(a) has, or may have, engaged in corrupt conduct within the

meaning of subsection 9(5); or

(b) is, or may be, engaging in corrupt conduct within the

meaning of subsection 9(5); or

conduct within the meaning of subsection 9(5).

(3) To avoid doubt, an allegation, or information, may raise a

corruption issue

even if the identity of the person is unknown, is

uncertain or is not disclosed in the allegation or information.

Part 2

The Australian Federal Integrity Commission

Division 1

Establishment

Section 11

Australian Federal Integrity Commission Bill 2021

No. , 2021

Part 2--The Australian Federal Integrity

Commission

Division 1--Establishment

11 Establishment

(1) The Australian Federal Integrity Commission is established by this

section.

(2) AFIC consists of:

(a) the Federal Integrity Commissioner; and

(b) the Law Enforcement Integrity Commissioner; and

(d) the Assistant Federal Integrity Commissioner for Research

and Public Interest; and

(e) the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries; and

(f) the Assistant Federal Integrity Commissioner for Education,

Training and Prevention; and

(g) any other Assistant Commissioners; and

(h) any Assistant Law Enforcement Integrity Commissioners.

(3) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013

(a) AFIC is a listed entity; and

(b) the CEO is the accountable authority of AFIC; and

(i) the Federal Integrity Commissioner;

(ii) the Commissioners;

(iii) the Assistant Federal Integrity Commissioner for

Research and Public Interest;

(iv) the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries;

(v) the Assistant Federal Integrity Commissioner for

Education and Prevention;

The Australian Federal Integrity Commission

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No. , 2021

Australian Federal Integrity Commission Bill 2021

(vi) any other Assistant Commissioners;

(vii) any Assistant Law Enforcement Integrity

Commissioners;

(viii) the CEO;

(ix) the staff referred to in section 231;

(x) consultants engaged under section 231; and

(d) the purposes of AFIC include:

(i) the functions of the Commissioner conferred by this

Act; and

(ii) the federal integrity commissioner functions; and

(iii) the law enforcement integrity commissioner functions;

and

(iv) the whistleblower protection commissioner functions;

and

(v) the functions of the CEO referred to in section 220.

Part 2

The Australian Federal Integrity Commission

Division 2

Functions and powers of the Federal Integrity Commissioner and

Commissioners

Section 12

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 2--Functions and powers of the Federal Integrity

Commissioner and Commissioners

12 Definition of federal integrity commissioner functions

(1) The

federal integrity commissioner functions

are as follows:

(a) to advise and assist any public official, Commonwealth

agency or other person on changes in laws, practices or

procedures compatible with the effective exercise of their

functions which the Federal Integrity Commissioner thinks

necessary to promote integrity and reduce the likelihood of

the occurrence of corrupt conduct;

(b) to educate and disseminate information to public officials,

Commonwealth agencies and the community on strategies to

combat corrupt conduct;

into the incidence and risk of corruption in Australia, its

causes and antecedents, and methods of prevention, for the

primary (but not sole) purpose of providing a sound evidence

base for the work of AFIC and its decisions;

(d) to lead and support Commonwealth and national strategies

for corruption prevention, national and international

coordination of anti-corruption efforts, and development and

implementation of a Federal Integrity and Anti-Corruption

Plan;

(e) on the Federal Integrity Commissioner's own initiative, or at

the request of the Minister or either House of the Parliament,

to make reports and recommendations to the Parliament

about the need for or the desirability of legislative or

administrative action on issues in relation to:

(i) the integrity of public officials; or

(ii) corruption generally in Commonwealth agencies; or

(iii) corruption generally in or affecting Australia;

whether those issues arose before or after the commencement

of this section;

(f) to investigate and conduct public inquiries (that are in the

public interest and for the purposes of identifying changes in

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laws, practices or procedures which the Commissioner thinks

necessary to promote integrity and reduce the likelihood of

the current and future occurrence of corrupt conduct) into

corruption issues involving:

(i) a public official; or

(ii) a Commonwealth agency;

and report on the results of those investigations and inquiries,

whether those corruption issues arose before or after the

commencement of this section;

(g) to refer corruption issues, in appropriate circumstances, to

appropriate government agencies for investigation;

(h) to manage, oversee or review, in appropriate circumstances,

the investigation of corruption issues by Commonwealth

agencies;

(i) to communicate to appropriate authorities and to the public

the results of investigations and inquiries, including

recommendations for action that should be or have been

taken, or are being taken, in relation to those results;

(j) with the consent of the Minister, to enter into an arrangement

to perform the functions of a Territory integrity

commissioner under a scheme established in accordance with

the conditions of licences or authorities granted under an Act

of a Territory;

(k) to support the Whistleblower Protection Commissioner in the

discharge of their functions;

(l) to chair meetings of AFIC and of committees established

under Part 3 of this Act;

(m) any other function conferred on the Federal Integrity

Commissioner by this Act or another law of the

Commonwealth;

(n) to do anything incidental or conducive to the performance of

the above functions.

(2) An arrangement referred to in paragraph (1)(j) may include

provision for payment by the other party to the arrangement for the

performance of functions by the Federal Integrity Commissioner in

accordance with the arrangement.

Part 2

The Australian Federal Integrity Commission

Division 2

Functions and powers of the Federal Integrity Commissioner and

Commissioners

Section 13

Australian Federal Integrity Commission Bill 2021

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(3) To avoid doubt, when investigating and conducting public

inquiries into corruption issues arising before the commencement

of this section, the Federal Integrity Commissioner must apply and

consider the laws and policies that were in force at the time the

corruption issue arose.

13 Definition of law enforcement integrity commissioner functions

The

law enforcement integrity commissioner functions

are as

follows:

(a) the functions conferred on the Law Enforcement Integrity

Commissioner under section 15 of the

Law Enforcement

Integrity Commissioner Act 2006

;

(b) any other function conferred by this Act or another Act (or an

instrument under this Act or another Act) on the Law

Enforcement Integrity Commissioner.

14 Definition of whistleblower protection commissioner functions

(1) The

whistleblower protection commissioner functions

are as

follows:

(a) to provide advice, assistance, guidance and support to any

public official, Commonwealth agency or other person on

rights, obligations and processes relating to the making of

disclosures of wrongdoing as defined by this Act;

(b) to receive disclosures of wrongdoing from any person;

make disclosures of wrongdoing, to the maximum extent

possible by law and appropriate to the circumstances;

(d) to assess and, where appropriate, refer disclosures of

wrongdoing to appropriate Commonwealth agencies, other

government agencies, or other bodies, with functions and

powers to deal with those disclosures;

(e) to monitor and, where appropriate, provide advice or

assistance to agencies or bodies to whom disclosures of

wrongdoing have been referred, in respect of whistleblower

protection issues;

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(f) to manage, oversee or review, in appropriate circumstances,

the manner in which Commonwealth agencies investigate or

deal with disclosures of wrongdoing, in respect of

whistleblower protection issues;

(g) to ensure appropriate support and protection is provided to

persons who make disclosures of wrongdoing;

(h) to advise and assist any public official, Commonwealth

agency or other person on changes in laws, practices or

procedures compatible with the effective exercise of their

functions which the Whistleblower Protection Commissioner

thinks necessary to promote the appropriate support and

protection for persons who make disclosures of wrongdoing;

(i) on the Whistleblower Protection Commissioner's own

initiative, or at the request of the Minister or either House of

the Parliament, to make reports and recommendations to the

Parliament about the need for or the desirability of legislative

or administrative action on issues in relation to whistleblower

protection, whether those issues arose before or after the

commencement of this section;

(j) to investigate and conduct public inquiries into issues of

reprisal, detrimental action, or failures to prevent detrimental

action, arising or resulting from disclosures of wrongdoing;

(k) to report on the results of those investigations and inquiries,

whether the issues of reprisal, detrimental action, or failures

to prevent detrimental action arose before or after the

commencement of this section;

(l) to manage, oversee or review, in appropriate circumstances,

the investigation by Commonwealth agencies of issues of

reprisal, detrimental action, or failures to prevent detrimental

action, arising or resulting from disclosures of wrongdoing;

(m) to communicate to appropriate authorities and to the public

the results of investigations, including reports or

recommendations on actions that should be or have been

taken, or are being taken, in relation to whistleblower

protection--including criminal prosecution, disciplinary

action, civil penalty enforcement, or the seeking or

provisions of remedies or rewards in favour of persons who

make disclosures of wrongdoing;

Part 2

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Division 2

Functions and powers of the Federal Integrity Commissioner and

Commissioners

Section 15

Australian Federal Integrity Commission Bill 2021

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(n) to provide legal advice, representation or other practical

support, as appropriate, to persons who make disclosures of

wrongdoing and who are, or may become, a party to

proceedings in a court or to a matter before an industrial,

civil or administrative body, under any law, if the

Whistleblower Protection Commissioner considers that

representing the person will promote compliance with

whistleblower protection responsibilities;

(o) to commence proceedings in a court, or to make applications

to an industrial, civil or administrative body, to enforce this

Act or any Commonwealth law containing whistleblower

protection responsibilities;

(p) to support the Federal Integrity Commissioner, the Law

Enforcement Integrity Commissioner, other Commonwealth

agencies and other government agencies in the discharge of

their functions;

(q) such other functions as are delegated by the Federal Integrity

Commissioner under this Act or another Act;

(r) any other function conferred on the Whistleblower Protection

Commissioner by this Act or another law of the

Commonwealth;

(s) to do anything incidental or conducive to the performance of

the above functions.

(2) The Whistleblower Protection Commissioner must consult with the

Federal Integrity Commissioner in exercising any function relating

to the functions of the Federal Integrity Commissioner.

15 Functions and powers of the Federal Integrity Commissioner

(1) The Federal Integrity Commissioner has the federal integrity

commissioner functions.

(2) The Federal Integrity Commissioner has power to do all things

necessary or convenient to be done for or in connection with the

performance of the federal integrity commissioner functions

conferred by this section.

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(3) In performing functions or exercising powers conferred on the

Federal Integrity Commissioner, the Federal Integrity

Commissioner must:

(a) as far as practicable, direct attention to serious corrupt

conduct and/or systemic corrupt conduct; and

(b) take into account the responsibility and role other public

authorities and public officials have in the prevention of

corrupt conduct.

16 Functions and powers of the Law Enforcement Integrity

Commissioner

(1) The Law Enforcement Integrity Commissioner has the law

enforcement integrity commissioner functions.

(2) The Law Enforcement Integrity Commissioner has the powers

conferred under Parts 9 and 12 of the

Law Enforcement Integrity

Commissioner Act 2006

to do things necessary or convenient to be

done for or in connection with the performance of the law

enforcement integrity commissioner functions.

Note:

The Law Enforcement Integrity Commissioner is subject to direction

by the Federal Integrity Commissioner in relation to the performance

of certain functions and the exercise of certain powers (see section 184

of the

Law Enforcement Integrity Commissioner Act 2006

17 Functions and powers of the Whistleblower Protection

Commissioner

(1) The Whistleblower Protection Commissioner has the

whistleblower protection commissioner functions.

(2) The Whistleblower Protection Commissioner has power to do all

things necessary or convenient to be done for or in connection with

the performance of the whistleblower protection commissioner

functions conferred by this section.

Part 2

The Australian Federal Integrity Commission

Division 2

Functions and powers of the Federal Integrity Commissioner and

Commissioners

Section 18

Australian Federal Integrity Commission Bill 2021

No. , 2021

18 Functions and powers of the Assistant Federal Integrity

Commissioner for Research and Public Interest

(1) The Assistant Federal Integrity Commissioner for Research and

Public Interest has the following functions:

(a) to assist the Federal Integrity Commissioner to perform the

function referred to in paragraph 12(1)(c)

;

(b) to provide quality evidence-driven research advice as

requested by the Federal Integrity Commissioner from time

to time to assist the Federal Integrity Commissioner to make

relevant decisions under Parts 4 to 8.

(2) The Assistant Federal Integrity Commissioner for Research and

Public Interest has power to do all things necessary or convenient

to be done for or in connection with the performance of the

Assistant Federal Integrity Commissioner for Research and Public

Interest's functions conferred by this section.

19 Functions and powers of the Assistant Federal Integrity

Commissioner for Assessment, Investigations and

Inquiries

(1) The Assistant Federal Integrity Commissioner for Assessment,

Investigations and Inquiries has the function of assisting the

Federal Integrity Commissioner to perform the functions referred

to in paragraphs 12(1)(e), (f), (g), (h), (i), (j) and (k).

(2) The Assistant Federal Integrity Commissioner for Assessment,

Investigations and Inquiries has power to do all things necessary or

convenient to be done for or in connection with the performance of

the Assistant Federal Integrity Commissioner for Assessment,

Investigations and Inquiries' functions conferred by this section.

20 Functions and powers of the Assistant Federal Integrity

Commissioner for Education, Training and Prevention

(1) The Assistant Federal Integrity Commissioner for Education,

Training and Prevention has the function of assisting the Federal

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Integrity Commissioner to perform the functions referred to in

paragraphs 12(1)(b) and (d).

(2) The Assistant Federal Integrity Commissioner for Education,

Training and Prevention has power to do all things necessary or

convenient to be done for or in connection with the performance of

the Assistant Federal Integrity Commissioner for Education,

Training and Prevention's functions conferred by this section.

Part 3

Corruption prevention, research and coordination

Division 1

Promoting integrity in public administration and Australia

Section 21

Australian Federal Integrity Commission Bill 2021

No. , 2021

Part 3--Corruption prevention, research and

coordination

Division 1--Promoting integrity in public administration

and Australia

21 Role of the Federal Integrity Commissioner

(1) The Federal Integrity Commissioner has the following duties for

the purpose of promoting integrity and preventing corruption in

Australia:

(a) to develop and implement a strategy for how AFIC can best

contribute to the promotion of integrity and prevention of

corruption;

(b) to develop and publish rules, guidance and standards for

Commonwealth agency integrity and anti-corruption plans

under Division 2; and to review, monitor and support such

plans;

public sector to strengthen its integrity systems and prevent

corrupt conduct, including through corruption prevention

inquiries under Division 3;

(d) to lead and facilitate training, education of, and advice to, the

public sector and the community about consequences and

prevention of corruption, including under Division 4;

(e) to undertake research into the incidence of corruption, its

causes and antecedents, and methods of prevention, as

provided for in Division 5 and to inform decisions made

under Parts 4 to 8;

(f) to lead and support cooperation and coordination among

Commonwealth agencies responsible for promoting integrity

and preventing or dealing with corruption or related issues, in

the public sector, as provided for in Division 6; and

(g) to lead and support cooperation and coordination among

government agencies, including State, Territory and

international agencies, and other stakeholders, in strategies

for combatting corruption in Australia, including the

Corruption prevention, research and coordination

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Australian Federal Integrity Commission Bill 2021

development and implementation of the National Integrity

and Anti-Corruption Plan under Division 7.

22 Role of AFIC

(1) In determining how to fulfil the duties under this Part, and in

fulfilling the duties, the Federal Integrity Commissioner will

consult with the Whistleblower Protection Commissioner and the

Law Enforcement Integrity Commissioner.

(2) The Federal Integrity Commissioner may enter into an agreement

with the head of a Commonwealth agency for the purpose of

assisting the agency with fulfilment of any duty or obligation under

this Part.

(3) The CEO must, by writing, designate positions in AFIC as

positions assisting the Federal Integrity Commissioner with the

fulfilment of duties under this Part.

Note:

For creation of positions, see section 77 of the

Public Service Act

1999

(4) A person in a position designated under subsection (3) may be

located in any Commonwealth agency with whom the CEO enters

into an agreement under subsection (3).

Part 3

Corruption prevention, research and coordination

Division 2

Commonwealth integrity and anti-corruption plans

Section 23

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 2--Commonwealth integrity and anti-corruption

plans

23 Preparation of integrity and anti-corruption plans

(1) The head of each Commonwealth agency is to prepare, every 2

years, a plan to protect and enhance integrity in the performance of

the agency's functions (including the prevention of corruption in

its program delivery, use of financial assets and information,

decision-making, and the conduct of its staff) covering at least the

next 4-year period.

Note:

The first integrity and anti-corruption plan is to be prepared within 2

years of the commencement of this Act.

(2) Each agency's integrity and anti-corruption plan must be consistent

with any relevant rule, guidance or standard made under this Act.

(3) Nothing in this Act prevents a Commonwealth agency that is a

Commonwealth entity from combining its integrity and

anti-corruption plan with a fraud control plan, or corporate plan,

for the entity under the

Public Governance, Performance and

Accountability Act 2013

(4) However, despite subsection (3), an integrity and anti-corruption

plan must not be wholly contained within an agency's fraud control

plan and must deal with topics of integrity and anti-corruption

beyond simply fraud.

(5) An agency head may elect to not publish the agency's integrity and

anti-corruption plan, or may choose to redact it for publication, but

only in circumstances where publication of some or all of the plan

would be counter to the interests of preventing or dealing with

corruption in or by the agency.

24 Audit Committee to monitor plans

If a Commonwealth agency is a Commonwealth entity, the audit

committee for the agency must review the integrity and

anti-corruption plan, monitor its implementation and assess its

Corruption prevention, research and coordination

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Section 25

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Australian Federal Integrity Commission Bill 2021

effectiveness, having regard to the level of corruption risk

applicable to the agency and its programs.

Note 1:

See section 45 of the

Public Governance, Performance and

Accountability Act 2013

(which deals with audit committees for

Commonwealth entities).

Note 2:

The responsibility for preparing and implementing the entity's plan

remains with the accountable authority for the entity.

25 Federal Integrity Commissioner to receive plans on request

(1) A copy of a Commonwealth agency's integrity and anti-corruption

plan, together with (for a Commonwealth entity) any audit

committee comments or reports relating to its preparation or

monitoring, is to be provided by the head of the agency on request

by the Federal Integrity Commissioner.

(2) The head of a Commonwealth agency, including at the

recommendation of an audit committee, may request the Federal

Integrity Commissioner to review the agency's integrity and

anti-corruption plan or advise on its preparation.

(3) The Federal Integrity Commissioner may provide comments to the

head of the Commonwealth agency, designed to strengthen the

agency's integrity and anti-corruption plan.

(4) Despite any other provision of this Act, the Federal Integrity

Commissioner may publish a Commonwealth agency's integrity

and anti-corruption plan, in part or whole, together with any

comments, if satisfied it is in the public interest to do so.

26 Consideration of adequacy of plans

(1) This section applies to any report of an investigation or public

inquiry under section 59 or section 73, or any special report under

section 237, which identifies that a corruption issue arose in

respect of any particular Commonwealth agency or agencies.

(2) In preparing the report, the Federal Integrity Commissioner must

consider, address and, where relevant, report upon:

(a) whether the agency had in place an integrity and

anti-corruption plan;

Part 3

Corruption prevention, research and coordination

Division 2

Commonwealth integrity and anti-corruption plans

Section 26

Australian Federal Integrity Commission Bill 2021

No. , 2021

(b) the adequacy of the integrity and anti-corruption plan;

integrity and anti-corruption plan, or the integrity and

anti-corruption plans of other agencies or in general; and

(d) whether there were any failures to implement the integrity

and anti-corruption plan, or to prevent corrupt conduct, and,

if so, the nature of and reasons for those failures.

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Australian Federal Integrity Commission Bill 2021

Division 3--Corruption prevention inquiries

27 Federal Integrity Commissioner may conduct inquiries

(1) The Federal Integrity Commissioner may conduct a public inquiry

if: the inquiry is for the purposes of identifying changes in laws,

practices or procedures which the Federal Integrity Commissioner

thinks necessary to promote integrity and reduce the likelihood of

the occurrence of serious and/or systemic corrupt conduct.

(2) An inquiry under this Division may be undertaken on the Federal

Integrity Commissioner's own initiative, or at the request of the

Minister or either House of the Parliament.

28 Scope and powers of inquiries

(1) An inquiry under this Division may concern laws, practices or

procedures relating to any of the following:

(a) the integrity of public officials;

(b) corruption or prevention of corruption generally in

Commonwealth agencies;

affecting Australia.

(2) An inquiry under this Division may concern such issues as the

Federal Integrity Commissioner deems relevant for the purposes of

subsection (1), whether those issues arose before or after the

commencement of this section.

(3) An inquiry under this Division may review and make general

recommendations about practices, procedures and standards in

relation to integrity, propriety, ethics, and the prevention of

corruption, in any of the following:

(a) Commonwealth agencies;

(b) government generally;

(d) the community at large.

Part 3

Corruption prevention, research and coordination

Division 3

Corruption prevention inquiries

Section 29

Australian Federal Integrity Commission Bill 2021

No. , 2021

(4) An inquiry under this Division is to be conducted as a public

inquiry under Division 3 of Part 5 of this Act.

29 Reports of inquiries

(1) A report of an inquiry under this Division is to be prepared in

accordance with Division 4 of Part 5 of this Act.

(2) A report may include such recommendations, to any person, as the

Federal Integrity Commissioner sees fit.

(3) Without limiting subsection (2), a report may include

recommendations to the Parliament about the need for or the

desirability of legislative or administrative action on any issues in

relation to:

(a) the integrity of public officials; or

(b) corruption generally in Commonwealth agencies; or

whether those issues arose before or after the commencement of

this section.

Corruption prevention, research and coordination

Part 3

Section 30

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Australian Federal Integrity Commission Bill 2021

Division 4--Education, training and advice

30 Agency heads to provide training

The head of each Commonwealth agency is to ensure that officers

of the agency are given appropriate education and training relating

to ethical conduct, corruption risk and the prevention of corrupt

conduct, including any obligations arising under this Act.

31 Role of Federal Integrity Commissioner

(1) The Federal Integrity Commissioner will develop and implement a

strategy for how AFIC can best lead, facilitate and support the

training and education of, and provision of advice to, the public

sector and the community about the consequences and prevention

of corruption.

(2) The Federal Integrity Commissioner will assist the heads of

Commonwealth agencies in ensuring that officers are given

appropriate education and training under section 30.

(3) The Federal Integrity Commissioner may enter into contracts,

agreements and partnerships with other entities to support AFIC's

training, education and advice functions.

(4) In developing and implementing the strategy under subsection (1),

the Federal Integrity Commissioner will consult with:

(a) the Australian Public Service Commission;

(b) the Merit Protection Commissioner;

(d) such other agencies or bodies as the Federal Integrity

Commissioner sees fit.

Part 3

Corruption prevention, research and coordination

Division 5

Research and intelligence

Section 32

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 5--Research and intelligence

32 Research functions

(1) The Federal Integrity Commissioner, in consultation with the

Assistant Federal Integrity Commissioner for Research and Public

Interest, will develop and implement a strategy for research to

support the performance of AFIC's functions.

(2) The research strategy must include research into any of the

following:

(a) the promotion of integrity and ethical conduct;

(b) individual and organisational behaviour related to integrity

and ethical conduct;

(d) detection and investigatory processes relating to corruption;

(e) factors giving rise, and factors influencing responses, to

corruption issues among Commonwealth agencies;

(f) continuous improvement in responses to corruption;

(g) any other matter relating to the promotion of integrity or the

prevention and eradication of corruption.

(3) Any research conducted by the Federal Integrity Commissioner or

the Assistant Federal Integrity Commissioner for Research and

Public Interest must state any limitations of the research.

(4) Subsection (3) does not otherwise limit the inferences,

recommendations or advice that can be based on that research by

the Federal Integrity Commissioner or the Assistant Federal

Integrity Commissioner for Research and Public Interest.

33 Research strategy--consultation and implementation

(1) In developing and implementing the research strategy under

section 32, the Federal Integrity Commissioner will consult with:

(a) the Australian Institute of Criminology;

(b) the Australian Criminal Intelligence Commission;

Integrity Commissioner sees fit.

Corruption prevention, research and coordination

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Section 34

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Australian Federal Integrity Commission Bill 2021

(2) The Parliamentary Joint Committee may make suggestions to the

Federal Integrity Commissioner regarding issues suitable for

inclusion in AFIC's research strategy.

(3) The Federal Integrity Commissioner may enter into contracts,

agreements and partnerships with other entities to support AFIC's

research functions.

34 Relationship between research and operations

In developing and implementing the research strategy under

section 32, the Federal Integrity Commissioner and the Assistant

Federal Integrity Commissioner for Research and Public Interest

will give priority to research which:

(a) assists AFIC in identifying and dealing with specific

corruption issues among Commonwealth agencies, including

areas of corruption risk to be addressed by AFIC; and

(b) applies, includes and makes use of AFIC's experience in

dealing with specific corruption issues among

Commonwealth agencies, including information (including

records and statistics) arising from enquiries, referrals or

investigations relating to corruption issues.

Part 3

Corruption prevention, research and coordination

Division 6

Commonwealth cooperation and coordination

Section 35

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 6--Commonwealth cooperation and coordination

35 Principles of operation of Federal Integrity Commission

The Federal Integrity Commissioner, Whistleblower Protection

Commissioner and Law Enforcement Integrity Commissioner will

exercise their functions and powers in such a way as to:

(a) work cooperatively with other Commonwealth agencies

responsible for integrity, ethics and the prevention of or

responses to corruption, including parliamentary officers and

agencies; and

(b) improve the capacity of Commonwealth agencies to prevent

and respond to corruption issues; and

undertaken or is being undertaken appropriately by a

Commonwealth agency.

36 Cooperation and coordination with other Commonwealth

agencies

(1) This section applies to any Commonwealth agency with

responsibility for integrity, ethics or the prevention of, or responses

to, corruption in Commonwealth public administration, including

the agencies listed in subsection 37(2).

(2) The Federal Integrity Commissioner will facilitate cooperation and

coordination among agencies to whom this section applies, and

between any and all of those agencies and AFIC.

(3) In facilitating cooperation and coordination under subsection (2), it

will be the objective of the Federal Integrity Commissioner to

ensure a comprehensive, efficient, nationally coordinated approach

to the prevention, detection, reduction and remediation of

corruption in Commonwealth public administration.

(4) Despite any other Act, any agency to which this section applies

may:

(a) exchange any information relating to the promotion of

integrity, or to preventing or responding to corruption, with

any other agency to whom this section applies; and

Corruption prevention, research and coordination

Part 3

Section 37

No. , 2021

Australian Federal Integrity Commission Bill 2021

(b) engage in joint activities, projects or operations relating to

the promotion of integrity, or to preventing or responding to

corruption, with any other agency to which this section

applies.

37 Commonwealth Integrity Coordination Committee

(1) The Commonwealth Integrity Coordination Committee is

established by this section.

(2) The Commonwealth Integrity Coordination Committee consists of

the persons who, from time to time, hold the following offices:

(a) Commonwealth Ombudsman;

(b) Australian Information Commissioner;

(d) Australian Public Service Commissioner;

(e) Merit Protection Commissioner;

(f) Australian Electoral Commissioner;

(g) Inspector-General of Taxation;

(h) Inspector-General of Intelligence and Security;

(i) Australian Federal Police Commissioner;

(j) CEO of the Australian Criminal Intelligence Commission;

(k) CEO of the Independent Parliamentary Expenses Authority;

(l) Parliamentary Standards Commissioner;

(m) Secretary of the Attorney-General's Department;

(n) Law Enforcement Integrity Commissioner;

(o) Whistleblower Protection Commissioner;

(p) Federal Integrity Commissioner;

(q) the Assistant Federal Integrity Commissioner for Research

and Public Interest;

(r) the Assistant Federal Integrity Commissioner for

Assessment, Investigations and Inquiries;

(s) the Assistant Federal Integrity Commissioner for Education,

Training and Prevention;

(t) any other office that, in the opinion of the Federal Integrity

Commissioner, has significant responsibility for integrity,

ethics or the prevention of, or responses to, corruption in

Part 3

Corruption prevention, research and coordination

Division 6

Commonwealth cooperation and coordination

Section 38

Australian Federal Integrity Commission Bill 2021

No. , 2021

Commonwealth public administration (other than a Minister

or other political office holder).

(3) The Committee will be chaired by:

(a) a member of the Committee as agreed by the members of the

Committee from time to time; or

(b) if, no other member is agreed under paragraph (a), the

Federal Integrity Commissioner.

(3) The Committee will meet no less than twice in any calendar year.

38 Functions of the Commonwealth Integrity Coordination

Committee

The Commonwealth Integrity Coordination Committee has the

following functions:

(a) to foster cooperation and coordination between the members

of the Committee and their respective agencies;

(b) to facilitate the exchange of information between agencies in

performance of their functions;

promotional and educational materials relating to integrity

and anti-corruption in Commonwealth administration;

(d) to provide a forum for consultation on the development of

Rules, standards or guidance to be developed by the Federal

Integrity Commissioner, Whistleblower Protection

Commissioner or any other member agency;

(e) to provide a forum for consultation on the research,

education, training or advice strategies of the Federal

Integrity Commissioner or any other member agency;

(f) to identify priority areas of corruption risk for the

Commonwealth, or priority areas or opportunities for the

promotion of integrity and prevention of corruption;

(g) to identify and support joint activities, projects, initiatives or

operations relating to integrity and anti-corruption in

Commonwealth administration;

(h) to develop common strategies for engaging and

communicating with Commonwealth agencies and the wider

Corruption prevention, research and coordination

Part 3

Section 38

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Australian Federal Integrity Commission Bill 2021

community on issues relating to integrity and anti-corruption

in Commonwealth administration;

(i) to consult and provide advice to Government or the

Parliament on issues of law, practice or procedure relating to

integrity and anti-corruption in Commonwealth

administration;

(j) to do anything incidental to or conducive to the performance

of the above functions.

Part 3

Corruption prevention, research and coordination

Division 7

National cooperation and coordination

Section 39

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 7--National cooperation and coordination

39 Role of the Federal Integrity Commissioner

(1) It is the duty of the Federal Integrity Commissioner to:

(a) promote and assist in a comprehensive, efficient, nationally

coordinated approach to the prevention, detection, reduction

and remediation of corruption in:

(i) Australia generally; and

(ii) Australia's relations with other countries; and

(b) assist in the cooperative implementation of Australia's

international anti-corruption responsibilities, including under

the United Nations Convention Against Corruption (2005).

(2) In fulfilling their duty under subsection (1), the Federal Integrity

Commissioner may undertake research or initiatives about, or have

regard, express opinions, provide advice or make recommendations

relating to:

(a) corruption and its prevention in Commonwealth public

administration; or

(b) corruption and its prevention in government generally in

Australia; or

the wider community in Australia; or

(d) issues among other countries relating to corruption and

prevention, that affect, or may affect, Australia.

(3) In fulfilling their duty under subsection (1), the Federal Integrity

Commissioner will give priority to:

(a) their role in preparation of the National Integrity and

Anti-Corruption Plan under section 40; and

(b) their role in assisting the implementation of the National

Integrity and Anti-Corruption Plan.

Corruption prevention, research and coordination

Part 3

Section 40

No. , 2021

Australian Federal Integrity Commission Bill 2021

40 National Integrity and Anti-Corruption Plan

(1) The Minister is to publish a National Integrity and Anti-Corruption

Plan no less frequently than every 4 years, covering at least the

next 4-year period.

Note:

The first National Integrity and Anti-Corruption Plan is to be

published within 2 years of the commencement of this Part.

(2) The National Integrity and Anti-Corruption Plan must include the

following:

(a) identification of key corruption threats and related risks to

integrity affecting, or likely to affect, Commonwealth public

administration;

Note:

Threats and risk factors may include, but is not limited to: organised

crime; influence peddling; political lobbying; internal fraud, external

collusion, solicitation and bribery; maladministration, malfeasance

and misconduct.

(b) data on such corruption threats and related risks;

integrity affecting, or likely to affect, Australia generally;

(d) key mechanisms in place and any additional measures

planned to mitigate corruption threats and risks to integrity;

(e) the role of business and the wider community in promoting

integrity and combatting corruption in Australia;

(f) the role of the States and Territories in promoting integrity

and combatting corruption in Australia;

(g) priority areas for Commonwealth reform or action to promote

integrity and combat corruption;

(h) key actions to be undertaken or recommended to be

undertaken to promote integrity and combat corruption,

including a timetable and parties responsible for those

actions;

(i) any other items specified in the Rules.

(3) The National Integrity and Anti-Corruption Plan must include an

assessment and recommendations regarding the adequacy of

strategies to counter risks to integrity in high-risk areas of

Commonwealth public administration, including the following:

(a) major procurement and capital works;

Part 3

Corruption prevention, research and coordination

Division 7

National cooperation and coordination

Section 41

Australian Federal Integrity Commission Bill 2021

No. , 2021

(b) the allocation of grants and subsidies;

(d) regulatory enforcement of industry and commerce;

(e) border crime and transboundary corruption;

(f) elections;

(g) the use of contractors to carry out work and any conflicts of

interests of such contractors;

(h) any other item specified in the Rules;

(i) any other area considered relevant for inclusion by the

Minister.

(4) The National Integrity and Anti-Corruption Plan must also

consider appropriate measures to ensure continual improvement in

the facilitation and protection of whistleblowers.

41 Preparation of plan

(1) In preparing the National Integrity and Anti-Corruption Plan, the

Minister is to consult and have regard to the views of the

following:

(a) the Federal Integrity Commissioner;

(b) the members of the Commonwealth Integrity Coordination

Committee established by section 37;

Advisory Committee established by section 43;

(d) such other persons as the Minister sees fit.

(2) In preparing the plan, the Minister will request the Federal

Integrity Commissioner to:

(a) comment on a first draft of the plan;

(b) contribute research to the development of the plan;

the Minister.

(3) The Minister must not publish a plan unless it has been prepared

following a period of public consultation that is at least 6 months.

Corruption prevention, research and coordination

Part 3

Section 42

No. , 2021

Australian Federal Integrity Commission Bill 2021

42 Examination of plan

The Parliamentary Joint Committee is to inquire into each National

Integrity and Anti-Corruption Plan, and report to both houses on

any matters it sees fit within 18 months of publication of the

National Integrity and Anti-Corruption Plan by the Minister.

43 National Integrity and Anti-Corruption Advisory Committee

(1) The National Integrity and Anti-Corruption Advisory Committee is

established by this section.

(2) The National Integrity and Anti-Corruption Advisory Committee

consists of the following:

(a) the persons who, from time to time, hold the following

offices:

(i) Secretary of the Department administered by the

Attorney-General;

(ii) Federal Integrity Commissioner;

(iii) Australian Federal Police Commissioner;

(iv) CEO of the Australian Criminal Intelligence

Commission;

(v) Chairperson of the Australian Securities and

Investments Commission;

(vi) Chairperson of the Australian Competition and

Consumer Commission.

(b) at least 3 representatives of State or Territory agencies with

significant responsibility for integrity, ethics or the

prevention of, or responses to, corruption;

concerned with integrity, ethics or the prevention of, or

responses to, corruption;

(d) at least 2 representatives of business organisations concerned

with integrity, ethics or the prevention of, or responses to,

corruption;

(e) at least 2 persons with independent specialist expertise in

integrity, ethics or the prevention of, or responses to,

corruption;

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National cooperation and coordination

Section 44

Australian Federal Integrity Commission Bill 2021

No. , 2021

(f) such other persons that, in the opinion of the Minister, can

contribute to the development of the National Integrity and

Anti-Corruption Plan.

(2) The Committee is to be chaired by the Secretary of the

Attorney-General's Department.

(3) The Committee will meet no less than twice in any calendar year.

44 Functions of the advisory committee

The National Integrity and Anti-Corruption Advisory Committee

has the following functions:

(a) to foster cooperation and coordination between the members

of the Committee and their respective agencies and

organisations, and other organisations;

(b) to facilitate the exchange of information between agencies in

performance of their functions;

education, training or advice strategies of the Federal

Integrity Commissioner or any other member agency;

(d) to identify priority areas of corruption risk for Australia, or

priority areas or opportunities for the promotion of integrity

and prevention of corruption;

(e) to identify and support joint activities, projects, initiatives or

operations relating to integrity and anti-corruption in

Australia;

(f) to provide a forum for consultation on the development of the

National Integrity and Anti-Corruption Plan;

(g) to do anything incidental to or conducive to the performance

of the above functions.

Dealing with corruption issues

Part 4

Section 45

No. , 2021

Australian Federal Integrity Commission Bill 2021

Part 4--Dealing with corruption issues

Division 1--Referring corruption issues to Federal

Integrity Commissioner

45 Referral of corruption issues

(1) A person may refer to the Federal Integrity Commissioner under

this section an allegation, or information, that raises a corruption

issue.

(2) Without limiting subsection (1):

(a) the person may refer the allegation or information on behalf

of:

(i) another person; or

(ii) a Commonwealth agency; or

(iii) a body or association of persons; and

(b) the person may refer the allegation or information

anonymously; and

orally or in writing.

(3) If the person refers the allegation or information orally, the Federal

Integrity Commissioner may require the person to put the

allegation or the information in writing.

(4) Subject to paragraph (2)(b), whether the person refers the

allegation or information orally or in writing, the Federal Integrity

Commissioner may request (but not require) the person to identify,

in writing, the nature of the person's relationship with any other

persons or agencies identified in the referral.

(5) If the person is asked to put the allegation or information in writing

under subsection (3), the Federal Integrity Commissioner may

refuse to investigate the corruption issue that the allegation or

information raises, or to investigate the corruption issue further,

until the allegation or information is put in writing.

(6) If the Ombudsman:

Part 4

Dealing with corruption issues

Division 1

Referring corruption issues to Federal Integrity Commissioner

Section 46

Australian Federal Integrity Commission Bill 2021

No. , 2021

(a) decides, under subsection 6(15A) of the

Ombudsman Act

1976

to refer an allegation or information to the Federal

Integrity Commissioner; or

(b) is required, under subsection 6(15B) of that Act, to refer an

allegation or information to the Federal Integrity

Commissioner;

the person who referred the allegation or information to the

Ombudsman is taken to have referred the allegation or information

to the Federal Integrity Commissioner under this section.

(7) The Assistant Federal Integrity Commissioner for Assessment,

Investigations and Inquiries must collect and publish de-identified

data on referrals made under subsection (1), including the

following:

(a) types of referrals;

(b) sources of referrals;

(d) subjects of referrals.

46 Referral under section 45 by person in custody

Application of section

(1) This section applies if a person who is detained in custody (the

prisoner

) wishes to refer an allegation or information to the

Federal Integrity Commissioner under section 45.

(2) A reference in this section to a

custodian

is a reference to:

(a) the person in whose custody the prisoner is detained; or

(b) any other person performing duties in connection with the

prisoner's detention.

Facilities to be provided for communicating with Integrity

Commissioner

(3) The prisoner is entitled to be provided with facilities for:

(a) preparing a written record of the allegation or information;

and

(b) for enclosing that written record in a sealed envelope;

Dealing with corruption issues

Part 4

Section 46

No. , 2021

Australian Federal Integrity Commission Bill 2021

if the prisoner requests a custodian to have those facilities

provided.

(4) The prisoner is entitled to have sent to the Federal Integrity

Commissioner, without undue delay, a sealed envelope that is:

(a) delivered by the prisoner to a custodian; and

(b) addressed to the Federal Integrity Commissioner;

if the prisoner requests a custodian to have the envelope sent to the

Federal Integrity Commissioner.

(5) The prisoner is entitled to have delivered to the prisoner, without

undue delay, any sealed envelope that:

(a) is addressed to the prisoner; and

(b) is sent by the Federal Integrity Commissioner; and

custodian.

Dealing with communications between prisoner and Integrity

Commissioner

(6) If:

(a) the prisoner delivers to a custodian a sealed envelope

addressed to the Federal Integrity Commissioner for sending

to the Federal Integrity Commissioner; or

(b) a sealed envelope addressed to the prisoner and sent by the

Federal Integrity Commissioner comes into the possession, or

under the control, of a custodian;

neither that custodian, nor any other custodian, is entitled to open

the envelope or to inspect any document enclosed in the envelope.

Arrangements with State and Territory prison authorities

(7) For the purposes of this section, the Federal Integrity

Commissioner may make arrangements with the appropriate

authority of a State or a Territory for the identification and delivery

of sealed envelopes sent by the Federal Integrity Commissioner to

persons detained in custody in that State or Territory.

Part 4

Dealing with corruption issues

Division 1

Referring corruption issues to Federal Integrity Commissioner

Section 47

Australian Federal Integrity Commission Bill 2021

No. , 2021

47 Public officials must refer corruption issues

(1) As soon as practicable after a public official becomes aware of an

allegation, or information, that raises a corruption issue, the public

official must:

(a) refer the allegation or information to the Federal Integrity

Commissioner under section 45; or

(b) if the public official is an employee of a Commonwealth

agency other than the head of the agency--notify the head of

the agency of the allegation or information.

Note:

The head of a Commonwealth agency is a public official.

(2) Subsection (1) does not apply if the public official:

(a) has already taken action referred to in subsection (1) in

relation to the allegation or information; or

(b) has reasonable grounds to believe that the Federal Integrity

Commissioner is already aware of the allegation or

information.

(3) Action taken under subsection (1) by the head of a Commonwealth

agency must be taken in accordance with any direction, guidance

or agreement under section 48 that applies to the agency.

48 Federal Integrity Commissioner may enter into agreements etc.

with head of Commonwealth agency

(1) The Federal Integrity Commissioner may issue directions or

guidance to, or enter into an agreement with, the head of a

Commonwealth agency in relation to either or both of the

following matters:

(a) the level of detail required to refer an allegation or

information to the Federal Integrity Commissioner;

(b) the way in which information or documents in relation to an

allegation or information may be given to the Federal

Integrity Commissioner (whether for the purpose of referring

an allegation or information to the Federal Integrity

Commissioner or otherwise).

Dealing with corruption issues

Part 4

Section 48

No. , 2021

Australian Federal Integrity Commission Bill 2021

(2) The Federal Integrity Commissioner may revoke the direction,

guidance or agreement by written notice given to the head of the

agency. The revocation takes effect on a day specified in the

notice, which must be at least 14 days after the day it is given.

(3) Without limiting subsection (1), the direction, guidance or

agreement may set out how it may be varied and other ways how it

may be revoked.

Part 4

Dealing with corruption issues

Division 2

How Federal Integrity Commissioner deals with corruption issues

Section 49

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 2--How Federal Integrity Commissioner deals

with corruption issues

Subdivision A--General

49 How Federal Integrity Commissioner may deal with corruption

issues

(1) The Federal Integrity Commissioner may deal with a corruption

issue in any of the following ways:

(a) by investigating the corruption issue;

(b) if the corruption issue relates to a Commonwealth agency--

by referring the corruption issue to the agency for

investigation and:

(i) managing the investigation; or

(ii) overseeing the investigation; or

(iii) neither managing nor overseeing the investigation;

that is not the AFP--by referring the corruption issue to the

AFP for investigation and:

(i) managing the investigation; or

(ii) overseeing the investigation; or

(iii) neither managing nor overseeing the investigation;

(d) by managing an investigation of the corruption issue that is

being conducted by a Commonwealth agency;

(e) by overseeing an investigation of the corruption issue that is

being conducted by a Commonwealth agency.

(2) The Federal Integrity Commissioner may investigate the corruption

issue under paragraph (1)(a) either alone or jointly with another

government agency with appropriate functions or powers for the

purpose.

50 Criteria for deciding how to deal with a corruption issue

(1) The Federal Integrity Commissioner must have regard to the

matters set out in subsection (2) in deciding:

Dealing with corruption issues

Part 4

Section 50

No. , 2021

Australian Federal Integrity Commission Bill 2021

(a) how to deal with a corruption issue; or

(b) whether to take no further action in relation to a corruption

issue.

(2) The matters to which the Federal Integrity Commissioner must

have regard are the following:

(a) the need to ensure that the corruption issue is fully

investigated;

(b) the rights and obligations of any other agency to investigate

the corruption issue;

provides information in relation to the corruption issue,

including any need to protect the person's identity or

confidentiality or to protect the person from reprisal or

detrimental action;

(d) if a joint investigation of the corruption issue by the Federal

Integrity Commissioner and another agency is being

considered--the extent to which the other agency is able to

cooperate in the investigation;

(e) the resources that are available to any other agency to

investigate the corruption issue;

(f) the need to ensure a balance between:

(i) the Federal Integrity Commissioner's role in dealing

with corruption issues (particularly in dealing with

significant corruption issues); and

(ii) ensuring that the heads of Commonwealth agencies take

responsibility for managing their agencies;

(g) the likely significance of the corruption issue for any agency

and for the Commonwealth;

(h) any advice requested of the Assistant Federal Integrity

Commissioner for Research and Public Interest about the

seriousness and/or systematic nature of the corruption issue,

and the need for reform.

(3) Subsection (2) does not limit the matters to which the Federal

Integrity Commissioner may have regard.

Part 4

Dealing with corruption issues

Division 2

How Federal Integrity Commissioner deals with corruption issues

Section 51

Australian Federal Integrity Commission Bill 2021

No. , 2021

51 Dealing with multiple corruption issues

(1) The Federal Integrity Commissioner may, in the Federal Integrity

Commissioner's discretion, deal with a number of corruption

issues together (whether or not they are raised by the same

allegation or information).

(2) Without limiting subsection (1), if an allegation, or information,

raises a number of corruption issues, the Federal Integrity

Commissioner:

(a) may deal with some or all of those corruption issues together;

and

(b) may deal with some or all of those corruption issues

separately.

(3) Without limiting subsection (1), the Federal Integrity

Commissioner may prepare a single report in relation to a number

of corruption issues.

Subdivision B--Federal Integrity Commissioner dealing with

referred corruption issues

52 Federal Integrity Commissioner must make a decision

(1) If an allegation, or information, that raises a corruption issue is

referred to the Federal Integrity Commissioner under section 45,

the Federal Integrity Commissioner (in consultation with the

Assistant Federal Integrity Commissioner for Assessment,

Investigations and Inquiries) must decide:

(a) to deal with the corruption issue in one of the ways referred

to in subsection 49(1); or

(b) to take no further action in relation to the corruption issue.

(2) The Federal Integrity Commissioner must keep records of reasons

for decisions made under subsection (1).

Requesting information to assist in making the decision

(3) For the purposes of making a decision under subsection (1), the

Federal Integrity Commissioner may request the head of any

Dealing with corruption issues

Part 4

Section 52

No. , 2021

Australian Federal Integrity Commission Bill 2021

Commonwealth agency to give the Federal Integrity Commissioner

the information specified in the request.

(4) The head of the Commonwealth agency must comply with the

request.

(5) Subsection (3) does not limit the information to which the Federal

Integrity Commissioner may have regard in making a decision

under subsection (1).

Direction not to investigate

(6) If the corruption issue relates to a Commonwealth agency and the

Federal Integrity Commissioner decides to deal with the corruption

issue in one of the ways referred to in subsection 49(1), the Federal

Integrity Commissioner may direct the head of the agency that the

agency is not to investigate the corruption issue.

(7) If a direction under subsection (5) is given in writing, the direction

is not a legislative instrument.

Deciding to take no further action

(8) The Federal Integrity Commissioner may decide under

subsection (1) to take no further action in relation to the corruption

issue only if the Federal Integrity Commissioner is satisfied that:

(a) the corruption issue is already being, or will be, investigated

by another Commonwealth agency who the Commissioner is

satisfied is capable of independently conducting an

investigation into the issue; or

(b) the referral of the allegation, or information, that raises the

corruption issue is frivolous or vexatious; or

been, is or will be, the subject of proceedings before a court;

(d) investigation of the corruption issue is not warranted having

regard to all the circumstances, including the following:

(i) that the referral of the allegation, or information, that

raises the corruption issue lacks detail or evidence to

suggest the corruption issue actually exists;

Part 4

Dealing with corruption issues

Division 2

How Federal Integrity Commissioner deals with corruption issues

Section 53

Australian Federal Integrity Commission Bill 2021

No. , 2021

(ii) that the person referring the allegation, or information,

is too remote from the corruption issue.

(9) For the purposes of paragraph (8)(d), the Federal Integrity

Commissioner must consider whether the Commissioner could

make reasonable additional enquiries to obtain the detail or

evidence required.

(10) To avoid doubt, paragraph (8)(d) does not prevent the

Commissioner taking into account those circumstances when

performing other functions under this Act.

(11) If the corruption issue relates to a Commonwealth agency, the

Federal Integrity Commissioner must advise the head of the agency

of a decision under subsection (1) to take no further action in

relation to the corruption issue. That advice must be given:

(a) in writing; and

(b) as soon as reasonably practicable after the decision is made.

(12) This Act continues to apply to the head of a Commonwealth

agency given advice under subsection (11), in relation to the

corruption issue unless the Federal Integrity Commissioner advises

otherwise:

(a) in the advice given under subsection (11); or

(b) in a later written advice given to the head of that agency.

53 Advising person who refers corruption issue of decision about

how to deal with corruption issue

The Federal Integrity Commissioner may advise a person (or a

representative nominated by the person) of:

(a) the Federal Integrity Commissioner's decision under

section 52 in relation to a corruption issue raised by the

person in a referral under section 49; and

(b) any decision the Federal Integrity Commissioner makes

under section 58 on a reconsideration of how the corruption

issue should be dealt with.

Dealing with corruption issues

Part 4

Section 54

No. , 2021

Australian Federal Integrity Commission Bill 2021

54 Advising person to whom referred corruption issue relates of

decision about how to deal with corruption issue

If the Federal Integrity Commissioner makes a decision under

section 52 in relation to a referred corruption issue that relates to a

person, the Federal Integrity Commissioner may advise the person

of the Federal Integrity Commissioner's decision.

Subdivision C--Federal Integrity Commissioner dealing with

corruption issues on own initiative

55 Federal Integrity Commissioner may deal with corruption issues

on own initiative

Federal Integrity Commissioner may decide to deal with a

corruption issue

(1) If the Federal Integrity Commissioner becomes aware of an

allegation, or information, that raises a corruption issue, the

Federal Integrity Commissioner may, on the Federal Integrity

Commissioner's own initiative (in consultation with the Assistant

Integrity Commissioner for Public Interest Research and

Protection), deal with the corruption issue in one of the ways

referred to in subsection 49(1).

(2) Subsection (1) does not apply if the Federal Integrity

Commissioner becomes aware of the allegation or information

because of action taken under Division 1 of this Part.

Requesting information to assist in making the decision

(3) For the purposes of making a decision under subsection (1), the

Federal Integrity Commissioner may request the head of any

Commonwealth agency to give the Federal Integrity Commissioner

the information specified in the request.

(4) The head of the Commonwealth agency must comply with the

request.

Part 4

Dealing with corruption issues

Division 2

How Federal Integrity Commissioner deals with corruption issues

Section 56

Australian Federal Integrity Commission Bill 2021

No. , 2021

(5) Subsection (3) does not limit the information to which the Federal

Integrity Commissioner may have regard in making a decision

under subsection (1).

Direction not to investigate

(6) If the corruption issue relates to a Commonwealth agency and the

Federal Integrity Commissioner decides to deal with the corruption

issue in one of the ways referred to in subsection 49(1), the Federal

Integrity Commissioner may direct the head of the agency that the

agency is not to investigate the corruption issue.

(7) If a direction under subsection (6) is given in writing, the direction

is not a legislative instrument.

Becoming aware of another corruption issue

(8) Without limiting subsection (1), if the Federal Integrity

Commissioner:

(a) is investigating, or inquiring into, a particular corruption

issue; and

(b) in the course of doing so, becomes aware of an allegation, or

information, that raises another corruption issue;

the Federal Integrity Commissioner may deal with that other

corruption issue in one of the ways referred to in subsection 49(1).

56 Advising head of Commonwealth agency of decision to deal with

corruption issue on own initiative

Application of section

(1) This section applies if:

(a) the Federal Integrity Commissioner decides, on the Federal

Integrity Commissioner's own initiative, to deal with a

corruption issue in one of the ways referred to in

subsection 49(1); and

(b) the corruption issue relates to the conduct of a person who is

an employee of a Commonwealth agency (other than the

head of the agency).

Dealing with corruption issues

Part 4

Section 57

No. , 2021

Australian Federal Integrity Commission Bill 2021

Advising head of Commonwealth agency

(2) The Federal Integrity Commissioner must advise the head of that

Commonwealth agency of:

(a) the Federal Integrity Commissioner's decision to deal with

the corruption issue in that way; and

(b) any decision the Federal Integrity Commissioner makes

under section 56 on a reconsideration of how the corruption

issue should be dealt with.

Form and timing of advice

(3) The Federal Integrity Commissioner must advise the head of the

Commonwealth agency of the decision:

(a) in writing; and

(b) as soon as reasonably practicable after the decision is made.

Exception

(4) However, the Federal Integrity Commissioner need not advise the

head of the Commonwealth agency if doing so would be likely to

prejudice:

(a) the investigation of the corruption issue or another corruption

investigation; or

(b) any action taken as a result of an investigation referred to in

paragraph (a).

57 Advising person of decision to deal with corruption issue on own

initiative

If:

(a) the Federal Integrity Commissioner decides, on the Federal

Integrity Commissioner's own initiative (in consultation with

the Assistant Integrity Commissioner for Public Interest

Research and Protection), to deal with a corruption issue in

one of the ways referred to in subsection 49(1); and

(b) the corruption issue relates to a person who is, or has been, a

public official;

the Federal Integrity Commissioner may advise the person of:

Part 4

Dealing with corruption issues

Division 2

How Federal Integrity Commissioner deals with corruption issues

Section 58

Australian Federal Integrity Commission Bill 2021

No. , 2021

the corruption issue in that way; and

(d) any decision the Federal Integrity Commissioner makes

under section 58 on a reconsideration of how the corruption

issue should be dealt with.

Subdivision D--Reconsidering how to deal with a corruption

issue

58 Reconsidering how to deal with a corruption issue

(1) The Federal Integrity Commissioner may, at any time, reconsider

how a particular corruption issue should be dealt with.

(2) On that reconsideration, the Federal Integrity Commissioner may:

(a) if the corruption issue is not being dealt with in one of the

ways referred to in subsection 49(1)--decide to deal with the

corruption issue in accordance with one of the ways referred

to in that subsection; or

(b) if the corruption issue is being dealt with in one of the ways

referred to in subsection 49(1)--decide to deal with the

corruption issue in another of the ways referred to in that

subsection, or to take no further action in relation to the

corruption issue.

(3) The Federal Integrity Commissioner may decide under

subsection (2) to take no further action in relation to the corruption

issue only if the Federal Integrity Commissioner is satisfied that:

(a) the corruption issue is already being, or will be, investigated

by another Commonwealth agency; or

(b) the referral of the allegation, or information, that raises the

corruption issue is frivolous or vexatious; or

been, is or will be, the subject of proceedings before a court;

(d) further investigation of the corruption issue is not warranted

having regard to all the circumstances.

Dealing with corruption issues

Part 4

Section 59

No. , 2021

Australian Federal Integrity Commission Bill 2021

Division 3--Information sharing when decision made on

how to deal with corruption issue

59 If Commonwealth agency to conduct, or continue conducting,

investigation of corruption issue

(1) This section applies if:

(a) the Federal Integrity Commissioner decides to deal with a

corruption issue that relates to a Commonwealth agency by

referring the corruption issue to:

(i) the agency; or

(ii) the AFP;

for investigation; or

(b) an allegation, or information, that raises a corruption issue is

referred to the Federal Integrity Commissioner under

section 45 by the head of a Commonwealth agency and the

Commonwealth agency is investigating the corruption issue.

(2) The Federal Integrity Commissioner must give the head of the

Commonwealth agency investigating the corruption issue

information or a document if:

(a) the information or document:

(i) relates to the corruption issue to the extent to which the

agency is investigating the issue; and

(ii) is in the possession, or under the control, of the Federal

Integrity Commissioner; and

(b) the head of the agency does not already have the information

or document.

Note:

Under section 163, the Federal Integrity Commissioner has a

continuing obligation to pass on information that the Federal Integrity

Commissioner becomes aware of and that is relevant to the corruption

issue.

(3) The Federal Integrity Commissioner may give the original or a

copy of a document.

Part 4

Dealing with corruption issues

Division 3

Information sharing when decision made on how to deal with corruption

issue

Section 60

Australian Federal Integrity Commission Bill 2021

No. , 2021

60 If Commonwealth agency has already commenced investigating

corruption issue

(1) This section applies if:

(a) the Federal Integrity Commissioner decides to deal with a

corruption issue that relates to a Commonwealth agency in

one of the ways referred to in subsection 49(1); and

(b) the agency has started or continued investigating the

corruption issue before the Federal Integrity Commissioner

makes that decision.

(2) The Federal Integrity Commissioner may direct the head of the

agency investigating the corruption issue to give the Federal

Integrity Commissioner, or the head of another government

agency, all information or documents that:

(a) relate to the corruption issue; and

(b) are in the possession, or under the control, of the head of the

agency.

(3) The direction must be in writing.

(4) A direction given under this section is not a legislative instrument.

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 61

No. , 2021

Australian Federal Integrity Commission Bill 2021

Part 5--Investigations and public inquiries by the

Federal Integrity Commissioner

Division 1--Investigations

61 Application of Division

This Division applies if the Federal Integrity Commissioner

investigates a corruption issue (whether alone or jointly with

another person or persons).

62 Federal Integrity Commissioner to determine manner of

conducting investigation

The Federal Integrity Commissioner may conduct the investigation

in such manner as the Federal Integrity Commissioner thinks fit.

Note:

Part 6 provides for particular powers that are available to the Federal

Integrity Commissioner for the purposes of the investigation.

63 Information sharing for joint investigation

(1) If:

(a) the Federal Integrity Commissioner is investigating a

corruption issue jointly with another government agency; and

(b) information or documents in relation to the investigation are

in the possession, or under the control, of the Federal

Integrity Commissioner; and

or documents;

the Federal Integrity Commissioner may give the head of the

agency the information or documents.

(2) The Federal Integrity Commissioner may give the head of the

agency the original or a copy of a document under subsection (1).

Part 5

Investigations and public inquiries by the Federal Integrity Commissioner

Division 1

Investigations

Section 64

Australian Federal Integrity Commission Bill 2021

No. , 2021

64 Opportunity to be heard

Opinion or finding critical

(1) Subject to subsection (2), the Federal Integrity Commissioner must

not include in a report under section 66 in relation to an

investigation of a corruption issue an opinion or finding that is

critical of a Commonwealth agency or a person (either expressly or

impliedly) unless the Federal Integrity Commissioner has taken the

action required by subsection (3) or (4) before completing the

investigation.

(2) Subsection (1) does not apply if the Federal Integrity

Commissioner is satisfied that:

(a) a person may have:

(i) committed a criminal offence; or

(ii) contravened a civil penalty provision; or

(iii) engaged in conduct that could be the subject of

disciplinary proceedings; or

(iv) engaged in conduct that could be grounds for

terminating the person's appointment or employment;

and

(b) taking action under subsection (3) or (4) would compromise

the effectiveness of:

(i) the investigation of the corruption issue or another

corruption investigation; or

(ii) any action taken as a result of an investigation referred

to in subparagraph (i).

Opportunity to appear and make submissions

(3) If the opinion or finding is critical of a Commonwealth agency, the

Federal Integrity Commissioner must give the head of the

Commonwealth agency:

(a) a statement setting out the opinion or finding; and

(b) a reasonable opportunity to appear before him or her and to

make submissions in relation to the opinion or finding.

Investigations and public inquiries by the Federal Integrity Commissioner

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Section 64

No. , 2021

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(4) If the opinion or finding is critical of a person, the Federal Integrity

Commissioner must give the person:

(a) a statement setting out the opinion or finding; and

(b) a reasonable opportunity to appear before him or her and to

make submissions in relation to the opinion or finding.

(5) Submissions under subsection (3) or (4) may be made orally or in

writing.

Representation

(6) The head of a Commonwealth agency may:

(a) appear before the Federal Integrity Commissioner personally;

(b) authorise another person to appear before the Federal

Integrity Commissioner on the head of the agency's behalf.

(7) A person referred to in subsection (4):

(a) may appear before the Federal Integrity Commissioner

personally; or

(b) may be represented by a legal practitioner; or

represented by another person.

Part 5

Investigations and public inquiries by the Federal Integrity Commissioner

Division 2

Reporting in relation to investigations

Section 65

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 2--Reporting in relation to investigations

Subdivision A--Reporting during investigation

65 Federal Integrity Commissioner may keep person who referred

corruption issue informed of progress of investigation

The Federal Integrity Commissioner may keep a person (or a

representative nominated by the person) informed of the progress

of an investigation of a corruption issue if the person raised the

corruption issue in a referral under section 45.

Subdivision B--Reporting at the end of investigation

66 Report on investigation

Report and its contents

(1) After completing an investigation of a corruption issue, the Federal

Integrity Commissioner must prepare a report on the investigation.

(2) The report must set out:

(a) the reasons why the investigation was in the public interest

(including whether the corruption issue was serious and/or

systemic) and any related advice requested of the Assistant

Federal Integrity Commissioner for Research and Public

Interest; and

(b) the Federal Integrity Commissioner's findings on the

corruption issue; and

based; and

(d) any action that the Federal Integrity Commissioner has taken,

or proposes to take, under Part 7 in relation to the

investigation; and

(e) any recommendations that the Federal Integrity

Commissioner thinks fit to make and, if recommendations are

made, the reasons for those recommendations.

This subsection has effect subject to subsections (4) and (5).

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 66

No. , 2021

Australian Federal Integrity Commission Bill 2021

Note 1:

See section 64 for the need for the Federal Integrity Commissioner to

give certain people an opportunity to be heard before including critical

statements in a report.

Note 2:

The Federal Integrity Commissioner may publish the report if

satisfied that it is in the public interest to do so: see section 242. Under

section 236, the report must be tabled in each House of the Parliament

if a public hearing has been held in the course of the investigation to

which the report relates.

(3) Without limiting paragraph (2)(d), the Federal Integrity

Commissioner may recommend:

(a) taking action in relation to a person, in accordance with

relevant procedures, with a view to the person improving the

person's performances; or

(b) the termination of the employment of a person in accordance

with the relevant procedures; or

of a person; or

(d) the adoption of measures to remedy deficiencies in the

policy, procedures or practices that facilitated:

(i) a person engaging in corrupt conduct; or

(ii) the failure to detect corrupt conduct engaged in by a

person;

(e) taking appropriate action with a view to having a person

charged with a criminal offence; or

(f) taking appropriate action to initiate disciplinary proceedings

against a person.

(4) The Federal Integrity Commissioner may exclude information

from the report if the Federal Integrity Commissioner is satisfied

that:

(a) the information is sensitive information or the inclusion of

the information may:

(i) endanger a person's life or physical safety; or

(ii) prejudice proceedings brought as a result of a corruption

investigation or public inquiry, or an investigation of a

corruption issue that the Federal Integrity Commissioner

manages or oversees; or

Part 5

Investigations and public inquiries by the Federal Integrity Commissioner

Division 2

Reporting in relation to investigations

Section 67

Australian Federal Integrity Commission Bill 2021

No. , 2021

(iii) compromise operational activities, or methodologies, of

AFIC; and

(b) it is desirable in the circumstances to exclude the information

from the report.

(5) In deciding whether to exclude information from the report under

subsection (4), the Federal Integrity Commissioner must seek to

achieve an appropriate balance between:

(a) the public interest that would be served by including the

information in the report; and

(b) the prejudicial consequences that might result from including

the information in the report.

Supplementary report

(6) If the Federal Integrity Commissioner excludes information from a

report under subsection (4), the Federal Integrity Commissioner

must prepare a supplementary report that sets out:

(a) the information; and

(b) the reasons for excluding the information from the report

under subsection (4).

67 Federal Integrity Commissioner to give report to Minister

The Federal Integrity Commissioner must give the Minister:

(a) the report prepared under subsection 66(1); and

(b) if a supplementary report is prepared under subsection 66(6)

in relation to the investigation--the supplementary report.

Note:

Section 236 provides that the Minister must table a copy of the report

prepared under subsection 66(1) in each House of the Parliament if a

public hearing has been held in the course of the investigation to

which the report relates. The Minister is not required, however, to

table a copy of a supplementary report under subsection 66(6) in each

House of the Parliament.

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 68

No. , 2021

Australian Federal Integrity Commission Bill 2021

68 Advising person who referred corruption issue of outcome of the

investigation

Advice to person who referred issue under section 45

(1) The Federal Integrity Commissioner may advise a person (or a

representative nominated by the person) of the outcome of an

investigation of a corruption issue raised by the person in a referral

under section 45.

Manner of giving advice

(2) One way of advising the person (or the representative) is to give a

copy of all or part of any report prepared under subsection 66(1) in

relation to the investigation.

(3) In advising the person of the outcome of the investigation, the

Federal Integrity Commissioner may exclude information from the

advice if the Federal Integrity Commissioner is satisfied that:

(a) the information is sensitive information; and

(b) it is desirable in the circumstances to exclude the information

from the advice.

(4) In deciding whether to exclude information from the advice under

paragraph (3)(b), the Federal Integrity Commissioner must seek to

achieve an appropriate balance between:

(a) the person's interest in having the information included in the

advice; and

(b) the prejudicial consequences that might result from including

the information in the advice.

69 Advising person whose conduct is investigated of outcome of the

investigation

(1) If the Federal Integrity Commissioner investigates a corruption

issue that relates to a person, the Federal Integrity Commissioner

must:

(a) advise the person of the outcome of the investigation; and

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Reporting in relation to investigations

Section 70

Australian Federal Integrity Commission Bill 2021

No. , 2021

(b) allow the person an opportunity to respond to the outcome

before any report prepared in relation to the investigation

under subsection 66(1) is published.

(2) Without limiting subsection (1), the Federal Integrity

Commissioner must advise the person of the outcome of the

investigation by giving the person a copy of the whole or a part of

the report prepared in relation to the investigation under

subsection 66(1).

(3) In advising the person under subsection (1), the Federal Integrity

Commissioner may exclude information from the advice if the

Federal Integrity Commissioner is satisfied that:

(a) the information is sensitive information; and

(b) it is desirable in the circumstances to exclude the information

from the advice.

(4) In deciding whether to exclude information from the advice under

subsection (3), the Federal Integrity Commissioner must seek to

achieve an appropriate balance between:

(a) the person's interest in having the information included in the

advice; and

(b) the prejudicial consequences that might result from including

the information in the advice.

70 Standalone reports for critical views or reputational risks

(1) If during an investigation of a corruption issue, the Federal

Integrity Commissioner:

(a) holds a public hearing that involves testing a critical view or

opinion of a person; and

(b) the person is exonerated of that critical view or opinion in the

course of the investigation;

the Federal Integrity Commissioner must, in addition to the report

required under subsection 66(1), produce a standalone report that

sets out that finding.

(2) If during an investigation of a corruption issue, the Federal

Integrity Commissioner:

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 70

No. , 2021

Australian Federal Integrity Commission Bill 2021

(a) holds a public hearing that involves subjecting a witness to

high personal reputational risk by the witness being publicly

associated with the investigation; and

(b) no critical views or opinions are formed about that person in

the course of the investigation;

the Federal Integrity Commissioner must, in addition to the report

required under subsection 66(1), produce a standalone report that

sets out that finding.

(3) The Federal Integrity Commissioner must give a report under

subsection (1) or (2):

(a) to the person referred to in paragraph (1)(a) or (2)(a) (as the

case requires); and

(b) to the Minister.

Note:

Section 236 provides that the Minister must table a copy of the report

in each House of the Parliament.

Part 5

Investigations and public inquiries by the Federal Integrity Commissioner

Division 3

Conducting a public inquiry

Section 71

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 3--Conducting a public inquiry

71 Federal Integrity Commissioner may conduct public inquiry

The Federal Integrity Commissioner may conduct a public inquiry

in relation to a corruption issue or issues if the Federal Integrity

Commissioner is satisfied that it is in the public interest to do so

based on the following (and any related advice requested of the

Assistant Federal Integrity Commissioner for Research and Public

Interest):

(a) the seriousness and/or systemic nature of the corruption issue

or issues;

(b) the prevalence of, or risk of occurrence of, the corruption

issue or issues;

corruption issue or issues.

Note:

Part 6 provides for particular powers that are available to the Federal

Integrity Commissioner for the purposes of the public inquiry.

72 Publicising inquiry

(1) The Federal Integrity Commissioner must invite submissions on

the corruption issue that is to be the subject of the public inquiry.

Note:

Subsection 114(1) provides certain protections for people who make

submissions.

(2) The invitation must specify the closing date for submissions.

(3) If the Federal Integrity Commissioner receives a submission, the

Federal Integrity Commissioner may, if satisfied that it is in the

public interest to do so, authorise it to be published on AFIC's

website.

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 73

No. , 2021

Australian Federal Integrity Commission Bill 2021

Division 4--Reporting in relation to public inquiries

73 Report on public inquiry

Report and its contents

(1) After conducting a public inquiry, the Federal Integrity

Commissioner must prepare a report on the inquiry.

(2) The report must set out:

(a) the reasons why the public inquiry was in the public interest

(including whether the corruption issue was serious and/or

systemic) and any related advice requested of the Assistant

Federal Integrity Commissioner for Research and Public

Interest; and

(b) the Federal Integrity Commissioner's findings as a result of

the public inquiry; and

based; and

(d) any action that the Federal Integrity Commissioner has taken,

or proposes to take, under Part 7 in relation to the inquiry;

and

(e) any recommendations that the Federal Integrity

Commissioner thinks fit to make and, if recommendations are

made, the reasons for those recommendations.

Note:

Under section 236, the report must be tabled in each House of the

Parliament.

Sensitive information etc.

(3) The Federal Integrity Commissioner may exclude information

from the report if the Federal Integrity Commissioner is satisfied

that:

(a) the information is sensitive information or the inclusion of

the information may:

(i) endanger a person's life or physical safety; or

(ii) prejudice proceedings brought as a result of a corruption

investigation or public inquiry, or an investigation of a

Part 5

Investigations and public inquiries by the Federal Integrity Commissioner

Division 4

Reporting in relation to public inquiries

Section 74

Australian Federal Integrity Commission Bill 2021

No. , 2021

corruption issue that the Federal Integrity Commissioner

manages or oversees; or

(iii) compromise operational activities, or methodologies, of

AFIC; and

(b) it is desirable in the circumstances to exclude the information

from the report.

(4) In deciding whether to exclude information from the report under

subsection (3), the Federal Integrity Commissioner must seek to

achieve an appropriate balance between all of the following:

(a) the public interest that would be served by including the

information in the report;

(b) the prejudicial consequences that might result from including

the information in the report;

Supplementary report

(5) If, under subsection (4), the Federal Integrity Commissioner

excludes information from a report prepared under subsection (1),

the Federal Integrity Commissioner must prepare a supplementary

report that sets out:

(a) the information; and

(b) the reasons for excluding the information from the report

under subsection (3).

74 Giving report to Minister

The Federal Integrity Commissioner must give the Minister:

(a) the report prepared under subsection 73(1); and

(b) if a supplementary report is prepared under

subsection 73(5)--the supplementary report.

Note:

Section 236 provides that the Minister must table a copy of the report

prepared under subsection 73(1) in each House of the Parliament. The

Minister is not required, however, to table a copy of a supplementary

report under subsection 73(5) in each House of the Parliament.

Investigations and public inquiries by the Federal Integrity Commissioner

Part 5

Section 75

No. , 2021

Australian Federal Integrity Commission Bill 2021

75 Standalone reports for critical views or reputational risks

(1) If during a public inquiry, the Federal Integrity Commissioner:

(a) holds a public hearing that involves testing a critical view or

opinion of a person; and

(b) the person is exonerated of that critical view or opinion in the

course of the inquiry;

the Federal Integrity Commissioner must, in addition to the report

required under subsection 74(1), produce a standalone report that

sets out that finding.

(2) If during a public inquiry, the Federal Integrity Commissioner:

(a) holds a public hearing that involves subjecting a witness to

high personal reputational risk by the witness being publicly

associated with the investigation; and

(b) no critical views or opinions are formed about that person in

the course of the investigation;

the Federal Integrity Commissioner must, in addition to the report

required under subsection 74(1), produce a standalone report that

sets out that finding.

(3) The Federal Integrity Commissioner must give a report under

subsection (1) or (2):

(a) to the person referred to in paragraph (1)(a) or (2)(a) (as the

case requires); and

(b) to the Minister.

Note:

Section 236 provides that the Minister must table a copy of the report

in each House of the Parliament.

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 76

Australian Federal Integrity Commission Bill 2021

No. , 2021

Part 6--Federal Integrity Commissioner's powers

in conducting investigations and public

inquiries

Division 1--Requiring people to give information or

produce documents or things

Subdivision A--Requirement by Federal Integrity

Commissioner

76 Notice to give information or to produce document or thing

Giving notice

(1) For the purpose of investigating a corruption issue, the Federal

Integrity Commissioner may, by notice in writing, require a person

to do either or both of the following:

(a) give the information specified in the notice;

(b) produce the documents or things specified in the notice;

if the Federal Integrity Commissioner has reasonable grounds to

suspect that the information, documents or things will be relevant

to the investigation.

Note:

In certain cases, disclosing the existence of a notice, or any

information about it, is an offence: see section 81.

(2) The Federal Integrity Commissioner may require that information

specified under paragraph (1)(a) is to be given in writing.

(3) The notice must:

(a) be served on the person; and

(b) be signed by the Federal Integrity Commissioner; and

the person must comply with the notice.

(4) The period specified under paragraph (3)(c) must be at least 14

days after the day the notice is served on the person, unless the

Federal Integrity Commissioner considers that allowing a 14-day

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 77

No. , 2021

Australian Federal Integrity Commission Bill 2021

period would significantly prejudice a corruption investigation, in

which case a shorter period may be specified.

(5) If a shorter period is specified under paragraph (3)(c), the Federal

Integrity Commissioner must record, in writing:

(a) the name of the corruption investigation that would be

prejudiced; and

(b) why a 14-day period would significantly prejudice the

investigation.

(6) The Federal Integrity Commissioner may serve a notice on a

person without holding a hearing.

77 Compliance with notice

Compliance with notice

(1) A person served with a notice under section 76 must comply with

the notice:

(a) within the period specified in the notice; or

(b) within such further time as the Federal Integrity

Commissioner allows under subsection (3).

Note:

Failure to comply with a notice is an offence: see section 81.

Extension of time

(2) A person served with a notice under section 77 may apply to the

Federal Integrity Commissioner, in writing, for further time to

comply with the notice:

(a) before the period expires; or

(b) as soon as possible after the period expires.

(3) The Federal Integrity Commissioner may allow a person served

with a notice further time to comply with the notice whether or not

an application has been made.

Acknowledgement

(4) If a person served with a notice has given the information and/or

produced the documents or things specified in the notice, the

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 78

Australian Federal Integrity Commission Bill 2021

No. , 2021

Federal Integrity Commissioner must give the person a written

acknowledgement of that fact.

78 Federal Integrity Commissioner may retain documents and

things

(1) If a document or thing is produced in accordance with a notice

under section 76, the Federal Integrity Commissioner:

(a) may take possession of, and may make copies of, the

document or thing, or take extracts from the document; and

(b) may retain possession of the document or thing for such

period as is necessary for the purposes of the investigation to

which the document or thing relates.

(2) While the Federal Integrity Commissioner retains the document or

thing, the Federal Integrity Commissioner must allow a person who

would otherwise be entitled to inspect the document or view the

thing to do so at the times that the person would ordinarily be able

to do so.

Subdivision B--Prohibitions against disclosing information

about notices

79 Disclosure of notice may be prohibited

Application

(1) This section applies in respect of a notice served on a person under

section 76.

Notation prohibiting disclosure of information about notice

(2) The Federal Integrity Commissioner may include a notation in the

notice to the effect that disclosure of information about:

(a) the notice; or

(b) any official matter connected with the notice;

is prohibited except in the circumstances (if any) specified in the

notation.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 79

No. , 2021

Australian Federal Integrity Commission Bill 2021

(3) The Federal Integrity Commissioner must include a notation in the

notice if the Federal Integrity Commissioner is satisfied that failure

to do so would reasonably be expected to prejudice:

(a) a person's safety or reputation; or

(b) a person's fair trial, if the person has been charged with an

offence or such a charge is imminent; or

corruption investigation; or

(d) any action taken as a result of an investigation referred to in

paragraph (c).

(4) The Federal Integrity Commissioner may include a notation in the

notice if the Federal Integrity Commissioner is satisfied that:

(a) failure to do so might prejudice:

(i) a person's safety or reputation; or

(ii) a person's fair trial, if the person has been charged with

an offence or such a charge is imminent; or

(iii) the investigation to which the notice relates or another

corruption investigation; or

(iv) any action taken as a result of an investigation referred

to in subparagraph (iii); or

(b) failure to do so might otherwise be contrary to the public

interest.

(5) The Federal Integrity Commissioner must not include a notation in

the notice in any other case.

Written statement to accompany notation

(6) If a notation is included in the notice, it must be accompanied by a

written statement setting out the rights and obligations conferred or

imposed by section 80 on the person on whom the notice is served.

Cancellation of notation

(7) A notation included in the notice is cancelled by this subsection if:

(a) the Federal Integrity Commissioner concludes the

investigation to which the notice relates; and

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 80

Australian Federal Integrity Commission Bill 2021

No. , 2021

(b) any criminal proceedings or civil penalty proceedings

resulting from the investigation are commenced.

(8) If a notation is cancelled by subsection (7), the Federal Integrity

Commissioner must advise the person who was served with the

notated notice, in writing, of the cancellation.

Relationship of notation with the Privacy Act 1988

(9) If:

(a) a notation has been included in the notice in relation to the

disclosure of information about the notice or any official

matter connected with the notice; and

(b) the notation has not been cancelled; and

meaning of the

Privacy Act 1988

) would be required, under

subsection 20E(5) of that Act, to make a note about the

disclosure of the information;

such a note must not be made until the notation is cancelled.

80 Offences of disclosure

(1) A person commits an offence if:

(a) the person is served with a notice under section 76; and

(b) the notice includes a notation under section 79; and

about:

(i) the notice; or

(ii) any official matter connected with the notice; and

(d) when the disclosure is made:

(i) the notation has not been cancelled by subsection 79(7);

and

(ii) the period of 5 years after the notice is served under

section 76 has not ended.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) In proceedings for an offence against subsection (1), it is a defence

if the person makes the disclosure:

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 80

No. , 2021

Australian Federal Integrity Commission Bill 2021

(a) in the circumstances, if any, permitted by the terms of the

notation; or

(b) to a legal practitioner for the purpose of obtaining legal

advice or representation in relation to the notice; or

under section 276 in relation to the notice; or

(d) if the person is a body corporate--to an officer or agent of

the body corporate for the purpose of ensuring compliance

with the notice; or

(e) if the person is a legal practitioner--for the purpose of

obtaining the agreement of another person under

subsection 82(3) to the legal practitioner answering a

question or producing a document or thing.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (2): see subsection 13.3(3) of the

Criminal Code

(3) A person commits an offence if:

(a) a disclosure is made to a person about:

(i) a notice under section 76 that includes a notation under

section 79; or

(ii) any official matter connected with a notice under

section 76 that includes a notation under section 79; and

(b) the disclosure is permitted under subsection (2) or (4)

because the person is a person of a particular kind; and

the existence of, or any information about:

(i) the notice; or

(ii) any official matter connected with the notice; and

(d) when the disclosure by the person is made:

(i) the notation has not been cancelled by subsection 79(7);

and

(ii) the period of 5 years after the notice is served under

section 76 has not ended.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(4) In proceedings for an offence against subsection (3), it is a defence

if the person discloses the information:

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 80

Australian Federal Integrity Commission Bill 2021

No. , 2021

(a) if the person is an officer or agent of a body corporate

referred to in paragraph (2)(d):

(i) to another officer or agent of the body corporate for the

purpose of ensuring compliance with the notice; or

(ii) to a legal practitioner for the purpose of obtaining legal

advice or representation in relation to the notice; or

(iii) to a legal aid officer for the purpose of seeking

assistance under section 224 in relation to the notice; or

(b) if the person is a legal practitioner--for the purpose of giving

legal advice, making representations, or seeking assistance

under section 276, in relation to the notice; or

obtaining legal advice or representation in relation to the

notice.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (4): see subsection 13.3(3) of the

Criminal Code

(5) A person commits an offence if:

(a) a disclosure is made to a person about:

(i) a notice under section 76 that includes a notation under

section 80; or

(ii) any official matter connected with a notice under

section 76 that includes a notation under section 79; and

(b) the disclosure is permitted under subsection (2) or (4)

because the person is a person of a particular kind; and

person:

(i) makes a record of the notice; or

(ii) discloses the existence of the notice; or

(iii) discloses any information about the notice or the

existence of it; and

(d) when the record, or disclosure, is made by the person:

(i) the notation has not been cancelled by subsection 79(7);

and

(ii) the period of 5 years after the notice is served under

section 2 has not ended.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

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Section 81

No. , 2021

Australian Federal Integrity Commission Bill 2021

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(6) A reference in this section to disclosing something's existence

includes disclosing information from which a person could

reasonably be expected to infer its existence.

Subdivision C--Offence and related provisions

81 Failure to comply with notice

(1) A person commits an offence if:

(a) the person is served with a notice under section 76; and

(b) the person fails to comply with the notice:

(i) within the period specified in the notice; or

(ii) if the Federal Integrity Commissioner has allowed the

person further time under subsection 77(3)--within

such further time.

Note 1:

If a notice requires a document or thing to be produced, a legal

practitioner may refuse to produce the document or thing in certain

circumstances: see section 82.

Note 2:

This section is not subject to the privilege against self-incrimination

but there are limits on the uses to which the evidence the person gives

may be put: see section 83.

Penalty: Imprisonment for 2 years.

(2) In proceedings for an offence against subsection (1), it is a defence

if it is not reasonably practicable for the person to comply with the

notice:

(a) within the period specified in the notice; or

(b) within such further time as allowed by the Federal Integrity

Commissioner under subsection 77(3).

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (2): see subsection 13.3(3) of the

Criminal Code

82 Legal practitioner not required to disclose privileged

communications

(1) A legal practitioner may refuse:

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 82

Australian Federal Integrity Commission Bill 2021

No. , 2021

(a) to give information; or

(b) to produce a document or thing;

when served with a notice to do so under section 76 if the

information would disclose, or the document contains, a privileged

communication made by the legal practitioner (or to the legal

practitioner) for the purpose of providing legal professional

services in relation to the appearance, or reasonably anticipated

appearance, of a person at a compulsory examination or public or

private hearing before the Federal Integrity Commissioner.

(2) Subsection (1) has effect subject to paragraph 83(4)(c).

(3) Subsection (1) does not apply if the person to whom the

communication was made (or by whom the communication was

made) agrees to the legal practitioner:

(a) giving the information; or

(b) producing the document or thing.

(4) If the legal practitioner refuses:

(a) to give the information; or

(b) to produce the document or thing;

he or she must, if required by the Federal Integrity Commissioner,

give the Federal Integrity Commissioner the name and address of

the person to whom the communication was made (or by whom the

communication was made).

(5) If a legal practitioner gets agreement, as mentioned in

subsection (3):

(a) the fact that he or she:

(i) gives information; or

(ii) produces a document or thing;

does not otherwise affect a claim of legal professional

privilege that anyone may make in relation to that

information, document or thing; and

(b) the information or document does not cease to be the subject

of legal professional privilege merely because it is given,

produced or referred to.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 83

No. , 2021

Australian Federal Integrity Commission Bill 2021

83 Self-incrimination etc.

Self-incrimination

(1) A person is not excused from:

(a) giving information; or

(b) producing a document or thing;

when served with a notice to do so under section 76 on the ground

that doing so would tend to incriminate the person.

(2) Subsection (3) does not apply to the production of a document that

is, or forms part of, a record of an existing or past business.

(3) None of the following:

(a) the information given;

(b) the document or thing produced;

is admissible in evidence against the person in criminal

proceedings other than:

(d) confiscation proceedings; or

(e) proceedings for an offence against section 137.1 or 137.2 of

the

Criminal Code

(which deals with false or misleading

information or documents) that relates to this Act; or

(f) proceedings for an offence against section 149.1 of the

Criminal Code

(which deals with obstruction of

Commonwealth public officials) that relates to this Act; or

(g) disciplinary proceedings against the person if the person is an

employee of a Commonwealth agency.

Public interest grounds

(4) A person is not excused from:

(a) giving information; or

(b) producing a document or thing;

when served with a notice to do so under section 76 on the ground

that doing so:

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 1

Requiring people to give information or produce documents or things

Section 84

Australian Federal Integrity Commission Bill 2021

No. , 2021

(i) legal advice given to a Minister or a Commonwealth

agency;

(ii) a communication between an officer of a

Commonwealth agency and another person or body,

being a communication protected against disclosure by

legal professional privilege; or

(d) would breach a secrecy provision other than:

(i) a taxation secrecy provision; or

(ii) a law enforcement secrecy provision; or

(e) would be otherwise contrary to the public interest.

(5) The fact that a person is not excused under subsection (4) from:

(a) giving information; or

(b) producing a document or thing;

does not otherwise affect a claim of legal professional privilege

that anyone may make in relation to that information, document or

thing.

(6) A person does not commit an offence, and is not liable to any

penalty, under the provisions of any other enactment (other than a

taxation secrecy provision or a law enforcement secrecy provision)

because the person gives information, or produces a document or

thing, when required to do so under section 76.

84 Protection of person required to give information or produce

documents or things

(1)

A person who gives information, or produces a document or thing,

to the Federal Integrity Commissioner in response to a notice under

section 76 has the same protection as a witness in proceedings in

the High Court.

(2) Subsection (3) applies if it appears to the Federal Integrity

Commissioner that, because a person:

(a) is to give information, or produce a document or thing; or

(b) has given information, or produced a document or thing;

to the Federal Integrity Commissioner in response to a notice under

section 76, either:

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 84

No. , 2021

Australian Federal Integrity Commission Bill 2021

prejudiced; or

(d) the person or any other person may be subjected to

intimidation or harassment.

(3) The Federal Integrity Commissioner may make such arrangements

as are necessary:

(a) to protect the safety of any person mentioned in

paragraph (2)(c); or

(b) to protect any person mentioned in paragraph (2)(d) from

intimidation or harassment.

(4) For the purpose of subsection (3), the arrangements that the

Federal Integrity Commissioner may make include arrangements

with:

(a) members of the AFP; or

(b) members of the police force of a State or Territory.

(5) This section does not affect the

Witness Protection Act 1994

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 85

Australian Federal Integrity Commission Bill 2021

No. , 2021

Division 2--Conducting hearings

Subdivision A--General provisions

85 Federal Integrity Commissioner

may hold hearings

Federal Integrity Commissioner may hold hearings for

investigations or public inquiries

(1) The Federal Integrity Commissioner may hold a hearing for the

purpose of:

(a) investigating a corruption issue; or

(b) conducting a public inquiry.

(2) Subject to subsections (3) to (5), a hearing may be conducted in

such manner as the Federal Integrity Commissioner thinks fit.

Hearing in relation to an investigation of a corruption issue

(3) The Federal Integrity Commissioner may decide to hold the whole

(or a part) of a hearing in relation to an investigation of corruption

issue either in public or in private if the Commissioner considers it

is in the public interest to do so.

(4) In deciding under subsection (3) whether it is in the public interest

that a hearing (or a part of a hearing) is to be held in public or in

private, the Federal Integrity Commissioner must have regard to

the following:

(a) any advice provided by the Assistant Federal Integrity

Commissioner for Research and Public Interest about the

seriousness and/or systemic nature of the type of corruption

issue;

(b) whether evidence that may be given by the person, or a

matter that may arise during the hearing (or that part of the

hearing), relates to the confidential operations of the

commission or to the alleged or suspected commission of an

offence;

matter that may arise during the hearing (or that part of the

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 85

No. , 2021

Australian Federal Integrity Commission Bill 2021

hearing), is of a confidential nature, including (but not

limited to) a journalistic source;

(d) any unfair prejudice to a person's reputation or unfair

exposure of a person's private life that would be likely to be

caused if the evidence was given in public, or a matter that

may arise during the hearing (or that part of the hearing) is

held in public (including by way of simple association with

the commission);

(e) whether the person has a particular vulnerability (such as

membership of a minority group);

(f) whether the person is under the direct instruction or control

of another person (such as a junior staff member or other

relationship that involves significant power differentials);

(g) any other relevant matter.

Note:

If the hearing is to be held in public, a witness may request that the

witness's evidence be taken in private: see section 93.

Hearing in relation to a public inquiry

(5) A hearing in relation to a public inquiry must be held in public.

However, a part of a hearing in relation to a public inquiry may be

held in private if the Federal Integrity Commissioner so directs.

Note:

A witness may request that the witness's evidence be taken in private:

see section 93.

Record of hearing

(6) The Federal Integrity Commissioner must make a record of a

hearing.

(7) If the Federal Integrity Commissioner is conducting a public

inquiry, the record of the hearing must include:

(a) any document produced to the Federal Integrity

Commissioner at the hearing; or

(b) a description of any thing (other than a document) produced

to the Federal Integrity Commissioner at the hearing;

unless the Federal Integrity Commissioner directs otherwise.

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 86

Australian Federal Integrity Commission Bill 2021

No. , 2021

Direction is not a legislative instrument

(8) If a direction under this section is given in writing, the direction is

not a legislative instrument.

86 Federal Integrity Commissioner may summon person

(1) The Federal Integrity Commissioner may summon a person to

attend a hearing at a time and place specified in the summons to do

either or both of the following:

(a) give evidence;

(b) produce any documents or other things referred to in the

summons;

if the Federal Integrity Commissioner has reasonable grounds to

suspect that the evidence, documents or things will be relevant to

the investigation of a corruption issue or the conduct of a public

inquiry.

Note 1:

Disclosing the existence of a summons, or any information about it,

may be an offence: see section 80.

Note 2:

Failure to comply with a summons is an offence: see section 96.

Note 3:

A person may apply for legal and financial assistance in respect of his

or her attendance: see section 112.

(2) A summons must:

(a) be in writing and signed by the Federal Integrity

Commissioner; and

(b) be served on the person required to attend a hearing.

The Federal Integrity Commissioner must record in writing the

reasons for the summons. The record must be made at or before the

time the summons is issued.

(3) The matters in relation to which the Federal Integrity

Commissioner may require the person to give evidence, or produce

documents or things, at the hearing may include:

(a) the subject matter of any charge, or imminent charge, against

the person; and

(b) the subject matter of any confiscation proceeding, or

imminent confiscation proceeding, against the person.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 86

No. , 2021

Australian Federal Integrity Commission Bill 2021

(4) If the hearing is held for the purpose of investigating a corruption

issue, a summons requiring a person to give evidence must set out,

so far as is reasonably practicable, the general nature of the matters

in relation to which the Federal Integrity Commissioner intends to

question the person.

(5) Subsection (4) does not prevent the Federal Integrity

Commissioner from questioning the person in relation to:

(a) any aspect of the corruption issue to which the hearing

relates; or

(b) another corruption issue.

(6) Subsection (4) does not apply if the Federal Integrity

Commissioner is satisfied that complying with that subsection is

likely to prejudice:

(a) the investigation to which the hearing relates or another

corruption investigation; or

(b) any action taken as a result of an investigation referred to in

paragraph (a).

(7) The Federal Integrity Commissioner may, at the hearing, require

the witness to produce a document or other thing.

(8) A witness appearing at a hearing is entitled to be paid by the

Commonwealth any allowances for travelling and other expenses

that are prescribed by the regulations.

(9) Without limiting its effect apart from this subsection, this Act also

has the effect it would have if:

(a) subsection (3) had not been enacted; or

(b) subsection (3) were, by express provision, confined to

dealing with a charge against the person or such a charge that

is imminent; or

dealing with a confiscation proceeding against the person that

has commenced or is imminent.

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 87

100

Australian Federal Integrity Commission Bill 2021

No. , 2021

87 Federal Integrity Commissioner may take evidence outside

Australia

If arrangements have been made between Australia and another

country in relation to the taking of evidence in that country by the

Federal Integrity Commissioner for a hearing held under this

Division, the Federal Integrity Commissioner may:

(a) take evidence on oath or by affirmation; and

(b) use any evidence taken in that country in accordance with

those arrangements;

for the purpose of performing any function, or exercising any

power, under this Act.

Subdivision B--Procedure at hearing

88 Who may be represented at a hearing

(1) A person giving evidence at a hearing may be represented by a

legal practitioner.

(2) A person who is not giving evidence may be represented at a

hearing by a legal practitioner if the Federal Integrity

Commissioner is satisfied that it is necessary for that person to be

involved in the hearing.

89 Who may be present at a hearing

Who may be present

(1) The Federal Integrity Commissioner may determine who may be

present during all or part of a hearing held in private.

(2) The Federal Integrity Commissioner must allow the following

persons to be present when evidence is being given:

(a) a legal practitioner representing the person giving evidence;

(b) a legal practitioner representing a person who:

(i) is not giving evidence; but

(ii) has the Federal Integrity Commissioner's consent to

being present at that time.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 89

No. , 2021

Australian Federal Integrity Commission Bill 2021

101

Opportunity to comment on a person's presence

(3) If:

(a) a person (the

witness

) is giving evidence at a hearing; and

(b) another person is present at the hearing at that time; and

(i) a staff member of AFIC; or

(ii) a legal practitioner representing a person at the hearing;

the Federal Integrity Commissioner must:

(d) inform the witness that the person is present; and

(e) give the witness an opportunity to comment on the person's

presence.

(4) To avoid doubt, a person is still entitled to be present during all or

part of the hearing even if:

(a) the Federal Integrity Commissioner fails to comply with

subsection (3); or

(b) a witness comments adversely on the person's presence

under paragraph (3)(e).

Offence

(5) A person commits an offence if:

(a) the person is present while evidence is being given in private

at a hearing; and

(b) the person is none of the following:

(i) the person giving evidence;

(ii) a person whom the Federal Integrity Commissioner

must, under subsection (2), allow to be present while the

evidence is being given;

(iii) a person who may be present at the hearing in

accordance with a determination under subsection (1).

Penalty: Imprisonment for 12 months.

Determination of who may be present not a legislative instrument

(6) If the determination of who may be present at a hearing is made in

writing, the determination is not a legislative instrument.

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 90

102

Australian Federal Integrity Commission Bill 2021

No. , 2021

Subdivision C--Taking evidence at hearing

90 Evidence on oath or by affirmation

(1) At a hearing, the Federal Integrity Commissioner may:

(a) require a witness to either take an oath or make an

affirmation; and

(b) administer an oath or affirmation to the witness.

Note 1:

Failure to take an oath or make an affirmation is an offence: see

section 96.

Note 2:

This means that a hearing is a

judicial proceeding

for the purposes of

Part III of the

Crimes Act 1914

, which creates various offences in

relation to judicial proceedings.

(2) The Federal Integrity Commissioner may administer an oath or

affirmation to a person appearing as a witness in another country,

but must do so in accordance with:

(a) any provision of the arrangements made between Australia

and that other country, as referred to in section 87; and

(b) the laws of that other country.

(3) The oath or affirmation is an oath or affirmation that the evidence

the person will give will be true.

(4) The Federal Integrity Commissioner may allow a person attending

a hearing who has been sworn, or who has made an affirmation, to

give evidence by tendering a written statement and verifying it by

oath or affirmation.

91 Examination and cross-examination of witnesses

At a hearing, the following persons may, so far as the Federal

Integrity Commissioner thinks appropriate, examine or

cross-examine any witness on any matter that the Federal Integrity

Commissioner considers relevant:

(a) counsel assisting the Federal Integrity Commissioner

generally or in relation to the investigation or public inquiry

to which the hearing relates;

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 92

No. , 2021

Australian Federal Integrity Commission Bill 2021

103

(b) a person summoned, or otherwise authorised, to appear

before the Federal Integrity Commissioner;

92 Person may request that particular evidence be given in private

(1) A person giving evidence at a hearing held in public (including a

person who has been called to give evidence but is yet to appear)

may request to give particular evidence in private at any time.

(2) The Federal Integrity Commissioner may, if the Federal Integrity

Commissioner considers it appropriate, allow the evidence to be

given in private.

(3) In deciding under subsection (2) whether it is appropriate to allow

the evidence to be given in private, the Federal Integrity

Commissioner must have regard to the following:

(a) any advice provided by the Assistant Federal Integrity

Commissioner for Research and Public Interest about the

seriousness and/or systemic nature of the type of corruption

issue;

(b) whether evidence that may be given by the person, or a

matter that may arise during the hearing (or that part of the

hearing), relates to the confidential operations of the

commission or to the alleged or suspected commission of an

offence;

matter that may arise during the hearing (or that part of the

hearing), is of a confidential nature, including (but not

limited to) a journalistic source;

(d) any unfair prejudice to a person's reputation or unfair

exposure of a person's private life that would be likely to be

caused if the evidence was given in public, or a matter that

may arise during the hearing (or that part of the hearing) is

held in public (including by way of simple association with

the commission);

(e) whether the person has a particular vulnerability (such as

membership of a minority group);

Part 6

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public inquiries

Division 2

Conducting hearings

Section 93

104

Australian Federal Integrity Commission Bill 2021

No. , 2021

(f) whether the person is under the direct instruction or control

of another person (such as a junior staff member or other

relationship that involves significant power differentials);

(g) any other relevant matter.

(4) If the Federal Integrity Commissioner receives a request under

subsection (1), the Commissioner must give the person a private

hearing for the purposes of making a decision under subsection (2).

93 Directions in relation to confidentiality

Prohibition or limitation on publication

(1) The Federal Integrity Commissioner may direct that:

(a) particular evidence given at a hearing; or

(b) the contents of a particular document, or a description of any

thing, produced to the Federal Integrity Commissioner at the

hearing; or

given evidence at the hearing to be identified; or

(d) the fact that a particular person has given or may be about to

give evidence at the hearing;

must not be published, or must not be published except in such

manner, and to such persons, as the Federal Integrity

Commissioner specifies.

Note:

Failure to comply with a direction is an offence: see subsection (6).

(2) If the hearing is held in private, the Federal Integrity

Commissioner must give a direction under subsection (1) if the

Federal Integrity Commissioner is satisfied that the failure to give

such a direction might prejudice:

(a) a person's safety or reputation; or

(b) the fair trial of a person who has been, or may be, charged

with an offence.

(3) The Federal Integrity Commissioner may vary or revoke a

direction in writing. However, the Federal Integrity Commissioner

must not vary or revoke a direction if the Federal Integrity

Commissioner is satisfied that doing so might prejudice:

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 93

No. , 2021

Australian Federal Integrity Commission Bill 2021

105

(a) a person's safety or reputation; or

(b) the fair trial of a person who has been, or may be, charged

with an offence.

Court certificate in relation to evidence in respect of which a

direction has been given

(4) If:

(a) a person has been charged with an offence before a federal

court or a court of a State or Territory; and

(b) the court considers that it may be desirable in the interests of

justice that particular evidence given at a hearing, in respect

of which the Federal Integrity Commissioner has given a

direction under subsection (1), be made available to the

person or to a legal practitioner representing the person;

the court may give to the Federal Integrity Commissioner a

certificate to that effect. If the court does so, the Federal Integrity

Commissioner must make the evidence available to the court.

(5) If:

(a) the Federal Integrity Commissioner makes evidence available

to a court under subsection (4); and

(b) the court, after examining the evidence, is satisfied that the

interests of justice so require;

the court may make the evidence available to the person charged

with the offence concerned or to a legal practitioner representing

the person.

Offence

(6) A person commits an offence if:

(a) the person is given a direction by the Federal Integrity

Commissioner under subsection (1); and

(b) the person contravenes the direction.

Penalty: Imprisonment for 12 months.

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 94

106

Australian Federal Integrity Commission Bill 2021

No. , 2021

Direction is not a legislative instrument

(7) If direction given to a person under subsection (1) is given in

writing, the direction is not a legislative instrument.

Subdivision D--Prohibitions against disclosing information

about a summons

94 Disclosure of summons may be prohibited

Application

(1) This section applies if:

(a) a summons is served on a person (the

person served

) under

section 86 to attend a hearing; and

(b) the hearing is to be held in private, or the Federal Integrity

Commissioner believes that there is a reasonable likelihood

that part of the hearing will be held in private based on the

considerations referred to in subsection 85(4) or 92(3).

Notation prohibiting disclosure of information about summons

(2) The Federal Integrity Commissioner may include a notation in the

summons to the effect that disclosure of information about:

(a) the summons; or

(b) any official matter connected with the summons;

is prohibited except in the circumstances (if any) specified in the

notation.

(3) The Federal Integrity Commissioner must include a notation in the

summons if the Federal Integrity Commissioner is satisfied that

failure to do so would reasonably be expected to prejudice:

(a) a person's safety or reputation; or

(b) the fair trial of a person who has been, or may be, charged

with an offence; or

corruption investigation; or

(d) any action taken as a result of an investigation referred to in

paragraph (c).

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 94

No. , 2021

Australian Federal Integrity Commission Bill 2021

107

(4) The Federal Integrity Commissioner may include a notation in the

summons if the Federal Integrity Commissioner is satisfied that:

(a) failure to do so might prejudice:

(i) a person's safety or reputation; or

(ii) the fair trial of a person who has been, or may be,

charged with an offence; or

(iii) the investigation to which the hearing relates or another

corruption investigation; or

(iv) any action taken as a result of an investigation referred

to in subparagraph (iii); or

(b) failure to do so might otherwise be contrary to the public

interest.

(5) The Federal Integrity Commissioner must not include a notation in

the summons in any other case.

Written statement to accompany notation

(6) If a notation is included in the summons, it must be accompanied

by a written statement setting out the rights and obligations

conferred or imposed by section 95 on the person served.

Cancellation of notation

(7) A notation included in the summons is cancelled by this subsection

if:

(a) the Federal Integrity Commissioner concludes the

investigation to which the hearing relates; and

(b) any criminal proceedings or civil penalty proceedings

resulting from the investigation are commenced.

(8) If a notation is cancelled by subsection (7), the Federal Integrity

Commissioner must advise the person served, in writing, of the

cancellation.

Relationship of notation with Privacy Act 1988

(9) If:

Part 6

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Conducting hearings

Section 95

108

Australian Federal Integrity Commission Bill 2021

No. , 2021

(a) a notation has been included in the summons in relation to

the disclosure of information about the summons or any

official matter connected with the summons; and

(b) the notation has not been cancelled; and

meaning of the

Privacy Act 1988

) would be required, under

subsection 20E(5) of that Act, to make a note about the

disclosure of the information;

such a note must not be made until the notation is cancelled.

95 Offences of disclosure

(1) A person commits an offence if:

(a) the person is served with a summons under section 86; and

(b) the summons includes a notation under section 94; and

about:

(i) the summons; or

(ii) any official matter connected with the summons; and

(d) when the disclosure is made:

(i) the notation has not been cancelled by subsection 94(7);

and

(ii) the period of 5 years after the summons is served under

section 87 has not ended.

Penalty: Imprisonment for 12 months.

(2) In proceedings for an offence against subsection (1), it is a defence

if the person makes the disclosure:

(a) in the circumstances, if any, permitted by the terms of the

notation; or

(b) to a legal practitioner for the purpose of obtaining legal

advice or representation in relation to the summons; or

under section 113 in relation to the summons; or

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 95

No. , 2021

Australian Federal Integrity Commission Bill 2021

109

(d) if the person is a body corporate--to an officer or agent of

the body corporate for the purpose of ensuring compliance

with the summons.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (2): see subsection 13.3(3) of the

Criminal Code

(3) A person commits an offence if:

(a) a disclosure is made to the person about:

(i) a summons under section 86 that includes a notation

under section 94; or

(ii) any official matter connected with a summons under

section 86 that includes a notation under section 94; and

(b) the disclosure is permitted under subsection (2) or (4)

because the person is a person of a particular kind; and

the existence of, or any information about:

(i) the summons; or

(ii) any official matter connected with the summons; and

(d) when the disclosure by the person is made:

(i) the notation has not been cancelled by subsection 94(7);

and

(ii) the period of 5 years after the summons is served under

section 86 has not ended.

Penalty: Imprisonment for 12 months.

(4) In proceedings for an offence against subsection (3), it is a defence

if the person discloses the information:

(a) if the person is an officer or agent of a body corporate

referred to in paragraph (2)(d):

(i) to another officer or agent of the body corporate for the

purpose of ensuring compliance with the summons; or

(ii) to a legal practitioner for the purpose of obtaining legal

advice or representation in relation to the summons; or

(iii) to a legal aid officer for the purpose of obtaining

assistance under section 112 in relation to the summons;

Part 6

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Conducting hearings

Section 95

110

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(b) if the person is a legal practitioner--for the purpose of giving

legal advice, making representations, or obtaining assistance

under section 112, in relation to the summons; or

obtaining legal advice or representation in relation to the

summons.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (4): see subsection 13.3(3) of the

Criminal Code

(5) A person commits an offence if:

(a) a disclosure is made to the person about:

(i) a summons under section 86 that includes a notation

under section 94; or

(ii) any official matter connected with a summons under

section 86 that includes a notation under section 94; and

(b) the disclosure is permitted under subsection (2) or (4)

because the person is a person of a particular kind; and

person:

(i) makes a record of the summons; or

(ii) discloses the existence of the summons; or

(iii) discloses any information about the summons or the

existence of it; and

(d) when the record, or disclosure, is made by the person:

(i) the notation has not been cancelled by subsection 94(7);

and

(ii) the period of 5 years after the summons is served under

section 86 has not ended.

Penalty: Imprisonment for 12 months.

(6) A reference in this section to disclosing something's existence

includes disclosing information from which a person could

reasonably be expected to infer its existence.

Federal Integrity Commissioner's powers in conducting investigations and public

inquiries

Part 6

Section 96

No. , 2021

Australian Federal Integrity Commission Bill 2021

111

Subdivision E--Offences in relation to hearings

96 Offences

Failure to attend hearing

(1) A person commits an offence if:

(a) the person is served with a summons to attend a hearing; and

(b) the person:

(i) fails to attend as required by the summons; or

(ii) fails to appear and report from day to day unless

excused or released from further attendance by the

Federal Integrity Commissioner.

Note:

A defendant bears an evidential burden in relation to the excuse or

release from further attendance referred to in subparagraph (b)(ii): see

subsection 13.3(3) of the

Criminal Code

Penalty: Imprisonment for 12 months.

Failure to swear an oath, make an affirmation or answer a

question

(2) A person commits an offence if:

(a) the person is served with a summons to attend a hearing; and

(b) the person fails:

(i) to be sworn or to make an affirmation at the hearing; or

(ii) to answer a question at the hearing that the Federal

Integrity Commissioner requires the person to answer.

Note 1:

A person may refuse to answer a question on the ground of legal

professional privilege: see section 102.

Note 2:

This subsection is not subject to the privilege against

self-incrimination but there are limits on the uses to which the

evidence the person gives may be put: see section 105.

Penalty: Imprisonment for 2 years.

Failure to produce a document or thing

(3) A person commits an offence if:

Part 6

Federal Integrity Commissioner's powers in conducting investigations and

public inquiries

Division 2

Conducting hearings

Section 97

112

Australian Federal Integrity Commission Bill 2021

No. , 2021

(a) the person is served with a summons to produce a document

or thing specified in the summons; and

(b) the person fails to produce the document or thing that the

person was required to produce.

Note 1:

A person may refuse to produce a document or thing on the ground of

legal professional privilege: see section 103.

Note 2:

This subsection is not subject to the privilege against

self-incrimination but there are limits on the uses to which the

evidence the person gives may be put: see section 105.

Penalty: Imprisonment for 2 years.

97 Contempt of AFIC

(1) A person is

in contempt of AFIC

if the person:

(a) when served with a summons to attend a hearing:

(i) fails to attend as required by the summons; or

(ii) fails to appear and report from day to day unless

excused or released from further attendance by the

Federal Integrity Commissioner; or

(iii) refuses or fails to be sworn or make an affirmation at

the hearing; or

(iv) subject to subsection (2), refuses or fails to answer a

question at the hearing that the Federal Integrity

Commissioner requires the person to answer; or

(v) subject to subsection (3), refuses or fails to produce a

document or thing that the person was required to

produce by a summons or notice under this Act that was

served on him or her as prescribed; or

(vi) subject to subsection (3), refuses or fails to produce a

document or thing that the person was required to

produce under subsection 86(7); or

(b) is a legal practitioner who is required to answer a question or

produce a document or thing at a hearing and both of the

following apply:

(i) the answer to the question would disclose, or the

document or thing contains, a privileged communication

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made by or to the legal practitioner in his or her capacity

as a legal practitioner;

(ii) he or she refuses to comply with the requirement and

does not, when required by the Federal Integrity

Commissioner, give the Federal Integrity Commissioner

the name and address of the person to whom or by

whom the communication was made; or

misleading in a material particular; or

(d) obstructs or hinders the Federal Integrity Commissioner in

the performance of his or her functions or the exercise of his

or her powers; or

(e) disrupts a hearing that is being held for the purpose of:

(i) investigating a corruption issue; or

(ii) conducting a public inquiry; or

(f) threatens a person present at a hearing that is being held for

the purpose of:

(i) investigating a corruption issue; or

(ii) conducting a public inquiry.

(2) Subparagraph (1)(a)(iv) does not apply in the case of a legal

practitioner who refuses or fails to answer a question at a hearing

on the ground that the answer to the question would disclose a

privileged communication made by or to the legal practitioner for

the purpose of providing legal professional services in relation to

the appearance, or reasonably anticipated appearance, of a person

at a compulsory examination or public or private hearing before the

Federal Integrity Commissioner.

(3) Subparagraph (1)(a)(v) does not apply in the case of a legal

practitioner who refuses or fails to produce a document or thing at

a hearing on the ground that the document or thing contains a

privileged communication made by or to the legal practitioner for

the purpose of providing legal professional services in relation to

the appearance, or reasonably anticipated appearance, of a person

at a compulsory examination or public or private hearing before the

Federal Integrity Commissioner.

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(4) For the purposes of paragraphs (1)(d) and (e), a peaceful protest

outside the physical location of the commission does not constitute

the obstruction or hindering of the Federal Integrity Commissioner

or the disrupting of a hearing.

98 Federal Court or Supreme Court to deal with contempt

Application

(1) If, in respect of a hearing, the Federal Integrity Commissioner is of

the opinion that a person is in contempt of AFIC, the Federal

Integrity Commissioner may apply to either of the following courts

for the person to be dealt with in relation to the contempt:

(a) the Federal Court;

(b) the Supreme Court of the State or Territory in which the

hearing is held.

(2) Before making the application, the Federal Integrity Commissioner

must inform the person that the Federal Integrity Commissioner

proposes to make the application.

(3) The application must be accompanied by a certificate that states:

(a) the grounds for making the application; and

(b) evidence in support of the application.

(4) A copy of the certificate must be given to the person before, or at

the same time as, the application is made.

(5) To avoid doubt, if the Federal Integrity Commissioner makes an

application under this section, the Federal Integrity Commissioner

need not give the evidence to the relevant person or authority under

section 150.

How court may deal with application

(6) If, after:

(a) considering the matters specified in the certificate; and

(b) hearing or receiving any evidence or statements by or in

support of Commission; and

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support of the person;

the court to which the application was made finds that the person

was in contempt of AFIC, the court may deal with the person as if

the acts or omissions involved constituted a contempt of that court.

(7) For the purposes of determining whether a person is in contempt of

AFIC under subsection (1), Chapter 2 of the

Criminal Code

applies

as if:

(a) being in contempt of AFIC were an offence; and

(b) references to a person being criminally responsible for an

offence were references to a person being responsible for

being in contempt of AFIC.

99 Conduct of contempt proceedings

(1) This section applies if an application is made to the Federal Court

or to the Supreme Court of a State or Territory under section 98.

(2) Proceedings in relation to the application are, subject to this Act, to

be instituted, carried on, heard and determined in accordance with

the laws (including any Rules of Court) that apply in relation to the

punishment of a contempt of the court to which the application was

made.

(3) In proceedings relating to the application, a certificate under

subsection 98(3) is prima facie evidence of the matters specified in

the certificate.

100 Federal Integrity Commissioner may withdraw contempt

application

The Federal Integrity Commissioner may, at any time, withdraw an

application under subsection 98(1).

101 Double jeopardy

(1) If an act or omission by a person is an offence against this Act and

is also an offence against a law of a State, the person may be

prosecuted and convicted under this Act or under that law of that

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State in respect of the act or omission, but nothing in this Act

renders a person liable to be punished twice in respect of the same

act or omission.

(2) If:

(a) an application is made to the Federal Court or a Supreme

Court under subsection 98(1) in respect of an act or omission

by a person; and

(b) the person is dealt with by the court under that section in

respect of the act or omission;

the person is not liable to be prosecuted for an offence in respect of

that act or omission.

(3) If a person is prosecuted for an offence in respect of an act or

omission referred to in subsection 97(1) without an application

being made to the Federal Court or a Supreme Court under

subsection 98(1) in respect of the act or omission, an application

must not be made under subsection 98(1) in respect of the act or

omission.

102 Legal professional privilege--answer to question

(1) A person must not refuse or fail to answer a question at a hearing

that the Federal Integrity Commissioner requires the person to

answer on the ground that the answer (or the relevant part of the

answer) would disclose a communication that is subject to legal

professional privilege.

(2) Subsection (1) does not apply in relation to a communication made

for the for the purpose of providing or receiving legal professional

services in relation to the appearance, or reasonably anticipated

appearance, of a person at a compulsory examination or public or

private hearing before the Federal Integrity Commissioner.

103 Legal professional privilege--documents or things

(1) A person must not refuse or fail to produce a document or thing to

the Federal Integrity Commissioner at a hearing on the ground that

the document or thing is subject to legal professional privilege.

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(2) Subsection (1) does not apply in relation to a document or thing

that exists for the purpose of providing or receiving legal

professional services in relation to the appearance, or reasonably

anticipated appearance, of a person at a compulsory examination or

public inquiry before the Federal Integrity Commissioner.

104 Offences relating to claims for legal professional privilege

(1) A person commits an offence if:

(a) the person had been served with a summons:

(i) to attend a hearing and the person fails to answer a

question at the hearing that the Federal Integrity

Commissioner requires the person to answer; or

(ii) to produce a document or thing specified in the

summons and the person fails to produce the document;

and

(b) the person refuses or fails to answer the question or produce

the document or thing as the Federal Integrity Commissioner

requires; and

Penalty: Imprisonment for 6 months or 10 penalty units.

(2) Subsection (1) is an offence of strict liability.

(3) Subsection (1) does not apply if the person has a reasonable

excuse.

(5) It is a defence to a prosecution for an offence against this section

constituted by a refusal or failure to answer a question or to

produce a document or thing if the answer, document or thing was

not relevant to the corruption issue or public inquiry to which the

hearing related.

Note:

A defendant bears an evidential burden in relation to the matters in

subsections (3) and (5) (see subsection 13.3(3) of the

Criminal Code

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105 Self-incrimination etc.

Self-incrimination

(1) A person is not excused from:

(a) answering a question; or

(b) producing a document or thing;

when summoned, under section 86, to attend a hearing to do so on

the ground that doing so would tend to incriminate the person or

expose the person to a penalty.

Use indemnity

(2) Subsection (4) applies if:

(a) the person:

(i) answers the question (whether orally or in writing); or

(ii) produces the document or thing;

and, before doing so, claims that answering the question, or

producing the document or thing, might tend to incriminate

the person or expose the person to a penalty; or

(b) the person answers the question in writing and claims, in a

written statement accompanying the answer, that answering

the question might tend to incriminate the person or expose

the person to a penalty; or

written statement accompanying the document or thing, that

producing the document or thing might tend to incriminate

the person or expose the person to a penalty.

(3) Subsection (4) does not apply to the production of a document that

is, or forms part of, a record of an existing or past business.

(4) Neither of the following:

(a) the answer given;

(b) the document or thing produced;

is admissible in evidence against the person in criminal

proceedings, or any other proceedings for the imposition or

recovery of a penalty, other than:

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(d) confiscation proceedings; or

(e) proceedings for an offence against section 137.1 or 137.2 of

the

Criminal Code

(which deals with false or misleading

information or documents) that relates to this Act; or

(f) proceedings for an offence against section 149.1 of the

Criminal Code

(which deals with obstruction of

Commonwealth public officials) that relates to this Act; or

(g) disciplinary proceedings against the person if the person is an

employee of a Commonwealth agency.

Public interest grounds

(5) A person is not excused from:

(a) answering a question; or

(b) producing a document or thing;

when summoned, under section 86, to attend a hearing to do so on

the ground that doing so:

(i) legal advice given to a Minister or a Commonwealth

agency;

(ii) a communication between an officer of a

Commonwealth agency and another person or body,

being a communication protected against disclosure by

legal professional privilege; or

(d) would breach a secrecy provision other than:

(i) a taxation secrecy provision; or

(ii) a law enforcement secrecy provision; or

(e) would be otherwise contrary to the public interest.

(6) The fact that a person is not excused under subsection (5) from:

(a) answering a question; or

(b) producing a document or thing;

does not otherwise affect a claim of legal professional privilege

that anyone may make in relation to that answer, document or

thing.

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(7) A person who is served with a summons under section 86 does not

commit an offence, and is not liable to any penalty, under the

provisions of any other enactment (other than a taxation secrecy

provision or a law enforcement secrecy provision) because the

person:

(a) answers a question at a hearing that the Federal Integrity

Commissioner requires the person to answer; or

(b) produces a document or thing that the person is required to

produce in accordance with the summons.

Subdivision F--Court orders for delivery of witness's passport

and witness's arrest

106 Federal Integrity Commissioner may apply for order that

witness deliver passport

(1) The Federal Integrity Commissioner may apply to a Judge of the

Federal Court for an order that a person deliver the person's

passport to the Federal Integrity Commissioner if:

(a) either of the following apply:

(i) a summons under section 86 has been issued requiring

the person to attend a hearing (whether or not the

summons has been served) in relation to a corruption

investigation or public inquiry;

(ii) the person has appeared at a hearing in relation to a

corruption investigation or public inquiry to give

evidence or to produce documents or things; and

(b) there are reasonable grounds for believing that the person

may be able:

(i) to give evidence, or further evidence, that could

materially affect the investigation or public inquiry; or

(ii) to produce documents or things, or further documents or

things, that could materially affect the investigation or

public inquiry; and

(i) intends to leave Australia; and

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(ii) has in the person's possession, custody or control a

passport issued to him or her.

(2) The Federal Integrity Commissioner must give the Judge

information on oath, or by affirmation, in support of the grounds

for the application.

107 Court orders

Court order for witness to appear before the Court

(1) If a Judge of the Federal Court, sitting in Chambers, is satisfied, on

the evidence, that the requirements of paragraphs 106(1)(a), (b)

and (c) are met, the Judge may make an order:

(a) requiring the person to appear before the Federal Court on a

date, and at a time and place, specified in the order; and

(b) requesting the person to show cause why the person should

not be ordered to deliver the passport to the Federal Integrity

Commissioner.

(2) If a Judge makes an order under subsection (1) requiring a person

to appear before the Federal Court, the person must be provided

with a copy of the information given under subsection 106(2) prior

to the appearance.

Offence

(3) A person commits an offence if:

(a) the person leaves Australia; and

(b) an order has been made in relation to the person under

subsection (1); and

Penalty: Imprisonment for 2 years.

(4) In proceedings for an offence against subsection (3), it is a defence

if:

(a) the person has appeared before the Federal Court as required

by the order referred to in paragraph (3)(b); and

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(b) if the Court makes an order in relation to the person under

paragraph (5)(a)--the person has complied with the terms of

the order and any passport delivered to the Federal Integrity

Commissioner in accordance with the order has been

returned to the person.

Court order that witness deliver passport to Federal Integrity

Commissioner

(5) If the person appears before the Federal Court as required by the

order made under subsection (1), the Court may, if it thinks fit,

make an order:

(a) requiring the person to deliver to the Federal Integrity

Commissioner any passport:

(i) issued to him or her; and

(ii) in the person's possession, custody or control; and

(b) authorising the Federal Integrity Commissioner to retain the

passport until the end of the period (not exceeding one

month) that is specified in the order.

Extension of period that Federal Integrity Commissioner may

retain passport

(6) The Federal Court may, upon application by the Federal Integrity

Commissioner, extend for a further period (of not more than one

month), or further periods (of not more than one month in each

case), the period for which the Federal Integrity Commissioner is

authorised to retain a passport. However, the total period for which

the Federal Integrity Commissioner is authorised to retain the

passport must not exceed 3 months.

Revocation of court order

(7) If the Federal Court makes an order authorising the Federal

Integrity Commissioner to retain a passport issued to a person, the

person may apply to the Federal Court for the order to be revoked.

(8) If the Federal Court revokes the order, the Federal Integrity

Commissioner must return the passport to the person immediately.

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Jurisdiction of the Federal Court

(9) The Federal Court has jurisdiction with respect to matters arising

under this section.

Definition

(10) In this section:

Australia

includes the external Territories.

108 Applying for a warrant to arrest witness

(1) An authorised officer may apply to a Judge of the Federal Court, or

of the Supreme Court of a State or Territory, for a warrant to arrest

a person if the authorised officer has reasonable grounds to believe

that:

(a) the person:

(i) has been ordered to deliver the person's passport to the

Federal Integrity Commissioner (whether or not the

person has complied with the order); and

(ii) is likely to leave Australia for the purpose of avoiding

giving evidence at a hearing before the Federal Integrity

Commissioner; or

(b) the person has been served with a summons under section 86

and:

(i) has absconded or is likely to abscond; or

(ii) is otherwise attempting, or likely to attempt, to evade

service of the summons; or

or is likely to do so.

(2) The authorised officer must give the Judge information on oath, or

by affirmation, in support of the grounds for the application.

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109 Warrant for arrest

Issue of warrant

(1) If a Judge, sitting in Chambers, is satisfied, on the evidence, that

there are reasonable grounds for believing that

paragraph 108(1)(a), (b) or (c) is met, the Judge may issue a

warrant authorising the authorised officer to arrest the person.

Execution of warrant

(2) For the purpose of executing a warrant, if the authorised officer

executing the warrant (or an assisting officer) believes on

reasonable grounds that the person is on any premises, the

authorised officer (or the assisting officer) may break into and

enter those premises.

(3) However, the authorised officer executing the warrant (or an

assisting officer) must not enter a dwelling house at any time

during the period commencing at 9 pm on a day and ending at 6 am

on the following day unless the authorised officer (or the assisting

officer) believes on reasonable grounds that it would not be

practicable to arrest the person, either at the dwelling house or

elsewhere, at another time.

(4) The authorised officer executing the warrant (or an assisting

officer) must not, in the course of arresting the person, use more

force, or subject the other person to greater indignity, than is

necessary and reasonable:

(a) to make the arrest; or

(b) to prevent the escape of the person after the arrest.

(5) The warrant may be executed even if the authorised officer does

not have a copy of the warrant in the authorised officer's

possession at the time it is executed.

(6) The authorised officer executing the warrant (or an assisting officer

who arrests the person) must inform the person, at the time of the

arrest, of the reason for which the person is being arrested.

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(7) It is sufficient if the person is informed of the substance of the

reason and it is not necessary that this be done in language of a

precise or technical nature.

(8) Subsection (6) does not apply to the arrest of the person if:

(a) the person should, in the circumstances, know the substance

of the reason for which the person is being arrested; or

(b) the person's actions make it impracticable for the authorised

officer executing the warrant (or an assisting officer making

the arrest) to inform the person of the reason for which the

person is being arrested.

(9) Nothing in this section prevents the arrest of a person in

accordance with any other law.

Definitions

(10) In this section:

dwelling house

includes a conveyance, and a room in a hotel,

motel, boarding house or club, in which people ordinarily retire for

the night.

Judge

means:

(a) a Judge of the Federal Court; or

(b) a Judge of the Supreme Court of a State or Territory.

110 Powers of Judge in relation to person arrested

(1) A person arrested under a warrant issued under section 109 must

be brought before a Judge as soon as practicable, and in any event,

within 72 hours of the person's arrest.

(2) The Judge may:

(a) grant the person bail:

(i) on such security as the Judge thinks fit; and

(ii) on such conditions as the Judge thinks are necessary to

ensure that the person appears as a witness at a hearing

before the Federal Integrity Commissioner; or

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(b) order that the person continue to be detained for the purpose

of ensuring that the person appears as a witness at a hearing

before the Federal Integrity Commissioner; or

(3) A person who is detained under paragraph (2)(b) must be brought

before a Judge:

(a) within 14 days after the person was brought, or last brought,

before a Judge; or

(b) within such shorter or longer time as a Judge fixed on the

person's last previous appearance before a Judge;

and the Judge may exercise any of the powers under subsection (2).

(4) In this section:

Judge

means:

(a) a Judge of the Federal Court; or

(b) a Judge of the Supreme Court of a State or Territory.

Subdivision G--Miscellaneous

111 Federal Integrity Commissioner may retain documents or things

(1) If a document or thing is produced to the Federal Integrity

Commissioner in accordance with a summons under section 86, the

Federal Integrity Commissioner:

(a) may take possession of, and may make copies of, the

document or thing, or take extracts from the document; and

(b) may retain possession of the document or thing for such

period as is necessary for the purposes of the investigation or

public inquiry to which the document or thing relates.

(2) While the Federal Integrity Commissioner retains the document or

thing, the Federal Integrity Commissioner must allow a person who

would otherwise be entitled to inspect the document or view the

thing to do so at the times that the person would ordinarily be able

to do so.

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112 Person may apply for legal and financial assistance

(1) A person who is summoned under section 86 to attend a hearing

before the Federal Integrity Commissioner may apply to the

Attorney-General for assistance in respect of:

(a) the person's attendance at the hearing; or

(b) the person's representation at the hearing by a legal

practitioner.

Note 1:

A person summoned to appear as a witness at a hearing is entitled to

be paid allowances for travelling and other expenses prescribed by

regulations: see subsection 86(8).

Note 2:

A person may also apply for assistance in respect of an application to

the Federal Court or the Federal Circuit Court under the

Administrative Decisions (Judicial Review) Act 1977

for an order of

review in respect of a matter arising under this Act: see section 276.

(2) A person who:

(a) is not giving evidence at a hearing before the Federal

Integrity Commissioner; and

(b) is being represented at the hearing by a legal practitioner with

the consent of the Federal Integrity Commissioner;

may apply to the Attorney-General for assistance in respect of that

representation.

Note:

A person may also apply for assistance in respect of an application to

the Federal Court or the Federal Circuit Court under the

Administrative Decisions (Judicial Review) Act 1977

for an order of

review in respect of a matter arising under this Act: see section 276.

(3) If a person applies under subsection (1) or (2), the

Attorney-General may, if the Attorney-General is satisfied that:

(a) it would involve substantial hardship to the person to refuse

the application; or

(b) the circumstances of the case are of such a special nature that

the application should be granted;

authorise the Commonwealth to provide the person with legal or

financial assistance, determined by the Attorney-General, in

respect of:

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(d) the person's representation at the hearing by a legal

practitioner.

(4) Legal or financial assistance may be given:

(a) unconditionally; or

(b) subject to such conditions as the Attorney-General

determines.

(5) An instrument that determines the conditions on which legal or

financial assistance may be given is not a legislative instrument.

113 Protection of Federal Integrity Commissioner etc.

(1) The Federal Integrity Commissioner has, in exercising the Federal

Integrity Commissioner's power to hold a hearing, the same

protection and immunity as a Justice of the High Court.

(2) A legal practitioner assisting the Federal Integrity Commissioner,

or representing a person at a hearing, has the same protection and

immunity as a barrister appearing for a party in proceedings in the

High Court.

(3) To avoid doubt, this section does not limit the powers of the

Ombudsman under the

Ombudsman Act 1976

to investigate issues

of administrative practice in relation to a hearing under this

Division.

(4) A reference in this section to the Federal Integrity Commissioner

includes a reference to an Assistant Commissioner who exercises

the power to hold a hearing in relation to a corruption issue under

an authorisation under section 232.

114 Protection of witnesses etc.

(1) A person who:

(a) gives evidence at a hearing conducted under this Act; or

(b) produces a document or thing at a hearing conducted under

this Act; or

relation to a public inquiry;

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has the same protection as a witness in proceedings in the High

Court.

(2) Subsection (3) applies if it appears to the Federal Integrity

Commissioner that, because a person:

(a) is to give evidence, or produce a document or thing, at a

hearing under this Act; or

(b) has given evidence, or produced a document or thing, at a

hearing under this Act; or

Commissioner in relation to a public inquiry;

either:

(d) the safety of the person or any other person may be

prejudiced; or

(e) the person or any other person may be subjected to

intimidation or harassment.

(3) The Federal Integrity Commissioner may make such arrangements

as are necessary:

(a) to protect the safety of any person mentioned in

paragraph (2)(d); or

(b) to protect any person mentioned in paragraph (2)(e) from

intimidation or harassment.

(4) For the purpose of subsection (3), the arrangements that the

Federal Integrity Commissioner may make include arrangements

with:

(a) members of the AFP; or

(b) members of the police force of a State or Territory.

(5) This section does not affect the

Witness Protection Act 1994

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Division 3--Search warrants

Subdivision A--Preliminary

115 Application to things under the control of a person

This Division applies to a person (the

possessor

) who has a thing

under the possessor's control in any place (whether for the use or

benefit of the possessor or another person), even if another person

has the actual possession or custody of the thing, as if the possessor

has possession of the thing.

Subdivision B--Applying for a search warrant

116 Authorised officer may apply for a search warrant

Application for warrant to search premises (investigation warrant)

(1) An authorised officer may apply to an issuing officer for an

investigation warrant to search premises if the authorised officer:

(a) has reasonable grounds for suspecting that there is, or there

will be within the next 72 hours, any evidential material on

the premises; and

(b) has reasonable grounds for believing that, if a person was

served with a summons to produce the evidential material,

the material might be concealed, lost, mutilated or destroyed.

Note:

In special circumstances and urgent cases, an application may be made

by telephone, fax, email or other electronic means: see section 119.

Application for warrant to search premises (offence warrant)

(2) An authorised officer may apply to an issuing officer for an

offence warrant to search premises if the authorised officer has

reasonable grounds for suspecting that there is, or there will be

within the next 72 hours, any evidential material on the premises.

Note:

In special circumstances and urgent cases, an application may be made

by telephone, fax, email or other electronic means: see section 119.

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Application for a warrant to search person (investigation warrant)

(3) An authorised officer may apply to an issuing officer for an

investigation warrant to carry out an ordinary search or a frisk

search of a person if the authorised officer:

(a) has reasonable grounds for suspecting that the person has in

the person's possession, or will within the next 72 hours have

in the person's possession, any evidential material; and

(b) has reasonable grounds for believing that, if the person was

served with a summons to produce the evidential material,

the material might be concealed, lost, mutilated or destroyed.

Note:

In special circumstances and urgent cases, an application may be made

by telephone, fax, email or other electronic means: see section 119.

Application for a warrant to search person (offence warrant)

(4) An authorised officer may apply to an issuing officer for an

offence warrant to carry out an ordinary search or a frisk search of

a person if the authorised officer has reasonable grounds for

suspecting that the person has in the person's possession, or will

within the next 72 hours have in the person's possession, any

evidential material.

Note:

In special circumstances and urgent cases, an application may be made

by telephone, fax, email or other electronic means: see section 119.

Information in support of application

(5) An authorised officer must give the issuing officer information on

oath or by affirmation to support the grounds for an application

under subsection (1), (2), (3) or (4).

(6) If an authorised officer applying for a search warrant suspects that,

in executing the warrant, it will be necessary to use firearms, the

authorised officer must state that suspicion, and the grounds for it,

in the information given under subsection (5).

(7) If the authorised officer applying for a search warrant (or another

authorised officer who will be an assisting officer in relation to the

search warrant) has, at any time previously, applied for a search

warrant under this Act or another Act in relation to the same person

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or premises, the authorised officer must state particulars of those

applications, and their outcome, in the information given under

subsection (5).

Subdivision C--Issue of a search warrant

117 When search warrants may be issued

Issue of a warrant to search premises (investigation warrant)

(1) If:

(a) an authorised officer makes an application to an issuing

officer under subsection 116(1); and

(b) the issuing officer is satisfied, on the information given under

subsection 116(5), that:

(i) there are reasonable grounds for suspecting that there is,

or there will be within the next 72 hours, evidential

material on the premises in relation to which the

application is made; and

(ii) there are reasonable grounds for believing that, if a

person was served with a summons to produce the

evidential material, the material might be concealed,

lost, mutilated or destroyed;

the issuing officer may issue an investigation warrant authorising

the authorised officer to search the premises.

Issue of a warrant to search premises (offence warrant)

(2) If:

(a) an authorised officer makes an application to an issuing

officer under subsection 116(2); and

(b) the issuing officer is satisfied, on the information given under

subsection 116(5), that there are reasonable grounds for

suspecting that there is, or there will be within the next 72

hours, evidential material on the premises in relation to

which the application is made;

the issuing officer may issue an offence warrant authorising the

authorised officer to search the premises.

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Issue of a warrant to search a person (investigation warrant)

(3) If:

(a) an authorised officer makes an application to an issuing

officer under subsection 116(3); and

(b) the issuing officer is satisfied, on the information given under

subsection 116(5), that:

(i) there are reasonable grounds for suspecting that the

person in relation to whom the application is made has

in the person's possession, or will within the next 72

hours have in the person's possession, evidential

material; and

(ii) there are reasonable grounds for believing that, if the

person was served with a summons to produce the

evidential material, the material might be concealed,

lost, mutilated or destroyed;

the issuing officer may issue an investigation warrant authorising

the authorised officer to carry out an ordinary search or a frisk

search of the person.

Issue of a warrant to search a person (offence warrant)

(4) If:

(a) an authorised officer makes an application to an issuing

officer under subsection 116(4); and

(b) the issuing officer is satisfied, on the information given under

subsection 116(5), that there are reasonable grounds for

suspecting that the person in relation to whom the application

is made has in the person's possession, or will within the next

72 hours have in the person's possession, evidential material;

the issuing officer may issue an offence warrant authorising the

authorised officer to carry out an ordinary search or a frisk search

of the person.

Issue of a warrant by State/Territory issuing officers

(5) An issuing officer in a State or internal Territory may:

(a) issue a search warrant in relation to premises or a person in

that State or Territory; or

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(b) issue a search warrant in relation to premises or a person in

an external Territory; or

another State or internal Territory (including the Jervis Bay

Territory) if the issuing officer is satisfied that there are

special circumstances that make the issue of the warrant

appropriate; or

(d) issue a search warrant in relation to a person wherever the

person is in Australia or in an external Territory if the issuing

officer is satisfied that it is not possible to predict where the

person may be.

(6) An issuing officer in New South Wales or the Australian Capital

Territory may issue a search warrant in relation to premises or a

person in the Jervis Bay Territory.

(7) Subsections (5) and (6) do not apply if the issuing officer is:

(a) a Judge of the Federal Court; or

(b) a Judge of the Federal Circuit Court.

Issue of a warrant by issuing officers

(8) The function of issuing a search warrant is conferred on an issuing

officer in a personal capacity and not as a court or a member of a

court. The issuing officer need not accept the function conferred.

(9) An issuing officer performing a function of, or connected with,

issuing a search warrant has the same protection and immunity as

if the issuing officer were performing that function as, or as a

member of, the court of which the issuing officer is a member.

118 Content of warrants

General contents of warrant

(1) If an issuing officer issues a search warrant under section 117, the

issuing officer is to state in the warrant:

(a) either:

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(i) if the warrant is an investigation warrant--the

corruption issue or public inquiry to which the warrant

relates; or

(ii) if the warrant is an offence warrant--the offence to

which the warrant relates; and

(b) a description of the premises to which the warrant relates or

the name or a description of a person to whom it relates; and

under the warrant; and

(d) the name of the authorised officer who, unless the authorised

officer inserts the name of another authorised officer in the

warrant, is to be responsible for executing the warrant; and

(e) the time at which the warrant expires; and

(f) whether the warrant may be executed at any time or only

during particular hours.

(2) The time stated in the warrant as the time at which the warrant

expires must be a time that is not later than the end of the seventh

day after the day on which the warrant is issued.

Example: If a warrant is issued at 3 pm on a Monday, the expiry time specified

in the warrant must not be later than midnight on Monday in the

following week.

Additional matters for warrant in relation to premises

(3) If the search warrant relates to premises, the issuing officer is also

to state:

(a) that the warrant authorises the seizure of a thing (other than

evidential material of the kind referred to in paragraph (1)(c))

found at the premises in the course of the search that the

authorised officer or an assisting officer believes on

reasonable grounds to be:

(i) if the warrant is an investigation warrant--evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) if the warrant is an offence warrant--a thing relevant to

the offence to which the warrant relates; or

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(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

(iv) in any case--a thing relevant to an indictable offence;

if the authorised officer or the assisting officer believes on

reasonable grounds that seizure of the thing is necessary to

prevent its concealment, loss or destruction or its use in

committing an offence; and

(b) whether the warrant authorises an ordinary search or a frisk

search of a person who is at or near the premises when the

warrant is executed if the authorised officer or an assisting

officer suspects on reasonable grounds that the person has in

the person's possession:

(i) in the case of an investigation warrant--any evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) in the case of an offence warrant--a thing relevant to

the offence to which the warrant relates; or

(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

(iv) in any case--a thing relevant to an indictable offence; or

(v) in any case--any eligible seizable items.

Additional matters for warrant in relation to person

(4) If the search warrant relates to a person, the issuing officer is also

to state:

(a) the kind of search (ordinary or frisk) of the person that the

warrant authorises; and

(b) that the warrant authorises the seizure of a thing (other than

evidential material of the kind referred to in paragraph (1)(c))

found, in the course of the search, in the possession of the

person or in, or on, an aircraft, vehicle or vessel that the

person had operated or occupied at any time within 24 hours

before the search began, being a thing that the authorised

officer or an assisting officer believes on reasonable grounds

to be:

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(i) in the case of an investigation warrant--evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) in the case of an offence warrant--a thing relevant to

the offence to which the warrant relates; or

(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

(iv) in any case--a thing relevant to an indictable offence;

if the authorised officer or the assisting officer believes on

reasonable grounds that seizure of the thing is necessary to

prevent its concealment, loss or destruction or its use in

committing an offence.

Successive warrants

(5) Paragraph (1)(e) does not prevent the issue of successive warrants

in relation to the same premises or person.

119 Application by telephone etc. and issue of warrant

(1) An authorised officer may apply to an issuing officer for a search

warrant by telephone, fax, email or other electronic means:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(2) The issuing officer:

(a) may require communication by voice to the extent that is

practicable in the circumstances; and

(b) may make a recording of the whole or any part of any such

communication by voice.

(3) An application under this section must include all information that

is required in an ordinary application for a search warrant, but the

application may, if necessary, be made before the information is

sworn or affirmed.

(4) If an application is made under this section:

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(a) sections 116 and 117 apply as if subsections 116(1), (2), (3)

and (4) and 117(1), (2), (3) and (4) referred to 48 hours rather

than 72 hours; and

(b) section 118 applies as if subsection 118(2) referred to the end

of the 48th hour rather than the end of the seventh day.

(5) If an application is made to an issuing officer under this section

and the issuing officer, after considering the information and

having received and considered such further information (if any) as

the issuing officer required, is satisfied that:

(a) a search warrant in the terms of the application should be

issued urgently; or

(b) the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant;

the issuing officer may complete and sign the same form of search

warrant that would be issued under section 117.

(6) If the issuing officer decides to issue the search warrant, the issuing

officer is to inform the applicant, by telephone, fax, email or other

electronic means, of the terms of the warrant and the day on which

and the time at which it was signed.

(7) The applicant must then complete a form of search warrant in

terms substantially corresponding to those given by the issuing

officer, stating on the form the name of the issuing officer and the

day on which and the time at which the warrant was signed.

(8) The applicant must give or transmit to the issuing officer:

(a) the form of search warrant completed by the applicant; and

(b) if the information referred to in subsection (3) was not sworn

or affirmed--that information duly sworn or affirmed.

(9) The applicant must do so not later than the day after the warrant

expires or the day after the day on which the search warrant was

executed, whichever is the earlier.

(10) The issuing officer is to attach to the documents provided under

subsection (8) the form of search warrant the issuing officer has

completed.

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(11) If:

(a) it is material, in any proceedings, for a court to be satisfied

that the exercise of a power under a search warrant issued

under this section was duly authorised; and

(b) the form of search warrant signed by the issuing officer is not

produced in evidence;

the court is to assume, unless the contrary is proved, that the

exercise of the power was not duly authorised.

(12) In this section:

applicant

means the authorised officer who applied for the search

warrant.

120 The things authorised by a search warrant in relation to

premises

A search warrant in force in relation to premises authorises the

authorised officer executing the warrant or an assisting officer to

do any of the following:

(a) to enter the premises;

(b) to search for and record fingerprints found at the premises

and to take samples of things found at the premises for

forensic purposes;

specified in the warrant, and to seize things of that kind

found on the premises;

(d) to seize other things found on the premises in the course of

the search that the authorised officer or the assisting officer

believes on reasonable grounds to be:

(i) in the case of an investigation warrant--evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) in the case of an offence warrant--a thing relevant to

the offence to which the warrant relates; or

(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

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(iv) in any case--a thing relevant to an indictable offence;

if the authorised officer or the assisting officer believes on

reasonable grounds that seizure of the thing is necessary to

prevent its concealment, loss or destruction or its use in

committing an offence;

(e) to seize other things found at the premises in the course of

the search that the authorised officer or the assisting officer

believes on reasonable grounds to be eligible seizable items;

(f) if the warrant so allows--to conduct an ordinary search or a

frisk search of a person at or near the premises if the

authorised officer or the assisting officer suspects on

reasonable grounds that the person has in the person's

possession:

(i) in the case of an investigation warrant--any evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) in the case of an offence warrant--a thing relevant to

the offence to which the warrant relates; or

(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

(iv) in any case--a thing relevant to an indictable offence; or

(v) in any case--any eligible seizable items.

121 The things authorised by a search warrant in relation to a

person

(1) A search warrant in force in relation to a person authorises the

authorised officer executing the warrant or an assisting officer to

do any of the following:

(a) to search:

(i) the person as specified in the warrant and things found

in the possession of the person; and

(ii) any aircraft, vehicle or vessel that the person had

operated or occupied at any time within 24 hours before

the search began, for things specified in the warrant;

(b) to:

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(i) seize things of that kind; or

(ii) record fingerprints from things; or

(iii) take forensic samples from things;

found in the course of the search;

person or in the aircraft, vehicle or vessel referred to in

subparagraph (a)(ii) in the course of the search that the

authorised officer or the assisting officer believes on

reasonable grounds to be:

(i) in the case of an investigation warrant--evidential

material in relation to the corruption issue or public

inquiry to which the warrant relates; or

(ii) in the case of an offence warrant--a thing relevant to

the offence to which the warrant relates; or

(iii) in any case--evidential material (within the meaning of

the

Proceeds of Crime Act 2002

) or tainted property

(within the meaning of that Act); or

(iv) in any case--a thing relevant to an indictable offence;

if the authorised officer or the assisting officer believes on

reasonable grounds that seizure of the thing is necessary to

prevent its concealment, loss or destruction or its use in

committing an offence;

(d) to seize other things found in the course of the search that the

authorised officer or the assisting officer believes on

reasonable grounds to be eligible seizable items.

(2) If the search warrant authorises an ordinary search or a frisk search

of a person, a search of the person different from that authorised by

the warrant must not be done under the warrant.

122 Restrictions on personal searches

A search warrant may not authorise a strip search or a search of a

person's body cavities.

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123 When warrant may be executed etc.

(1) If a search warrant states that it may be executed only during

particular hours, the warrant must not be executed outside those

hours.

(2) If things are seized under a search warrant, the warrant authorises

the authorised officer executing the warrant to make the things

available to officers of other government agencies if it is necessary

to do so for the purpose of investigating or prosecuting an offence

to which the things relate.

Subdivision D--General provisions about executing a search

warrant

124 Announcement before entry

(1) An authorised officer executing the search warrant must, before

any person enters premises under the warrant:

(a) announce that the authorised officer is authorised to enter the

premises; and

(b) give any person at the premises an opportunity to allow entry

to the premises.

(2) An authorised officer is not required to comply with subsection (1)

if the authorised officer believes on reasonable grounds that

immediate entry to the premises is required:

(a) to ensure the safety of a person (including an authorised

officer or assisting officer); or

(b) to ensure that the effective execution of the warrant is not

frustrated.

125 Availability of assistance and use of force in executing a warrant

(1) In executing a search warrant, the authorised officer executing the

warrant may:

(a) obtain the assistance that is necessary and reasonable in the

circumstances; and

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(b) use the force against persons and things that is necessary and

reasonable in the circumstances.

(2) In executing a search warrant:

(a) if an assisting officer is also an authorised officer or a

constable--the assisting officer may use the force against

persons and things that is necessary and reasonable in the

circumstances; and

(b) if an assisting officer is not an authorised officer or a

constable--the assisting officer may use the force against

things that is necessary and reasonable in the circumstances.

(3) Only an authorised officer or a constable may take part in

searching a person.

Subdivision E--Specific provisions about executing a warrant

in relation to premises

126 Application

This Subdivision applies if a search warrant in relation to premises

is being executed.

127 Copy of warrant to be shown to occupier etc.

(1) If the occupier of the premises, or another person who apparently

represents the occupier, is present at the premises, the authorised

officer executing the search warrant or an assisting officer must

make a copy of the warrant available to the person.

(2) If a person is searched under a search warrant in relation to

premises, the authorised officer executing the warrant or an

assisting officer must show the person a copy of the warrant.

(3) The authorised officer must identify himself or herself to the

person at the premises.

(4) The copy of the search warrant need not include the signature of

the issuing officer who issued it.

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128 Occupier entitled to watch search

(1) The occupier of the premises, or another person who apparently

represents the occupier, who is present at the premises, is entitled

to watch the search.

(2) Subsection (1) is subject to Part IC of the

Crimes Act 1914

(3) The right to watch the search being conducted ceases if the person

impedes the search.

(4) This section does not prevent 2 or more areas of the premises being

searched at the same time.

129 Specific powers available to person executing a warrant

(1) The authorised officer executing the search warrant or an assisting

officer may take photographs or video recordings of the premises

or things on the premises:

(a) for a purpose incidental to the execution of the warrant; or

(b) with the written consent of the occupier of the premises.

(2) The authorised officer executing the search warrant and all

assisting officers may, if the warrant is still in force, finish

executing the warrant after all of them temporarily stop executing

it and leave the premises:

(a) for not more than one hour; or

(b) for a longer period with the written consent of the occupier of

the premises.

(3) The execution of a search warrant that is stopped by an order of a

court may be completed if:

(a) the order is later revoked or reversed on appeal; and

(b) the warrant is still in force.

130 Use of equipment to examine or process things

(1) The authorised officer executing the search warrant or an assisting

officer may bring to the premises any equipment (including

electronic equipment) reasonably necessary to examine or process

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things found at the premises in order to determine whether they are

things that may be seized under the warrant.

(2) A thing found at the premises may be moved to another place for

examination or processing in order to determine whether it may be

seized under a warrant if:

(a) both of the following apply:

(i) it is significantly more practicable to do so having

regard to the timeliness and cost of examining or

processing the thing at another place and the availability

of expert assistance;

(ii) there are reasonable grounds to believe that the thing

contains or constitutes evidential material; or

(b) the occupier of the premises consents in writing.

(3) If things are moved to another place for the purpose of examination

or processing, the authorised officer must, if it is practicable to do

so:

(a) inform the occupier of the address of the place and the time

at which the examination or processing will be carried out;

and

(b) allow the occupier or the occupier's representative to be

present during the examination or processing.

(4) The thing may be moved to another place for examination or

processing for no longer than 72 hours.

(5) An authorised officer may apply to an issuing officer for one or

more extensions of that time if the authorised officer believes on

reasonable grounds that the thing cannot be examined or processed

within 72 hours or that time as previously extended.

(6) The authorised officer must give notice of the application for an

extension to the occupier of the premises, and the occupier is

entitled to be heard in relation to the application.

(7) The provisions of this Division in relation to the issuing of search

warrants apply, with such modifications as are necessary, to the

issuing of an extension.

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(8) The authorised officer executing the search warrant or an assisting

officer may operate equipment (including electronic equipment)

already on the premises to examine or process a thing found on the

premises in order to determine whether it may be seized under the

warrant, if the authorised officer or the assisting officer believes on

reasonable grounds that:

(a) the equipment is suitable for the examination or processing;

and

(b) the examination or processing can be carried out without

damaging the equipment or thing.

(9) A notice of the application for an extension given to the occupier

of the premises under this section is not a legislative instrument.

131 Use of electronic equipment at premises without expert

assistance

(1) The authorised officer executing the search warrant or an assisting

officer may operate electronic equipment on the premises to access

data (including data not held at the premises) if the authorised

officer or assisting officer believes on reasonable grounds that:

(a) the data might constitute evidential material; and

(b) the equipment can be operated without damaging it.

Note:

An authorised officer can obtain an order requiring a person with

knowledge of a computer or computer system to provide assistance:

see section 133.

(2) If the authorised officer or the assisting officer believes on

reasonable grounds that any data accessed by operating the

electronic equipment might constitute evidential material, the

authorised officer or assisting officer may:

(a) copy the data to a disk, tape or other associated device

brought to the premises; or

(b) if the occupier of the premises agrees in writing--copy the

data to a disk, tape or other associated device at the premises;

and take the device from the premises.

(3) If:

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(a) the authorised officer or the assisting officer takes the device

from the premises; and

(b) the Federal Integrity Commissioner is satisfied that the data

is not required (or is no longer required) for:

(i) investigating a corruption issue; or

(ii) conducting a public inquiry; or

(iii) judicial proceedings or administrative review

proceedings;

the Federal Integrity Commissioner must arrange for:

AFIC; and

(d) the destruction of any other reproduction of the data in the

control of AFIC.

(4) However, the Federal Integrity Commissioner must not do so if the

data is evidence that the Federal Integrity Commissioner must deal

with in accordance with Part 7.

(5) If the authorised officer or the assisting officer, after operating the

equipment, finds that evidential material is accessible by doing so,

the authorised officer or assisting officer may:

(a) seize the equipment and any disk, tape or other associated

device; or

(b) if the material can, by using facilities at the premises, be put

in documentary form--operate the facilities to put the

material in that form and seize the documents so produced.

(6) A person may seize equipment under paragraph (5)(a) only if:

(a) it is not practicable to put the material in documentary form

as referred to in paragraph (5)(b); or

(b) possession of the equipment by the occupier could constitute

an offence.

132 Use of electronic equipment at premises with expert assistance

(1) If the authorised officer executing the search warrant or an

assisting officer believes on reasonable grounds that:

(a) evidential material may be accessible by operating electronic

equipment at the premises; and

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(b) expert assistance is required to operate the equipment; and

action under this subsection, the material may be destroyed,

altered or otherwise interfered with;

the authorised officer or assisting officer may do whatever is

necessary to secure the equipment, whether by locking it up,

placing a guard or otherwise.

(2) The authorised officer or the assisting officer must notify the

occupier of the premises, in writing, of:

(a) the authorised officer's or assisting officer's intention to

secure the equipment; and

(b) the fact that the equipment may be secured for up to 24

hours.

(3) The equipment may be secured for up to 24 hours to allow the

equipment to be operated by an expert.

(4) If the authorised officer or the assisting officer believes on

reasonable grounds that expert assistance will not be available

within 24 hours, the authorised officer or assisting officer may

apply to an issuing officer for an extension of that period.

(5) The authorised officer or the assisting officer must give notice of

the application for an extension to the occupier of the premises,

and the occupier is entitled to be heard in relation to the

application.

(6) The provisions of this Division in relation to the issuing of search

warrants apply, with such modifications as are necessary, to the

issuing of an extension.

(7) A notice of the application for an extension given to the occupier

of the premises under this section is not a legislative instrument.

133 Person with knowledge of a computer or a computer system to

assist access etc.

(1) The authorised officer executing the search warrant may apply to

an issuing officer for an order requiring a specified person to

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provide any information or assistance that is reasonable and

necessary to allow the officer or an assisting officer or to do one or

more of the following:

(a) access data held in a computer, or accessible from a

computer, that is on premises in relation to which the warrant

is in force;

(b) copy the data to a data storage device;

(2) The issuing officer may grant the order if the issuing officer is

satisfied that:

(a) there are reasonable grounds for suspecting that evidential

material is held in, or is accessible from, the computer; and

(b) the specified person is:

(i) in the case of an investigation warrant--reasonably

suspected of having, or having access to, data that may

be relevant to the corruption issue or public inquiry to

which the warrant relates; or

(ii) in the case of an offence warrant--reasonably suspected

of having committed the offence stated in the warrant;

(iii) the owner or lessee of the computer; or

(iv) an employee of the owner or lessee of the computer; and

(i) the computer or a computer network of which the

computer forms a part; or

(ii) measures applied to protect data held in, or accessible

from, the computer.

(3) A person commits an offence if the person fails to comply with the

order.

Penalty: Imprisonment for 6 months.

134 Accessing data held on other premises--notification to occupier

of those premises

(1) If:

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(a) data that is held on premises (other than the premises in

relation to which the warrant is in force) is accessed under

subsection 131(1); and

(b) it is practicable to notify the occupier of the other premises

that the data has been accessed under a warrant;

the authorised officer executing the search warrant must:

(d) if the authorised officer has arranged, or intends to arrange,

for continued access to the data under subsection 131(2) or

(5)--include that information in the notification.

(2) A notification under subsection (1) must include sufficient

information to allow the occupier of the other premises to contact

the authorised officer.

135 Compensation for damage to electronic equipment

(1) This section applies if:

(a) as a result of equipment being operated as mentioned in

section 130, 131 or 132:

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or

with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment.

(2) The Commonwealth must pay the owner of the equipment, or the

user of the data or programs, such reasonable compensation for the

damage or corruption as the Commonwealth and the owner or user

agree on.

(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in the Federal

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Court for such reasonable amount of compensation as the Court

determines.

(4) In determining the amount of compensation payable, regard is to

be had to whether the occupier of the premises, or the occupier's

employees or agents, if they were available at the time, had

provided any appropriate warning or guidance on the operation of

the equipment.

(5) Compensation is payable out of money appropriated by the

Parliament by another Act.

(6) For the purpose of subsection (1):

damage

, in relation to data, includes damages by erasure of data or

addition of other data.

136 Copies of seized things to be provided

(1) If the authorised officer executing the search warrant or an

assisting officer seizes:

(a) a document, film, computer file or other thing that can be

readily copied; or

(b) a device storing information that can be readily copied;

the authorised officer or the assisting officer

must, if requested to

do so by the occupier of the premises or another person who

apparently represents the occupier and who is present when the

warrant is executed, give a copy of the thing or the information to

that person as soon as practicable after the seizure.

(2) However, subsection (1) does not apply if:

(a) the thing that has been seized was seized under

subsection 131(2) or paragraph 131(5)(a); or

(b) possession of the document, film, computer file, thing or

information by the occupier could constitute an offence.

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137 Receipts of things seized under warrant

(1) If a thing is seized under a search warrant or moved under

subsection 130(2), the authorised officer executing the warrant or

an assisting officer must provide a receipt for the thing.

(2) If 2 or more things are seized or moved, they may be covered by

the one receipt.

Subdivision F--Specific provisions about executing a warrant

in relation to a person

138 Copy of warrant to be shown to person

(1) If a search warrant in relation to a person is being executed, the

authorised officer executing the warrant or an assisting officer

must make a copy of the warrant available to that person.

(2) The authorised officer must identify himself or herself to the

person being searched.

(3) The copy of the warrant need not include the signature of the

issuing officer who issued it.

139 Conduct of an ordinary search or a frisk search

An ordinary search or a frisk search of a person must, if

practicable, be conducted by a person of the same sex as the person

being searched.

Subdivision G--Offences

140 Making false statements in warrants

A person commits an offence if:

(a) the person makes a statement in applying for a search

warrant; and

(b) the person knows that the statement is false or misleading in

a material particular.

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Penalty: Imprisonment for 2 years.

141 Offence for stating incorrect names in telephone warrants

A person commits an offence if:

(a) the person states a name of an issuing officer in a document;

and

(b) the document purports to be a form of search warrant under

section 119; and

search warrant.

Penalty: Imprisonment for 2 years.

142 Offence for unauthorised form of warrant

A person commits an offence if:

(a) the person states a matter in a form of search warrant under

section 119; and

(b) the person knows that the matter departs in a material

particular from the form authorised by the issuing officer.

Penalty: Imprisonment for 2 years.

143 Offence for executing etc. an unauthorised form of warrant

A person commits an offence if:

(a) the person executes or presents a document to another

person; and

(b) the document purports to be a form of search warrant under

section 119; and

(i) has not been approved by an issuing officer under that

section; or

(ii) departs in a material particular from the terms

authorised by an issuing officer under that section.

Penalty: Imprisonment for 2 years.

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144 Offence for giving unexecuted form of warrant

A person commits an offence if:

(a) the person gives an issuing officer a form of search warrant

under section 119; and

(b) the document is not the form of search warrant that the

person executed.

Penalty: Imprisonment for 2 years.

Subdivision H--Miscellaneous

145 Other laws about search, arrest etc. not affected

(1) This Division is not intended to limit or exclude the operation of

another law of the Commonwealth relating to:

(a) the search of persons or premises; or

(b) arrest and related matters; or

(2) To avoid doubt, even though another law of the Commonwealth

provides power to do one or more of the things referred to in

subsection (1), a similar power conferred by this Division may be

used despite the existence of the power under the other law.

146 Law relating to legal professional privilege not affected

This Division does not affect the law relating to legal professional

privilege.

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Division 4--Powers of arrest

147 Authorised officers may exercise powers of arrest

For the purposes of investigating a corruption issue, an authorised

officer who is not a constable (within the meaning of the

Crimes

Act 1914

) has the same powers and duties under Divisions 4 and 5

of Part IAA of the

Crimes Act 1914

as a constable as if the

authorised officer were a constable.

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Division 5--Authorised officers

148 Appointment of authorised officers

(1) The Federal Integrity Commissioner may, in writing, authorise a

person to be an authorised officer for the purposes of this Part.

(2) The Federal Integrity Commissioner must authorise a member of

the AFP to be an authorised officer unless:

(a) the Federal Integrity Commissioner is satisfied that

authorising a member of the AFP would comprise the

independence or integrity of an investigation or public

inquiry; or

(b) the Commissioner of the AFP does not agree to the

appointment.

(3) If paragraph (2)(a) or (b) applies, then the Federal Integrity

Commissioner must authorise a member of the police force of a

State or Territory to be an authorised officer unless the Federal

Integrity Commissioner is satisfied that authorising a member of

the police force of a State or Territory would comprise the

independence or integrity of an investigation or public inquiry.

(4) If paragraph (2)(a) or (b) and subsection (3) applies, then the

Federal Integrity Commissioner must authorise a staff member of

AFIC whom the Federal Integrity Commissioner declares has

suitable qualifications or experience based on official industry

standards for police training and competency to be an authorised

officer.

(5) In exercising powers as an authorised officer, an authorised officer

must comply with any directions given by the Federal Integrity

Commissioner.

(6) If the Federal Integrity Commissioner gives a direction under

subsection (5) in writing, the direction is not a legislative

instrument.

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149 Identity cards

Issue of identity card

(1) The Federal Integrity Commissioner must issue an identity card to

a person who is an authorised officer for the purposes of this Part.

Form of identity card

(2) An identity card:

(a) must be in the form prescribed by the regulations; and

(b) must contain a recent photograph of the authorised officer.

Identity card to be carried and produced on request

(3) An authorised officer must carry the identity card at all times when

exercising powers as an authorised officer in accordance with this

Part.

(4) An authorised officer is not entitled to exercise any powers under

this Part in relation to premises if:

(a) the occupier of the premises requires the authorised officer to

produce the authorised officer's identity card for inspection

by the occupier; and

(b) the authorised officer fails to comply with the requirement.

(5) An authorised officer is not entitled to exercise any powers under

this Part in relation to a person if:

(a) the person requires the authorised officer to produce the

authorised officer's identity card for inspection by the

person; and

(b) the authorised officer fails to comply with the requirement.

Offence

(6) A person commits an offence if:

(a) the person has been issued with an identity card; and

(b) the person ceases to be an authorised officer; and

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Part 7--Dealing with evidence and information

obtained in investigation or public inquiry

150 Evidence of offence or liability to civil penalty

Commonwealth offence or civil penalty

(1) If, in investigating a corruption issue or conducting a public

inquiry, the Federal Integrity Commissioner obtains:

(a) evidence of an offence against a law of the Commonwealth

that would be admissible in a prosecution for the offence; or

(b) evidence of the contravention of a law of the

Commonwealth:

(i) in relation to which civil penalty proceedings may be

brought; and

(ii) that would be admissible in civil penalty proceedings

for the contravention;

the Federal Integrity Commissioner must:

(d) give the evidence to:

(i) the Commonwealth Director of Public Prosecutions; or

(ii) another person or authority who is authorised by or

under a law of the Commonwealth to prosecute the

offence or bring the civil penalty proceedings.

State or Territory offence or civil penalty

(2) If, in investigating a corruption issue or conducting a public

inquiry, the Federal Integrity Commissioner obtains:

(a) evidence of an offence against a law of a State or Territory

that would be admissible in a prosecution for the offence; or

(b) evidence of the contravention of a law of a State or Territory:

(i) in relation to which civil penalty proceedings may be

brought; and

(ii) that would be admissible in civil penalty proceedings

for the contravention;

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the Federal Integrity Commissioner must:

(d) give the evidence to:

(i) the head (however described) of the police force of the

State or Territory; or

(ii) another person or authority who is authorised by or

under a law of the State or Territory to prosecute the

offence or bring the civil penalty proceedings.

Note:

Commonwealth of Australia Bills

AUSTRALIAN FEDERAL INTEGRITY COMMISSION BILL 2021