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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Anti-Corruption Commission
(Consequential and Transitional
Provisions) Bill 2022
No. , 2022
(Attorney-General)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the National Anti-Corruption Commission Act 2022,
and for other purposes
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Repeals
4
Law Enforcement Integrity Commissioner Act 2006
4
Part 2--Consequential amendments
5
Administrative Decisions (Judicial Review) Act 1977
5
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
5
Archives Act 1983
6
Australian Border Force Act 2015
6
Australian Crime Commission Act 2002
7
Australian Federal Police Act 1979
8
Australian Securities and Investments Commission Act 2001
9
Crimes Act 1914
10
Criminal Code Act 1995
21
Data Availability and Transparency Act 2022
22
Financial Transaction Reports Act 1988
22
Inspector-General of Intelligence and Security Act 1986
23
National Consumer Credit Protection Act 2009
25
National Emergency Declaration Act 2020
25
Ombudsman Act 1976
25
Privacy Act 1988
30
Proceeds of Crime Act 2002
31
Public Interest Disclosure Act 2013
32
Radiocommunications Act 1992
36
Royal Commissions Act 1902
37
Surveillance Devices Act 2004
37
Taxation Administration Act 1953
40
Telecommunications Act 1997
42
ii
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Telecommunications (Interception and Access) Act 1979
42
Witness Protection Act 1994
51
Part 3--Other amendments
52
Telecommunications Act 1997
52
Schedule 2--Application, saving and transitional provisions
57
Part 1--Introduction
57
Part 2--Existing investigations and inquiries
59
Part 3--Corruption issues previously referred or notified
62
Part 4--Facilitating investigations and inquiries
63
Part 5--Requirements or permissions etc. under other Acts
68
Part 6--ACLEI corruption issues
75
Part 7--Information disclosure--prevention on public interest
grounds
77
Part 8--Reporting
78
Part 9--Staffing
81
Part 10--Miscellaneous transitional provisions
83
Part 11--Transitional application of certain provisions in new
Act
86
Part 12--Transitional rules
87
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the National Anti-Corruption Commission Act 2022,
3
and for other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
National Anti-Corruption Commission
7
(Consequential and Transitional Provisions) Act 2022
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as section 40 of the
National Anti-Corruption Commission Act
2022
commences.
However, the provisions do not commence
at all if that section does not commence.
3. Schedule 2,
items 1 to 55
At the same time as section 40 of the
National Anti-Corruption Commission Act
2022
commences.
However, the provisions do not commence
at all if that section does not commence.
4. Schedule 2,
item 56
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Division 1 of Part 10 of the
National
Anti-Corruption Commission Act 2022
.
However, the provision does not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 2,
item 57
At the same time as section 40 of the
National Anti-Corruption Commission Act
2022
commences.
However, the provision does not commence
at all if that section does not commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1
Amendments
Part 1
Repeals
4
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Schedule 1--Amendments
1
Part 1--Repeals
2
Law Enforcement Integrity Commissioner Act 2006
3
1 The whole of the Act
4
Repeal the Act.
5
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
5
Part 2--Consequential amendments
1
Administrative Decisions (Judicial Review) Act 1977
2
2 At the end of Schedule 1
3
Add:
4
; (zi) decisions under the following provisions of the
National
5
Anti-Corruption Commission Act 2022
:
6
(i) provisions in Part 6 (including that Part as applied by
7
section 211 of that Act);
8
(ii) provisions in Part 7 (including that Part as applied by
9
sections 163 and 214 of that Act);
10
(iii) sections 161, 162, 209, 210 and 213.
11
3 Paragraph (eaa) of Schedule 2
12
Repeal the paragraph.
13
Anti-Money Laundering and Counter-Terrorism Financing
14
Act 2006
15
4 Section 5 (definition of Australian Commission for Law
16
Enforcement Integrity officer)
17
Repeal the definition.
18
5 Section 5 (paragraph (e) of the definition of entrusted
19
investigating official)
20
Repeal the paragraph, substitute:
21
(e) the National Anti-Corruption Commissioner; or
22
6 Section 5 (definition of Integrity Commissioner)
23
Repeal the definition.
24
7 Section 5 (paragraph (f) of the definition of investigating
25
officer)
26
Repeal the paragraph, substitute:
27
Schedule 1
Amendments
Part 2
Consequential amendments
6
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(f) a National Anti-Corruption Commission officer.
1
8 Section 5
2
Insert:
3
National Anti-Corruption Commissioner
means the
4
Commissioner within the meaning of the
National Anti-Corruption
5
Commission Act 2022
.
6
National Anti-Corruption Commission officer
means a staff
7
member of the NACC within the meaning of the
National
8
Anti-Corruption Commission Act 2022
.
9
9 Paragraph 49(1)(f)
10
Repeal the paragraph, substitute:
11
(f) the National Anti-Corruption Commissioner; or
12
10 Paragraph 121(2)(e)
13
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
14
"
National Anti-Corruption Commission Act 2022
".
15
Archives Act 1983
16
11 Paragraph 33(1A)(ba)
17
Repeal the paragraph, substitute:
18
(ba) a person who is providing, or has provided, confidential
19
information to the Inspector of the National Anti-Corruption
20
Commission, or the National Anti-Corruption Commissioner
21
or another staff member of the NACC (within the meaning of
22
the
National Anti-Corruption Commission Act 2022
), in
23
relation to such a matter; or
24
Australian Border Force Act 2015
25
12 Section 43 (heading)
26
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
27
"
National Anti-Corruption Commission Act 2022
".
28
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
7
13 Paragraph 43(b)
1
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
2
"
National Anti-Corruption Commission Act 2022
".
3
Australian Crime Commission Act 2002
4
14 Subparagraph 7A(ca)(iii)
5
Omit "Australian Commission for Law Enforcement Integrity",
6
substitute "National Anti-Corruption Commission".
7
15 Paragraph 21C(2)(g)
8
Repeal the paragraph, substitute:
9
(g) as a NACC disclosure (within the meaning of the
National
10
Anti-Corruption Commission Act 2022
).
11
16 Paragraph 21C(4)(e)
12
Repeal the paragraph, substitute:
13
(e) by making a NACC disclosure (within the meaning of the
14
National Anti-Corruption Commission Act 2022
).
15
17 Paragraph 29B(2)(g)
16
Repeal the paragraph, substitute:
17
(g) as a NACC disclosure (within the meaning of the
National
18
Anti-Corruption Commission Act 2022
).
19
18 Paragraph 29B(4)(e)
20
Repeal the paragraph, substitute:
21
(e) by making a NACC disclosure (within the meaning of the
22
National Anti-Corruption Commission Act 2022
).
23
19 Subsection 51(4) (paragraph (c) of the definition of
24
relevant Act)
25
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
26
"
National Anti-Corruption Commission Act 2022
".
27
Schedule 1
Amendments
Part 2
Consequential amendments
8
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Australian Federal Police Act 1979
1
20 Subsection 4(1) (definition of corrupt conduct)
2
Repeal the definition, substitute:
3
corrupt conduct
has the same meaning as in the
National
4
Anti-Corruption Commission Act 2022
.
5
21 Subsection 4(1) (definition of corruption issue)
6
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
7
"
National Anti-Corruption Commission Act 2022
".
8
22 Subsection 4(1) (definition of engages in corrupt conduct)
9
Repeal the definition.
10
23 Subsection 4(1)
11
Insert:
12
National Anti-Corruption Commissioner
means the
13
Commissioner within the meaning of the
National Anti-Corruption
14
Commission Act 2022
.
15
24 Paragraph 40RB(2)(c)
16
Omit "Integrity Commissioner under the
Law Enforcement Integrity
17
Commissioner Act 2006
", substitute "National Anti-Corruption
18
Commissioner under the
National Anti-Corruption Commission Act
19
2022
".
20
25 At the end of paragraphs 40TL(1)(b) and (2)(b)
21
Add "or a corruption issue".
22
26 Subsection 40TL(3)
23
Repeal the subsection, substitute:
24
(3) This Subdivision also applies if the National Anti-Corruption
25
Commissioner refers a corruption issue that relates to the conduct
26
of an AFP appointee to the Commissioner under
27
paragraph 41(1)(c) of the
National Anti-Corruption Commission
28
Act 2022
.
29
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
9
27 Subsection 40TO(7)
1
Omit "Integrity Commissioner", substitute "National Anti-Corruption
2
Commissioner".
3
28 Paragraph 40UB(1)(b)
4
Omit "Integrity Commissioner", substitute "National Anti-Corruption
5
Commissioner".
6
29 Subsections 40UD(3) and 40WA(4)
7
Omit "Integrity Commissioner" (wherever occurring), substitute
8
"National Anti-Corruption Commissioner".
9
30 Subsection 40WA(4)
10
Omit "Integrity Commissioner's", substitute "National Anti-Corruption
11
Commissioner's".
12
31 Subsection 40WB(1) (including the note)
13
Omit "Integrity Commissioner" (wherever occurring), substitute
14
"National Anti-Corruption Commissioner".
15
32 Paragraph 60A(2)(d)
16
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
17
"
National Anti-Corruption Commission Act 2022
".
18
33 Subsection 60A(3) (subparagraph (a)(ii) of the definition of
19
prescribed information)
20
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
21
"
National Anti-Corruption Commission Act 2022
".
22
Australian Securities and Investments Commission Act 2001
23
34 Section 39H (modified paragraph 3ZQU(4)(h) of the Crimes
24
Act 1914)
25
Repeal the paragraph, substitute:
26
(h) conducting a NACC Act process (within the meaning of the
27
National Anti-Corruption Commission Act 2022
);
28
Schedule 1
Amendments
Part 2
Consequential amendments
10
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Crimes Act 1914
1
35 Subsection 3(1)
2
Insert:
3
Inspector of the National Anti-Corruption Commission
means the
4
Inspector within the meaning of the
National Anti-Corruption
5
Commission Act 2022
.
6
36 Subsection 3(1) (definition of Integrity Commissioner)
7
Repeal the definition.
8
37 Subsection 3(1) (paragraph (ba) of the definition of law
9
enforcement officer)
10
Omit "ACLEI", substitute "the NACC".
11
38 Subsection 3(1)
12
Insert:
13
National Anti-Corruption Commissioner
means the
14
Commissioner within the meaning of the
National Anti-Corruption
15
Commission Act 2022
.
16
National Anti-Corruption Deputy Commissioner
means a Deputy
17
Commissioner within the meaning of the
National Anti-Corruption
18
Commission Act 2022
.
19
person assisting the NACC Inspector
means a person assisting the
20
Inspector within the meaning of the
National Anti-Corruption
21
Commission Act 2022
.
22
staff member
of the NACC has the same meaning as in the
23
National Anti-Corruption Commission Act 2022
.
24
39 Subsection 3(1) (definition of staff member of ACLEI)
25
Repeal the definition.
26
40 Paragraph 3ZQU(1)(i)
27
Repeal the paragraph, substitute:
28
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
11
(i) conducting a NACC Act process (within the meaning of the
1
National Anti-Corruption Commission Act 2022
);
2
41 Paragraph 3ZZEA(1)(h)
3
Repeal the paragraph, substitute:
4
(h) conducting a NACC Act process (within the meaning of the
5
National Anti-Corruption Commission Act 2022
);
6
42 Section 15GC (definition of ACLEI authorising officer)
7
Repeal the definition.
8
43 Section 15GC (paragraph (c) of the definition of
9
appropriate authorising officer)
10
Omit "an ACLEI authorising officer--any ACLEI", substitute "a
11
NACC authorising officer--any NACC".
12
44 Section 15GC (paragraph (c) of the definition of
13
authorising agency)
14
Omit "an ACLEI authorising officer--the Australian Commission for
15
Law Enforcement Integrity", substitute "a NACC authorising officer--
16
the National Anti-Corruption Commission".
17
45 Section 15GC (paragraph (e) of the definition of chief
18
officer)
19
Omit "Australian Commission for Law Enforcement Integrity--the
20
Integrity Commissioner", substitute "National Anti-Corruption
21
Commission--the National Anti-Corruption Commissioner".
22
46 Section 15GC (paragraph (c) of the definition of
23
disciplinary or legal action)
24
Omit ", within the meaning of the
Law Enforcement Integrity
25
Commissioner Act 2006
,".
26
47 Section 15GC
27
Insert:
28
disciplinary proceeding
:
29
Schedule 1
Amendments
Part 2
Consequential amendments
12
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(a) means a proceeding of a disciplinary nature under a law of
1
the Commonwealth or of a State or Territory; and
2
(b) includes action taken under Subdivision D of Division 3 of
3
Part V of the
Australian Federal Police Act 1979
.
4
48 Section 15GC (subparagraph (b)(iii) of the definition of
5
entrusted person)
6
Omit "the
Law Enforcement Integrity Commissioner Act 2006
",
7
substitute "section 12 of the
National Anti-Corruption Commission Act
8
2022
".
9
49 Section 15GC (subparagraph (b)(v) of the definition of
10
entrusted person)
11
Omit "(within the meaning of the
Law Enforcement Integrity
12
Commissioner Act 2006
) of the Australian Commission for Law
13
Enforcement Integrity", substitute "of the NACC (within the meaning
14
of the
National Anti-Corruption Commission Act 2022
)".
15
50 Section 15GC (paragraph (c) of the definition of entrusted
16
person)
17
Omit "government agency, or an integrity agency for a State or
18
Territory, with which the Integrity Commissioner is jointly
19
investigating a corruption issue under subsection 26(2) of the
Law
20
Enforcement Integrity Commissioner Act 2006
", substitute
21
"Commonwealth agency, or a State or Territory government entity, with
22
which the National Anti-Corruption Commissioner is jointly conducting
23
a corruption investigation under paragraph 41(1)(b) of the
National
24
Anti-Corruption Commission Act 2022
".
25
51 Section 15GC (paragraph (e) of the definition of law
26
enforcement agency)
27
Omit "Australian Commission for Law Enforcement Integrity",
28
substitute "National Anti-Corruption Commission".
29
52 Section 15GC
30
Insert:
31
NACC authorising officer
has the meaning given by
32
subsection 15GF(4).
33
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
13
53 Section 15GC (definition of staff member)
1
Omit "the
Law Enforcement Integrity Commissioner Act 2006
" (first
2
occurring), substitute "section 12 of the
National Anti-Corruption
3
Commission Act 2022
".
4
54 Section 15GC (note to definition of staff member)
5
Repeal the note.
6
55 Section 15GC (at the end of the definition of target
7
agency)
8
Add:
9
; (d) any other Commonwealth agency (within the meaning of the
10
National Anti-Corruption Commission Act 2022
).
11
56 Paragraph 15GF(1)(d)
12
Omit "investigation of a corruption issue (within the meaning of the
13
Law Enforcement Integrity Commissioner Act 2006
)--any ACLEI",
14
substitute "conduct of a corruption investigation (within the meaning of
15
the
National Anti-Corruption Commission Act 2022
)--any NACC".
16
57 Subsection 15GF(4)
17
Repeal the subsection, substitute:
18
(4) The following are
NACC authorising officers
:
19
(a) the National Anti-Corruption Commissioner;
20
(b) a National Anti-Corruption Deputy Commissioner (within
21
the meaning of the
National Anti-Corruption Commission
22
Act 2022
);
23
(c) another staff member of the NACC (within the meaning of
24
that Act) who:
25
(i) is an SES employee; and
26
(ii) is authorised in writing by the National Anti-Corruption
27
Commissioner for the purposes of this paragraph.
28
58 Paragraph 15HG(5)(d)
29
Repeal the paragraph, substitute:
30
(d) in relation to the National Anti-Corruption Commission--a
31
National Anti-Corruption Deputy Commissioner (within the
32
Schedule 1
Amendments
Part 2
Consequential amendments
14
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
meaning of the
National Anti-Corruption Commission Act
1
2022
); or
2
59 Paragraph 15HK(2A)(b)
3
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
4
"
National Anti-Corruption Commission Act 2022
".
5
60 Paragraph 15HK(3)(a)
6
Omit "or the Integrity Commissioner", substitute ", the National
7
Anti-Corruption Commissioner or the Inspector of the National
8
Anti-Corruption Commission".
9
61 Subparagraph 15HK(3)(c)(i)
10
Repeal the subparagraph, substitute:
11
(i) a corruption issue (within the meaning of the
National
12
Anti-Corruption Commission Act 2022
) or a NACC
13
corruption issue (within the meaning of that Act) in
14
relation to a controlled operation; or
15
62 Paragraph 15J(1)(a)
16
Omit "an ACLEI", substitute "a NACC".
17
63 Section
15JA (paragraph beginning "This Part provides")
18
Omit "the Australian Crime Commission, the Australian Federal Police
19
and the Immigration and Border Protection Department,", substitute
20
"target agencies".
21
64 Section
15JA (paragraph beginning "Integrity testing")
22
Repeal the paragraph, substitute:
23
Integrity testing operations may be authorised by the ACC, the
24
Australian Federal Police and the Immigration and Border
25
Protection Department in relation to their own agencies, or (if a
26
corruption investigation is involved) the National Anti-Corruption
27
Commission.
28
Law enforcement officers and others may take part in integrity
29
testing operations.
30
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
15
65 Section 15JC
1
Insert:
2
corruption investigation
has the same meaning as in the
National
3
Anti-Corruption Commission Act 2022
.
4
66 Section 15JC (definition of corruption issue)
5
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
6
National Anti-Corruption Commission Act 2022
".
7
67 Section 15JC (note to definition of corruption issue)
8
Repeal the note, substitute:
9
Note:
See section 9 of the
National Anti-Corruption Commission Act 2022
.
10
68 Section 15JC (paragraph (c) of the definition of
11
disciplinary or legal action)
12
Omit ", within the meaning of the
Law Enforcement Integrity
13
Commissioner Act 2006
,".
14
69 Section 15JC
15
Insert:
16
disciplinary proceeding
:
17
(a) means a proceeding of a disciplinary nature under a law of
18
the Commonwealth or of a State or Territory; and
19
(b) includes action taken under Subdivision D of Division 3 of
20
Part V of the
Australian Federal Police Act 1979
.
21
70 Section 15JC (paragraph (b) of the definition of integrity
22
testing agency)
23
Repeal the paragraph.
24
71 Section 15JC (at the end of the definition of integrity
25
testing agency)
26
Add:
27
; (e) the National Anti-Corruption Commission.
28
Schedule 1
Amendments
Part 2
Consequential amendments
16
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
72 Section 15JC (paragraph (b) of the definition of law
1
enforcement participant)
2
Repeal the paragraph, substitute:
3
(b) an employee or officer of a body (whether incorporated or
4
not) that is established by the law of a State or Territory for
5
purposes that include the purpose of investigating corruption
6
in State or Territory government entities.
7
73 Section 15JC (definition of staff member)
8
Omit "the
Law Enforcement Integrity Commissioner Act 2006
" (first
9
occurring), substitute "section 12 of the
National Anti-Corruption
10
Commission Act 2022
".
11
74 Section 15JC (note to definition of staff member)
12
Repeal the note.
13
75 Section 15JC (at the end of the definition of target agency)
14
Add:
15
; (d) any other Commonwealth agency (within the meaning of the
16
National Anti-Corruption Commission Act 2022
).
17
76 Subsection 15JD(2) (note 1)
18
Repeal the note, substitute:
19
Note 1:
For
target agency
, see section 15JC.
20
77 Subsection 15JE(1) (table item 4)
21
Repeal the item, substitute:
22
23
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
17
4
a corruption
investigation that
relates to a staff
member of a target
agency
(a) the National
Anti-Corruption
Commission; or
(b) if the corruption issue
being investigated
relates to a staff
member of the
ACC--the ACC; or
(c) if the corruption issue
being investigated
relates to a staff
member of the
Australian Federal
Police--the
Australian Federal
Police; or
(d) if the corruption issue
being investigated
relates to a staff
member of the
Immigration and
Border Protection
Department--that
Department
(a) the National
Anti-Corruption
Commissioner; or
(b) a National
Anti-Corruption
Deputy
Commissioner; or
(c) an SES employee
in the National
Anti-Corruption
Commission.
78 Subsection 15JE(1) (note 1)
1
Repeal the note, substitute:
2
Note 1:
For
target agency
, see section 15JC.
3
79 Subsection 15JE(2)
4
Omit "a target agency", substitute "the ACC, the Australian Federal
5
Policy or the Immigration and Border Protection Department".
6
80 Paragraph 15JG(2)(c)
7
Repeal the paragraph, substitute:
8
(c) if the authorising officer is an officer of the National
9
Anti-Corruption Commission--in addition to the matters
10
mentioned in paragraphs (a) and (b), the operation is part of a
11
corruption investigation.
12
Schedule 1
Amendments
Part 2
Consequential amendments
18
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
81 Section 15JI (heading)
1
Omit "
Integrity Commissioner
", substitute "
National
2
Anti-Corruption Commissioner
".
3
82 Paragraphs 15JI(b) and 15JK(3)(b)
4
Repeal the paragraphs, substitute:
5
(b) the National Anti-Corruption Commissioner (unless the
6
authorising officer is an officer of the National
7
Anti-Corruption Commission).
8
83 Paragraph 15JQ(2)(d)
9
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
10
"
National Anti-Corruption Commission Act 2022
".
11
84 Paragraphs 15JQ(3)(a) and (d)
12
Omit "Integrity Commissioner", substitute "National Anti-Corruption
13
Commissioner".
14
85 Paragraph 15JR(2)(d)
15
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
16
"
National Anti-Corruption Commission Act 2022
".
17
86 Paragraphs 15JR(3)(a) and (d)
18
Omit "Integrity Commissioner", substitute "National Anti-Corruption
19
Commissioner".
20
87 Subsection 15JS(5) (paragraph (d) of the definition of
21
chief officer)
22
Repeal the paragraph, substitute:
23
(d) for the National Anti-Corruption Commission--the National
24
Anti-Corruption Commissioner.
25
88 Subsection 15JS(5) (definition of Law Enforcement
26
Minister)
27
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
28
"
National Anti-Corruption Commission Act 2022
".
29
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Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
19
89 Section 15K (subparagraph (c)(iv) of the definition of chief
1
officer)
2
Repeal the subparagraph, substitute:
3
(iv) in relation to the National Anti-Corruption
4
Commission--the National Anti-Corruption
5
Commissioner;
6
90 Section 15K (paragraph (d) of the definition of law
7
enforcement agency)
8
Repeal the paragraph, substitute:
9
(d) the National Anti-Corruption Commission;
10
91 Section 15K (paragraph (d) of the definition of law
11
enforcement officer)
12
Repeal the paragraph, substitute:
13
(d) in relation to the National Anti-Corruption Commission--a
14
staff member of the NACC; and
15
92 Paragraph 15KB(4)(d)
16
Omit "Australian Commission for Law Enforcement Integrity--a staff
17
member of the Australian Commission for Law Enforcement Integrity",
18
substitute "National Anti-Corruption Commission--a staff member of
19
the NACC".
20
93 Paragraph 15KB(4)(d)
21
Omit "Integrity Commissioner", substitute "National Anti-Corruption
22
Commissioner".
23
94 After paragraph 15LC(4)(d)
24
Insert:
25
(da) in connection with the exercise of a power, or the
26
performance of a function or duty, of the Inspector of the
27
National Anti-Corruption Commission or a person assisting
28
the NACC Inspector; or
29
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20
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
95 Subsection 15LD(1)
1
Omit "
Law Enforcement Integrity Commissioner Act 2006
(the
LEIC
2
Minister
)", substitute "
National Anti-Corruption Commission Act 2022
3
(the
NACC Minister
)".
4
96 Paragraph 15LD(1)(g)
5
Omit "LEIC Minister", substitute "NACC Minister".
6
97 Subsections 15LD(2) and (3)
7
Omit "LEIC Minister" (wherever occurring), substitute "NACC
8
Minister".
9
98 Subsection 15LH(3) (paragraph (d) of the definition of
10
senior officer)
11
Repeal the paragraph, substitute:
12
(d) in relation to the National Anti-Corruption Commission:
13
(i) a National Anti-Corruption Deputy Commissioner; or
14
(ii) another staff member of the NACC who is an SES
15
employee, or a person occupying an equivalent or
16
higher position, and who is authorised in writing by the
17
National Anti-Corruption Commissioner for the
18
purposes of this provision; and
19
99 Subsection 15M(1) (paragraph (d) of the definition of chief
20
officer)
21
Omit "Australian Commission for Law Enforcement Integrity--the
22
Integrity Commissioner", substitute "National Anti-Corruption
23
Commission--the National Anti-Corruption Commissioner".
24
100 Subsection 15M(1) (paragraph (d) of the definition of law
25
enforcement agency)
26
Repeal the paragraph, substitute:
27
(d) the National Anti-Corruption Commission;
28
101 Section 85ZL (paragraph (bb) of the definition of law
29
enforcement agency)
30
Repeal the paragraph, substitute:
31
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No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
21
(bb) the National Anti-Corruption Commission; or
1
Criminal Code Act 1995
2
102 Subparagraph 122.5(3)(a)(iii) of the Criminal Code
3
Repeal the subparagraph, substitute:
4
(iii) the National Anti-Corruption Commissioner or another
5
staff member of the NACC (within the meaning of the
6
National Anti-Corruption Commission Act 2022
);
7
(iv) the Inspector of the National Anti-Corruption
8
Commission or a person assisting the Inspector (within
9
the meaning of the
National Anti-Corruption
10
Commission Act 2022
); and
11
103 Paragraph 122.5(3)(b) of the Criminal Code
12
Omit "or the Law Enforcement Integrity Commissioner", substitute
13
", the National Anti-Corruption Commissioner or the Inspector of the
14
National Anti-Corruption Commission".
15
104 Subparagraph 122.5(12)(b)(ii) of the Criminal Code
16
Omit "or the Law Enforcement Integrity Commissioner", substitute
17
", the National Anti-Corruption Commissioner or the Inspector of the
18
National Anti-Corruption Commission".
19
105 Section 146.1 of the Criminal Code (paragraph (aa) of the
20
definition of Commonwealth law enforcement officer)
21
Repeal the paragraph, substitute:
22
(aa) the National Anti-Corruption Commissioner; or
23
106 Section 146.1 of the Criminal Code (paragraph (ab) of the
24
definition of Commonwealth law enforcement officer)
25
Repeal the paragraph, substitute:
26
(ab) another staff member of the NACC (within the meaning of
27
the
National Anti-Corruption Commission Act 2022
); or
28
107 Section 473.1 of the Criminal Code (at the end of the
29
definition of law enforcement officer)
30
Add:
31
Schedule 1
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22
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
; (m) a staff member of the NACC (within the meaning of the
1
National Anti-Corruption Commission Act 2022
).
2
Data Availability and Transparency Act 2022
3
108 Subsection 11(3) (paragraph (a) of the definition of
4
excluded entity)
5
Omit "Australian Commission for Law Enforcement Integrity",
6
substitute "National Anti-Corruption Commission".
7
109 Subsection 11(3) (after paragraph (a) of the definition of
8
excluded entity)
9
Add:
10
(ab) the Inspector of the National Anti-Corruption Commission;
11
110 Paragraph 108(2)(k)
12
Omit "Australian Commission for Law Enforcement Integrity",
13
substitute "National Anti-Corruption Commission".
14
111 After paragraph 108(2)(k)
15
Insert:
16
(ka) the Inspector of the National Anti-Corruption Commission;
17
Financial Transaction Reports Act 1988
18
112 Subsection 3(1) (definition of Integrity Commissioner)
19
Repeal the definition.
20
113 Subsection 3(1)
21
Insert:
22
National Anti-Corruption Commissioner
means the
23
Commissioner within the meaning of the
National Anti-Corruption
24
Commission Act 2022
.
25
114 Subsection 3(1) (definition of staff member of ACLEI)
26
Repeal the definition.
27
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No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
23
115 Subsection 16(6) (paragraph (d) of the definition of
1
investigating officer)
2
Repeal the paragraph, substitute:
3
(d) a staff member of the NACC (within the meaning of the
4
National Anti-Corruption Commission Act 2022
); or
5
116 Subsection 16(6) (paragraph (aa) of the definition of
6
relevant authority)
7
Repeal the paragraph, substitute:
8
(aa) the National Anti-Corruption Commissioner; or
9
Inspector-General of Intelligence and Security Act 1986
10
117 Subsection 3(1) (subparagraph (a)(iv) of the definition of
11
integrity body)
12
Repeal the subparagraph, insert:
13
(iv) the National Anti-Corruption Commissioner;
14
(iva) the Inspector of the National Anti-Corruption
15
Commission;
16
118 Subsection 3(1) (definition of Integrity Commissioner)
17
Repeal the definition.
18
119 Subparagraph 11(4A)(a)(iv)
19
Repeal the subparagraph, substitute:
20
(iv) the National Anti-Corruption Commissioner;
21
(iva) the Inspector of the National Anti-Corruption
22
Commission;
23
120 Section 32AD (note)
24
Omit "23A of the
Law Enforcement Integrity Commissioner Act 2006
,".
25
121 After section 34AA
26
Insert:
27
Schedule 1
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24
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
34AB Disclosure of information or documents to the National
1
Anti-Corruption Commission
2
(1) The Inspector-General, or a member of the staff of the
3
Inspector-General, may divulge or communicate information, or
4
give documents, to a staff member of the NACC if:
5
(a) the information is, or the documents are, relevant to the
6
National Anti-Corruption Commissioner's functions or
7
powers; and
8
(b) the Inspector-General is satisfied on reasonable grounds that
9
the National Anti-Corruption Commissioner has satisfactory
10
arrangements in place for protecting the information or
11
documents.
12
(2) The Inspector-General, or a member of the staff of the
13
Inspector-General, may divulge or communicate information, or
14
give documents, to the Inspector of the National Anti-Corruption
15
Commission or a person assisting the Inspector if:
16
(a) the information is, or the documents are, relevant to the
17
Inspector of the National Anti-Corruption Commission's
18
functions or powers; and
19
(b) the Inspector-General is satisfied on reasonable grounds that
20
the Inspector of the National Anti-Corruption Commission
21
has satisfactory arrangements in place for protecting the
22
information or documents.
23
(3) This section applies despite anything in this Act or any other Act.
24
(4) In this section:
25
person assisting
the Inspector has the same meaning as in the
26
National Anti-Corruption Commission Act 2022
.
27
staff member
of the NACC has the same meaning as in the
28
National Anti-Corruption Commission Act 2022
.
29
122 At the end of section 34B
30
Add:
31
Note:
This section applies subject to sections 100 to 102 of the
National
32
Anti-Corruption Commission Act 2022
, including those sections as
33
applied by section 214 of that Act.
34
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No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
25
National Consumer Credit Protection Act 2009
1
123 Section 272F (modified paragraph 3ZQU(4)(h) of the
2
Crimes Act 1914)
3
Repeal the paragraph, substitute:
4
(h) conducting a NACC Act process (within the meaning of the
5
National Anti-Corruption Commission Act 2022
);
6
National Emergency Declaration Act 2020
7
124 Paragraph 15(8)(ge)
8
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
9
"
National Anti-Corruption Commission Act 2022
".
10
Ombudsman Act 1976
11
125 Subsection 3(1)
12
Insert:
13
National Anti-Corruption Commissioner
means the
14
Commissioner within the meaning of the
National Anti-Corruption
15
Commission Act 2022
.
16
126 Subsection 5(3B)
17
Repeal the subsection.
18
127 Subsections 6(16) to (19)
19
Repeal the subsections.
20
128 Section 6B (heading)
21
Omit "
Integrity Commissioner
", substitute "
National
22
Anti-Corruption Commissioner
".
23
129 Subparagraph 6B(1)(a)(i)
24
Omit "Integrity Commissioner", substitute "National Anti-Corruption
25
Commissioner".
26
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Consequential amendments
26
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
130 After section 6F
1
Insert:
2
6G Transfer of information to the National Anti-Corruption
3
Commissioner or the Inspector
4
(1) This section applies if the Ombudsman forms the opinion that a
5
complaint raises:
6
(a) a corruption issue that is likely to involve corrupt conduct
7
that is serious or systemic; or
8
(b) a NACC corruption issue.
9
(2) The Ombudsman may:
10
(a) decide to refer the information the subject of the complaint to
11
the National Anti-Corruption Commissioner or the Inspector,
12
as the case requires; and
13
(b) decide:
14
(i) to investigate the complaint, or to investigate the
15
complaint further; or
16
(ii) not to investigate the complaint, or not to investigate the
17
complaint further.
18
(3) If the Ombudsman decides to refer the information to the National
19
Anti-Corruption Commissioner or the Inspector, the Ombudsman
20
must:
21
(a) refer the information as soon as is reasonably practicable; and
22
(b) include with the referral all information relevant to the
23
corruption issue or the NACC corruption issue that is in the
24
Ombudsman's possession or control at the time the referral is
25
made; and
26
(c) as soon as is reasonably practicable, give the complainant
27
written notice of the following:
28
(i) that the information has been referred to the National
29
Anti-Corruption Commissioner or the Inspector;
30
(ii) the Ombudsman's decision on whether to investigate, or
31
continue to investigate, the complaint; and
32
(d) if the Ombudsman subsequently becomes aware of any
33
further information that is relevant to the issue--give the
34
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No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
27
National Anti-Corruption Commissioner or the Inspector the
1
further information as soon as is reasonably practicable.
2
(4) The Ombudsman is not required to provide information to the
3
National Anti-Corruption Commissioner or the Inspector under
4
subsection (3) if:
5
(a) the Ombudsman has reasonable grounds to believe the
6
National Anti-Corruption Commissioner or the Inspector is
7
already aware of the information; or
8
(b) the National Anti-Corruption Commissioner or the Inspector
9
has advised the Ombudsman that the provision of the
10
information is not required.
11
(5) In this section:
12
corruption issue
has the same meaning as in the
National
13
Anti-Corruption Commission Act 2022
.
14
Inspector
means the Inspector within the meaning of the
National
15
Anti-Corruption Commission Act 2022
.
16
NACC corruption issue
has the same meaning as in the
National
17
Anti-Corruption Commission Act 2022
.
18
131 Section 8C (heading)
19
Omit "
ACLEI
", substitute "
National Anti-Corruption Commission
".
20
132 Subsection 8C(1)
21
Omit "Integrity Commissioner", substitute "National Anti-Corruption
22
Commissioner".
23
133 Subsection 8C(1)
24
Omit "ACLEI", substitute "the NACC".
25
134 Subsection 8C(3)
26
Omit "Integrity Commissioner", substitute "Ombudsman".
27
135 Subsection 8C(7)
28
Repeal the subsection, substitute:
29
(7) In this section:
30
Schedule 1
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Consequential amendments
28
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
staff member
of the NACC
has the same meaning as in the
1
National Anti-Corruption Commission Act 2022
.
2
136 Paragraph 9(3)(f)
3
Omit "Integrity Commissioner (within the meaning of the
Law
4
Enforcement Integrity Commissioner Act 2006
)", substitute "National
5
Anti-Corruption Commissioner".
6
137 Paragraph 20ZK(1)(h)
7
Omit "Integrity Commissioner", substitute "National Anti-Corruption
8
Commissioner".
9
138 Paragraph 20ZK(1)(k)
10
Omit "ACLEI", substitute "NACC".
11
139 Subsection 20ZS(1) (table item 10, column 1)
12
Omit "Integrity Commissioner", substitute "National Anti-Corruption
13
Commissioner".
14
140 Subsection 20ZS(1) (table items 11 and 12, column 1)
15
Omit "ACLEI", substitute "NACC".
16
141 Section 35AA (heading)
17
Omit "
Integrity Commissioner
", substitute "
National
18
Anti-Corruption Commissioner or Inspector
".
19
142 At the end of paragraph 35AA(1)(b)
20
Add "or a NACC corruption issue".
21
143 Subsection 35AA(2)
22
Omit "to the Integrity Commissioner.", substitute:
23
to:
24
(d) if the information, statement or document is, or may be,
25
relevant to a corruption issue--the National Anti-Corruption
26
Commissioner; or
27
(e) if the information, statement or document is, or may be,
28
relevant to a NACC corruption issue--the Inspector.
29
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Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
29
144 Subsection 35AA(3) (definition of corruption issue)
1
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
2
"
National Anti-Corruption Commission Act 2022
".
3
145 Subsection 35AA(3) (definition of Integrity
4
Commissioner)
5
Repeal the definition.
6
146 Subsection 35AA(3)
7
Insert:
8
Inspector
means the Inspector within the meaning of the
National
9
Anti-Corruption Commission Act 2022
.
10
NACC corruption issue
has the same meaning as in the
National
11
Anti-Corruption Commission Act 2022
.
12
147 Section 35C (heading)
13
Omit "
ACLEI
", substitute "
NACC
".
14
148 Subsection 35C(1)
15
Omit "ACLEI" (wherever occurring), substitute "NACC".
16
149 Paragraph 35C(1)(c)
17
Omit "Integrity Commissioner", substitute "National Anti-Corruption
18
Commissioner or the Inspector".
19
150 Subsection 35C(2) (definition of ACLEI information)
20
Repeal the definition.
21
151 Subsection 35C(2)
22
Insert:
23
Inspector
means the Inspector within the meaning of the
National
24
Anti-Corruption Commission Act 2022
.
25
NACC information
means information or the contents of a
26
document that is, or was, in the possession or under the control of
27
the National Anti-Corruption Commissioner or the Inspector.
28
Schedule 1
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Part 2
Consequential amendments
30
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Privacy Act 1988
1
152 Subsection 6(1) (paragraph (aa) of the definition of
2
enforcement body)
3
Repeal the paragraph, substitute:
4
(aa) the National Anti-Corruption Commissioner; or
5
(ab) the Inspector of the National Anti-Corruption Commission;
6
or
7
153 Subsection 6(1) (definition of Integrity Commissioner)
8
Repeal the definition.
9
154 Subparagraph 7(1)(a)(iiia)
10
Repeal the subparagraph, substitute:
11
(iiia) the National Anti-Corruption Commissioner; or
12
(iiib) the Inspector of the National Anti-Corruption
13
Commission; or
14
155 Paragraph 7(1)(ga)
15
Repeal the paragraph, substitute:
16
(ga) the National Anti-Corruption Commissioner or another staff
17
member of the NACC (within the meaning of the
National
18
Anti-Corruption Commission Act 2022
); or
19
(gb) the Inspector of the National Anti-Corruption Commission or
20
a person assisting the Inspector (within the meaning of the
21
National Anti-Corruption Commission Act 2022
); or
22
156 Subsection 20E(5) (note)
23
Omit "
Law Enforcement Integrity Commissioner Act 2006
", substitute
24
"
National Anti-Corruption Commission Act 2022
".
25
157 Paragraph 70(2)(c)
26
Omit "Integrity Commissioner", substitute "National Anti-Corruption
27
Commissioner or the Inspector of the National Anti-Corruption
28
Commission".
29
Amendments
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Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
31
Proceeds of Crime Act 2002
1
158 Subsection 15B(1) (note 1)
2
Omit "Australian Commission for Law Enforcement Integrity",
3
substitute "National Anti-Corruption Commission".
4
159 Section 15C (note)
5
Omit "Australian Commission for Law Enforcement Integrity",
6
substitute "National Anti-Corruption Commission".
7
160 Subsections 15D(1) and 15P(1) (note)
8
Omit "Australian Commission for Law Enforcement Integrity",
9
substitute "National Anti-Corruption Commission".
10
161 Paragraph 213(3)(ca)
11
Repeal the paragraph, substitute:
12
(ca) the National Anti-Corruption Commissioner (within the
13
meaning of the
National Anti-Corruption Commission Act
14
2022
); or
15
162 Section 338 (paragraph (aa) of the definition of
16
authorised officer)
17
Repeal the paragraph, substitute:
18
(aa) any of the following:
19
(i) the National Anti-Corruption Commissioner (within the
20
meaning of the
National Anti-Corruption Commission
21
Act 2022
);
22
(ii) a National Anti-Corruption Deputy Commissioner
23
(within the meaning of that Act);
24
(iii) another staff member of the NACC (within the meaning
25
of that Act) who is authorised in writing by the National
26
Anti-Corruption Commissioner for the purposes of this
27
paragraph; or
28
Schedule 1
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Part 2
Consequential amendments
32
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Public Interest Disclosure Act 2013
1
163 Subsection 7(2)
2
Omit "4", substitute "5".
3
164 Section 8 (paragraphs (l) and (m) of the definition of
4
designated publication restriction)
5
Repeal the paragraphs, substitute:
6
(l) section 98 or 101, or subsection 233(3), of the
National
7
Anti-Corruption Commission Act 2022
.
8
165 Section 8
9
Insert:
10
NACC disclosure
has the same meaning as in the
National
11
Anti-Corruption Commission Act 2022
.
12
stop action direction under the NACC Act
means a direction under
13
subsection 43(1) of the
National Anti-Corruption Commission Act
14
2022
(including as applied by section 211 of that Act) to stop
15
taking action in relation to a corruption issue or a NACC
16
corruption issue.
17
166 Section 2
5 (paragraph beginning "a disclosure to an
18
Australian legal practitioner")
19
Omit "matters.", substitute "matters; or".
20
167 Section 2
5 (after the paragraph beginning "a disclosure
21
to an Australian legal practitioner")
22
Insert:
23
• a NACC disclosure concerning disclosable conduct.
24
168 After subsection 26(1)
25
Insert:
26
(1A) A disclosure of information is also a
public interest disclosure
if:
27
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No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
33
(a) the disclosure is made by a person who is, or has been, a
1
public official; and
2
(b) the information tends to show, or the discloser believes on
3
reasonable grounds that the information tends to show, one or
4
more instances of disclosable conduct; and
5
(c) the disclosure is a NACC disclosure.
6
169 At the end of section 28
7
Add:
8
(4) This section does not apply to a public interest disclosure that is
9
also a NACC disclosure (see subsection 26(1A)).
10
Note:
NACC disclosures are dealt with under the
National Anti-Corruption
11
Commission Act 2022
.
12
170 Section
42 (after the paragraph beginning "If a
13
disclosure")
14
Insert:
15
A stop action direction under the NACC Act may prevent the
16
allocation of some or all of a disclosure.
17
171 Subsection 43(5)
18
Repeal the subsection, substitute:
19
(5) The authorised officer must use the officer's best endeavours to
20
make a decision about the allocation of the disclosure within 14
21
days after whichever of the following days applies:
22
(a) the day the disclosure is made or given to an authorised
23
officer;
24
(b) to the extent that a stop action direction under the NACC Act
25
prevented the allocation of the disclosure--the day on which
26
the authorised officer becomes aware that the direction no
27
longer applies.
28
172 At the end of section 43
29
Add:
30
Schedule 1
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Part 2
Consequential amendments
34
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Stop action directions under the NACC Act
1
(7) This section has effect subject to any stop action direction under
2
the NACC Act.
3
173 After subsection 44(2)
4
Insert:
5
(2A) If the authorised officer does not allocate the disclosure because of
6
a stop action direction under the NACC Act, the authorised officer
7
must:
8
(a) inform the Ombudsman of the following (unless
9
paragraph (b) applies):
10
(i) the information that was disclosed;
11
(ii) the suspected disclosable conduct (if any);
12
(iii) if the discloser's name and contact details are known to
13
the authorised officer, and the discloser consents to the
14
Ombudsman being informed--the discloser's name and
15
contact details;
16
(iv) the stop action direction under the NACC Act that
17
prevents allocation of the disclosure; or
18
(b) inform the IGIS of those matters if the disclosure concerns
19
conduct relating to:
20
(i) an intelligence agency; or
21
(ii) the IGIS; or
22
(iii) the intelligence functions of either ACIC or the
23
Australian Federal Police.
24
174 At the end of section 44
25
Add:
26
(5) To avoid doubt, this section applies despite any stop action
27
direction under the NACC Act.
28
175 Section
46 (after the paragraph beginning "The principal
29
o
fficer of")
30
Insert:
31
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35
However, a stop action direction under the NACC Act may prevent
1
the investigation of some or all of the disclosure.
2
176 At the end of section 47
3
Add:
4
Stop action directions under the NACC Act
5
(5) This section has effect subject to any stop action direction under
6
the NACC Act.
7
177 At the end of subsection 50(1)
8
Add:
9
; (c) that the principal officer cannot investigate, or further
10
investigate, the disclosure because of a stop action direction
11
under the NACC Act.
12
178 Subsection 50(4)
13
After "this section", insert "(other than subsection (4A))".
14
179 After subsection 50(4)
15
Insert:
16
(4A) The principal officer must, as soon as reasonably practicable,
17
inform the discloser if the principal officer investigates, or further
18
investigates, a disclosure that is no longer subject to a stop action
19
direction under the NACC Act.
20
180 Section 50A (heading)
21
Omit "
of decision not to investigate
", substitute "
about
22
investigation
".
23
181 At the end of section 50A
24
Add:
25
(3) If a stop action direction under the NACC Act prevents the
26
principal officer of the agency from investigating, or further
27
investigating, the disclosure under this Division, the principal
28
officer must:
29
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No. , 2022
(a) inform the Ombudsman of the stop action direction (unless
1
paragraph (b) applies); or
2
(b) inform the IGIS of the stop action direction if the disclosure
3
concerns conduct relating to:
4
(i) an intelligence agency; or
5
(ii) the IGIS; or
6
(iii) the intelligence functions of either ACIC or the
7
Australian Federal Police.
8
182 Subsection 52(1)
9
Repeal the subsection, substitute:
10
(1) An investigation under this Division must be completed within 90
11
days after whichever of the following days applies:
12
(a) the day the relevant disclosure was allocated to the agency;
13
(b) to the extent that a stop action direction under the NACC Act
14
prevented the investigation--the day on which the principal
15
officer becomes aware that the direction no longer applies.
16
183 Paragraph 69(3)(c)
17
Repeal the paragraph, substitute:
18
(c) a person (other than the National Anti-Corruption
19
Commissioner) who is listed in section 266 of the
National
20
Anti-Corruption Commission Act 2022
is taken to be a
21
member of the staff of the National Anti-Corruption
22
Commission.
23
Radiocommunications Act 1992
24
184 Paragraph 27(1)(baa)
25
Omit "Integrity Commissioner (within the meaning of the
Law
26
Enforcement Integrity Commissioner Act 2006
)", substitute "National
27
Anti-Corruption Commissioner (within the meaning of the
National
28
Anti-Corruption Commission Act 2022
)".
29
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37
Royal Commissions Act 1902
1
185 Subsection 6P(2B)
2
Omit "Integrity Commissioner (within the meaning of the
Law
3
Enforcement Integrity Commissioner Act 2006
)", substitute "National
4
Anti-Corruption Commissioner or the Inspector of the National
5
Anti-Corruption Commission".
6
186 Subsection 6P(2B)
7
Omit ", as the case may be, to the Integrity Commissioner", substitute
8
"to the National Anti-Corruption Commissioner or the Inspector of the
9
National Anti-Corruption Commission, as the case requires".
10
187 Paragraph 9(3)(h)
11
Repeal the paragraph, substitute:
12
(h) the National Anti-Corruption Commission;
13
(ha) the Inspector of the National Anti-Corruption Commission;
14
Surveillance Devices Act 2004
15
188 Subsection 6(1) (note to definition of appropriate
16
authorising officer)
17
Omit "Australian Commission for Law Enforcement Integrity",
18
substitute "National Anti-Corruption Commission".
19
189 Subsection 6(1) (definition of disciplinary proceeding)
20
Repeal the definition, substitute:
21
disciplinary proceeding
:
22
(a) means a proceeding of a disciplinary nature under a law of
23
the Commonwealth or of a State or Territory; and
24
(b) includes action taken under Subdivision D of Division 3 of
25
Part V of the
Australian Federal Police Act 1979
.
26
190 Subsection 6(1)
27
Insert:
28
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38
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Transitional Provisions) Bill 2022
No. , 2022
National Anti-Corruption Commission officer
means a staff
1
member of the NACC (within the meaning of the
National
2
Anti-Corruption Commission Act 2022
).
3
191 Subsection 6(1) (definition of staff member of ACLEI)
4
Repeal the definition.
5
192 Subsection 6(1) (at the end of the definition of target
6
agency)
7
Add:
8
; (d) any other Commonwealth agency (within the meaning of the
9
National Anti-Corruption Commission Act 2022
).
10
193 Paragraph 6(4)(c)
11
Repeal the paragraph, substitute:
12
(c) a reference to a person who belongs or is seconded to a law
13
enforcement agency, in the case of the National
14
Anti-Corruption Commission, is a reference to a National
15
Anti-Corruption Commission officer; and
16
194 Paragraph 6(4)(d)
17
Omit "Australian Commission for Law Enforcement Integrity",
18
substitute "National Anti-Corruption Commission".
19
195 Subsection 6A(6) (table item 10)
20
Repeal the item, substitute:
21
22
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Transitional Provisions) Bill 2022
39
10
National
Anti-Corruption
Commission
the National
Anti-Corruption
Commissioner
(a) the National
Anti-Corruption
Commissioner;
or
(b) a Deputy
Commissioner
(within the
meaning of the
National
Anti-Corruption
Commission Act
2022
); or
(c) a National
Anti-Corruption
Commission
officer
authorised under
section 6B
(a) the National
Anti-Corruption
Commissioner; or
(b) a Deputy
Commissioner
(within the
meaning of the
National
Anti-Corruption
Commission Act
2022
); or
(c) a National
Anti-Corruption
Commission
officer who is an
SES employee
the chief officer
authorises under
subsection (5)
196 Section 6B
1
Omit "Integrity Commissioner", substitute "National Anti-Corruption
2
Commissioner".
3
197 Section 6B
4
Omit "staff member of ACLEI to be a law enforcement officer of
5
ACLEI", substitute "National Anti-Corruption Commission officer to
6
be a law enforcement officer of the National Anti-Corruption
7
Commission".
8
198 Paragraphs 37(1)(aa) and 38(1)(aa)
9
Repeal the paragraphs, substitute:
10
(aa) if the officer belongs or is seconded to the National
11
Anti-Corruption Commission--that is within the functions of
12
the National Anti-Corruption Commissioner set out in
13
section 17 of the
National Anti-Corruption Commission Act
14
2022
; or
15
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40
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Transitional Provisions) Bill 2022
No. , 2022
199 Subsection 45A(5) (definition of staff member)
1
Omit "the
Law Enforcement Integrity Commissioner Act 2006
(see
2
section 10 of that Act)", substitute "section 12 of the
National
3
Anti-Corruption Commission Act 2022
".
4
200 Subparagraphs 64(1)(a)(ii) and (2)(b)(ii)
5
Repeal the subparagraphs, substitute:
6
(ii) the National Anti-Corruption Commissioner or another
7
National Anti-Corruption Commission officer;
8
Taxation Administration Act 1953
9
201 Subsection 355-65(5) in Schedule 1 (at the end of the
10
table)
11
Add:
12
13
6
the National Anti-Corruption
Commissioner (within the
meaning of the
National
Anti-Corruption Commission Act
2022
)
(a) is for the purposes of the
National
Anti-Corruption Commission Act
2022
; and
(b) is in relation to a corruption issue
that relates to the Australian
Taxation Office or the
Inspector-General of Taxation.
202 Paragraph 355-70(4)(d) in Schedule 1
14
Repeal the paragraph, substitute:
15
(d) the National Anti-Corruption Commission; or
16
203 After section 355-190 in Schedule 1
17
Insert:
18
355-192 Exception--on-disclosure in relation to National
19
Anti-Corruption Commission Act 2022
20
(1) Section 355-155 does not apply if:
21
(a) the entity is the Inspector-General of Taxation; and
22
(b) the information was acquired by the Inspector-General of
23
Taxation under the exception in subsection 355-65(1)
24
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41
operating in relation to item 5 in the table in
1
subsection 355-65(5); and
2
(c) the record is made for, or the disclosure is to:
3
(i) the National Anti-Corruption Commissioner (within the
4
meaning of the
National Anti-Corruption Commission
5
Act 2022
); or
6
(ii) another staff member of the NACC (within the meaning
7
of that Act); and
8
(d) the record or disclosure is:
9
(i) for the purposes of the
National Anti-Corruption
10
Commission Act 2022
; and
11
(ii) in relation to a corruption issue (within the meaning of
12
that Act) that relates to the Australian Taxation Office
13
or the Inspector-General of Taxation.
14
Note:
A defendant bears an evidential burden in relation to the matters in
15
this subsection: see subsection 13.3(3) of the
Criminal Code
.
16
(2) Section 355-155 does not apply if:
17
(a) the entity is:
18
(i) the National Anti-Corruption Commissioner (within the
19
meaning of the
National Anti-Corruption Commission
20
Act 2022
); or
21
(ii) another staff member of the NACC (within the meaning
22
of that Act); and
23
(b) the information was acquired by the entity under
24
subsection (1) or this subsection; and
25
(c) the record or disclosure is for the purpose of performing a
26
function or duty of the National Anti-Corruption
27
Commissioner or another staff member of the NACC under
28
the
National Anti-Corruption Commission Act 2022
.
29
Note:
A defendant bears an evidential burden in relation to the matters in
30
this subsection: see subsection 13.3(3) of the
Criminal Code
.
31
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Consequential amendments
42
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Transitional Provisions) Bill 2022
No. , 2022
204 Application provision
--amendments of Taxation
1
Administration Act 1953
2
The amendments of Schedule 1 to the
Taxation Administration Act
3
1953
made by this Schedule apply in relation to records and disclosures
4
of information made on or after this item's commencement (whether the
5
information was obtained before, on or after that commencement).
6
Telecommunications Act 1997
7
205 Subsection 280(1A)
8
Repeal the subsection, substitute:
9
(1A) In applying paragraph (1)(a) to the National Anti-Corruption
10
Commission, the reference in that paragraph to the operation of an
11
enforcement agency is taken to be a reference to the performance
12
of the functions of the National Anti-Corruption Commissioner
13
(within the meaning of the
National Anti-Corruption Commission
14
Act 2022
).
15
Telecommunications (Interception and Access) Act 1979
16
206 Subsection 5(1) (definition of Assistant Integrity
17
Commissioner)
18
Repeal the definition.
19
207 Subsection 5(1) (paragraph (aa) of the definition of
20
certifying officer)
21
Omit "Australian Commission for Law Enforcement Integrity",
22
substitute "National Anti-Corruption Commission".
23
208 Subsection 5(1) (subparagraphs (aa)(i) and (ii) of the
24
definition of certifying officer)
25
Repeal the subparagraphs, substitute:
26
(i) the National Anti-Corruption Commissioner; or
27
(ii) a National Anti-Corruption Deputy Commissioner; or
28
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Transitional Provisions) Bill 2022
43
209 Subsection 5(1) (subparagraph (aa)(iii) of the definition of
1
certifying officer)
2
Omit "ACLEI", substitute "the National Anti-Corruption Commission".
3
210 Subsection 5(1) (paragraph (aa) of the definition of chief
4
officer)
5
Omit "Australian Commission for Law Enforcement Integrity--the
6
Integrity Commissioner", substitute "National Anti-Corruption
7
Commission--the National Anti-Corruption Commissioner".
8
211 Subsection 5(1) (paragraph (aa) of the definition of
9
Commonwealth agency)
10
Repeal the paragraph, substitute:
11
(aa) the National Anti-Corruption Commission; or
12
212 Subsection 5(1)
13
Insert:
14
Inspector of the National Anti-Corruption Commission
means the
15
Inspector
within the meaning of the
National Anti-Corruption
16
Commission Act 2022
.
17
213 Subsection 5(1) (definition of Integrity Commissioner)
18
Repeal the definition.
19
214 Subsection 5(1)
20
Insert:
21
National Anti-Corruption Commissioner
means the
22
Commissioner within the meaning of the
National Anti-Corruption
23
Commission Act 2022
.
24
National Anti-Corruption Deputy Commissioner
means a Deputy
25
Commissioner within the meaning of the
National Anti-Corruption
26
Commission Act 2022
.
27
215 Subsection 5(1) (paragraph (aa) of the definition of
28
officer)
29
Repeal the paragraph, substitute:
30
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44
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Transitional Provisions) Bill 2022
No. , 2022
(aa) in the case of the National Anti-Corruption Commission--
1
the National Anti-Corruption Commissioner or another staff
2
member of the NACC; or
3
216 Subsection 5(1) (definition of permitted purpose)
4
Omit "eligible authority of a State or ASIC", substitute "eligible
5
authority of a State, ASIC or the Inspector of the National
6
Anti-Corruption Commission".
7
217 Subsection 5(1) (paragraph (baa) of the definition of
8
permitted purpose)
9
Omit "Australian Commission for Law Enforcement Integrity",
10
substitute "National Anti-Corruption Commission".
11
218 Subsection 5(1) (subparagraph (baa)(i) of the definition
12
of permitted purpose)
13
Omit "(within the meaning of the
Law Enforcement Integrity
14
Commissioner Act 2006
)", substitute "or NACC corruption
15
investigation (within the meaning of the
National Anti-Corruption
16
Commission Act 2022
)".
17
219 Subsection 5(1) (after paragraph (baa) of the definition of
18
permitted purpose)
19
Insert:
20
(bab) in the case of the Inspector of the National Anti-Corruption
21
Commission:
22
(i) a NACC corruption investigation (within the meaning
23
of the
National Anti-Corruption Commission Act 2022
);
24
or
25
(ii) a report on such an investigation; or
26
220 Subsection 5(1)
27
Insert:
28
person assisting the NACC Inspector
means a person assisting the
29
Inspector within the meaning of the
National Anti-Corruption
30
Commission Act 2022
.
31
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45
221 Subsection 5(1) (paragraph (aa) of the definition of
1
prescribed investigation)
2
Repeal the paragraph, substitute:
3
(aa) in the case of the National Anti-Corruption Commission--
4
means a corruption investigation or NACC corruption
5
investigation (within the meaning of the
National
6
Anti-Corruption Commission Act 2022
); or
7
222 Subsection 5(1) (paragraph (aa) of the definition of
8
relevant offence)
9
Omit "Australian Commission for Law Enforcement Integrity",
10
substitute "National Anti-Corruption Commission".
11
223 Subsection 5(1) (definition of staff member of ACLEI)
12
Repeal the definition.
13
224 Subsection 5(1)
14
Insert:
15
staff member of the NACC
has the same meaning as in the
16
National Anti-Corruption Commission Act 2022
.
17
225 Subsection 5AC(2)
18
Omit "Integrity Commissioner", substitute "National Anti-Corruption
19
Commissioner".
20
226 Subsection 5AC(2)
21
Omit "ACLEI" (wherever occurring), substitute "the National
22
Anti-Corruption Commission".
23
227 After paragraph 5B(1)(kc)
24
Insert:
25
(kd) a NACC Act process (within the meaning of the
National
26
Anti-Corruption Commission Act 2022
); or
27
228 Subparagraph 6A(1)(c)(ia)
28
Repeal the subparagraph, substitute:
29
(ia) the National Anti-Corruption Commission;
30
Schedule 1
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Part 2
Consequential amendments
46
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
229 Paragraph 6L(2)(a)
1
Omit "Australian Commission for Law Enforcement Integrity",
2
substitute "National Anti-Corruption Commission".
3
230 Subsection 6S(1) (table items 1 and 2, column 1,
4
paragraph (c))
5
Omit "Australian Commission for Law Enforcement Integrity",
6
substitute "National Anti-Corruption Commission".
7
231 Subsection 6S(1) (note)
8
Omit "Australian Commission for Law Enforcement Integrity",
9
substitute "National Anti-Corruption Commission".
10
232 Subsection 6S(2) (paragraph (c) of the definition of
11
disciplinary or legal action)
12
Omit "(within the meaning of the
Law Enforcement Integrity
13
Commissioner Act 2006
)".
14
233 Subsection 6S(2)
15
Insert:
16
disciplinary proceeding
:
17
(a) means a proceeding of a disciplinary nature under a law of
18
the Commonwealth or of a State or Territory; and
19
(b) includes action taken under Subdivision D of Division 3 of
20
Part V of the
Australian Federal Police Act 1979
.
21
234 Subsection 6S(2) (definition of eligible staff member)
22
Omit "
Law Enforcement Integrity Commissioner Act 2006
(see
23
section 10", substitute "
National Anti-Corruption Commission Act 2022
24
(see section 12".
25
235 Paragraph 39(2)(aa)
26
Omit "Australian Commission for Law Enforcement Integrity",
27
substitute "National Anti-Corruption Commission".
28
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National Anti-Corruption Commission (Consequential and
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47
236 Subparagraph 39(2)(aa)(i)
1
Omit "Integrity Commissioner", substitute "National Anti-Corruption
2
Commissioner".
3
237 Subparagraph 39(2)(aa)(ii)
4
Repeal the subparagraph, substitute:
5
(ii) a National Anti-Corruption Deputy Commissioner; or
6
238 Subparagraph 39(2)(aa)(iii)
7
Omit "ACLEI", substitute "the National Anti-Corruption Commission".
8
239 Subparagraph 39(2)(aa)(iii)
9
Omit "Integrity Commissioner", substitute "National Anti-Corruption
10
Commissioner".
11
240 After subsection 63AB(3)
12
Insert:
13
(3A) A person may, in connection with the performance of a function or
14
duty, or the exercise of a power, of:
15
(a) the Inspector of the National Anti-Corruption Commission;
16
or
17
(b) a person assisting the NACC Inspector;
18
communicate to the Inspector or the person assisting (as the case
19
requires), or make use of, or make a record of, general computer
20
access intercept information.
21
241 After subsection 63AB(4)
22
Insert:
23
(4A) The Inspector of the National Anti-Corruption Commission or a
24
person assisting the NACC Inspector may, in connection with:
25
(a) the performance of their functions or duties; or
26
(b) the exercise of their powers;
27
communicate to another person, or make use of, or make a record
28
of, general computer access intercept information.
29
Schedule 1
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Part 2
Consequential amendments
48
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
242 After subsection 63AB(5)
1
Insert:
2
(5A) If:
3
(a) information was obtained by intercepting a communication
4
passing over a telecommunications system; and
5
(b) the interception was purportedly for the purposes of doing a
6
thing specified in a general computer access warrant; and
7
(c) the interception was not authorised by the general computer
8
access warrant;
9
then:
10
(d) a person may, in connection with the performance of a
11
function or duty, or the exercise of a power, of:
12
(i) the Inspector of the National Anti-Corruption
13
Commission; or
14
(ii) a person assisting the NACC Inspector;
15
communicate to the Inspector or the person assisting (as the
16
case requires), or make use of, or make a record of, that
17
information; and
18
(e) the Inspector of the National Anti-Corruption Commission or
19
a person assisting the NACC Inspector may, in connection
20
with:
21
(i) the performance of their functions or duties; or
22
(ii) the exercise of their powers;
23
communicate to another person, or make use of, or make a
24
record of, that information.
25
243 After subsection 67(3)
26
Insert:
27
Dealing for permitted purposes in relation to NACC Inspector
28
(3A) The Inspector of the National Anti-Corruption Commission or a
29
person assisting the NACC Inspector may, for a permitted purpose,
30
or permitted purposes, in relation to the performance of a function
31
or duty, or the exercise of a power, of the Inspector or the person
32
assisting, and for no other purpose, communicate to another
33
person, make use of, or make a record of the following:
34
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National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
49
(a) lawfully intercepted information other than foreign
1
intelligence information;
2
(b) interception warrant information.
3
244 Paragraph 68(db)
4
Omit "an ACLEI corruption issue (within the meaning of the
Law
5
Enforcement Integrity Commissioner Act 2006
)--to the Integrity
6
Commissioner", substitute "a NACC corruption issue (within the
7
meaning of the
National Anti-Corruption Commission Act 2022
)--to
8
the National Anti-Corruption Commissioner".
9
245 Paragraph 68(n)
10
Omit "Australian Commission for Law Enforcement Integrity",
11
substitute "National Anti-Corruption Commission".
12
246 Subparagraph 68(n)(ii)
13
Omit "Australian Commission for Law Enforcement Integrity",
14
substitute "National Anti-Corruption Commission".
15
247 Paragraph 68(o)
16
Omit "Australian Commission for Law Enforcement Integrity",
17
substitute "National Anti-Corruption Commission".
18
248 At the end of section 68
19
Add:
20
; and (q) to the Inspector of the National Anti-Corruption Commission
21
or a person assisting the NACC Inspector, if the information
22
relates, or appears to relate, to a NACC corruption issue
23
(within the meaning of the
National Anti-Corruption
24
Commission Act 2022
).
25
249 Paragraph 71(2)(ca)
26
Repeal the paragraph, substitute:
27
(ca) the National Anti-Corruption Commissioner; or
28
(cb) the Inspector of the National Anti-Corruption Commission;
29
or
30
Schedule 1
Amendments
Part 2
Consequential amendments
50
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
250 Paragraph 110A(1)(c)
1
Repeal the paragraph, substitute:
2
(c) the National Anti-Corruption Commission;
3
251 Subsection 140(1)
4
Omit "Integrity Commissioner or the Chief Executive Officer of the
5
ACC", substitute "National Anti-Corruption Commissioner, the Chief
6
Executive Officer of the ACC, the Inspector of the National
7
Anti-Corruption Commission or a person assisting the NACC
8
Inspector".
9
252 Paragraph 22(3)(b) of Schedule 1
10
Omit "Australian Commission for Law Enforcement Integrity",
11
substitute "National Anti-Corruption Commission".
12
253 Subparagraph 22(3)(b)(i) of Schedule 1
13
Omit "Integrity Commissioner", substitute "National Anti-Corruption
14
Commissioner".
15
254 Subparagraph 22(3)(b)(ii) of Schedule 1
16
Repeal the subparagraph, substitute:
17
(ii) a National Anti-Corruption Deputy Commissioner; or
18
255 Subparagraph 22(3)(b)(iii) of Schedule 1
19
Omit "Australian Commission for Law Enforcement Integrity",
20
substitute "NACC".
21
256 Subparagraph 22(3)(b)(iii) of Schedule 1
22
Omit "Integrity Commissioner", substitute "National Anti-Corruption
23
Commissioner".
24
257 After paragraph 153(1)(q) of Schedule 1
25
Insert:
26
(qa) the performance of a function or duty, or the exercise of a
27
power, of the Inspector of the National Anti-Corruption
28
Commission or a person assisting the NACC Inspector;
29
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
51
258 Paragraph 157(1)(zc) of Schedule 1
1
Omit "Australian Commission for Law Enforcement Integrity",
2
substitute "National Anti-Corruption Commission".
3
259 Paragraph 157(2)(c) of Schedule 1 (definition of eligible
4
purpose)
5
Omit "Australian Commission for Law Enforcement Integrity",
6
substitute "National Anti-Corruption Commission".
7
260 Subparagraph 157(2)(c)(i) of Schedule 1 (definition of
8
eligible purpose)
9
Omit "(within the meaning of the
Law Enforcement Integrity
10
Commissioner Act 2006
)", substitute "or NACC corruption
11
investigation (within the meaning of the
National Anti-Corruption
12
Commission Act 2022
)".
13
Witness Protection Act 1994
14
261 Section 3 (paragraph (aa) of the definition of approved
15
authority)
16
Repeal the paragraph, substitute:
17
(aa) the National Anti-Corruption Commissioner (within the
18
meaning of the
National Anti-Corruption Commission Act
19
2022
); or
20
262 Paragraphs 22(5)(c), 22A(5)(c) and 22B(3)(c)
21
Repeal the paragraphs, substitute:
22
(c) the disclosure is a NACC disclosure (within the meaning of
23
the
National Anti-Corruption Commission Act 2022
); or
24
Schedule 1
Amendments
Part 3
Other amendments
52
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Part 3--Other amendments
1
Telecommunications Act 1997
2
263 Section 317B (after paragraph (b) of the definition of
3
interception agency)
4
Insert:
5
; or (ba) the National Anti-Corruption Commission; or
6
264 Section 317B (at the end of the definition of interception
7
agency)
8
Add:
9
; or (d) the Independent Commission Against Corruption of New
10
South Wales; or
11
(e) the New South Wales Crime Commission; or
12
(f) the Law Enforcement Conduct Commission of New South
13
Wales; or
14
(g) the Independent Broad-based Anti-corruption Commission of
15
Victoria; or
16
(h) the Crime and Corruption Commission of Queensland; or
17
(i) the Independent Commission Against Corruption of South
18
Australia; or
19
(j) the Corruption and Crime Commission of Western Australia.
20
265 Section 317B
21
Insert:
22
member of the staff of the Independent Commission Against
23
Corruption
of South Australia
means a person who is engaged
24
under subsection 12(1) of the
Independent Commission Against
25
Corruption Act 2012
(SA).
26
266 Section 317ZM (after table item 3)
27
Insert:
28
3A
National
Anti-Corruption
the National
Anti-Corruption
a staff member of the
NACC (within the
Amendments
Schedule 1
Other amendments
Part 3
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
53
Commission
Commissioner (within
the meaning of the
National
Anti-Corruption
Commission Act 2022
)
meaning of the
National
Anti-Corruption
Commission Act 2022
)
267 Section 317ZM (at the end of the table)
1
Add:
2
5
Independent
Commission Against
Corruption of New
South Wales
the Chief
Commissioner (within
the meaning of the
Independent
Commission Against
Corruption Act 1988
(NSW))
an officer of the
Commission (within
the meaning of the
Independent
Commission Against
Corruption Act 1988
(NSW)) (other than a
person engaged under
section 104B of that
Act)
6
New South Wales
Crime Commission
the Commissioner
(within the meaning of
the
Crime Commission
Act 2012
(NSW))
an officer of the
Commission (within
the meaning of the
Crime Commission Act
2012
(NSW)) other
than a person engaged
under subsection 74(2)
of that Act
7
Law Enforcement
Conduct Commission
of New South Wales
the Chief
Commissioner (within
the meaning of the
Law
Enforcement Conduct
Commission Act 2016
(NSW))
(a) a Commissioner
(within the meaning
of the
Law
Enforcement
Conduct
Commission Act
2016
(NSW)); or
(b) a member of staff
of the Commission
(within the meaning
of the
Law
Enforcement
Conduct
Commission Act
2016
(NSW))
8
Independent
the Commissioner
a sworn IBAC Officer
Schedule 1
Amendments
Part 3
Other amendments
54
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Broad-based
Anti-corruption
Commission of
Victoria
(within the meaning of
the
Independent
Broad-based
Anti-corruption
Commission Act 2011
(Vic.))
(within the meaning of
the
Independent
Broad-based
Anti-corruption
Commission Act 2011
(Vic.))
9
Crime and Corruption
Commission of
Queensland
the chairperson (within
the meaning of the
Crime and Corruption
Act 2001
(Qld))
a commission officer
(as defined by
paragraph (a) of the
definition of
commission officer
in
Schedule 2 to the
Crime and Corruption
Act 2001
(Qld)) other
than a person engaged
under section 256 of
that Act
10
Independent
Commission Against
Corruption of South
Australia
the Commissioner
(within the meaning of
the
Independent
Commission Against
Corruption Act 2012
(SA))
(a) the Commissioner
(within the meaning
of the
Independent
Commission
Against Corruption
Act 2012
(SA)); or
(b) the Deputy
Commissioner
(within the meaning
of the
Independent
Commission
Against Corruption
Act 2012
(SA)); or
(c) a member of the
staff of the
Independent
Commission
Against Corruption
of South Australia
11
Corruption and Crime
Commission of
Western Australia
the Commissioner
(within the meaning of
the
Corruption, Crime
and Misconduct Act
2003
(WA))
an officer of the
Commission (within
the meaning of the
Corruption, Crime and
Misconduct Act 2003
(WA)) other than a
Amendments
Schedule 1
Other amendments
Part 3
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
55
person engaged under
section 182 of that Act
268 Subsection 317ZR(1) (after table item 3)
1
Insert:
2
3A
National
Anti-Corruption
Commission
a staff member of the NACC (within the meaning of
the
National Anti-Corruption Commission Act 2022
)
who is a Deputy Commissioner, SES employee or
acting SES employee
269 Subsection 317ZR(1) (at the end of the table)
3
Add:
4
5
Independent
Commission
Against
Corruption of
New South
Wales
(a) a Commissioner (within the meaning of the
Independent Commission Against Corruption Act
1988
(NSW)); or
(b) an Assistant Commissioner (within the meaning of
the
Independent Commission Against Corruption Act
1988
(NSW)); or
(c) an officer of the Commission (within the meaning of
the
Independent Commission Against Corruption Act
1988
(NSW)) (other than a person engaged under
section 104B of that Act) who is at executive level
6
New South
Wales Crime
Commission
an officer of the Commission (within the meaning of the
Crime Commission Act 2012
(NSW)) (other than a
person engaged under subsection 74(2) of that Act) who
is at executive level
7
Law
Enforcement
Conduct
Commission of
New South
Wales
(a) a Commissioner (within the meaning of the
Law
Enforcement Conduct Commission Act 2016
(NSW)); or
(b) a member of staff of the Commission (within the
meaning of the
Law Enforcement Conduct
Commission Act 2016
(NSW)) who is at executive
level
8
Independent
Broad-based
Anti-corruption
Commission of
Victoria
(a) a Deputy Commissioner of the Commission (within
the meaning of the
Independent Broad-based
Anti-corruption Commission Act 2011
(Vic.)); or
(b) the Chief Executive Officer (within the meaning of
the
Independent Broad-based Anti-corruption
Commission Act 2011
(Vic.)); or
(c) a sworn IBAC Officer (within the meaning of the
Schedule 1
Amendments
Part 3
Other amendments
56
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Independent Broad-based Anti-corruption
Commission Act 2011
(Vic.)) who is at executive
level
9
Crime and
Corruption
Commission of
Queensland
a senior executive officer (within the meaning of the
Crime and Corruption Act 2001
(Qld))
10
Independent
Commission
Against
Corruption of
South Australia
(a) the Deputy Commissioner (within the meaning of the
Independent Commission Against Corruption Act
2012
(SA)); or
(b) a member of the staff of the Independent
Commission Against Corruption of South Australia
who is at executive level
11
Corruption and
Crime
Commission of
Western
Australia
an officer of the Commission (within the meaning of the
Corruption, Crime and Misconduct Act 2003
(WA))
(other than a person engaged under section 182 of that
Act) who is at executive level
270 At the end of section 317ZR
1
Add:
2
(6) For the purposes of this section, a person is at
executive level
, in
3
relation to an interception agency of Western Australia, if the
4
person occupies an office or position at an equivalent level to that
5
of a senior executive officer (within the meaning of the
Public
6
Sector Management Act 1994
(WA)).
7
Application, saving and transitional provisions
Schedule 2
Introduction
Part 1
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
57
Schedule 2--Application, saving and
1
transitional provisions
2
Part 1--Introduction
3
1 Definitions
4
(1)
In this Schedule:
5
existing inquiry
: see paragraph 2(1)(b).
6
existing investigation
: see paragraph 2(1)(a).
7
instrument
includes:
8
(a) a contract, deed, undertaking, arrangement or agreement; and
9
(b) a notice, authority, order or instruction; and
10
(c) an instrument made under an Act or a regulation.
11
NACC corruption issue transition notice
: see subitem 36(4).
12
new Act
means the
National Anti-Corruption Commission Act 2022
.
13
old Act
means the
Law Enforcement Integrity Commissioner Act 2006
,
14
as in force immediately before the transition time.
15
rules
means the rules made under item 57.
16
transition determination
means, in relation to an existing investigation
17
or an existing inquiry, a determination under subitem 3(1).
18
transition time
means the time section 40 of the new Act (which gives
19
the National Anti-Corruption Commissioner the power to deal with a
20
corruption issue) commences.
21
(2)
Expressions used in this Schedule that are defined for the purposes of
22
the new Act, and are used in relation to that Act, have the same meaning
23
as in that Act.
24
(3)
Expressions used in this Schedule that were defined for the purposes of
25
the old Act, and are used in relation to that Act, have the same meaning
26
as in that Act.
27
(4)
For the purposes of the operation of the old Act after the transition time,
28
as provided for by this Schedule:
29
Schedule 2
Application, saving and transitional provisions
Part 1
Introduction
58
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(a) the National Anti-Corruption Commissioner may exercise the
1
powers, and perform the functions and duties, of the Integrity
2
Commissioner; and
3
(b) the Inspector may exercise the powers, and perform the
4
functions and duties, of a special investigator; and
5
(c) the old Act applies with such further modifications as are
6
necessary for matters under the old Act to be managed by the
7
National Anti-Corruption Commission or the Inspector, as
8
the case requires; and
9
(d) the amendments made by Part 2 of Schedule 1 are taken not
10
to have been made.
11
Application, saving and transitional provisions
Schedule 2
Existing investigations and inquiries
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
59
Part 2--Existing investigations and inquiries
1
2 Transitional
--continuation of existing investigations and
2
inquiries
3
(1)
This item applies in relation to the following:
4
(a) an investigation (the
existing investigation
) of a corruption
5
issue by the Integrity Commissioner, whether alone or jointly
6
with another person or persons, under Part 6 of the old Act
7
that has been commenced but is not yet completed at the
8
transition time;
9
(b) a public inquiry (the
existing inquiry
) by the Integrity
10
Commissioner under Part 8 of the old Act that has been
11
commenced but is not yet completed at the transition time.
12
(2)
The National Anti-Corruption Commissioner may continue to conduct
13
the existing investigation or existing inquiry under the old Act as if the
14
old Act had not been repealed.
15
Note:
An effect of this subitem is that the rights and obligations of persons
16
and agencies in relation to the investigation or inquiry are determined
17
by the old Act.
18
(3)
However, subitem (2) does not apply if the National Anti-Corruption
19
Commissioner makes a transition determination in relation to the
20
existing investigation or existing inquiry.
21
3 Transitional
--transition determinations
22
(1)
The National Anti-Corruption Commissioner may, by notice in writing
23
(the
transition determination
), determine that the new Act applies to an
24
existing investigation or an existing inquiry if the National
25
Anti-Corruption Commissioner considers that:
26
(a) it is more appropriate to deal with the issues the subject of
27
the existing investigation or existing inquiry under the new
28
Act; and
29
(b) in the case of an existing investigation--the issues could
30
involve corrupt conduct that is serious or systemic.
31
(2)
The National Anti-Corruption Commissioner must, as soon as
32
reasonably practicable, give a copy of the transition determination to
33
Schedule 2
Application, saving and transitional provisions
Part 2
Existing investigations and inquiries
60
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
each head of a government agency to which the existing investigation or
1
existing inquiry relates.
2
(3)
The new Act applies to the existing investigation or existing inquiry
3
from the later of the following times:
4
(a) the time the transition determination is given to the head of
5
each government agency to which the existing investigation
6
or existing inquiry relates;
7
(b) the time specified in the transition determination.
8
Note:
The new Act will then determine the National Anti-Corruption
9
Commissioner's powers, functions and duties in relation to the
10
investigation or inquiry. Similarly, the rights and obligations of
11
persons and agencies in relation to the investigation or inquiry will be
12
determined by the new Act.
13
(4)
A transition determination is not a legislative instrument.
14
4 Transitional
--investigations managed or overseen by
15
Integrity Commissioner
16
(1)
This item applies if, at the transition time, any of the following
17
investigations had been commenced but had not yet been completed:
18
(a) an investigation of a corruption issue by a law enforcement
19
agency managed by the Integrity Commissioner under
20
subsection 61(1) of the old Act;
21
(b) an investigation of a corruption issue by a law enforcement
22
agency overseen by the Integrity Commissioner under
23
subsection 62(1) of the old Act.
24
(2)
The National Anti-Corruption Commissioner may continue to manage,
25
or oversee, the investigation under the old Act as if the old Act had not
26
been repealed.
27
(3)
The law enforcement agency investigating the corruption issue must
28
comply with any reporting obligations under the old Act.
29
5 Transitional
--investigations conducted solely by law
30
enforcement agencies
31
(1)
This item applies if:
32
Application, saving and transitional provisions
Schedule 2
Existing investigations and inquiries
Part 2
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
61
(a) the Integrity Commissioner referred a corruption issue to a
1
law enforcement agency for investigation under
2
subparagraph 26(1)(b)(iii) of the old Act; and
3
(b) the investigation had been commenced but had not yet been
4
completed before the transition time.
5
(2)
The referral is taken, after the transition time, to have been made by the
6
National Anti-Corruption Commissioner under paragraph 41(1)(c) of
7
the new Act.
8
6 Transitional
--investigation of corruption issues relating to
9
conduct of secondees
10
(1)
This item applies if, immediately before the transition time:
11
(a) a government agency, or an integrity agency for a State or
12
Territory, was investigating the conduct of a secondee to a
13
law enforcement agency; and
14
(b) the investigation was being done under an arrangement made
15
under subsection 30(1) of the old Act.
16
(2)
The government agency, or the integrity agency for the State or
17
Territory, may continue to investigate the corruption issue as if the old
18
Act had not been repealed.
19
Schedule 2
Application, saving and transitional provisions
Part 3
Corruption issues previously referred or notified
62
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Part 3--Corruption issues previously referred or
1
notified
2
7 Transitional
--referral and notification of corruption issues
3
(1)
This item applies if, before the transition time:
4
(a) a person:
5
(i) had referred an allegation, or information, that raised a
6
corruption issue to the Integrity Commissioner; or
7
(ii) had notified a corruption issue to the Integrity
8
Commissioner; and
9
(b) the Integrity Commissioner:
10
(i) had not yet decided, under Division 2 of Part 4 of the
11
old Act, how to deal with the corruption issue; or
12
(ii) had decided, under that Division, how to deal with the
13
corruption issue, but had not yet commenced taking any
14
action to deal with the issue.
15
(2)
The allegation or information is taken, or the corruption issue is taken,
16
after the transition time, to have been referred to the National
17
Anti-Corruption Commissioner under Part 5 of the new Act.
18
8 Transitional
--protection of persons referring or notifying
19
corruption issues
20
If subitem 7(1) applies in relation to a person and a referral or
21
notification, the person is taken, after the transition time, to have made a
22
NACC disclosure under the new Act in relation to the referral or
23
notification.
24
Application, saving and transitional provisions
Schedule 2
Facilitating investigations and inquiries
Part 4
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
63
Part 4--Facilitating investigations and inquiries
1
9 Transitional
--notices to give information or produce
2
documents or things
3
(1)
This item applies in relation to any of the following:
4
(a) a notice given to a person, before the transition time, by the
5
Integrity Commissioner under subsection 75(1) of the old Act
6
requiring the recipient of the notice to give information or to
7
produce a document or thing with which the recipient has not
8
yet complied;
9
(b) a notation included, under subsection 77A(2) of the old Act,
10
in such a notice prohibiting the disclosure of information.
11
(2)
The old Act continues to apply in relation to the notice and the notation
12
as if the old Act had not been repealed.
13
(3)
However, if the notice or notation relates to an existing investigation or
14
existing inquiry to which the new Act applies because of a transition
15
determination, then the following apply:
16
(a) the notice is taken to be a notice to produce given by the
17
National Anti-Corruption Commissioner under subsection
18
58(2) of the new Act;
19
(b) the notation is taken to be a non-disclosure notation included
20
in the notice to produce for the purposes of subsection 95(1)
21
of the new Act.
22
10 Transitional
--protection of persons who comply with
23
notices and protection of witnesses etc.
24
(1)
This item applies if one of the following was in effect immediately
25
before the transition time:
26
(a) an arrangement under subsection 81(3) of the old Act for the
27
protection of a person who gave information, or produced a
28
document or thing, in response to a notice served on the
29
person under section 75 of the old Act;
30
(b) an arrangement under subsection 104A(3) of the old Act for
31
the protection of a person mentioned in subsection 104A(2)
32
of the old Act.
33
Schedule 2
Application, saving and transitional provisions
Part 4
Facilitating investigations and inquiries
64
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(2)
The arrangement continues in effect, after the transition time, as if it had
1
been made under subsection 116(2) of the new Act.
2
11 Transitional
--summons to attend hearings
3
(1)
This item applies in relation to any of the following:
4
(a) a summons issued to a person, before the transition time, by
5
the Integrity Commissioner under subsection 83(1) of the old
6
Act to attend a hearing to give evidence or to produce any
7
document or thing referred to in the summons;
8
(b) a notation included, under subsection 91(2) of the old Act, in
9
such a summons prohibiting the disclosure of information.
10
(2)
The old Act continues to apply in relation to the summons and the
11
notation as if the old Act had not been repealed.
12
(3)
However, if the summons and any notation relates to an existing
13
investigation or existing inquiry to which the new Act applies because
14
of a transition determination, then the following apply:
15
(a) the summons is taken to have been issued by the National
16
Anti-Corruption Commissioner under subsection 63(1) of the
17
new Act;
18
(b) the notation is taken to be a non-disclosure notation included
19
in the summons for the purposes of subsection 95(1) of the
20
new Act.
21
12 Transitional
--directions in relation to confidentiality
22
(1)
This item applies if the Integrity Commissioner gave a direction, under
23
subsection 90(1) of the old Act, to a person in relation to the use or
24
disclosure of hearing material before the transition time.
25
(2)
The old Act continues to apply in relation to the direction as if the old
26
Act had not been repealed.
27
(3)
However, if the direction relates to a hearing conducted, or to be
28
conducted, as part of an existing investigation or existing inquiry to
29
which the new Act applies because of a transition determination, the
30
direction is taken to have been given by the National Anti-Corruption
31
Commissioner under subsection 100(1) of the new Act.
32
Application, saving and transitional provisions
Schedule 2
Facilitating investigations and inquiries
Part 4
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
65
13 Transitional
--applications to Court to deal with contempt
1
(1)
This item applies if an application made to the Federal Court or a
2
Supreme Court under section 96B of the old Act had not been dealt with
3
by the Court before the transition time.
4
(2)
The old Act continues to apply in relation to the application as if the old
5
Act had not been repealed.
6
(3)
Subitem (2) applies whether or not the application relates to an existing
7
investigation or existing inquiry to which a transition determination
8
applies.
9
14 Transitional
--directions to detain in relation to contempt
10
(1)
This item applies if:
11
(a) a direction was given under subsection 96D(1) of the old Act
12
to detain a person in relation to a hearing of an application
13
under subsection 96B(1) of that Act; and
14
(b) the hearing had not occurred before the transition time.
15
(2)
The old Act continues to apply in relation to the direction as if the old
16
Act had not been repealed.
17
(3)
Subitem (2) applies whether or not the direction relates to an existing
18
investigation or existing inquiry to which a transition determination
19
applies.
20
15 Transitional
--applications for order to deliver travel
21
documents
22
(1)
This item applies if an application for an order to deliver travel
23
documents made by the Integrity Commissioner under section 97 of the
24
old Act had not been considered by a Judge before the transition time.
25
(2)
The old Act continues to apply in relation to the application as if the old
26
Act had not been repealed.
27
(3)
Subitem (2) applies whether or not the application relates to an existing
28
investigation or existing inquiry to which a transition determination
29
applies.
30
Schedule 2
Application, saving and transitional provisions
Part 4
Facilitating investigations and inquiries
66
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
16 Transitional
--orders regarding delivery of travel
1
documents
2
(1)
This item applies if:
3
(a) a day specified in an order to appear before the Federal Court
4
made under subsection 98(1) of the old Act occurs after the
5
transition time; or
6
(b) the period specified in an order to deliver travel documents
7
made under subsection 98(4) of the old Act, or the period
8
specified in any extension to that period made under
9
subsection 98(5) of that Act, ends after the transition time.
10
(2)
The old Act continues to apply in relation to the order as if the old Act
11
had not been repealed.
12
(3)
Subitem (2) applies whether or not the order relates to an existing
13
investigation or existing inquiry to which a transition determination
14
applies.
15
17 Transitional
--applications for revocation of order to
16
deliver travel documents
17
(1)
This item applies if an application for a revocation of an order made
18
under subsection 98(6) of the old Act had not been considered by the
19
Federal Court before the transition time.
20
(2)
The old Act continues to apply in relation to the application as if the old
21
Act had not been repealed.
22
(3)
Subitem (2) applies whether or not the application relates to an existing
23
investigation or existing inquiry to which a transition determination
24
applies.
25
18 Transitional
--applications for arrest warrants
26
(1)
This item applies if an application for an arrest warrant made by an
27
authorised officer under section 99 of the old Act had not been
28
considered by a Judge before the transition time.
29
(2)
The old Act continues to apply in relation to the application as if the old
30
Act had not been repealed.
31
Application, saving and transitional provisions
Schedule 2
Facilitating investigations and inquiries
Part 4
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
67
(3)
Subitem (2) applies whether or not the application relates to an existing
1
investigation or existing inquiry to which a transition determination
2
applies.
3
19 Transitional
--warrants not executed
4
(1)
This item applies if, before the transition time:
5
(a) an arrest warrant issued under section 100 of the old Act had
6
not been executed; or
7
(b) a search warrant issued under section 109 of the old Act had
8
not expired and had not been fully executed.
9
(2)
The old Act continues to apply in relation to the warrant as if the old
10
Act had not been repealed.
11
(3)
Subitem (2) applies whether or not the warrant relates to an existing
12
investigation or existing inquiry to which a transition determination
13
applies.
14
Schedule 2
Application, saving and transitional provisions
Part 5
Requirements or permissions etc. under other Acts
68
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Part 5--Requirements or permissions etc. under
1
other Acts
2
20 Transitional
--notices under the Anti-Money Laundering
3
and Counter-Terrorism Financing Act 2006
4
(1)
This item applies if:
5
(a) before the transition time, a notice was given under
6
section 49 of the
Anti-Money Laundering and
7
Counter-Terrorism Financing Act 2006
by:
8
(i) the Integrity Commissioner; or
9
(ii) an investigating officer who was an Australian
10
Commission for Law Enforcement Integrity officer; and
11
(b) the period specified in the notice for compliance with the
12
notice ends after the transition time.
13
(2)
The notice has effect, after the transition time, as if it had been given by
14
the National Anti-Corruption Commissioner.
15
21 Transitional
--controlled operation authorities under the
16
Crimes Act 1914
17
(1)
This item applies if an authority to conduct a controlled operation
18
granted under section 15GI of the
Crimes Act 1914
by an authorising
19
officer who was an ACLEI authorising officer was in effect
20
immediately before the transition time.
21
(2)
The authority has effect, after the transition time, as if it had been
22
granted by a NACC authorising officer in relation to a corruption
23
investigation.
24
(3)
To avoid doubt, a reference in this item to an authority to conduct a
25
controlled operation includes a reference to an authority to conduct a
26
controlled operation as varied under Part IAB of the
Crimes Act 1914
27
before the transition time.
28
Application, saving and transitional provisions
Schedule 2
Requirements or permissions etc. under other Acts
Part 5
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
69
22 Transitional
--integrity testing operation authorities under
1
the Crimes Act 1914
2
(1)
This item applies if an authority to conduct an integrity testing
3
operation granted by one of the following under section 15JG of the
4
Crimes Act 1914
was in effect immediately before the transition time:
5
(a) the Integrity Commissioner;
6
(b) an Assistant Integrity Commissioner;
7
(c) an SES employee in the Australian Commission for Law
8
Enforcement Integrity.
9
(2)
The authority has effect, after the transition time, as if it had been
10
granted by the National Anti-Corruption Commissioner in relation to a
11
corruption investigation.
12
(3)
To avoid doubt, a reference in this item to an authority to conduct an
13
integrity testing operation includes a reference to an authority to
14
conduct an integrity testing operation as varied under section 15JK of
15
the
Crimes Act 1914
before the transition time.
16
23 Transitional
--assumed identity authorities under the
17
Crimes Act 1914
18
(1)
This item applies if an authority to acquire or use an assumed identity
19
granted by the Integrity Commissioner under section 15KB of the
20
Crimes Act 1914
was in force immediately before the transition time.
21
(2)
The authority has effect, after the transition time, as if it had been
22
granted by the National Anti-Corruption Commissioner.
23
(3)
To avoid doubt, a reference in this item to an authority to acquire or use
24
an assumed identity includes a reference to an authority to acquire or
25
use an assumed identity as varied under section 15KE of the
Crimes Act
26
1914
before the transition time.
27
24 Transitional
--witness identity protection certificates
28
under the Crimes Act 1914
29
(1)
This item applies if a witness identity protection certificate given by the
30
Integrity Commissioner under section 15ME of the
Crimes Act 1914
31
was in effect immediately before the transition time.
32
Schedule 2
Application, saving and transitional provisions
Part 5
Requirements or permissions etc. under other Acts
70
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(2)
The certificate has effect, after the transition time, as if it had been
1
given by the National Anti-Corruption Commissioner.
2
25 Transitional
--requests for information from cash dealers
3
under the Financial Transaction Reports Act 1988
4
(1)
This item applies if a request given to a cash dealer by one of the
5
following under subsection 16(4) of the
Financial Transaction Reports
6
Act 1988
had not been complied with before the transition time:
7
(a) the Integrity Commissioner;
8
(b) an investigating officer who was a staff member of ACLEI.
9
(2)
The request has effect, after the transition time, as if it had been given
10
by the National Anti-Corruption Commissioner.
11
26 Transitional
--freezing and production orders under the
12
Proceeds of Crime Act 2002
13
(1)
This item applies if one of the following orders, issued by a magistrate
14
on application by the Integrity Commissioner or an authorised officer
15
who was a staff member of the ACLEI, was in effect immediately
16
before the transition time:
17
(a) a freezing order issued under subsection 15B(1) of the
18
Proceeds of Crime Act 2002
;
19
(b) a production order issued under subsection 202(1) of that
20
Act.
21
(2)
The order has effect, after the transition time, as if it had been issued by
22
the magistrate on application by an authorised officer who is a staff
23
member of the NACC.
24
(3)
To avoid doubt, a reference in this item to a freezing order includes a
25
reference to a freezing order as extended under section 15P of the
26
Proceeds of Crime Act 2002
, or as varied under section 15Q of that Act,
27
before the transition time.
28
Application, saving and transitional provisions
Schedule 2
Requirements or permissions etc. under other Acts
Part 5
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
71
27 Transitional
--notices to financial institutions under the
1
Proceeds of Crime Act 2002
2
(1)
This item applies if a day specified in a notice given by the Integrity
3
Commissioner under subsection 213(1) of the
Proceeds of Crime Act
4
2002
for compliance with the notice occurs after the transition time.
5
(2)
The notice has effect, after the transition time, as if it had been given by
6
the National Anti-Corruption Commissioner.
7
28 Transitional
--monitoring orders under the Proceeds of
8
Crime Act 2002
9
(1)
This item applies if:
10
(a) the period during which transactions must have occurred
11
specified in a monitoring order made by a judge of a court of
12
a State or Territory under subsection 219(1) of the
Proceeds
13
of Crime Act 2002
had not ended before the transition time;
14
and
15
(b) the order was made on application by the Integrity
16
Commissioner or an authorised officer who was a staff
17
member of the ACLEI.
18
(2)
The order has effect, after the transition time, as if it had been made on
19
application by an authorised officer who is a staff member of the
20
NACC.
21
29 Transitional
--search warrants under the Proceeds of
22
Crime Act 2002
23
(1)
This item applies if:
24
(a) a search warrant issued by a magistrate under section 225 of
25
the
Proceeds of Crime Act 2002
had not expired and had not
26
been fully executed before the transition time; and
27
(b) the warrant had been issued on application by the Integrity
28
Commissioner or an authorised officer who was a staff
29
member of the ACLEI.
30
(2)
The warrant has effect, after the transition time, as if it had been issued
31
by the magistrate on application by an authorised officer who is a staff
32
member of the NACC.
33
Schedule 2
Application, saving and transitional provisions
Part 5
Requirements or permissions etc. under other Acts
72
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
30 Transitional
--surveillance device, retrieval and computer
1
access warrants under the Surveillance Devices Act
2
2004
3
(1)
This item applies if one of the following warrants issued by an eligible
4
Judge or a nominated AAT member on application by a law
5
enforcement officer of the Australian Commission for Law
6
Enforcement Integrity was in force immediately before the transition
7
time:
8
(a) a surveillance device warrant issued under subsection 16(1)
9
of the
Surveillance Devices Act 2004
(including such a
10
warrant as extended or varied under section 19 of that Act);
11
(b) a retrieval warrant issued under subsection 24(1) of that Act;
12
(c) a computer access warrant issued under subsection 27C(1) of
13
that Act (including such a warrant as extended or varied
14
under section 27F of that Act).
15
(2)
The warrant has effect, after the transition time, as if it had been issued
16
on application by a law enforcement officer who is a staff member of
17
the NACC.
18
31 Transitional
--emergency and tracking device
19
authorisations under the Surveillance Devices Act 2004
20
(1)
This item applies if one of the following authorisations given by an
21
appropriate authorising officer of the Australian Commission for Law
22
Enforcement Integrity was in force immediately before the transition
23
time:
24
(a) an emergency authorisation given under Part 3 of the
25
Surveillance Devices Act 2004
;
26
(b) a tracking device authorisation given under section 39 of that
27
Act.
28
(2)
The authorisation has effect, after the transition time, as if it had been
29
given by an appropriate authorising officer of the National
30
Anti-Corruption Commission.
31
Application, saving and transitional provisions
Schedule 2
Requirements or permissions etc. under other Acts
Part 5
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
73
32 Transitional
--warrants under the Telecommunications
1
(Interception and Access) Act 1979
2
(1)
This item applies if one of the following warrants issued to the
3
Australian Commission for Law Enforcement Integrity was in force
4
immediately before the transition time:
5
(a) an interception warrant issued under section 46, 46A or 48 of
6
the
Telecommunications (Interception and Access) Act 1979
;
7
(b) a stored communications warrant issued under section 116 of
8
that Act;
9
(c) a journalist information warrant issued under section 180T of
10
that Act.
11
(2)
The warrant has effect, after the transition time, as if it had been issued
12
to the National Anti-Corruption Commission.
13
33 Transitional
--preservation notices under the
14
Telecommunications (Interception and Access) Act
15
1979
16
(1)
This item applies if a preservation notice issued by the Australian
17
Commission for Law Enforcement Integrity under the
18
Telecommunications (Interception and Access) Act 1979
was in force
19
immediately before the transition time.
20
(2)
The notice has effect, after the transition time, as if it had been issued
21
by the National Anti-Corruption Commission.
22
34 Transitional
--telecommunications data authorisations
23
under the Telecommunications (Interception and
24
Access) Act 1979
25
(1)
This item applies if a telecommunication data authorisation made by an
26
authorising officer of the Australian Commission for Law Enforcement
27
Integrity under section 178, 179, or 180 of the
Telecommunications
28
(Interception and Access) Act 1979
was in force immediately before the
29
transition time.
30
(2)
The authorisation has effect, after the transition time, as if it had been
31
made by an authorising officer of the National Anti-Corruption
32
Commission.
33
Schedule 2
Application, saving and transitional provisions
Part 5
Requirements or permissions etc. under other Acts
74
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
35 Transitional
--international production orders under the
1
Telecommunications (Interception and Access) Act
2
1979
3
(1)
This item applies if an international production order issued on
4
application by the Australian Commissioner for Law Enforcement
5
Integrity under Schedule 1 of the
Telecommunications (Interception and
6
Access) Act 1979
:
7
(a) was in force immediately before the transition time; or
8
(b) had not been given to the prescribed communications
9
provider to whom the order was directed before the transition
10
time.
11
(2)
The order has effect, after the transition time, as if it had been issued on
12
application by the National Anti-Corruption Commissioner.
13
Application, saving and transitional provisions
Schedule 2
ACLEI corruption issues
Part 6
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
75
Part 6--ACLEI corruption issues
1
36 Transitional
--investigations into ACLEI corruption issues
2
(1)
This item applies if, immediately before the transition time, any of the
3
following investigations had been commenced but not yet completed:
4
(a) an investigation of an ACLEI corruption issue by the
5
Integrity Commissioner under Division 3 of Part 12 of the
6
old Act;
7
(b) a special investigation of an ACLEI corruption issue by a
8
special investigator under Division 4 of Part 12 of the old
9
Act.
10
(2)
The National Anti-Corruption Commissioner may continue to conduct
11
the investigation as if the old Act had not been repealed.
12
(3)
The special investigator may continue to conduct the special
13
investigation as if the old Act had not been repealed.
14
(4)
However, the Inspector may, by notice in writing (the
NACC
15
corruption issue transition notice
), determine that the new Act applies
16
to the investigation or special investigation if the Inspector considers
17
that:
18
(a) it is more appropriate to deal with the investigation or special
19
investigation under the new Act; and
20
(b) the investigation or special investigation could involve
21
corrupt conduct that is serious or systemic.
22
(5)
If the Inspector issues the NACC corruption issue transition notice:
23
(a) the investigation or special investigation is taken to be a
24
NACC corruption investigation under the new Act; and
25
(b) the Inspector must continue the conduct of the investigation
26
or special investigation under Division 3 of Part 10 of the
27
new Act.
28
(6)
The Inspector must, as soon as reasonably practicable, give a copy of
29
the NACC corruption issue transition notice to:
30
(a) the National Anti-Corruption Commissioner; and
31
(b) the special investigator.
32
Schedule 2
Application, saving and transitional provisions
Part 6
ACLEI corruption issues
76
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(7)
The new Act applies to the investigation from the later of the following
1
times:
2
(a) the time the NACC corruption issue transition notice is given
3
to the National-Anti-Corruption Commissioner;
4
(b) the time specified in the notice.
5
(8)
A NACC corruption issue transition notice is not a legislative
6
instrument.
7
Application, saving and transitional provisions
Schedule 2
Information disclosure--prevention on public interest grounds
Part 7
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
77
Part 7--Information disclosure--prevention on
1
public interest grounds
2
37 Transitional
--Attorney-General's certificates about
3
release of information
4
(1)
This item applies if:
5
(a) the Attorney-General certified, under subsection 149(1) of
6
the old Act, that disclosure of information or the contents of a
7
document would be contrary to the public interest; and
8
(b) the certificate had not been revoked before the transition
9
time.
10
(2)
The old Act continues to apply in relation to the information or contents
11
as if the old Act had not been repealed.
12
(3)
However, if the information or contents relate to an existing
13
investigation or existing inquiry to which the new Act applies because
14
of a transition determination, the information or contents are taken to be
15
section 235 certified information under the new Act.
16
Schedule 2
Application, saving and transitional provisions
Part 8
Reporting
78
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Part 8--Reporting
1
38 Transitional
--reports on corruption investigations
2
(1)
This item applies if, before the transition time, the Integrity
3
Commissioner:
4
(a) completed an investigation of a corruption issue that related
5
to a law enforcement agency; but
6
(b) had not yet prepared a report on the investigation under
7
subsection 54(1) of the old Act.
8
(2)
The National Anti-Corruption Commissioner must prepare the report as
9
if the old Act had not been repealed.
10
39 Transitional
--reports on public inquiries
11
(1)
This item applies if, before the transition time, the Integrity
12
Commissioner:
13
(a) completed a public inquiry; but
14
(b) had not yet prepared a report on the inquiry under
15
subsection 73(1) of the old Act.
16
(2)
The National Anti-Corruption Commissioner must prepare the report as
17
if the old Act had not been repealed.
18
40 Transitional
--annual reports for financial year ended
19
before transition time
20
(1)
This item applies if:
21
(a) the transition time occurs after the end of a financial year;
22
and
23
(b) the annual report referred to in section 201 of the old Act had
24
not been prepared for the financial year before the transition
25
time.
26
(2)
The National Anti-Corruption Commissioner must, as soon as
27
reasonably practicable, prepare the annual report in accordance with the
28
old Act as if the old Act had not been repealed.
29
Application, saving and transitional provisions
Schedule 2
Reporting
Part 8
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
79
(3)
The Parliamentary Joint Committee on the National Anti-Corruption
1
Commission may:
2
(a) examine the report; and
3
(b) report to the Parliament on any matter appearing in, or
4
arising out of, the report.
5
41 Transitional
--annual reports for financial year in which
6
transition time occurs
7
(1)
This item applies:
8
(a) if the transition time occurs during a financial year; and
9
(b) in relation to the matters that would have been covered by the
10
annual report referred to in section 201 of the old Act for the
11
part of the financial year before the transition time if the old
12
Act had not been repealed.
13
(2)
The first annual report prepared by the National Anti-Corruption
14
Commissioner under section 271 of the new Act must cover those
15
matters.
16
42 Transitional
--special reports not completed
17
(1)
This item applies if, before the transition time, the Integrity
18
Commissioner had started preparing a special report under section 204
19
of the old Act, but had not completed the report.
20
(2)
The National Anti-Corruption Commissioner may complete the report
21
in accordance with the old Act as if the old Act had not been repealed.
22
(3)
If the National Anti-Corruption Commissioner completes the report, the
23
Parliamentary Joint Committee on the National Anti-Corruption
24
Commission may:
25
(a) examine the report; and
26
(b) report to the Parliament on any matter appearing in, or
27
arising out of, the report.
28
43 Transitional
--special reports not tabled
29
(1)
This item applies if, before the transition time, the Integrity
30
Commissioner had given the Minister a special report under section 204
31
Schedule 2
Application, saving and transitional provisions
Part 8
Reporting
80
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
of the old Act, but the Minister had not laid the report before each
1
House of the Parliament.
2
(2)
The old Act continues to apply, in relation to the report as if the old Act
3
had not been repealed.
4
Application, saving and transitional provisions
Schedule 2
Staffing
Part 9
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
81
Part 9--Staffing
1
44 Transitional
--current ACLEI staff
2
(1)
This item applies to a person who, immediately before the transition
3
time, was engaged as a staff member of ACLEI under section 197 of the
4
old Act.
5
(2)
The person is taken, after the transition time, to be engaged as a
6
member of the staff of the NACC under subsection 262(1) of the new
7
Act on the same terms and conditions.
8
(3)
The repeal of the old Act does not affect the continuity of employment
9
of the person.
10
45 Transitional
--consultants to ACLEI
11
(1)
This item applies to a person who, immediately before the transition
12
time, was engaged as a consultant to ACLEI under section 198 of the
13
old Act.
14
(2)
The person is taken, after the transition time, to be engaged as a
15
consultant to the NACC under section 263 of the new Act on the same
16
terms and conditions.
17
46 Transitional
--secondees to ACLEI
18
(1)
This item applies to a person whose services were, immediately before
19
the transition time, made available to the Integrity Commissioner under
20
section 199 of the old Act.
21
(2)
The person is taken, after the transition time, to be a person whose
22
services are made available to the NACC under section 264 of the new
23
Act on the same terms and conditions.
24
47 Transitional
--counsel assisting Integrity Commissioner
25
(1)
This item applies to a person who, immediately before the transition
26
time, was appointed as counsel assisting the Integrity Commissioner
27
under section 200 of the old Act.
28
Schedule 2
Application, saving and transitional provisions
Part 9
Staffing
82
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
(2)
The person is taken, after the transition time, to be appointed as counsel
1
assisting the National Anti-Corruption Commissioner under section 265
2
of the new Act on the same terms and conditions.
3
48 Transitional
--authorised officers of ACLEI
4
(1)
This item applies to a person for whom an authorisation was in effect
5
under section 140 of the old Act immediately before the transition time.
6
(2)
The person is taken, after the transition time, to be a person appointed
7
as an authorised officer under section 267 of the new Act.
8
(3)
An identity card issued to the person under section 141 of the old Act is
9
taken, after the transition time, to be an identity card issued to the
10
person under section 268 of the new Act.
11
Application, saving and transitional provisions
Schedule 2
Miscellaneous transitional provisions
Part 10
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
83
Part 10--Miscellaneous transitional provisions
1
49 Transitional
--pending proceedings
2
(1)
This item applies to any proceedings:
3
(a) that were pending in any court or tribunal immediately before
4
the transition time; and
5
(b) to which the Integrity Commissioner was a party.
6
(2)
The National Anti-Corruption Commissioner is, after the transition
7
time, substituted for the Integrity Commissioner as a party to the
8
proceedings.
9
50 Transitional
--judicial review
10
(1)
This item applies if, immediately before the transition time, a person
11
was entitled to make an application to the Federal Court or the Federal
12
Circuit and Family Court of Australia (Division 2) under the
13
Administrative Decisions (Judicial Review) Act 1977
for an order of
14
review in respect of a matter arising under the old Act.
15
(2)
Despite the repeal of the old Act, the person may, after the transition
16
time and subject to the
Administrative Decisions (Judicial Review) Act
17
1977
, apply for an order of review in respect of that matter.
18
51 Transitional
--transfer of records
19
(1)
This item applies to any records or documents that were in the
20
possession of the following immediately before the transition time:
21
(a) the Integrity Commissioner;
22
(b) an Assistant Integrity Commissioner;
23
(c) the Australian Commission for Law Enforcement Integrity.
24
(2)
The records and documents are to be transferred to the National
25
Anti-Corruption Commissioner after the transition time.
26
Schedule 2
Application, saving and transitional provisions
Part 10
Miscellaneous transitional provisions
84
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
52 Transitional
--confidential information provided under old
1
Act
2
(1)
This item applies to any confidential information provided to the
3
following, under the old Act, before the transition time:
4
(a) the Integrity Commissioner;
5
(b) a staff member of the ACLEI;
6
(c) if the information was provided to a special investigator for
7
the purposes of Division 4 of Part 12 of the old Act--the
8
special investigator.
9
(2)
The information is taken, immediately after the transition time, to have
10
been provided to the National Anti-Corruption Commissioner under the
11
new Act.
12
53 Transitional
--references to the Integrity Commissioner
13
etc. in instruments
14
(1)
This item applies to an instrument if:
15
(a) the instrument was in force immediately before the transition
16
time; and
17
(b) the instrument contains a reference to:
18
(i) the Integrity Commissioner; or
19
(ii) an Assistant Integrity Commissioner; or
20
(iii) the Australian Commission for Law Enforcement
21
Integrity.
22
(2)
The instrument has effect, after the transition time, as if:
23
(a) a reference in the instrument to the Integrity Commissioner
24
were a reference to the National Anti-Corruption
25
Commissioner; and
26
(b) a reference in the instrument to an Assistant Integrity
27
Commissioner were a reference to a National
28
Anti-Corruption Deputy Commissioner; and
29
(c) a reference in the instrument to the Australian Commission
30
for Law Enforcement Integrity were a reference to the
31
National Anti-Corruption Commission.
32
(3)
The rules may provide that subitem (2) does not apply in relation to a
33
specified instrument.
34
Application, saving and transitional provisions
Schedule 2
Miscellaneous transitional provisions
Part 10
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
85
(4)
This item does not prevent the instrument from being amended or
1
repealed after the transition time.
2
Schedule 2
Application, saving and transitional provisions
Part 11
Transitional application of certain provisions in new Act
86
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
No. , 2022
Part 11--Transitional application of certain
1
provisions in new Act
2
54 Application
--protection for journalists' informants
3
Section 31 of the new Act applies in relation to information given by an
4
informant whether the information is given before, on or after the
5
commencement of that section.
6
55 Application
--mandatory referrals
7
(1)
This item applies if, in the 28 day period beginning on the day the
8
transition time occurs:
9
(a) a person becomes aware of a corruption issue; and
10
(b) the person would, but for this item, be required to refer the
11
corruption issue to the National Anti-Corruption
12
Commissioner or the IGIS under Division 2 of Part 5 of the
13
new Act.
14
(2)
The person is not required to refer the corruption issue to the National
15
Anti-Corruption Commissioner or the IGIS (as the case may be) until as
16
soon as is reasonably practicable after the end of the period.
17
56 Application
--appointment of first CEO
18
Subsection 254(2) of the new Act does not apply in relation to the first
19
appointment made under subsection 254(1) of the new Act.
20
Note:
The effect of this item is that the National Anti-Corruption
21
Commissioner is not required to approve the appointment of the first
22
CEO.
23
Application, saving and transitional provisions
Schedule 2
Transitional rules
Part 12
No. , 2022
National Anti-Corruption Commission (Consequential and
Transitional Provisions) Bill 2022
87
Part 12--Transitional rules
1
57 Transitional rules
2
(1)
The Minister may, by legislative instrument, make rules prescribing
3
matters:
4
(a) required or permitted by this Act to be prescribed by the
5
rules; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
(2)
Without limiting subitem (1), the rules may prescribe matters of a
9
transitional nature (including prescribing any saving or application
10
provisions) relating to:
11
(a) the amendments or repeals made by this Act; or
12
(b) the enactment of the new Act.
13
(3)
To avoid doubt, the rules may not do the following:
14
(a) create an offence or civil penalty;
15
(b) provide powers of:
16
(i) arrest or detention; or
17
(ii) entry, search or seizure;
18
(c) impose a tax;
19
(d) set an amount to be appropriated from the Consolidated
20
Revenue Fund;
21
(e) directly amend the text of this Act or the new Act.
22
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
23
be made for the purposes of subitem (1).
24