Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Definitions
(1) In this Schedule:
existing inquiry : see paragraph 2(1)(b).
existing investigation : see paragraph 2(1)(a).
instrument includes:
(a) a contract, deed, undertaking, arrangement or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or a regulation.
NACC corruption issue transition notice : see subitem 36(4).
new Act means the National Anti - Corruption Commission Act 2022 .
old Act means the Law Enforcement Integrity Commissioner Act 2006 , as in force immediately before the transition time.
rules means the rules made under item 57.
transition determination means, in relation to an existing investigation or an existing inquiry, a determination under subitem 3(1).
transition time means the time section 40 of the new Act (which gives the National Anti - Corruption Commissioner the power to deal with a corruption issue) commences.
(2) Expressions used in this Schedule that are defined for the purposes of the new Act, and are used in relation to that Act, have the same meaning as in that Act.
(3) Expressions used in this Schedule that were defined for the purposes of the old Act, and are used in relation to that Act, have the same meaning as in that Act.
(4) For the purposes of the operation of the old Act after the transition time, as provided for by this Schedule:
(a) the National Anti - Corruption Commissioner may exercise the powers, and perform the functions and duties, of the Integrity Commissioner; and
(b) the Inspector may exercise the powers, and perform the functions and duties, of a special investigator; and
(c) the old Act applies with such further modifications as are necessary for matters under the old Act to be managed by the National Anti - Corruption Commission or the Inspector, as the case requires; and
(d) the amendments made by Part 2 of Schedule 1 are taken not to have been made.
Part 2 -- Existing investigations and inquiries
2 Transitional--continuation of existing investigations and inquiries
(1) This item applies in relation to the following:
(a) an investigation (the existing investigation ) of a corruption issue by the Integrity Commissioner, whether alone or jointly with another person or persons, under Part 6 of the old Act that has been commenced but is not yet completed at the transition time;
(b) a public inquiry (the existing inquiry ) by the Integrity Commissioner under Part 8 of the old Act that has been commenced but is not yet completed at the transition time.
(2) The National Anti - Corruption Commissioner may continue to conduct the existing investigation or existing inquiry under the old Act as if the old Act had not been repealed.
Note: An effect of this subitem is that the rights and obligations of persons and agencies in relation to the investigation or inquiry are determined by the old Act.
(3) However, subitem (2) does not apply if the National Anti - Corruption Commissioner makes a transition determination in relation to the existing investigation or existing inquiry.
3 Transitional--transition determinations
(1) The National Anti - Corruption Commissioner may, by notice in writing (the transition determination ), determine that the new Act applies to an existing investigation or an existing inquiry if the National Anti - Corruption Commissioner considers that:
(a) it is more appropriate to deal with the issues the subject of the existing investigation or existing inquiry under the new Act; and
(b) in the case of an existing investigation--the issues could involve corrupt conduct that is serious or systemic.
(2) The National Anti - Corruption Commissioner must, as soon as reasonably practicable, give a copy of the transition determination to each head of a government agency to which the existing investigation or existing inquiry relates.
(3) The new Act applies to the existing investigation or existing inquiry from the later of the following times:
(a) the time the transition determination is given to the head of each government agency to which the existing investigation or existing inquiry relates;
(b) the time specified in the transition determination.
Note: The new Act will then determine the National Anti - Corruption Commissioner's powers, functions and duties in relation to the investigation or inquiry. Similarly, the rights and obligations of persons and agencies in relation to the investigation or inquiry will be determined by the new Act.
(4) A transition determination is not a legislative instrument.
4 Transitional--investigations managed or overseen by Integrity Commissioner
(1) This item applies if, at the transition time, any of the following investigations had been commenced but had not yet been completed:
(a) an investigation of a corruption issue by a law enforcement agency managed by the Integrity Commissioner under subsection 61(1) of the old Act;
(b) an investigation of a corruption issue by a law enforcement agency overseen by the Integrity Commissioner under subsection 62(1) of the old Act.
(2) The National Anti - Corruption Commissioner may continue to manage, or oversee, the investigation under the old Act as if the old Act had not been repealed.
(3) The law enforcement agency investigating the corruption issue must comply with any reporting obligations under the old Act.
5 Transitional--investigations conducted solely by law enforcement agencies
(1) This item applies if:
(a) the Integrity Commissioner referred a corruption issue to a law enforcement agency for investigation under subparagraph 26(1)(b)(iii) of the old Act; and
(b) the investigation had been commenced but had not yet been completed before the transition time.
(2) The referral is taken, after the transition time, to have been made by the National Anti - Corruption Commissioner under paragraph 41(1)(c) of the new Act.
6 Transitional--investigation of corruption issues relating to conduct of secondees
(1) This item applies if, immediately before the transition time:
(a) a government agency, or an integrity agency for a State or Territory, was investigating the conduct of a secondee to a law enforcement agency; and
(b) the investigation was being done under an arrangement made under subsection 30(1) of the old Act.
(2) The government agency, or the integrity agency for the State or Territory, may continue to investigate the corruption issue as if the old Act had not been repealed.
Part 3 -- Corruption issues previously referred or notified
7 Transitional--referral and notification of corruption issues
(1) This item applies if, before the transition time:
(a) a person:
(i) had referred an allegation, or information, that raised a corruption issue to the Integrity Commissioner; or
(ii) had notified a corruption issue to the Integrity Commissioner; and
(b) the Integrity Commissioner:
(i) had not yet decided, under Division 2 of Part 4 of the old Act, how to deal with the corruption issue; or
(ii) had decided, under that Division, how to deal with the corruption issue, but had not yet commenced taking any action to deal with the issue.
(2) The allegation or information is taken, or the corruption issue is taken, after the transition time, to have been referred to the National Anti - Corruption Commissioner under Part 5 of the new Act.
8 Transitional--protection of persons referring or notifying corruption issues
If subitem 7(1) applies in relation to a person and a referral or notification, the person is taken, after the transition time, to have made a NACC disclosure under the new Act in relation to the referral or notification.
Part 4 -- Facilitating investigations and inquiries
9 Transitional--notices to give information or produce documents or things
(1) This item applies in relation to any of the following:
(a) a notice given to a person, before the transition time, by the Integrity Commissioner under subsection 75(1) of the old Act requiring the recipient of the notice to give information or to produce a document or thing with which the recipient has not yet complied;
(b) a notation included, under subsection 77A(2) of the old Act, in such a notice prohibiting the disclosure of information.
(2) The old Act continues to apply in relation to the notice and the notation as if the old Act had not been repealed.
(3) However, if the notice or notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:
(a) the notice is taken to be a notice to produce given by the National Anti - Corruption Commissioner under subsection 58(2) of the new Act;
(b) the notation is taken to be a non - disclosure notation included in the notice to produce for the purposes of subsection 95(1) of the new Act.
10 Transitional--protection of persons who comply with notices and protection of witnesses etc.
(1) This item applies if one of the following was in effect immediately before the transition time:
(a) an arrangement under subsection 81(3) of the old Act for the protection of a person who gave information, or produced a document or thing, in response to a notice served on the person under section 75 of the old Act;
(b) an arrangement under subsection 104A(3) of the old Act for the protection of a person mentioned in subsection 104A(2) of the old Act.
(2) The arrangement continues in effect, after the transition time, as if it had been made under subsection 116(2) of the new Act.
11 Transitional--summons to attend hearings
(1) This item applies in relation to any of the following:
(a) a summons issued to a person, before the transition time, by the Integrity Commissioner under subsection 83(1) of the old Act to attend a hearing to give evidence or to produce any document or thing referred to in the summons;
(b) a notation included, under subsection 91(2) of the old Act, in such a summons prohibiting the disclosure of information.
(2) The old Act continues to apply in relation to the summons and the notation as if the old Act had not been repealed.
(3) However, if the summons and any notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:
(a) the summons is taken to have been issued by the National Anti - Corruption Commissioner under subsection 63(1) of the new Act;
(b) the notation is taken to be a non - disclosure notation included in the summons for the purposes of subsection 95(1) of the new Act.
12 Transitional--directions in relation to confidentiality
(1) This item applies if the Integrity Commissioner gave a direction, under subsection 90(1) of the old Act, to a person in relation to the use or disclosure of hearing material before the transition time.
(2) The old Act continues to apply in relation to the direction as if the old Act had not been repealed.
(3) However, if the direction relates to a hearing conducted, or to be conducted, as part of an existing investigation or existing inquiry to which the new Act applies because of a transition determination, the direction is taken to have been given by the National Anti - Corruption Commissioner under subsection 100(1) of the new Act.
13 Transitional--applications to Court to deal with contempt
(1) This item applies if an application made to the Federal Court or a Supreme Court under section 96B of the old Act had not been dealt with by the Court before the transition time.
(2) The old Act continues to apply in relation to the application as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.
14 Transitional--directions to detain in relation to contempt
(1) This item applies if:
(a) a direction was given under subsection 96D(1) of the old Act to detain a person in relation to a hearing of an application under subsection 96B(1) of that Act; and
(b) the hearing had not occurred before the transition time.
(2) The old Act continues to apply in relation to the direction as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the direction relates to an existing investigation or existing inquiry to which a transition determination applies.
15 Transitional--applications for order to deliver travel documents
(1) This item applies if an application for an order to deliver travel documents made by the Integrity Commissioner under section 97 of the old Act had not been considered by a Judge before the transition time.
(2) The old Act continues to apply in relation to the application as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.
16 Transitional--orders regarding delivery of travel documents
(1) This item applies if:
(a) a day specified in an order to appear before the Federal Court made under subsection 98(1) of the old Act occurs after the transition time; or
(b) the period specified in an order to deliver travel documents made under subsection 98(4) of the old Act, or the period specified in any extension to that period made under subsection 98(5) of that Act, ends after the transition time.
(2) The old Act continues to apply in relation to the order as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the order relates to an existing investigation or existing inquiry to which a transition determination applies.
17 Transitional--applications for revocation of order to deliver travel documents
(1) This item applies if an application for a revocation of an order made under subsection 98(6) of the old Act had not been considered by the Federal Court before the transition time.
(2) The old Act continues to apply in relation to the application as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.
18 Transitional--applications for arrest warrants
(1) This item applies if an application for an arrest warrant made by an authorised officer under section 99 of the old Act had not been considered by a Judge before the transition time.
(2) The old Act continues to apply in relation to the application as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.
19 Transitional--warrants not executed
(1) This item applies if, before the transition time:
(a) an arrest warrant issued under section 100 of the old Act had not been executed; or
(b) a search warrant issued under section 109 of the old Act had not expired and had not been fully executed.
(2) The old Act continues to apply in relation to the warrant as if the old Act had not been repealed.
(3) Subitem (2) applies whether or not the warrant relates to an existing investigation or existing inquiry to which a transition determination applies.
Part 5 -- Requirements or permissions etc. under other Acts
20 Transitional--notices under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006
(1) This item applies if:
(a) before the transition time, a notice was given under section 49 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 by:
(i) the Integrity Commissioner; or
(ii) an investigating officer who was an Australian Commission for Law Enforcement Integrity officer; and
(b) the period specified in the notice for compliance with the notice ends after the transition time.
(2) The notice has effect, after the transition time, as if it had been given by the National Anti - Corruption Commissioner.
21 Transitional--controlled operation authorities under the Crimes Act 1914
(1) This item applies if an authority to conduct a controlled operation granted under section 15GI of the Crimes Act 1914 by an authorising officer who was an ACLEI authorising officer was in effect immediately before the transition time.
(2) The authority has effect, after the transition time, as if it had been granted by a NACC authorising officer in relation to a corruption investigation.
(3) To avoid doubt, a reference in this item to an authority to conduct a controlled operation includes a reference to an authority to conduct a controlled operation as varied under Part IAB of the Crimes Act 1914 before the transition time.
22 Transitional--integrity testing operation authorities under the Crimes Act 1914
(1) This item applies if an authority to conduct an integrity testing operation granted by one of the following under section 15JG of the Crimes Act 1914 was in effect immediately before the transition time:
(a) the Integrity Commissioner;
(b) an Assistant Integrity Commissioner;
(c) an SES employee in the Australian Commission for Law Enforcement Integrity.
(2) The authority has effect, after the transition time, as if it had been granted by the National Anti - Corruption Commissioner in relation to a corruption investigation.
(3) To avoid doubt, a reference in this item to an authority to conduct an integrity testing operation includes a reference to an authority to conduct an integrity testing operation as varied under section 15JK of the Crimes Act 1914 before the transition time.
23 Transitional--assumed identity authorities under the Crimes Act 1914
(1) This item applies if an authority to acquire or use an assumed identity granted by the Integrity Commissioner under section 15KB of the Crimes Act 1914 was in force immediately before the transition time.
(2) The authority has effect, after the transition time, as if it had been granted by the National Anti - Corruption Commissioner.
(3) To avoid doubt, a reference in this item to an authority to acquire or use an assumed identity includes a reference to an authority to acquire or use an assumed identity as varied under section 15KE of the Crimes Act 1914 before the transition time.
24 Transitional--witness identity protection certificates under the Crimes Act 1914
(1) This item applies if a witness identity protection certificate given by the Integrity Commissioner under section 15ME of the Crimes Act 1914 was in effect immediately before the transition time.
(2) The certificate has effect, after the transition time, as if it had been given by the National Anti - Corruption Commissioner.
25 Transitional--requests for information from cash dealers under the Financial Transaction Reports Act 1988
(1) This item applies if a request given to a cash dealer by one of the following under subsection 16(4) of the Financial Transaction Reports Act 1988 had not been complied with before the transition time:
(a) the Integrity Commissioner;
(b) an investigating officer who was a staff member of ACLEI.
(2) The request has effect, after the transition time, as if it had been given by the National Anti - Corruption Commissioner.
26 Transitional--freezing and production orders under the Proceeds of Crime Act 2002
(1) This item applies if one of the following orders, issued by a magistrate on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI, was in effect immediately before the transition time:
(a) a freezing order issued under subsection 15B(1) of the Proceeds of Crime Act 2002 ;
(b) a production order issued under subsection 202(1) of that Act.
(2) The order has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.
(3) To avoid doubt, a reference in this item to a freezing order includes a reference to a freezing order as extended under section 15P of the Proceeds of Crime Act 2002 , or as varied under section 15Q of that Act, before the transition time.
27 Transitional--notices to financial institutions under the Proceeds of Crime Act 2002
(1) This item applies if a day specified in a notice given by the Integrity Commissioner under subsection 213(1) of the Proceeds of Crime Act 2002 for compliance with the notice occurs after the transition time.
(2) The notice has effect, after the transition time, as if it had been given by the National Anti - Corruption Commissioner.
28 Transitional--monitoring orders under the Proceeds of Crime Act 2002
(1) This item applies if:
(a) the period during which transactions must have occurred specified in a monitoring order made by a judge of a court of a State or Territory under subsection 219(1) of the Proceeds of Crime Act 2002 had not ended before the transition time; and
(b) the order was made on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.
(2) The order has effect, after the transition time, as if it had been made on application by an authorised officer who is a staff member of the NACC.
29 Transitional--search warrants under the Proceeds of Crime Act 2002
(1) This item applies if:
(a) a search warrant issued by a magistrate under section 225 of the Proceeds of Crime Act 2002 had not expired and had not been fully executed before the transition time; and
(b) the warrant had been issued on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.
(2) The warrant has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.
30 Transitional--surveillance device, retrieval and computer access warrants under the Surveillance Devices Act 2004
(1) This item applies if one of the following warrants issued by an eligible Judge or a nominated AAT member on application by a law enforcement officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) a surveillance device warrant issued under subsection 16(1) of the Surveillance Devices Act 2004 (including such a warrant as extended or varied under section 19 of that Act);
(b) a retrieval warrant issued under subsection 24(1) of that Act;
(c) a computer access warrant issued under subsection 27C(1) of that Act (including such a warrant as extended or varied under section 27F of that Act).
(2) The warrant has effect, after the transition time, as if it had been issued on application by a law enforcement officer who is a staff member of the NACC.
31 Transitional--emergency and tracking device authorisations under the Surveillance Devices Act 2004
(1) This item applies if one of the following authorisations given by an appropriate authorising officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) an emergency authorisation given under Part 3 of the Surveillance Devices Act 2004 ;
(b) a tracking device authorisation given under section 39 of that Act.
(2) The authorisation has effect, after the transition time, as if it had been given by an appropriate authorising officer of the National Anti - Corruption Commission.
32 Transitional--warrants under the Telecommunications (Interception and Access) Act 1979
(1) This item applies if one of the following warrants issued to the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:
(a) an interception warrant issued under section 46, 46A or 48 of the Telecommunications (Interception and Access) Act 1979 ;
(b) a stored communications warrant issued under section 116 of that Act;
(c) a journalist information warrant issued under section 180T of that Act.
(2) The warrant has effect, after the transition time, as if it had been issued to the National Anti - Corruption Commission.
33 Transitional--preservation notices under the Telecommunications (Interception and Access) Act 1979
(1) This item applies if a preservation notice issued by the Australian Commission for Law Enforcement Integrity under the Telecommunications (Interception and Access) Act 1979 was in force immediately before the transition time.
(2) The notice has effect, after the transition time, as if it had been issued by the National Anti - Corruption Commission.
34 Transitional--telecommunications data authorisations under the Telecommunications (Interception and Access) Act 1979
(1) This item applies if a telecommunication data authorisation made by an authorising officer of the Australian Commission for Law Enforcement Integrity under section 178, 179, or 180 of the Telecommunications (Interception and Access) Act 1979 was in force immediately before the transition time.
(2) The authorisation has effect, after the transition time, as if it had been made by an authorising officer of the National Anti - Corruption Commission.
35 Transitional--international production orders under the Telecommunications (Interception and Access) Act 1979
(1) This item applies if an international production order issued on application by the Australian Commissioner for Law Enforcement Integrity under Schedule 1 of the Telecommunications (Interception and Access) Act 1979 :
(a) was in force immediately before the transition time; or
(b) had not been given to the prescribed communications provider to whom the order was directed before the transition time.
(2) The order has effect, after the transition time, as if it had been issued on application by the National Anti - Corruption Commissioner.
Part 6 -- ACLEI corruption issues
36 Transitional--investigations into ACLEI corruption issues
(1) This item applies if, immediately before the transition time, any of the following investigations had been commenced but not yet completed:
(a) an investigation of an ACLEI corruption issue by the Integrity Commissioner under Division 3 of Part 12 of the old Act;
(b) a special investigation of an ACLEI corruption issue by a special investigator under Division 4 of Part 12 of the old Act.
(2) The National Anti - Corruption Commissioner may continue to conduct the investigation as if the old Act had not been repealed.
(3) The special investigator may continue to conduct the special investigation as if the old Act had not been repealed.
(4) However, the Inspector may, by notice in writing (the NACC corruption issue transition notice ), determine that the new Act applies to the investigation or special investigation if the Inspector considers that:
(a) it is more appropriate to deal with the investigation or special investigation under the new Act; and
(b) the investigation or special investigation could involve corrupt conduct that is serious or systemic.
(5) If the Inspector issues the NACC corruption issue transition notice:
(a) the investigation or special investigation is taken to be a NACC corruption investigation under the new Act; and
(b) the Inspector must continue the conduct of the investigation or special investigation under Division 3 of Part 10 of the new Act.
(6) The Inspector must, as soon as reasonably practicable, give a copy of the NACC corruption issue transition notice to:
(a) the National Anti - Corruption Commissioner; and
(b) the special investigator.
(7) The new Act applies to the investigation from the later of the following times:
(a) the time the NACC corruption issue transition notice is given to the National - Anti - Corruption Commissioner;
(b) the time specified in the notice.
(8) A NACC corruption issue transition notice is not a legislative instrument.
Part 7 -- Information disclosure--prevention on public interest grounds
37 Transitional--Attorney - General's certificates about release of information
(1) This item applies if:
(a) the Attorney - General certified, under subsection 149(1) of the old Act, that disclosure of information or the contents of a document would be contrary to the public interest; and
(b) the certificate had not been revoked before the transition time.
(2) The old Act continues to apply in relation to the information or contents as if the old Act had not been repealed.
(3) However, if the information or contents relate to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, the information or contents are taken to be section 235 certified information under the new Act.
38 Transitional--reports on corruption investigations
(1) This item applies if, before the transition time, the Integrity Commissioner:
(a) completed an investigation of a corruption issue that related to a law enforcement agency; but
(b) had not yet prepared a report on the investigation under subsection 54(1) of the old Act.
(2) The National Anti - Corruption Commissioner must prepare the report as if the old Act had not been repealed.
39 Transitional--reports on public inquiries
(1) This item applies if, before the transition time, the Integrity Commissioner:
(a) completed a public inquiry; but
(b) had not yet prepared a report on the inquiry under subsection 73(1) of the old Act.
(2) The National Anti - Corruption Commissioner must prepare the report as if the old Act had not been repealed.
40 Transitional--annual reports for financial year ended before transition time
(1) This item applies if:
(a) the transition time occurs after the end of a financial year; and
(b) the annual report referred to in section 201 of the old Act had not been prepared for the financial year before the transition time.
(2) The National Anti - Corruption Commissioner must, as soon as reasonably practicable, prepare the annual report in accordance with the old Act as if the old Act had not been repealed.
(3) The Parliamentary Joint Committee on the National Anti - Corruption Commission may:
(a) examine the report; and
(b) report to the Parliament on any matter appearing in, or arising out of, the report.
41 Transitional--annual reports for financial year in which transition time occurs
(1) This item applies:
(a) if the transition time occurs during a financial year; and
(b) in relation to the matters that would have been covered by the annual report referred to in section 201 of the old Act for the part of the financial year before the transition time if the old Act had not been repealed.
(2) The first annual report prepared by the National Anti - Corruption Commissioner under section 271 of the new Act must cover those matters.
42 Transitional--special reports not completed
(1) This item applies if, before the transition time, the Integrity Commissioner had started preparing a special report under section 204 of the old Act, but had not completed the report.
(2) The National Anti - Corruption Commissioner may complete the report in accordance with the old Act as if the old Act had not been repealed.
(3) If the National Anti - Corruption Commissioner completes the report, the Parliamentary Joint Committee on the National Anti - Corruption Commission may:
(a) examine the report; and
(b) report to the Parliament on any matter appearing in, or arising out of, the report.
43 Transitional--special reports not tabled
(1) This item applies if, before the transition time, the Integrity Commissioner had given the Minister a special report under section 204 of the old Act, but the Minister had not laid the report before each House of the Parliament.
(2) The old Act continues to apply, in relation to the report as if the old Act had not been repealed.
44 Transitional--current ACLEI staff
(1) This item applies to a person who, immediately before the transition time, was engaged as a staff member of ACLEI under section 197 of the old Act.
(2) The person is taken, after the transition time, to be engaged as a member of the staff of the NACC under subsection 262(1) of the new Act on the same terms and conditions.
(3) The repeal of the old Act does not affect the continuity of employment of the person.
45 Transitional--consultants to ACLEI
(1) This item applies to a person who, immediately before the transition time, was engaged as a consultant to ACLEI under section 198 of the old Act.
(2) The person is taken, after the transition time, to be engaged as a consultant to the NACC under section 263 of the new Act on the same terms and conditions.
46 Transitional--secondees to ACLEI
(1) This item applies to a person whose services were, immediately before the transition time, made available to the Integrity Commissioner under section 199 of the old Act.
(2) The person is taken, after the transition time, to be a person whose services are made available to the NACC under section 264 of the new Act on the same terms and conditions.
47 Transitional--counsel assisting Integrity Commissioner
(1) This item applies to a person who, immediately before the transition time, was appointed as counsel assisting the Integrity Commissioner under section 200 of the old Act.
(2) The person is taken, after the transition time, to be appointed as counsel assisting the National Anti - Corruption Commissioner under section 265 of the new Act on the same terms and conditions.
48 Transitional--authorised officers of ACLEI
(1) This item applies to a person for whom an authorisation was in effect under section 140 of the old Act immediately before the transition time.
(2) The person is taken, after the transition time, to be a person appointed as an authorised officer under section 267 of the new Act.
(3) An identity card issued to the person under section 141 of the old Act is taken, after the transition time, to be an identity card issued to the person under section 268 of the new Act.
Part 10 -- Miscellaneous transitional provisions
49 Transitional--pending proceedings
(1) This item applies to any proceedings:
(a) that were pending in any court or tribunal immediately before the transition time; and
(b) to which the Integrity Commissioner was a party.
(2) The National Anti - Corruption Commissioner is, after the transition time, substituted for the Integrity Commissioner as a party to the proceedings.
50 Transitional--judicial review
(1) This item applies if, immediately before the transition time, a person was entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the old Act.
(2) Despite the repeal of the old Act, the person may, after the transition time and subject to the Administrative Decisions (Judicial Review) Act 1977 , apply for an order of review in respect of that matter.
51 Transitional--transfer of records
(1) This item applies to any records or documents that were in the possession of the following immediately before the transition time:
(a) the Integrity Commissioner;
(b) an Assistant Integrity Commissioner;
(c) the Australian Commission for Law Enforcement Integrity.
(2) The records and documents are to be transferred to the National Anti - Corruption Commissioner after the transition time.
52 Transitional--confidential information provided under old Act
(1) This item applies to any confidential information provided to the following, under the old Act, before the transition time:
(a) the Integrity Commissioner;
(b) a staff member of the ACLEI;
(c) if the information was provided to a special investigator for the purposes of Division 4 of Part 12 of the old Act--the special investigator.
(2) The information is taken, immediately after the transition time, to have been provided to the National Anti - Corruption Commissioner under the new Act.
53 Transitional--references to the Integrity Commissioner etc. in instruments
(1) This item applies to an instrument if:
(a) the instrument was in force immediately before the transition time; and
(b) the instrument contains a reference to:
(i) the Integrity Commissioner; or
(ii) an Assistant Integrity Commissioner; or
(iii) the Australian Commission for Law Enforcement Integrity.
(2) The instrument has effect, after the transition time, as if:
(a) a reference in the instrument to the Integrity Commissioner were a reference to the National Anti - Corruption Commissioner; and
(b) a reference in the instrument to an Assistant Integrity Commissioner were a reference to a National Anti - Corruption Deputy Commissioner; and
(c) a reference in the instrument to the Australian Commission for Law Enforcement Integrity were a reference to the National Anti - Corruption Commission.
(3) The rules may provide that subitem (2) does not apply in relation to a specified instrument.
(4) This item does not prevent the instrument from being amended or repealed after the transition time.
Part 11 -- Transitional application of certain provisions in new Act
54 Application--protection for journalists' informants
Section 31 of the new Act applies in relation to information given by an informant whether the information is given before, on or after the commencement of that section.
55 Application--mandatory referrals
(1) This item applies if, in the 28 day period beginning on the day the transition time occurs:
(a) a person becomes aware of a corruption issue; and
(b) the person would, but for this item, be required to refer the corruption issue to the National Anti - Corruption Commissioner or the IGIS under Division 2 of Part 5 of the new Act.
(2) The person is not required to refer the corruption issue to the National Anti - Corruption Commissioner or the IGIS (as the case may be) until as soon as is reasonably practicable after the end of the period.
56 Application--appointment of first CEO
Subsection 254(2) of the new Act does not apply in relation to the first appointment made under subsection 254(1) of the new Act.
Note: The effect of this item is that the National Anti - Corruption Commissioner is not required to approve the appointment of the first CEO.
57 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of the new Act.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund;
(e) directly amend the text of this Act or the new Act.
(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).