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This is a Bill, not an Act. For current law, see the Acts databases.
Independent Commission Against
Corruption Amendment Bill 2011
No , 2011
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 to make
further provision with respect to the powers of the Independent Commission Against
Corruption, the Commissioner for the Commission and the Inspector of the
Commission; and for other purposes.
Clause 1 Independent Commission Against Corruption Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption 3
Amendment Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption Amendment Bill 2011
Amendment of Independent Commission Against Corruption Act 1988 No Schedule 1
35
Schedule 1 Amendment of Independent 1
Commission Against Corruption Act 2
1988 No 35 3
[1] Section 14 Other functions of Commission 4
Omit section 14 (1) (a). Insert instead: 5
(a) to gather and assemble, during or after the discontinuance 6
or completion of its investigations, evidence that may be 7
admissible in the prosecution of a person for a criminal 8
offence against a law of the State in connection with 9
corrupt conduct and to furnish such evidence to the 10
Director of Public Prosecutions, 11
[2] Section 14 (1) (b) 12
Insert ", during or after the discontinuance or completion of its investigations," 13
after "furnish". 14
[3] Section 35 Power to summon witnesses and take evidence 15
Insert "(the required appearance)" after "named in the summons" in 16
section 35 (1). 17
[4] Section 35 (4) 18
Omit "attend" and "attendance" wherever occurring. 19
Insert "appear" and "appearance", respectively. 20
[5] Section 35 (4A) 21
Insert after section 35 (4): 22
(4A) The Commissioner may, by notice in writing, excuse a person 23
who has been summoned to appear before the Commission and 24
produce documents or other things from the required appearance 25
on condition that the person (or a person acting on the person's 26
behalf) produces those documents or things in accordance with 27
any directions given by the Commissioner before the time of the 28
the required appearance. 29
[6] Section 35 (5) 30
Omit "so excused or released". 31
Insert instead "excused or released under subsection (4) or (4A)". 32
Page 3
Independent Commission Against Corruption Amendment Bill 2011
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No
35
[7] Section 35 (5A) 1
Insert after section 35 (5): 2
(5A) A person who, after being excused under subsection (4A) from 3
the required appearance, fails to produce the documents or things 4
concerned in accordance with the Commissioner's directions is 5
taken to have failed to appear before the Commission in 6
obedience to the summons. 7
[8] Section 37 Privilege as regards answers, documents etc 8
Insert "or in accordance with a direction given by the Commissioner under 9
section 35 (4A)" after "Commission" wherever occurring in section 37 (3) and 10
(5) (a). 11
[9] Section 57B Principal functions of Inspector 12
Insert after section 57B (4): 13
(5) Without affecting the power of the Inspector to make a report 14
under Part 8, the Inspector may, at any time: 15
(a) make a recommendation or report concerning any matter 16
relating to the functions of the Inspector under this section 17
that the Inspector considers may effectively be dealt with 18
by recommendation or report under this section, and 19
(b) provide the report or recommendation (or any relevant part 20
of it) to the Commission, an officer of the Commission, a 21
person who made a complaint or any other affected person. 22
[10] Section 57F Incidental powers 23
Insert at the end of the section: 24
(2) Section 40 of the Surveillance Devices Act 2007 does not apply 25
to the use, publication or communication of protected 26
information within the meaning of that Act in relation to the 27
exercise of the Inspector's functions under section 57B. 28
[11] Section 77A Special reports 29
Insert at the end of the section: 30
, and 31
(c) any other matter relating to the exercise of a function to 32
audit, deal with or assess any matter under section 57B that 33
the Inspector considers warrants the making, in the public 34
interest, of a special report. 35
Page 4
Independent Commission Against Corruption Amendment Bill 2011
Amendment of Independent Commission Against Corruption Act 1988 No Schedule 1
35
[12] Section 104 Appointment of staff 1
Insert after section 104 (11): 2
(11A) Without limiting subsection (11), Part 6 of Chapter 2 of the 3
Industrial Relations Act 1996 does not apply to or in respect of 4
the dismissal (within the meaning of that Part) of any person from 5
any position as a member of the staff of the Commission. 6
[13] Schedule 4 Savings, transitional and other provisions 7
Insert at the end of clause 1 (1): 8
Independent Commission Against Corruption Amendment Act 9
2011 10
[14] Schedule 4, Part 11 11
Insert after Part 10: 12
Part 11 Provisions consequent on enactment of 13
Independent Commission Against 14
Corruption Amendment Act 2011 15
30 Definition 16
In this Part: 17
amending Act means the Independent Commission Against 18
Corruption Amendment Act 2011. 19
31 Use etc of protected information under Surveillance Devices Act 20
2007 for audit of Commission operations by Inspector 21
The amendment made to section 57F by the amending Act 22
extends to the use, publication or communication before the 23
commencement of the amendment of protected information 24
within the meaning of the Surveillance Devices Act 2007 in 25
relation to the exercise of the Inspector's functions under 26
section 57B. 27
Page 5
Independent Commission Against Corruption Amendment Bill 2011
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No
35
32 Saving of pending application for unfair dismissal 1
Section 104 (11A) as inserted by the amending Act does not 2
apply to or in respect of an application made under Part 6 of 3
Chapter 2 of the Industrial Relations Act 1996 before the 4
commencement of the amending Act. 5
Page 6
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