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