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.
Independent Commission Against
Corruption Amendment (Political
Donations) Bill 2009
No , 2009
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 to
confer on the Independent Commission Against Corruption the function of
investigating and reporting on connections between political donations and decisions
of elected public officials.
Independent Commission Against Corruption Amendment (Political
Clause 1 Donations) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption 3
Amendment (Political Donations) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption Amendment (Political
Donations) Bill 2009
Amendment of Independent Commission Against Corruption Act 1988 Schedule 1
No 35
Schedule 1 Amendment of Independent 1
Commission Against Corruption Act 2
1988 No 35 3
Section 13A 4
Insert after section 13: 5
13A Function of investigating connections between political donations 6
and decisions by elected public officials 7
(1) It is a function of the Commission to investigate any connection 8
between reportable political donations and decisions made by 9
elected public officials in the course of their official functions. 10
(2) That function extends to investigations by the Commission on an 11
on-going basis, and is not limited to investigations arising out of 12
a matter reported to the Commission under this Act. 13
(3) For the purposes of this section, there is a connection between a 14
reportable political donation and a decision made by an elected 15
public official if, and only if: 16
(a) a person makes a reportable political donation to an elected 17
public official (or to the political party to which the elected 18
public official belongs), and 19
(b) the elected public official makes a decision in the course of 20
his or her official functions that benefits the person who 21
made the donation, and 22
(c) the decision was apparently made because of the donation 23
(whether because it was a benefit to which the person was 24
not reasonably entitled or for any other reason). 25
(4) A decision made by a public official who is not an elected public 26
official: 27
(a) while engaged by or acting for or on behalf of, or in the 28
place of, or as deputy or delegate of, an elected public 29
official, or 30
(b) otherwise in the course of his or her employment by or in 31
a public authority for which the elected public official is 32
responsible, 33
is to be regarded for the purposes of this section as a decision 34
made by the elected public official. 35
Page 3
Independent Commission Against Corruption Amendment (Political
Donations) Bill 2009
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988
No 35
(5) The Commission is authorised to include, in a report under 1
section 74, findings or opinions on connections between 2
reportable political donations and decisions made by elected 3
public officials. 4
(6) In this section: 5
elected public official means an elected member within the 6
meaning of the Election Funding and Disclosures Act 1981, and 7
includes a member of a group or candidate within the meaning of 8
that Act. 9
reportable political donation means a reportable political 10
donation within the meaning of Part 6 of the Election Funding 11
and Disclosures Act 1981 that is required to be disclosed under 12
that Part. 13
Page 4
[Index] [Search] [Download] [Related Items] [Help]