CRIME AND CORRUPTION ACT 2001

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

CRIME AND CORRUPTION ACT 2001

- As at 31 December 2024
- Act 69 of 2001

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement
3. Act binds all persons

PART 2 - PURPOSE

4. Act’s purposes
5. How Act’s purposes are to be achieved

PART 3 - OVERVIEW

6. Purpose of pt 3
7. Crime and Corruption Commission
8. Crime Reference Committee
9. Parliamentary Crime and Corruption Committee
10. Parliamentary Crime and Corruption Commissioner
11. Public Interest Monitor

PART 4 - INTERPRETATION

Division 1 - Definitions

12. Definitions

Division 2 - Corrupt conduct

13. Purpose of div 2
14. Definitions for div 2
15. Meaning of corrupt conduct
16. Conduct happening over time, or at any time, may be corrupt conduct
17. Conduct outside Queensland may be corrupt conduct
18. Conspiracy or attempt to engage in conduct may be corrupt conduct
19. Corrupt conduct not affected by time limitations

Division 3 - Units of public administration

20. Meaning of unit of public administration
21. Holding appointment in unit of public administration

Division 4 - References to major crime and corruption

22. References to major crime or corruption include suspected major crime or suspected corruption

Division 5 - Terrorist acts

22A. Meaning of terrorist act

CHAPTER 2 - COMMISSION FUNCTIONS, INVESTIGATIONS AND REPORTING

PART 1 - PREVENTION

23. Commission’s prevention function
24. How commission performs its prevention function

PART 2 - CRIME

Division 1 - Crime functions

25. Commission’s crime function
26. How commission performs its crime function

Division 2 - Referrals by reference committee

26A. Definitions for div 2
27. Referrals to commission
28. Matters about which the reference committee must be satisfied before making a referral
29. Reference committee may give commission directions about investigations
29A. Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral
30. Amendment of referral to investigate
30A. Review and lapse of general referrals
31. Referrals to police service

Division 3 - Dealing with major crime

32. Police task forces and other operational agreements

PART 3 - CORRUPTION

Division 1 - Corruption functions

33. Commission’s corruption functions
34. Principles for performing corruption functions
35. How commission performs its corruption functions
35A. Chief executive officer may issue direction about commission’s corruption function about complaints
35B. Publication of information about how commission performs its corruption function about complaints

Division 2 - How to make a complaint

36. Complaining about corruption

Division 3 - Duty to notify

37. Duty to notify commission of police misconduct
38. Duty to notify commission of corrupt conduct
39. Duty to notify is paramount
40. Commission may issue directions about notifications
40A. Record of alleged corrupt conduct not notified

Division 4 - Dealing with complaints and other matters

Subdivision 1 - Commissioner of police

41. Responsibility of commissioner of police
42. Dealing with complaints—commissioner of police

Subdivision 2 - Other units of public administration

43. Responsibility of public officials, other than the commissioner of police
44. Dealing with complaints—public officials other than the commissioner of police

Subdivision 3 - Commission

45. Responsibility of commission
46. Dealing with complaints—commission
46A. Dealing with matters mentioned in s 33(2)
47. Commission’s monitoring role for police misconduct
48. Commission’s monitoring role for corrupt conduct

Subdivision 4 - Miscellaneous provision

48A. Policy about how complaints involving public official are to be dealt with

Division 5 - Action following investigation

49. Reports about complaints dealt with by the commission
50. Commission may prosecute corrupt conduct
51. Other action for corruption

PART 4 - RESEARCH, INTELLIGENCE AND OTHER FUNCTIONS

Division 1 - Research

52. Research functions

Division 2 - Intelligence

53. Intelligence functions
54. Database of intelligence information
55. Access to intelligence information held by police service

Division 2A - Specific intelligence operations

55A. Authorising specific intelligence operation
55B. Matters reference committee must consider
55C. Reference committee may give commission directions

Division 2B - Immediate responses to threats to public safety

55D. Authorising immediate response
55E. Matters reference committee must consider
55F. Reference committee may give commission directions

Division 3 - Other functions

56. Commission’s other functions

PART 5 - PERFORMANCE OF FUNCTIONS

57. Commission to act independently etc.
58. Independence of holders of judicial office
59. Commission to cooperate with other entities
60. Use and disclosure of information, document or thing
61. Commission’s functions not to limit proper performance of similar functions by other entities
62. (Repealed)

PART 6 - REPORTING

Division 1 - Application

63. Application of pt 6

Division 2 - Commission reports

64. Commission’s reports—general
65. Commission reports—court procedures

Division 3 - Confidential information

66. Maintaining confidentiality of information
67. Register of confidential information
68. Giving of reasons

Division 4 - Tabling requirements

69. Commission reports to be tabled

Division 5 - General

70. Giving material to tribunal inquiring into judge’s misbehaviour or incapacity
71. Giving other information to parliamentary committee
71A. Report containing adverse comment

CHAPTER 3 - POWERS

PART 1 - PARTICULAR POWERS TO REQUIRE INFORMATION OR ATTENDANCE

Division 1 - Particular powers in relation to units of public administration

Subdivision 1 - Crime investigations and specific intelligence operations (crime)

72. Power to require information or documents

Subdivision 2 - Corruption investigations

73. Power to enter etc.

Division 2 - Notice to produce or discover

Subdivision 1 - Crime investigations, specific intelligence operations (crime) and witness protection function

74. Notice to produce for crime investigation, specific intelligence operation (crime) or witness protection function

Subdivision 1A - Confiscation related investigations

74A. Notice to produce for confiscation related investigation

Subdivision 2 - Corruption investigations and specific intelligence operations (corruption)

75. Notice to discover information

Division 2A - Further power to require production of documents or things at hearing

75A. Application of div 2A
75B. Power to require immediate production

Division 3 - Procedure on claim of privilege

Subdivision 1 - Crime investigations and specific intelligence operations (crime)

76. Application of sdiv 1
77. Commission officer to consider claim
78. Procedure for documents subject to claim of privilege

Subdivision 1A - Confiscation related investigations

78A. Application of sdiv 1A
78B. Commission officer to consider claim of privilege
78C. Procedure for documents subject to claim of privilege

Subdivision 2 - Corruption investigations and specific intelligence operations (corruption)

79. Application of sdiv 2
80. Commission officer to consider claim of privilege
81. Procedure for documents subject to claim of privilege

Division 4 - Notice to attend

82. Notice to attend hearing—general
83. Notice to attend hearing—prisoner, patient or forensic disability client

Division 5 - Confidential documents

84. Notice may be a confidential document

Division 6 - Restriction on power

85. Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge

Division 7 - Giving notices

85AA. Giving notices by email

PART 2 - SEARCH WARRANTS GENERALLY

85A. Definitions for part
86. Search warrant applications
87. Issue of search warrant
88. Order in search warrants about documents
88A. Order in search warrant about device information from digital device
88B. Order after digital device has been seized
88C. Compliance with order about device information from digital device
89. Search warrant may be a confidential document
90. When search warrant ends
91. What search warrant must state
92. Powers under search warrants
93. Copy of search warrant to be given to occupier
94. Limitation on search warrant powers for corruption investigations

PART 3 - SEARCH OF PLACE TO PREVENT LOSS OF EVIDENCE

95. Application of part
96. Search to prevent loss of evidence
97. Post-search approval
98. Making of post-search approval order
99. Appeal

PART 4 - SEARCHING PERSONS

Division 1 - General provisions

100. General provisions about searches of persons
100A. Gender safeguard for searches of persons
101. Taking a person to another place for search
102. Limitation on period of detention for search
103. Dealing with persons who obstruct search of person

Division 2 - Searches involving removal of clothing

104. Application of division
105. Removal of clothing for search
106. Protecting the dignity of persons during search
107. Special requirements for searching children and persons with impaired capacity
108. If video cameras monitor place where person is searched

PART 5 - SEIZING PROPERTY

109. Definitions for pt 5
110. General power to seize evidence—crime investigation
110A. General power to seize evidence—confiscation related investigation
111. General power to seize evidence—corruption investigation
112. Receipt for seized property
113. Application for order in relation to seized things
114. Orders magistrate may make in relation to seized thing
115. Disposal of seized things at end of proceeding
116. Right to inspect seized documents
117. Return of seized things
118. Application by owner etc. for return of things
119. Application by commission officer for order if ownership dispute

PART 5A - MONITORING AND SUSPENSION ORDERS

Division 1 - Interpretation and application

119A. Meaning of financial institution
119B. Application of pt 5A

Division 2 - Monitoring orders

119C. Monitoring order applications
119D. Making of monitoring order
119E. What monitoring order must state
119F. When period stated in monitoring order starts
119G. Offence to contravene monitoring order
119H. Existence and operation of monitoring order not to be disclosed

Division 3 - Suspension orders

119I. Suspension order application
119J. Making of suspension order
119K. What suspension order must state
119L. When period stated in suspension order starts
119M. Contravention of suspension order
119N. Existence and operation of suspension order not to be disclosed

PART 6 - SURVEILLANCE DEVICES

Division 1 - Non-application of Public Records Act 2023

120. Public Records Act 2023 does not apply to divs 2–3

Division 2 - Use of surveillance devices under warrant of Supreme Court judge

121. Surveillance warrant applications
122. Who may be present at consideration of application for surveillance warrant
123. Consideration of application for surveillance warrant
124. Issue of surveillance warrant
125. What surveillance warrant must state
126. Report on use of surveillance devices
127. Duration and extension of surveillance warrants
128. Power under surveillance warrants

Division 3 - Other provisions about surveillance devices

129. Restriction about records and access to surveillance warrant applications etc.
130. Disclosure of information obtained using surveillance warrant
131. Destruction of records

Division 4 - (Repealed)

PART 6A - CONTROLLED OPERATIONS AND CONTROLLED ACTIVITIES FOR CORRUPTION OFFENCES

Division 1 - Preliminary

132. Object of pt 6A
133. Investigation of minor matters not affected
134. Lawfulness of particular actions
135. Controlled operations and activities generally

Division 2 - Controlled operations committee

136. Declaration of controlled operations committee
137. Committee’s functions
138. Provisions applying to committee and committee’s annual report

Division 3 - Approval of controlled operations

139. Application for approval
140. Application must be referred to committee
141. Particular controlled operations
142. Procedure in urgent circumstances other than if s 141 applies
143. Consideration and approval of application
144. What approval must state
145. Effect of approval

Division 4 - Variation of approval for controlled operation

146. Application to vary approval
146A. Application must be referred to committee
146B. Particular controlled operations
146C. Procedure in urgent circumstances other than if s 146B applies
146D. When approval may be given
146E. How approval may be varied

Division 5 - (Repealed)

Division 6 - Authorising controlled activities

146I. Authorised controlled activities

Division 7 - Miscellaneous

146J. Disclosure of information
146K. Protection from liability
146L. Admissibility of evidence obtained through controlled operation
146M. Evidentiary provision
146N. Powers not to be delegated

PART 6B - ASSUMED IDENTITIES

Division 1 - Preliminary

146O. Purpose of pt 6B
146P. How purpose is achieved
146Q. Definitions for pt 6B
146R. Public Records Act 2023 does not apply to divs 2–7

Division 2 - Authorities for assumed identities

146S. Application for authority to acquire or use assumed identity
146T. Deciding application
146U. Form of authority
146V. Period of authority
146W. Variation or cancellation of authority
146X. Review of authority

Division 3 - Evidence of assumed identities

Subdivision 1 - Creation of birth certificates for assumed identities

146Y. Approval for creation of birth certificate for assumed identity
146Z. Giving effect to birth certificate approval
146ZA. Destruction of birth certificate created under s 146Z

Subdivision 2 - Other provisions about evidence of assumed identities

146ZB. Request for evidence of assumed identity
146ZC. Government issuing agency to comply with request
146ZD. Non-government issuing agency may comply with request
146ZE. Cancelling evidence of assumed identity

Subdivision 3 - Protections and indemnities

146ZF. Protection from criminal responsibility—officer of issuing agency
146ZG. Indemnity for issuing agency and officers in relation to creation of birth certificates
146ZH. Indemnity for issuing agency and officers in relation to other evidence of assumed identities
146ZI. Protection from criminal responsibility for particular ancillary conduct

Division 4 - Effect of authorities

146ZJ. Assumed identity may be acquired and used
146ZK. Protection from criminal responsibility—authorised person
146ZL. Indemnity for authorised person
146ZM. Particular qualifications
146ZN. Effect of being unaware of variation or cancellation of authority

Division 5 - Misuse of assumed identity and information

146ZO. Misuse of assumed identity
146ZP. Disclosing information about assumed identity

Division 6 - Reporting and record keeping

146ZQ. Report about authorities for assumed identities etc.
146ZR. Record keeping
146ZS. Audit of records

Division 7 - Delegation

146ZT. Delegation generally
146ZU. Delegation—chairperson

PART 7 - COVERT SEARCHES FOR CRIME INVESTIGATIONS

147. Application of pt 7
148. Covert search warrant applications
149. Who may be present at consideration of application
150. Consideration of application
151. Issue of covert search warrant
152. What covert search warrant must state
153. Duration and extension of covert search warrant
154. Restriction about records and access to covert search warrant applications
155. Powers under covert search warrant
156. Report on covert search

PART 8 - ADDITIONAL POWERS WITH COURT’S APPROVAL

157. Application of pt 8
158. Additional powers warrant applications
159. Who may be present at consideration of application
160. Consideration of application
161. Issue of additional powers warrant
162. What additional powers warrant must state
163. Duration and extension of additional powers warrant
164. Restriction about records and access to additional powers warrant applications
165. Powers under additional powers warrant

PART 9 - WARRANTS REGISTER

166. Register of warrants, warrant applications etc.

PART 10 - ARREST WARRANTS

167. Arrest warrant application
168. Issue of arrest warrant
169. What arrest warrant authorises
170. Provision for overnight detention
171. Person’s liability for noncompliance with attendance notice unaffected by issue of arrest warrant

PART 11 - GENERAL

172. Commission officer may use assistance in exercising particular powers
173. Protection for assistants from liability
174. Commission’s powers generally
175. Supplying officer’s details

CHAPTER 4 - HEARINGS AND DECIDING CLAIMS OF PRIVILEGE AND EXCUSE

PART 1 - PROCEEDINGS

176. Commission may hold hearings
177. Whether hearings are to be open or closed
178. Who must conduct hearings
179. Who may be present at closed hearings
180. Conduct of hearings
181. Legal representation and examination
182. Right to interpreter
182A. Use of audiovisual link or audio link for remote attendance

PART 2 - REFUSALS AND CLAIMS OF PRIVILEGE AND REASONABLE EXCUSE

Division 1 - Refusal to be sworn

183. Refusal to take oath

Division 2 - Refusal to produce

Subdivision 1 - Crime investigations and intelligence and witness protection functions

184. Application of sdiv 1
185. Refusal to produce—claim of reasonable excuse
186. Return of sealed documents or things for decision on claim of privilege at hearing

Subdivision 2 - Corruption investigations

187. Application of sdiv 2
188. Refusal to produce—claim of reasonable excuse

Division 3 - Refusal to answer

Subdivision 1 - Crime investigations and intelligence and witness protection functions

189. Application of sdiv 1
190. Refusal to answer question

Subdivision 2 - Corruption investigations

191. Application of sdiv 2
192. Refusal to answer question

Division 4 - Deciding claims

Subdivision 1 - Crime investigations and intelligence and witness protection functions

193. Application of sdiv 1
194. Presiding officer to decide whether refusal to answer questions or produce documents or things is justified
195. Appeals to Supreme Court

Subdivision 1A - Confiscation related investigations

195A. Application of sdiv 1A
195B. Supreme Court to decide claim of privilege

Subdivision 2 - Corruption investigations

196. Supreme Court to decide claim of privilege

Division 5 - Restrictions on use

197. Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion

PART 3 - CONTEMPT

198. Contempt of person conducting commission hearing
198A. Person in contempt may be detained
199. Punishment of contempt
200. Conduct that is contempt and offence

PART 4 - GENERAL

200A. Confidentiality of particular proceedings
201. Commission must give evidence to defence unless court certifies otherwise
202. Publication of names, evidence etc.
203. Protection of members, legal representatives and witnesses
204. Allowances for witness
205. Legal assistance

CHAPTER 5 - OFFENCES AND DISCIPLINARY PROCEEDINGS RELATING TO CORRUPTION ETC.

PART 1 - OFFENCES

206. Application of Criminal Code
207. Pretending to be a commission officer
208. Abuse of office in commission
209. Bribery of commission officer
210. Obstruction or delay of commission procedures
211. Injury or detriment to witness
212. Offence of victimisation
213. Secrecy
214. Unauthorised publication of commission reports
215. Resisting exercise of powers
216. Frivolous complaint
216A. Other improper complaints
217. False or misleading statements
218. False or misleading documents
219. Proceedings for an offence

PART 2 - DISCIPLINARY PROCEEDINGS RELATING TO CORRUPTION ETC.—PARTICULAR PRESCRIBED PERSONS

Division 1 - Preliminary

219A. Purposes of disciplinary proceedings
219B. Definitions for pt 2
219BA. Meaning of reviewable decision

Division 2 - QCAT’s jurisdiction

219C. Jurisdiction
219D. Jurisdiction relating to allegations of corrupt conduct against prescribed persons is exclusive
219DA. QCAT hearing in relation to prescribed person whose employment or appointment has ended
219E. Relationship with Industrial Relations Act 2016

Division 3 - Proceedings

219F. Proceedings relating to corrupt conduct
219FA. Proceedings relating to particular reviewable decisions about former officers
219G. Proceedings relating to other reviewable decisions
219H. Conduct of proceedings relating to reviewable decisions

Division 4 - QCAT’s powers

219I. Powers for corrupt conduct
219IA. QCAT powers for prescribed persons whose employment or appointment ends
219J. Additional power for particular reviewable decisions
219JA. Requirement to return particular matters to commissioner of police
219K. QCAT may refer matter for investigation
219L. QCAT’s power to suspend orders

Division 5 - Appeals

219M. Appeal from QCAT exercising original jurisdiction

PART 3 - REVIEW OF PARTICULAR POLICE DISCIPLINARY DECISIONS

219N. Definitions for part
219O. Reviewable decisions
219P. Applications for review
219Q. QCAT to decide review on evidence before decision maker
219R. Parties to review
219S. Additional power for substituted decisions
219T. Requirement to return particular matters to commissioner of police
219U. QCAT may refer matter for investigation

CHAPTER 6 - ADMINISTRATION

PART 1 - CRIME AND CORRUPTION COMMISSION

Division 1 - Establishment of Crime and Corruption Commission

220. Establishment
221. Commission has common seal etc.
221A. Commission is a statutory body
221B. Commission not public sector entity
221C. Commission to comply with obligations relating to equity, diversity, respect and inclusion
221D. Application of provisions of Public Sector Act 2022
222. Excluded matter for Corporations Act

Division 2 - Commissioners and chief executive officer

Subdivision 1AA - Preliminary

222A. Meaning of officer for div 2

Subdivision 1 - Membership and appointment

223. Membership of the commission
223A. Chief executive officer
224. Qualifications for appointment—chairperson and deputy chairperson
225. Qualifications for appointment—chief executive officer and ordinary commissioners
226. Disqualification as commissioner or chief executive officer
227. Advertising for appointment
228. Prior consultation and bipartisan support for appointments
229. Appointment of officers
230. (Repealed)

Subdivision 2 - Other provisions about appointment

231. Duration of appointment
232. Terms of appointment
233. Preservation of rights
234. Leave of absence
235. Resignation
236. Termination of appointment
237. Acting appointments
237A. (Repealed)
238. Disclosure of interests

Subdivision 3 - Chairperson’s pension entitlements

238A. Definitions for sdiv 3
238B. Judges pension scheme applies to chairperson
238C. Period for which person holds office as chairperson
238D. Pension at end of appointment generally
238E. Pension if appointment ends because of ill health
238F. When chairperson’s pension becomes payable
238G. Pension of spouse and children on death of chairperson
238H. What happens if former chairperson is removed from office as a judge
238I. What happens if former chairperson’s appointment is terminated under s 236(3)
238J. Former chairperson entitled to other pension
238K. Provision about agreements and court orders under Family Law Act 1975 (Cwlth)

Division 2A - Sessional commissioners

239. Appointment of sessional commissioners
240. Qualification for appointment as a sessional commissioner
241. Disqualification as a sessional commissioner
242. Terms of appointment
243. Resignation
244. (Repealed)

Division 3 - Senior officers

Subdivision 1 - Appointment

245. Senior officers
246. Disqualification as a senior officer

Subdivision 2 - Other provisions about appointment

247. Duration of appointment
247A. Notice to parliamentary committee
248. Basis of employment for senior officers
249. Preservation of rights
250. (Repealed)

Division 4 - Roles of commission, chairperson and chief executive officer

251. Role of commission
252. Role of chairperson
253. Role of chief executive officer

Division 5 - Commission staff and agents

254. Commission staff
255. Secondment of officers
256. Engagement of agents
257. Commission officers
258. Superannuation schemes

Division 6 - Performance accountability

259. Budget and performance
260. Performance

Division 6A - Funding proposals

260A. Definitions for division
260B. Application of division
260C. Requirement for, and approval of, funding proposal
260D. Tabling requirement
260E. Relevant portfolio committee may obtain advice or information
260F. Confidential information not required to be given

Division 7 - Meetings and other business of commission

261. Conduct of business
262. Chief executive officer or senior executive officer may attend meetings
263. Times and places of meetings
264. Quorum
265. Presiding at meetings
266. Conduct of meetings
267. Disclosure of interests
268. Minutes

Division 8 - Delegations and authorised commission officers

269. Delegation—commission
270. Delegation—chairperson
271. Delegation—chief executive officer and senior executive officer
272. Authorised commission officer
273. Commission officer’s identity card

Division 9 - Disciplinary action for senior officers and commission staff and agents etc.

Subdivision 1 - Preliminary

273A. Definitions for div 9
273AA. References to relevant employees

Subdivision 2 - Grounds and disciplinary action generally

273B. Grounds for discipline
273C. Disciplinary action that may be taken against a relevant commission officer generally

Subdivision 3 - Disciplinary action against a relevant commission officer who was a relevant employee

273CA. Application of subdivision
273CB. Action previous chief executive may take
273CC. Action chief executive officer may take

Subdivision 4 - Disciplinary action against a former relevant commission officer

273D. Disciplinary action that may be taken against a former relevant commission officer

Subdivision 5 - Information about disciplinary action

273DA. Information about disciplinary action to be given by chief executive officer
273DB. Information about disciplinary action to be given to chief executive officer

Subdivision 6 - Other provisions about disciplinary action

273E. Suspension of relevant commission officer liable to disciplinary action
273F. Procedure for disciplinary action

Division 10 - Other provisions about senior officers and commission staff and agents

273G. Requirement to disclose previous history of serious disciplinary action
273H. Relevant prosecuting authority to notify chief executive officer of prosecution proceeding

PART 2 - CRIME REFERENCE COMMITTEE

Division 1 - Establishment of Crime Reference Committee

274. Establishment

Division 2 - Functions and support

275. Functions of reference committee
276. Commission to give committee administrative support

Division 3 - Oversighting role

277. Reference committee may obtain information from commission

Division 4 - Provisions about membership

278. Membership of reference committee
279. Deputy committee member
279A. Delegation of functions of committee chairperson
280. Duration of appointment of appointed member
281. Terms of appointment of appointed member
282. Resignation of appointed member
283. Termination of appointment of appointed member

Division 5 - Meetings and other business

284. Conduct of meetings and other business
285. Times and places of meetings
286. Quorum
287. Presiding at meetings
288. Conduct of meetings
289. Disclosure of interests
290. Minutes

PART 3 - PARLIAMENTARY CRIME AND CORRUPTION COMMITTEE

Division 1 - Establishment of parliamentary committee

291. Establishment of parliamentary committee

Division 2 - Functions

292. Functions

Division 3 - Powers

293. Powers
294. Directions by parliamentary committee to undertake investigation
295. Referral of concerns by parliamentary committee
296. Guidelines on operation of commission
297. Guidelines to be tabled
298. Disallowance of guideline
299. Limited saving of operation of guideline that ceases to have effect

Division 4 - Membership

300. Membership of parliamentary committee
301. Membership of parliamentary committee continues despite dissolution

Division 5 - Meetings

302. Quorum and voting at meetings of parliamentary committee
302A. Meetings of parliamentary committee generally to be held in public

PART 4 - PARLIAMENTARY CRIME AND CORRUPTION COMMISSIONER

Division 1 - Establishment of office of parliamentary commissioner

303. Office of parliamentary crime and corruption commissioner

Division 2 - Provisions about appointment

304. Qualification for appointment as parliamentary commissioner
305. Disqualifications as parliamentary commissioner
306. Selection for appointment of parliamentary commissioner
307. Appointment of parliamentary commissioner
308. Acting parliamentary commissioner
309. Duration of parliamentary commissioner’s appointment
310. Terms of parliamentary commissioner’s appointment
311. Resignation
312. Termination of appointment
313. Oath of parliamentary commissioner

Division 3 - Functions and support

314. Functions of parliamentary commissioner
314A. Recommendation or referral arising from investigation conducted on parliamentary commissioner’s own initiative
314B. Report on investigation conducted on parliamentary commissioner’s own initiative
315. Administrative and support services for parliamentary commissioner
316. Parliamentary commissioner can not be required to disclose particular information

Division 4 - Powers

317. Powers of the parliamentary commissioner
318. Parliamentary commissioner may conduct hearings in limited circumstances
319. Notice may be a confidential document
320. Intelligence data review

Division 5 - General

321. Confidentiality obligations not to apply
322. Commission not entitled to privilege
323. Parliamentary commissioner’s report subject to Parliamentary privilege
323A. Use of report on investigation conducted by parliamentary committee or parliamentary commissioner

PART 5 - PUBLIC INTEREST MONITOR

Division 1 - Appointment of public interest monitor

324. Public interest monitor
325. Acting monitor

Division 2 - Functions

326. Monitor’s functions
327. Minister’s guidelines

Division 3 - General

328. Monitor’s annual report

CHAPTER 7 - GENERAL

329. Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct
330. Persons subject to criminal history check
331. Effect of pending proceedings
332. Judicial review of commission’s activities in relation to corrupt conduct
333. Effect of further factors on order
334. Application under s 332
335. Protection of officials and others from liability
336. Protection of parliamentary commissioner and officers etc.
337. Protection from liability
338. Protection of witnesses etc.
339. Record of execution of warrant
340. Evidentiary aids
341. Personnel changes do not affect commission’s power to make findings or report
342. Inspection and use of material in commission’s possession
343. Information disclosure and privilege
344. Injunctions
345. Authority to administer oaths
346. Commissions of Inquiry Act 1950 prevails over this Act
346A. Protection of particular documents
346B. Declarations etc. relating to inquiry public records
346C. Possession of and dealing with data and records of CJC inquiry
347. Review of Act and commission’s operational and financial performance
347A. Corporations legislation displacement
348. Regulation-making power
348A. (Repealed)

CHAPTER 8 - REPEALS AND TRANSITIONAL, DECLARATORY, AND SAVINGS PROVISIONS

PART 1 - REPEAL PROVISIONS

349. Repeals

PART 2 - CRIME AND MISCONDUCT ACT 2001

350. Definitions for pt 2
351. References to repealed Acts and former titles
352. Assets, rights and liabilities
353. Proceedings
354. Continuation of complaints
355. Continuation of references
356. Offences
357. Chairperson of the criminal justice commission
358. Commissioners of the criminal justice commission
359. Crime commissioner
360. Management committee
361. Parliamentary committee
362. Parliamentary commissioner
363. Employees
364. Right of return to public service
365. Contract employees
366. Accrued entitlements
367. Public interest monitor
368. Special provisions for transitional office holders
369. Provision for selection processes started before the commencement
370. Provision for selection processes for roles of chairperson and assistant commissioners
371. Warrants
372. Notices
373. Action taken by parliamentary commissioner
374. (Repealed)
375. Data and records of commission of inquiry
375A. Orders made by criminal justice commission or Queensland crime commission
375B. Confidential material under the Crime Commission Act

PART 3 - CROSS-BORDER LAW ENFORCEMENT LEGISLATION AMENDMENT ACT 2005

376. Definitions for pt 3
377. Transitional provisions for pre-commencement day referrals to committee
378. Transitional provisions for controlled operations
379. Transitional provision for pre-commencement day recommendations
380. Transitional provision for covert operatives
381. Transitional provisions for authorities for birth certificates
382. Identity documents other than birth certificates

PART 4 - CRIME AND MISCONDUCT AND OTHER LEGISLATION AMENDMENT ACT 2006

383. Declaration about repeal of Cross-Border Law Enforcement Legislation Amendment Act 2005, s 73(3)

PART 5 - JUSTICE LEGISLATION AMENDMENT ACT 2008

384. Declaration about local governments and joint local governments

PART 6 - CRIMINAL CODE AND JURY AND ANOTHER ACT AMENDMENT ACT 2008

385. Declaration

PART 7 - CRIME AND MISCONDUCT AMENDMENT ACT 2009

386. Validation of referrals
387. Declaration
388. Preservation of limitations and amendments
389. Validation of crime investigations
390. Validation of use of information or evidence obtained by crime investigations conducted under referrals
391. Review and lapsing of general referrals

PART 8 - CRIMINAL CODE AND OTHER LEGISLATION (MISCONDUCT, BREACHES OF DISCIPLINE AND PUBLIC SECTOR ETHICS) AMENDMENT ACT 2009

392. Transitional provision for prescribed person

PART 9 - DIRECTORS’ LIABILITY REFORM AMENDMENT ACT 2013

393. Provision relating to s 346A
394. Provision relating to s 375

PART 10 - CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AND OTHER LEGISLATION AMENDMENT ACT 2013

395. Use of privileged answers, documents, things or statements in proceedings under Confiscation Act

PART 11 - CRIME AND MISCONDUCT AND OTHER LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

396. Definitions for pt 11

Division 2 - Continuing particular appointments until the commencement day

397. Acting chairperson
398. Part-time commissioners and acting part-time commissioners
399. Declaration for continued appointments

Division 3 - General

400. References to Crime and Misconduct Act 2001 and particular terms
401. References to former titles

Division 4 - Commissioners from commencement day

Subdivision 1 - Existing appointments

402. Acting chairperson
403. Part-time commissioners
404. Acting part-time commissioners

Subdivision 2 - New appointments

405. Provision for selection processes for roles of commissioners

Subdivision 3 - Other provisions about former commissioners

406. Hearing, investigation or operation being conducted by former commissioner
407. Things done by or in relation to former commissioner

Division 5 - Assistant commissioners

408. Assistant commissioners continue as senior executive officers
409. Acting assistant commissioners
410. Hearing, investigation or operation being conducted by assistant commissioner
411. Things done by or in relation to assistant commissioner (crime)
412. Things done by or in relation to assistant commissioner (misconduct)

Division 6 - Functions of parliamentary commissioner

413. Investigations on parliamentary commissioner’s own initiative
414. Hearings conducted by parliamentary commissioner
415. Use of report of investigation conducted by parliamentary commissioner

Division 7 - Other provisions

416. Existing complaints
417. Initial research plan
418. Investigation of holders of judicial officers
419. Notifying parliamentary committee of improper conduct
420. Disciplinary action
421. Declaration about s 385
422. Application of Public Interest Disclosure Act 2010

PART 12 - ELECTORAL AND OTHER LEGISLATION AMENDMENT ACT 2015

423. Chairman’s pension entitlements

PART 13 - CRIME AND CORRUPTION AMENDMENT ACT 2016

424. Chief executive officer
425. Acting appointments
426. References to chair titles

PART 14 - SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016

Division 1 - General

427. Authorisation by chairperson of immediate response function
428. Refusal to comply with notice to produce for fear of reprisal
429. Refusal to comply with attendance notice for fear of reprisal
430. Refusal to comply with requirement to produce stated document or thing for fear of reprisal
431. Refusal to answer question for fear of reprisal
432. Punishment for contempt
433. Commission must give evidence to defence

Division 2 - Proceedings for offences and contempts relating to fear of reprisal

434. Definitions for division
435. Application of division
436. Application to Supreme Court
437. Hearing—offence
438. Hearing—contempt
439. Appeals
440. No cause of action

PART 15 - CRIME AND CORRUPTION AND OTHER LEGISLATION AMENDMENT ACT 2018

Division 1 - Amendments commencing on assent

441. Corruption functions
442. Reports to prosecuting authorities
443. QCAT orders about corrupt conduct
444. Period for starting proceedings relating to reviewable decisions
445. Disciplinary action against a relevant commission officer who was a relevant employee
446. Sharing disciplinary information
447. Notification of prosecution proceedings by relevant prosecuting authorities
448. Liability of officials and others

Division 2 - Amendments commencing by proclamation

449. Existing complaints about corrupt conduct
450. Existing disciplinary proceedings about corrupt conduct

PART 16 - POLICE SERVICE ADMINISTRATION (DISCIPLINE REFORM) AND OTHER LEGISLATION AMENDMENT ACT 2019

451. Definition for part
452. Saving of previous ch 5, pt 2
452A. Application of ch 5, pt 2—particular reviewable decisions relating to former officers
453. Ending of particular suspensions under previous s 219L

PART 17 - POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2020

454. Definitions for part
455. Particular applications or orders made before commencement
456. Declaratory provision about effect of amending Act

PART 18 - INTEGRITY AND OTHER LEGISLATION AMENDMENT ACT 2024

457. Matters relating to funding

PART 19 - EMBLEMS OF QUEENSLAND AND OTHER LEGISLATION AMENDMENT ACT 2023

458. Validation of quorum and voting at particular meetings of parliamentary committee

PART 20 - CRIME AND CORRUPTION AND OTHER LEGISLATION AMENDMENT ACT 2024

462. Attendance at commission hearings under s 182A
468. Application of s 257 to particular commission officers
469. Application of former s 374 to particular applications for access to data and records of CJC inquiry
SCHEDULE 1
SCHEDULE 2

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback