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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Independent Commissioner Against Corruption
(Miscellaneous) Amendment Bill 2016
A BILL FOR
An Act to amend the
Independent
Commissioner Against Corruption Act 2012
; and to make related amendments to the
Criminal
Law Consolidation Act 1935
, the
Judicial
Conduct Commissioner Act 2015
and the
Ombudsman
Act 1972
.
Contents
Part 2—Amendment of Independent
Commissioner Against Corruption Act 2012
4Amendment of section 3—Primary
objects
5Amendment of section
4—Interpretation
6Amendment of section 5—Corruption,
misconduct and maladministration
7Amendment of section
7—Functions
8Amendment of section 17—Functions and
objectives
9Amendment of section
24—Action that may be taken
10Amendment of section
31—Enter and search powers under warrant
11Amendment of section 36—Prosecutions and
disciplinary action
12Amendment of section 36A—Exercise of
powers of inquiry agency
14Amendment of section 38—Referral to
public authority
15Amendment of section
42—Reports
16Amendment of section 44—Public authority
to assist with compliance by public officers
17Amendment of section 45—Commissioner's
annual report
19Amendment of section 48—Commissioner's
website
21Amendment of section 56A—Use of evidence
or information obtained under Act
22Amendment of section
59—Evidence
23Insertion of Schedules 3 and 4
Schedule 3—Search warrants and
privilege
2Privilege claims in relation to
search warrants
3Application to Supreme Court to
determine privilege
4Determination of privilege
claims
Schedule 1—Related amendments and
transitional provisions
Part 1—Amendment of Criminal Law
Consolidation Act 1935
1Amendment of section
237—Definitions
Part 2—Amendment of Judicial
Conduct Commissioner Act 2015
Part 3—Amendment of Ombudsman
Act 1972
14BReferral of
matter by OPI or ICAC
Part 4—Transitional
provisions
4Exercise of powers of inquiry
agency
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Independent Commissioner Against Corruption
(Miscellaneous) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Independent Commissioner Against Corruption
Act 2012
4—Amendment
of section 3—Primary objects
Section 3(2)—delete subsection (2) and substitute:
(2) Whilst any potential issue of corruption, misconduct or
maladministration in public administration may be the subject of a complaint or
report under this Act and may be assessed and referred to a relevant body in
accordance with this Act, it is intended—
(a) that the primary
object of the Commissioner be to investigate corruption in public
administration; and
(b) that matters raising potential issues of misconduct or
maladministration in public administration will be referred to an inquiry agency
or to the public authority concerned (unless the circumstances set out in
section 7(1)(cb) or (cc) apply).
5—Amendment
of section 4—Interpretation
(1) Section 4, definition of inquiry agency,
(c)—delete paragraph (c)
(2) Section 4, definition of law enforcement agency,
(h)—delete "Misconduct" and substitute:
Corruption
(3) Section 4—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) For the purposes of this Act, misconduct or maladministration in
public administration will be taken to be serious or systemic if
the misconduct or maladministration—
(a) is of such a significant nature that it would undermine public
confidence in the relevant public authority, or in public administration
generally; and
(b) has significant implications for the relevant public authority or for
public administration generally (rather than just for the individual public
officer concerned).
6—Amendment
of section 5—Corruption, misconduct and
maladministration
(1) Section 5(1)—after paragraph (b) insert:
(ba) an offence against the
Lobbyists
Act 2015
, or an attempt to commit such an offence; or
(2) Section 5—after subsection (5) insert:
(6) A reference in subsection (3) to a code of conduct does not include
any statement of principles applicable in relation to the conduct of members of
Parliament.
7—Amendment
of section 7—Functions
Section 7(1)(c)—delete paragraph (c) and substitute:
(c) to refer complaints and reports to inquiry agencies, public
authorities and public officers and to give directions or guidance to public
authorities in dealing with misconduct and maladministration in public
administration, as the Commissioner considers appropriate;
(ca) to identify serious or systemic misconduct or maladministration in
public administration;
(cb) to exercise the powers of an inquiry agency in dealing with serious
or systemic maladministration in public administration if satisfied that it is
in the public interest to do so;
(cc) to exercise the powers of an inquiry agency in dealing with serious
or systemic misconduct in public administration if the Commissioner is satisfied
that the matter must be dealt with in connection with a matter the subject of an
investigation of a kind referred to in paragraph (a)(i) or a matter being dealt
with in accordance with paragraph (cb);
8—Amendment
of section 17—Functions and objectives
Section 17(c)—delete paragraph (c) and substitute:
(c) to refer complaints and reports to inquiry agencies, public
authorities and public officers in circumstances approved by the Commissioner or
make recommendations to the Commissioner in relation to complaints and
reports;
(ca) to give directions or guidance to public authorities in circumstances
approved by the Commissioner;
9—Amendment
of section 24—Action that may be taken
(1) Section 24(2)(a)—delete "and, if the Commissioner considers it
appropriate, the Commissioner may give directions or guidance to the agency in
respect of the matter"
(2) Section 24(2)(ab) and (b)—delete paragraphs (ab) and (b) and
substitute:
(b) in the case of a matter raising potential issues of serious or
systemic maladministration in public administration—the Commissioner may
exercise the powers of an inquiry agency in dealing with the matter if satisfied
that it is in the public interest to do so;
(c) in the case of a matter raising potential issues of serious or
systemic misconduct in public administration—the Commissioner may exercise
the powers of an inquiry agency in dealing with the matter if the Commissioner
is satisfied that the matter must be dealt with in connection with a matter the
subject of an investigation of a kind referred to in subsection (1)(a) or a
matter being dealt with in accordance with paragraph (b);
(d) the matter may be referred to a public authority and directions or
guidance may be given to the authority in respect of the matter.
10—Amendment
of section 31—Enter and search powers under warrant
(1) Section 31(1)—after "investigator" second occurring
insert:
or a police officer
(2) Section 31(2)—delete subsection (2) and substitute:
(2) A judge of the Supreme Court may, on application by an investigator,
issue a warrant authorising an investigator or a police officer to enter and
search any place or vehicle.
(3) Section 31(7)—after "investigator" first occurring
insert:
or a police officer
(4) Section 31(7)(c)(iv)—after "investigator" insert:
or police officer
(5) Section 31(7)(c)(v)—after "investigator" first occurring
insert:
or police officer
(6) Section 31(7)(c)(vi)—after "investigator" first and third
occurring insert:
or police officer
(7) Section 31(8), (9) and (10)—after "investigator" wherever
occurring insert:
or police officer
(8) Section 31(14)—delete subsection (14) and substitute:
(14) The provisions set out in Schedule 3 apply in relation to a warrant
under this section.
11—Amendment
of section 36—Prosecutions and disciplinary action
(1) Section 36(1)—after "investigation" second occurring
insert:
(whether relating to a potential issue of corruption in public
administration or of misconduct or maladministration in public
administration)
(2) Section 36(2)—after "public authority" insert:
any evidence or
12—Amendment
of section 36A—Exercise of powers of inquiry agency
(1) Section 36A(1)—after "deciding" insert:
(in accordance with section 24(2)(b) or (c))
(2) Section 36A(2)—after "decides" insert:
(in accordance with section 24(2)(b) or (c))
Section 37—delete the section and substitute:
37—Referral to inquiry agency
The Commissioner must, before referring a matter raising a potential issue
of misconduct or maladministration in public administration to an inquiry
agency, take reasonable steps to obtain the views of the agency as to the
referral.
14—Amendment
of section 38—Referral to public authority
(1) Section 38(1), (2) and (5)—after "Commissioner" wherever
occurring insert:
or the Office
(2) Section 38(3) and (4)—delete "The Commissioner may not" wherever
occurring and substitute in each case:
Neither the Commissioner nor the Office may
(3) Section 38(6) and (7)—delete subsections (6) and (7) and
substitute:
(6) The Commissioner may at any time—
(a) revoke a referral to a public authority; or
(b) revoke or vary directions or guidance given to a public authority or
give further directions or guidance,
as the Commissioner sees fit.
(7) If the Office has given directions or guidance to a public authority,
the Office may revoke or vary the directions or guidance or give further
directions or guidance.
(7a) If—
(a) a referral of a matter by the Commissioner or the Office under this
section included a requirement that the public authority submit a report or
reports on action taken in respect of the matter; and
(b) the Commissioner is not satisfied that a public authority has duly and
properly taken action in relation to the matter,
the Commissioner must inform the authority of the grounds of the
Commissioner's dissatisfaction and give the authority an opportunity to comment
within a specified time.
15—Amendment
of section 42—Reports
(1) Section 42(1)(b)—delete paragraph (b) and substitute:
(b) findings or recommendations resulting from completed investigations by
the Commissioner in respect of matters raising potential issues of corruption,
misconduct or maladministration in public administration; or
(c) other matters arising in the course of the performance of the
Commissioner's functions that the Commissioner considers to be in the public
interest to disclose,
but not—
(d) identifying, or about, a particular matter raising potential issues of
corruption in public administration that is, or has been, subject to assessment,
investigation or referral under this Act; or
(e) identifying any person involved in a particular matter raising
potential issues of misconduct or maladministration in public administration
that is, or has been, subject to assessment, investigation or referral under
this Act unless the person consents to being so identified.
(2) Section 42(2)—delete subsection (2) and substitute:
(2) A copy of the report must be provided—
(a) in the case of a report of a kind referred to in subsection
(1)(b)—to the public authority responsible for any public officer to whom
the report relates and to the Minister responsible for that public authority;
and
(b) in any case—to the Attorney-General, the President of the
Legislative Council and the Speaker of the House of Assembly.
16—Amendment
of section 44—Public authority to assist with compliance by public
officers
(1) Section 44(1)—delete "of the Commissioner, the Deputy
Commissioner, an examiner or an investigator" and substitute:
issued
(2) Section 44(2)—delete "at the direction, or as reasonably
required by a direction, of the Commissioner, the Deputy Commissioner, an
examiner or an investigator" and substitute:
in accordance with a direction, or as reasonably required by a direction,
issued
17—Amendment
of section 45—Commissioner's annual report
Section 45(2)(b)(ix)—delete "by the Commissioner in referring
matters" and substitute:
in referring matters under this Act
Section 46—delete the section and substitute:
46—Reviews
Reviews must be conducted in accordance with Schedule 4.
19—Amendment
of section 48—Commissioner's website
Section 48(h)—delete "reviews under section 46" and
substitute:
annual reviews laid before Parliament in accordance with Schedule
4
Section 54—delete the section and substitute:
54—Confidentiality
(1) Except as required
or authorised by this Act or by the Commissioner, a person who is or has been
engaged in the administration of this Act must not, directly or indirectly,
disclose information in relation to or connected with a matter that forms or is
the subject of a complaint, report, assessment, investigation, referral or
evaluation under this Act.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) Despite
subsection (1)
, a person engaged in the administration of this Act may disclose
information—
(a) for the purposes of the administration or enforcement of this Act;
or
(b) for the purposes of referring a matter in accordance with this Act to
a law enforcement agency, inquiry agency, public authority or public officer;
or
(c) for the purposes of a criminal proceeding or a proceeding for the
imposition of a penalty; or
(d) for the performance of the functions of the Office or the Commissioner
under another Act; or
(e) as otherwise required or authorised by this or another Act.
(3) A person who receives information knowing that the information is
connected with a matter that forms or is the subject of a complaint, report,
assessment, investigation, referral or evaluation under this Act must not
disclose that information unless—
(a) the person is authorised in writing by the Commissioner or by a person
approved by the Commissioner under this section to give an authorisation;
or
(b) the disclosure of that information is for the purpose
of—
(i) dealing with a matter referred under this Act by the Commissioner or
the Office; or
(ii) a criminal proceeding, a proceeding for the imposition of a penalty
or disciplinary action; or
(iii) a person obtaining legal advice or legal representation or for the
purposes of determining whether a person is entitled to an indemnity for legal
costs; or
(iv) a person obtaining medical or psychological assistance from a medical
practitioner or psychologist.
Maximum penalty: $2 500 or imprisonment for 6 months.
21—Amendment
of section 56A—Use of evidence or information obtained under
Act
Section 56A(1)—delete subsection (1) and substitute:
(1) Subject to this Act
(but despite any other Act or law) evidence or information obtained (whether
before or after the commencement of this section) by the lawful exercise of
powers under this Act—
(a) may be used for the purposes of any other investigation under this
Act; and
(b) may be provided to, and may be received and used by—
(i) law enforcement agencies and prosecution authorities for the purposes
of any criminal investigation or proceedings or proceedings for the imposition
of a penalty; and
(ii) public authorities for the purposes of any disciplinary investigation
or action,
whether the investigation, proceedings or action relate to, or arise from,
the same matter as the investigation under this Act or a different matter;
and
(c) is not inadmissible in proceedings before a court merely because the
evidence or information was obtained by the exercise of powers under this Act
and not for the purposes of those proceedings.
(1a) For the purposes of
subsection (1)
, evidence or information will be taken to be obtained by a lawful exercise
of powers under this Act notwithstanding a jurisdictional error in the exercise
of those powers.
22—Amendment
of section 59—Evidence
Section 59—after its present contents (now to be designated as
subsection (1)) insert:
(2) In proceedings, a certificate apparently executed by the Commissioner
certifying that during a period specified in the certificate the Commissioner
suspected that an offence may have been directly or indirectly connected with,
or a part of, a course of activity involving the commission of corruption in
public administration for the purposes of section 5(2) constitutes proof, in the
absence of proof to the contrary, of the matters so certified.
23—Insertion
of Schedules 3 and 4
After Schedule 2 insert:
Schedule 3—Search warrants and
privilege
1—Interpretation
In this Schedule—
claimant—see
clause 2(1)(b)
;
searcher—see
clause 2(1)(a)
.
2—Privilege claims in relation to search
warrants
(a) a person executing
a warrant (the searcher) wishes to inspect, copy or seize a
document or other thing under the warrant; and
(b) a person who is
entitled to claim the privilege (the claimant) claims that the
document or other thing is the subject of privilege.
(2) The searcher must
consider the claim of privilege and either—
(a) cease exercising the power under the warrant in relation to the
document or other thing over which the claim of privilege is made; or
(b) require the
claimant to immediately seal the document or other thing in an envelope, or
otherwise secure it if it cannot be sealed in an envelope, and give it to the
searcher.
(3) The searcher must not inspect the document or other thing in
considering the claim of privilege.
(4) If the searcher requires the claimant to give the document or other
thing to the searcher under
subclause (2)(b)
, the searcher must—
(a) notify the Commissioner as soon as is reasonably practicable;
and
(b) as soon as is reasonably practicable, give the document or other thing
to the proper officer of the Supreme Court to be held in safe custody.
(5) Subject to
clause 4
, a person must not open a sealed envelope or interfere with a document or
thing secured otherwise than in an envelope before delivery to the proper
officer of the Supreme Court.
3—Application to Supreme Court to determine
privilege
(1) Within 7 days after
a sealed envelope or document or thing secured otherwise than in an envelope is
given to the proper officer of the Supreme Court in accordance with
clause 2
, the claimant may apply to the Supreme Court to determine whether or not
the document or other thing is the subject of privilege.
(2) If no application
is made under
subclause (1)
within the period of 7 days, the proper officer must give the document or
thing to the Commissioner.
(3) The claimant must
give notice of the application to the Commissioner within a reasonable time
before the hearing of the application.
(4) Notice under
subclause (3)
must be in the prescribed form.
(5) The Commissioner is entitled to appear and be heard on the hearing of
the application.
4—Determination of privilege
claims
(1) On an application
under
clause 3
, the Supreme Court must determine whether or not the document in the
sealed envelope or the document or thing secured otherwise than in an envelope
is the subject of privilege (in whole or in part).
(2) For the purpose of
making a determination under
subclause (1)
, the Judge constituting the Supreme Court and any other person authorised
by the Court may—
(a) open the sealed envelope or access the document or thing secured
otherwise than in an envelope; and
(b) inspect the document or thing.
(3) If the Supreme Court determines that the whole of the document or
thing is the subject of privilege—
(a) the Court must order that the document or thing be returned to the
claimant; and
(b) the proper officer must return the document or thing to the
claimant.
(4) If the Supreme Court determines that the document or thing is not the
subject of privilege—
(a) the Court must order that the document or thing be given to the
Commissioner; and
(b) the proper officer must release the document or thing
accordingly.
(5) If the Supreme Court determines that a part of the document or thing
is the subject of privilege (the privileged part) and a part is
not (the non-privileged part)—
(a) if the document or
thing is able to be divided into the privileged part and the non-privileged
part—
(i) the Court must so divide the document or thing and order that the
privileged part be returned to the claimant and the non-privileged part be given
to the Commissioner; and
(ii) the proper officer must return the privileged part to the claimant
and release the non-privileged part to the Commissioner; or
(b) if
paragraph (a)
doesn't apply but the Court is of the opinion that it would be possible to
produce a copy of the document or thing from which the privileged part is able
to be redacted—
(i) the Court must make such orders as the Court thinks fit for the
production of such a copy; and
(ii) the Court must order that the copy so produced be given to the
Commissioner and that the document or thing be returned to the claimant;
and
(iii) the proper officer must—
(A) release the copy so produced to the Commissioner; and
(B) return the document or thing to the claimant; or
(c) in any other case—
(i) the Court must order that the document or thing be returned to the
claimant; and
(ii) the proper officer must return the document or thing to the
claimant.
(6) Except as provided in
subclause (2)
, a person must not open the sealed envelope or otherwise have access to
the document or thing contained in the sealed envelope before—
(a) the Supreme Court determines the claim of privilege; or
(b) the document or thing is given to the Commissioner.
Maximum penalty: $5 000 or imprisonment for 1 year.
(7) Except as provided in
subclause (2)
, a person must not open or otherwise have access to a document or thing
secured otherwise than in an envelope before—
(a) the Supreme Court determines the claim of privilege; or
(b) the document or thing is returned to the claimant.
Maximum penalty: $5 000 or imprisonment for 1 year.
Schedule 4—Reviews
1—Interpretation
In this Schedule—
Committee means the Crime and Public Integrity Policy
Committee established under the
Parliamentary
Committees Act 1991
;
employees of the Commissioner includes staff subject to an
arrangement under section 13;
employees of the Office means the employees assigned to the
Office in accordance with section 18(3);
relevant complaint means a complaint made in accordance with
any requirements prescribed by the regulations relating to an abuse of power,
impropriety or other misconduct on the part of the Commissioner or employees of
the Commissioner or of the Office;
reviewer—see
clause 2(1)
.
2—Appointment of reviewer
(1) The
Attorney-General must appoint a person (the
reviewer)—
(a) to conduct annual reviews examining the operations of the Commissioner
and the Office during each financial year; and
(b) to conduct
reviews relating to relevant complaints received by the reviewer; and
(c) to conduct other reviews at the request of the Attorney-General or the
Committee; and
(d) to perform other functions conferred on the reviewer by the
Attorney-General or by another Act.
(2) The reviewer—
(a) subject to
subclause (3)
, must be a person who would be eligible for appointment as the
Commissioner; and
(b) will be appointed under this section for a term not exceeding
3 years and on conditions determined by the Attorney-General and, at the
end of a term of appointment, will be eligible for reappointment.
(3) Despite section
8(3)(b), a person who is not appointed as a judicial officer on a permanent
basis may be appointed as the reviewer.
(4) The appointment of the reviewer may be terminated by the
Attorney-General on the ground that the reviewer—
(a) has been guilty of misconduct; or
(b) has been convicted of an offence punishable by imprisonment;
or
(c) has become bankrupt or has applied to take the benefit of a law for
the relief of insolvent debtors; or
(d) has been disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(e) has, because of mental or physical incapacity, failed to carry out
duties of the position satisfactorily; or
(f) is incompetent or has neglected the duties of the position.
(5) The appointment of the reviewer is terminated if the
reviewer—
(a) becomes a member, or a candidate for election as a member, of the
Parliament of a State or the Commonwealth or a Legislative Assembly of a
Territory of the Commonwealth; or
(b) is sentenced to imprisonment for an offence.
(6) The reviewer may resign by notice in writing to the Attorney-General
of not less than 3 months (or such shorter period as is accepted by the
Attorney-General).
(7) The reviewer is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
3—Reviews
(1) Without limiting the matters that may be the subject of a review, the
reviewer—
(a) must, in the case of an annual review, consider the following in
relation to the financial year to which the review relates:
(i) whether the powers under this Act were exercised in an appropriate
manner, including—
(A) whether there was any evidence of—
• maladministration in public administration on the part of the
Commissioner or employees of the Commissioner or of the Office; or
• unreasonable delay in the conduct of investigations under this
Act; or
• unreasonable invasions of privacy by the Commissioner or employees
of the Commissioner or of the Office; and
(B) whether undue prejudice to the reputation of any person was
caused;
(ii) whether the practices and procedures of the Commissioner and the
Office were effective and efficient;
(iii) whether the operations made an appreciable difference to the
prevention or minimisation of corruption, misconduct and maladministration in
public administration; and
(b) may examine any particular exercises of power by the Commissioner or
the Office; and
(c) may make any recommendations to the Commissioner or to the
Attorney-General that the reviewer thinks fit.
(2) The Commissioner must ensure that the reviewer is provided with such
information as the reviewer may require for the purpose of conducting a
review.
(3) On completing a
review, or at any time during a review, the reviewer may do either or both of
the following:
(a) refer a matter to the relevant law enforcement agency for further
investigation and potential prosecution;
(b) refer a matter
to the Commissioner or a public authority for further investigation and
potential disciplinary action against a public officer for whom the Commissioner
or authority is responsible.
(4) Before referring a matter under
subclause (3)
, the reviewer must notify the Commissioner of the proposed referral unless
the reviewer is of the opinion that it would be inappropriate to do so in the
circumstances of the case.
(5) The reviewer may disclose to the relevant law enforcement agency, or
to the Commissioner or public authority, information that the reviewer has in
respect of the matter.
(6) A report on a review must be presented to the
Attorney-General—
(a) in the case of an annual review examining the operations of the
Commissioner and the Office and relevant complaints received during a financial
year—on or before 30 September in the following financial year;
or
(b) in any other case—as soon as practicable after completion of the
review.
(7) The reviewer—
(a) must, in preparing a report on a review, consider the effect of the
proposed report on any complaint, report, assessment, investigation or referral
under this Act; and
(b) must not include information in a report if publication of the
information would constitute an offence against section 56.
(8) The Attorney-General must, within 12 sitting days after receipt
of a report on an annual review, cause copies of the report to be laid before
each House of Parliament.
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment of Criminal Law
Consolidation Act 1935
1—Amendment
of section 237—Definitions
Section 237, definition of public officer—delete the
definition and substitute:
public officer means a public officer specified in Schedule 1
of the
Independent
Commissioner Against Corruption Act 2012
(and public office has a corresponding meaning);
Part 2—Amendment of Judicial Conduct
Commissioner Act 2015
After section 29 insert:
29A—Other reviews
If the person appointed as the Independent Commissioner Against Corruption
is also appointed as the Commissioner under this Act, a review conducted in
accordance with Schedule 4 of that Act may relate to conduct of the person in
the administration, or purported administration, of this Act.
Part 3—Amendment of Ombudsman
Act 1972
After section 14A insert:
14B—Referral of matter by OPI or
ICAC
(1) If a matter is referred to the Ombudsman under the ICAC Act, the
matter—
(a) will be taken to relate to administrative acts for the purposes of
this Act; and
(b) must be dealt with under this Act as if a complaint had been made
under this Act and—
(i) if the matter was the subject of a complaint or report under the ICAC
Act—as if the person who made the complaint or report under that Act was
the complainant under this Act; or
(ii) if the matter was assessed under that Act after being identified by
the Commissioner acting on the Commissioner's own initiative or by the
Commissioner or the Office in the course of performing functions under any
Act—as if the Commissioner was the complainant under this Act.
(2) In this section—
Commissioner means the person holding or acting in the office
of the Independent Commissioner Against Corruption under the ICAC Act;
ICAC Act means
Independent
Commissioner Against Corruption Act 2012
;
Office means the Office for Public Integrity under the ICAC
Act.
Part 4—Transitional
provisions
4—Exercise
of powers of inquiry agency
If, immediately before the commencement of this Act, the Independent
Commissioner Against Corruption was taking action in respect of a matter raising
potential issues of misconduct or maladministration in public administration by
exercising the powers of an inquiry agency, the
Independent
Commissioner Against Corruption Act 2012
, as in force immediately before the commencement of this Act, continues to
apply in relation to the matter unless and until the Commissioner determines to
withdraw from exercising the powers of an inquiry agency in accordance with
section 36A(3) of that Act (as so in force).
Despite section 31(14) of the
Independent
Commissioner Against Corruption Act 2012
(as in force after the commencement of
section 10
of this Act), the provisions of Schedule 3 of that Act do not apply in
relation to a warrant issued before the commencement of
section 10
or any items seized pursuant to such a warrant.