Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 107

    (1)     Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use a firearm for the purposes of an investigation into possible corrupt conduct.

    (2)     The IBAC must not give an authorisation under subsection (1) unless satisfied that—

        (a)     requesting assistance from the Chief Commissioner of Police may compromise the investigation; and

        (b)     the senior IBAC Officer reasonably requires the possession, carrying and use of a firearm—

              (i)     to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and

              (ii)     to ensure the safety of the senior IBAC Officer in the performance of IBAC functions or the exercise of IBAC powers.

    (3)     For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of firearms.

    (4)     An authorisation under this section—

        (a)     must specify the type of firearm to which it relates; and

        (b)     may be subject to any conditions that the IBAC considers appropriate to impose.

    (5)     A senior IBAC Officer must not possess, carry or use a firearm in the course of an investigation into possible corrupt conduct unless authorised to do so under this section.

Penalty:     60 penalty units or imprisonment for 6 months or both.

        S. 108 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)).