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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION REGULATIONS 2023 (SR NO 3 OF 2023) - SCHEDULE 1

Schedule 1—Forms

FORM 1

Regulation 33(1)

Independent Broad-based Anti-corruption Commission Act 2011

CONFIDENTIALITY NOTICE FOR AN INVESTIGATION

To: [ insert name of person subject to confidentiality notice ]

Address: [ insert address details ]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this confidentiality notice?

This confidentiality notice is issued under section 42(1) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:

[ Describe the investigation to which the confidentiality notice relates. ]

[ Specify the restricted matter or matters including how the restricted matter relates to the recipient. ]

Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed " When are you authorised to disclose information? ".

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.

2. Why have you been given this notice?

You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission (IBAC) considers that your disclosure of any of the restricted matters described above would be likely to prejudice:

*     •     an investigation being conducted by the IBAC; or

*     •     the safety or reputation of a person; or

*     •     the fair trial of a person who has been, or may be, charged with an offence.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?" , then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.

Restricted matter:

[ Specify restricted matter or matters ]

You can disclose this restricted matter:
* to your spouse or domestic partner.
* to your employer or your manager or both.
* to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.
* for the purpose of an application to the Fair Work Commission, including any related proceeding.

The IBAC has directed that you cannot disclose this restricted matter:
* to your spouse or domestic partner.
* to your employer or your manager.
* to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to a trade union.
* to an employee assistance program.
* to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.

* for the purpose of an application to the Fair Work Commission, including any related proceeding.


[ Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above. ]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

    •     for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;

    •     for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 ;

    •     to Victoria Police, if:

    •     the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

    •     the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

    •     if the IBAC directs you or authorises you to disclose a restricted matter;

    •     if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011 ;

    •     if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

    •     to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

    •     to a parent, guardian or independent person if you are under the age of 18 years;

    •     to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

    •     to a legal practitioner for the purposes of obtaining legal advice or representation in relation to this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:

              •             the Independent Broad‑based Anti-corruption Commission Act 2011 ;

              •             the Public Interest Disclosures Act 2012 ;

              •             the Ombudsman Act 1973 ;

              •             the Victorian Inspectorate Act 2011 ;

              •             Part 10 of the Victoria Police Act 2013 ;

              •         the Fair Work Act 2009 of the Commonwealth;

              •         the Judicial Commission of Victoria Act 2016 ;

              •         Part IIIA of the Constitution Act 1975 ;

              •         the Local Government Act 1989 ;

              •         the Local Government Act 2020 ;

              •         the Racing Act 1958 ;

              •         the Freedom of Information Act 1982 ;

        unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;

    •         if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

    •     for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975 ;

    •     if the restricted matter disclosed is information that has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;

    •     if the restricted matter disclosed is information that has been     published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:

              •             Victoria Police;

              •         the Victorian Ombudsman;

              •         the Victorian Inspectorate;

              •         the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

              •         the Racing Integrity Commissioner;

              •         the Information Commissioner;

              •         the Chief Municipal Inspector;

              •     the Office of the Special Investigator;

    •     to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.

Your obligations if you make a permitted disclosure

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

4. When does this confidentiality notice expire or otherwise cease to have effect?

This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:

    •     the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;

    •     the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;

    •     the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;

    •     unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;

    •     if the date on which this confidentiality notice expires or otherwise ceases to have effect is extended by the Supreme Court, the date on which the period of extension expires.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.

[ attach a copy of section 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions ]

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

*Delete if not applicable.

FORM 2

Regulation 33(2)

Independent Broad-based Anti-corruption Commission Act 2011

CONFIDENTIALITY NOTICE FOR A PRELIMINARY INQUIRY

To: [ insert name of person subject to confidentiality notice ]

Address: [ insert address details ]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this confidentiality notice?

This confidentiality notice is issued under section 42(1A) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:

[ Describe the preliminary inquiry to which the confidentiality notice relates. ]

[ Specify the restricted matter or matters including how the restricted matter relates to the recipient. ]

Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed " When are you authorised to disclose information? ".

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.

2. Why have you been given this notice?

You have been given this confidentiality notice because you have been issued with a witness summons in relation to an Independent Broad-based Anti‑corruption Commission (IBAC) preliminary inquiry and the IBAC considers that your disclosure of any of the restricted matters described above would be likely to prejudice the IBAC preliminary inquiry.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?" , then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.

Restricted matter:

[ Specify restricted matter or matters ]

You can disclose this restricted matter:
* to your spouse or domestic partner.
* to your employer or your manager or both.
* to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.
* for the purpose of an application to the Fair Work Commission, including any related proceeding.

The IBAC has directed that you cannot disclose this restricted matter:
* to your spouse or domestic partner.



* to your employer or your manager.
* to a registered health practitioner or a prescribed service providing crisis support, suicide prevention and mental health and wellbeing services for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.
* to a trade union.
* to an employee assistance program.
* to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.

* for the purpose of an application to the Fair Work Commission, including any related proceeding.

[ Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above. ]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances:

    •     for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;

    •     for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 ;

    •     to Victoria Police, if:

    •     the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

    •     the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

    •     if the IBAC directs you or authorises you to disclose a restricted matter;

    •     if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011 ;

    •     if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

    •     to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

    •     to a parent, guardian or independent person if you are under the age of 18 years;

    •     to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;

    •     to a legal practitioner for the purposes of obtaining legal representation or legal advice about this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:

              •             the Independent Broad‑based Anti-corruption Commission Act 2011 ;

              •             the Public Interest Disclosures Act 2012 ;

              •             the Ombudsman Act 1973 ;

              •             the Victorian Inspectorate Act 2011 ;

              •             Part 10 of the Victoria Police Act 2013 ;

              •         the Fair Work Act 2009 of the Commonwealth;

              •         the Judicial Commission of Victoria Act 2016 ;

              •         Part IIIA of the Constitution Act 1975 ;

              •         the Local Government Act 1989 ;

              •         the Local Government Act 2020 ;

              •         the Racing Act 1958 ;

              •         the Freedom of Information Act 1982 ;

        unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;

    •         if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

    •     for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975 ;

    •             if the restricted matter disclosed is information which has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;

    •     if the restricted matter disclosed is information which has been     published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:

              •             Victoria Police;

              •         the Victorian Ombudsman;

              •         the Victorian Inspectorate;

              •         the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

              •         the Racing Integrity Commissioner;

              •         the Information Commissioner;

              •         the Chief Municipal Inspector;

              •         the Office of the Special Investigator;

    •     to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.

Your obligations if you make a permitted disclosure

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

4. When does this confidentiality notice expire or otherwise cease to have effect?

This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:

              •     the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;

              •     the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;

              •     the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.

[ attach a copy of section 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions ]

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

*Delete if not applicable.

FORM 3

Regulation 34

Independent Broad-based Anti-corruption Commission Act 2011

WITNESS SUMMONS FOR PRELIMINARY INQUIRY

To: [ insert name of person to whom witness summons is directed ]

Address: [ insert address details ]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

    *     You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

The Independent Broad-based Anti-corruption Commission requires you under section 59E of the Independent Broad-based Anti-corruption Commission Act 2011 to attend to produce documents or other things for the purposes of a preliminary inquiry.

When and where must you attend?

You must attend at [ insert address ] or via an audio visual link or audio link provided by the Independent Broad-based Anti-corruption Commission *immediately/*on [ insert date ] at [ insert time ] *a.m./*p.m. and from day to day unless excused or released from further attendance.

What are you required to do?

You will be required to produce to the Independent Broad-based Anti‑corruption Commission the following documents or things that are in your possession or control:

[ specify documents or things, and, if attendance is to be by means of audio visual link or audio link, how they are to be produced ].

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

[ attach statement outlining specified matters with respect to the witness summons and copy of any relevant confidentiality notice ]

*Delete if not applicable.

FORM 4

Regulation 35

Independent Broad-based Anti-corruption Commission Act 2011

AUTHORISATION OF AUTHORISED OFFICER TO APPLY FOR A SEARCH WARRANT

In accordance with section 91 of the Independent Broad-based Anti‑corruption Commission Act 2011 , I, [ insert name ], being

    *     the Commissioner of the Independent Broad-based Anti-corruption Commission

    *     a delegate of the Commissioner under section 32(5) of the Independent Broad-based Anti-corruption Commission Act 2011

authorise [ insert authorised officer's name and title ] to apply for a search warrant in relation to

    *     the particular premises

    *     a particular vehicle located in a public place

    *     a particular vessel located in a public place

    *     a particular aircraft located in a public place

named in the application.

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

*Delete if not applicable.

FORM 5

Regulation 36

Independent Broad-based Anti-corruption Commission Act 2011

SEARCH WARRANT

Court Ref:

[ Description of document or thing ]

This search warrant is authorised by section 91 of the Independent Broad‑based Anti-corruption Commission Act 2011 .

The premises, vehicle, vessel or aircraft that is authorised to be searched is:

    *     [ Number and name of street and suburb of place to be searched ]

    *     [ Identifying details of vehicle/vessel/aircraft ]

Purpose for search: [ insert information on purpose for search ]

This search warrant authorises:

        [ Name, Rank/Title, Agency and Address ]

to enter and search the:

    *     specified premises

    *     specified vehicle located in a public place named or described in this warrant

    *     specified vessel located in a public place named or described in this warrant

    *     specified aircraft located in a public place named or described in this warrant

    •     to inspect any document or thing; and

    •     to make a copy of any document relevant to the investigation; and

    •     to take possession of any document or other thing relevant to the investigation.

*     This search warrant is subject to the following conditions:

[ insert details of conditions ]

Entry is authorised under this search warrant *at any time/*between [ insert times between which entry is authorised ].

This search warrant ceases to have effect on [ insert date, not later than 28 days after the issue of the search warrant ].

Issued at [ insert time ] *a.m./*p.m. on [ insert date ] by [ insert name ],
*Judge of the Supreme Court of Victoria/*Magistrate.

[ signature of * Judge/*Magistrate ]

*Delete if not applicable.

FORM 6

Regulation 37

Independent Broad-based Anti-corruption Commission Act 2011

RECEIPT FOR SEIZED DOCUMENTS AND THINGS

This receipt is for the purposes of section 93 of the Independent Broad‑based Anti-corruption Commission Act 2011 .

Premises: [ insert address details ]

Name(s) of person(s) taking possession of a document or thing: [ insert name/s ]

Date: [ insert date ]




Item No.




Time seized




Description of item




Location of item when seized

Initials of person(s) taking possession of item


























Taken from: [ insert name of occupier from whom documents and things were taken ]

By: [ signature ]

[ name ]

[ title ]

FORM 7

Regulation 38

Independent Broad-based Anti-corruption Commission Act 2011

WITNESS SUMMONS FOR INVESTIGATION

To: [ insert name of person to whom witness summons is directed ]

Address: [ insert address details ]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

    *     You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

In accordance with section 120 of the Independent Broad-based Anti‑corruption Commission Act 2011 , the Independent Broad‑based Anti‑corruption Commission (IBAC) requires you to attend an examination.

When is the examination?

You must attend at [ insert address ] or via an audio visual link or audio link provided by the Independent Broad-based Anti-corruption Commission *immediately/*on [ insert date ] at [ insert time ] *a.m./*p.m. and from day to day unless excused or released from further attendance.

What will the examination cover?

You will be required:

    *     to give evidence before the IBAC *in relation to [ state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest ];

    *     to produce to the IBAC the following documents or things that are in your possession or control:

[ specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced ];

    *     to give evidence before the IBAC *in relation to [ state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest ] and to produce for examination by the IBAC the following documents or things that are in your possession or control:

[ specify documents or things and, if attendance is to be by means of audio visual link or audio link, how they are to be produced ]

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

[ attach statement outlining specified matters with respect to the witness summons and a copy of any relevant confidentiality notice ]

*Delete if not applicable.

FORM 8

Regulation 39

Independent Broad-based Anti-corruption Commission Act 2011

DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY

TO: [ insert name of person in charge of place where witness is held in custody ]

AT: [ insert name and address of place where person is held in custody ]

In accordance with section 126 of the Independent Broad-based Anti‑corruption Commission Act 2011 (the Act), I direct that [ name of person in custody ] born on [ insert date of birth of person held in custody ] who is detained at [ insert name of place where person is held in custody ] be delivered into the custody of [ insert name of person to whom the person in custody is to be delivered ] to be brought before the Independent Broad-based Anti-corruption Commission

AT: [ insert address to which person in custody is to be brought ]

ON: [ insert date on which person in custody is to be brought ]

AT: [ insert time when person in custody is to be brought ]

to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 3 of the Act and directed to the person who is the subject of this direction.

Note :     If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the Independent Broad-based Anti-corruption Commission.

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

*Delete if not applicable.

FORM 9

Regulation 40

Independent Broad-based Anti-corruption Commission Act 2011

NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE OR THE APPLICATION OF A SECRECY REQUIREMENT

To: [ insert name of person who has made claim for privilege ]

Address: [ insert address details ]

You are notified that the Independent Broad-based Anti-corruption Commission has applied to the Supreme Court under *section 59M/*section 100/*section 147 of the Independent Broad-based Anti-corruption Commission Act 2011 for a determination of your claim of:

    *     privilege

    *     the application of a secrecy requirement

with respect to [ insert details of the claim of privilege or the application of a secrecy requirement being made ].

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

*Delete if not applicable.

FORM 10

Regulation 41

Independent Broad-based Anti-corruption Commission Act 2011

ARREST WARRANT

TO: [ insert name of member of police force, or all members of the police force ]

Under section 153 of the Independent Broad-based Anti-corruption Commission Act 2011 , the Independent Broad‑based Anti-corruption Commission has issued a certificate of charge, charging [ name ] of [ address ] with contempt of the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011 .

You are authorised to:

    •     arrest [ name ] of [ address ]; and

    •     bring the person before the Supreme Court without delay to be dealt with according to law; and

    •     detain the person in police custody in the meantime.

[ signature ]

[ name ]

[ title ]

Date: [ insert date ]

FORM 11

Regulation 42

Independent Broad-based Anti-corruption Commission Act 2011

STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY

This statement is issued in accordance with section 155 of the Independent Broad-based Anti-corruption Commission Act 2011 .

You have been arrested for contempt of the Independent Broad-based Anti‑corruption Commission.

Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail.

If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained.

If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable.

The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977 . The person in charge of the place where you are being detained must abide by that order.

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