Corruption and Crime Commission Amendment and Repeal Act 2003 (WA)

Western Australia

Corruption and Crime Commission Amendment

and Repeal Act 2003

Western Australia

Corruption and Crime Commission Amendment

and Repeal Act 2003

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Amendments to Corruption and Crime Commission Act 2003
3.	The Act amended	4
4.	Long title replaced	4
5.	Section 3 amended	4
6.	Sections 4 and 5 inserted	11

4.	Misconduct	11
5.	Section 5 offences	12

7.	Part 1 amended	12
Division 2 — Purpose
8.	Section 7 amended	13
9.	Section 8 amended	15
10.	Section 12 amended	15
11.	Section 18 inserted	16

18.

Commission’s misconduct function

12.	Section 15 amended	19
13.	Section 16 amended	20
14.	Section 19 amended	20
15.	Section 21 inserted	20

21.

Commission’s organised crime functions

16.

Section 21A inserted

21A.

Reviewable police action

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

17.	Parts 3 to 8 inserted	21
Part 3 — Misconduct
Division 1 — Assessments and opinions

22.	Assessments and opinions	21
23.	Commission must not publish opinion as
to commission of offence	22

Division 2 — Allegations

24.	Allegations	22
25.	Any person may report misconduct	23
26.	Proposition by Commission	24
27.	Allegation about Commissioner,
Parliamentary Inspector or judicial officer
not to be received or initiated	24
27A.	Allegations involving parliamentary
privilege	25
27B.	Dealing with allegation of member’s
misconduct	27

Division 3 — Duty to notify

28.	Notification of misconduct	29
29.	Duty to notify is paramount	30
30.	Commission may issue guidelines about
notifications	31
31.	Commission may report failure to comply	31

Division 4 — Assessments, opinions and

investigation

32.	Dealing with allegations	32
33.	Decision on further action	32
34.	Matters to be considered in deciding who
should take action	32
35.	Informant to be notified of decision not to
take action	33
36.	Person investigated can be advised of the
outcome of the investigation	34
37.	Referral by Commission	34
38.	Referrals to Parliamentary Commissioner
or Auditor General	35
39.	Commission may decide to take other
action	36
40.	Commission’s monitoring role	36
41.	Commission may review dealings with
misconduct	37
42.	Commission may direct authority not to
take action	37

Division 5 — Recommendations

43.	Recommendations by Commission	38
44.	Other action for misconduct	40

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

Part 4 — Organised crime: exceptional powers and

fortification removal

Division 1 — Basis for, and control of, use of

exceptional powers

45.	Terms used in this Part	40
46.	Finding as to grounds for exercising
exceptional powers	41
47.	Scope of Divisions 2 to 5	42

Division 2 — Examination before Commission

48. Summoning witnesses to attend and

produce things on application of

Commissioner of Police

49. Examination of witnesses by

Commissioner of Police

50. Offences for which a person stands

charged

Division 3 — Entry, search and related matters

51.	Commission may limit exercise of power	43
52.	Enhanced power to enter, search, and
detain	44
53.	Enhanced power to stop, detain, and
search	45
54.	Provisions about searching a person	46
55.	Extension of power to search	48
56.	Things that have been seized	48
57.	Offences under this Division	48
58.	Report on use of powers	49
59.	Overseeing exercise of powers under this
Division	49

Division 4 — Assumed identities

60.	Approval for assumed identity	50
61.	Report about assumed identity approval	50
62.	Overseeing exercise of powers under this
Division	51

Division 5 — Controlled operations

63.	Terms used in this Division	51
64.	Authority to conduct controlled operation
and integrity testing	52
65.	Report about controlled operation or
integrity testing programme	53
66.	Overseeing exercise of powers under this
Division	54

Division 6 — Fortifications

67.	Terms used in this Division	54
68.	Issuing fortification warning notice	55
69.	Contents of fortification warning notice	56
70.	Giving fortification warning notice	57

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

71.	Withdrawal notice	58
72.	Issuing fortification removal notice	58
73.	Contents of fortification removal notice	59
74.	Giving fortification removal notice	59
75.	Enforcing fortification removal notice	60
76.	Review of fortification removal notice	61
77.	Hindering removal or modification of
fortifications	62
78.	Planning and other approval issues	62
79.	No compensation	63
80.	Protection from liability for wrongdoing	63

Division 7 — General matters

81.	Part not applicable to juveniles	64
82.	Delegation by Commissioner of Police	64
83.	Judicial supervision excluded	64

Part 5 — Reporting

Division 1 — Reports by Commission on specific

matters

84. Report to Parliament on investigation or

received matter

85. Report to Parliament on further action by

appropriate authority

86.

Contents of reports

87.

Disclosure of matters in report

88.

Special reports

89. Report to the Minister, other Ministers or a

Standing Committee

90. Reports concerning police officers and

chief executive officers

Division 2 — General reports

91.	Annual report to Parliament	69
92.	Periodical report to Parliament	71

Division 3 — General matters

93. Laying documents before House of

Parliament that is not sitting

Part 6 — Powers

Division 1 — Particular powers to require

information or attendance

94.	Power to obtain statement of information	72
95.	Power to obtain documents and other
things	74
96.	Power to summon witnesses to attend and
produce things	74
97.	Witnesses to attend while required	75
98.	Power of Commission in relation to things
produced	75

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

99. Notation on notice or summons to restrict

disclosure

Division 2 — Entry, search and related matters

100. Power to enter and search public

premises

101.

Search warrants

Division 3 — Assumed identities

102.	Terms used in this Division	81
103.	Approval for assumed identity	81
104.	What an approval authorises	82
105.	Issuing evidence of assumed identity	83
106.	Court orders as to entries in register	84
107.	Hearing of application	85
108.	Cancellation of evidence of assumed
identity	85
109.	Cancellation of approval affecting entry in
register of births, deaths and marriages	86
110.	Cancelling entries in register of births,
deaths and marriages	86
111.	Protection from liability	86
112.	Indemnity	87
113.	Particular skills or qualifications	87
114.	Identity of certain officers not to be
disclosed in legal proceedings	88
115.	Information not to be disclosed	89
116.	Misuse of assumed identity	89
117.	Evidence	90
118.	Review	90

Division 4 — Controlled operations and integrity

testing programmes

119.	Terms used in this Division	90
120.	Provisions are not to affect certain matters	91
121.	Authority to conduct controlled operation	92
122.	Certain matters not to be authorised	93
123.	Authority to conduct integrity testing
programme	94
124.	Variation of authority	96
125.	Cancellation of authority	97
126.	Effect of authority	97
127.	Defect in authority	98
128.	Protection from criminal responsibility	98
129.	Indemnification of participants against civil
liability	98
130.	Requirements that must be met to obtain protection from criminal responsibility or indemnity	99
131.	Effect of being unaware of variation or
cancellation of authority	99

Corruption and Crime Commission Amendment and Repeal Act 2003

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132. Protection from criminal responsibility for

certain ancillary activities

100

133.

Evidence

101

134. Identity of certain participants not to be

disclosed in legal proceedings

101

Division 5 — General

135.	Evidence	102
136.	Ancillary powers	102

Part 7 — Examinations and deciding claims of

privilege and excuse

Division 1 — Examinations

137.	Commission may conduct examinations	102
138.	Conduct	103
139.	Examination to be private unless
otherwise ordered	103
140.	Public examination	104
141.	Power to examine on oath or affirmation	104
142.	Legal representation	104
143.	Examination	105

Division 2 — Claims of privilege and reasonable

excuse

144.	Legal professional privilege	106
145.	Use of statements obtained	106

Division 3 — General

146.	Allowances for witnesses	106
147.	Protection of Commission, legal
representatives and witnesses	107

Part 8 — Arrest warrants

148.	Arrest	107
149.	Conditional release from custody	110
149A.	Provision for overnight detention	110
150.	Review by Supreme Court	111

18.	Section 40 amended	111
19.	Section 42 amended	112
20.	Section 43 amended	112
21.	Section 60 amended	112
22.	Parts 10 and 11 inserted	113
Part 10 — Contempt

157.	Meaning of “reasonable excuse”	113
158.	Penalty for failing to comply with notice	114
159.	Penalty for failing to attend or produce
anything	114
160.	Penalty for failing to be sworn or to give
evidence	114

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

161.

Penalties in relation to search warrants

115

162.

Other contempt of Commission

115

163.	Punishment of contempt	116
164.	Conduct that is contempt and offence	117

Part 11 — Offences

165. Obstructing or hindering the Commission,

the Parliamentary Inspector or an officer

118

166.

Malicious disclosure of false allegation

118

167. Disclosure contrary to notation on

summons

118

168.

Giving false testimony

120

169.

Bribery of witness

120

170.

Fraud on witness

121

171.

Destroying evidence

122

172.

Preventing witness from attending

122

173.

Injury or detriment to witness

122

174.

Dismissal by employer of witness

123

175.

Victimisation

123

176.

Pretending to be officer

124

177.

Summary conviction of crimes

124

177A.

Summary prosecutions may be brought at

any time with consent

124

23.

Section 185 inserted

124

185.

Delegation

124

24.	Section 33 amended	126
25.	Section 34 amended	126
26.	Section 38 amended	127
27.	Section 40 amended	128
28.	Sections 196 to 198 and Part 13 Division 3 inserted	128

196.	Powers	128
197.	Inquiries	131
198.	Parliamentary Inspector not to interfere
with Commission’s operations	132

Division 3 — Reporting

199.	Report to Parliament	132
200.	Contents of report	133
201.	Report to a Standing Committee	133
202.	Disclosure of matters in report	133
203.	Annual report to Parliament	133
204.	Periodical report to Parliament	134
205.	Reports not to include certain information	134
206.	Laying documents before House of
Parliament that is not sitting	135

29.

Part 13A inserted

136

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

Part 13A — Standing Committee

216A.

Standing committee of Houses of

Parliament

136

30.	Section 51 amended	137
31.	Section 57 amended	137
32.	Schedule 1 amended	137

Tenure of office

137

33.	Schedule 1 inserted	138
Schedule 1 — Offences that may be relevant for Part

34.

Schedule 2 amended

139

Tenure of office

139

35. Renumbering of provisions of Corruption and

Crime Commission Act 2003

139

Part 3 — Repeals, transitional and

savings provisions, and

consequential amendments

Division 1 — General

36.	Application of Interpretation Act 1984	144
37.	Meaning of terms used in this Part	144
Division 2 — Criminal Investigation (Exceptional

Powers) and Fortification Removal

Act 2002

38.	Meaning of terms used in this Division	144
39.	Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 repealed	145
40.	Things done under repealed Act	145
41.	Offences	145
42.	Transfer of records	146
43.	Continuing protection of witnesses	146
Division 3 — Anti-Corruption Commission

Act 1988

Subdivision 1 — Amendments to the Anti-Corruption

Commission Act 1988

44.	The Act amended	147
45.	Long title replaced	147
46.	Section 3 amended	147
47.	Section 5A inserted	148

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

5A.

Constitution of Commission after 31

December 2003

148

48.	Section 12 amended	148
49.	Part II Division 3 repealed	149
50.	Section 17 amended	149
51.	Section 19 amended	149
52.	Section 48A inserted	149

48A.

Referral of allegations to the Corruption

and Crime Commission

149

Subdivision 2 — Repeal of the Anti-Corruption

Commission Act 1988 and transitional and savings provisions

53.	Meaning of terms used in this Division	151
54.	Anti-Corruption Commission Act 1988 repealed	151
55.	References to repealed Act and former titles	151
56.	Transfer of assets and liabilities to Commission	152
57.	Notices and requests	152
58.	Proceedings	153
59.	Continuation of allegations	153
60.	Offences	153
61.	Completion of things done	153
62.	Continuing effect of things done	154
63.	Warrants and emergency authorisations continued
in force	154
64.	Transfer of records	154
65.	A-CC officers	155
66.	Financial reporting	156
Division 4 — Royal Commission (Police)

Act 2002

67. Powers of CCC regarding matters related to Police

Royal Commission

157

68. Warrants and emergency authorisations continued

in force

158

69.

Assumed identity approvals continue in force

158

70.

Records

158

71.

Royal Commission (Police) Act 2002 amended

159

Division 5 — Parliamentary Commissioner

Act 1971

72.	Parliamentary Commissioner Act 1971 amended	159
73.	Parliamentary Commissioner must refer certain
investigations to CCC	160

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

Division 6 — Consequential amendments to

other Acts

74.	Other Acts amended	160
Division 7 — General
75.	Further transitional provisions may be made	160
Schedule 1 — Amendments to other

Acts as a consequence of

enactment and amendment of

the Corruption and Crime

Commission Act 2003

Division 1 — Parliamentary Commissioner Act

1971 amended

1.	The Act amended	163
2.	Long title amended	163
3.	Section 4 amended	163
4.	Section 14 amended	164
5.	Section 22A amended	164
6.	Section 22B amended	164
7.	Schedule 1 amended	165
Division 2 — Amendments to other Acts
8.	Surveillance Devices Act 1998 amended	165

18A.

Enhanced powers concerning surveillance

devices

168

9. Telecommunications (Interception) Western

Australia Act 1996 amended

172

Schedule 2 — Amendments to other Acts as a consequence of repeal of the Anti-Corruption

Commission Act 1988

Division 1 — Parliamentary Commissioner

Act 1971 amended

1.	The Act amended	175
2.	Section 4 amended	175
3.	Section 22A amended	175
4.	Section 22B amended	175
5.	Schedule 1 amended	175

Corruption and Crime Commission Amendment and Repeal Act 2003

Contents

Division 2 — Amendments to other Acts

6. Court Security and Custodial Services Act 1999

amended

175

The Criminal Code amended

176

8. Financial Administration and Audit Act 1985

amended

177

Freedom of Information Act 1992 amended

177

10.

Juries Act 1957 amended

177

11.

Prisons Act 1981 amended

177

12.

Public Interest Disclosure Act 2003 amended

178

13.

Salaries and Allowances Act 1975 amended

178

14.

Spent Convictions Act 1988 amended

179

15.

Surveillance Devices Act 1998 amended

179

16. Telecommunications (Interception) Western

Australia Act 1996 amended

181

Western Australia

Corruption and Crime Commission Amendment

and Repeal Act 2003

No. 78 of 2003

An Act to —

•	amend the Corruption and Crime Commission Act 2003;
•	repeal the Anti-Corruption Commission Act 1988;
•	repeal the Criminal Investigation (Exceptional Powers) and Fortification Removal Act 2002; and
•	make amendments and provide for transitional matters as a consequence of the enactment of this Act and the repeal of other Acts.

[Assented to 22 December 2003]

The Parliament of Western Australia enacts as follows:

Corruption and Crime Commission Amendment and Repeal Act 2003

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Corruption and Crime Commission

Amendment and Repeal Act 2003.

2. Commencement

(1)	This Act comes into operation on a day to be fixed by proclamation.
(2)	Different days may be fixed under subsection (1) for different provisions.
(3)	A day for the coming into operation of Part 3 Division 3 Subdivision 2 is to be fixed under subsection (1) after the Corruption and Crime Commission has certified, by written
notice delivered to the Governor, that —

(a)	the Corruption and Crime Commission is of the opinion that the functions of the Anti-Corruption Commission are substantially exhausted;
(b)	each member of staff has —

(i) become an officer of the Commission;

(ii) become an officer of an organisation (other than the A-CC) within the meaning of the Public Sector Management Act 1994;

(iii) been registered under Part 4 of the Public Sector Management (Redeployment and Redundancy) Regulations 1994;

(iv) reached the end of a fixed term contract;

(v) resigned; or

(vi) had his or her contract terminated.

(4)	Except as provided in subsection (3), so much of this Act as has not been proclaimed is to come into operation upon the date 12 months after the date upon which this Act receives the Royal Assent.

Corruption and Crime Commission Amendment and Repeal Act 2003

Preliminary

Part 1

s. 2

(5)	In this section —
“member of staff” means a person who is in the employment

of the A-CC on the coming into operation of section 6.

(6)

For the purposes of the Public Sector Management

(Redeployment and Redundancy) Regulations 1994 the chief

executive officer of the Department of the Premier and Cabinet

is taken to be the employing authority of the members of staff.

(7)

The chief executive officer of the Department of the Premier

and Cabinet shall have the same right to terminate the fixed

term contract of any member of staff as if the chief executive

officer were the employer of that member of staff.

Corruption and Crime Commission Amendment and Repeal Act 2003

Part 2	Amendments to Corruption and Crime Commission Act 2003
s. 3

Part 2 — Amendments to Corruption and Crime

Commission Act 2003

3. The Act amended

The amendments in this Part are to the Corruption and Crime

Commission Act 2003*.

[* Act No. 48 of 2003.]

4. Long title replaced

The long title is repealed and the following long title is inserted

instead —

“

An Act to —

•	provide for the establishment and operation of a Corruption and Crime Commission;
•	provide for the establishment and operation of a Parliamentary Inspector of the Corruption and Crime Commission; and
•	make amendments as a consequence of the enactment of this Act.

”.

5. Section 3 amended

(1)	Section 3 is amended by inserting in the appropriate alphabetical positions the following definitions — “

“allegation” means —

(a)	a report made to the Commission under section 25;
(b)	a proposition initiated by the Commission under section 26;
(c)	a matter notified under section 28(2); or
(d)	a received matter;

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to Corruption and Crime Commission Act 2003

Part 2

s. 5

“appropriate authority” means a person, body or

organisation who or which is empowered by a law of the State to take investigatory or other action, or both, in relation to misconduct, but does not

include an independent agency or either House of

Parliament;

“bipartisan support” means the support of —

(a)	members of the Standing Committee who are members of the party of which the Premier is a member; and
(b)	members of the Standing Committee who are members of the party of which the Leader of the Opposition is a member;

“Commissioner of Police” means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

“contractor” has the meaning given by the Court

Security and Custodial Services Act 1999 or the

Prisons Act 1981, as is relevant to the case;

“Director of Public Prosecutions” has the meaning

given to “Director” in the Director of Public

Prosecutions Act 1991;

“disciplinary action” means any disciplinary action

under any law or contract and includes —

(a)	action under section 8 of the Police Act 1892; and
(b)	the taking of action against a person, with a view to dismissing, dispensing with the services of or otherwise terminating the services of that person;

“disciplinary offence” includes any conduct or other matter that constitutes or may constitute grounds for disciplinary action;

“examination” means an examination under Part 7;

Corruption and Crime Commission Amendment and Repeal Act 2003

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“independent agency” means —

(a)	the Parliamentary Commissioner;
(b)	the Director of Public Prosecutions;
(c)	the Auditor General;
(d)	the Inspector of Custodial Services; and
(e)	the Commissioner for Public Sector Standards;

“inquiry” means an inquiry by the Parliamentary

Inspector under section 197;

“investigation” means an investigation under this Act

and includes a preliminary investigation referred to

in section 32;

“legal practitioner” has the meaning given to

“practitioner” in the Legal Practitioners Act 1893;

“misconduct” has the meaning given by section 4;

“nominating committee” means a committee

consisting of —

(a)	the Chief Justice;
(b)	the Chief Judge of the District Court; and
(c)	a person appointed by the Governor to represent the interests of the community;

“notifying authority” means —

(a)	a department or organisation as defined in the Public Sector Management Act 1994;
(b)	an entity in respect of which a declaration is in effect under section 52(4) of the Financial Administration and Audit Act 1985;
(c)

a statutory authority as defined in the Act 1985;

(d)	an authority to which the Parliamentary Commissioner Act 1971 applies;

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to Corruption and Crime Commission Act 2003

Part 2

s. 5

(e)	a person or body, or holder of an office —

(i) under whom or which a public officer holds office or by whom or which a public officer is employed; or

(ii) who or which is prescribed for the purposes of this subparagraph,

but does not include the President of the Legislative Council or the Speaker of the Legislative Assembly;

“organised crime” means activities of 2 or more

persons associated together solely or partly for commission of each of which involves substantial planning and organisation;

purposes in the pursuit of which 2 or more

“organised crime examination” means an

examination to which a person is summoned under

an organised crime summons;

“organised crime summons” means a summons

issued under section 96 on an application by the

Commissioner of Police under section 48;

“Parliamentary Commissioner” has the meaning

given to “Commissioner” under the Parliamentary

Commissioner Act 1971;

“perform” includes to exercise;

“police officer” means a person appointed —

(a)	under Part I of the Police Act 1892 to be a member of the Police Force;
(b)	under Part III of the Police Act 1892 to be a special constable; or
(c)	under section 38A of the Police Act 1892 to be an aboriginal aide;

Corruption and Crime Commission Amendment and Repeal Act 2003

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“principal officer of a notifying authority” means —

(a)	defined in the Public Sector Management

in the case of a department or organisation as employee of that department or organisation;

(b)	in the case of a notifying authority that is an entity in respect of which a declaration is in effect under section 52(4) of the Financial

Administration and Audit Act 1985, the holder of the office that is the subject of that declaration;

(c)	in the case of a contractor and any subcontractor under the relevant contract, the holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; and
(d)	in any other case —

(i)	as the principal officer of that

the person specified in the regulations authority of that class; or

(ii) if no person is specified under subparagraph (i), the person who is the head of that notifying authority, its most senior officer or the person normally entitled to preside at its meetings;

“public authority” means —

(a)

a notifying authority;

(b)

a body mentioned in Schedule V Part 3 to the Constitution Acts Amendment Act 1899;

(c)

an authority, board, corporation,

commission, council, committee, local

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to Corruption and Crime Commission Act 2003

Part 2

s. 5

government, regional local government or

similar body established under a written law;

(d)	a body that is the governing authority of a body referred to in paragraph (b) or (c); or
(e)	a contractor or subcontractor;

“received matter” means —

(a)	a matter referred to the Commission by the Police Royal Commission, the A-CC or the Parliamentary Commissioner;
(b)

a matter received by the Commission in the section 19(2)(b); or

(c)

any allegation made to the A-CC under the Anti-Corruption Commission Act 1988 that has not been finally dealt with under that Act

immediately before the repeal of that Act

under section 54 of the Corruption and

Crime Commission Amendment and Repeal

Act 2003;

“reviewable police action” means any action taken by

a police officer or an employee of the Police

Service of the Public Service, that —

(a)	is contrary to law;
(b)	is unreasonable, unjust, oppressive or improperly discriminatory;
(c)	is in accordance with a rule of law, or a provision of an enactment or a practice, that is or may be unreasonable, unjust, oppressive or improperly discriminatory;
(d)	is taken in the exercise of a power or a discretion, and is so taken for an improper purpose or on irrelevant grounds, or on the taking into account of irrelevant considerations; or

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(e)	is a decision that is made in the exercise of a power or a discretion and the reasons for the decision are not, but should be, given;

“Schedule 1 offence” means an offence described in

Schedule 1;

“section 5 offence” has the meaning given by

section 5;

“serious misconduct” means misconduct of a kind

described in section 4(a), (b) or (c);

“Standing Committee” means the committee referred to in section 216A;

“State Records Commission” means the Commission

established under section 57 of the State Records

Act 2000;

“subcontractor” has the meaning given by the Court

Security and Custodial Services Act 1999 or the

Prisons Act 1981, as is relevant to the case;

“witness” means a person who appears at an

examination or an inquiry to give evidence,

whether the person has been summoned or appears

without being summoned.

”.

(2)

Section 3 is further amended by inserting the following

subsection —

“

(2)	Nothing in this Act affects, or is intended to affect, the operation of the Parliamentary Privileges Act 1891 or the Parliamentary Papers Act 1891 and a power, right or function conferred under this Act is not to be

exercised if, or to the extent, that the exercise would

relate to a matter determinable exclusively by a House

of Parliament, unless that House so resolves.

”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to Corruption and Crime Commission Act 2003

Part 2

s. 5

6. Sections 4 and 5 inserted

After section 3 the following sections are inserted —

“

4. Misconduct

Misconduct occurs if —

(a)	a public officer corruptly acts or corruptly fails to act in the performance of the functions of the public officer’s office or employment;
(b)	a public officer corruptly takes advantage of the public officer’s office or employment as a public officer to obtain a benefit for himself or herself or for another person or to cause a detriment to any person;
(c)	a public officer whilst acting or purporting to act in his or her official capacity, commits an offence punishable by 2 or more years’

imprisonment; or

(d)	a public officer engages in conduct that —

(i) adversely affects, or could adversely affect, directly or indirectly, the honest or impartial performance of the functions of a public authority or public officer whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct;

(ii) constitutes or involves the performance of his or her functions in a manner that is not honest or impartial;

(iii) constitutes or involves a breach of the trust placed in the public officer by reason of his or her office or employment as a public officer; or

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(iv)	material that the public officer has acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the

involves the misuse of information or of another person,

and constitutes or could constitute —

(v)

an offence against the Statutory Act 1996 or any other written law; or

(vi) a disciplinary offence providing reasonable grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).

5. Section 5 offences

A section 5 offence is a Schedule 1 offence committed

in the course of organised crime.

”.

7. Part 1 amended

(1)	Part 1 is amended by inserting after “Part 1 –
Preliminary” —

“ Division 1 — Introduction ”.

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(2)	After section 5 the following Division is inserted —

“

Division 2 — Purpose

7A. Act’s purposes

The main purposes of this Act are —

(a)	to combat and reduce the incidence of organised crime; and
(b)	to improve continuously the integrity of, and to reduce the incidence of misconduct in, the public sector.

7B.	How Act’s purposes are to be achieved

(1)

The Act’s purposes are to be achieved primarily

by establishing a permanent commission to be

called the Corruption and Crime Commission.

(2)

The Commission is to be able to authorise the

use of investigative powers not ordinarily

available to the police service to effectively

investigate particular cases of organised crime.

(3)

The Commission is to help public authorities to

deal effectively and appropriately with

misconduct by increasing their capacity to do

so while retaining power to itself investigate

cases of misconduct, particularly serious

misconduct.

”.

8. Section 7 amended

(1)	Section 7(3) is amended by inserting after “appointed” —
“ on the recommendation of the Premier ”.

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(2)	After section 7(3) the following subsections are inserted —

“

(3a)	Except in the case of the first appointment, the Premier is to recommend the appointment of a person —

(a)	whose name is on a list of 3 persons eligible for appointment that is submitted to the Premier by the nominating committee; and
(b)	who, if there is a Standing Committee, has the support of the majority of the Standing Committee and bipartisan support.

(3b)	Before making nominations under subsection (3a) the nominating committee shall advertise throughout Australia for expressions of interest.

”.

(3)	Section 7(4) is deleted and the following subsections are inserted instead —

“

(4)	Except in the case of the first appointment, before an appointment is made under subsection (3), the Premier must consult with —

(a)	the Standing Committee; or
(b)	if there is no Standing Committee, the Leader of the Opposition, and the leader of any other political party with at least 5 members in either

House.

(4a)	In the case of the first appointment, before the appointment is made the Premier is to consult with the Leader of the Opposition.

”.

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9. Section 8 amended

Section 8 is amended as follows —

(a)	by deleting subsections (1) and (2) and inserting instead —

“

(1)	A person is qualified for appointment as the Commissioner if the person has served as, or is qualified for appointment as, a judge of the Supreme Court of Western Australia or another State or Territory, the High Court of Australia or the Federal Court of Australia.

”;

(b)	after subsection (3) the following subsection is inserted —

“

(4)	A person holding a judicial office shall retire upon appointment as Commissioner.

”.

10. Section 12 amended

Section 12 is amended by inserting the following subsection

after subsection (2) —

“

(2a)	The process for nomination and consultation with regard to the appointment of a person to act in the office of Commissioner shall be the same as that for the appointment of the
Commissioner except that —

(a)

the process may be carried out for an appointment has not arisen;

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(b)	it may be carried out with respect to a number of persons each of whom is eligible to be appointed should the necessity arise; and
(c)	any bipartisan support for a person lapses on the expiration of 12 months from the date of the resolution.

”.

11. Section 18 inserted

After section 15 the following section is inserted —

“

18. Commission’s misconduct function

(1)

It is a function of the Commission (the “misconduct

function”) to ensure that an allegation about, or

information or matter involving, misconduct is dealt

with in an appropriate way.

(2)

Without limiting how the Commission may perform

the misconduct function, the Commission performs the

function by —

(a)	receiving and initiating allegations of misconduct;
(b)	considering whether action is needed in relation to allegations and matters related to misconduct;
(c)	investigating or taking other action in relation to allegations and matters related to misconduct if it is appropriate to do so, or referring the allegations or matters to independent agencies or appropriate authorities so that they can take action themselves or in cooperation with the Commission;
(d)	monitoring the way in which independent agencies and appropriate authorities take action in relation to allegations and matters that are referred to them by the Commission;

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(e)	regardless of whether or not there has been an allegation of misconduct, investigating whether misconduct —

(i) has or may have occurred;

(ii) is or may be occurring;

(iii) is or may be about to occur; or

(iv) is likely to occur;

(f)	making recommendations and furnishing reports on the outcome of investigations;

(g) consulting, cooperating and exchanging information with independent agencies, appropriate authorities and —

(i) the Commissioner of the Australian Federal Police;

(ii) the Commissioner of a Police Force of another State or Territory;

(iii)

Commission established by the

the CEO of the Australian Crime of the Commonwealth;

(iv)	office under the Taxation

the Commissioner of Taxation holding Commonwealth;

(v)	office under the Australian Security

the Director-General of Security holding the Commonwealth;

(vi)	Transaction Reports and Analysis Centre under the Financial Transaction

the Director of the Australian Commonwealth;

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(vii) any person, or authority or body of this State, the Commonwealth, another State or a Territory that is declared by the Minister to be a person, authority or body to which this paragraph applies;

(h)	assembling evidence obtained in the course of exercising the misconduct function and —

(i) furnishing to an independent agency or another authority, evidence which may be admissible in the prosecution of a

person for a criminal offence against a written law or which may otherwise be relevant to the functions of the agency or authority; and

(ii)	suitable authority of another State, a Territory, the Commonwealth or another country, evidence which may be

furnishing to the Attorney General or a person for a criminal offence against a law of the jurisdiction concerned or which may otherwise be relevant to that jurisdiction.

(3)	When the Commission is deciding whether further action for the purposes of this Act in relation to an allegation is warranted, the matters to which it may have regard include the following —

(a)	the seriousness of the conduct or involvement to which the allegation relates;
(b)	whether or not the allegation is frivolous or vexatious or is made in good faith;
(c)	whether or not the conduct or involvement to which the allegation relates is or has been the subject of appropriate investigatory or other
action otherwise than for the purposes of this Act;

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(d)	whether or not, in all the circumstances, the carrying out of further action for the purposes of this Act in relation to the allegation is justified or is in the public interest.

”.

12. Section 15 amended

Section 15(2) is amended in the following manner —

(1)	by deleting paragraph (a) and inserting instead —

“

(a)	analysing the intelligence it gathers in support of its investigations into organised crime and misconduct; and

(ab)

analysing the results of its investigations and

the information it gathers in performing its

functions; and

(ac)

analysing systems used within public

authorities to prevent misconduct; and

(ad)

using information it gathers from any source in

support of its prevention and education

function; and

”.

(2)

after paragraph (c) to insert —

“

(ca)

ensuring that in performing all of its functions

it has regard to its prevention and education

function; and

(cb)

generally increasing the capacity of public

authorities to prevent misconduct by providing

advice and training to those authorities, if

asked, to other entities; and

”.

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13. Section 16 amended

Section 16(2) is amended by deleting “The” and inserting

instead —

“

Without limiting the Commission’s functions under

section 18, the

”.

14. Section 19 amended

Section 19(4)(d) is amended by deleting “a Standing

Committee” and inserting instead —

“ the Standing Committee ”.

15. Section 21 inserted

After section 17 the following section is inserted —

“

21. Commission’s organised crime functions

The Commission has the functions set out in Part 4.

”.

16. Section 21A inserted

After section 17 the following section is inserted —

“

21A.	Reviewable police action

(1)

The Commissioner of Police is required to notify the

Commission of matters concerning, or that may

concern, reviewable police action in accordance with

guidelines issued under section 30.

(2)

The Commission may deal with a matter notified under

subsection (1) as if it were a matter notified under

section 28(2).

”.

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17. Parts 3 to 8 inserted

Before Part 3 the following Parts are inserted —

“

Part 3 — Misconduct

Division 1 — Assessments and opinions

22. Assessments and opinions

(1)	Regardless of whether or not there has been an allegation of misconduct, the Commission may make assessments and form opinions as to whether misconduct —

(a)	has or may have occurred;
(b)	is or may be occurring;
(c)	is or may be about to occur; or

(d) is likely to occur.

(2)	The Commission may make the assessments and form the opinions on the basis of —

(a)	consultations, and investigations and other actions (either by itself or in cooperation with an independent agency or appropriate authority);
(b)	investigations or other action of the Police Royal Commission;
(c)	preliminary inquiry and further action by the A-CC;
(d)	investigations or other action of an independent agency or appropriate authority; or
(e)	information included in any received matter or otherwise given to the Commission.

(3)	The Commission may advise an independent agency or appropriate authority of an assessment or opinion.

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23. Commission must not publish opinion as to commission of offence

(1)

The Commission must not publish or report a finding

or opinion that a particular person has committed, is

committing or is about to commit a criminal offence or

a disciplinary offence.

(2)

An opinion that misconduct has occurred, is occurring

or is about to occur is not, and is not to be taken as, a

finding or opinion that a particular person has

committed, or is committing or is about to commit a

criminal offence or disciplinary offence.

Division 2 — Allegations

24. Allegations

(1)	Subject to section 27 the Commission —

(a)	is to receive allegations of misconduct by way of —

(i) reports under section 25;

(ii) matters notified under section 28(2); and

(iii) received matters;

and

(b)	may initiate allegations of misconduct by way of propositions under section 26.

(2)	Before assessing an allegation received by the Commission, the Commission may seek further information about the allegation from the person making the allegation in such form as the Commission thinks fit.

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25. Any person may report misconduct

(1)	A public officer or any other person may report to the Commission any matter which that person suspects on reasonable grounds concerns or may concern
misconduct that —

(a)	has or may have occurred;
(b)	is or may be occurring;
(c)	is or may be about to occur; or

(d) is likely to occur.

(2)

A report may be made to the Commission orally or in

writing.

(3)

This section has effect despite —

(a)	the provisions of any other Act, whether enacted before or after this Act; and
(b)	any obligation the person has to maintain confidentiality about a matter to which the allegation relates.

(4)

A person who exercises the power conferred by

subsection (1) does not commit an offence by reason of

that exercise.

(5)

A person who makes a report under this section and

who does so

(a)	knowing that the content of the report is false or misleading in a material respect;

(b) maliciously, or recklessly,

is guilty of a crime.

Penalty: Imprisonment for 3 years and a fine of

$60 000.

Summary conviction penalty: $10 000.

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(6)	A charge cannot be brought against a person under subsection (5) other than by the Director of Public Prosecutions.

(7) A publication by —

(a)	a complainant;
(b)	a person who has relied upon information derived from a complainant; or
(c)	a person who has no reliable source of knowledge (which shall be presumed in the absence of proof to the contrary),

that an allegation has been made about a person to the

Commission carries with it, an inference that there

were reasonable grounds for making the complaint.

26. Proposition by Commission

(1)	The Commission may make a proposition that misconduct —

(a)	has or may have occurred;
(b)	is or may be occurring;
(c)	is or may be about to occur; or

(d) is likely to occur.

(2)	A proposition under subsection (1) may be based on the Commission’s own experience and knowledge, or assessment of a received matter, and independently of any allegation referred to in section 25.

27. Allegation about Commissioner, Parliamentary Inspector or judicial officer not to be received or initiated

(1)	An allegation about the Commissioner must not be received by the Commission.

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(2)

An allegation about a person in his or her capacity as

the Parliamentary Inspector, or an officer of the

Parliamentary Inspector, must not be received or

initiated by the Commission.

(3)

An allegation about a person in his or her capacity as the holder of a judicial office must not be received or initiated by the Commission unless the allegation

relates to —

(a)	the commission or attempted commission of;
(b)	the incitement of the commission of; or
(c)	a conspiracy to commit,

an offence under section 121 of The Criminal Code or

is of a kind that, if established, would constitute

grounds for removal from judicial office.

(4)	The Commission, when performing its functions in relation to the conduct of a holder of judicial office must proceed having proper regard for preserving the
independence of judicial officers.
(5)	When investigating a holder of judicial office, the Commission must act in accordance with conditions and procedures formulated in continuing consultation with the Chief Justice.
(6)	In this section —
“holder of a judicial office” has the same meaning as it has in section 121 of The Criminal Code.

27A.	Allegations involving parliamentary privilege

(1)	Despite any contrary provision in this Act, an allegation of misconduct, not being serious misconduct —

(a)	made against a member of the Legislative Council or the Legislative Assembly in the

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performance by him or her of the functions of

that office; or

(b)	made against an officer liable to be removed from office under section 35 of the Constitution Act 1889,

is to be referred by the Commission to the presiding

officer.

(2)	A referral under subsection (1) is to name the member or officer and state the grounds on which the allegation is made and the nature of the misconduct by reference
to a provision of section 4. The Commission is not required to disclose how it came to make the allegation.
(3)	Section 22(3) and Division 4 of Part 2 are excluded in their operation with respect to an allegation made under subsection (1).
(4)	In this section and section 27B —
“presiding officer” —

(a)

is the President where the allegation relates to a or the Speaker in relation to a member or officer of the Legislative Assembly;

(b) if —

(i) the office of President or Speaker is vacant, or becomes vacant in the course of an inquiry under section 27B; or

(ii) the member subject to an allegation under subsection (1)(a) is the President or the Speaker,

is the member appointed by each House to perform the

functions and exercize the powers of the President or

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the Speaker during his or her temporary absence or

when either office is vacant.

(5)

Nothing in this section prevents a member or officer who is subject to a referral under subsection (1) from being charged with an offence whether or not the

charge relates to the matters that form the basis of the

allegation so referred.

27B.	Dealing with allegation of member’s misconduct

(1)	The presiding officer, on receipt of a referral made under section 27A(1), must —

(a)	where the allegation is made under paragraph (a), require a committee of the House whose functions include considering matters relating to the practice, procedure and privileges of the House (the “Privileges Committee”), to inquire into the matter;
(b)	where the allegation is made under paragraph (b), require the Commission to conduct an inquiry.

(2)

If the Privileges Committee resolves to carry out its

own inquiry, it must do so by directing the

Commission to act on its behalf.

(3)

For the purposes of an inquiry under this section, the

Commission —

(a)	has the powers, privileges, rights and immunities of a committee under the Parliamentary Privileges Act 1891;
(b)	is to refer a matter, including an objection made under section 7 of the Parliamentary Privileges Act 1891, to the presiding officer for decision in a case where a committee is required to obtain a decision of the House;

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(c)	may order without summons a member or officer of either House to appear and give evidence or produce documents;
(d)	may be assisted by parliamentary and Commission officers;
(e)	cannot delegate the performance of a function that cannot be delegated by a committee of a House;
(f)	is to report to the presiding officer and the Privileges Committee when so requested or at predetermined intervals or both.

(4)	The Commission is to act in conformity with the Parliamentary Privileges Act 1891.
(5)	An inquiry cannot be discontinued by direction of the presiding officer or the Privileges Committee unless the Commission consents.
(6)	A recommendation under section 43(1) is to be contained in a report (whether interim or final) to the presiding officer and the Privileges Committee and, either in substitution for, or in addition to the recommendations that may be made under that subsection, may recommend that a member be expelled or an officer be removed under section 35 of the Constitution Act 1889.
(7)	The presiding officer must present to the House a report provided under subsection (6), in the form in which it was received, on the sitting day next following its receipt.
(8)	The Commission must not make a recommendation to an independent agency under section 43(4) unless expressly authorized by resolution of the House.

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Division 3 — Duty to notify

28. Notification of misconduct

(1)	This section applies to the following persons —

(a)	the Parliamentary Commissioner;
(b)	the Inspector of Custodial Services;
(c)	the principal officer of a notifying authority;
(d)	an officer who constitutes a notifying authority.

(2)	Subject to subsections (4), (5) and (6), a person to whom this section applies must notify the Commission in writing of any matter —

(a)	which that person suspects on reasonable grounds concerns or may concern misconduct; and
(b)	which, in the case of a person referred to in subsection (1)(c) or (d), is of relevance or concern to that person in his or her official capacity.

(3)

The Commission must be notified under subsection (2)

as soon as is reasonably practicable after the person

becomes aware of the matter.

(4)

A person to whom this section applies is not required

to notify the Commission of —

(a)	a matter that —

(i) is being dealt with by that person, or the notifying authority of which that person is the principal officer, under

section 33(1)(b); or

(ii) is referred to that person, or the notifying authority of which that person is the principal officer, by the Commission under section 33(1)(c);

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(b)	a matter that —

(i) is referred to that person, or a notifying authority of which that person is the principal officer, by the Parliamentary Inspector under section 196(3)(f); and

(ii) relates to conduct by the Commission, an officer of the Commission or an officer of the Parliamentary Inspector.

(5)	The Director of Public Prosecutions is not required to notify the Commission of a matter if the matter does not relate to conduct by —

(a)	the Deputy Director, as defined in section 3 of the Director of Public Prosecutions Act 1991; or
(b)	a member of staff appointed or made available for the performance of the functions of the Director of Public Prosecutions under section 30 of the Director of Public Prosecutions Act 1991.

(6)	A person to whom this section applies is not required to notify the Commission of a matter which concerns or may concern reviewable police action.

29. Duty to notify is paramount

(1)	The duty of a person to make a notification under section 28 must be complied with despite —

(a)	the provisions of any other Act, whether enacted before or after this Act; or
(b)	any obligation the person has to maintain confidentiality about a matter to which the allegation relates,

and the person does not commit an offence by reason

of that compliance.

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(2)	Subsection (1) does not affect an obligation under another written law to notify misconduct.

30. Commission may issue guidelines about notifications

(1)	The Commission may issue guidelines about —

(a)	what matters are or are not required to be notified to the Commission under section 28;
(b)	what reports are required with respect to such matters and also with respect to the matters referred to in section 21A.

(2)	A person who would otherwise have had a duty to notify but for guidelines issued under this section shall have a like duty to make a report in accordance with the guidelines.

31. Commission may report failure to comply

If a person to whom section 21A, 28 or 30 applies does

not comply with the duty to make a notification or

report under that section, the Commission may report

that non-compliance —

(a)	in the case of the principal officer referred to in paragraph (c) of the definition of “principal officer of a notifying authority”, to the CEO as defined in section 3 of the Court Security and Custodial Services Act 1999 or the chief executive officer as defined in section 3 of the Prisons Act 1981, as is relevant to the case; and
(b)	in any other case, to a person or body who or which has the power to take disciplinary action against the person to whom section 28 applies.

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Division 4 — Assessments, opinions and investigation

32. Dealing with allegations

(1)

The Commission is to deal with an allegation by

assessing the allegation and forming an opinion under

section 22, and making a decision under section 33 that

the Commission considers appropriate in the

circumstances.

(2)

For the purposes of subsection (1) the Commission

may conduct a preliminary investigation into the

allegation.

(3)

The Commission may consult any person or body

about an allegation or other matter.

33. Decision on further action

(1)	Subject to subsection (2), having made an assessment of an allegation the Commission may decide to —

(a)	investigate or take action without the involvement of any other independent agency or appropriate authority;
(b)	investigate or take action in cooperation with an independent agency or appropriate authority;
(c)	refer the allegation to an independent agency or appropriate authority for action; or

(d) take no action.

(2)	The Commission may deal with a matter reported to it under section 30 as if it were a matter notified under section 28(2).

34. Matters to be considered in deciding who should take action

(1)	Without limiting the matters to which the Commission may have regard, when the Commission decides

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whether or not to make a decision under

section 33(1)(a) or (b) the Commission is to have

regard to whether, in the opinion of the Commission,

serious misconduct —

(a)	has or may have occurred;
(b)	is or may be occurring;
(c)	is or may be about to occur; or

(d) is likely to occur.

(2)	When the Commission is deciding whether or not to refer an allegation to an independent agency or appropriate authority, the matters to which the Commission is to have regard include the following —

(a)	the seniority of any public officer to whom the allegation relates;
(b)	whether, in the opinion of the Commission, serious misconduct —

(i) has or may have occurred;

(ii) is or may be occurring;

(iii) is or may be about to occur; or

(iv) is likely to occur;

(c)	the need for there to be an independent investigation rather than an investigation by a public authority with which any public officer to whom the allegation relates is connected by membership or employment or in any other respect.

35. Informant to be notified of decision not to take action

If —

(a)	a person makes an allegation under section 25 or 28(2);

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(b)	an allegation under the A-CC Act is referred to the Commission; or
(c)	a complaint under the Parliamentary Commissioner Act 1971 is referred to the Commission,

and the Commission decides to take no action, the Commission must notify the person who made the allegation or complaint that the Commission has

decided that no action will be taken.

36. Person investigated can be advised of the outcome of the investigation

The Commission may inform a person to whom an

allegation relates as to the outcome of any investigation

carried out by the Commission or an appropriate

authority in relation to the allegation if —

(a)	the person requests the information; or
(b)	the Commission considers that giving the information to the person is in the person’s best interests,

and the Commission considers that giving the

information to the person is in the public interest.

37. Referral by Commission

(1)

If the Commission decides to refer an allegation to an

independent agency or appropriate authority, the

Commission is to refer the allegation as soon as is

practicable after making that decision.

(2)

The allegation may be accompanied by a report which

may include —

(a)	a recommendation under section 43;
(b)	such other recommendations as the Commission thinks fit in respect of the action to be taken; and

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(c)	such information as the Commission considers would assist the agency or authority to take the action.

(3)	If the allegation is referred to an appropriate authority, the report may also include a recommendation as to the period within which the action should be taken.

38. Referrals to Parliamentary Commissioner or Auditor General

(1)	The Commission is not to refer an allegation to the Parliamentary Commissioner or the Auditor General without having first consulted the Parliamentary Commissioner or the Auditor General.
(2)	If an allegation is referred to the Parliamentary Commissioner, the allegation is to be treated by the Parliamentary Commissioner as if it were a complaint duly made under section 17 of the Parliamentary Commissioner Act 1971 and that Act applies to and in relation to the allegation accordingly.
(3)	If an allegation is referred to the Auditor General, the Auditor General may investigate the allegation and the Financial Administration and Audit Act 1985 applies to the investigation as if it were an investigation under section 80(b) of that Act.
(4)	Nothing in the Financial Administration and Audit Act 1985 prevents the Auditor General, or any person referred to in section 91 of that Act, from disclosing to the Commission, or an officer of the Commission, information obtained in the course of an investigation under subsection (3).

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39. Commission may decide to take other action

(1)	Despite having made a decision to act under section 33(1)(a), (b) or (c), the Commission may at any time decide to act under another of those paragraphs.
(2)	The Commission may make the decision whether or not it has acted under the first-mentioned decision.
(3)	The Commission is not to reconsider action taken under section 33(2) except on fresh evidence.
(4)	If an allegation has been referred to the Parliamentary Commissioner, subsection (1) does not apply unless the carrying out of the action by the Commission has been requested or agreed to by the Parliamentary Commissioner.

40. Commission’s monitoring role

(1) If —

(a)	an appropriate authority takes action in relation to an allegation in cooperation with the Commission; or
(b)	an allegation is referred to an appropriate authority by the Commission,

the appropriate authority must prepare a detailed report

of the action the appropriate authority has taken in

relation to the allegation.

(2)

The report is to be given to the Commission in writing

as soon as practicable after the action is taken.

(3)

The Commission may, by written notice, direct the

appropriate authority to give the Commission a detailed

report on —

(a)	action the appropriate authority has taken in relation to the allegation; and

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(b)	if action recommended by the Commission under section 37(2) has not been taken, or any action has not been taken within the time recommended under section 37(3), the reasons for not so taking the action.

(4)

The appropriate authority must comply with a direction

given to it under subsection (3).

(5)

A report referred to in this section must include details of any prosecution initiated or disciplinary action taken as a consequence of the recommendations.

41. Commission may review dealings with misconduct

(1)

The Commission may review the way an appropriate

authority has dealt with misconduct, in relation to

either a particular allegation, complaint, information or

matter involving misconduct or in relation to a class of

allegation, complaint, information or matter involving

misconduct.

(2)

The appropriate authority must give the Commission

all necessary help to undertake a review under

subsection (1).

42. Commission may direct authority not to take action

(1)

In this section —

“misconduct matter” means an allegation, complaint,

information or matter involving misconduct

specified in a notice given under subsection (2).

(2)

The Commission may, by written notice, direct an

appropriate authority —

(a)	not to commence investigation of a misconduct matter or, if an investigation of the matter has already commenced, to discontinue the investigation; and

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(b)	to take all reasonable steps to ensure that an investigation of a misconduct matter is not conducted by an officer of the appropriate authority.

(3)	The appropriate authority must comply with a direction given to it under subsection (2).
(4)	The notice absolves the appropriate authority and its officers from any duty with respect to the misconduct matter so far as it relates to investigation of the matter or to the bringing of an offender concerned before the courts to be dealt with according to law.
(5)	Subsection (2)(b) does not apply to a person who is an officer of the Commission.
(6)	Subsection (2) does not prevent an investigation of the misconduct matter that is conducted in accordance with arrangements made between the Commission and the
appropriate authority.
(7)	Despite subsection (2), an investigation of the misconduct matter by the appropriate authority may be commenced or resumed if the Commission notifies the appropriate authority that the Commission has revoked the direction given to it under subsection (2).

Division 5 — Recommendations

43. Recommendations by Commission

(1)	The Commission may —

(a)	make recommendations as to whether consideration should or should not be given to —

(i) the prosecution of particular persons; and

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(ii) the taking of disciplinary action against particular persons;

and

(b)	make recommendations for the taking of other action that the Commission considers should be taken in relation to the subject matter of its assessments or opinions or the results of its investigations.

(2)	The Commission may make the recommendations on the basis of —

(a)	its assessments, consultations, opinions, and investigations and other actions (either by itself or in cooperation with an independent agency or appropriate authority);
(b)	investigations or other action of the Police Royal Commission;
(c)	preliminary inquiry or further action by the A-CC;
(d)	investigations or other action of an independent agency or appropriate authority; or
(e)	information included in any received matter or otherwise given to the Commission.

(3)	Without limiting subsection (1), the Commission may —

(a)	recommend that further inquiry or investigation into any matter be carried out by an Inquiry Panel appointed under the Local Government Act 1995, or in such other manner as the Commission may recommend; and
(b)	recommend the terms of reference of any such inquiry or investigation.

(4)	The Commission may give the recommendations to an independent agency or appropriate authority.

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(5)

If the Commission gives an independent agency a

recommendation that consideration should be given to

the prosecution of a particular person, the Commission

must also give the independent agency all materials in

the Commission’s possession that would be required

for the purposes of section 103 of the Justices Act 1902

and section 611B of the The Criminal Code if that

prosecution took place.

(6)

A recommendation made by the Commission under

this section is not a finding, and is not to be taken as a

finding, that a person has committed or is guilty of a

criminal offence or has engaged in conduct that

constitutes or provides grounds on which that person’s

tenure of office, contract of employment, or agreement

for the provision of services, is, or may be, terminated.

44. Other action for misconduct

Except as provided in section 42, nothing in this Part

limits the action that may lawfully be taken to

discipline or otherwise deal with a person for

misconduct.

Part 4 — Organised crime: exceptional powers

and fortification removal

Division 1 — Basis for, and control of, use of

exceptional powers

45. Terms used in this Part

In this Part —

“exceptional powers” means the powers given under Divisions 2, 3, 4 and 5;

“exceptional powers finding” has the meaning given by section 46(2);

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“investigation” means an investigation referred to in section 46(1).

46. Finding as to grounds for exercising exceptional powers

(1)	On the application of the Commissioner of Police, the Commission may find whether or not it is satisfied that —

(a)	there are reasonable grounds for suspecting that a section 5 offence has been, or is being, committed;
(b)	there are reasonable grounds for suspecting that there might be evidence or other information relevant to the investigation of the offence that can be obtained using exceptional powers; and
(c)	there are reasonable grounds for believing that the use of exceptional powers would be in the public interest having regard to —

(i)

whether or not the suspected offence without using the powers;

(ii) the extent to which the evidence or other information that it is suspected might be obtained would assist in the investigation, and the likelihood of obtaining it; and

(iii) the circumstances in which the evidence or information that it is suspected might be obtained is suspected to have come

into the possession of any person from

whom it might be obtained.

(2)	If the Commission finds that it is satisfied that the grounds described in subsection (1) exist, the finding (an “exceptional powers finding”) is to be reduced to

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writing and a copy of it is to be given to the

Commissioner of Police.

47. Scope of Divisions 2 to 5

(1)

The purpose of Divisions 2 to 5 is to facilitate the

investigation of a section 5 offence.

(2)

The investigation of an offence includes the

investigation of a suspicion that the offence has been,

or is being, committed.

(3)

Divisions 2 to 5 apply if the Commission has made an exceptional powers finding in respect of the section 5 offence concerned.

Division 2 — Examination before Commission

48. Summoning witnesses to attend and produce things on application of Commissioner of Police

The Commission may, on the application of the Commissioner of Police for an organised crime summons, issue a signed summons under section 96

and cause it to be served under that section on the

person to whom it is addressed.

49. Examination of witnesses by Commissioner of Police

(1)

In participating in an organised crime examination, the Commissioner of Police is to be represented by a legal practitioner instructed for that purpose, who may be

assisted by others not so qualified but who are under

the direct supervision of a legal practitioner.

(2)

A person representing the Commissioner of Police

may, so far as the Commission thinks proper, examine

any witness summoned under an organised crime

summons on any matter that the Commission considers

relevant to the investigation.

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(3)	This section does not limit the operation of section 143.

50. Offences for which a person stands charged

(1)

A person summoned on an organised crime summons

cannot be examined about matters that may be relevant

to an offence with which the person stands charged, but

this section does not prevent any other person from

being examined about those matters.

(2)

For the purposes of this section a person stands charged

with an offence when —

(a)	the person is informed by the person investigating the offence that he or she will be charged with the offence;
(b)	the persons investigating the offence ought to have formed the view that the person should be charged with the offence,

whether or not at that time a complaint in respect of the

offence has been made or sworn; or

(c)	a complaint in respect of the offence is made or sworn,

whichever happens first.

Division 3 — Entry, search and related matters

51. Commission may limit exercise of power

(1)

The Commission may give directions limiting the

exercise of an exceptional power under Divisions 3, 4

and 5.

(2)

The Commission may revoke or vary directions under

this section or give further directions limiting the

exercise of the exceptional power.

(3)

Limitations may be expressed however the

Commission considers appropriate and, without

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Amendments to Corruption and Crime Commission Act 2003

s. 17

limiting other ways in which they may be expressed,

they may operate by reference to —

(a)	particular powers;

(b) particular circumstances;

(c)	particular persons;

(d) particular places;

(e)	particular articles; or
(f)	particular times or periods of time.

(4)

The Commission is to give, revoke, or vary a direction

under this section in writing a copy of which is to be

given to the Commissioner of Police.

(5)

A power under this Division cannot be exercised

contrary to a direction under this section.

(6)

The Commission may at any time revoke an exceptional powers finding by notice to the Commissioner of Police.

Commission Act 2003;

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

“Parliamentary Inspector of the Crime and

Corruption Commission” has the meaning given to “Parliamentary Inspector” under the Corruption and Crime Commission Act 2003;

”.

4. Section 14 amended

Section 14(1a), (1b) and (1c) are repealed.

5. Section 22A amended

Section 22A(1) is amended by inserting before “the Inspector” —

“ the Corruption and Crime Commission, ”.

6. Section 22B amended

Section 22B is amended as follows:

(a)	by deleting “or” after paragraph (aa);
(b)	in paragraph (b) by deleting “either” and inserting instead —

“

the Corruption and Crime Commission, the

Parliamentary Inspector,

”;

(c)	at the end of paragraph (b) by deleting the full stop and inserting a semicolon instead;
(d)	after paragraph (b) by inserting —

“

(c)	is disclosed to —

(i) the Corruption and Crime Commission; or

(ii)	Corruption and Crime Commission authorised for the purposes of this

a person who is an officer of the Crime Commission,

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of enactment

Schedule 1

and amendment of the Corruption and Crime Commission

Act 2003

and concerns a matter that is relevant to the

functions of the Corruption and Crime

Commission; or

(d)	is disclosed to a person who is —

(i) the Parliamentary Inspector of the Corruption and Crime Commission; or

(ii)	of the Corruption and Crime Commission authorised for the purposes

an officer of the Parliamentary Inspector Parliamentary Inspector,

and concerns a matter that is relevant to the

functions of the Parliamentary Inspector.

”.

7. Schedule 1 amended

Schedule 1 is amended by inserting before the item relating to the

Director of Public Prosecutions the following items —

“

The Corruption and Crime Commission under the

Corruption and Crime Commission Act 2003.

The Parliamentary Inspector of the Corruption and Crime

Commission under the Corruption and Crime Commission

Act 2003.

”.

Division 2 — Amendments to other Acts

8. Surveillance Devices Act 1998 amended

(1)

The amendments in this clause are to the Surveillance Devices

Act 1998*.

[* Act No. 56 of 1998.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 385.]

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

(2)	Section 3(1) is amended as follows:

(a)	by inserting in the appropriate alphabetical positions the following definitions —

“

“Corruption and Crime Commission” has the

meaning given to “Commission” in section 3 of

the Corruption and Crime Commission Act 2003;

“officer of the Corruption and Crime Commission”

has the meaning given to “officer of the

Commission” in section 3 of the Corruption and

Crime Commission Act 2003;

”;

(b)	in the definition of “authorized person” by inserting after paragraph (a) —

“

(aa)	in the case of the Corruption and Crime Commission, an officer of the Corruption and Crime Commission authorized for that purpose by the Commission; and

”;

(c)	in the definition of “emergency authorization” by inserting after “of the State,” —

“

an officer of the Corruption and Crime

Commission,

”;

(d)	in the definition of “law enforcement officer” by inserting after paragraph (a) —

“

(aa)	an officer of the Corruption and Crime Commission;

”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of enactment

Schedule 1

and amendment of the Corruption and Crime Commission

Act 2003

(3)	Section 4B(2) is amended as follows:

(a)	in paragraph (a) by deleting “Anti-Corruption Commission” and inserting instead —

“ Corruption and Crime Commission ”;

(b)

in paragraph (b) by deleting “an Anti-Corruption Commission “Anti-Corruption Commission Officer” ” and inserting instead —

“

an officer of the Corruption and Crime

Commission, other than in the definitions in

section 3(1) of “officer of the Corruption and

Crime Commission”

”;

(c)	in the Table by deleting “ “Anti-Corruption Commission” ” and inserting instead —

“ “Corruption and Crime Commission” ”.

(4)	Section 4B(8) is amended by deleting “chairman of the Anti-Corruption Commission” and inserting instead —
“ Corruption and Crime Commission ”.
(5)	Section 9(2)(a)(iii) is amended by inserting after “Police,” —
“ the Corruption and Crime Commission, ”.
(6)	Section 11 is amended by inserting after “State,” —
“ an officer of the Corruption and Crime Commission, ”.
(7)	After section 15(1)(a) the following is inserted —

“

(aa)	an officer of the Corruption and Crime Commission; or

”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

(8)	After section 15(3)(a) the following paragraph is inserted —

“

(aa)	in the case of an application by an officer of the Corruption and Crime Commission, is required to attach an authorisation of the Corruption and Crime Commission for the action proposed;

”.

(9)	Section 15(3)(f)(i) is amended by inserting after “State,” —
“ an officer of the Corruption and Crime Commission, ”.
(10)	Section 16(4) is amended by inserting after “State,” —
“ an officer of the Corruption and Crime Commission, ”.
(11)	Section 17(2)(d)(ii) is amended by inserting after “State,” —
“ officer of the Corruption and Crime Commission, ”.
(12)	After section 18 the following section is inserted —

“

18A.	Enhanced powers concerning surveillance devices

(1)

In this section —

“section 5 offence” has the meaning given by section 5

of the Corruption and Crime Commission

Act 2003.

(2)

This section has effect if —

(a)	a police officer applies under section 15 or 16 for a warrant and the offence concerned is a section 5 offence; or
(b)	an officer of the Corruption and Crime Commission applies under section 15 or 16 for a warrant.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of enactment

Schedule 1

and amendment of the Corruption and Crime Commission

Act 2003

(3)	The effects of this section are that —

(a)	instead of the court having to be satisfied that there are reasonable grounds for believing anything described in section 13(1)(a) or 17(1)(a), it is sufficient that the court be satisfied that there are reasonable grounds for suspecting it;
(b)	in the case of an application referred to in subsection (2)(a) the court to which the application is made is to regard the fact that the offence concerned is a section 5 offence as justifying investigative powers in addition to those that it might otherwise regard as being in the public interest;
(c)	in the case of an application referred to in subsection (2)(b), the court to which the application is made is to regard the fact that the application is made by the Corruption and Crime Commission or an officer of the Corruption and Crime Commission as justifying investigative powers in addition to those that it might otherwise regard as being in the public interest; and
(d)	anything that the warrant may authorise to be done if there is a reasonable belief as to any matter may be authorised by the warrant to be done also if there is a reasonable suspicion as to the matter.

”.

(13)	Section 20 is amended as follows:

(a)	by inserting after “State,” —

“

an officer of the Corruption and Crime Commission,

”;

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

(b)	by inserting after “member of the police force,” —

“

the officer of the Corruption and Crime Commission,

”.

(14)	After section 21(1)(c)(i) the following subparagraph is inserted —

“

(ia)	an offence punishable by 2 or more year’s imprisonment has been or may have been, is being or is about to be, or is likely to be, committed;

”.

(15)	Section 23(3) is amended by inserting after “publication of any” —
“

matter contrary to section 151 of the Corruption and

Crime Commission Act 2003, or any

”.

(16)	After section 31(3)(b)(i) the following subparagraphs are inserted —

“

(ia)

the Corruption and Crime Commission;

(ib)

the Parliamentary Inspector of the

Corruption and Crime Commission;

”.

(17)	Section 33(3) is amended by inserting after “publication of any” —
“

matter contrary to section 151 of the Corruption and

Crime Commission Act 2003, or any

”.

(18)	Section 40(3) is amended by inserting after “State,” —
“ any officer of the Corruption and Crime Commission, ”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of enactment

Schedule 1

and amendment of the Corruption and Crime Commission

Act 2003

(19)	Section 41(1), (2) and (3) are amended by inserting after “Police,” in each case —
“ the Corruption and Crime Commission, ”.
(20)	Section 41(1)(a) is amended by inserting after “State,” —
“ an officer of the Corruption and Crime Commission, ”.
(21)	Section 41(3) is amended by deleting “Anti-Corruption Commission” and inserting instead —
“ Corruption and Crime Commission ”.
(22)	After section 43(1) the following subsection is inserted —

“

(1a)

The Corruption and Crime Commission must, as soon as practicable after 30 June, but in any event not later than 31 August, in each year, furnish to the Attorney General a report on behalf of the Corruption and Crime

Commission in respect of the year ending on that

30 June, containing information relating to —

(a)	applications for warrants and extensions of warrants, including the number of such applications and the orders made in respect of such applications;

(b) applications for emergency authorisations,

including the number of such applications and

the authorisations issued in respect of such

applications; and

(c)	such other matters relating to the use of surveillance devices and the administration of this Act as the Attorney General may direct.

”.

(23)	Section 43(4) is amended by inserting after “Police,” —
“ the Corruption and Crime Commission, ”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

(24)	Section 44(1)(f) is amended by inserting after “Police,” —
“ the Corruption and Crime Commission, ”.

9. Telecommunications (Interception) Western Australia Act 1996 amended

(1)

The amendments in this clause are to the Telecommunications

(Interception) Western Australia Act 1996*.

[* Act No. 44 of 1996.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 388.]

(2)	The long title is amended by inserting after “enable” —
“ the Corruption and Crime Commission, ”.
(3)	Section 3(1) is amended as follows:

(a)	in the definition of “agency” by inserting after paragraph (a) —

“

(aa)	the Corruption and Crime Commission;

”;

(b)	in the definition of “certifying officer” by inserting before paragraph (a) —

“

(aa)	in relation to the Corruption and Crime Commission, the Commissioner as defined in section 3 of the Corruption and Crime Commission Act 2003; or

”;

(c)	in the definition of “chief officer” by inserting before paragraph (a) —

“

(aa)	in relation to the Corruption and Crime Commission, the Commissioner as defined

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of enactment

Schedule 1

and amendment of the Corruption and Crime Commission

Act 2003

in section 3 of the Corruption and Crime

Commission Act 2003; or

”;

(d)	after the definition of “Commonwealth Minister” by inserting the following definition —

“

“Corruption and Crime Commission” has the

meaning given to “Commission” in section 3 of

the Corruption and Crime Commission Act 2003;

”;

(e)	in the definition of “eligible authority” by inserting after “means” —

“ the Corruption and Crime Commission, ”;

(f)	in the definition of “officer” by inserting before paragraph (a) —

“

(aa)	in relation to the Corruption and Crime Commission, an officer of the Commission as defined in section 3 of the Corruption and Crime Commission Act 2003; or

”;

(g)	in the definition of “responsible Minister” by inserting before paragraph (a) —

“

(aa)	in relation to the Corruption and Crime Commission, the Attorney General; or

”.

(4)	Section 3A(d) is amended by inserting after “means” —

“ the Corruption and Crime Commission, ”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 1

Amendments to other Acts as a consequence of enactment

and amendment of the Corruption and Crime Commission

Act 2003

(5)	After section 5(1)(b) the following paragraph is inserted —

“

(ba)	in relation to each Part VI warrant whose authority is exercised by the authority, particulars of —

(i) the warrant;

(ii) the day on which, and the time at which, each interception under the warrant began;

(iii) the duration of each such interception;

(iv) the name of the person who carried out each such interception; and

(v)	each service to or from which

in relation to a named person warrant — under the warrant;

”.

(6)	After section 5(1) the following subsection is inserted —

“

(1a)	If a Part VI warrant is a named person warrant, the particulars referred to in subsection (1)(ba)(ii) must indicate the service in respect of which each
interception occurred.

”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of repeal of the

Schedule 2

Anti-Corruption Commission Act 1988

Schedule 2 — Amendments to other Acts as a consequence

of repeal of the Anti-Corruption Commission Act 1988

[s. 72, 74]

Division 1 — Parliamentary Commissioner Act 1971 amended

1. The Act amended

The amendments in this Division are to the Parliamentary

Commissioner Act 1971*.

[* Reprinted as at 16 March 2001.]

2. Section 4 amended

Section 4 is amended by deleting the definition of “Anti-Corruption

Commission”.

3. Section 22A amended

Section 22A(1) is amended by deleting “the Anti-Corruption

Commission,”.

4. Section 22B amended

Section 22B is amended as follows:

(a)	by deleting paragraph (a);
(b)	in paragraph (b) by deleting “the Anti-Corruption Commission”.

5. Schedule 1 amended

Schedule 1 is amended by deleting the item relating to the

Anti-Corruption Commission.

Division 2 — Amendments to other Acts

6. Court Security and Custodial Services Act 1999 amended

(1)

The amendments in this clause are to the Court Security and

Custodial Services Act 1999*.

[* Reprinted as at 13 July 2001.]

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 2	Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988

(2)	Section 38(l) is amended by deleting “the Anti-Corruption Commission Act 1988,”.

7. The Criminal Code amended

(1)	The amendments in this clause are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Act Compilation Act 1913).

For subsequent amendments see Acts Nos. 25, 28 and 30 of 2003.]

(2)	Section 570(1) is amended as follows:

(a)	by deleting the definition of “Anti-Corruption Commission official”;
(b)	in the definition of “interview” —

(i) by deleting “or” after paragraph (a); and

(ii) by deleting paragraph (b).

(3)	Section 570B(1) is amended in the definition of “authorised person” by deleting paragraph (da).
(4)	Section 570B(3a)(b) is deleted.
(5)	Section 570B(4) is amended by deleting “or an Anti-Corruption Commission official acting in the course of duty,”.
(6)	Section 570B(5) is amended by deleting “(da),”.
(7)	Section 570D(1) is amended in the definition of “admission” by deleting “or an Anti-Corruption Commission official”.
(8)	Section 570GA(1), (2) and (3) are each amended by deleting “the Anti-Corruption Commission or”.
(9)	Section 570GA(4) is amended in the definition of “interview” by deleting “or an Anti-Corruption Commission official”.
(10)	Section 570H(2)(ba) is deleted.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of repeal of the

Schedule 2

Anti-Corruption Commission Act 1988

8. Financial Administration and Audit Act 1985 amended

(1)

The amendment in this clause is to the Financial Administration and

Audit Act 1985*.

[* Reprinted as at 16 September 2002.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 139 and Act No. 31

of 2003.]

(2)	Schedule 1 is amended by deleting the item relating to the Anti-Corruption Commission.

9. Freedom of Information Act 1992 amended

(1)

The amendment in this clause is to the Freedom of Information

Act 1992*.

[* Reprinted as at 3 March 2000.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 151 and Acts Nos. 28 and

29 of 2003.]

(2)	Schedule 2 is amended by deleting the item relating to the Anti-Corruption Commission.

10. Juries Act 1957 amended

(1)	The amendments in this clause are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.

For subsequent amendments see Act No. 25 of 2003.]

(2)	Section 56B(2)(c) is deleted.
(3)	Section 56C(2)(c) is deleted.

11. Prisons Act 1981 amended

(1)	The amendments in this clause are to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 2	Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 311 and Act No. 29

of 2003.]

(2)	Section 15C(1) is amended by deleting “the Anti-Corruption Commission Act 1988,”.
(3)	Section 109I(5)(b) and “or” after it is deleted.
(4)	Section 109O(1) is amended by deleting “the Anti-Corruption Commission,”.
(5)	Section 109P(a) is deleted.
(6)	Section 109P(b) is amended by deleting “, the Anti-Corruption Commission”.

12. Public Interest Disclosure Act 2003 amended

(1)	The amendments in this clause are to the Public Interest Disclosure Act 2003*.
[* Act No. 29 of 2003.]
(2)	Section 3(1) is amended by deleting the definition of “Anti-Corruption Commission”.
(3)	Section 5(3)(a) is amended by deleting “or to the Anti-Corruption Commission”.
(4)	Section 11(2) is repealed.
(5)	Section 12(1) is amended by deleting “Anti-Corruption Commission, the” in both places where it occurs.
(6)	Section 12(2)(a) and “or” after it are deleted.
(7)	Section 16(1)(d) and (e) and “or” after paragraph (d) are deleted.
(8)	Section 16(3)(e) and (f) and “or” after paragraph (e) are deleted.

13. Salaries and Allowances Act 1975 amended

(1)	The amendment in this clause is to the Salaries and Allowances Act 1975*.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of repeal of the

Schedule 2

Anti-Corruption Commission Act 1988

[* Reprinted as at 8 September 2000.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 348.]

(2)	Section 7(1) is amended by deleting “and members of the Anti-Corruption Commission established under the Anti-Corruption Commission Act 1988,”.

14. Spent Convictions Act 1988 amended

(1)	The amendment in this clause is to the Spent Convictions Act 1988*.
[* Reprinted as at 1 September 2000 .

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 362.]

(2)	The Table to Schedule 3 is amended by deleting item 11.

15. Surveillance Devices Act 1998 amended

(1)

The amendments in this clause are to the Surveillance Devices

Act 1998*.

[* Act No. 56 of 1998.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 385.]

(2)	Section 3(1) is amended as follows:

(a)	by deleting the definitions of “Anti-Corruption Commission” and “Anti-Corruption Commission officer”;
(b)	in the definition of “authorized person” by deleting paragraph (b) and “and” after it;
(c)	in the definition of “emergency authorization” by deleting “, an Anti-Corruption Commission officer”;
(d)	by deleting paragraph (b) of the definition of “law enforcement officer”.

(3)

Section 9(2)(a)(iii) is amended by deleting “, the chairman or any

2 members of the Anti-Corruption Commission”.

(4)

Section 11 is amended by deleting “, an Anti-Corruption Commission

officer”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Schedule 2	Amendments to other Acts as a consequence of repeal of
the Anti-Corruption Commission Act 1988

(5)	Section 15(1)(b) and “or” after it is deleted.
(6)	Section 15(3)(b) is deleted.
(7)	Section 15(3)(f)(i) is amended by deleting “, Anti-Corruption Commission officer”.
(8)	Section 16(4) is amended by deleting “, an Anti-Corruption Commission officer”.
(9)	Section 17(2)(d)(ii) is amended by deleting “, the Anti-Corruption Commission officer”.
(10)	Section 20 is amended as follows:

(a)	by deleting “, an Anti-Corruption Commission officer”;
(b)	by deleting “, the Anti-Corruption Commission officer”.

(11)	Section 21(1)(c)(i) is deleted.
(12)	Section 23(3) is amended by deleting “, or any information or allegation contrary to section 54 of the Anti-Corruption Commission Act 1988”.
(13)	Section 31(3)(b)(ii) is deleted.
(14)	Section 33(3) is amended by deleting “, or any information or allegation contrary to section 54 of the Anti-Corruption Commission Act 1988”.
(15)	Section 40(3) is amended by deleting “, any Anti-Corruption Commission officer”.
(16)	Section 41(1), (2) and (3) are amended by deleting “, the Anti-Corruption Commission” in each place it occurs.
(17)	Section 41(1)(a) is amended by deleting “, an Anti-Corruption Commission officer”.
(18)	Section 43(2) is repealed.
(19)	Section 43(4) is amended by deleting “, the chairman of the Anti-Corruption Commission”.
(20)	Section 44(1)(f) is amended by deleting “, the chairman of the Anti-Corruption Commission”.

Corruption and Crime Commission Amendment and Repeal Act 2003

Amendments to other Acts as a consequence of repeal of the

Schedule 2

Anti-Corruption Commission Act 1988

16. Telecommunications (Interception) Western Australia Act 1996 amended

(1)

The amendments in this clause are to the Telecommunications

(Interception) Western Australia Act 1996*.

[* Act No. 44 of 1996.

For subsequent amendments see Western Australian Legislation

Information Tables for 2002, Table 1, p. 388.]

(2)

The long title is amended by deleting “, the Anti-Corruption

Commission”.

(3)

Section 3(1) is amended as follows:

(a)	in the definition of “agency” by deleting paragraph (ba);
(b)	by deleting the definition of “Anti-Corruption Commission”;
(c)	in the definition of “certifying officer” by deleting paragraph (a) and “or” after it;
(d)	in the definition of “chief officer” by deleting paragraph (a) and “or” after it;
(e)	in the definition of “eligible authority” by deleting “, the Anti-Corruption Commission”;
(f)	in the definition of “officer” by deleting paragraph (a) and “or” after it;
(g)	in the definition of “responsible Minister” by deleting paragraph (a) and “or” after it.

(4)	Section 3A(d) is amended by deleting “the Anti-Corruption Commission,”.