Corruption, Crime and Misconduct Act 2003 (WA)

Western Australia

Western Australia

Corruption, Crime and Misconduct Act 2003

An Act to —

• •

  provide for the establishment and operation of a Corruption and Crime Commission with functions with respect to serious misconduct by public officers and organised crime and with respect to the confiscation of unexplained wealth and criminal benefits; and

• •

  confer on the Public Sector Commissioner functions with respect to misconduct by public officers; and

• •

  provide for the establishment and operation of a Parliamentary Inspector of the Corruption and Crime Commission.

[Long title amended: No. 78 of 2003 s. 4; No. 35 of 2014 s. 4; No. 10 of 2018 s. 4.]

[Heading inserted: No. 78 of 2003 s. 7(1).]

This Act may be cited as theCorruption, Crime and Misconduct Act 2003.

[Section 1 amended: No. 35 of 2014 s. 5.]

• (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.

• (1)

  In this Act unless the contrary intention appears —

A‑CC means the Anti‑Corruption Commission established under the Anti‑Corruption Commission Act 1988 1;

allegation means —

• (a)

  a report made to the Commission under section 25; or

• (b)

  a proposition initiated by the Commission under section 26(1); or

• (c)

  a matter notified to the Commission under section 28(2); or

• (d)

  an allegation referred to the Commission under section 45M(d); or

• (e)

  a received matter; or

• (f)

  a report made to the Public Sector Commissioner under section 45E(1); or

• (g)

  a proposition initiated by the Public Sector Commissioner under section 45F(1); or

• (h)

  a matter notified to the Public Sector Commissioner under section 45H(2);

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 the Commission, an independent agency or either House of Parliament;

authorised officer has the meaning given in section 184(1);

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;

Commission means the Corruption and Crime Commission established under this Act;

Commissioner means the person holding the office of Commissioner established under this Act or acting in that office for the reasons mentioned in section 13A(1)(a) or 14(1)(a);

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, the Declared Places…