Crime and Corruption Act 2001 (Qld)

Crime and Corruption Act 2001

An Act to provide for the establishment and operation of a Crime and Corruption Commission, and a Parliamentary Crime and Corruption Committee, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Crime and Corruption Act 2001.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

Part 2    Purpose

4   Act’s purposes

(1)The main purposes of this Act are—

(a)to combat and reduce the incidence of major crime; and

(b)to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector.

(2)The Act also has as the purpose to facilitate the commission’s involvement in a confiscation related investigation.

5   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 Crime and Corruption Commission.

(2)The commission is to have investigative powers, not ordinarily available to the police service, that will enable the commission to effectively investigate major crime and criminal organisations and their participants.

(3)Also, the commission is to—

(a)investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct; and

(b)help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so.

(4)Further, the commission has particular powers for confiscation related investigations for supporting its role under the Confiscation Act.

Part 3    Overview

6   Purpose of pt 3

The purpose of this part is to briefly outline the responsibilities of relevant entities under this Act.

7   Crime and Corruption Commission

The Crime and Corruption Commission has primary responsibility for the achievement of the Act’s purposes.

8   Crime Reference Committee

The Crime Reference Committee—

(a)has responsibility for—

(i)referring major crime to the commission for investigation; and

(ii)authorising the commission to undertake specific intelligence operations; and

(b)has a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency.

9   Parliamentary Crime and Corruption Committee

The Parliamentary Crime and Corruption Committee is a standing committee of the Legislative Assembly with particular responsibility for monitoring and reviewing the commission’s performance.

10   Parliamentary Crime and Corruption Commissioner

The Parliamentary Crime and Corruption Commissioner is an officer of the Parliament who helps the Parliamentary Crime and Corruption Committee in the performance of its functions.

11   Public Interest Monitor

The Public Interest Monitor has a right of appearance before a court hearing an application by the commission for a surveillance warrant or covert search warrant and is entitled to test the appropriateness and validity of the application before the court.

Part 4    Interpretation

Division 1 Definitions

12   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Corrupt conduct

13   Purpose of div 2

This division provides for the meaning of corrupt conduct for this Act.

Note—

Under section 35(3), the commission, in performing its corruption function under section 33(1)(b), must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration.

14   Definitions for div 2

In this division—

appointment means appointment in a unit of public administration.

conduct includes—

(a)neglect, failure and inaction; and

(b)conspiracy to engage in conduct; and

(c)attempt to engage in conduct.

15   Meaning of corrupt conduct

(1)Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that—

(a)adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of—

(i)a unit of public administration; or

(ii)a person holding an appointment; and

(b)results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that—

(i)is not honest or is not impartial; or

(ii)involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or

(iii)involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and

(c)would, if proved, be—

(i)a criminal offence; or

(ii)a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

(2)Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that—

(a)impairs, or could impair, public confidence in public administration; and

(b)involves, or could involve, any of the following—

(i)collusive tendering;

(ii)fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)—

(A) protecting health or safety of persons;

(B)protecting the environment;

(C)protecting or managing the use of the State’s natural, cultural, mining or energy resources;

(iii)dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;

(iv)evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;

(v)fraudulently obtaining or retaining an appointment; and

(c)would, if proved, be—

(i)a criminal offence; or

(ii)a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

16   Conduct happening over time, or at any time, may be corrupt conduct

(1)Conduct may be corrupt conduct even though—

(a)it happened before the relevant commencement; or

(b)some or all of the effects or elements necessary to constitute corrupt conduct happened before the relevant commencement; or

(c)a person involved in the conduct is no longer the holder of an appointment.

(2)Conduct engaged in by, or in relation to, a person at a time when the person is not the holder of an appointment may be corrupt conduct, if the person becomes the holder of an appointment.

(3)In this section—

relevant commencement means—

(a)generally—the commencement of this Act; and

(b)for corrupt conduct under section 15(2)—the commencement of that subsection.

17   Conduct outside Queensland may be corrupt conduct

Conduct may be corrupt conduct regardless of—

(a)where the conduct happens; or

(b)whether the law relevant to the conduct is a law of Queensland or of another jurisdiction.

18   Conspiracy or attempt to engage in conduct may be corrupt conduct

A conspiracy or an attempt to engage in conduct is not excluded from being corrupt conduct if, had the conspiracy or attempt been brought to fruition by the taking of a further step, the further step could constitute or involve—

(a)an offence; or

(b)grounds for terminating a person’s services in a unit of public administration, if the person is or were the holder of an appointment in the unit.

19   Corrupt conduct not affected by time limitations

Conduct does not stop being corrupt conduct only because a proceeding or an action for an offence to which the conduct is relevant can no longer be brought or continued or that action for termination of services because of the conduct can no longer be taken.

Division 3 Units of public administration

20   Meaning of unit of public administration

(1)Each of the following is a unit of public administration—

(a)the Legislative Assembly, and the parliamentary service;

(b)the Executive Council;

(c)a department;

(d)the police service;

(da)a local government;

(e)a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act;

(f)a noncorporate entity, established or maintained under an Act, that—

(i)is funded to any extent with State moneys; or

(ii)is financially assisted by the State;

(g)a State court, of whatever jurisdiction, and its registry and other administrative offices;

(h)another entity prescribed under a regulation.

(2)However, none of the following is a unit of public administration—

(a)the commission;

(b)the parliamentary commissioner;

(c)the entity consisting of—

(i)the parliamentary commissioner; and

(ii)officers and employees of the parliamentary service assigned to the parliamentary commissioner; and

(iii)persons engaged to provide the parliamentary commissioner with services, information or advice;

(d)an entity declared by an Act not to be a unit of public administration.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(h) prescribing an entity to be a unit of public administration only if the Minister—

(a)is satisfied the entity—

(i)is supported directly or indirectly by government funds or other government assistance; or

(ii)is an entity over which government is in a position to exercise control; or

(iii)is established under an Act; or

(iv)is given public functions under an Act; and

(b)considers it is in the public interest for the entity to be prescribed as a unit of public administration.

(4)In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters—

(a)if the entity is a company, whether it is a company limited by shares;

(b)the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;

(c)the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;

(d)the extent to which functions of the entity have previously been performed by government;

(e)the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission;

(f)any other relevant matter.

(5)Also, for subsection (1)(h), an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions.

21   Holding appointment in unit of public administration

A person holds an appointment in a unit of public administration if the person holds any office, place or position in the unit, whether the appointment is by way of election or selection.

Division 4 References to major crime and corruption

22   References to major crime or corruption include suspected major crime or suspected corruption

(1)A reference to major crime includes, in the context of a crime investigation, suspected major crime.

(2)A reference to corruption includes, in the context of a complaint or a corruption investigation, suspected corruption.

Division 5 Terrorist acts

22A   Meaning of terrorist act

(1)An action is a terrorist act if—

(a)it does any of the following—

(i)causes serious harm that is physical harm to a person;

(ii)causes serious damage to property;

(iii)causes a person’s death;

(iv)endangers the life of someone other than the person taking the action;

(v)creates a serious risk to the health or safety of the public or a section of the public;

(vi)seriously interferes with, seriously disrupts, or destroys an electronic system; and

(b)it is done with the intention of advancing a political, religious or ideological cause; and

(c)it is done with the intention of—

(i)coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or

(ii)intimidating the public or a section of the public.

(2)A threat of action is a terrorist act if—

(a)the threatened action is likely to do anything mentioned in subsection (1)(a)(i) to (vi); and

(b)the threat is made with the intentions mentioned in subsection (1)(b) and (c).

(3)However, an action or threat of action is not a terrorist act if the action or threatened action—

(a)is advocacy, protest, dissent or industrial action; and

(b)is not intended—

(i)to cause serious harm that is physical harm to a person; or

(ii)to cause a person’s death; or

(iii)to endanger the life of a person, other than the person taking the action; or

(iv)to create a serious risk to the health or safety of the public or a section of the public.

(4)A reference in this section to a person or property is a reference to a person or property wherever situated, within or outside the State (including within or outside Australia).

(5)In this section—

electronic system includes any of the following electronic systems—

(a)an information system;

(b)a telecommunications system;

(c)a financial system;

(d)a system used for the delivery of essential government services;

(e)a system used for, or by, an essential public utility;

(f)a system used for, or by, a transport system.

physical harm includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

public includes the public of another State or of a country other than Australia.

serious harm means harm, including the cumulative effect of any harm, that—

(a)endangers, or is likely to endanger, a person’s life; or

(b)is, or is likely to be, significant and longstanding.

threat includes a threat made by conduct, whether express or implied and whether conditional or unconditional.

Chapter 2    Commission functions, investigations, reporting and statements

Part 1    Prevention

23   Commission’s prevention function

The commission has a function (its prevention function) of helping to prevent major crime and corruption.

24   How commission performs its prevention function

Without limiting the ways the commission may perform its prevention function, the commission performs the function by—

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

(b)analysing the results of its investigations and the information it gathers in performing its functions; and

(c)analysing systems used within units of public administration to prevent corruption; and

(d)using information it gathers from any source in support of its prevention function; and

(e)providing information to, consulting with, and making recommendations to, units of public administration; and

(f)providing information relevant to its prevention function to the general community; and

(g)ensuring that in performing all of its functions it has regard to its prevention function; and

(h)generally increasing the capacity of units of public administration to prevent corruption by providing advice and training to the units and, if asked, to other entities; and

(i)reporting on ways to prevent major crime and corruption.

Part 2    Crime

Division 1 Crime functions

25   Commission’s crime function

The commission has a function (its crime function)—

(a)to investigate major crime referred to it, under division 2, by the reference committee; and

(b)to investigate, under an authorisation under section 55D, incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in.

26   How commission performs its crime function

Without limiting the ways the commission may perform its crime function, the commission performs its crime function by—

(a)investigating major crime referred to it, under division 2, by the reference committee; and

(b)when conducting investigations under paragraph (a), gathering evidence for—

(i)the prosecution of persons for offences; and

(ii)the recovery of the proceeds of major crime; and

(iii)the recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act; and

(c)liaising with, providing information to, and receiving information from, other law enforcement agencies and prosecuting authorities, including agencies and authorities outside the State or Australia, about major crime.

Division 2 Referrals by reference committee

26A   Definitions for div 2

In this division—

general referral see section 27(4).

referral means—

(a)a specific referral; or

(b)a general referral.

specific referral see section 27(2).

27   Referrals to commission

(1)The reference committee may refer—

(a)a particular incident of major crime to the commission for investigation; or

(b)major crime to the commission for investigation.

Examples of major crime that may be referred under paragraph (b)—

•terrorism

•criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children

•organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering

•criminal activity involving drug trafficking and violence engaged in by members of (generally identified) motorcycle gangs and their associates

(2)A reference under subsection (1)(a) is called a specific referral.

(3)A specific referral must identify—

(a)the particular incident of major crime to be investigated by the commission; and

(b)at least 1 of the following—

(i)the persons involved, or suspected of being involved, in the particular incident of major crime;

(ii)the activity constituting, or suspected of constituting, the particular incident of major crime.

(4)A reference under subsection (1)(b) is called a general referral.

(5)A general referral—

(a)must identify the major crime to be investigated by the commission; and

(b)may identify either or both of the following—

(i)the persons involved, or suspected of being involved, in the major crime;

(ii)the activities constituting, or suspected of constituting, the major crime.

(6)A referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed.

(7)A referral may be made by the reference committee—

(a)for a specific referral—

(i)on its own initiative; or

(ii)if asked by the senior executive officer (crime); or

(iii)if asked by the commissioner of police; or

(b)for a general referral—

(i)on its own initiative; or

(ii)if asked by the senior executive officer (crime).

(8)A referral must be in writing.

28   Matters about which the reference committee must be satisfied before making a referral

(1)The reference committee may make a specific referral only if it is satisfied—

(a)the police service has carried out an investigation into the particular incident of major crime that has not been effective; and

(b)further investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and

(c)it is in the public interest to refer the particular incident of major crime to the commission for investigation.

(2)The reference committee may make a general referral only if it is satisfied it is in the public interest to refer the major crime to the commission for investigation.

(3)Without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer a particular incident of major crime, or major crime, to the commission for investigation, the reference committee may have regard to the following—

(a)the number of persons that may be involved;

(b)the degree of planning and organisation likely to be involved;

(c)the seriousness of, or the consequences of, the particular incident of major crime or the major crime;

(d)the person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime;

(e)the likely involvement of the person or persons in similar activities;

(f)the financial or other benefits likely to be derived by any person;

(g)whether investigation by the commission is a justifiable use of resources.

(4)Also, without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer major crime to the commission for investigation (that is, a general referral), the reference committee may have regard to the likely effectiveness of investigation into the major crime using powers ordinarily available to the police service.

29   Reference committee may give commission directions about investigations

(1)The reference committee may give the commission directions imposing limitations on a crime investigation, including limitations on the exercise of the commission’s powers for the investigation.

(2)The reference committee may also direct the commission to end a particular crime investigation if the committee considers—

(a)it may be more appropriate for another entity to undertake the investigation; or

(b)it may be more effective for another entity to undertake the investigation; or

(c)investigation by the commission is not a justifiable use of resources; or

(d)investigation by the commission is not in the public interest.

(3)The commission must comply with a direction given under subsection (1) or (2).

(4)To remove any doubt, it is declared that section 29(2)(d) is not limited by section 28(3) or (4).

29A   Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral

(1)This section applies if the senior executive officer (crime) notifies the reference committee under section 277 that the commission has commenced a particular crime investigation under a general referral.

(2)The reference committee must, as soon as practicable after the reference committee is notified, consider whether to give the commission a direction under section 29(1) or (2) in relation to the particular crime investigation.

30   Amendment of referral to investigate

The reference committee may amend the terms of a referral to the commission on its own initiative or if asked by the senior executive officer (crime).

30A   Review and lapse of general referrals

(1)The reference committee must review each general referral within 5 years of it being made or last confirmed under subsection (5).

(2)In conducting the review, the reference committee must give fresh consideration to the matters mentioned in section 28(2) to (4) as if a reference in the subsections to a referral were a reference to a confirmation under subsection (5).

(3)The senior executive officer (crime) may make submissions to the reference committee about its decision on the review if the general referral was initially requested by the senior executive officer (crime).

(4)The reference committee may ask the senior executive officer (crime) to help the committee to conduct the review, and, if asked, the senior executive officer (crime) must give the committee the help it needs to conduct the review.

(5)In deciding the review, the reference committee may—

(a)confirm the referral with or without amendment; or

(b)replace the referral with a referral to the commissioner of police under section 31; or

(c)end the referral.

(6)If the reference committee does not act under subsection (5) before the end of the 5 year period mentioned in subsection (1), the referral lapses.

31   Referrals to police service

(1)The reference committee may refer a particular incident of major crime, or major crime, to the commissioner of police for investigation if it is satisfied that the matter is not appropriate for investigation or continued investigation by the commission.

(2)The referral must be written.

(3)The commissioner of police must, if asked by the reference committee, report to the committee on the referral.

(4)The commissioner of police must consider any comments about the referral made by the reference committee.

Division 3 Dealing with major crime

32   Police task forces and other operational agreements

(1)The chairperson may make arrangements with the commissioner of police for the establishment of a police task force to help the commission to carry out a crime investigation.

(2)A police task force is under the control and direction of the commissioner of police.

(3)The commission may enter into operational agreements with other entities, including an entity mentioned in section 275(d).

Part 3    Corruption

Division 1 Corruption functions

33   Commission’s corruption functions

(1)The commission has the following functions for corruption (the corruption functions)—

(a)to raise standards of integrity and conduct in units of public administration;

(b)to ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34.

(2)The commission’s corruption functions also include—

(a)investigating and otherwise dealing with—

(i)conduct liable to allow, encourage or cause corrupt conduct; and

(ii)conduct connected with corrupt conduct; and

(b)investigating whether corrupt conduct or conduct mentioned in paragraph (a)(i) or (ii) may have happened, may be happening or may happen.

34   Principles for performing corruption functions

It is the Parliament’s intention that the commission apply the following principles when performing its corruption functions—

(a)Cooperation

•to the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption

•the commission and units of public administration should work cooperatively to deal with corruption

(b)Capacity building

•the commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately

(c)Devolution

•subject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit

(d)Public interest

•the commission has an overriding responsibility to promote public confidence—

•in the integrity of units of public administration and

•if corruption does happen within a unit of public administration, in the way it is dealt with

•the commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following—

•the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption

•the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration

•any likely increase in public confidence in having the corruption dealt with by the commission directly.

35   How commission performs its corruption functions

(1)Without limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following—

(a)expeditiously assessing complaints about, or information or matters (also complaints) involving, corruption made or notified to it;

(b)referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official;

(c)performing its monitoring role for police misconduct as provided for under section 47(1);

(d)performing its monitoring role for corrupt conduct as provided for under section 48(1);

(e)dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration;

(f)investigating and otherwise dealing with, on its own initiative—

(i)the incidence, or particular cases, of corruption throughout the State; or

(ii)the matters mentioned in section 33(2);

(g)assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34;

(h)when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for—

(i)the prosecution of persons for offences; or

(ii)disciplinary proceedings against persons;

(i)assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption;

(j)providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way;

(k)providing information generally about how it performs its corruption functions by reporting and making statements to the public;

(l)reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered;

(m)providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to—

(i)provide transparency about how it performs its corruption functions; or

(ii)assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or

(iii)continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.

(2)In performing its corruption functions in a way mentioned in subsection (1), the commission should, whenever possible, liaise with a relevant public official.

(3)In performing its corruption function under section 33(1)(b), the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration.

35A   Chief executive officer may issue direction about commission’s corruption function about complaints

(1)The chief executive officer may issue a direction about how commission officers are to decide whether a complaint involves, or may involve, a more serious case of corrupt conduct or a case of systemic corrupt conduct within a unit of public administration.

(2)In issuing a direction under subsection (1), the chief executive officer is subject to the direction and control of the chairperson.

(3)A commission officer must comply with a direction issued under subsection (1).

35B   Publication of information about how commission performs its corruption function about complaints

(1)The chief executive officer must publish, on a publicly accessible website of the commission, information about the commission’s systems and procedures for dealing with complaints about corruption.

(2)The information published on the website must include the following—

(a)the standard timeframes adopted by the commission for assessing, investigating and completing its dealing with complaints about corruption;

(b)the standard procedures adopted by the commission for assessing and investigating complaints about corruption;

(c)how the commission monitors the progress of complaints about corruption being dealt with by the commission to ensure they are being dealt with in a timely way;

(d)what action the commission takes if the standard timeframes are not met for a complaint about corruption being dealt with by the commission to ensure the complaint is dealt with in a timely way.

Division 2 How to make a complaint

36   Complaining about corruption

(1)A person may make a complaint about corruption to the commission for the purpose of the commission dealing with the complaint under section 35.

(2)Subsection (1) does not limit to whom a person can complain about corruption.

Examples—

1A person may complain directly to the commissioner of police about corruption.

2A person may complain directly to the chief executive of a government department about corruption happening within the department.

(3)A person may also give information or matter involving corruption to the commission.

Examples of information or matter involving corruption that may be given to the commission—

•information given to the commission through a commission activity, including, for example—

•evidence given by a witness at a commission hearing

•information obtained through telephone interception or a covert operation

•evidence gathered through a corruption investigation

•a routine departmental audit report

•an intelligence report from a law enforcement agency

•a Crime Stoppers report

•information about a significant police event such as a death in police custody or police shooting

•information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry

Division 3 Duty to notify

37   Duty to notify commission of police misconduct

(1)This section applies if the commissioner of police reasonably suspects that a complaint, or information or matter (also a complaint), involves police misconduct.

(2)The commissioner of police must notify the commission of the complaint, subject to section 40.

38   Duty to notify commission of corrupt conduct

(1)This section applies if a public official reasonably suspects that a complaint, or information or matter (also a complaint), involves, or may involve, corrupt conduct.

(2)The public official must notify the commission of the complaint, subject to section 40.

39   Duty to notify is paramount

(1)The duty of a public official to notify the commission of a complaint under section 37 or 38 must be complied with despite—

(a)the provisions of any other Act, other than the Police Service Administration Act 1990, section 6A.1(3); or

(b)any obligation the person has to maintain confidentiality about a matter to which the complaint relates.

(2)Subsection (1) does not affect an obligation under another Act to notify corruption.

40   Commission may issue directions about notifications

(1)The commission may issue directions about the following—

(a)the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38;

(b)how and when a public official must notify the commission of complaints under section 37 or 38.

(2)Before issuing a direction, the commission must consult with, and consider the views of—

(a)the relevant public official; and

(b)if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022—the Public Sector Commission under that Act.

(3)In particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000, section 266 or the Drugs Misuse Act 1986, section 119, the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality.

(4)A public official must comply with a direction given under subsection (1).

(5)The commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent.

40A   Record of alleged corrupt conduct not notified

(1)This section applies if a public official decides that a complaint, or information or matter, about alleged corrupt conduct is not required to be notified to the commission under section 38.

(2)The public official must make a record of the decision.

(3)The record must include—

(a)the details of the complaint or information or matter; and

(b)the evidence on which the public official relied in making the decision; and

(c)any other reasons for the decision.

(4)The commission may ask a public official to give the commission access to a record made under this section in a stated way and by a stated time.

(5)A public official must comply with a request made of the official under subsection (4).

Division 4 Dealing with complaints and other matters

Subdivision 1 Commissioner of police

41   Responsibility of commissioner of police

(1)The commissioner of police has primary responsibility for dealing with complaints about, or information or matter the commissioner of police reasonably suspects involves, police misconduct.

(2)The commissioner of police also has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to the commissioner of police by the commission.

42   Dealing with complaints—commissioner of police

(1)The commissioner of police must expeditiously assess complaints, or information or matter (also a complaint) made or notified to, or otherwise coming to the attention of, the commissioner of police.

(2)The commissioner of police must deal with a complaint about police misconduct in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.

(3)If the commissioner of police is satisfied that—

(a)a complaint—

(i)is frivolous or vexatious; or

(ii)lacks substance or credibility; or

(b)dealing with the complaint would be an unjustifiable use of resources;

the commissioner of police may take no action or discontinue action taken to deal with the complaint.

(4)The commissioner of police may, in an appropriate case, ask the commission to deal with a complaint about police misconduct or to deal with the complaint in cooperation with the commissioner of police.

(5)If the commission refers a complaint about corrupt conduct to the commissioner of police to be dealt with, the commissioner of police must deal with the complaint in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.

(6)Without limiting how the commissioner of police may deal with a complaint about corrupt conduct, the commissioner of police may ask the commission to deal with the complaint in cooperation with the commissioner of police.

(7)If a person makes a complaint that is dealt with by the commissioner of police, the commissioner of police must give the person a response stating—

(a)if no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or

(b)if action is taken on the complaint by the commissioner of police—

(i)the action taken; and

(ii)the reason the commissioner of police considers the action to be appropriate in the circumstances; and

(iii)any results of the action that are known at the time of the response.

(8)However, the commissioner of police is not required to give a response to the person—

(a)if the person has not given the person’s name and address or does not require a response; or

(b)if the response would disclose information the disclosure of which would be contrary to the public interest.

Subdivision 2 Other units of public administration

43   Responsibility of public officials, other than the commissioner of police

A public official, other than the commissioner of police, has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to it by the commission.

44   Dealing with complaints—public officials other than the commissioner of police

(1)This section does not apply to the police service.

(2)A public official must deal with a complaint about, or information or matter (also a complaint) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission’s monitoring role.

(3)If the public official is satisfied that—

(a)a complaint—

(i)is frivolous or vexatious; or

(ii)lacks substance or credibility; or

(b)dealing with the complaint would be an unjustifiable use of resources;

the public official may take no action or discontinue action taken to deal with the complaint.

(4)A public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official.

(5)If a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating—

(a)if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or

(b)if action is taken on the complaint by the public official—

(i)the action taken; and

(ii)the reason the public official considers the action to be appropriate in the circumstances; and

(iii)any results of the action that are known at the time of the response.

(6)However, the public official is not required to give a response to the person—

(a)if the person has not given the person’s name and address or does not require a response; or

(b)if the response would disclose information the disclosure of which would be contrary to the public interest.

Subdivision 3 Commission

45   Responsibility of commission

(1)The commission has primary responsibility for dealing with complaints about, or information or matter involving, corrupt conduct.

(2)The commission is responsible for monitoring how the commissioner of police deals with police misconduct.

46   Dealing with complaints—commission

(1)The commission deals with a complaint about, or information or matter (also a complaint) involving, corruption by—

(a)expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and

(b)taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34.

(2)The commission may take the following action—

(a)deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with;

(b)refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role;

(c)without limiting paragraph (b), refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with;

(d)if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role;

(e)if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role;

(f)if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official—

(i)deal with the complaint; or

(ii)deal with the complaint in cooperation with the public official; or

(iii)advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role;

(g)if the commission is satisfied that—

(i)the complaint—

(A)is frivolous or vexatious; or

(B)lacks substance or credibility; or

(C)is not made in good faith; or

(D)is made primarily for a mischievous purpose; or

(E)is made recklessly or maliciously; or

(ii)dealing with the complaint—

(A)would not be in the public interest; or

(B)would be an unjustifiable use of resources; or

(iii)the subject matter of the complaint—

(A)is not within the commission’s functions; or

(B)has been dealt with by another entity;

take no action or discontinue action.

(3)For taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs.

(4)A public official must comply with a requirement made under subsection (3).

(5)If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating—

(a)if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or

(b)if action is taken on the complaint by the commission—

(i)the action taken; and

(ii)the reason the commission considers the action to be appropriate in the circumstances; and

(iii)any results of the action that are known at the time of the response.

Note—

See section 48B in relation to limitations on the commission’s findings, recommendations and statements.

(6)However, the commission is not required to give a response—

(a)to the person if—

(i)the person has not given the person’s name and address or does not require a response; or

(ii)the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or

(b)that discloses information the disclosure of which would be contrary to the public interest.

(7)Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official’s functions.

46A   Dealing with matters mentioned in s 33(2)

(1)This section applies to a matter mentioned in section 33(2).

(2)The commission deals with the matter by—

(a)assessing the matter; and

(b)if the commission considers it appropriate, investigating the matter; and

(c)taking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34(d).

(3)For dealing with the matter, the commission may require a public official to provide stated information about the matter in the way and at the times the commission directs.

(4)A public official must comply with a requirement made under subsection (3).

47   Commission’s monitoring role for police misconduct

(1)The commission may, having regard to the principles stated in section 34—

(a)issue advisory guidelines for the conduct of investigations by the commissioner of police into police misconduct; or

(b)review or audit the way the commissioner of police has dealt with police misconduct, in relation to either a particular complaint or a class of complaint; or

(c)assume responsibility for and complete an investigation by the commissioner of police into police misconduct.

(2)The commissioner of police must give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation.

(3)If the commission assumes responsibility for an investigation, the commissioner of police must stop the commissioner’s investigation or any other action that may impede the investigation if directed to do so by the commission.

(4)In this section—

complaint, about police misconduct, includes information or matter involving police misconduct.

48   Commission’s monitoring role for corrupt conduct

(1)The commission may, having regard to the principles stated in section 34—

(a)issue advisory guidelines for the conduct of investigations by public officials into corrupt conduct; or

(b)review or audit the way a public official has dealt with corrupt conduct, in relation to either a particular complaint or a class of complaint; or

(c)require a public official—

(i)to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or

(ii)to undertake the further investigation into the corrupt conduct that the commission directs; or

(d)assume responsibility for and complete an investigation by a public official into corrupt conduct.

(2)The public official must—

(a)give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation; and

(b)comply with a requirement made under subsection (1)(c).

(3)If the commission assumes responsibility for an investigation, the public official must stop the official’s investigation or any other action that may impede the investigation if directed to do so by the commission.

(4)In this section—

complaint, about corrupt conduct, includes information or matter involving corrupt conduct.

Subdivision 4 Miscellaneous provisions

48A   Policy about how complaints involving public official are to be dealt with

(1)A public official must, in consultation with the chairperson, prepare a policy about how the unit of public administration for which the official is responsible will deal with a complaint that involves or may involve corruption of the public official.

(2)The policy may nominate a person other than the public official to notify the commission of the complaint under section 37 or 38, and to deal with the complaint under subdivision 1 or 2, on behalf of the public official.

(3)If the policy includes a nomination as mentioned in subsection (2), this Act applies as if a reference about notifying or dealing with the complaint to the public official were a reference to the nominated person.

Example of operation of subsection (3)—

If a policy prepared under this section for a unit of public administration includes a nomination as mentioned in subsection (2)—

(a)under section 38 as applying under subsection (3), the nominated person must notify the commission of complaints about the relevant public official that the person suspects involve or may involve corrupt conduct; and

(b)under section 35(1)(b) as applying under subsection (3), the commission may refer complaints about the relevant public official to the nominated person for the nominated person to deal with; and

(c)under section 42 or 44 as applying under subsection (3), the nominated person must deal with complaints about the relevant public official referred to the nominated person by the commission.

(4)In this section—

complaint includes information or matter.

48B    Limitation on commission’s findings, recommendations and statements

(1)Despite any other law, including sections 46, 64, 64A and 65A, the commission must not—

(a)make any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or

(b)make any finding, recommendation or statement that—

(i)a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or

(ii)prosecution proceedings or disciplinary action should be considered in relation to a person; or

(c)make any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.

(2)However, subsection (1)(b)(ii) and (c) does not apply in relation to—

(a)a report under division 5 or a proceeding relating to the report; or

(b)any information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.

(3)To remove any doubt, it is declared that subsection (1) does not prevent the commission making a factual statement—

(a)about a matter or thing that is already in the public domain; or

(b)to indicate that the commission has reported on a corruption investigation under division 5.

Division 5 Action following investigation

Subdivision 1 Reports about corruption complaints

49   Reports about complaints dealt with by the commission

(1)This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered.

(2)The commission may report on the investigation to any of the following as appropriate—

(a)a prosecuting authority, for the purpose of any prosecution proceedings;

Note—

Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation.

(b)the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court;

(c)the Chief Judge of the District Court, if the report relates to conduct of a District Court judge;

(d)the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court;

(e)the Chief Magistrate, if the report relates to conduct of a magistrate;

(f)the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office.

(3)If the commission decides that prosecution proceedings for an offence under the Criminal Code, section 57 should be considered, the commission must report on the investigation to the Attorney-General.

(4)A report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that—

(a)supports a charge that may be brought against any person as a result of the report; or

(b)supports a defence that may be available to any person liable to be charged as a result of the report; or

(c)supports the start of a proceeding under section 219F, 219FA or 219G against any person as a result of the report; or

(d)supports a defence that may be available to any person subject to a proceeding under section 219F, 219FA or 219G as a result of the report.

(5)Also, if the director of public prosecutions has given the commission written advice under section 49B in relation to an investigation, a report made under subsection (2)(a) or (3) about the investigation must be accompanied by the advice.

(6)In this section—

prosecuting authority—

(a)includes a police officer seconded to the commission under section 255; but

(b)does not include the director of public prosecutions.

Subdivision 2 Prosecution of corruption offences

49A   Definitions for subdivision

In this subdivision—

commence, a prosecution against a person, means—

(a)arrest the person; or

(b)make a complaint under the Justices Act 1886, section 42 in relation to the person; or

(c)serve a notice to appear on the person.

prosecuting authority—

(a)includes a police officer seconded to the commission under section 255; but

(b)does not include the director of public prosecutions.

prosecuting entity means the entity prosecuting a person, including, for example, the director of public prosecutions.

49B   Commencing prosecution

(1)This section applies if the commission intends reporting on a corruption investigation, under section 49(2)(a), to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against a person for a corruption offence arising from the investigation.

(2)Before the commission reports to the prosecuting authority, the commission must—

(a)provide a report on the investigation to the director of public prosecutions; and

(b)seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted.

(3)A report under subsection (2)(a) must contain, or be accompanied by, all relevant information known to the commission that—

(a)supports a charge that may be brought against the person; or

(b)supports a defence that may be available to the person.

(4)For subsection (3), the reference to all relevant information known to the commission includes a reference to evidence, documents and things—

(a)obtained by the commission through the exercise of the commission’s powers under this Act; and

(b)that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege.

(5)Despite any other law, including sections 174(2) and 255, but subject to section 49C, the prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation only if—

(a)the commission has acted under subsection (2) in relation to the investigation; and

(b)the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence.

49C   Commencing prosecution in exceptional circumstances

(1)The prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation without the commission acting under section 49B(2) if, in the opinion of the authority, there are exceptional circumstances.

Example of exceptional circumstances—

an emergent situation where an immediate arrest is essential

(2)If the prosecuting authority commences a prosecution against the person in the circumstances mentioned in subsection (1), the commission must, as soon as reasonably practicable—

(a)provide a report on the investigation to the director of public prosecutions; and

(b)seek the written advice of the director of public prosecutions in relation to the charge against the person.

(3)A report under subsection (2)(a) must contain, or be accompanied by, the information mentioned in section 49B(3).

(4)As soon as reasonably practicable after receiving the written advice of the director of public prosecutions, the commission must give a copy of the written advice—

(a)to the prosecuting entity; and

(b)if the written advice relates to a prosecution for an offence under the Criminal Code, section 57—to the Attorney-General.

(5)As soon as reasonably practicable after receiving the written advice, the prosecuting entity must—

(a)inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and

(b)either—

(i)if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or

(ii)if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice.

Examples of steps—

amend or withdraw the charge

(6)Subsection (4)(a) does not apply if the prosecuting entity is the director of public prosecutions.

49D   Process after commencing prosecution

(1)If a prosecuting authority commences a prosecution against the person for a corruption offence arising from the investigation, the prosecuting entity must, as soon as reasonably practicable after the prosecution is commenced, file a notice in the court before which the person is required to attend stating that—

(a)for a prosecution commenced under section 49B—

(i)the charge against the person is in accordance with the written advice of the director of public prosecutions; and

(ii)the written advice is subject to legal professional privilege and will not be given to the person; or

(b)for a prosecution commenced under section 49C—

(i)the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and

(ii)the prosecuting authority was of the opinion that exceptional circumstances applied; and

(iii)the prosecuting entity will inform the person when the written advice is received by the commission; and

(iv)the written advice will be subject to legal professional privilege and will not be given to the person.

(2)The notice must be in the form approved by the chief executive.

(3)The prosecuting entity must give a copy of the notice to the person.

(4)The prosecuting entity may—

(a)electronically file the notice in the court under subsection (1); and

(b)electronically give a copy of the notice to the person under subsection (3).

49E   Process if charge recommended but not laid

(1)This section applies if—

(a)the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B(2)(b); and

(b)the written advice states that a prosecution should be commenced against the person for a corruption offence; and

(c)the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and

(d)the prosecuting authority declines to commence a prosecution against the person for the offence.

(2)The commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1).

49F   Application of legal professional privilege to communications between commission and director of public prosecutions

(1)This section applies to communications made in or for the performance of the director of public prosecutions’ function of giving the commission written advice under this subdivision—

(a)as to whether the person should be prosecuted for a corruption offence; or

(b)in relation to the charge for a corruption offence against the person.

(2)Confidential communications between the commission and the director of public prosecutions are subject to legal professional privilege.

(3)If legal professional privilege attaches to a confidential communication under this section, the commission does not waive the privilege only because the commission complies with a provision of this Act that requires the commission to disclose the communication.

Examples of provisions requiring the commission to disclose a confidential communication—

•section 49(5)

•section 49C(4)

(4)To remove any doubt, it is declared that this section does not affect the operation of any law imposing an obligation on the prosecuting entity to disclose material to the person in the course of the prosecution.

49G   Memorandum of understanding

(1)The commission and the director of public prosecutions must enter into a memorandum of understanding to facilitate the operation of this subdivision.

(2)Without limiting subsection (1), the memorandum of understanding must provide for the following matters—

(a)the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example—

(i)the commission’s view on the appropriate charges to be laid in a case; and

(ii)any legal issues identified by the commission in a case;

(b)processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices;

(c)processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice;

(d)how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved;

(e)processes for the provision of additional information by the commission to the director of public prosecutions;

(f)the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person.

(3)Also without limiting subsection (1), the memorandum of understanding may provide guidance on circumstances that are exceptional circumstances for the purposes of section 49C(1).

(4)The commission must publish a copy of the memorandum of understanding on the commission’s website.

(5)As soon as practicable after the memorandum of understanding is entered into, the commission must advise the Minister of the fact.

(6)The commission must report at regular intervals to the Minister, the parliamentary committee and the parliamentary commissioner on the effectiveness and utility of the memorandum.

(7)A report under subsection (6) must include information about the timeliness of written advice provided by the director of public prosecutions under this subdivision.

Subdivision 3 Applications to QCAT about corrupt conduct

50   Commission may apply to QCAT about corrupt conduct

(1)This section applies if the commission—

(a)reports to the chief executive officer of a unit of public administration under section 49(2)(f); and

(b)considers there is evidence supporting the start of a disciplinary proceeding against a prescribed person in the unit of public administration in relation to a complaint about, or information or matter involving, corruption.

(2)The commission may apply, as provided under the QCAT Act, to QCAT for an order under section 219I against the prescribed person.

(3)In this section—

prescribed person means—

(a)a person—

(i)who is a member of the police service; or

(ii)being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or

(b)a person (other than a judge or holder of judicial office, or a member of the police service)—

(i)who holds an appointment in a unit of public administration; or

(ii)who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.

Subdivision 4 General

51   Other action for corruption

(1)Nothing in this part limits the action that may lawfully be taken by the commission or a unit of public administration to discipline or otherwise deal with a person for corruption.

Example—

The commissioner of police may bring a disciplinary charge against a police officer under the Police Service Administration Act 1990.

(2)Subsection (1) is subject to sections 47 and 48.

Part 4    Research, intelligence and other functions

Division 1 Research

52   Research functions

(1)The commission has the following functions—

(a)to undertake research to support the proper performance of its functions;

(b)to undertake research into the incidence and prevention of criminal activity;

(c)to undertake research into any other matter relating to the administration of criminal justice or relating to corruption referred to the commission by the Minister;

(d)to undertake research into any other matter relevant to any of its functions.

(2)Without limiting subsection (1)(a), the commission may undertake research into—

(a)police service methods of operations; and

(b)police powers and the use of police powers; and

(c)law enforcement by police; and

(d)the continuous improvement of the police service.

Division 2 Intelligence

53   Intelligence functions

The commission has the following functions (its intelligence functions)—

(a)to undertake intelligence activities, including specific intelligence operations authorised by the reference committee, to support the proper performance of its functions;

(b)to hold intelligence function hearings;

(c)to analyse the intelligence data collected to support its functions;

(d)to minimise unnecessary duplication of intelligence data;

(e)to ensure that intelligence data collected and held to support its functions is appropriate for the proper performance of its functions.

54   Database of intelligence information

The commission must build up a database of intelligence information for use in support of all of its functions using for the purpose information acquired by it from any source available to it, including, for example—

(a)its own operations; and

(b)the police service; and

(c)sources of the Commonwealth or any State supplying intelligence information to it.

55   Access to intelligence information held by police service

The commissioner of police must give the chairperson access to intelligence information held by the police service as required by the chairperson as soon as possible after receiving the request.

Division 2A Specific intelligence operations

55A   Authorising specific intelligence operation

(1)The section applies if the reference committee is satisfied that there are reasonable grounds to suspect that—

(a)a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or

(b)a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation.

(2)The reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings.

(3)The authorisation must be in writing and identify—

(a)the criminal organisation or participant to be investigated by the commission; and

(b)the suspected criminal activity or corruption; and

(c)the purpose of the intelligence operation.

(4)The authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected.

(5)The authorisation may be made by the reference committee—

(a)on its own initiative; or

(b)if asked by the senior executive officer (crime) or the senior executive officer (corruption).

(6)In this section—

criminal activity means any act or omission that involves the commission of an offence.

hold an appointment means hold an appointment in a unit of public administration.

55B   Matters reference committee must consider

(1)The reference committee may authorise the commission to undertake a specific intelligence operation under section 55A only if it is satisfied—

(a)as required under the section; and

(b)it is in the public interest to authorise the commission to undertake the specific intelligence operation.

(2)In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.

(3)In this section—

criminal activity means any act or omission that involves the commission of an offence.

55C   Reference committee may give commission directions

(1)The reference committee may give the commission directions imposing limitations on the commission’s intelligence operation under an authorisation under section 55A, including limitations on the exercise of the commission’s powers for the operations.

(2)The reference committee may also direct the commission to end a specific intelligence operation under an authorisation if the committee considers—

(a)it may be more appropriate for another entity to undertake the intelligence operation; or

(b)it may be more effective for another entity to undertake the intelligence operation; or

(c)undertaking an intelligence operation is not a justifiable use of the commission’s resources; or

(d)the commission undertaking an intelligence operation is not in the public interest.

(3)The commission must comply with a direction given under subsection (1) or (2).

(4)The reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).

(5)To remove any doubt, it is declared that subsection (2)(d) is not limited by section 55B(2).

Division 2B Immediate responses to threats to public safety

55D   Authorising immediate response

(1)This section applies if the reference committee is satisfied there are reasonable grounds to suspect that a criminal organisation or a participant in a criminal organisation has engaged in, is engaging in, or is planning to engage in, an incident that threatens, has threatened or may threaten public safety.

(2)The reference committee may authorise the commission to do either or both of the following in response to, or to prevent, the threat to public safety—

(a)undertake an investigation into the incident;

(b)conduct a hearing in relation to the incident.

(3)The authorisation must be in writing and identify—

(a)the criminal organisation or participant that has engaged in, is engaging in, or is planning to engage in, the incident; and

(b)the nature of the incident; and

(c)the purpose of the investigation or hearing.

(4)The authorisation may be made by the reference committee—

(a)on its own initiative; or

(b)if asked by the senior executive officer (crime) or the senior executive officer (corruption).

55E   Matters reference committee must consider

(1)The reference committee may authorise the commission to undertake the investigation or conduct the hearing only if the committee is satisfied—

(a)as required under section 55D(1); and

(b)it is in the public interest to authorise the commission to undertake the investigation or conduct the hearing in response to, or to prevent, the threat to public safety.

(2)In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.

(3)In this section—

criminal activity means any act or omission that involves the commission of an offence.

55F   Reference committee may give commission directions

(1)The reference committee may give the commission directions imposing limitations on the commission’s investigation or hearing under an authorisation under section 55D, including limitations on the exercise of the commission’s powers for the investigation or hearing.

(2)The reference committee may also direct the commission to end an investigation or hearing under an authorisation under section 55D if the committee considers—

(a)it may be more appropriate for another entity to undertake the investigation or conduct the hearing; or

(b)it may be more effective for another entity to undertake the investigation or conduct the hearing; or

(c)undertaking the investigation or conducting the hearing is not a justifiable use of the commission’s resources; or

(d)it is not in the public interest for the commission to undertake the investigation or conduct the hearing.

(3)The commission must comply with a direction given under subsection (1) or (2).

(4)The reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).

(5)To remove any doubt, it is declared that subsection (2)(d) is not limited by section 55D(2).

Division 3 Other functions

56   Commission’s other functions

The commission also has the following functions—

(a)the witness protection function;

Note—

See also the Witness Protection Act 2000.

(b)a civil confiscation function;

Note—

See also the Criminal Proceeds Confiscation Act 2002.

(c)a function conferred under another Act.

Part 5    Performance of functions

57   Commission to act independently etc.

The commission must, at all times, act independently, impartially and fairly having regard to the purposes of this Act and the importance of protecting the public interest.

58   Independence of holders of judicial office

(1)The commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers.

(2)To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office.

(3)However, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer—

(a)other than in the judicial officer’s capacity as a judicial officer; and

(b)as a member or representative of a decision-making body in a unit of public administration.

Examples of decision-making bodies—

a governing body, a board of management

(4)To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairperson and the Chief Justice from time to time.

(5)A commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson.

(6)The functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation.

(7)However, the chairperson may delegate the chairperson’s functions and powers under this section, including the functions and powers mentioned in subsection (6), for a commission investigation mentioned in subsection (3) to a senior officer.

(8)In this section—

judicial officer means—

(a)a judge of, or other person holding judicial office in, a State court; or

(b)a member of a tribunal that is a court of record.

59   Commission to cooperate with other entities

(1)The commission and units of public administration are to work cooperatively to achieve optimal use of available resources.

(2)In performing its functions, the commission must—

(a)liaise with, and coordinate its activities with the activities of, units of public administration to avoid needless duplication of the work of the units for the purpose of performing the commission’s functions; and

(b)have regard to the activities, findings and recommendations of entities outside the State, including outside Australia, that have functions similar to the commission—

(i)to relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and

(ii)to avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.

60   Use and disclosure of information, document or thing

(1)The commission may use any information, document or thing in the commission’s possession in performing the commission’s functions.

(2)The commission may give intelligence information or other information to any entity the commission considers appropriate, including, for example—

(a)a unit of public administration; and

(b)a law enforcement agency; and

(c)the auditor-general; and

(d)a commissioner under the Electoral Act 1992; and

(e)the ombudsman.

Note—

See section 213 in relation to making a record of, or wilfully disclosing, information given to a person under this section on the understanding, express or implied, that the information is confidential.

61   Commission’s functions not to limit proper performance of similar functions by other entities

(1)The conferral of functions on the commission does not limit police power or the power of another entity to perform similar functions.

(2)Subsection (1) is subject to sections 47 and 48.

62   [Repealed]

Part 6    Reporting and statements

Division 1 Preliminary

63   Application of part

This part does not apply in relation to the commission’s performance of its crime function.

63A   Definitions for part

In this part—

action includes a decision to take no action or discontinue action.

corruption matter means—

(a)a complaint about, or information or matter (also a complaint) involving, corruption made or notified to the commission, or otherwise coming to its attention, whether or not the complaint has been assessed or any action has been taken in relation to the complaint under section 46; or

(b)a corruption investigation, whether or not the investigation is complete.

Division 2 Commission reports

64   Commission reports—general

(1)The commission may report in performing its functions.

(2)The commission must include in each of the reports—

(a)any recommendations, including, if appropriate and after consulting with the commissioner of police, a recommendation that the Police Minister give a direction to the commissioner of police under the Police Service Administration Act, section 4.6; and

(b)an objective summary of all matters of which it is aware that support, oppose or are otherwise relevant to its recommendations.

Note—

See section 48B in relation to limitations on the commission’s findings, recommendations and statements.

(3)If the Police Minister decides not to give a direction under the Police Service Administration Act, section 4.6 following a recommendation made under subsection (2)(a), the Police Minister must table in the Legislative Assembly, after giving the reasons—

(4)The question is declared to be, and always to have been, as validly decided as it would have been if the 1 or more members were present in person.

(5)In this section—

parliamentary committee includes the Criminal Justice Committee of the Legislative Assembly established under the repealed Criminal Justice Act 1989, section 115.

validation period means the period—

(a)starting on 23 April 1998; and

(b)ending on the commencement.

Part 20    Crime and Corruption and Other Legislation Amendment Act 2024

459   Application of ch 2, pt 3, div 5, sdiv 2 to prosecution of corruption offences

Chapter 2, part 3, division 5, subdivision 2 applies only in relation to the prosecution of a corruption offence—

(a)that is commenced against a person after the commencement of this section; and

(b)whether the investigation from which the prosecution arises commenced before or after the commencement of this section.

460   Claims of reasonable excuse

(1)This section applies in relation to a person if—

(a)before the commencement—

(i)the person was given a notice to discover, notice to produce or an attendance notice; and

(ii)a requirement was made of the person under the notice to—

(A)produce a document, thing or information to the commission; or

(B)provide information in answer to a question at a commission hearing; and

(b)either of the following applies—

(i)the period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement;

(ii)the stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and

(c)on or after the commencement, the person makes a claim of reasonable excuse, including privilege.

(2)This Act as in force from the commencement applies to the person.

461   Misdemeanours

Sections 82(6) and 183(2) apply only in relation to an offence committed after the commencement.

462   Attendance at commission hearings under s 182A

Section 182A applies to the attendance of a person at a commission hearing under an attendance notice whether the attendance notice was issued before or after the commencement.

463   When document, thing or information given to journalist

For section 205D(1)(c), it is irrelevant whether the informant gave the document, thing or information to the journalist before or after the commencement.

464   Reference in s 211

(1)In section 211(c) a reference to section 81F is taken to include a reference to former section 75.

(2)In this section—

former section 75 means the provision of that number as in force from time to time before the commencement.

465   Application of s 225 to existing ordinary commissioners and particular new appointments

(1)Section 225(2) as in force immediately before the commencement continues to apply to an ordinary commissioner who holds office on the commencement despite the amendment of that section by the Crime and Corruption and Other Legislation Amendment Act 2024.

(2)If, at the time of the appointment of an ordinary commissioner (the appointee), none of the ordinary commissioners holds the qualifications mentioned in section 225(2)(b)—

(a)section 225(2)(b) does not apply to the appointment; and

(b)the appointee must hold the qualifications mentioned in section 225(2)(b).

466   Application of provisions about responses to consultation on nominations under s 228

(1)Section 228(2) and (3) applies to consultation by the Minister on a nomination only if the consultation starts after the commencement.

(2)Section 292(1)(h) applies to information about the parliamentary committee’s involvement in a nomination only if the Minister’s consultation on the nomination starts after the commencement.

467   Application of former s 231 to commissioners

Section 231 as in force immediately before the commencement continues to apply to a commissioner who holds office on the commencement despite the replacement of that section by the Crime and Corruption and Other Legislation Amendment Act 2024.

468   Application of s 257 to particular commission officers

Section 257, as amended by the Crime and Corruption and Other Legislation Amendment Act 2024, applies to a commission officer engaged by the commission under section 256 only if—

(a)the officer was engaged after the commencement; or

(b)if the officer was engaged before the commencement (an existing engagement)—the officer is further engaged after the commencement and the further engagement is a replacement or renewal of the existing engagement.

469   Application of former s 374 to particular applications for access to data and records of CJC inquiry

(1)Until the parliamentary commissioner makes a request of the archivist under section 346C(2) in relation to the data and records of the CJC inquiry, a person may apply for access to the data and records under former section 374(2).

(2)Subsection (3) applies if an application under former section 374(2)—

(a)was made before the commencement and on the commencement is not decided; or

(b)is made after the commencement.

(3)If the parliamentary commissioner is satisfied the person has a legitimate need to access the data and records, the commissioner must give the person access to them.

(4)If an application mentioned in subsection (2) is not decided at the time the parliamentary commissioner makes a request of the archivist under section 346C(2), section 346C(5) applies to the application.

(5)In this section—

archivist see section 346C(11).

CJC inquiry see section 346C(11).

former section 374(2) means the provision of that number as in force immediately before the commencement.

Part 21    Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025

470   Definitions for part

In this part—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

471   Validation of past reports

(1)This section applies to a report on a particular complaint about, or information or matter involving, corruption or a particular corruption investigation that was—

(a)before 13 September 2023, purportedly prepared or made under former section 64; and

(b)before the introduction day—

(i)tabled in the Legislative Assembly; or

(ii)purportedly published under former section 69.

(2)The report and any accompanying document, and any action taken or decision made by the commission in relation to the report, including publication of the report to another person, is taken to be, and to have always been, as valid and lawful as it would be or would have been if—

(a)the report were prepared or made under new section 64A; and

(b)the commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and

(c)the report were signed by the chairperson under new section 69; and

(d)the report and accompanying document were given, and tabled or published, under new section 69.

(3)For subsection (2)(a), new section 64A(2) is taken not to have applied to the report or the commission’s decisions in relation to the report.

(4)In this section—

action includes a failure to take action.

decision includes a failure to make a decision.

introduction day means the day the Bill for the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 was introduced into the Legislative Assembly.

report includes a copy of a report and a report in draft form.

472   Validation of past public statements

(1)This section applies to a statement prepared and made to the public, before 13 September 2023, by the commission about—

(a)a particular complaint about, or information or matter involving, corruption; or

(b)a particular corruption investigation.

(2)The statement, and any action taken by the commission in relation to the statement, is taken to be, and to have always been, as valid and lawful as it would be or would have been if the statement were prepared and made under new section 65A.

(3)For subsection (2), new section 65A(3) and (4) is taken not to have applied to the statement or the commission’s decisions in relation to the statement.

473   Application of new provisions in relation to complaints and investigations

Subject to sections 471 and 472, the new provisions of this Act apply to a complaint about, or information or matter (also a complaint) involving, corruption or a corruption investigation—

(a)whether the complaint was made or notified to the commission before, or is made or notified to the commission after, the commencement; and

(b)whether the investigation was completed before, or is started before and completed after, the commencement; and

(c)whether the complaint or investigation relates to conduct that happened, or is suspected to have happened, before the commencement.

474   Validation of particular agreements for giving notices by email

(1)This section applies if, before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA.

(2)The agreement is taken to be, and to have always been, as valid as it would be or would have been if the agreement were entered into under new section 85AB(2).

(3)The giving of a notice by the commission to the person under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).

(4)Anything done by the person in compliance with a notice given by the commission under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).

475   Existing agreements for giving notices by email

(1)This section applies if—

(a)before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA; and

(b)the chairperson and the person could have entered into the agreement under new section 85AB(2) if that section had been in force; and

(c)immediately before the commencement, the agreement was in effect.

(2)From the commencement, the agreement is taken to be an agreement entered into by the chairperson and the person under new section 85AB(2).

Schedule 1 Reviewable decisions—ch 5, pt 3

section 219N, definitions aggrieved person and reviewable decision

Reviewable decision	Aggrieved persons
a decision under the Police Service Administration Act 1990 (the PSAA), part 7, division 4 that a disciplinary charge, or any other ground for disciplinary action, has not been proved in relation to an officer	the commission
subject to section 219O(2), a decision under part 7, division 4 of the PSAA that a disciplinary charge, or any other ground for disciplinary action, has been proved in relation to an officer	the officer the commission
a decision under part 7, division 4 of the PSAA to impose a disciplinary sanction or professional development strategy on an officer	the officer the commission
a decision under part 7, division 4 of the PSAA not to impose a disciplinary sanction or professional development strategy on an officer	the officer the commission
a decision under section 7.36 of the PSAA to dismiss, or not to dismiss, an officer	the officer the commission
a decision under section 7.41 of the PSAA to give effect to a disciplinary sanction or to continue the suspension of the disciplinary sanction	the officer the commission
a decision not to start a disciplinary proceeding against an officer in relation to whom a complaint mentioned in section 7.2 of the PSAA has been made	the commission

Schedule 2 Dictionary

section 12

access information, for chapter 3, part 2, see section 85A.

acquire, for chapter 3, part 6B, div 1, see section 146Q.

action, for chapter 2, part 6, see section 63A.

additional funding, for a financial year, for chapter 6, part 1, division 6A, see section 260A.

adverse comment, about a person, for chapter 2, part 6, division 4A, see section 69A.

affected by bankruptcy action ...

agency, for chapter 3, part 6B, div 1, see section 146Q.

aggrieved person, for chapter 5, part 3, see section 219N.

allocated amount, for a financial year, for chapter 6, part 1, division 6A, see section 260A.

application notice, for a decision, means a notice advising a person that the person may apply to the Supreme Court under section 205ZH or 205ZJ for the court to decide whether the person’s claim of reasonable excuse the subject of the decision is established.

appointment, for chapter 1, part 4, division 2, see section 14.

appropriately qualified, for a delegation of power or committee membership under section 279, means having the qualifications, experience or standing appropriate to exercise the power or to be appointed.

Example of standing—

the level at which a person is employed in the commission

approving officer see section 139(2).

arrest warrant see section 167(1).

assistant commissioner ...

assistant commissioner, crime ...

assistant commissioner, misconduct ...

at, a place, includes in or on the place.

attendance notice see section 82.

Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.

authorised civilian, for chapter 3, part 6B, div 1, see section 146Q.

authorised commission officer see section 272.

authorised identity officer, for chapter 3, part 6B, div 1, see section 146Q.

authorised person, for chapter 3, part 6B, div 1, see section 146Q.

authority, for chapter 3, part 6B, div 1, see section 146Q.

benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.

bipartisan support, of the parliamentary committee, means—

(a)support of the members of the parliamentary committee unanimously; or

(b)support of a majority of the members, other than a majority consisting wholly of members of the political party or parties in government in the Legislative Assembly.

birth certificate approval, for chapter 3, part 6B, div 1, see section 146Q.

boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a rowing boat, a hovercraft and a submersible vessel.

chairperson means the person appointed as the chairperson of the commission under this Act.

chief executive officer means the person appointed as the chief executive officer of the commission under this Act.

civil confiscation function means the function of investigating confiscation related activities for the enforcement of the Confiscation Act.

class A surveillance device ...

class B surveillance device ...

commence, a prosecution against a person, for chapter 2, part 3, division 5, subdivision 2, see section 49A.

commission means the Crime and Corruption Commission.

commissioner means a person appointed as a commissioner of the commission under this Act.

commissioner of police means the commissioner of the police service.

commission hearing means a hearing conducted by the commission under this Act.

commission officer—

(a)means, generally—

(i)a commissioner; or

(ii)a sessional commissioner; or

(iii)the chief executive officer; or

(iv)a senior officer; or

(v)a person employed under section 254 or seconded under section 255; or

(vi)a person engaged under section 256; or

(vii)a police officer authorised by the chairman under section 272(2); and

(b)in sections 295, 305(3), 314(2)(b)(ii), 318(4), 321(2), 322(3), 329 and 331(3), includes—

(i)a former commission officer; and

(ii)a person who was a commissioner or an officer of the commission under the Criminal Justice Act 1989; and

(iii)a person who was engaged by the commission under the Criminal Justice Act 1989, section 66; and

(iv)a person who was a commission member, or an officer or employee of the Queensland crime commission, under the Crime Commission Act 1997; and

(c)in chapter 3, part 6A—includes an officer or employee of a declared agency.

Note—

The reference to a declared agency is a reference to a declared agency within the meaning of that term as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005.

commission report means a report prepared by the commission under chapter 2, part 6 and includes the report’s foreword and appendixes.

commission’s representative, in relation to delivery of a sealed document or thing, means—

(a)a commission officer; or

(b)a person directed by the commission to deliver the sealed document or thing.

conduct, for chapter 1, part 4, division 2, see section 14.

conduct, for chapter 3, part 6B, div 1, see section 146Q.

confidentiality, in relation to the ground of confidentiality, means a ground recognised at law that giving an answer or disclosing a communication or document, would be a breach of an oath taken or statutory or commercial obligation or restriction to maintain secrecy.

Confiscation Act means the Criminal Proceeds Confiscation Act 2002.

confiscation order means—

(a)any of the following orders under the Confiscation Act, chapter 2—

(i)a restraining order;

(ii)a forfeiture order;

(iii)a proceeds assessment order;

(iv)an unexplained wealth order; or

(b)any of the following orders under the Confiscation Act, chapter 2A—

(i)a restraining order;

(ii)a serious drug offender confiscation order.

confiscation related activity means an activity in relation to which a confiscation order may be sought under the Confiscation Act, chapter 2.

confiscation related evidence—

1Confiscation related evidence means a thing or evidence of an activity that may be or provide evidence of something for which a proceeding for a confiscation order may be started under the Confiscation Act, chapter 2 and includes each of the following—

(a)a thing in which a person has an interest that is serious crime derived property;

(b)a thing in which a person has an interest that is illegally acquired property of a person reasonably suspected of having engaged in a serious crime related activity;

(c)evidence of a serious crime related activity;

(d)evidence of illegal activity of a person reasonably suspected of having engaged in a serious crime related activity;

(e)property that is restrained under a restraining order under the Confiscation Act.

2The following are also confiscation related evidence—

(a)a thing that may be or provide evidence of a suspected qualifying offence for which a proceeding for a confiscation order may be started under the Confiscation Act, chapter 2A;

(b)evidence of property that may be subject to restraint or forfeiture under a confiscation order for which a proceeding may be started under the Confiscation Act, chapter 2A.

confiscation related investigation means an investigation the commission is conducting for the Confiscation Act, chapter 2 or 2A.

controlled activity see section 146I(1)(b).

controlled operation see section 139(1).

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

corrupt conduct see section 15.

corruption means corrupt conduct or police misconduct.

corruption function ...

corruption functions see section 33.

corruption investigation means an investigation conducted by the commission in the performance of a corruption function.

corruption matter, for chapter 2, part 6, see section 63A.

corruption offence means alleged or suspected criminal conduct that may be—

(a)corrupt conduct; or

(b)misconduct under the Police Service Administration Act 1990.

court day ...

covert operative means a commission officer or another person named in an approval under section 144 as a covert operative.

covert search warrant see section 148.

Crime and Corruption Commission means the Crime and Corruption Commission established under section 220.

Crime and Misconduct Commission ...

crime function see section 25.

crime investigation means an investigation conducted by the commission in the performance of its crime function.

criminal history, of a person, means—

(a)every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and

(b)every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.

criminal organisation see the Penalties and Sentences Act 1992, section 161O.

criminal paedophilia—

1Criminal paedophilia means criminal activity that involves any of the following—

(a)offences of a sexual nature committed in relation to children; or

(b)offences relating to obscene material depicting children.

2It is immaterial whether the offence is committed in Queensland or elsewhere if the offender or the child is ordinarily resident in Queensland.

data surveillance device means any instrument, apparatus, equipment, program or other thing capable of being used to record or monitor, other than through visual recording or monitoring, the input of information into, or the output of information from, a computer.

deal with, a complaint about corruption or information or matter involving corruption, includes—

(a)investigate the complaint, information or matter; and

(b)gather evidence for—

(i)prosecutions for offences; or

(ii)disciplinary proceedings; and

(c)refer the complaint, information or matter to an appropriate authority to start a prosecution or disciplinary proceeding; and

(d)start a disciplinary proceeding; and

(e)take other action, including managerial action, to address the complaint in an appropriate way.

deciding officer see section 205H(2).

declared agency means an entity prescribed under a regulation as a declared agency for this Act.

declared law enforcement agency ...

deputy chairperson means the person appointed as the deputy chairperson of the commission under this Act.

deputy public interest monitor means a person appointed as a deputy public interest monitor under section 324.

detriment, caused to a person, includes detriment caused to a person’s property.

device information, from a digital device, for chapter 3, part 2, see section 85A.

digital device, for chapter 3, part 2, see section 85A.

disciplinary action, for chapter 6, part 1, division 9, see section 273C(1).

disciplinary charge, for schedule 1, see the Police Service Administration Act 1990, section 7.25(a).

disciplinary finding, for chapter 6, part 1, division 9 generally, see section 273A.

disciplinary ground, for chapter 6, part 1, division 9, see section 273A.

disciplinary proceeding, for chapter 5, part 2, see section 219B.

disciplinary sanction, for chapter 5, part 3 and schedule 1, see section 219N.

doing a thing, for chapter 3, part 6B, div 1, see section 146Q.

dwelling—

1A dwelling includes a building or other structure, or part of a building or other structure, kept by the owner or occupier (the owner) as a residence for the owner, a member of the owner’s family or an employee of the owner.

2In deciding whether a building or other structure is a dwelling, it is immaterial that the building or other structure is from time to time uninhabited.

3A building or other structure adjacent to, and occupied with, a dwelling is part of the dwelling if it is connected to the dwelling, whether directly or by a covered and enclosed passage leading from the one to the other, but not otherwise.

4A dwelling also includes a boat (other than an external deck of the boat) used or kept as a residence for the owner, a member of the owner’s family or an employee of the owner.

employee, for chapter 3, part 2, see section 85A.

employment, for chapter 6, part 1, division 9, see section 273A.

enter a place, includes re-enter the place.

evidence—

(a)of the commission of major crime or corruption, includes—

(i)a thing or activity that is or may provide evidence of the commission of the major crime or corruption; and

(ii)a thing that will, itself or by or on scientific examination, provide evidence of the commission of the major crime or corruption; and

(iii)a thing that is intended to be used for the purpose of committing the major crime or corruption; and

(iv)a thing that may be liable to forfeiture; or

(b)of identity, for chapter 3, part 6B, see section 146Q.

forfeiture proceeding means—

(a)a proceeding for a forfeiture order or a restraining order under the Confiscation Act; or

(b)a proceeding for an order forfeiting or restraining the use of property under another Act.

former chairperson, for chapter 6, part 1, division 2, subdivision 3, see section 238A.

former commission officer means a person who was but is no longer a commission officer under this Act, including, for example, a person who was an assistant commissioner under this Act as in force before the commencement of this definition.

former officer, for chapter 5, part 2, see section 219B.

former relevant commission officer, for chapter 6, part 1, division 9, see section 273D(1)(a).

funding proposal, for chapter 6, part 1, division 6A, see section 260A.

general referral, for chapter 2, part 2, division 2, see section 27(4).

government issuing agency, for chapter 3, part 6B, div 1, see section 146Q.

ground for disciplinary action, for chapter 5, part 3 and schedule 1, see section 219N.

holder of an appointment means the holder of an appointment in a unit of public administration as mentioned in section 21.

illegally acquired property means illegally acquired property under the Confiscation Act.

immediate production requirement (hearing) see section 81D(2).

independent member, of the committee, means the independent member of the controlled operations committee under the Police Powers and Responsibilities Act 2000.

industrial matter, for chapter 5, part 2, see section 219B.

ineligible person means any of the following—

(a)a person who has been convicted, including by summary conviction, of an indictable offence;

(b)a person who is an insolvent under administration;

(c)a person holding judicial appointment;

(d)a member of the Legislative Assembly or the Executive Council;

(e)the parliamentary commissioner;

(f)a person appointed as the public interest monitor or a deputy public interest monitor under this Act or the Police Powers and Responsibilities Act 2000;

(fa)a person appointed to act as the public interest monitor or a deputy public interest monitor under this Act or the Police Powers and Responsibilities Act 2000;

(g)the director of public prosecutions;

(h)a member of the police service, or, other than in relation to appointment as a senior officer, a person who has been a member of the police service within the 5 years before the time at which the person’s qualification for appointment arises;

(i)a public service employee;

(j)a person who holds an appointment on the staff of a Minister;

(k)a local government councillor;

(l)a local government employee.

informant, for chapter 4A, see section 205D(1)(c).

insolvent under administration ...

install, a surveillance device, includes maintain, replace and remove the device.

intelligence function hearing means a hearing authorised under section 55A or 55D(2).

intelligence functions see section 53.

investigate includes examine and consider.

issuer, for chapter 3, part 2, see section 86(6).

issuing agency, for chapter 3, part 6B, div 1, see section 146Q.

journalist, for chapter 4A, see section 205C(1).

journalist privilege, for chapter 4A, see section 205A.

judge, for chapter 6, part 1, division 2, subdivision 3, see section 238A.

Judges Pensions Act, for chapter 6, part 1, division 2, subdivision 3, see section 238A.

Leader of the House means the member who is recognised in the Legislative Assembly as the Leader of the House.

Leader of the Opposition means the member who is recognised in the Legislative Assembly as the Leader of the Opposition.

listening device means any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation when it is taking place.

major crime means—

(a)criminal activity that involves an indictable offence punishable on conviction by a term of imprisonment not less than 14 years; or

(b)criminal paedophilia; or

(c)organised crime; or

(d)terrorism; or

(e)something that is—

(i)preparatory to the commission of criminal paedophilia, organised crime or terrorism; or

(ii)undertaken to avoid detection of, or prosecution for, criminal paedophilia, organised crime or terrorism.

Manager of Government Business ...

member, for a commission hearing, means the person conducting the hearing.

misconduct ...

misconduct functions ...

misconduct investigation ...

misconduct offence ...

misconduct tribunal ...

monitor means the public interest monitor or a deputy public interest monitor.

monitoring order see section 119C.

national crime authority ...

news medium, for chapter 4A, see section 205A.

non-government issuing agency, for chapter 3, part 6B, div 1, see section 146Q.

notice means written notice.

notice to discover—

(a)for a crime investigation or specific intelligence operation (crime), see section 81E(2); and

(b)for a corruption investigation or specific intelligence operation (corruption), see section 81F(2).

notice to produce—

(a)for an investigation, operation or function under chapter 3, part 1, division 1, subdivision 1, see section 73(2); and

(b)for a confiscation related investigation under chapter 3, part 1, division 1, subdivision 2, see section 79(2).

obscene material, depicting children, includes—

(a)a child abuse computer game under the Classification of Computer Games and Images Act 1995; and

(b)a child abuse publication under the Classification of Publications Act 1991; and

(c)a child abuse film under the Classification of Films Act 1991.

obstruct includes the following—

(a)hinder;

(b)attempt to obstruct.

officer ...

official misconduct ...

official premises see section 81L(2).

ombudsman ...

ordinary commissioner means a person appointed as an ordinary commissioner of the commission under this Act.

organised crime means criminal activity that involves—

(a)indictable offences punishable on conviction by a term of imprisonment not less than 7 years; and

(b)2 or more persons; and

(c)substantial planning and organisation or systematic and continuing activity; and

(d)a purpose to obtain profit, gain, power or influence.

otherwise unlawful activity means an unlawful act or omission of a person for which—

(a)because of chapter 3, part 6A it would be unlawful for the person to do or omit; or

(b)because of chapter 3, part 6A it would be lawful for the person to do or omit.

other witness protection activities, of the commission, means activities of the commission under the Witness Protection Act 2000 relating to interim protection agreements or short-term protection arrangements within the meaning of that Act.

parliamentary commissioner means the Parliamentary Crime and Corruption Commissioner appointed under section 303.

parliamentary committee means the Parliamentary Crime and Corruption Committee of the Legislative Assembly.

parliamentary service means the parliamentary service established under the Parliamentary Service Act 1988.

participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P.

part-time commissioner ...

photograph includes photocopy, videotape and record an image.

place includes—

(a)premises; and

(b)vacant land; and

(c)a vehicle; and

(d)a place in Queensland waters; and

(e)a place held under 2 or more titles or owners.

police misconduct means conduct, other than corrupt conduct, of a police officer that—

(a)is disgraceful, improper or unbecoming a police officer; or

(b)shows unfitness to be or continue as a police officer; or

(c)does not meet the standard of conduct the community reasonably expects of a police officer.

police service means the Queensland Police Service.

police task force means a task force under the authority of the commissioner of police.

possession includes the following—

(a)custody;

(b)control.

post-search approval order see section 97.

premises includes—

(a)a building or structure, or part of a building or structure, of any type; and

(b)a group of buildings or structures, or part of a group of buildings or structures, of any type; and

(c)the land or water where a building or structure, or a group of buildings or structures, is situated; and

(d)a vehicle and a caravan; and

(e)a tent or cave; and

(f)premises held under 2 or more titles or owners.

prescribed employee, for chapter 6, part 1, division 9, see section 273A.

prescribed person see section 50(3).

prescribed salary, for chapter 6, part 1, division 2, subdivision 3, see section 238A.

presiding officer, for a commission hearing, means the person conducting the hearing.

private conversation means any words spoken by one person to another person in circumstances that indicate—

(a)that those persons desire the words to be heard or listened to only by themselves; or

(b)that either of those persons desires the words to be heard or listened to only by themselves and by some other person;

but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so.

privilege see section 205B.

professional development strategy, for schedule 1, see the Police Service Administration Act 1990, section 7.3.

prosecuting authority, for chapter 2, part 3, division 5, subdivision 2, see section 49A.

prosecuting entity, for chapter 2, part 3, division 5, subdivision 2, see section 49A.

protected person means a person who is, or has been—

(a)included in the witness protection program; or

(b)given protection under the Witness Protection Act 2000, section 9 or part 2A.

Note—

The Witness Protection Act 2000, section 9 deals with interim protection and part 2A deals with arrangements for short-term protection.

public hearing means a hearing that is open to the public.

public interest monitor means the person appointed as the public interest monitor under section 324.

public official means—

(a)the ombudsman; or

(b)the chief executive officer of a unit of public administration, including the commissioner of police; or

(c)a person who constitutes a corporate entity that is a unit of public administration; or

(d)the inspector of detention services under the Inspector of Detention Services Act 2022.

public prosecutor means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984.

public statement see section 65A(1).

qualifying offence see the Confiscation Act, section 93F.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

reference committee means the Crime Reference Committee established under section 274.

referral, for chapter 2, part 2, division 2, see section 26A.

related evidence, in relation to adverse comment about a person, for chapter 2, part 6, division 4A, see section 69A.

related evidence summary, for chapter 2, part 6, division 4A, see section 69B(2)(b).

relevant commission officer, for chapter 6, part 1, division 9, see section 273A.

relevant employee, for chapter 6, part 1, division 9, see section 273A.

relevant evidence, for chapter 3, part 2, see section 85A.

relevant person—

(a)in relation to an application to a judge for a surveillance warrant—see section 122; and

(b)in relation to an application to a judge for a covert search warrant—see section 149; and

(c)in relation to an application to a judge for an additional powers warrant—see section 159; and

(d)for a journalist, for chapter 4A, see section 205A; and

(e)in relation to a commission report, for chapter 2, part 6, division 4A, see section 69A.

relevant place, in relation to an application to a judge for a surveillance warrant, see section 121.

relevant portfolio committee means the portfolio committee under the Parliament of Queensland Act 2001 whose portfolio area within the meaning of that Act includes the department, or the part of the department, in which this Act is administered.

reviewable decision—

(a)for chapter 5, part 2, see section 219BA; or

(b)for chapter 5, part 3, see section 219N.

search warrant see section 86.

search warrant powers means the powers under section 92.

section 75B requirement ...

self-incrimination privilege means the privilege an individual may claim at law on the ground of self-incrimination.

senior executive officer means the senior executive officer (crime) or the senior executive officer (corruption).

senior executive officer (corruption) see section 245(3)(b).

senior executive officer (crime) see section 245(3)(a).

senior officer means a senior officer employed under section 245.

serious crime derived property see the Confiscation Act, section 23.

serious crime related activity see the Confiscation Act, section 16.

sessional commissioner means a person appointed as a sessional commissioner under section 239.

specific intelligence operation means a specific intelligence operation authorised by the reference committee under section 55A.

specific intelligence operation (corruption) means a specific intelligence operation authorised in relation to a matter mentioned in section 55A(1)(b).

specific intelligence operation (crime) means a specific intelligence operation authorised in relation to a matter mentioned in section 55A(1)(a).

specific intelligence operation (misconduct) ...

specific referral, for chapter 2, part 2, division 2, see section 27(2).

specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, for chapter 3, part 2, see section 85A.

storage device ...

stored ...

subject officer, in relation to a reviewable decision, for chapter 5, part 3, see section 219N.

surveillance device means—

(a)for a crime investigation—

(i)a listening device; and

(ii)a visual surveillance device; and

(iii)a tracking device; and

(iv)a device containing any combination of the devices mentioned in subparagraphs (i), (ii) and (iii); and

(v)a data surveillance device; and

(b)for a corruption investigation—a listening device.

surveillance warrant see section 121.

suspension order see section 119I.

terrorism means criminal activity that involves a terrorist act.

terrorist act see section 22A.

under this Act, for an act or omission to which section 335, 336 or 337 applies, includes an act done or omission made purportedly under this Act for the purposes of this Act.

unit of public administration see section 20.

use, for chapter 3, part 6B, div 1, see section 146Q.

vehicle includes aircraft and boat.

witness protection function means the function the commission has under the Witness Protection Act 2000 in relation to witness protection.

witness protection function hearing ...

witness protection program has the same meaning as in the Witness Protection Act 2000.