Independent Broad-based Anti-corruption Commission Regulations 2013 (Vic)
Version No. 004
Independent Broad-based Anti-corruption Commission Regulations 2013
S.R. No. 5/2013
Version incorporating amendments as at
31 December 2019
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Definitions
Part 2—Prescribed bodies and persons
5Prescribed bodies and persons
Part 3—Defensive equipment and firearms
6Courses of training in the use of defensive equipment
7Courses of training in the use of firearms
Part 4—Assistance for witnesses
Division 1—Reimbursement of expenses
8Reimbursement of expenses
9Attendance allowance for expert witnesses
10Attendance and general allowances for other witnesses
11Meals and accommodation
12Travelling expenses
13Evidence of expenses
Division 2—Provision of legal assistance
14Provision of legal assistance to witnesses
Part 5—Testing for alcohol or drugs of dependence
Division 1—General
15Direction to provide a sample of breath or urine or allow a sample of blood to be taken
16Blood and urine samples—general
Division 2—Breath analysis
17Prescribed breath analysing devices
18Procedure for breath analysis
19Certificate of breath analysis
Division 3—Taking of blood samples
20Direction to take blood sample
21Procedure for taking blood sample
22Procedure after blood sample taken
23Certificate of taking blood sample
Division 4—Collection of urine samples
24Prescribed persons to collect urine samples
25Procedure for collecting urine sample
26Procedure after person collects urine sample
27Certificate of collecting of urine sample
Division 5—Analysis of blood sample or urine sample
28Analysis of blood samples or urine samples
29Certificate of analysis of sample of urine or blood
30IBAC Officer may request independent analysis of a blood sample or urine sample
Division 6—Handling of information and confidentiality
31Confidentiality of test results
Part 6—Prescribed forms
32Confidentiality notices
32AWitness summons for preliminary inquiry
33Authorisation to apply for a search warrant
34Search warrant
35Receipt for documents or things seized
36Witness summons for investigation
37Direction about a witness already held in custody
38Notice of application to determine privilege
39Arrest warrant
40Statement about right to apply for discharge from custody
Part 7—Other matters
41Proof of age
42Additional actions before the questioning of a witness or requiring the production of documents
Part 8—Transitional matters and renumbering
44Courses of training in the use of defensive equipment
45Courses of training in the use of firearms
46Renumbering
Schedule
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Independent Broad-based Anti-corruption Commission Regulations 2013
S.R. No. 5/2013
Version incorporating amendments as at
31 December 2019
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to prescribe—
(a)training courses for the use of defensive equipment and firearms;
(b)the manner of calculating the amount of assistance provided by the persons prescribed to witnesses summoned to attend an examination before the IBAC;
(c)matters necessary for the testing of IBAC Officers for alcohol or drugs of dependence under Division 1 of Part 9 of the Independent Broad-based Anti‑corruption Commission Act 2011;
(d)other matters necessary to be prescribed under the Independent Broad-based Anti‑corruption Commission Act 2011.
2Authorising provisions
These Regulations are made under sections 195, 196 and 197 of the Independent Broad-based Anti-corruption Commission Act 2011 and all other enabling powers.
3Commencement
(1)These Regulations (except regulation 46) come into operation on 10 February 2013.
(2)Regulation 46 comes into operation on the day on which Part 8 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.
4Definitions
In these Regulations—
sample direction means a direction given under section 172 of the Act to an IBAC Officer to provide a sample of breath or urine or allow a registered medical practitioner or approved health professional to take from the officer a sample of the officer's blood for the purposes of Division 1 of Part 9 of the Act;
the Act means the Independent Broad-based Anti-corruption Commission Act 2011.
Part 2—Prescribed bodies and persons
5Prescribed bodies and persons
(1)For the purposes of paragraph (f) of the definition of law enforcement agency, the following persons and bodies are prescribed—
(a)the Australian Customs Service;
(b)the Australian Securities and Investments Commission;
(c)the Australian Taxation Office;
(d)the Australian Transaction Reports and Analysis Centre;
(e)CrimTrac;
(f)the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989; and
(g)municipal monitors appointed under section 223CA of the Local Government Act 1989.
(2)For the purposes of the definition of senior IBAC Officer, the following positions and classes of position are prescribed—
(a)the position of Commissioner;
(b)the position of Deputy Commissioner;
(c)the position of Chief Executive Officer;
(d)IBAC Officers classified as Executive Officers;
(e)IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists.
(3)For the purposes of the definition of senior officer in sections 41(5) and 163(9) of the Act, the following positions and classes of position are prescribed—
(a)an executive employed under Division 5 of Part 3 of the Public Administration Act2004;
(b)a Deputy Commissioner of Police, Assistant Commissioner of Police or commander appointed under the Victoria Police Act 2013;
(c)a senior officer employed under Division 3 of Part 4 of the Local Government Act1989;
(d)a Court Chief Executive Officer employed under Division 2 of Part 4 of the Court Services Victoria Act 2014.
Part 3—Defensive equipment and firearms
6Courses of training in the use of defensive equipment
(1)For the purposes of Part 5 of the Act, the prescribed course of training in the use of defensive equipment is a course of training approved by the IBAC that is conducted by—
(a)the Australian Federal Police; or
(b)a police force or police service (however described) of a State or Territory other than Victoria.
(2)The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use defensive equipment when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.
7Courses of training in the use of firearms
(1)For the purposes of Part 5 of the Act, the prescribed course of training in the use of firearms is a course of training approved by the IBAC that is conducted by—
(a)the Australian Federal Police; or
(b)a police force or police service (however described) of a State or Territory other than Victoria.
(2)The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use firearms when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.
Part 4—Assistance for witnesses
Division 1—Reimbursement of expenses
8Reimbursement of expenses
(1)For the purposes of section 150 of the Act, the prescribed scale is the scale set out in this Division.
(2)An amount under this scale must not be paid to—
(a)a person whose conduct is being investigated by the IBAC or, in the case of a body corporate, its representative; or
(b)a prisoner of the Crown.
9Attendance allowance for expert witnesses
A witness who is called to appear in an examination in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the examination up to $300 per hour, but not exceeding $1500 per day.
10Attendance and general allowances for other witnesses
(1)This regulation applies to a witness who is called to appear in an examination other than in a professional or expert capacity.
(2)A witness who is engaged in an income-producing occupation and loses income because of his or her attendance at an examination is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day.
(3)A witness who is not engaged in an income‑producing occupation but who necessarily incurs expenditure (other than childcare expenses) because of his or her attendance at the examination that is not provided for in regulation 11 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day.
(4)If a witness incurs childcare expenses because of his or her attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses.
11Meals and accommodation
(1)A witness who is called to appear in an examination and who is necessarily absent from his or her home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during his or her absence—
(a)if the witness is absent from his or her home overnight—
Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total
$71.50
$64.95
;
(b)if the witness is absent for a part of a day only, departing and returning the same day—
Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total
$41.30
.
(2)Despite subregulation (1), a witness is only entitled to be paid an allowance—
(a)for breakfast, if he or she is absent from his or her home by reason of attendance at the examination between 7.00 a.m. and 9.30 a.m.;
(b)for lunch, if he or she is absent from
his or her home by reason of attendance at the examination between 12.00 p.m. and 3.00 p.m.;
(c)for dinner, if he or she is absent from
his or her home by reason of attendance at the examination between 6.00 p.m. and 8.00 p.m.
(3)A witness who is called to appear in an examination and who is necessarily absent from his or her home overnight because of his or her attendance at the examination is entitled to a reimbursement of the cost incurred by him or her of alternative accommodation, up to a maximum of $150 for each night of his or her absence.
12Travelling expenses
(1)Subject to subregulation (2), a witness who is called to appear in an examination is entitled to be paid an allowance in respect of the expense of travelling to and from the examination equal to the cost of the most economical form of transport having regard to—
(a)the distance required to be travelled;
(b)the time spent travelling;
(c)whether any income was lost when travelling;
(d)any other matter the IBAC considers relevant.
(2)If the witness uses his or her own vehicle, he or she is entitled to an allowance of 18 cents for each kilometre travelled to or from the examination.
13Evidence of expenses
The IBAC must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of the IBAC evidence—
(a)in the case of regulations 9 or 10(2), that as a result of attending the examination the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income-producing occupation;
(b)in the case of regulations 10(3) or (4) or 11(3), of the expenditure or cost incurred by the witness;
(c)in the case of regulation 11(1), that the witness was absent from his or her home by reason of attendance at an examination at the relevant times;
(d)in the case of regulation 12, of the cost of the most economical form of transport.
Division 2—Provision of legal assistance
14Provision of legal assistance to witnesses
For the purposes of section 151 of the Act, the prescribed person is the Secretary to the Department of Premier and Cabinet.
Part 5—Testing for alcohol or drugs of dependence
Division 1—General
15Direction to provide a sample of breath or urine or allow a sample of blood to be taken
(1)Subject to subregulation (2), a sample direction must state—
(a)the reason why the IBAC gives the sample direction, specifying whether the IBAC believes that the IBAC Officer—
(i)has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing his or her duties; or
(ii)has been involved in a critical incident; or
(iii)should be tested for alcohol or a drug of dependence in order for the IBAC to manage the IBAC Officer's performance of his or her duties or exercise of his or her powers; or
(iv)should be tested for alcohol or a drug of dependence in order for the IBAC to conduct a disciplinary process against the IBAC Officer; and
(b)the type of sample (being breath, urine or blood) that the IBAC Officer is required to provide; and
(c)that, if a sample is not provided because the IBAC Officer is unconscious or otherwise unable to comply with the sample direction and the IBAC reasonably believes the IBAC Officer was involved in a critical incident, a registered medical practitioner may be directed to take a sample of the IBAC Officer's blood; and
(d)that the IBAC Officer is required to remain at or attend specified premises for the sample to be taken; and
(e)that the IBAC Officer must not consume alcohol or drugs before the sample is taken; and
(f)that the sample of breath, urine or blood may be affected by prescription medication taken by the IBAC Officer and that the IBAC Officer should notify the person taking the sample of any prescription medication the IBAC Officer takes; and
(g)that failure by the IBAC Officer to comply with the sample direction may constitute grounds for disciplinary action against the IBAC Officer; and
(h)that the test results are to be given to the IBAC and will otherwise remain confidential, other than any disclosures authorised by the Act.
(2)If the IBAC is of the opinion that a delay would be necessary in order to comply with subregulation (1) and that the delay may materially affect the accuracy of the test, the IBAC may give the IBAC Officer a sample direction that specifies—
(a)the name of the IBAC Officer to whom the sample direction is given; and
(b)the name of the IBAC Officer giving the sample direction; and
(c)the type of sample (being breath, urine or blood) that the IBAC Officer to whom the sample direction is given is required to provide.
(3)If a sample direction is given to an IBAC Officer under subregulation (2), the IBAC must give that IBAC Officer a notice in writing containing the information prescribed in subregulation (1) as soon as practicable after giving the sample direction.
16Blood and urine samples—general
(1)The taking of a blood sample or the collection of a urine sample from an IBAC Officer must be conducted—
(a)in a respectful manner; and
(b)in circumstances affording reasonable privacy to the IBAC Officer.
(2)The taking of a blood sample or the collection of a urine sample from an IBAC Officer must not—
(a)occur in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample; and
(b)require—
(i)the removal of more clothing than is necessary for the sample to be taken; and
(ii)more visual inspection of the IBAC Officer than is necessary for the sample to be taken.
(3)A blood sample must not be taken from an IBAC Officer who has been involved in a critical incident if either of the following registered medical practitioners is of the opinion that the taking of the sample would be prejudicial to the IBAC Officer's care and treatment—
(a)the registered medical practitioner directed to take the sample; or
(b)the registered medical practitioner primarily responsible for the examination and treatment of the IBAC Officer.
Division 2—Breath analysis
17Prescribed breath analysing devices
The following breath analysing devices may be used to carry out a breath test or breath analysis of a sample of breath provided under Division 1—
(a)Alcotest 80/A;
(b)Lion Alcolmeter SD-400PA;
(c)Lion Alcolmeter SD 400;
(d)Lion Alcolmeter 500;
(e)Lion Alcolmeter S-D2;
(f)Drager Alcotest 80A;
(g)Drager Alcotest 6510;
(h)Drager Alcotest 6810;
(i)Alcolizer LE;
(j)Alcolizer HH1;
(k)Alcolizer HH2;
(l)Breathalyser Type II;
(m)Intoxilyzer;
(n)Intoximeter;
(o)AlcoScan;
(p)AlcoScan AL-2500;
(q)AlcoScan AL-3500;
(r)Alco-Sensor;
(s)Datamaster, AlcoMate Prestige;
(t)AlcoHawk Precision;
(u)AlcoHawk ABI;
(v)Breathalyser L-6000;
(w)Lifeloc FC10;
(x)Lifeloc FC10 Plus;
(y)Lifeloc FC20;
(z)Guth Laboratories AlcoTector.
18Procedure for breath analysis
(1)A person operating a breath analysing device—
(a)must not require an IBAC Officer to provide a breath sample for analysis until the person is satisfied that the officer has not consumed any alcohol for a period of at least 15 minutes before the analysis; and
(b)must provide a fresh mouthpiece for use by the officer that, until required for taking the breath sample, has been kept in a sealed container.
(2)An IBAC Officer who is directed to provide a sample of his or her breath must do so by exhaling continuously into the breath analysing device to the satisfaction of the person operating that device.
19Certificate of breath analysis
After taking a sample of an IBAC Officer's breath, the person operating a breath analysing device must complete and give to the IBAC a certificate that includes the following particulars—
(a)the concentration of alcohol indicated by the breath analysing device to be present in the IBAC Officer's breath;
(b)the serial number of the breath analysing device;
(c)the sample number;
(d)the location of the test;
(e)the name of the IBAC Officer whose breath was tested;
(f)the name of the person operating the breath analysing device;
(g)the results of the self test conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;
(h)the results of zero tests conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;
(i)the date and time that the IBAC Officer's breath was analysed.
Division 3—Taking of blood samples
20Direction to take blood sample
A direction under section 174 of the Act from the IBAC to a registered medical practitioner to take a sample of blood from an IBAC Officer must include—
(a)the name of the IBAC Officer from whom the sample of blood is to be taken; and
(b)the name and signature of the IBAC Officer giving the direction; and
(c)the date and time the direction was given.
21Procedure for taking blood sample
If a blood sample is taken by a registered medical practitioner for the purposes of this Part, the site of the puncture must be cleansed with a swab taken from a container which—
(a)appears to be sealed against contamination; and
(b)bears a label stating that the container holds an aqueous solution of chlorhexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.
22Procedure after blood sample taken
A registered medical practitioner who takes a blood sample must ensure that—
(a)the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and
(b)each container is vacuum sealed or sealed with a septum seal; and
(c)each container in which the sample is placed bears a label stating—
(i)that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and
(ii)the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and
(d)each container has attached to it a label bearing—
(i)the signature of the registered medical practitioner; and
(ii)the date and the time the blood sample was taken; and
(iii)the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken; and
(iv)if known, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and
(e)the 2 containers are transported to a laboratory or drug testing service for analysis.
23Certificate of taking blood sample
A registered medical practitioner who takes a blood sample from an IBAC Officer must complete and give to the IBAC Officer a certificate that includes the following particulars—
(a)the registered medical practitioner's full name; and
(b)that the registered medical practitioner was the registered medical practitioner who took the blood sample from the officer; and
(c)the date and time that the blood sample was taken; and
(d)that a sufficient blood sample was taken to enable testing for the presence of alcohol or a drug of dependence; and
(e)if known, the laboratory or drug testing service where the blood sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service.
Division 4—Collection of urine samples
24Prescribed persons to collect urine samples
The following persons are authorised to collect samples of urine from IBAC Officers under this Part—
(a)a registered medical practitioner;
(b)a person referred to in paragraph (a) of the definition of approved health professional;
(c)a person who—
(i)has knowledge and expertise in standards and practices related to the collection and storage of urine samples; and
(ii)is employed by a laboratory or drug testing service.
25Procedure for collecting urine sample
If a urine sample is collected from an IBAC Officer, the person collecting the sample must ensure that the sample is collected in a container that—
(a)is clean and dry; and
(b)has not previously been used.
26Procedure after person collects urine sample
A person collecting a urine sample from an IBAC Officer must ensure that—
(a)the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and
(b)each container is fitted with a tamper-proof locking seal; and
(c)each container has attached to it a label that bears—
(i)the signature of the person who collected the urine sample; and
(ii)the date and the time the urine sample was collected; and
(iii)the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected; and
(iv)if possible, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and
(d)the 2 containers are transported to a laboratory or drug testing service for analysis.
27Certificate of collecting of urine sample
A person who collects a urine sample from an IBAC Officer must complete and give to the officer a certificate containing the following particulars—
(a)the full name of the person authorised under regulation 24 to collect a urine sample; and
(b)that the person was the person who collected the urine sample from the IBAC Officer; and
(c)the date and time that the urine sample was collected; and
(d)that a sufficient urine sample was collected to enable testing for the presence of alcohol or a drug of dependence; and
(e)if known, the laboratory or drug testing service where the urine sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service.
Division 5—Analysis of blood sample or urine sample
28Analysis of blood samples or urine samples
A laboratory or drug testing service that receives a container with a blood sample or urine sample taken or collected for the purposes of this Part must—
(a)analyse the blood sample or urine sample for the presence of alcohol or a drug of dependence; and
(b)provide a report on the analysis of that sample to the IBAC.
29Certificate of analysis of sample of urine or blood
(1)As soon as practicable after a laboratory or drug testing service has analysed a blood sample or urine sample of an IBAC Officer under regulation 28, the laboratory or drug testing service must give a certificate to the IBAC.
(2)The certificate must state—
(a)the full name of the IBAC Officer from whom the sample was taken; and
(b)the date on which the sample was received by the laboratory or drug testing service for analysis; and
(c)with respect to each container holding a sample of the IBAC Officer's urine or blood—
(i)that the container was received at the laboratory or drug testing service; and
(ii)whether the container was sealed and labelled in accordance with regulation 22 or 26, as the case may be; and
(iii)whether the seal of the container was broken or unbroken; and
(d)the approved laboratory identification number of the sample; and
(e)the date that the analysis was conducted; and
(f)the results of the analysis of the sample; and
(g)the signature and name of the person who conducted the analysis; and
(h)any factors which may have affected the results of the analysis.
(3)The IBAC must provide a copy of the certificate to the IBAC Officer from whom the blood sample or urine sample was taken or collected as soon as practicable.
30IBAC Officer may request independent analysis of a blood sample or urine sample
(1)A laboratory or drug testing service that receives 2 containers must—
(a)store the second container for a period of not less than 12 months; and
(b)if requested under subregulation (2), send that container for analysis to the registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer from whom the sample was taken or collected.
(2)An IBAC Officer from whom a blood sample or urine sample has been taken or collected may request that the sample in the second container be sent to a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer.
(3)A request must be made by the IBAC Officer within 12 months after the taking of the sample.
(4)Any analysis undertaken by a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer is at the officer's own expense.
(5)Regulations 28 and 29 do not apply to an analysis conducted under this regulation.
Division 6—Handling of information and confidentiality
31Confidentiality of test results
(1)The following records must be kept in a secure location—
(a)all records that relate to or include a sample direction or a direction given to a registered medical practitioner under regulation 20;
(b)all records that relate to or include any samples of blood or urine taken for testing for the presence of alcohol or drugs as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20;
(c)all records that relate to or include the result of any testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20.
(2)A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20 unless—
(a)that information is already publicly known; or
(b)disclosure of that information is required or authorised under Division 1 of Part 9 of the Act; or
(c)disclosure of that information is necessary for the investigation of any offence; or
(d)the IBAC Officer consents; or
(e)the disclosure of information is for the management, supervision and support of the IBAC Officer in the workplace; or
(f)the disclosure of information is necessary to enable the IBAC to determine whether to take disciplinary action against the IBAC Officer and for the purpose of determining the outcome of any disciplinary action; or
(g)the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that could be used to identify the IBAC Officer who provided the sample.
Part 6—Prescribed forms
32Confidentiality notices
(1)For the purposes of section 42(2)(a) of the Act, the prescribed form of a confidentiality notice for an investigation is Form 1 in the Schedule.
(2)For the purposes of section 42(2)(a) of the Act, the prescribed form of a confidentiality notice for a preliminary inquiry is Form 1AA in the Schedule.
32AWitness summons for preliminary inquiry
For the purposes of section 59F(2)(a) of the Act, the prescribed form of a witness summons is Form 1A in the Schedule.
33Authorisation to apply for a search warrant
For the purposes of section 91(2) of the Act, the prescribed form of an authorisation to apply for a search warrant is Form 2 in the Schedule.
34Search warrant
For the purposes of section 91(5) of the Act, the prescribed form of a search warrant is Form 3 in the Schedule.
35Receipt for documents or things seized
For the purposes of section 93(2) of the Act, the prescribed form of a receipt for documents or things seized under a search warrant is Form 4 in the Schedule.
36Witness summons for investigation
For the purposes of section 121(3)(a) of the Act, the prescribed form of a witness summons is Form 5 in the Schedule.
37Direction about a witness already held in custody
For the purposes of section 126(2)(a) of the Act, the prescribed form of a direction as to a witness already held in custody is Form 6 in the Schedule.
38Notice of application to determine privilege
For the purposes of sections 59M, 100 and 147, the prescribed form of a notice of an application to determine a claim of privilege or the application of a secrecy requirement is Form 7 in the Schedule.
39Arrest warrant
The prescribed form of an arrest warrant for the purposes of section 153 of the Act is Form 8 in the Schedule.
40Statement about right to apply for discharge from custody
For the purposes of section 155(1)(a)(ii) of the Act, the prescribed form of a statement about applying to a bail justice for discharge from custody is Form 9 in the Schedule.
Part 7—Other matters
41Proof of age
For the purpose of sections 59H(2) and 123(2) of the Act, the following constitutes proof of age—
(a)an Australian birth certificate or certified birth extract;
(b)an Australian passport;
(c)a passport issued by another country;
(d)any other document or evidence that satisfies the IBAC about a person's age.
42Additional actions before the questioning of a witness or requiring the production of documents
For the purposes of section 130(1)(e) of the Act, the IBAC must take the following actions before a witness is asked any questions or required to produce a document or thing—
(a)if the IBAC administers an oath or affirmation to a witness under section 132 of the Act and the witness is using an interpreter, the IBAC must administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008; and
(b)if the witness is required to be accompanied by a parent, guardian or an independent person, inform that parent, guardian or independent person of the witness' rights and obligations as specified in section 121(4) of the Act.
* * * * *
Part 8—Transitional matters and renumbering
44Courses of training in the use of defensive equipment
For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use defensive equipment immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 102(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.
45Courses of training in the use of firearms
For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use firearms immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 103(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.
46Renumbering
In these Regulations—
(a)in regulation 1(c), for "Part 7" substitute "Part 9";
(b)in regulation 2, for "sections 110, 111 and 112" substitute "sections 195, 196 and 197";
(c)in regulation 4, in the definition of sample direction—
(i)for "section 91" substitute "section 172";
(ii)for "Part 7" substitute "Part 9";
(d)in regulation 8(1), for "section 82ZH" substitute "section 150";
(e)in regulation 14, for "section 82ZI" substitute "section 151";
(f)in regulation 20, for "section 93" substitute "section 174";
(g)in regulation 31(2)(b), for "Part 7" substitute "Part 9";
(h)in regulation 37, for "section 82L(2)(a)" substitute "section 126(2)(a)";
(i)in regulation 39, for "section 82ZK" substitute "section 153";
(j)in regulation 40, for "section 82ZM(1)(a)(ii)" substitute "section 155(1)(a)(ii)";
(k)in regulation 41, for "section 82I(2)" substitute "section 123(2)";
(l)in regulation 42, for "section 82P(1)(e)" substitute "section 130(1)(e)";
(m)in regulation 42(a), for "section 82Q" substitute "section 132";
(n)in regulation 42(b), for "section 82G(4)" substitute "section 121(4)";
(o)in regulation 43, for "section 49C(2)(g)" substitute "section 73(2)(j)";
(p)in the Schedule—
(i)in Form 1, for "section 33C" substitute "section 42";
(ii)in Form 2 for "section 26(5) or (6)" substitute "section 32(5) or (6)";
(iii)in Form 3, for "section 60" substitute "section 91";
(iv)in Form 6, for "section 82L" substitute "section 126";
(v)in Form 7, for "section 82ZE" substitute "section 147".
Schedule
FORMS
FORM 1
Regulation 32(1)
Independent Broad-based Anti-corruption Commission Act 2011
CONFIDENTIALITY NOTICE FOR AN INVESTIGATION
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 42(1) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:
[specify restricted matter or matters]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this notice?
You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission ("IBAC") considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
*· an investigation being conducted by the IBAC; or
*· the safety or reputation of a person; or
*· the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
| Restricted matter: [Specify restricted matter or matters] | You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
| The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. * ✗ to your employer or your manager. * ✗ to a registered health practitioner. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
·for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;
·for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011;
·to Victoria Police, if—
·the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
·the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;
·if the IBAC directs you or authorises you to disclose a restricted matter;
·if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011;
·if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
·to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
·to a parent, guardian or independent person if you are under the age of 18 years;
·to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
·to a legal practitioner for the purposes of obtaining legal advice or representation in relation to this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:
· the Independent Broad‑based Anti-corruption Commission Act 2011;
· the Public Interest Disclosures Act 2012;
· the Ombudsman Act 1973;
· the Victorian Inspectorate Act 2011;
· Part 10 of the Victoria Police Act 2013;
·the Fair Work Act 2009 of the Commonwealth;
·the Judicial Commission of Victoria Act 2016;
·Part IIIA of the Constitution Act 1975;
·the Local Government Act 1989;
·the Racing Act 1958; or
·the Freedom of Information Act 1982;
unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;
·if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
·for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975;
·if the restricted matter disclosed is information that has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;
·if the restricted matter disclosed is information that has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:
· Victoria Police;
· the Victorian Ombudsman;
· the Victorian Inspectorate;
· the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
· the Racing Integrity Commissioner;
· the Information Commissioner;
· the Chief Municipal Inspector;
·to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. When does this confidentiality notice expire?
This confidentiality notice expires on the date when the first of the following events occurs:
·the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
·the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;
·the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;
·unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;
·if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.
[attach:
·a copy of sections 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions;
·if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012.]
[signature]
[name]
[title]
[date].
*Delete if not applicable.
FORM 1AA
Regulation 32(2)
Independent Broad-based Anti-corruption Commission Act 2011
CONFIDENTIALITY NOTICE FOR PRELIMINARY INQUIRY
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 42(1A) of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:
[specify restricted matter or matters]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this notice?
You have been given this confidentiality notice because you have been issued with a witness summons in relation to an Independent Broad-based Anti‑corruption Commission ("IBAC") preliminary inquiry and the IBAC considers that your disclosure of any of the restricted matters described above would be likely to prejudice the IBAC preliminary inquiry.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
| Restricted matter: [Specify restricted matter or matters] | You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
| The IBAC has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. | |
| * ✗ to your employer or your manager. * ✗ to a registered health practitioner. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
·for the purposes of making a complaint to the Victorian Inspectorate about the conduct of the IBAC or of an IBAC Officer;
·for the purposes of complying with a witness summons served on you by the Victorian Inspectorate under the Victorian Inspectorate Act 2011;
·to Victoria Police, if—
·the IBAC has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
·the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.
·if the IBAC directs you or authorises you to disclose a restricted matter;
·if the disclosure is authorised or required by the Independent Broad‑based Anti-corruption Commission Act 2011;
·if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
·to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
·to a parent, guardian or independent person if you are under the age of 18 years;
·to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling a confidentiality notice or order extending a confidentiality notice;
·to a legal practitioner for the purposes of obtaining legal representation or legal advice about this notice, a witness summons or an order extending this confidentiality notice, or your rights, liabilities, obligations and privileges under:
· the Independent Broad‑based Anti-corruption Commission Act 2011;
· the Public Interest Disclosures Act 2012;
· the Ombudsman Act 1973;
· the Victorian Inspectorate Act 2011;
· Part 10 of the Victoria Police Act 2013;
·the Fair Work Act 2009 of the Commonwealth;
·the Judicial Commission of Victoria Act 2016;
·Part IIIA of the Constitution Act 1975;
·the Local Government Act 1989;
·the Racing Act 1958; or
·the Freedom of Information Act 1982;
unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;
·if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
·for the purposes of a proceeding for an offence against, or a disciplinary process or action initiated in respect of conduct that could constitute an offence against the Judicial Commission of Victoria Act 2016 or Part IIIAA of the Constitution Act 1975;
·if the restricted matter disclosed is information which has been made public in accordance with the Independent Broad-based Anti‑corruption Commission Act 2011 or any other Act;
·if the restricted matter disclosed is information which has been published in a report by the IBAC, the Integrity and Oversight Committee or any of the following investigating entities:
· Victoria Police;
· the Victorian Ombudsman;
· the Victorian Inspectorate;
· the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
· the Racing Integrity Commissioner;
· the Information Commissioner;
· the Chief Municipal Inspector;
·to an investigating entity listed immediately above, if the IBAC has referred the relevant matter to that investigating entity.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.
[attach:
·a copy of sections 42(3) to (8) and section 44 of the Independent Broad-based Anti-corruption Commission Act 2011 and an explanation of the effect of those provisions;
·if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012.]
[signature]
[name]
[title]
[date].
*Delete if not applicable.
FORM 1A
Regulation 32A
Independent Broad-based Anti-corruption Commission Act 2011
WITNESS SUMMONS FOR PRELIMINARY INQUIRY
To: [insert name of person to whom witness summons is directed]
Address: [insert address]
THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.
* You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.
The Independent Broad-based Anti-corruption Commission requires you under section 59F of the Independent Broad-based Anti-corruption Commission Act 2011 to attend to produce documents or other things for the purposes of a preliminary inquiry.
When and where must you attend?
You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m.
What are you required to do?
You will be required to produce to the IBAC the following documents or things that are in your possession or control:
[specify documents or things]
[name]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons]
* Delete if not applicable.
FORM 2
Regulation 33
Independent Broad-based Anti-corruption Commission Act 2011
AUTHORISATION OF AUTHORISED OFFICER TO APPLY FOR A SEARCH WARRANT
In accordance with section 91 of the Independent Broad-based Anti-corruption Commission Act 2011, I, [insert name], being
*the Commissioner of the Independent Broad-based Anti-corruption Commission
*a delegate of the Commissioner under section 32(5) of the Independent Broad-based Anti-corruption Commission Act 2011
authorise [insert authorised officer's name and title] to apply for a search warrant in relation to
*the particular premises
*a particular vehicle located in a public place
*a particular vessel located in a public place
*a particular aircraft located in a public place
named in the application.
[signature]
[name]
[title]
[insert date]
* Delete if not applicable.
FORM 3
Regulation 34
Independent Broad-based Anti-corruption Commission Act 2011
SEARCH WARRANT
Court Ref:
[Name and/or description of person, or document or thing]
The place, vehicle, vessel or aircraft that is authorised to be searched is:
*[Number and name of street and suburb of place to be searched]
*[Identifying details of vehicle/vessel/aircraft]
Purpose for search: [insert information on purpose for search]
This search warrant authorises:
*[Name, Rank/Title, Agency and Address]
*all members of the police force
to enter and search the:
*specified premises
*specified vehicle located in a public place named or described in this warrant
*specified vessel located in a public place named or described in this warrant
*specified aircraft located in a public place named or described in this warrant
·to inspect any document or thing; and
·to make a copy of any document relevant to the investigation; and
·to take possession of any document or other thing relevant to the investigation.
* This search warrant is subject to the following conditions:
[insert details of conditions]
Entry is authorised under this search warrant *at any time/*between [insert times between which entry is authorised].
This search warrant ceases to have effect on [insert day, not later than 28 days after the issue of the search warrant].
This search warrant is authorised by section 91 of the Independent Broad-based Anti-corruption Commission Act 2011.
Issued at *a.m./*p.m. on by , *Judge of the Supreme Court of Victoria/*Magistrate.
[signature of *Judge/*Magistrate]
* Delete if not applicable.
FORM 4
Regulation 35
Independent Broad-based Anti-corruption Commission Act 2011
RECEIPT FOR SEIZED DOCUMENTS AND THINGS
Premises: [insert address]
Name(s) of authorised IBAC Officer(s) conducting the search: [insert name/s]
Date: [insert date]
| Item No. | Time seized | Description of item | Location of item when seized | IBAC Officer's initials |
Collected from: [insert name of person from whom documents and things were collected]
By: [signature]
[name]
[title]
This receipt is authorised under section 93 of the Independent Broad-based Anti-corruption Commission Act2011.
FORM 5
Regulation 36
Independent Broad-based Anti-corruption Commission Act 2011
WITNESS SUMMONS FOR INVESTIGATION
To: [insert name of person to whom witness summons is directed]
Address: [insert address]
THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.
* You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.
In accordance with section 120 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad‑based Anti-corruption Commission requires you to attend an examination.
When is the examination?
You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m. and from day to day unless excused or released from further attendance.
What will the examination cover?
You will be required:
* to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest];
*to produce to the IBAC the following documents or things that are in your possession or control:
[specify documents or things]
* to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by the IBAC the following documents or things that are in your possession or control:
[specify documents or things]
[name]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons]
* Delete if not applicable.
FORM 6
Regulation 37
Independent Broad-based Anti-corruption Commission Act 2011
DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY
TO: [insert name of person in charge of place where witness is held in custody]
AT: [insert name and address of place where person is held in custody]
In accordance with section 126 of the Independent Broad-based Anti-corruption Commission Act 2011 ("the Act"), I direct that [name of person in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before the Independent Broad-based Anti-corruption Commission
AT: [insert address to which person in custody is to be brought]
ON: [insert date on which person in custody is to be brought]
AT: [insert time when person in custody is to be brought]
to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 3 of the Act and directed to the person who is the subject of this direction.
Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the Independent Broad-based Anti-corruption Commission.
[name]
[title]
Date: [insert date]
* Delete if not applicable.
FORM 7
Regulation 38
Independent Broad-based Anti-corruption Commission Act 2011
NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE OR THE APPLICATION OF A SECRECY REQUIREMENT
To: [insert name of person who has made claim for privilege]
Address: [insert address details]
You are notified that the Independent Broad-based Anti-corruption Commission has applied to the Supreme Court under *section 59M/*section 100/*section 147 of the Independent Broad-based Anti-corruption Commission Act 2011 for a determination of your claim of:
*privilege
*the application of a secrecy requirement
with respect to [insert details of the claim of privilege or the application of a secrecy requirement being made].
[name]
[title]
Date: [insert date]
* Delete if not applicable.
FORM 8
Regulation 39
Independent Broad-based Anti-corruption Commission Act 2011
ARREST WARRANT
TO: [insert name of member of police force, or all members of the police force]
In accordance with section 153 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad‑based Anti-corruption Commission has issued a certificate of charge charging [name] of [address] with contempt of the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011.
You are authorised by the Independent Broad-based Anti-corruption Commission to:
·arrest [name] of [address]; and
·bring him or her before the Supreme Court without delay to be dealt with according to law; and
·detain him or her in police custody in the meantime.
[name]
[title]
Date: [insert date]
FORM 9
Regulation 40
Independent Broad-based Anti-corruption Commission Act 2011
STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY
You have been arrested for contempt of the Independent Broad-based Anti-corruption Commission.
Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail.
If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained.
If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable.
The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977. The person in charge of the place where you are being detained must abide by that order.
This statement is issued in accordance with section 155 of the Independent Broad-based Anti-corruption Commission Act 2011.
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Independent Broad-based Anti-corruption Commission Regulations 2013, S.R. No. 5/2013 were made on 5 February 2013 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under sections 110, 111 and 112 of the Independent Broad-based Anti‑corruption CommissionAct2011, No. 66/2011 and came into operation as follows:
Regulations 1–45 on 10 February 2013: regulation 3(1); regulation 46 on 11 February 2013: regulation 3(2).
The Independent Broad-based Anti-corruption Commission Regulations 2013 will sunset 10 years after the day of making on 5 February 2023 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Independent Broad-based Anti‑corruption Commission Regulations 2013 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Independent Broad-based Anti-corruption Commission Regulations 2013, S.R. No. 5/2013
Date of Making: 5.2.13 Date of Commencement: Reg. 46 on 11.2.13: reg. 3(2)
Independent Broad-based Anti-corruption Commission Amendment Regulations 2016, S.R. No. 70/2016
Date of Making: 21.6.16 Date of Commencement: 1.7.16: reg. 3
Independent Broad-based Anti-corruption Commission Amendment Regulations 2019, S.R. No. 158/2019
Date of Making: 17.12.19 Date of Commencement: 31.12.19: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
Not updated for this publication.
4 Explanatory details
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
0
0
0